HomeMy WebLinkAbout1979-10-17 City Council Regular MinutesCITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 17, 1979
A Regular Meeting of the City Council of Apache Junction was held on
the 17th day of October 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 7:02 p.m. at the
Apache Junction City Hall.
PLEDGE OF ALLEGIANCE
Vice -Mayor John Granillo led the Pledge of Allegiance.
INVOCATION
Councilman Eidson gave the Invocation
ROLL CALL
Councilmembers Present:Mayor Virginia Seeman, Vice -Mayor John Granillo,
Jerry Burgess, Thomas Damiano, Marie Shanks,
Jimmy Eidson
Councilmembers Absent :Norman Hill
Staff Present :Ray Lee, City Manager
Marlis Davis, Deputy City Clerk
Bill McDaniel, Director of Public Safety
Joseph Gero, Director of Planning
Susan Goodwin, Assistant City Attorney
Mike Curtis, City Attorney
Others Present :Mr. Joe Saggio, 543 N. Ironwood, Apache Junction
Mr. David Alexander, Attorney for Mr. Wendell Clark
ACCEPTANCE OF THE AGENDA
No action taken.
ACCEPTANCE OF MINUTES OF REGULAR MEETING
OF OCTOBER 3, 1979
)Councilman Damiano MOVED
that the Minutes of the Regular Meeting of October 3, 1979 be accepted as
presented.
seconded the motion.
Councilman Eidson
Regular Meeting October 17, 1979
Page 2
VOTE:IN FAVOR: Thomas Damiano, Jerry Burgess, Marie Shanks, Jimmy Eidson
ABSTAIN:Mayor Virginia Seeman, Vice -Mayor John Granillo
Motion carried.
ACCEPTANCE OF MINUTES OF REGULAR
MEETING OF OCTOBER 8, 1979 )
)Councilman Damiano
MOVED that the minutes of the Regular Meeting of October 8, 1979 be accepted
as presented, however an error on the State Fair Booth Display item should
be corrected to read:Councilmembers Burgess and Shanks voted no and
Councilmembers Damiano and Eidson voted yes.
City Attorney Goodwin
reported that there should be a correction made on page 5, second paragraph,
fifth line down after the word Ordinance, it should read ...effective
immediately as it now stands ...The ninth line down, second paragraph,
after the word adopted, it should read ...with the emergency clause at
the next meeting ... Page 3 under Employee Medical Insurance, the
very last line on that page should read claim activity not claim issuance
and the first part of that same sentence should read ... Any rate increases
at renewal time, not and renewal time.
Councilman Eidson
seconded the motion.
VOTE:IN FAVOR:Jerry Burgess, Thomas Damiano, Marie Shanks, Jimmy Eidson
ABSTAIN :Mayor Virginia Seeman, Vice -Mayor John Granillo
Motion carried.
AWARDS, PRESENTATIONS AND COMMUNICATIONS
CALL TO THE PUBLIC (PETITIONS)
called for any public petitions.
))
))
None.
Mayor Seeman
Deputy City Clerk Davis
reported that there was one request to speak; Mr. Saggio wished to speak on
Item No. 3, Acceptance of the Minutes of the Regular Meeting of October 8, 1979,
Item No. 5, Public Hearing on Petition Number PZ=4-79.
Mr. Saggio reported that
his request to speak was not on the matter of minutes. He indicated that he
wished to speak about the hearing held at the Executive Session earlier that
evening. Mr. Saggio felt that the information pertaining to the charges which
led to his dismissal from the Planning and Zoning Commission were presented
to him in very "general" terms and he felt that he had still not received from
the Council one specific charge regarding his dismissal. Mr. Saggio told the
Council that they "are a disgrace to Apache Junction."
Regular Meeting, October 17, 1979
Page 3
CITY MANAGER'S REPORT
)City Manager Lee
reported that he had received a letter from the Apache Junction Chamber of
Commerce, dated October 17, 1979 and too late to include in the packet,
indicating their support in forming an Industrial Development Authority.
Mayor Seeman requested
City Manager Lee to read the letter to the Council.
City Manager Lee read
as follows:
This is in answer to your
letter dated October 11, 1979 in regard to forming an Industrial Development
Authority.
At a special Board of
Directors Meeting of the Apache Junction Chamber of Commerce, held October 16,
1979, at their office, a resolution was passed directing a letter of special
interest be directed to the Mayor and City Council and the City Manager of
the City of Apache Junction and an attempt be made to submit five names for
consideration to be named to the Industrial Development Authority as soon as
possible.
We feel in developing
this authority that it will be one method of expanding the commercial and
industrial growth of our City, and that by attracting business growth thus
provide more revenue for City operations.Sincerely, Earleen S. Andrews,
President, Apache Junction Chamber of Commerce.
