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Home My WebLink About1980 01.02 City Council Regular Agenda CITY OF 'APACHE JUNCTION P.O. BOX K APACHE JUNCTION, ARIZONA 85220 COUNCIL AGENDA REGULAR MEETING JANUARY 2, 1980 7:00 P.M. 6:00 P.M. EXECUTIVE SESSION CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL ( 1) ACCEPTANCE OF AGENDA (2) ACCEPTANCE OF THE MINUTES OF REGULAR MEETING OF DECEMBER 19 , 1979 AWARDS, PRESENTATIONS AND COMMUNICATIONS (3) PUBLIC PETITION - FOUR-WAY STOP SIGN CALL TO THE PUBLIC (PETITIONS) CITY MANAGER'S REPORT PUBLIC HEARINGS (NONE) UNFINISHED BUSINESS (TABLED ITEMS) ( a) ORDINANCE NO. 17, HALBERT ANNEXATION NEW BUSINESS ( 5) SALARY SCHEDULE & POSITION CLASSIFICATION (6) ORDINANCE NO. 20, PERTAINING TO PROSTITUTION, HOUSES OF PROSTITUTION AND RELATED OFFENSES (FIRST READING) (7) ORDINANCE NO. 18, BUSINESS LICENSE (SECOND READING) (8) EXECUTIVE SESSION, JANUARY 16, 1980, 6.00 P.M. INFORMATION AND REPORTS REQUESTS OF COUNCIL ADJOURNMENT ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAIN COUNCILMAN SHANK COUNCILMAN EIDSON COUNCILMAN BURGESS COUNCILMAN HILL COUNCILMAN DAMIANO VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ROLL CALL. VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY : YES Nn ABSTAIN COUNCILMAN BURGESS COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS VICE-VAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO. 1 BE IT RESOLVED EY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE AGENDA BE ACCEPTED AS PRESENTED. CITY COUNCIL MINUTES REGULAR MEETING DECEMBER 19, 1979 A Regular Meeting of the City Council of Apache Junction was held on the 19th day of December, 1979 at the Apache Junction City Hall, pursuant to the notice as required by law. CALL TO ORDER Mayor Virginia Seeman called the meeting to order at 7:05 p.m. at the Apache Junction City Hall. PLEDGE OF ALLEGIANCE Councilman Eidson led the Pledge of Allegiance. INVOCATION Councilman Shanks gave the Invocation. OmN ROLL CALL Councilmembers Present. Mayor Virginia Seeman, Vice-Mayor John Granillo, Norman Hill, Marie Shanks, Jimmy Eidson, Jerry Burgess, Thomas Damiano Councilmembers Absent : None Others Present John Naylor, City Auditor Tom Lester, 275 N. Saguaro Dr. Robert Dugger, 710 S. Lawson #17 Al Hasty, 5150 E. Roundup Street ACCEPTANCE OF THE AGENDA ) 1 ) Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT AGENDA ITEMS 13, 14, 15, 16, 17, AND 18, REFERRING TO ORDINANCES NO. 20, 21, 22, 23, 24, AND 25, BE AND HEREBY ARE REMOVED FROM THE AGENDA, AND BE IT FURTHER RESOLVED THAT ITEM NO. 20, HALBERT ANNEXATION, BE TABLED UNTIL FURTHER INFORMATION IS RECEIVED. Vice-Mayor Granillo seconded the motion. VOTE: Unanimous Motion carried.d ie . c Regular Meeting-Dec. 19, 1979 Page 2 Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE AGENDA BE ACCEPTED AS CORRECTED. Councilman Hill seconded the motion. VOTE: Unanimous Motion carried. ACCEPTANCE OF THE MINUTES OF REGULAR MEETING OF DECEMBER 5, 1979 ) ) Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE MINUTES OF THE REGULAR MEETING OF DECEMBER 5, 1979 BE AND HEREBY ARE ACCEPTED AS PRESENTED. Councilman Eidson seconded the motion. VOTE: Unanimous Motion carried. AWARDS PRESENTATIONS AND COMMUNICATIONS ) ) Mayor Seeman called upon the City Manager for the presentation of the annual audit report in accordance with the Arizona Revised Statutes. City Manager Lee called upon Mr. John Naylor, Accountant , to present the audit report. Mr Naylor reported that there are two parts of the report, one is the annual report and the other part is a letter of recommendation on approving some of the procedures, methods of handling money over the counter, etc. He further reported that this is the audit for June 30, 1979; it is from the inception of the City until June 30, 1979. Mr. Naylor presented a copy of the report to the Council for their review and stated that he was available for any questions or comments they may have in regard to this report. CALL TO THE PUBLIC (PETITIONS) ) ) Mayor Seeman called for the "requests to speak" and recognized Mr. Al Hasty. Mr. Al Hasty, 5150 E. Roundup Street, on behalf of the Democratic Club of Apache Junction, presented the City Council with a check in the amount of fifty dollars ($50.00) toward Regular Meeting-Dec. 19, 1979 Page 3 the swimming pool fund. oms Mayor Seeman asked what the status of the swimming pool account was at present. City Clerk Ballard reported that it now contains seventy-five dollars and with the check presented this evening, the total is one hundred and twenty.-five dollars and we have a pledge of five hundred dollars. CITY MANAGER'S REPORT ) ) City Manager Lee reported that at a recent conversation with Mr. Fish of the State Land Department, Mr. Fish had informed him that the appraisal on Section 16, the City Hall Complex site is in the final stages and we should have a report from the Commissioner's Office in two or three weeks. City Manager Lee further reported that on his second item, he would like to call upon the Director of Planning to address five problems of interest to the Council. Planning Director Gero reported that the Western Regional Director of the Federal Emergency Preparedness Agency, Mr. Peterson, called and informed us that, as of tomorrow morning, the City of Apache Junction will be on the Federal Flood Insurance Program. Mr. Gero requested the newspaper to publish a number: 040120A, this number is our community number and starting as of tomorrow, anybody who wishes to apply for Federal Flood Insurance must have that number on the insurance policy. This number will also be available in the Planning Director's Office. Planning Director Gero reported that the City has a contract with Apacheland Aluminum Products for skirting and the tie downs on the Cities two mobile units and the work will be completed within four weeks. Planning Director Gero further reported that the people from the State Department of Highways have asked us to resubmit to them the contract that they had originally sent us as they are going to review it; they believe that there are some charges that should have been paid by the State in many cases. Some of the charges may be resubmitted to us early in the year, but they have indicated to us that they will pay the bills up until this point. Planning Director Gero next reported that there will be some construction going on Meridian Road, between University and Brown Road, and Lost Dutchman. Maricopa Highway Department is building a two-lane road of which one lane lies within Apache Junction. They have chosen to pave it at their cost. 1 Planning Director Gero reported that his office has been receiving calls regarding road damage, pot holes, etc. along our State highways. He stated that there had been a survey done on the holes and called the State Highway Department, Highway Maintenance, and this Regular Meeting-Dec. 19, 1979 Page 4 past week they brought in a full crew and did a lot of patching. Planning Director Gero reported that he met earlier this week with Mr Broman, Director of Public Works and the people from the Governor's Four Corners Committee and the State Office. They are leaning toward giving certain grants to the City of Apache Junction to study how we can best provide water services in the community, to make a needs determination, to study the transportation system within our community and a land use plan. PUBLIC HEARINGS APPLICATION FOR LIQUOR LICENSE/KOVAC'S KORNER ) ) Mayor Seeman opened the public hearing for original Application for Spirituous Liquor License, the applicant is David G. Weller. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE COMMON COUNCIL RECOMMENDS APPROVAL TO THE DEPARTMENT OF LIQUOR LICENSES AND CONTROL, ON THE ORIGINAL APPLICATION FOR SPIRITUOUS LIQUOR LICENSE, SERIES #7 ON-SALE RETAILER'S LICENSE TO SELL WINE AND BEER BY INDIVIDUAL PORTIONS AND IN THE ORIGINAL CONTAINERS, BY APPLICANT DAVID G. WELLER, BE AND HEREBY IS APPROVED FOR RECOMMENDATION. Councilman Hill seconded the motion. VOTE: Unanimous Motion carried. BINGO LICENSE APPLICATION/ ROUND-UP MOBILE HOME RANCH ) ) Mayor Seeman asked if the applicant, Barbara Freeman, was present. She was not. /1 Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE COMMON COUNCIL RECOMMENDS TO THE ARIZONA DEPARTMENT OF REVENUE THE CONDITIONAL APPROVAL OF THE BARBARA FREEMAN "SMALL GAME" BINGO LICENSE, TO BE CONDUCTED AT THE ROUND- UP MOBILE HOME RANCH LOCATED AT 926 N. MONTEREY DRIVE IN THE CITY OF APACHE JUNCTION, ARIZONA; SAID APPROVAL TO BE CONDITIONAL UPON APPLICANT Regular Meeting-Dec. 19, 1979 Page 5 AGREEING THAT THE BUILDING IN WHICH THE BINGO GAMES WILL OCCUR SHALL NOT HAVE MOTOR VEHICLES PARKED IN THE VICINITY OF SAID BUILDING IN A MANNER THAT THE VEHICLES' PRESENCE WOULD BECOME A HAZARD TO THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE. Vice-Mayor Granillo seconded the motion. VOTE. Unanimous Motion carried. Mayor Seeman closed the public hearing for Application for "Small Game" Bingo License/Barbara Freeman. BINGO LICENSE APPLICATION/ MOUNTAIN VIEW MOBILE RANCH ) ) Mayor Seeman opened the public hearing on this Bingo License Application, indicating that Mr. Hon, the applicant is present. Mayor Seeman asked if there __ was any discussion. There was no response. Mayor Seeman asked if there was anyone present who wished to speak for or against this application. No response. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE COMMON COUNCIL RECOMMENDS APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE THE QUALIFIED ENDORSEMENT OF THE ANTHONY HON "SMALL GAME" BINGO LICENSE TO BE CONDUCTED AT THE MOUNTAIN VIEW MOBILE RANCH LOCATED AT 1325 N. DELAWARE DRIVE IN THE CITY OF APACHE JUNCTION, ARIZONA. THE QUALIFIED ENDORSEMENT IS THAT APPLICANT AGREES THAT THE BUILDING IN WHICH THE BINGO GAMES WILL OCCUR SHALL NOT HAVE MOTOR VEHICLES PARKED IN THE VICINITY OF SAID BUILDING IN A MANNER THAT THE VEHICLES PRESENCE WOULD BECOME A HAZARD TO THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE. Councilman Hill seconded the motion. VOTE: Unanimous Motion carried. Mayor Seeman closed the public hearing on the Anthony Hon "Small Game" Bingo License UNFINISHED BUSINESS (TABLED ITEMS) (NONE) Regular Meeting-Dec 19, 1979 Page 6 NEW BUSINESS RESOLUTION 79-49, AORCC GRANT ) ) Councilman Burgess reported that the City is in the number two position for receiving a grant with this AORCC Grant and commended City Clerk Ballard for doing an outstanding job on the preparation of this grant. City Clerk Ballard reported that the surcharge is used for the administration of AORCC; AORCC charges the applicants 3.25 percent of the funds granted for their administrative costs. City Clerk Ballard further reported that she has proposed that upon final approval by HCRS, she will then bill Apache Junction High School for their 50 percent; if it is not approved, HCRS will refund our money. Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION NO. 79-49, A RESOLUTION OF THE MAYOR AND THE COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF ARIZONA, ACTING BY AND THROUGH THE STATE LIAISON OFFICER OF ARIZONA OUTDOOR RECREATION COORDINATING COMMISSION AND DECLARING AN EMERGENCY, BE AND HEREBY IS APPROVED. Vice-Mayor Granillo seconded the motion. VOTE: Unanimous Motion carried. ORDINANCE NO. 18, BUSINESS LICENSE ) ) Mayor Seeman called for "Requests to Speak" and recognized Tom Lester as first speaker and Robert Dugger as second speaker. Mr. Tom Lester, 275 N. Saguaro Drive reported that he was not sure that he wanted to speak on this item as he was unaware of what was in Ordinance 18 and reserved the right to speak on this item later. Mr. Robert Dugger, 710 S. Lawson #17, reported that he also wished to speak later on this item. Regular Meeting-Dec. 19, 1979 Page 7 Vice-Mayor Granillo explained the reasons why this Ordinance was being considered and that it is basically a license to do business in the City City Manager Lee explained that, as the Vice-Mayor pointed out, this Ordinance is a license to do business within the corporate limits and to recover the administrative costs to handle this and to insure that, through this particular control, everyone is contributing on their one cent sales tax that is also established within the corporate limits; he further explained that this is not a revenue producing Ordinance. City Attorney Curtis added that the City must have tools with which to monitor the number of businesses, the nature of businesses and the extent to which those businesses are involved in doing business in the community. In order to do this, they must be registered; the City must be aware of how many there are and that, as a City, causes us to incur certain overhead charges in keeping track of ,^ businesses and the people who are conducting them, because only through keeping track of them are we then able to insure that we are collecting the appropriate revenue from the sales taxes, and this is not a sales tax, this is a registration and a privilege license. This is actually a licensing process which carries with it certain charges and the intent and purposes of these charges is to recover the administrative cost of simply keeping up with the various types of businesses that these licenses cover. City Manager Lee reported that this Ordinance is also related to the Zoning Administration. Before a business is licensed to do business in the City, they must comply with all of our laws. It will insure that they comply with our local Ordinances. Tom Lester, 275 N. Saguaro, asked if there is a list of businesses that are affected, as he is a mobile home park owner and wants to know if they are affected by Ordinance 18. City Manager Lee reported that Mr. Lester would be required to obtain a Business License to do business in this mobile park, as he is in the business of renting spaces. This is covered on page 4, the fourth item down, under Agents Not Otherwise Taxed. Regular Meeting-Dec. 19, 1979 Page 8 Robert Dugger, 710 S. Lawson, reported that he is p president of a small buisness in Apache Junction, is licensed by the State of Arizona, has to pay $500.00 per year to the State of Arizona Banking Department, plus $40.00 per hour per auditor to audit his business and he further reported that he is basically and philosophically opposed to business regulation. Mr. Dugger further reported that the government of this country is driving the businessman out of business and that he is not asking for the City's services and that it is his right to conduct his business, not a privilege and that he does not want to be taxed or licensed for the right to earn his living. Councilman Shanks reported that after looking over Ordinance 18, it is her feeling that it needs to be refined. Councilman Burgess called upon the City Clerk for a first reading, without the emergency clause. City Clerk Ballard read the title of Ordinance No. 18 as follows. AN ORDINANCE OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, PROVIDING FOR A LICENSING OF ANY PERSON, FIRM, CORPORATION OF ASSOCIATION FOR CARRYING ON ANY TRADE, BUSINESS, GAME OR AMUSEMENT, CALLING, PROFESSION OR OCCUPATION AND FIXING THE AMOUNT OF LICENSE TAXES PROVIDING FOR PAYMENT OF PUBLIC UTILITY TAXES: AMENDING CHAPTER 8 AND ADDING ARTICLE 8-5: PROVIDING FOR PENALTY CLAUSE AND SEVERABILITY CLAUSE. Mayor Seeman reported that this reading constitutes the first reading only and that this item will be placed on the agenda at the next regular meeting. ORDINANCE NO. 12, RELATING TO ADMINISTRATION (SECOND READING) ) ) Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT THE SECOND READING OF ORDINANCE NUMBER 12 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice-Mayor Granillo seconded the motion. VOTE: Unanimous Motion carried. Mayor Seeman called upon the City Clerk to read the title of Ordinance No. 12. Regular Meeting-Dec. 19, 1979 Page 9 City Clerk Ballard read as follows. ORDINANCE NUMBER 12, AN ORDINANCE OF THE CITY OF APACHE JUNCTION RELATING TO ADMINISTRATION, REPEALING CHAPTER THREE OF THE APACHE JUNCTION CITY CODE AND ADDING SECTIONS 3-1-1 THROUGH 3-11-1. Councilman Hill MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT ORDINANCE NO. 12, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA RELATING TO ADMINISTRATION, REPEALING CHAPTER THREE OF THE APACHE JUNCTION CITY CODE AND ADDING SECTIONS 3-1-1 THROUGH 3-11-1 BE AND HEREBY IS APPROVED. Councilman Damiano seconded the motion. VOTE: Unanimous Motion carried. "Awsk RESOLUTION NO. 79-52, HEALTH SERVICES ) ) Mayor Seeman requested City Manager Lee to report on this item. City Manager Lee reported that the citizens of Apache Junction are not getting the return on their tax dollar so far as health services are concerned. We have had a number of health problems in the City and the County agency is reluctant to address the issue and protect the citizens within the corporate limits. He maintained that we pay through the tax structure for this service and we would like to pursue whatever legal avenue is available to us to enforce the sanitarians to cover that problem for our citizens. Vice-Mayor asked City Manager Lee if he had heard from the County at all on this issue after the enclosed letter was mailed to them. City Manager Lee reported that they have on one occasion provided that service, reluctantly. City Manager Lee reported that �► his office has been in contact with State Agencies that spell out the County's responsibility and that is what he wishes to do, define that responsibility once and for all. Assistant City Attorney Goodwin reported that she had received a telephone call from Mrs. Powers and that she would like to try to iron out what she sees as a communication problem. Miss Goodwin reported that she is meeting with the Deputy County Attorney tomorrow to finish ironing out those problems and it is her opinion that this can be done. Regular Meeting-Dec. 19, 1979 Page 10 Vice-Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION 79-52, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF APACHE JUNCTION DIRECTING THE CITY MANAGER TO PROCEED TO SECURE HEALTH SERVICES FOR THE CITY OF APACHE JUNCTION PURSUANT TO THE LAWS OF THE STATE OF ARIZONA, BE AND HEREBY IS APPROVED. Councilman Hill seconded the motion. VOTE. Unanimous Motion carried. ORDINANCE NO. 19, MEMBERSHIP ON P & Z COMMISSION ) ) Mayor Seeman reported that basic purpose of this Ordinance is to bring the membership to a number of nine members. Councilman Damiano MOVED __ THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, THAT THE READING OF ORDINANCE NUMBER 19 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE: Unanimous Motion carried. Mayor Seeman called upon the City Clerk to read Ordinance Number 19 by title. City Clerk Ballard read as follows. ORDINANCE NUMBER 19, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA AMENDING SECTION 11-1-2 OF THE CITY CODE, RELATING TO MEMBERSHIP OF THE APACHE JUNCTION PLANNING AND ZONING COMMISSION; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT ORDINANCE NUMBER 19, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING SECTION 11-1-2 RELATING TO MEMBERSHIP OF THE APACHE JUNCTION PLANNING AND ZONING COMMISSION; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY, BE AND HEREBY IS APPROVED. Councilman Hill seconded the motion. Regular Meeting-Dec. 19, 1979 Page 11 VOTE: Unanimous Motion carried. Mayor Seeman reported that she has, along with the Director of Planning have pulled the Talent Bank Applications for P & Z Commission applications, and although there cannot be a full appointment at this time, she submitted particular applications for the consideration of the Council. Mayor Seeman appointed to the P & Z Commission, Mildred Baker, her term to end June 30, 1982; Susan Sharp, her term to end June 30, 1980, and Richard Oltman, his term to end June 30, 1981, with approval of the City Council. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT THE FOLLOWING PERSONS ARE HEREBY CONFIRMED TO BE AND ARE HENCEFORTH APPOINTED "MEMBERS" OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF APACHE JUNCTION FOR THE TERMS SPECIFIED HEREIN. MILDRED BAKER, FOR THE UNEXPIRED TERM TO END JUNE 30, 1982: SUSAN SHARP, FOR THE UNEXPIRED TERM TO END JUNE 30, 1980, AND RICHARD OLTMAN, FOR THE TERM TO END JUNE 30, 1981. oak Vice-Mayor Granillo seconded the motion. VOTE: Unanimous Motion Carried. Councilman Hill MOVED THAT THE COUNCIL RECESS FOR 15 MINUTES. Vice-Mayor Granillo seconded the Motion. VOTE: Unanimous Motion carried. RESOLUTION 79-50, PUBLIC IMPROVEMENT AGREEMENT ) .�► ) Mayor Seeman called for "requests to speak" and recognized Mike Ondrish. Mike Ondrish, 6360 E. 22nd Avenue reported that Resolution 79-50 affects him directly and that he has given some letters to the City Clerk addressed to him from the County, and indicated his full support in the passage of this Resolution. Planning Director Gero reported on Resolution 79-50 and the possibilities of creating improvement districts. Regular Meeting-Dec 19, 1979 Page 12 There was further discussion by the Council regarding the possiblity of oiling the dirt streets to avoid the dust problems. Mayor Seeman called upon the City Clerk to read Resolution 79-50 by title. City Clerk Ballard read as follows. RESOLUTION 79-50, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO AGREEMENTS FOR PUBLIC IMPROVEMENTS AS A CONDITION PRECEDENT FOR THE ISSUANCE OF A BUILDING PERMIT WHEREUNDER THE APPLICANT WOULD ENTER INTO CERTAIN AGREEMENTS FOR PROVIDING PUBLIC IMPROVEMENTS UNDER CERTAIN CONDITIONS; REPEALING CONFLICTING RESOLUTIONS: AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT RESOLUTION NO. 79-50, A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO AGREEMENTS FOR PUBLIC IMPROVL ENTS AS A CONDITION PRECEDENT O \ FOR THE ISSUANCE OF A BUILDING PERMIT WHEREUNDER THE APPLICANT WOULD ENTER INTO CERTAIN AGREEMENTS FOR PROVIDING PUBLIC IMPROVEMENTS UNDER CERTAIN CONDITIONS; REPEALING CONFLICTING RESOLUTIONS, AND DECLARING AN EMERGENCY, BE AND HEREBY IS ADOPTED. Councilman Hill seconded the motion. VOTE: Unanimous Motion carried. RESOLUTION 79-51, BUILDING PERMITS ON CERTAIN LANDS ) ) Planning Director presented an explaination of problems associated with the 114 acre parcels that have patent easements for public right-of-way and utility purposes. Resolution No. 79-51 would authorize City officials to approve zoning reviews for building permits on parcels 14 acres gross but having as little as eight- tenths (0.8) acre net. Further, the resolution instructs City officials to ,/', measure setbacks from interior easement lines This would protect and provide for future setbacks. Mayor Seeman called upon the City Clerk to read Resolution No. 79-50 by title only. City Clerk Ballard read as follows. Regular Meeting-Dec. 19, 1979 Page 13 RESOLUTION NUMBER 79-51, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RELATING TO THE ISSUANCE OF BUILDING PERMITS ON CERTAIN LANDS WITHIN THE CITY OF APACHE JUNCTION; REPEALING CONFLICTING RESOLUTIONS, AND DECLARING AN EMERGENCY. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, THAT RESOLUTION NUMBER 79-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RELATING TO THE ISSUANCE OF BUILDING PERMITS ON CERTAIN LANDS WITHIN THE CITY OF APACHE JUNCTION; REPEALING CONFLICTING RESOLUTIONS; AND DECLARING AN EMERGENCY, BE AND HEREBY IS APPROVED AND ADOPTED. Councilman Hill seconded the motion. VOTE: Unanimous Motion carried. CLAIMS ) ANN ) Vice-Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE BILLS IN THE AMOUNT _OF $33,486.82 BE PAID. Councilman Burgess seconded the motion. VOTE: Unanimous Motion carried. EXECUTIVE SESSION, JANUARY 2, 1979, 6.00 P.M. ) ) Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT AN EXECUTIVE SESSION REGARDING PERSONNEL BE HELD ON THE 2nd DAY OF JANUARY, 1980, 6:00 P.M. Councilman Hill seconded the motion. VOTE: Unanimous Motion carried INFORMATION AND REPORTS (NONE) Regular Meeting-Dec. 19, 1979 Page 14 REQUESTS OF COUNCIL ) /'u,k ) Councilman Burgess MOVED THAT A WORK SESSION OF THE CITY COUNCIL BE HELD DECEMBER 26, 1979, 7.00 P.M. Councilman Shanks seconded the motion. VOTE: Unanimous Motion carried. ADJOURNMENT ) ) Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT THE MEETING BE ADJOURNED AT 8:52 P.M. Councilman Hill seconded the motion. VOTE. Unanimous Motion carried. Meeting was adjourned at 8:52 p.m. Approved this day of , 1979. VIRGINIA SEEMAN Mayor ATTEST: 0111' ISABEL C. BALLARD, CMC City Clerk ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY: -2 YES NO ABSTAIN COUNCILMAN EIDSON_ COUNCILMAN SHANKS COUNCILMAN HILL COUNCILMAN BURGESS COUNCILMAN DAMIANO VICE-MAYOR GRANILLO MAYOR SEEMAN t UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY : YFS Nn ABSTAIN COUNCILMAN HILL COUNCILMAN DAMIANO COUNCILMAN SHANKS COUNCILMAN BURGESS COUNCILMAN EIDSON VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 2 BE IT PESOLVEI BY THE MAYOP AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PRIZONA THAT THE MINUTES OF THE REGULAR MEETING OF DECEMBER 19, 19,79 BE ACCEPTED AS PRESENTED, /4CH 0 1 ►� II11 yO Z Amik 41? ZoNP amity o� C pache 02unction December 21, 1979 MEMORANDUM TO: The Honorable Mayor and Members of the Council FROM: Joe Gero, Director of Planning THRU: City Manager_ ' SUBJECT: Four-way stop at S. Idaho & Broadway Dear Mayor and members of the City Council: Enclosed you will find a petition submitted by the owners of the Desert Park at 900 S. Idaho Rd. and residents of the Desert Park. The petitioners are requesting a four-way stop at the intersection of S. Idaho Road and Broadway. At this time this petition is submitted only for your infor- mation. The Director of Public Works will be investigating this request and will give you an opinion at the conclusion of his investigation. Sincerely, /1� `6). % -t.t Le osep W. Gero Dir to P1 'ng JWG/ //4e..o. 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION.ARIZONA 85220 • TELEPHONE(602)982-6154 900 S. Idaho Road Apacne Jct , ,Az ,85220 November 14, 1 9 7 9 Mayor Seeman CITY OF APACmE JUNCTION Postoffice Box K Apacne Jct, ,Ariz, 85220 Dear Mayor: We, tne undersigned Owners of DESERT PARK, together with the undersigned residents of Apacne Junction, respect_ fully request tnat tne neavily travelled intersection of Broadway and Soutn Idano Roads be made a Four Way Stop. Protection of its citizens from serious injury or death should be a TOP PRIORITY for any community. This inter_ section bears such heavy traffic botn niamt and day that the URGENCY of such a request CANNCT BE OVER EMPHASIZED, Charles O. Caldwell , one of our Park residents and a Signer of this Petition, whose Mobile Home is located st tne Southwest corner ci this busy intersection can testify to the VERY REAL NEED OF Tt IS IMPROVEMENT. There nave already been four or five accidents at tnis corner, together with numerous near misses, Mr. Caldwell fully expects the cars involved in the next accident to end up in his living room. Tnis is not a trivial request but one that is proven to be SURELY NEEDED, Prompt action would be grestly appreciated by all of the undersigned together, we are sure , w '_tn All of tne residents of your city. Sincerely Yours, l _ 4ienr Ors. Schrenk Owners DESERT PARK _71, 7) �� 1144/ ," , , "Pivroyv.- 4 ; `''7.0 - n // ,......7, Et g....#,,---.- • ,.22r, ef-r Arrkling I,1t7 D'takit' /f / ,---„,,, -,-, 11/ ->29/4-79 36 \----,--\,-G- 1 ' Q-PA. eyA-an '\--1- 7173 re/ e3v 'L47 ., 77"),(_< d ) Z i ervfrr C. 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AFFIDAVIT State of Arizona County of Pinal November 19, 1979 Before me , Betty L. Willsey, Notary Public in and for the County of Pinal , State of Arizona , personally appeared Henry Schrenk and Ora Schrenk, his wife , to me well known, who , after being duly sworn, depose and say that: Our names are Henry Schrenk and Ora Schrenk. We are the owners of DESERT PARK , a mobile home park located at the corner of Idaho Road and Broadway in Apache Junction, Arizona. We are personally acquainted with each and every signatory to the attached petition dated November 14, 1979, and we certify that every signatory to this petition is a resident of Desert Park. Henry chrenk L4e9//f Ora Schrenk STATE OF ARIZONA ss. COUNTY OF i This instrument ::as ackna.yledn-2d before me this day/Of el"."« '. . 15 7,, !'l— �tAx4,L-, 1 in w1tne3s whereof hers ith set my hand an official seal. Notary Pubtic• r J ( M Cprnisslon Expires Sept.22, 1981 ROLL CALL. VOTE SHEET NOTES Omk ITEM # MEETING OF MOTION BY: _ SECONDED BY : /0k YES Nn I ABSTAIN COUNCILMAN BURGESS COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: NOTE : THIS IS A COMMUNICATION ITEM AND DOES NOT REQUIRE A MOTION; STAFF IS REVIEWING AND WILL SUBMIT A REPORT AT A FUTURE MEETING, � PQACHE�Gy gR�ZONP cO t?y C pache cOunction MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: CITY MANAGER FROM: CITY CLERK,_9 DATE: DECEMBER 27, 1979 SUBJECT: ORDINANCE NO. 17, HALBERT ANNEXATION This item is tabled pending further information from the Petitioner on fire protection. As soon as the information is received, this item may be removed from the Table for Council 's second reading and final action. ITEM No. --- APPI .'M ON /Z417/i7.� /- ----CO li.,t,/,.2aR 6,„ pac 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-6154 ROLL CALL VOTE SHEET NOTES ITEM # _ MEETING OF MOTION BY:_ SECONDED BY : YES Din ABSTAIN COUNCILMAN BURGESS COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: PQACHE✓G 0 CI ... (L,. - 4#/ZONP `Oity o . pache 2unctian December 26, 1979 MEMORANDUM FOR: CITY MANAGER FROM: DIRECTOR OF ADMINISTRATIVE SERVICES SUBJECT: SALARY SCHEDULE AND POSITION CLASSIFICATION PLAN Transmitted for City Council adoption is a salary Schedule and Position Classification Plan to comply with applicable state, federal and local laws. .mow In anticipation of forthcoming grants from state and federal agencies, it is respectfully requested that this be given an adoption priority to insure favorable consideration from any and all funding sources. Lr'!//G.-t. • r.--, a'"MARti J. DAVIS DIRECTOR, ADMINISTRATIVE SERVICES enclosure ITGM ..,., APPROVED CAN / �? .... .42,/r/c22.‹f7 1hy1U/ Rs-POET S C11Y IvIANACCR e ___— 150 NORTH OCOTILLO • POST OFFICE BOX K.APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-6154 ) ) ) . CITY OF APACHE JUNCTION SALARY SCHEDULE RANGE STEP STEP STEP STEP STEP STEP STEP STEP STEP STEP STEP NO. A B C D E F G H I J K 1 660 693 727 763 801 841 883 927 974 1023 1074 2 676 710 745 782 821 862 905 950 998 1048 1100 3 693 727 763 801 841 883 927 974 1023 1074 1127 4 710 745 782 821 862 905 950 998 1048 1100 1155 5 727 763 801 841 883 927 974 1023 1074 1127 1184 6 745 782 821 862 905 950 998 1048 1100 1155 1213 7 763 801 841 883 927 974 1023 1074 1127 1184 1243 8 782 821 862 905 950 998 1048 1100 1155 1213 1274 9 801 841 883 927 974 1023 1074 1127 1184 1243 1306 10 821 862 905 950 998 1048 1100 1155 1213 1274 1338 11 841 883 927 974 1023 1074 1127 1184 1243 1306 1371 12 862 905 950 998 1048 1100 1155 1213 1274 1338 1405 13 883 927 974 1023 1074 1127 1184 1243 1306 1371 1440 14 905 950 998 1048 1100 1155 1213 1274 1338 1405 1475 15 927 974 1023 1074 1127 1184 1243 1306 1371 1440 1512 16 950 998 1048 1100 1155 1213 1274 1338 1405 1475 1549 17 974 1023 1074 1127 1184 1243 1306 1371 1440 1512 1587 18 998 1048 1100 1155 1213 1274 1338 1405 1475 1549 1626 19 1023 1074 1127 1184 1243 1306 1371 1440 1512 1587 1666 20 1048 1100 1155 1213 1274 1338 1405 1475 1549 1626 1707 21 1074 1127 1184 1243 1306 1371 1440 1512 1587 1666 1750 22 1100 1155 1213 1274 1338 1405 1475 1549 1626 1707 1792 23 1127 1184 1243 1306 1371 1440 1512 1587 1666 1750 1838 24 1155 1213 1274 1338 1405 1475 1549 1626 1707 1792 1882 25 1184 1243 1306 1371 1440 1512 1587 1666 1750 1838 1930 ) ) ) SALARY SCHEDULE - Page 2 RANGE STEP STEP STEP STEP STEP STEP STEP STEP STEP STEP STEP NO. A B C D E F G H I J K 26 1213 1274 1338 1405 1475 1549 1626 1707 1792 1882 1976 27 1243 1306 1371 1440 1512 1587 1666 1750 1838 1930 2026 28 1274 1338 1405 1475 1549 1626 1707 1792 1882 1976 2075 29 1306 1371 1440 1512 1587 1666 1750 1838 1930 2026 2127 30 1338 1405 1475 1549 1626 1707 1792 1882 1976 2075 2179 31 1371 1440 1512 1587 1666 1750 1838 1930 2026 2127 2233 32 1405 1475 1549 1626 1707 1792 1882 1976 2075 2179 2288 33 1440 1512 1587 1666 1750 1838 1930 2026 2127 2233 2345 34 1475 1549 1626 1707 1792 1882 1976 2075 2179 2288 2402 35 1512 1587 1666 1750 1838 1930 2026 2127 2233 2345 2462 36 1549 1626 1707 1792 1882 1976 2075 2179 2288 2402 2522 37 1587 1666 1750 1838 1930 2026 2127 2233 2345 2462 2585 38 1626 1707 1792 1882 1976 2075 2179 2288 2402 2522 2648 39 1666 1750 1838 1930 2026 2127 2233 2345 2462 2585 2714 40 1707 1792 1882 1976 2075 2179 2288 2402 2522 2648 2780 41 1750 1838 1930 2026 2127 2233 2345 2462 2585 2714 2850 42 1792 1882 1976 2075 2179 2288 2402 2522 2648 2780 2919 43 1838 1930 2026 2127 2233 2345 2462 2585 2714 2850 2993 44 1882 1976 2075 2179 2288 2402 2522 2648 2780 2919 3065 45 1930 2026 2127 2233 2345 2462 2585 2714 2850 2993 3143 46 1976 2075 2179 2288 2402 2522 2648 2780 2919 3065 3218 47 2026 2127 2233 2345 2462 2585 2714 2850 2993 3143 3300 48 2075 2179 2288 2402 2522 2648 2780 2919 3065 3218 3379 49 2127 2233 2345 2462 2585 2714 2850 2993 3143 3300 3465 50 2179 2288 2402 2522 2648 2780 2919 3065 3218 3379 3548 51 2233 2345 2462 2585 2714 2850 2993 3143 3300 3465 3638 52 2288 2402 2522 2648 2780 2919 3065 3218 3379 3548 3725 53 2345 2462 2585 2714 2850 2993 3143 3300 3465 3638 3820 54 2402 2522 2648 2780 2919 3065 3218 3379 3548 3725 3911 55 2462 2585 2714 2850 2993 3143 3300 3465 3638 3820 4011 POSITION CLASSIFICATION RANGE STEP CITY MANAGER 55 A EXECUTIVE SECRETARY 22 A DEPARTMENT OF PUBLIC SAFETY DIRECTOR 54 A SECRETARY TO THE DIRECTOR 11 A CLERK TYPIST 3 A PATROLMAN 25 A CORPORAL 29 A DETECTIVE SERGEANT 35 A LIEUTENANT 38 A CAPTAIN 41 A CHIEF OF POLICE 50 A Adak FIRE CHIEF 50 A DEPARTMENT OF PUBLIC WORKS DIRECTOR 54 A SECRETARY TO THE DIRECTOR 11 A MAINTENANCE MAN I 14 A MAINTENANCE MAN II 18 A MAINTENANCE MAN III 26 A PUBLIC WORKS SUPERINTENDENT 35 A BUILDING OFFICIAL/ZONING ADMINISTRATOR 39 A ADMINISTRATIVE SECRETARY 6 A DEPARTMENT OF PLANNING DIRECTOR 54 A emN SECRETARY TO THE DIRECTOR 11 A PLANNING ASSISTANT 35 A CLERK TYPIST 3 A CITY CLERK OFFICE CITY CLERK 43 A SECRETARY TO THE CITY CLERK 11 A BOOKKEEPER/LICENSE CLERK 11 A DEPARTMENT OF ADMINISTRATIVE SERVICES DIRECTOR 43 A ADMINISTRATIVE SECRETARY 6 A PERSONNEL OFFICER 22 A RECORDS MANAGER 22 A BUDGET & PLANNING OFFICER 22 A oak RECEPTIONIST/CASHIER 3 A (This position presently CETA) CLERK TYPIST 3 A NON-DEPARTMENTAL SECRETARY TO MAYOR AND COUNCIL 11 A DEPUTY MAGISTRATE/COURT CLERK 11 A ASSISTANT COURT CLERK 6 A p ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: l7 SECONDED BY : YES ABSTA I N COUNCILMAN HILL COUNCILMAN DAMIANO COUNCILMAN SHANKS COUNCILMAN BURGESS I= COUNCILMAN EIDSON VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM No, 5 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE SALARY SCHEDULE AND POSITION CLASSIFICATIONS BE AND HEREBY IS ADOPTED, EFFECTIVE JANUARY 1, 1980 , IN COMPLIANCE WITH PERSONNEL RULES AND REGULATIONS , PQA,CHE Gy 11 O U {If , y z gR/ZoNP cOity I4pache 02unctzon December 26, 1979 MEMORANDUM TO: The Honorable Mayor and City Council THRU: City Manager FROM: Director of Public Safety SUBJECT: Prostitution Law This amendment to the prostitution law gives more strength to the present prostitution law and defines the law in more detail than what is presently enforced at this time. I recommend your approval of this amendment to the prostitution law. Respectfully, • 5�; •W. E. McDaniel Director of Public Safety WEMc/ss P_IM - '0 a7/79 _ ;�\ice// f:��'Vi ..