BY LINDA BENTLEY | MAY 21, 2014
Grievances presented at Office Hours with the Mayor and Vice Mayor
Home occupation auto repair shop continues to operate after permit revocation
CAVE CREEK – Bob Hughes kicked off Thursday morning’s Office Hours with the Mayor and Vice Mayor, which now includes the town manager, by providing them with an update on the home occupation auto repair shop on Fleming Springs Road.
He said, “Even though the permit was revoked, operations are going to continue.”
According to Hughes, the town has authorized Christian Schulze, who operates CS MotorSports out of the residence on Fleming Springs Road, to build a six-foot dirt berm around his property.
Another neighbor asked, “What do you gentlemen propose to do? There were 10 cars and a Bobcat there this morning.”
He said, “They continue to thumb their nose at the town.”
Town Manager Peter Jankowski said Town Marshal Adam Stein had written one citation for a junk vehicle.
Mayor Vincent Francia said, “If the goal is to shut this down, we will consult with legal. We’ll find out what we can do within the law.”
The neighbor said Stein told them he had to catch them red-handed taking money. “That’s never going to happen. This is outside the intent of the ordinance.”
Jankowski said Stein was asking for affidavits and so far he’s received one.
Francia said they would talk to Town Attorney Gary Birnbaum and tell him what they want to achieve so they can finds out what they need to do.
The neighbor asked about whether there were any landscaping requirements for the six-foot berm and wanted to know if there was any way to stay the dirt berm until the underlying problem is resolved.
Vice Mayor Adam Trenk said it was the first he’d heard about that and stated, “Everything is going to take longer than we’d like. We hear the concern and we’re on it as best we can.”
Francia said, “I will get in touch with Birnbaum today.”
Trenk questioned whether Schulze was paying sales tax.
Jankowski said they have no way to look that up for an individual.
However, Francia said the town’s Tax Auditor Al Holler could do an audit.
Everett Bell stated, “They’re breaking the law. Their permit was revoked.”
Francia reiterated, “We need to make sure we do it in a legal manner.”
Bell said, “They’re thumbing their noses at you.”
Francia responded, “I don’t mind their thumbing their noses.”
Another man brought up noise and asked where it was with the noise committee.
Francia said they were waiting for the recommendation from the committee to bring to council.
The man stated there have been some real improvements and noted a wall was built behind the Hideaway and that Hogs ‘N Horses turned their speakers around to face the other direction.
Francia said the special event process should have a sound check and stated Toby Payne has been very helpful to the town and businesses in mitigating the noise.
He said, “I think we can make the sound ordinance better – improve upon it.”
Trenk said businesses realize the town wants to work with them and supports them.
Frank Imel from the Horny Toad said the last time he was there Trenk told him he wanted to see something in black and white.
Imel presented them with a petition of grievances signed by business owners in the community and residents in the neighborhood, listing complaints.
He said during special events people parking in their parking lot has been such a problem they’ve had to hire security.
“We were told if we were inconvenienced by other businesses events, they would pay for security. That has never happened,” said Imel.
Stating Bike Week alone wasn’t the issue, but people were just frustrated with the cones and road closures.
Francia stated he would like to separate Bike Week and Fiesta Days and said, “We have a year to figure it out and do it better.”
Imel said that was why he was bringing it up now.
Trenk said the road closures were only six weekends per year.
Spirit of the West owners Michael and Yvonne Gleason, who said they were going out of business due to a culmination of things, told Trenk, “Yeah, but it’s six prime weekends.”
The Gleasons and Imel brought up the issue of the temporary vendors, which Trenk admitted was a distinct disadvantage to the brick and mortar shops in town.
Trenk said, “We haven’t addressed this.”
Imel stated that was the original intent of the special event permit and said, “We went from 12 special events per year to 42.”
He said it would have been required under the old ordinance but now 10 tents or less is allowed without a permit.
Trenk noted their concerns about access being a problem, not just through town but pedestrian and business access.
Imel stated, “We don’t have a venue big enough in town for Bike Week,” and questioned if Scottsdale, Glendale or other cities close down streets for such events.
Planning Commission Chair Ted Bryda said Scottsdale closes streets down for events often.
Imel reminded Bryda that the other municipalities don’t have just one way in and out of town like Cave Creek.
Trenk stated he had to leave but said he would like to address the issue of tents.