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HomeMy WebLinkAbout1979-10-08 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING OCTOBER 8, 1979 A Regular Meeting of the City Council of Apache Junction was held on the 8th day of October, 1979 at the Apache Junction City Hall, pursuant to the notice as required by law. CALL TO ORDER In the absence of Mayor Seeman and Vice -Mayor Granillo, City Clerk Ballard called the meeting to order at 7:00 p.m. at the Apache Junction City Hall and opened the nominations for an Acting Mayor. Councilman Burgess MOVED that Councilman Shanks be appointed Acting Mayor for the meeting. Councilman Damiano seconded the motion. VOTE: UNANIMOUS Motion carried. PLEDGE OF ALLEGIANCE Councilman Thomas Damiano led the Pledge of Allegiance. INVOCATION Councilman Shanks gave the invocation. ROLL CALL Councilmembers Present: Jerry Burgess, Thomas Damiano Jimmy Eidson, Marie Shanks Councilmembers Absent :Mayor Virginia Seeman, Vice -Mayor John Granillo, Norman Hill Staff Present :Ray Lee, City Manager Isabel C. Ballard, City Clerk Bill McDaniel, Chief of Police Joseph Gero, Planning Director Susan Goodwin, City Attorney ACCEPTANCE OF THE AGENDA )Councilman Burgess MOVED that the Agenda of the Regular Meeting of October 3, 1979 be accepted as presented. the motion. VOTE: UNANIMOUS Motion carried. Councilman Eidson seconded Regular Meeting, Oct. 8, 1979 Page 2 ACCEPTANCE OF MINUTES OF REGULAR MEETING OF SEPTEMBER 19, 1979 ) )Councilman Burgess MOVED that the Minutes from the Regular Meeting of September 19, 1979 be accepted as presented. Councilman Damiano seconded the motion. VOTE:UNANIMOUS Motion carried. AWARDS PRESENTATIONS AND COMMUNICATIONS ) )None CALL TO THE PUBLIC (PETITIONS)) )Acting Mayor Shanks called for any public petitions, indicating a "Request to Speak Form" must be presented to the City Clerk. City Clerk Ballard reported that she had received two requests to speak; Joe Saggio requested to speak on Item 4, referring to Request for Rezoning, PZ-4-79 and Item 10, referring to Request for Executive Session, J. Saggio; Mr. Joe Baljo requested to speak on Item 3, referring to Request for Rezoning, PZ-3-79 and Item 4, referring to Request for Rezoning, PZ-4-79. CITY MANAGER'S REPORT ) )City Manager Lee School Board for a room in have which is large enough ation on this at the next reported that the City has completed a petition to the one of the school auditoriums or a facility they might to hold council meetings in.He will have more inform meeting. PUBLIC HEARINGS Joseph Gero requested that Items 3 and 4, Request for Request for Rezoning, PZ-4-79, be continued until the the Council, giving him time to review the issues and the zoning ordinances of the City. ) )Planning Director, Rezoning, PZ-3-79 and next regular meeting of become more acquainted with that the Public Hearing on Petition PZ-3-79 and PZ-4-79 17, 1979 at the Regular Meeting of the City Council. seconded the motion. VOTE:UNANIMOUS Motion carried. Councilman Eidson MOVED be continued on October Councilman Burgess Regular Meeting, Oct. 8, 1979 Page 3 UNFINISHED BUSINESS (TABLED ITEMS) Ordinance and Petition PZ-C-35-79 remained tabled. NEW BUSINESS )Items regarding Off Road STATE FAIR BOOTH DISPLAY )Acting Mayor Shanks asked for a report on the progress made in regard to the State Fair booth display.City Manager Lee reported that information from the Chamber of Commerce indicated 34 people, 17 days, 2 shifts, traveling to and from the Fair, using approximately 34 automobiles in addition to two round trips for a pickup truck to take and bring back the booth.Allowing 17 per mile totals $489.60. City Manager Lee further reported that it was -his recommendation that the Council authorize reimbursement to the Chamber, not to exceed $500.00.This amount would come from Civic Advertising funds. Councilman Damiano MOVED that the City Manager be authorized to reimburse the Chamber of Commerce of the City of Apache Junction in an amount not to exceed $500.00. Councilman Eidson seconded the motion. VOTE:2 4 - Councilman Burgess, Acting Mayor Shanks 2110 - Councilman Damiano, Councilman Eidson Motion failed. EMPLOYEE MEDICAL INSURANCE )Acting Mayor Shanks requested a report from the City Attorney.City Attorney Goodwin reported that St. Paul Insurance Company will cover, at the inception of the policy, all employees and their dependents; they will be covered immediately whether or not they have been employed for