� �.i: 'r ..%i'/I� cw��/'__ -_""_ •� 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982-6154 ORDINANCE NO. E2) AN ORDINANCE OF THE COMMON CO OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING CHAPTER 10, APACHE JUNCTION CITY CODE, BY AMENDING SECTION 10-1-17, PERTAINING TO _ PROSTITUTION, HOUSES OF PROSTITUTION, AND RELATED OFFENSES AND PROVIDING FOR PENALTIES AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: SECTION I. That Section 10-1717 of Chapter 10, Apache Junction City Code be and the same is hereby amended as follows. SECTION 10-1-17 PROSTITUTION AND RELATED OFFENSES A. Definitions 1. "Prostitution" means the act of performing sexual activity for hire by a male or female person. 2. "Sexual Activity: means vaginal or anal intercourse, fellatio, cunnulingus, analingus, masturbation, sodomy or beastiality. Ask B. It is unlawful to offer, agree, attempt to commit, or commit an act of prostitution; C. It is unlawful to solicit or hire another person to commit an act of prostitution; D. It is unlawful to manifest an intent by word, sign or action to commit an act of prostitution; E. It is unlawful for the owner or person having charge or control of any house, building, apartment, room or premises to rent or lease any such house, building, apartment, room or premises to any person to be used as a place of prostitution or to knowlingly permit any such house, building, paartment, room or premises to be used for prostitution or for immoral purposes or practices. The owner or person having charge or control of any house, building, apartment, room or premises shall be and is hereby authorized to summarily remove and eject from such house, building, apartment, room or premises any tenant, subtenant, lessee, or sub- lessee or any person who shall commit any act of prostitution or immoral act or practice or who shall knowingly suffer or permit to be committed any act of prostitution or any immoral act or practice in or about such house, building, apartment, room or premises. F. It is unlawful for any person to use any house, building, apartment, room or premises for prostitution or for any immoral purposes or practices. G. It is unlawful for any person to frequent, loiter in or continue in any house, building, apartment, room or premises used for purposes of prostitution or for any immoral purposes or practices. H. It is unlawful to aid or abet the commission of any of the acts prohibited by this section. I. Penalties .�• Any person found guilty of violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed $300.00 or imprisonment for a period of not to exceed three (3) months, or by both such fine and imprisonment. Each day that a violation con- tinues shall be a separate offense punishable as herein- above described. SECTION II All Ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference, are hereby repealed. SECTION III. If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS DAY OF , 19 Mayor ATTEST: City Clerk APPROVED AS TO FORM: S .1„:54N 0_ -3- ROLL CALL VOTE SHEET NOTES 34) 4,4 %h.) //,0.? ITEM # MEETING OF MOTION BY: SECONDED BY: YES U0 ABSTAIN COUNCILMAN EIDSON COUNCILMAN SHANKS COUNCILMAN HILL COUNCILMAN BURGESS COUNCILMAN DAMIANO VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY : YES NQ ABSTAIN COUNCILMAN HILL COUNCILMAN DAMIANO COUNCILMAN SHANKS COUNCILMAN BURGESS COUNCILMAN EIDSON VICE-MAYOR GRANILLO MAYOR SEEMAN ( - UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 6 CALL UPON THE CITNLERK TO READ THE TITLE OF ORDINANCE NO. 2* FOR THE FPS I TREADING, k PQACHE✓G U { rt -. z . "' 4#1ZONP ity oe. c pache 09unction November 29, 1979 MEMO TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Business License Forwarded for your review and subsequent adoption is the first draft copy of the proposed Business License Ordinance. Adoption of this particular Ordinance will provide the staff with a tool to register all businesses within the corporate limits and thereby insure an equitable approach to sales tax declaration and zoning administration. In light of citizen interest as expressed by the Chamber of Commerce President, Mrs. Earlene Andrews, at the City Council meeting of November 21, 1979, Council is encouraged to review this document and offer any changes or corrections prior to 1 January 1980. If you have any questions, please contact me or Marlis. -"G. RAY LEE CITY MANAGER GRL:gk Enclosure ITEM Pio- __ / APPROVED ON /L/2 7lw../..,. - - --- r . • ",' ZING FOR A(G2NDA OF _%!L,-erd /RE:FORTS CITY MANAGER 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE(602)982.6154 ORDINANCE NO. 18 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA PROVIDING FOR \ LICENSING OF ANY PERSON, FIRM, CORPORATION OR ASSOCIATION FOR CARRYING ON ANY TRADE, BUSINESS, GAME OR AMUSEMENT, CALLING, PROFESSION OR OC- CUPATION AND FIXING THE AMOUNT OF LICENSE TAXES PROVIDING FOR PAYMENT OF PUBLIC UTILITY TAXES; AMENDING CHAPTER 8 AND ADDING ARTICLE 8- , PROVIDING FOR PENALTY C USE AND SEVERABILITY CLAUSE; ND DECLARING AN EMERGENCY BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That Chapter 8 of the Apache Junction City Code be amended to read as follows: Article 8-S BUSINESS OCCUPATIONAL LICENSE TAX Section 8-5-1 Definitions As Used in This Ordinance Accountant means any person acting as a certified public accountant or bookkeeper, or performing bookeeping services, and include persons per- forming income tax services or holding themselves out as income tax experts. Carnival Company means a collection of shows, exhibitions, feats of strength, merchandise booths, games of skill, fortunetelling, games of chance, wheels of fortune or any other amusement device presented or offered upon the streets or vacant property within the City, other than circuses, animal shows or side shows with circuses. Fuel Dealer means any person of any kind who shall sell or offer for sale fuel that has been bought with the intention of reselling to industries, institutions, firms or individuals. Any person of any kind who shall purchase fuel in carload lots and resell or distribute it to employees, friends, rela- tives or others shall be construed to be a fuel dealer. Contractor - A person who, for either a fixed sum, price, fee, per- centage, bonus or other compensation other than actual wages, undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaf- folding or other structures or works in connection therewith. The term "con- tractor" includes subcontractors, specialty contractors, developers and specula- tive builders. Laundries includes places where washing or ironing, or both, are done as a business either by means of steam, machinery or other notice power. Finance and loan companies and loan brokers means industrial loan companies and other persons, companies or corporations loaning money or wages, salaries, personal property, endorsements or personal security at a legal rate of interest, where such loan is to be repaid in installments. - 1 - Stock and bond dealer means every person conducting, managing or carrying on the business of buying, selling or otherwise dealing in stocks and bonds, whether acting in person or representing others in the purchase, sale, negotiation or exchange of any stocks or bonds, whether upon commission, percentage or salary. Street ballyhoos or advertising means advertising by means of any vehicle containing amplifiers, phonographs, loudspeaker, music rolls, microphones, broadcasting, radio, public address system or music of any description, operating upon the public streets or public grounds of the City. Street faker includes person engaged in selling from stands or vehicles on the streets, alleys, doorways or any grounds in the City any kind of articles whatsoever, or conducting entertainment, ring or knife games and the like. Taxicab includes motor vehicles engaged in carrying passengers for hire over and upon the public streets of the City, except for such vehicles as the City may not lawfully license or regulate. Travel or tourist bureau or agent means a person who for compensa- tion, sells or offers for sale or negotiates for or holds himself out as one who sells, provides or furnishes transportation as principal or agent. Swap Meet means a place of commercial activity, popularly known as a swap meet, flea market, park-and-swap, which is: Open to the general public for the purchase of merchandise on the premises; Available to the general public who wish to sell merchandise on the premises, whether such sellers are vendors are in the business of vending or are making casual sales or some combination thereof; Composed of stalls, stands or spaces allotted to vendors, at least one of who does not occupy the same allotted space or spaces on an uninterrupted continuous daily basis. SECTION 8-5-2 License Required It shall be unlawful for any person, partnership, association, company, or corporation to commence, transact or carry on any trade, business, game or amusement, calling profession or occupation, as set out in the Ordinance, without first having procured a license from the City to do so, or without complying with any and all regulations or such trade, business, game or amusement, calling, profession or occupation designated in this Ordinance. The practicing, transaction or marrying of any trade, l,usJness, game or amusement, calling, profession or occupation specified in this Ordinance without complying with any and all regulations of such trades, businesses, games or amusements, callings, professions or occupations, contained in this Ordinance shall constitue a separate violation of this - 2 - Ordinance for each and every day that such trade, business, game or amusement, calling, profession or occupation is practiced, transacted or carried on. The granting of a license is not deemed as evidence or proof that the License has complied with the provisions of this Ordinance or other provisions of the Apache Junction City Code, nor shall it estop the prosecution by the City for any violation of Apache Junction City Code. Section 8-5-3 Issuance of License by City Clerk; Contents It shall be the duty of the City Clerk, or deputy, to prepare and issue a license under this Ordinance for every person required to pay a license tax hereunder, and to state in each license the amount thereof, the period of time covered thereby, the name of the person for whom issued, the trade, business, game or amusement, calling, profession or occupation licensed, and the location and place of business where such trade, business, game or amusement, calling, profession or occupation is to be practiced, transacted or carried on. It shall be the duty of the City Clerk, or deputy, before issuing a license under this Ordinance to require from every applicant a sworn application, on a form to be furnished by the City Clerk, which :shall give the following information: business trade name, location of business, business mailing address, business owner, home street address, home telephone number, business telephone number, exact nature of business, number of employees, date business began in Apache Junction, signature of i applicant certifying his statements are true and correct and title of applicant. If the business is to be located within the City limits of Apache Junction, a Zoning Compliance Certificate must be obtained from the Zoning Administrator of the City of Apache Junction before a license can be issued. Upon verification by the Zoning Administrator that the business is in the approved zone, the City Clerk may issue a license to the applicant before the formal Zoning Compliance Certificate is approved by the Zoning Administrator and Fire Inspector, and that the determination from the Zoning Administrator