PUBLIC HEARINGS
REQUEST FOR REZONING, PZ-3-79
)Mayor Seeman
reported that this was a continuation of the public hearing for PZ-3-79
which was being continued from October 3, 1979. The Mayor requested the
Planning Director to orient the City Council and public to this petition.
Planning Director Gero
reported in detail on petition PZ-3-79, stating that on August 23, 1979 a public
hearing was advertised and held on September 10, 1979.Only the petitioner
spoke at the public hearing; the Planning and Zoning Commission voted unanimously
to recommend the approval of the zoning change. The Planning Director pointed
out that he was not employed at that time, and therefore, the Commission was
not advised by a Planning Director and the recommendation of the Planning
Commission may differ in some respects due to the fact that he was not present.
At the meeting of October 3, 1979 it was moved to continue this public hearing
on October 17, 1979.
Mr. Walter Kesteloot of
566 S. Wilson Drive, spokesman for the petition, addressed the Chairman, presenting
information in regard to his request for rezoning.There being no comments in
favor or against, Mayor Seeman requested Mr. Gero to give his recommendations.
Regular Meeting, October 17, 1979
Page 4
The Planning Director
reported that it was his recommendation that the City Council deny this
petition for two major reasons.
1. The request is for
the highway frontage only. If the frontage portion were sold by lot split,
the remainder would have no access. This would land lock the back portion
reducing its utility and value.Such a situation without a planned and
developed alternative is not in the best interest of the present or future
development of the City.
2. The City does not have
a developed land use policy.A rezoning to CB -1 means you allow any and all
uses in a CB -1 zone as potential present or future uses. Although this is
highway frontage, the City would be ill advised to allow more strip or spot
commercial areas without having a specific plan in mind. Furthermore, the
allowance of a spot zoning is considered to be an improper action.
Mayor Seeman asked
if there was any rebuttal.
Mr. Kesteloot reported
that when this petition was originally discussed, it was prior to the time
that this land was within the City limits and was assured by Terry Smith,
Pinal County Acting Planning Director, when he purchased the property, that
all the land along the highway could be transferred and made commercial.
Mr. Kesteloot indicated that he felt it "is improper to hold up a man who
wants to go ahead and build and add to our area just because we do not have
a master plan."
There was further
discussion regarding the possibility of an easement to eliminate part of
the problem. Planning Director Gero was asked by Vice -Mayor Granillo if
the granting of an easement along the length of the property would change
the picture.Mr. Gero reported that it would not because you must have
a lot in order to get a building permit and an easement would not create
a lot and this would not be the case with this property according to our
current ordinances.
Councilman Damiano
MOVED that upon the recommendation of our Planner, Petition PZ-3-79 be
disapproved.
seconded the motion.
VOTE: UNANIMOUS
Motion carried.
Vice -Mayor Granillo
Regular Meeting, October 17, 1979
Page 5
REQUEST FOR REZONING, PZ-4-79
) Mayor Seeman opened
the meeting to the public indicating that this is a continuation of the
public hearing for PZ-4-79 which is being continued from October 3, 1979.
Planning Director Gero
reported in detail in regard to petition PZ-4-79 stating the Planning
Department advertised on August 23, 1979 the public hearing before the
Planning Commission, which was held on September 19, 1979.The Commission
voted to recommend approval of the requested zoning change. Mr. Gero also
recommended approval of petition PZ-4-79 for the following reason:
1.The petition seeks
to rezone a portion of certain lots to the same classification the main portion
of the lots are zoned being CB -2.This would simply clarify that the owners
which can currently use the frontage for commercial use can do likewise with
the remainder of their property.
Mr. Saggio spoke in
opposition of this petition and stated his reasons why he is opposed to it,
indicating that the application contained irregularities and was, in fact,
illegal.He stated that Mr. Wendell Clarke did not possess a Power of
Attorney from the owners at the time that he petitioned.
Mr. David Alexander,
attorney representing Mr. Wendell Clarke, petitioner, addressed the
Chairman and reported that there was over 51% in agreement by the neighboring
parcels to this zone change.There was further discussion with the Council
regarding the current status of this land, and the proper submission of the
petition.The City Attorney and Attorney Alexander expressed a desire to
discuss this matter further.
Vice -Mayor Granillo
MOVED to temporarily recess the Public Hearings on Planning and Zoning
Items number 4, 5, and 6.
Councilman Shanks
seconded the motion.
VOTE: UNANIMOUS
Motion carried.
UNFINISHED BUSINESS
OFF ROAD VEHICLE ORDINANCE
Councilman Shanks
reported that the Committee had held its second meeting which was very
productive and that by the next Council Meeting the Committee would be
prepared with a full report to present to the City Council plus recommenda-
tions.