three months, as required by the Personnel Policies. However, after that, they have to be employed for three months.An employee would not be able to pay for their insurance prior to the three month waiting period, i.e., an employee cannot go on the group plan, paying the City's share of the premium until the three month period is up. City Attorney Goodwin also reported that the rates quoted are guaranteed for one year and that St. Paul will adjust the rates downward monthly as we get new employees; the more employees we have, the less the cost will be. Any rate increase Ag4 renewal time is based on the Company's actuaries and nationwide statistics, they are not based on claim 4eomerfee by the City. ac.+.'uify Regular Meeting, Oct. 8, 1979 Page 4 Councilman Eidson MOVED that an amendment to the Personnel Policies be made in Rule XV, Insurance, to read:All employees are eligible for group insurance after 45 days of employ- ment.Eligible employees are covered under the City's group insurance program at no cost to the employee. The plan provides health, accident, and life insurance coverage.The employee may elect to cover dependents under this program at full cost to the employee. Councilman Damiano seconded the motion. VOTE: UNANIMOUS Motion carried. Councilman Burgess MOVED that the City manager be authorized to enter into a contract with St. Paul Insurance Company for the purpose of providing health insurance for the employees of the City of Apache Junction. Councilman Eidson seconded the motion. VOTE: UNANIMOUS Motion carried. ORDINANCE GOVERNING PUBLIC PLACES AND ENTERTAINMENT )City Clerk Ballard addressed the Mayor and Council, reporting that she was distributing an ordinance that was a re -type with one change. Acting Mayor Shanks asked the City Attorney to discuss the change. City Attorney Goodwin reported Paragraph C in Ordinance 9, in last weeks reading, was: All dances, including go go and strip tease performances, shall be conducted upon a stage, platform or portion of the floor raised at least 18 inches above the main portion of the floor. It was requested that Paragraph C in Ordinance 9 be changed to read: All dances, including go go and strip tease performances, shall be conducted upon a stage, platform or portion of the floor raised at least 36 inches above the main portion of the floor. Regular Meeting, Oct. 8, 1979 Page 5 The only change is in the amount of inches required for the platform to be placed above the main portion of the floor. City Attorney Goodwin reported that the Council had the first reading of this Ordinance and any change requires that the Council start from the beginning.The City Council cannot have a second reading and adopt that change. She further reported that the Council could not adopt the Ordinance as it now stands, with the 18 inches, because an affirmative vote of 3/4 of the elected members would be necessary to pass an ordinance with an emergency clause.To adopt Ordinance No. 9 with the change provided, it is possible to have the first reading tonight and the Ordinance could be adopted at the next meeting if six affirmative votes are received, making it effective immediately. Councilman Eidson suggested that the Council wait until next meeting to adopt Ordinance 9 and requested input from the citizens regarding this ordinance. Several citizens requested that Ordinance 9 be read in its entirety. City Attorney Goodwin was requested to read the Ordinance. AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF APACHE JUNCTION BY ADDING SECTION 10-1-22 RELATING TO THE OPERATION OF CERTAIN PUBLIC PLACES OF ENTERTAINMENT, AND PRESCRIBING PENALTIES AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL AS FOLLOWS: A.It is hereby declared to be a public nuisance and it is unlawful as follows: 1.Any female entertaining or performing any dance or in any play, exhibition, show, or other entertainment, or any female serving food or spirituous liquors as defined by Title 4, Chapter 1, Article 1, A.R.S. 1965, as amended, in a restaurant, nightclub, bar, tavern, taproom, theatre, or in a private, fraternal, social, golf or country club, as defined by Title 4, Chapter 1, Article 1, A.R.S. 1956, as amended, or in any public place who appears clothed, costumed, unclothed or uncostumed in such a manner that the bare female breast or breasts are not firmly covered below the top of the nipple by a braissiere consisting of a fully opaque material, is guilty of a misdemeanor. 