and Fire Inspector concerning the Zoning Compliance Certificate be forthcoming in a period not to exceed five business days. Section 8-5-4 Schedule The license tax set out in the following schedule is hereby established for trade businesses, games or amusements, callings, professions, or occupations listed therein and shall be paid by all persons who shall Ask practice, transact, carry on or engage in such trades, businesses, games or amusements, callings, profession or occupation. Unless otherwise designated, the license tax ;et out herein ;hall be collected quarterly luring the months of January, \pril, July and October unless arrangements for annual payment are male throu=h the City Clerk's office. The schedule shall be as follows. - 3 - Accountants (including bookkeepers) $ 15.00 Advertising Agency 15.00 Advertising solicitor, other than 15.00 OIN newspaper advertising Agents not otherwise taxed, each 15.00 Air transportation bureau or travelers 15.00 aid bureau Alcoholic beverages: dealers in: Distiller's license 75.00 Brewer's license 75.00 Winer's license 75.00 Hotel-motel license to sell all spirituous 150.00 liquors (by individual portions and in the original containers) Hotel-motel license to sell beer and wine 50.00 (by individual portions and in the original Pk containers) Hotel-motel license to sell beer (by 37.50 individual portions and in the original containers) 1 On-sale retailer's license to sell all 100.00 spirituous liquors by individual portions 1 and in the original containers On-sale retailer's license to sell beer and 50.00 wine by individual portions and in the original containers On-sale retailer's license to sell beer by 37.50 individual portions and in the original containers Off-sale license to sell all spirituous 37.50 liquors Off-sale retailer's license to sell beer and wine 37.50 Off-sale retailer's license to sell beer 25.00 Club license to sell all spirituous liquors 25.00 Hotel-motel retailer's license to sell all 150.00 spirituous liquors Restaurant-retailer's license to sell 150.00 all spirituous liquors Architects and Engineers 15.00 Assayers 15.00 Attorney-at-law, each individual, except 15.00 attorney retained, elected or employed in or to full-time positions with or by the State of Arizona, Pinal County, or any municipality or subdivision of the state or county govern- ment, or the United States government or any agency thereof, who does not engage it. the practice of law in any other manner or for any other client. . . . Auctioneers 15.00 Automobile Washing 15.00 Auto Wrecking 15.00 B Banks - See financial institutions Barbershops and Beauty Parlors: 15.00 Bath, public Includes electric steam, dry heat, Turkish, Swedish, Russian, massage parlors, bathhouses, therapy centers, electric, magnetic or sun treatment or alcohol rubs or any other bath with treatments or with sleeping accommodations (must comply with local ordinances) . a) The application for a massage establishment 500.00 license (one time charge at time of application) . b) The application for attendant (one time 50.00 charge at time of application) c) Fee, quarterly 100.00 d) Each attendant, quarterly 25.00 Beauty operators or hair-dressers with no fixed place of business 15.00 Blacksmith, welding and repair 15.00 Brokers 15.00 Burglar Alarms, installing and servicing 15.00 ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY : yFs Nn ABSTAIN COUNCILMAN BURGESS COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: C Cabinetmaker, woodworker, carpentar shop 15.00 Carpet installation 15.00 Catering 15.00 — Chiropractors 13.00 Circuses/Carnivals - per day 200.00 (must have approval of Director of Public Safety, require certificate of insurance as additionally insured City of 'Apache Junction officials, elected officials, employees and citizens) No carnival or circus may avoid payment of license fees if advertising as being present under the auspices of local organizations or societies without having met the requirements. Any waiver of license fees granted pursuant to this Ordinance, , shall not . be construed to include exemption from a certi- ficate of insurance and any other requirements deemed necessary to protect the health, safety and general welfare of the public. City delivery 15.00 Businesses making deliveries from outside city unless otherwise mentioned. Cleaners See Dry Cleaners Collection agency 15.00 Contractors (must comply with A.R.S. 15.00 regarding licensing of contractors) Court and convention reporter each individual 15.00 except court reporters retained or employed in or appointed to positions, either full or part time, with the State of Arizona, Pinal County, or any municipality or subdivision of the state or county govern-lent, of the United States government or any agency thereof, who does not engage in the practice of court or convention reporting in any other manner or for any other client. . . . D o'` Dealer, not otherwise mentioned 15.00 Deiiver:as See City Deliveries Designer L1lustrator 15.00 Detective, patrol or guard service agency 15.00 - 6 - Doctors of medicine, see Medical Professionals - Dry Cleaners, cleaning, pressing and dyeing 15.00 Substations or separate establishments, for the purpose of picking up or delivering the finished product, each separate establishment or substation not in connection with other licensed business 15.00 E Electroplating 15.00 Employment agency 15.00 Engravers, photo or others 15.00 F Financial institutions (to include banks) 15.00 Fortunetellers and Palmists 300.00 Garages, repair 15.00 Gasoline, oil, petroleum products 15.00 (wholesale) Geologists 15.00 Guard service agencies. See: Detective, Patrol or Guard Service Agency Gunsmith, Locksmith, Keyshop, Knife arid 15.00 Scissors sharaenLt , 3 .3w filing H Hospitals, Rest Homes, Clinics and 5anitoriums 15.00 House number painting 15.00 — I Interior decorator, each Individual L5.00 J Junk dealer (upon compliance with Article 8-2) 15.00 - 7 - K Keyshop. See Gunsmith Knife and scissor sharpening See Gunsmith —: L Laboratory, not connected with doctor's office 15.00 Lapidary 15.00 Laundries, self-service or professional 15.00 Livery stable 15.00 Loan brokers. see Financial Institutions Locksmith. See Gunsmith X Machine and repair shop, other than those 15.00 listed Manufacturing, Manufacturers 15.00 `Jarria.ge i-id 15.00 Medical Professionals- each Licensed 15.00 professional Morticians, U-idertakers, Embalmers or Crematory 15.00 N `'aturopaths 15.00 Oil, wholesale. See Gasoline, 0i1, Petroleum Products, :wholesale. p Paint shop 15.00 Amw ?a1rnista. See Fort,lna eLi_rs ?ithologists. See '•tadLcal 7rof._'sn-onals. — 8 — Patrol agencies. See Detective, Patrol or Guard Service Xgency. Pawnbrokers (upon compliance with Article 3-2) 15.00 Peddlers (upon co-pLLance with Article 8-1) 15 .00 Petroleum products, wholesale See Gasoline, Oil, Petroleum Products, Wholesale. Photographer 15.00 Physical culture studio 15.00 Physical Therapist, each individual 15.00 (State and Local license required) Piano tuning 15.00 Podiatrist 15.00 R Race Track Enterprises 15.00 Real Estate, rentals and loan brokers or /g% loan agents (71ortgages) 15.00 Reducing systems 15.00 ReflexoLo,gist 15.00 Repairs 15.00 Rug cleaning,(not in connection with laundrf) 15.00 S 5ChC013. Private and JOCat1Cn31 13.00 Services 15 .00 Sheet metal shop 15.00 Social introduction, escort and dating 300.00 service (must be approved by Director of Public Safety) 'oLLCLtOrs, Inms,2t3, __'ronstratOrs and ;ale>'en, ;(.n (_p,,n _ 'p11a^ce d.th 15.00 Article 3-1) (3ond required if taking coney in advance for future delivery) Stable. See Livery Stable Surgeons. See Medical Professionals Swap meet proprietor APPLICATION. A proprietbT license may be issued by the City upon the prior approval of the application by the City Clerk of the proprietor on forms supplied by the City for such a proprietor license and upon the prior payment by the proprietor to the City of a one-time non-refundable fifty dollar application fee. Quarterly fee 200.00 T Taxicabs 15.00 Taxidermist 15.00 Transient merchant (upon compliance with Article 8-2) 15.00 Tree Surgery 15.00 U Undertakers. See Morticians Upholstering, auto and furniture 15.00 V W Warehouse or freight terminal 15.00 Weight Control Establishments. See Reducing Systems Section 8-5-5 Compliance with Ordinance No greater or less amount of license tax shall be charged or received for any license issued hereunder than is provided for in this Ordinance, and no license shall be issued for any period of time other than as provided in this Ordinance. Section 8-5-6 Exemptions No license levied by the City upon the practice, transaction or carrying on of any trade, business, game or amusement, calling, profession or occupation licensed by the City shall be presumed to apply to any part ... of such practice, transaction or carrying on of any trade, business, game or amusement, calling, profession or occupation which is a part of interstate commerce; or in which such practice, transaction or carrying on of any trade, business, game or amusement, calling, profession or occupation is conducted as an agency or department of the United State Government for which such government has failed to make provisions allowing states and municpalities to so tax. Section 8-5-7 Exemptions for Religious, Social and Non- Profit Organizations ma. Any religious, social or Fraternal and non-profit organization shall be required to execute and file an Exemption Certificate with the City Clerk for a waiver of all requirements of this Ordinance. Section 8-5-8 Mistake not to Prevent Collection of Correct Amount In no case shall any mistake made by the City Clerk, or deputy, in stating, fixing, or collecting the amount of any license tax prevent, prejudice or estop the City from collecting the correct amount due as provided by this Ordinance. Section 8-5-9 When Taxes Delinquent; Penalty When any license tax provided for herein shall become due' and unpaid for twenty (20) days, the same shall become delinquent, and the City Clerk shall, on that day, add thereto an amount equal to ten percent of the total amount of any tax unpaid and delinquent as a penalty, and no license shall be issued by said "_`' City Clerk until the license taxes that are delinquent and the penalties added thereto have been paid in full. Section 8-5-10 Civil Court Action In any action brought under or arising out of any of the provisions of this Ordinance the fact that the defendant, himself, herself, or itself, or any agents or employees, is engaged in any trade, business, game or amusement, calling, profession or occupation for the transaction of business for which a license is required by this Ordinance or that such party exhibited a sign indicating such trade, business, game or amusement, calling, profession or occupation shall be prima facie evidence of the liability of such party to pay a license tax. Section 8-5-11 Separate Licenses Required for Separate Places of Business A separate license must be obtained for each branch establishment or separate place of business in which any trade, business, game or amusement, calling, profession or occupation is practiced, transacted or carried on, and practiced, transacted or carried on at the same place, and each license issued shall authorize the per,on )htiin1'"g it to practice, transact, carry on pursue or conluot JoLy that- trade, business, ga:'e ir amusement, calling, procession or occupation described in such license, and only at the location or place of business therein described. -11- • Section 8-5-12 License to be Displayed: Exhibition upon Demand Every person having a license under the provisions of this Ordinance _and carrying on a trade, business, game or amusement, calling, profession or occupation at a fixed place of business shall keep such license openly posted and exhibited while in