Regular Meeting October 17, 1979
Page 6
EMPLOYEE PHYSICAL EXAMINATIONS
)Mayor Seeman requested
a report from the City Manager.City Manager Lee referred to the City Clerk's
letter of October 12, 1979 and to the fact that the City Clerk and Councilman
Shanks had worked on this project.
Councilman Shanks
reported on the study done by herself and the City Clerk giving reasons why
they picked the method presented.
Mayor Seeman requested
a complete package, including fee schedules to be presented to the Council
at the next meeting.
Councilman Eidson
suggested that perhaps we would be better off using local facilities for
employee physicals, avoiding employees driving long distances for their
examinations. Councilman Shanks reported that the local emergency centers
do not offer clinic services.
Mayor Seeman called
upon the City Manager regarding the continuance of the Planning and Zoning
items.
City Manager Lee
reported that the attorneys would like to offer an alternative approach to item
number 5, PZ4-79, at this time.
Attorney Alexander
reported that on behalf of the City Attorney and himself, they would recommend
to the City Council that the Public Hearing continue; that they had examined
the application which was questioned insofar as its legality and further
advised that the hearing be concluded on the Planning and Zoning items and
that the Council postpone a vote on Item 5, PZ-4-79, until the next regular
meeting.In the meantime further research will be done on the actuality of
a Power of Attorney regarding the petition on this item.
The hearing continued
with Planning Director Gero recommending to the Council that subsequent
to the receipt of the written Power of Attorney that the City Council approve
the petition PZ-4-79. Mr. Gero itemized his reasons for his recommendations.
Mayor Seeman MOVED
to defer the decision by the City Council on PZ-4-79 until the next Regular
Meeting of November 7, 1979.
seconded the motion.
VOTE:UNANIMOUS
Motion carried.
Vice -Mayor Granillo
Regular Meeting, October 17, 1979
Page 7
PLANNING AND ZONING, PINAL COUNTY
COMMISSION INITIATIVE, PZ-C-35-79
)Mayor Seeman opened
the Public Hearing on PZ-C-35-79, reporting that this was a continuation
of the Public Hearing on September 5, 1979 and asked the Planning Director
to orient the City Council and public to this petition.
Planning Director
Gero reported that Petition PZ-C-35-79 was originally initiated by the
Pinal County Planning & Zoning Commission on May 16, 1979.The County
Planning Commission held a Public Hearing and ultimately arrived at conclusions.
Following that, the City became incorporated and the action of the County
Commission in and of itself was voided. This matter was continued by the City
and a Public Hearing before the City Planning Commission was properly
advertised, a hearing was held, and they have made a recommendation.
Mayor Seeman asked if
the Petitioner or a spokesman was present and would like to speak in regard to this
petition.There was no response.
Planning Director Gero
reported that Pinal County was the initiator and that he has on file a letter
from the County in which they are recommending this application and a letter
from Mr. Terry Smith, who was at the time of the letter, the Acting Director for
the County Planning and Zoning Department, in which they requested that the City
Council pass this particular application.
Mayor Seeman asked if
there was anyone in the audience who wished to speak in favor of the petition.
No response.She then asked if there was anyone who wished to speak in
opposition of the petition.No response.
Planning Director Gero
recommended to the Council, denial of Petition PZ-C-35-79, stating his reasons
for his recommendation.
1.The trend of
development in the area is single family.Without an official city plan and/or
overriding reasons to the contrary, the zoning should respect the pattern of
development that is being established.
2.The lots do not meet
the minimum required for CR-5 zone.This would create a contradiction between
what is permitted and what is allowed.
Vice -Mayor Granillo MOVED
that we deny petition PZ-C-35-79 for the reason that the lots are too small,
and for reasons stated by the Director of Planning.
seconded the motion.
VOTE: UNANIMOUS
Motion carried.
Councilman Damiano
Regular Meeting, October 17, 1979
Page 8
Councilman Burgess
MOVED that the City Council take a 15 minute recess.
Councilman Shanks
seconded the motion.
VOTE: UNANIMOUS
Motion carried.
The meeting was called
back to order by Mayor Seeman.
NEW BUSINESS
Councilman Damiano MOVED
that the City Council Meeting Minutes of September 5, 1979, under New Business,
be amended to show Items PZ-C-35-79, Rezoning Superstition Estates; PZ-1-79
and PZ-2-79 were public hearings by placing them under the title of "Public
Hearings."
the motion.
VOTE:UNANIMOUS
Motion carried.
ORDINANCE GOVERNING PUBLIC PLACES
OF ENTERTAINMENT (SECOND READING)
Ordinance Number 9 as follows.