2.Any person entertaining or performing any dance or in any play, exhibition, show or other entertainment, or any person serving food or spirituous liquors as defined by Title 4, Chapter 1, Article 1, A.R.S. 1956, as amended, in a restaurant, nightclub, bar, tavern, taproom, theatre, or in a private, fraternal, social, golf or country club, as defined in Title 4, Regular Meeting, Oct. 8, 1979 Page 6 Chapter 1, Article 1, A.R.S. 1956, as amended, or in any public place, who appears clothed, costumed, unclothed or uncostumed in such a manner that the lower part of his or her torso, consisting of the private parts or anal cleft or cleavage of the buttocks, is not covered by a fully opaque material or is so thinly covered as to appear uncovered, is guilty of a misdemeanor. 3. Any person who employs any female entertaining or performing any dance or in any play, exhibition, show, or other entertainment, or any female serving food or spirituous liquors as defined by Title 4, Chapter 1, Article 1, A.R.S. 1956, as amended, in a restaurant, nightclub, bar, tavern, taproom, theater, or in a private, fraternal, social, golf or country club, as defined by Title 4, Chapter 1, Article 1, A.R.S. 1956, as amended, or in any public place, who appears clothed, costumed, and unclothed or uncostumed in such a manner that the bare female breast or breasts are not firmly covered below the top of the nipple by a braissiere consisting of a fully opaque material, is guilty of a misdemeanor. 4. Any person who employs any person entertaining or performing any dance or in any play, exhibition, show or other entertainment, or any person serving food or spirituous liquors as defined in Title 4, Chapter 1, Article 1, A.R.S. 1956, as amended, in a restaurant, nightclub, bar, tavern, taproom, theatre, or in a private, fraternal, social, golf or country club, as defined in Title 4, Chapter 1, Article 1, A.R.S. 1956, as amended or in any public place, who appears clothed, costumed, unclothed or uncostumed in such a manner that the lower part of his or her torso, consisting of the private parts or anal cleft or cleavage of the buttocks, is not covered by a fully opaque material or is so thinly covered as to appear uncovered, is guilty of a misdemeanor. 5. Any person who aids and abets in any commission of any of the offenses defined by paragraphs 1, 2, 3 and 4 of this section is guilty of a misdemeanor. 6. Any person who touches, carresses, or fondles the breasts, buttocks, anus, or genitals of another who is entertaining or performing any dance is guilty of a misdemeanor. B.The City Clerk shall, upon request, furnish to the owner or operator of each cabaret a copy of this article.The owner or operator shall post the copy of this article in a place conspicuous to the entertainers, but not necessarily in view of the general public.The owner or operator of the cabaret shall acquaint his entertainers with the terms of this article. C. All dances, including go go and strip tease performances, shall be conducted upon a stage, platform or portion of the floor raised at least thirty six (36) inches above the main portion of the floor. Regular Meeting, Oct. 8, 1979 Page 7 D.Penalty Clause: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 by imprisonment for a period of not to exceed three (3) months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove prescribed. E.Emergency Clause: WHEREAS the immediate operation of the provisions of this ordinance is necessary for the preservation of of the public peace, health and safety of the City of Apache Junction, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage, adoption and approval by the City Council of Apache Junction. Acting Mayor Shanks asked if there were any other questions or comments.Several citizens spoke regarding massage parlors, adult bookstores and striptease clubs in Apache Junction.It was the overall expression that a stop should be executed now before more of these types of businesses could come into the area.Appreciation was expressed to Councilman Eidson for initiating the ordinances against these types of businesses for Apache Junction. REQUEST FOR EXECUTIVE SESSION, J. SAGGIO )Acting Mayor Shanks asked if there was any discussion by Council members on this item.There was no response by Councilmembers. City Clerk Ballard stated that Mr. Saggio had requested to speak on this item. Mr. Saggio, 503 N. Ironwood, reported that he would like to call attention to the fact