force, in some conspicuous part of such place of business . Every person having such a license and not having a fixed place of business shall carry such license with him at all times while carrying on the trade, business, game or amusement, calling, profession or occupation for which the license was granted. Every person having a license under the provisions of this Ordinance shall produce and exhibit such license whenever requested to do so by any police officer or license inspector. Section 8-5-13 Notice of Termination of Business Required Every licensee shall notify the City Clerk, in writing, of the termination of his trade, business, game or amusement, calling, profession or occupation either before the termination date or within ten days thereafter. Section 8-5-14 When Certificate or Permit from Health Department Required Where any trade, business, game or amusement, calling, profession or occupation as set out in this Ordinance is subjected to a r► Certificate of Health or sanitary examination, before any license is issued, the applicant must produce such Certificate or Permit from the County Health Department, as provided for in ARS 36-136. Section 8-5-15 Appointment of License Inspectors; General Duties The City Clerk may appoint license inspectors, and it shall be the duty of the license inspector to inspect all places of trade, business, game or amusement, calling, profession or occupation subject to the provision of this Ordinance, and report all violations to the City Clerk. Section 3-5-16 Right of Entry of City Clerk, License Inspectors, Police, lrrest Authority The City Clerk or License inspectors or police officers shall have and exercise the power to enter free of charge, during normal business hours, any place of trade, business, game or amusement, calling, profession or occupation for which a license is required by this Ordinance, and to demand the exhibition of his license for the current term from any person engaged or employed in the transaction of such trade, business, game or amusement, calling, profession or occupation. Denial of right of entry by the Licensee .or his agents or employees shall be a misdemeanor. Section 8-5-17 City Clerk to File Complaints It shall be the duty of the City Clerk or City Attorney to cause LompLaints to be filed against all persons violating any of the provisions of this Ordinance. - 12 - Section 8-5-18 tr.LnsrerabLlity, \ssignabilLty All licenses issued hereunder are nontransferable and non- assignable; however, the City Clerk may, upon receipt of a transfer Eee of one dollar, authorize the transfer or assign- / ‘ ment of any license to any other person by written endorsement thereon, when it appears to his satisfaction that the original applicant for such license has sold or otherwise disposed of his interest in the trade, business, game or amusement, calling, profession or occupation for which such license was issued and that the transferee or assignee thereof has complied with all other provisions of this Ordinance. Section 8-5-19 Applicability to Businesses, Occupations Located Outside City Every person who shall conduct an established trade, business, game or amusement, calling, profession or occupation and who solicits or canvasses within the City, and delivers his products, or performs a service within the City shall pay a license tax. Section 8-5-20 Conviction, Punishment for Failing to Have A License not to Excuse Nonpayment of Tax The conviction and punishment of any person for transacting any trade, business, game or amusement, calling, profession or occupation without a license shall not excuse or exempt such person from the pa;.-,ent if any License tax due or unpaid at the time of such conviction Section 8-5-21 Revocation Licenses issued under the provisions of this Ordinance may be revoked by the City Clerk after notice and hearing, for any of the following causes: A. Fraud, misrepresentation or false statement contained in the application for License. B. \ny fiolation of this Ordinance. C. L ndu_tLng a trade, bisiless, game or a'^userrent 3L11�;, profession Jr ,ccupation in JLolatlon of the Arizona Revised Statutes. Section 3-5-22 Notice of Hearing and Nppeal Notice of the hearing for revocation of license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, ONN postage prepaid, :ertified mail to the licensee at the address -,hewn on i�?11citL �n for License it Least ten ( 10) days prior to the date set for -searing. Any person .aggrieved by the denial of anlapplication for License as provided herein or the decisions with reference to the revocation of a license shall have the right of appeal to the Council. Such appeal shall be taken by filing with the Council, within fourteen ( 14) days after notice of the action complained of had been mailed - 13 - to such person's address shown on application for license, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the' same manner as provided for notice of hearing on revo- cation. The decision and order of the Council in such appeal shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings. SECTION 8-5-23 Public Utilities Tax Utility and/or public service companies, who do not have a franchise agreement with the City of Apache Junction, engaged in furnishing water for irrigation, fire protection or other public or private purposes, or in transmitting messages or furnishing public tele- graph or telephone service, shall pay, in addition to the quarter- ly business tax, a sum equal to two percent (2%) of the gross receipts of said utility or public service company from sales for residential and/or commercial purposes within the corporate limits of the City of Apache Junction. Such payments to be due and payable quarterly. Tax shall not apply to gross sales or gross income from sales to the United States Government, its departments or agencies which shall not be considered in the computation of tax. SECTION 8-5-23 Penalty Any person, firm company or corporation violating any of the pro- visions of this ordinance, shall be deemed guilty of a misdemeanor �► and, if no other punishment is provided herein, shall upon con- viction, be punished by a fine of not exceeding three hundred dollars ($300.00) or by imprisonment not exceeding nienty (90) days in the City or County jail or both such fine and imprisonment. When a act of omission to act is declared by this Ordinace to be unlawful and no penalty for the offense is prescribed by this Ordin- ance, the act or omission to act is punishable as a misdemeanor by a fine of not exceeding three (3) months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. SECTION II REPEALER All ordinances and parts of ordinances in conflict with the pro- visions of this ordinance or any part of the code adopted herein by reference, are hereby repealed. SECTION III SEVERABILITY It is hereby declared to be the intention of the City Council that i the sections, paragraphs, sentences, clauses and phrases of this Ordinance shall be severable, and if any provision of this Ordinance is held uncontitutional for any reason by a court of competent jurisdiction, such unconstitutionality _ hall not affect any of the remaining provisions of the Ordinance. - 14 - SECTION IV• EMERGENCY WHEREAS, IT IS NECESSARY FOR THE PRESERVATION OF THE PEACE, HEALTH 1ND SAFETY OF [[[E CITY OF APACHE TuNCTION, ARIZONA, AN EMERGENCY [S DECLARED [O E\IST, AND THIS ORD[NANCE SHALL BECOME I?PMEDIATELY OPERATIVE AND [N FORCE FROM AND \FTER [HE DATE OF POSTING HEREOF. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS DAY OF PASSED AND ADOPTED BY 3/4 OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 19 MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY5ST ATTO RNEY( � � r� C , - 15 - CITY OF APACHE JUNCTION REQUEST TO SPEAK NAME: '�"1 r�:�L� DATE: / — 2 8-0 ADDRESS: /C' 7 J -S S G ta-1,7) / JQ-Q c AGENDA ITEM: SC. � 1'�►e ��C/�Sv v ROLL CALL VOTE SHEET NOTES jho,;( u ,hh) 4144 ,4jritioiz 544AA 4J-40.e.A) ITEM # MEETING OF MOTION BY: p SECONDED BY : YFs NO 4 ABSTAIN COUNCILMAN BURGESS COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL wjp9, COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ,t ti ROLL CALL- VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY: /q YFS ND ABSIAIN COUNCILMAN BURGESS COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ITEM NO, 7 BE IT PESOLVED BY THE STEP MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA 1 THAT THE READING OF ORDINANCE NUMBER 18 BE PEAD BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED, NUE: CALL UPON THE CITY CLERK TO READ ORDINANCE NO, 18 STEP BY TITLE ONLY, BE IT RESOLVED BY THE STEP MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT 3 ORDINANCE NUMBER 18, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, PROVIDING FOR A LICENSING OF ANY PERSON, FIRM, CORPORATION OR ASSOCIATION FOR CARRYING ON ANY TRADE, BUSINESS, GAME, OR AMUSEMENT, CALLING PROFESSION OR OCCUPATION AND FIXING THE AMOUNT OF LICENSE TAXES; PROVIDINI FOR PAYMENT OF PUBLIC UTILITY TAXES; AMENDING CHAPTER 8 AND ADDING ARTICLE 8-5; PROVIDING FOR PENALTY CLAUSE AND SEVERABILIIY CLAUSE, BE AND HEREBY IS APPPOVD (MOTION WITHOUT EMERGENCY CLAUSE) ITEM NO, 7 BE IT PESOLVED BY THE STEP MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING OF ORDINANCE NUMBER 18 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED, NOTE.: CALL UPON THE CITY CLERK TO READ ORDINANCE NO, 18 STEP 2 BY TITLE ONLY. BE IT RESOLVED BY THE STEP MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT 3 ORDINANCE NUMBER 18, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, PROVIDING FOR A LICENSING OF ANY PERSON, FIRM, CORPORATION OR ASSOCIATION FOR CARRYING ON ANY TRADE, BUSINESS, GAME, OR AMUSEMENT, CALLING PROFESSION OR OCCUPATION AND FIXI '!G THE AMOUNT OF LICENSE TAXES; PROVIDING FOR PAYMENT OF PUBLIC UTILITY TAXES; AMENDING CHAPTER 8 AND ADDING ARTICLE 8-5; PROVIDING FOR PENALTY CLAUSE AND SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY BE AND HEREBY IS APPROVED. (MOTION WITH EMERGENCY CLAUSE) ROLL CALL VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: SECONDED BY : '*/ YFS NO ABSTAIN COUNCILMAN H ILL COUNCILMAN DAMIANO COUNCILMAN SHANKS COUNCILMAN BURCESS COUNCILMAN EIDSON // VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: r.. ITEM NO, 8 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT AN EXECUTIVE SESSION REGARDING PERSONNEL BE HELD ON THE 16TH DAY OF JANUARY, 1980, 6 :00 P. M. (RirACHE- „k '4R/ZONP `Ooity 04pache cOunction December 18, 1979 MEMORANDUM TO: The Honorable Mayor and Members of the City Council THRU: Ray Lee, City Manager FROM: Joe Gero, Director of Planning •<::)1}1jaAd°7 (Executive Secretary, Board of Adjustment) SUBJECT: Recent Board of Adjustment Minutes FOR YOUR INFORMATION Enclosed you will find copies of approved "MINUTES" from recent meetings of the Board of Adjustment. Any questions should be directed to the Executive Secretary. JWG:an 150 NORTH OCOTILLO • POST OFFICE BOX K,APACHE JUNCTION,ARIZONA 85220 • TELEPHONE (602)982-6154 MINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION CITY HALL NOVEMBER 5, 1979 6:00 p.m. In Attendance Regrets Joe Jessamine, Chairman Bill Furness Don Nesser Pete Nunn Bill Vaughn Joe Gero, Executive Secretary Guests Ron Petica, Attorney P.L. Nichols 1. Mr. Jessamine (Chairman) opened the meeting at 6:00 p.m. and requested the roll-call of members. 2. Mr. Gero (Exec. Sec.) called the roll and determined four members present as listed above. ,or 3. Chairman declared a quorum present. He called for a motion on "Minutes" dated October 1, 1979. 