Councilman Eidson seconded
)Mayor Seeman read
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. 1956,
as amended, in a restaurant, nightclub, bar, tavern, taproom, theatre, or
in a private, fraternal, social, golf taproom, theatre, or in a private,
fraternal, social, golf or coutry club, as defined by Title 4, Chapter 1,
Regular Meeting, October 17, 1979
Page 9
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 restuarant, 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.
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, 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.
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, caresses, 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.
Regular Meeting, October 17, 1979
Page 10
C.
D.
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.
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 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.
Councilman Eidson
MOVED that Ordinance No. 9, 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 and hereby is approved.
Councilman Damiano
seconded the motion.
VOTE:UNANIMOUS
Motion carried with emergency clause.
PROPOSED ORDINANCE REGARDING BATHHOUSES,
MASSAGE PARLORS & THERAPY CENTERS (FIRST READING)
)Attorney Goodwin
reported to the Chairman that under the City Code and State Law, a first
and second reading of the entire Ordinance can be dispensed with because
a complete version of the Ordinance is before them.
Mayor Seeman MOVED
that Section 8-4-8 of Ordinance Number 11 be deleted.
Vice -Mayor Granillo
seconded the motion.
VOTE IN FAVOR:Mayor Virginia Seeman
OPPOSED :Vice -Mayor John Granillo, Jimmy Eidson, Marie Shanks,
Jerry Burgess, Thomas Damiano
Motion failed.
Regular Meeting, October 17, 1979
Page 11
Councilman Eidson
MOVED that Ordinance No. 11, an ordinance of the City of Apache Junction,
Arizona amending Chapter 8 of the Code of the City of Apache Junction by
adding Article 8-4 relating to the operation of bathhouses, massage parlors,
and therapy centers, and declaring an emergency, be and hereby is approved.
Councilman Damiano
seconded the motion.
Attorney Goodwin
informed the Council that the Ordinance, even though it did not have to be
read in its entirety, it does have to have a first and second reading of the title.
The Deputy City Clerk
read the Ordinance title:AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA
AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF APACHE JUNCTION BY ADDING ARTICLE
8-4 RELATING TO THE OPERATION OF BATHHOUSES, MASSAGE PARLORS, AND THERAPY CENTERS,
AND DECLARING AN EMERGENCY, BE AND HEREBY IS APPROVED.
VOTE:IN FAVOR: Jerry Burgess, Thomas Damiano, Jimmy Eidson
Mayor Virginia Seeman, Vice -Mayor John Granillo
ABSTAIN : Marie Shanks
Motion failed to pass with emergency clause because there was not six (6)
affirmative votes, thus making it necessary to hold a second reading.
Mayor Seeman MOVED
that a Special Meeting be called for October 24, 1979 at 7:00 p.m. to discuss
Ordinance Number 11, relating to the operation of bathhouses, massage parlors,
and therapy centers.
Councilman Damiano
seconded the motion.
VOTE:IN FAVOR: Jimmy Eidson, Thomas Damiano, Jerry Burgess
Vice -Mayor John Granillo, Mayor Virginia Seeman
ABSTAIN: Marie Shanks
Motion carried.
Vice -Mayor Granillo
MOVED that the information to be discussed at the Special Meeting be only on
Ordinance Number 11.
Councilman Burgess
seconded the motion.
VOTE:IN FAVOR:Mayor Virginia Seeman, Vice -Mayor John Granillo
Jerry Burgess, Thomas Damiano, Jimmy Eidson
ABSTAIN: Marie Shanks
Motion passed.
Regular Meeting, October 17, 1979
Page 12
PROPOSED ORDINANCE REGARDING CITY
ADMINISTRATION (FIRST READING)
)Councilman Burgess
MOVED that the Council table Ordinance Number 12, until the next Regular
Meeting of November 7, 1979.
Vice -Mayor Granillo
seconded the motion.
VOTE:UNANIMOUS
Motion passed.
CLAIMS
)Vice -Mayor Granillo
MOVED that the unpaid bills in the amount of $71,602.58 be paid to bring
the City up to date to October 11, 1979.
Councilman Damiano
seconded the motion.
VOTE:UNANIMOUS
Motion passed.
INFORMATION AND REPORTS
REQUESTS OF COUNCIL
)Councilman Burgess
requested that the Council be provided with information as to the holding
of Council meetings at the schools.
City Manager Lee
reported that the application is in and we are waiting to hear from the
School District on an available meeting night at the school cafetorium.
ADJOURNMENT
)Vice -Mayor Granillo
MOVED that the meeting adjourn.
seconded the motion.
VOTE:UNANIMOUS
Motion carried.
at 9:45 p.m.
Councilman Burgess
Meeting adjourned
Regular Meeting, October 17, 1979
Page 13
Approved this /day of i/2-Wer4t......,1979.
ATTEST:
VIRGIN
Mayor
ISABEL C. BALLARD, CMC
City Clerk