that the heading of Item 10 is not a request for executive session; he did not request an executive session and that he has written and asked for a public hearing and would like this corrected.He reported that he also has requested from Mayor Seeman an itemization, in advance of the hearing, of the nature of the items that make up the overall statement of charge of "disloyalty to the City and its governing body." Acting Mayor Shanks called upon the City Attorney to make comments regarding this matter. City Attorney Goodwin referred Mr. Saggio to Section #2-4-7 of the City Code, stating she had no further comments. Regular Meeting, Oct. 8, 1979 Page 8 Acting Mayor Shanks asked the Council if they would like to have this executive session at the next regular meeting. Councilman Burgess MOVED that an Executive Session of the City Council of Apache Junction be called for on October 17, 1979 at 6:00 p.m. and that Mr. Saggio be invited to attend. Councilman Damiano seconded the motion. Several citizens spoke in favor of Mr. Saggio, indicating that they felt that he has the right to a public hearing if he so wishes. A lengthy discussion took place on giving Mr. Saggio a public hearing opposed to an executive session. VOTE:UNANIMOUS Motion carried. REQUEST FOR EXECUTIVE SESSION PERSONNEL, OCTOBER 17, 6:00 P.M. )No action taken. EMPLOYEE PHYSICAL EXAMINATIONS (DISCUSSION ONLY) )Councilman Burgess asked for a report on employee physicals. City Clerk Ballard reported that she and Councilman Shanks had previously conducted a study on methods available for providing employee physical examinations.It was decided to have all employees get their physicals at the same clinic, Occupational Medical Clinic, in Scottsdale. Councilman Damiano MOVED that this item be tabled until the next Regular Meeting, October 17, 1979. seconded the motion. VOTE:UNANIMOUS Motion carried. Councilman Burgess Regular Meeting, Oct. 8, 1979 Page 9 PROPOSED ORDINANCE REGARDING BATHHOUSES, MASSAGE PARLORS & THERAPY CENTERS (DISCUSSION AND/OR FIRST READING) reported that this Ordinance, Chapter 8, is not in final of Police, Bill McDaniel, to expound on this Ordinance. City Attorney Goodwin form and asked Chief Chief McDaniel reported that the reason for this proposed ordinance is for the City to be able to control community places which prompt receipt of reports such as they have received in regard to Johnny Below Zero's.They want to require licensing, photographing, fingerprinting by the Police Department, and examination for a health license by the State Board of Therapy.To protect the citizens, they should be of good moral character, not having been convicted of a misdemeaner or felony.It is recommended that there be a license fee of $500.00 for the applicant and if the application is denied for any reason, the $500.00 will be kept by the City as an application fee, not refundable to the applicant. City Attorney Goodwin added that licensing would also be required for attendants, as well as the operators.The licensing fee for attendants is $50.00, also non-refundable. Chief McDaniel also reported that a registry of all employees would also have to be available and open to the Police Department for inspection at all times. Acting Mayor Shanks asked if there were further comments regarding this ordinance.Several citizens expressed a strong desire to keep these establishments from opening and felt they should not be given the opportunity to apply for a license in Apache Junction. Councilman Eidson MOVED that the City Attorney provide the corrections needed on the Ordinance Regarding Bathhouses,' Massage Parlors and Therapy Centers, and provide a final draft with an emergency clause for the next Regular Meeting. seconded the motion. VOTE:UNANIMOUS Motion carried. Councilman Damiano Regular Meeting, Oct. 8, 1979 Page 10 INFORMATION AND REPORTS REQUESTS OF COUNCIL )Acting Mayor Shanks requested a motion regarding Joseph Saggio receiving advanced knowledge of all charges in regard to his dismissal from the Commission. Councilman Eidson MOVED that Mr. Saggio receive advanced knowledge of all charges presented to him prior to his hearing at the Executive Session on October 17, 1979. Councilman Burgess seconded the motion. VOTE:No -T. Damiano Yes -J. Burgess, J. Eidson, M. Shanks Motion carried. ADJOURNMENT )Acting Mayor Shanks adjourned the meeting at 8:02 p.m. Approved this ATTEST: / /day of 72, Z., cz&.•e.'0 —CMC City Clerk VIRTIA M. SEE Mayor , 1979