4. Nesser/Vaughn M/S to approve "Minutes" dated October 1, 1979. The motion passed unanimously by roll-call vote. S. Chairman stated that this is the time and place for public hearings advertised for this date. He announced that this is the public hearing far BA-2-79, application of Mr. Nelson Williams to continue a pre-existing non- conforming use. The case was advertised on September 14, 1979 and the public hearing was continued from October 1, 1979. He then called upon the Executive Secretary to brief the Commission and public present on the case. 6. Mr. Gero oriented the case on a map sketch for all present. The request was initiated in that pre-existing non-conforming uses must register with the City as per Section 2306 of the Zoning Ordinance. Mr. Williams is and has been operating an automobile wrecking yard on his property prior to the adoption by the City of Apache Junction of a Zoning Ordinance. Page 2 We are not sure of the status of Mr. Williams with reference to Pinal County Zoning. However, his attempts to gain approval were obvious and no actions were taken to the contrary for the use. Whether the case was pre-existing to county zoning is undetermined but appears approved by silent ratification by the county, if ratification was in fact needed. The question before the Board by Section 2306 are: 1. Is this in fact a pre-existing non-conforming use? 2. What reasonable conditions can be imposed upon the continuation of the use to lessen the impact of the use upon the affected area? 7. Mr. Ron Petica, Attorney announced to the Board that he is here (representing Mr. representing Mr. Williams (applicant) . Williams) He stated: "I'd like to present to the Board first an insurance bond showing an effective date of January 18, 1979, a transaction priviledge tax license from the Department of Revenue effective June .+� 1, 1979, and finally a Department of Motor Vehicle License dated August 30, 1979. The purpose of that is simply to acquaint the Board with the fact that Mr. Williams has been doing business at the subject location at least since January 18, 1979. So my first request to the Board would simply be, if the Board declines to act in this matter, on the basis of this being a non-conforming use." "My second request would be to ask the Board to direct that a license be issued without further adjudication because of the existance of a non-conforming use. In the event the Board declines my first two requests, may I make this statement. I have been on the other side of the table as an attorney for the Town of Paradise Valley, so I know what you gentlemen are facing. I understand and firmly believe that the last thing anybody should do is threaten, directly or indirectly, the Board of litigation. You will find that both Mr. Nelson and myself are extremely reasonable and very very anxious to work with the Board concerning this matter and I think that compromise without waiving Note: areas indicated by any of Mr. Nelson's position should the indicate voice not Board reject my two previous positions. I audible on official tape. would like to discuss a compromise in this matter, should the Board wish to issue a special use permit non-conforming use. Page 3 Along those lines, in regards the spirit of compromise Mr. Williams would be willing to discuss the installation of a fence although he has not secured a building .•. permit for it, he will do so immediately, and I am sure he will be willing to discuss compliance with other reasonable regulations that the Board may impose that are similarly imposed on other wrecking yards in the City. What my fear is quite honestly, what I am leading up to is this; that I have heard thru your City Attorney that it is possible the Board may be considering some form of a condition that would preclude or which would terminate the special use permit upon Mr. Williams selling the property to a third person. I don't know if that's in the Board's mind or in discussion. I did some very brief reserch on the subject and I readily admit that your own City Attorney should tell you this and I am not anxious to meet with her to show her my case files but I can state with a great deal of candor and honesty that the case law is legend, it is uniform it is without exception that the Board of Adjustment cannot impose that kind of condition on a special use permit. There are hundreds of case that stand for the proposition that a condition on the issuance of a special use permit revoking the jurisdiction of a Board of Adjustment or any City Commission. If you wish to impose such a condition, then I respectfully request that you do so subject to review of your City Attorney, so I can talk with her, show her my position, if she disagrees with me fine, I'll understand that she's your City Attorney and this is what the City is paying her for, but I respectfully request the opportunity to discuss it with her and show her the legal authority prior to you imposing it. You could make it conditional upon her review and acceptance, if she says fine, its in there and you've done it, then there's no further need to consider and close the case, if she says well, you don't have the power to do it, she can automatically kick it out that's the real purpose why I am here Mr. Williams certainly will discuss compliance without wavering his position. I am here to answer any questions you have 8. Mr. Gero presented his recommendations. It appears the use is pre-existing non-conforming. Page 4 Mr.' Williams is placing a fence around the outer perimeter of the property from 6 feet to 8 feet high. The Board should regulate signs and state the use cannot be expanded. 9. Nesser/Nunn M/S "Be it resolved that the Board of Adjustment of the City of Apache Junction does approve and hereby grant that Mr. Nelson Williams may continue the pre- existing non-conforming use of a junk/ wrecking yard located at 1861 East 12th Avenue in Apache Junction, Arizona and hereby registers same as required by Section 2306 of the Zoning Ordinance of said city. The Board hereby stipulates that approval is contingent upon the property owner having in place within 30 days from the date of this approval an opaque fence in height between six and eight feet from general ground grade viewed from outside the property; further, provided, the property owner shall be required to maintain said fence in good repair during the continuation of the said non-conforming use. The Board further stipulates that the non- conforming use shall not be expanded beyond the limits and scope as established and existing on November 5, 1979. The Board further stipulates that an on-site sign up to two square feet identifying the use of the property, placed no higher than eight feet above average ground level may be approved. The motion passed unanimously by roll-call vote. 10. Chairman asked the Board what they wished to do about the letter from Mr. and Mrs. P.L. Nichols with regards to Section 2309 of the Zoning Ordinances as applied to the Los Rocas Subdivision. o► 11. Vaughn/Nunn M/S to set the public hearing for the Nichols request for November 19, 1979, at 6:00 p.m. at the City Hall, and watczt gthe fees. The motion passed unanimously by roll-call vote. Page 5 12. Nesser/Vaughn M/S to adjourn at 7: 15 p.m. The motion passed unanimously by roll-call vote. A Respectfully Submitted, Jtz-aft-600-4-u Joseph W. Gero Executive Secretary Approved: i 1 ,/ ` ,,Li/L2 Jose Jessamine, Chairman MINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION CITY HALL NOVEMBER 19, 1979 6:00 p.m. it In Attendance Regrets Joe Jessamine, Chairman None Bill Furness Don Nesser Pete Nunn Bill Vaughn Joe Gero, Executive Secretary Guests 1. Mr. Jessamine opened the meeting at 6:00 p.m. and requested the (Chairman) roll-call of members. 2. Mr. Gero (Exec. Sec.) called the roll and determined all members of the Board to be present. 3. Chairman declared a quorum present. He called for a motion on "Minutes" dated August 21, 1979. 4. Nunn/Nesser M/S to approve "Minutes" dated August 21, 1979 except that under "Minutes" the second should be Mr. Furness instead of Mr. Vaughn. The motion passed unanimously by roll-call vote. 5. Chairman stated that this is the time and place for public hearings advertised for this date. He announced that this is the public hearing for BA-3-79, application of Mr. and Mrs. P.L. Nichols with regards to Section 2309 of the Zoning Ordinance as applied to the Los Rocas Subdivision, and specifically to be applied to lot size and yard setbacks in a General Rural (GR) Zoning district. This case was advertised on November 9, 1979. He then called upon the Executive Secretary to brief the Commission and public present on the case. 6. Mr. Gero oriented the case on a map sketch for all present. He noted that fifteen of the twenty lots are developed. '.. The area is zoned General Rural (GR) and none of the lots as subdivided previous to the City establishing regulations are in conformance. None of the homes as constructed meet the GR setback requirements. 7. Mr. Nichols stated that his lot is too small to meet either the lot area or setback requirements. In fact, he would have a total of five feet in which to build or place a home. He is requesting the Board approve the request so that he can use the lot. Page 2 8. Mr. Cookenmaster stated he did not mind the area or setback require- ments being approved provided trailers are not permitted. 9. Mr. Biggs brought to the attention of the Board private A". covenant restrictions on the Los Rocas Subdivision. 10. Chairman indicated the Board is aware of the deed restrictions. Zoning Ordinance requirements are enforcable by officials of the City. Private restrictions can only be enforced by actions of owners party to the restrictions or through an association of said owners through the court system. The question before this Board is limited to determining whether there is a lawfully existing subdivision on the date of the adoption of the Zoning Ordinance, and whether there has been development on the lots which set precedent for development. If so, then the Board shall be obligated to certify that the other lots may be developed to those requirements, established by precedent, provided that such requirments don't endanger the public health, safety and general welfare. The Board may not, in this instance, consider the uses permitted in that limiting them would be in effect rezoning, a power limited to the City Council. The Chairman noting no further requests to speak closed the public hearing. 11. Nesser/ M/S "Be it resolved that the Board of Adjustment of the City of Apache Junction does approve and hereby grant the request of Mr. and Mrs. P.L. Nichols (BA-3-79) to allow a reduction in the lot size and setback require- ments of the General Rural (GR) Zoning district as applied in the Los Rocas Subdivision, the variance as permitted by Section 2309 of the Zoning Ordinance; provided that the setbacks shall not be less than the setbacks of the dwelling unit placed closest to the property line (may be different dwelling units for front, side, and rear setbacks) within the Los Rocas Subdivision as developed on the date of this decision; further, providing, this decision shall establish precedent and permit the Zoning Administrator to issue future requested permits within the subdivision in compliance with this decision. The motion passed unanimously by roll-call vote. 12. Chairman announced that this is the public hearing for BA-4-79, application of Harold Englin with regards to Section 2309 of the Zoning Ordinance as applied to the Wilson Subdivision as it fronts on Delaware/ Hale Drive, and specifically applied to lot size and yard setback in a General Rural (GR) zoning district. This case was advertised on November 9, 1979. He then called upon the Executive Secretary to brief the Page 3 Commission and public present on the case. 13. Mr. Gero oriented the case on a map sketch for all present. He noted that the specific lot fronts on Hale Drive which is parallel to and abuts Delaware Drive. Mr. Englin owns the lot which he rents. The Johnsons were in the process of placing a mobile home on the lot. This case came to the City's attention when it was discovered that a sketch plan submitted by Mr. Englin for the building permit was in error. The error was that Mr. Englin used what is the width of Hale Drive in computing the front yard setback required (40 feet) . At one time the abandonment of Hale Drive had been requested before the Pinal County Board of Supervisors. It was however, deferred to the City. The City refused to grant the abandonment. 14. Mr. Englin presented the applicant's case. He noted that he is renting the lot to a couple for a mobile home. He had sought a building permit on the basis that he thought Hale Drive had been abandoned. It was after the improvements had been constructed to hook-up the Am. mobile home that the error was discovered. The Johnson's were nearly complete with the hook-up. To move the mobile home a few feet to gain equal frontage with the other established homes in this old subdivision would impose a substantial cost. Further, Hale Drive is one block long with a parallel usable roadway (Delaware Drive) . Hale has never been constructed. Should Hale be abandoned the trailer would comply with the General Rural zoning district requirements. Therefore, the Board is requested to grant relief on the basis of Section 2309 of the Zoning Ordinance. It was noted that these present from the area did not oppose the petition. 15. Chairman noted that there was no further request to speak, therefore the public hearing is closed. 16. Nesser/Furness M/S "Be it resolved that the Board of Adjustment of the City of Apache Junction does approve and hereby grant the request of Mr. Harold Englin (BA-4-79) to allow a reduction in the lot size and setback requirements of the General Rural (GR) zoning district as applied to the Wilson Subdivision for those lots which front on Hale Drive parallel to and abutting Delaware Drive, the variance as permitted by Section 2309 of the Zoning Ordinance; more specifically providing that the front yard setback may be reduced to nineteen (19') feet measured from the westerly right-of-way line of Hale Drive; further, providing, this decision shall establish precedent and permit the Zoning Administrator to issue future requested permits within the Wilson Page 4 Subdivision for those lots only which front on Hale Drive and in compliance with this decision. The reasons are that the established uses are generally similar in front yard setbacks, and further the double street one block long, with dead-ends and never constructed has apparently never been considered in establishing other setbacks. The motion passed unanimously by roll-call vote. 17. Vaughn/Nunn M/S that the Board of Adjustment shall hereafter change its regular meeting hour from 6 p.m. to 7 p.m. unless advertised otherwise. The motion passed unanimously by roll-call vote. 18. Nunn/Vaughn M/S to adjourn (at 8: 15 p.m.) The motion passed unanimously by roll-call vote. Respectfully submitted, j471"laledt49 Joseph W. Gero Executive Secretary Approved: Joe Jessamine Chairman CITY COUNCIL ,LOTIONS Meeting of Deremher 19, 1479 ACTION `LOTION AGENCY DISPOSITION BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE City Completed CITY OF APACHE JUNCTION, ARIZONA THAT AGENDA ITEMS Clerk 12/19/79 13, 14, 15, 16, 17 & 18, REFERRING TO ORDINANCES NO. 20, 21, 22, 23, 24, & 25, BE AND HEREBY ARE REMOVED FROM THE AGENDA; AND BE IT FURTHER RESOLVED THAT ITEM NO. 20, HALBERT ANNEXATION, BE TABLED UNTIL FURTHER INFORMATION IS RECEIVED. • Motion carried. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE -0- Completed CITY OF APACHE JUNCTION, ARIZONA, THAT THE AGENDA 12/19/79 BE ACCEPTED AS CORRECTED. Motion carried. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE -0- Completed CITY OF APACHE JUNCTION, ARIZONA THAT THE MINUTES 12/19/79 OF THE REGULAR MEETING OF DECEMBER 5, 1979 BE AND HEREBY ARE ACCEPTED AS PRESENTED. Motion carried. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE City Letter to CITY OF APACHE JUNCTION, ARIZONA THAT THE COMMON Clerk Applicant COUNCIL RECOMMENDS APPROVAL TO THE DEPARTMENT OF 12/28/79 LIQUOR LICENSES AND CONTROL, ON THE ORIGINAL APPLICATION FOR SPIRITUOUS LIQUOR LICENSE, SERIES #7 ON SALE RETAILER'S LICENSE TO SELL WINE AND BEER BY INDIVIDUAL PORTIONS AND IN THE ORIGINAL CONTAINERS BE APPLICANT DAVID G. WELLER, BE AND HEREBY IS APPROVED FOR RECOMMENDATION. Motion carried. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE City Letter to CITY OF APACHE JUNCTION, ARIZONA THAT THE COMMON Clerk Applicant COUNCIL RECOMMENDS TO THE ARIZONA DEPARTMENT OF 12/28/79 REVENUE THE CONDITIONAL APPROVAL OF THE BARBARA FREEMAN "SMALL GAME" BINGO LICENSE, TO BE CONDUCTED AT THE ROUND-UP MOBILE HOME RANCH LOCATED AT 926 N. MONTEREY DRIVE IN THE CITY OF APACHE JUNCTION, ARIZONA; SAID APPROVAL TO BE CONDITIONAL UPON APPLICATANT AGREEING THAT THE BUILDING IN WHICH THE CITY COUNCIL Page 2 tOT I ONS ;teeting of December 19, 1979 ACTION ".OTION AGENCY DISPOSITION BINGO GAMES WILL OCCUR SHALL NOT HAVE MOTOR VEHICLES PARKED IN THE VICINITY OF SAID BUILDING IN A MANNER THAT THE VEHICLES' PRESENCE WOULD BECOME A HAZARD TO THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE. Motion carried. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF City THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION Manager NO. 79-49, A RESOLUTION OF THE MAYOR AND THE COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF ARIZONA, ACTING BY AND THROUGH THE STATE LIAISON OFFICER OF ARIZONA OUTDOOR RECREATION COORDINATING COMMISSION AND DECLARING AN EMERGENCY, BE AND HEREBY IS APPROVED Motion carried with Emergency Clause. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF -0- Completed THE CITY OF APACHE JUNCTION THAT THE SECOND 12/19/79 READING OF ORDINANCE NUMBER 12 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Motion carried. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE City , CITY OF APACHE JUNCTION THAT ORDINANCE NO. 12, AN Clerk ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA RELATING TO ADMINISTRATION, REPEALING CHAPTER THREE OF THE APACHE JUNCTION CITY CODE AND ADDING SECTIONS 3-1-3 THROUGH 3-11-1 BE AND HEREBY IS APPROVED. Motion carried. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF City THE CITY OF APACHE JUNCTION, ARIZONA, THAT RESOLUTION Clerk 79-52, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF APACHE JUNCTION DIRECTING THE CITY MANAGER TO PROCEED TO SECURE HEALTH SERVICES FOR THE CITY OF APACHE JUNCTION PURSUANT TO THE LAWS OF THE STATE OF ARIZONA, BE AND HEREBY IS APPROVED. Motion carried CITY COUNCIL Page 3 MOTIO[VS Meeting of December 19, 1979 ACTION MOTION AGENCY DISPOSITION BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE -0- CITY OF APAHCE JUNCTION THAT THE READING OF ORDINANCE NUMBER 19 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Motion carried. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE City CITY OF APACHE JUNCTION THAT ORDINANCE NUMBER 19, Clerk AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING SECTION 11-1-2 RELATING TO MEMBERSHIP OF THE APACHE JUNCTION PLANNING AND ZONING COMMISSION, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILI''Y AND DECLARING AN EMERGENCY, BE AND . HEREBY IS APPROVED. Motion carried with Emergency Clause. BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY City COUNCIL OF THE CITY OF APACHE JUNCTION THAT THE Clerk FOLLOWING PERSONS ARE HEREBY CONFIRMED TO BE AND ARE HENCEFORTH APPOINTED "MEMBERS" OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF APACHE JUNCTION FOR THE TERMS SPECIFIED HEREIN: MILDRED BAKER FOR THE UNEXPIRED TERM TO END JUNE 30, 1982, SUSAN SHARP FOR THE UNEXPIRED TERM TO END JUNE 30, 1980, AND RICHARD OLTMAN FOR THE TERM TO END JUNE 30, 1981. Motion carried. THAT THE COUNCIL RECESS FOR 15 MINUTES. -0- Motion carried. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE City CITY OF APACHE JUNCTION THAT RESOLUTION NO. 79-50, Clerk A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO AGREEMENTS FOR PUBLIC IMPROVE- MENTS AS A CONDITION PRECEDENT FOR THE ISSUANCE OF Planning Implemented A BUILDING PERMIT WHEREUNDER THE APPLICANT WOULD Director ENTER INTO CERTAIN AGREEMENTS FOR PROVIDING PUBLIC IMPROVEMENTS UNDER CERTAIN CONDITIONS: REPEALING CONFLICTING RESOLUTIONS, AND DECLARING AN EMERGENCY, BE AND HEREBY IS ADOPTED. Motion carried with Rmergency Clause. CITY COUNCIL Page 4 ;LOTIONS Meeting of December 19` 1979 ACTION MOTION AGENCY DISPOSITION BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE City CITY OF APACHE JUNCTION, THAT RESOLUTION NUMBER Clerk 79-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RELATING TO THE Planning Implemented ISSUANCE OF BUILDING PERMITS ON CERTAIN LANDS WITHIN Director • THE CITY OF APACHE JUNCTION, REPEALING CONFLICTING RESOLUTIONS, AND DECLARING AN EMERGENCY, BE AND HEREBY IS APPROVED AND ADOPTED. Motion carried with Emergency Clause. • BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF City THE CITY OF APACHE JUNCTION, ARIZONA THAT THE BILLS Clerk IN THE AMOUNT OF $33,486.82 BE PAID. Motion carried. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF City Posted THE CITY OF APACHE JUNCTION, ARIZONA THAT AN Clerk 12/21/79 EXECUTIVE SESSION REGARDING PERSONNEL BE HELD ON THE 2nd DAY OF JANUARY, 1980 AT 6:00 P.M. Motion carried. • THAT A WORK SESSION OF THE CITY COUNCIL BE HELD ON City Posted DECEMBER 26, 1979 AT 7:00 P.M. Clerk 12/21/79 Motion carried. • BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF -0 • - THE CITY OF APACHE JUNCTION THAT THE MEETING BE ADJOURNED AT 8:52 P.M. Motion carried. CITY COUNCIL REQUESTS MEETING OF December 19, 1979 ACTION REQUEST AGENCY DISPOSITION NO REQUESTS CITY COUNCIL REQUESTS ACTION NOT COMPLETED MEETING ACTION DATE REQUEST AGENCY STATUS )/19/79 THAT RESOLUTION NO. 79-37, A RESOLUTION OF THE MAYOR AND City Action THE COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZ. Clerk Contengent RELATING TO THE APACHE JUNCTION CHAMBER OF COMMERCE, upon City's BE ADOPTED TO SET ASIDE A ONE-HALF ACRE PARCEL OF LAND acquisition WITHIN THE MUNICIPAL COMPLEX PARCEL FOR THE USE OF THE of approx. CHAMBER OF COMMERCE. 100 acres of lands from State Land Dept. 10/17/79 COUNCILMAN BURGESS REQUESTED THAT THE COUNCIL BE PROVIDED City Pending WITH INFORMATION AS TO THE HOLDING OF COUNCIL MEETINGS Manager official IN THE SCHOOLS. approval from School Board. 11/21/79 THAT THE RESOLUTION NO. 79-45, A RESOLUTION OF THE MAYOR City Awaiting AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL Manager agreement COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO ENTER from ADOT. INTO AN AGREEMENT WITH THE ARIZONA DEPARTMENT OF ,.� TRANSPORTATION, OFFICE OF HIGHWAY SAFETY, FOR FUNDING OF A TRAFFIC ENFORCEMENT UNIT AND SUPPORT EQUIPMENT/ COMMUNICATIONS FOR THE APACHE JUNCTION POLICE DEPARTMENT, AND DECLARING AN EMERGENCY, BE AND HEREBY IS APPROVED. 11/21/79 THAT THE RESOLUTION NO. 79-46, A RESOLUTION OF THE City Awaiting MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, Manager agreement PINAL COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER from ADOT. TO ENTER INTO AN AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION, OFFICE OF HIGHWAY SAFETY, FOR FUNDING OF STREET NAME AND OTHER STREET SIGNS AND DECLARING AN EMERGENCY, BE AND HEREBY IS APPROVED. • a{ zej • i� f� t'I• _—......_ I — - 1 i 1 _- ROLL CALL. VOTE SHEET NOTES ITEM # MEETING OF MOTION BY: _ ` `� 1j4/:-j' SECONDED BY: YFS NO ABSTAIN COUNCILMAN BURGESS COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: ADJOURNMENT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT THE MEETING BE ADJOURNED AT 7" P,M. ROLL CALL VOTE SHEET NOTES ITEM #_ MEETING OF MOTION BY: SECONDED BY : YFS NO ABSTAIN COUNCILMAN BURGESS COUNCILMAN DAMIANO COUNCILMAN EIDSON COUNCILMAN HILL COUNCILMAN SHANKS VICE-MAYOR GRANILLO MAYOR SEEMAN V t UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL: