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HomeMy WebLinkAbout1979-11-07 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING NOVEMBER 7,J979 A Regular Meeting of the City Council of Apache Junction was held on the 7th day of November, 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 7:00 p.m. at the Apache Junction City Hall. PLEDGE OF ALLEGIANCE Boy Scout Troup 184 led the pledge of allegiance. INVOCATION Councilman Shanks gave the Invocation. ROLL CALL Councilmembers Present: Mayor Virginia Seeman, Thomas Damiano, Marie Shanks, Jerry Burgess, Norman Hill, Jimmy Eidson Councilmembers Absent :Vice -Mayor John Granillo Staff Present : Ray Lee, City Manager Isabel Ballard, City Clerk Bill McDaniel, Director of Public Safety Joseph Gero, Director of Planning Mike Curtis, City Attorney Others Present : June Ohly, 2669 W. Gregory C.D. Owens, Attorney representing Johnny Below Zero Jan Trotter, Director of ROY Joel Ausland, 1804 W. Tepee Mr. Baljoe, 1070 Navajo Peggy Notson, Social Services Planner, CAAG ACCEPTANCE OF THE AGENDA ) Councilman Shanks asked for a waiver of the agenda for the purpose of making a specific procedural motion on the conduct of the Council meeting and asked that this motion be accepted as an agenda item as well as a motion for immediate action. Councilman Shanks MOVED that this Council meeting and all further Council meetings not exceed two and one half hours in duration. Regular Meeting - Nov. 7, 1979 Page 2 seconded the motion. VOTE:Unanimous Motion carried Eidson added an item under New Business. MOVED that the Agenda be accepted. seconded the motion. VOTE: Unanimous Motion carried. Councilman Hill Councilman Councilman Shanks Councilman Hill ACCEPTANCE OF MINUTES OF REGULAR MEETING OF OCTOBER 17, 1979 ) Councilman Shanks MOVED that the Minutes of the Regular Meeting of October 17, 1979 be accepted as presented. Councilman Damiano seconded the motion. VOTE: Yes:Marie Shanks, Jimmy Eidson, Thomas Damiano, Jerry Burgess, Mayor Virginia Seeman Abstain: Norman Hill Motion carried. ACCEPTANCE OF MINUTES OF SPECIAL MEETING OF OCTOBER 24, 1979 ) Councilman Damiano MOVED that the minutes of the Special Meeting of October 24, 1979 be accepted as presented. Burgess seconded the motion. VOTE: Unanimous Motion carried. Councilman Regular Meeting - Nov. 7, 1979 Page 3 AWARDS PRESENTATIONS AND COMMUNICATIONS PRESENTATION FOR DESIGN OF CITY SEAL ) Mayor Seeman presented an award to Mr. Kenneth Balcomb for his creation of the design of the Apache Junction City Seal. JAN TROTTER - PROGRAM DIRECTOR FOR YOUTH ACTIVITIES FOR APACHE JUNCTION AREA ) Councilman Burgess reported that he invited Mrs. Trotter to speak on a local program created for youth recreational activities in Apache Junction. Mrs. Trotter reported on the Community -School project, known as Project HOY (Helping Our Youth). She reported the way the project got started, their financial activities and the programs which have been offered to the City youth over the past year, and their projected plans for the coming year. It is her hope that the program will eventially be absorbed into the City under the Parks and Recreation Department. Councilman Burgess requested that the City Manager research the program and render an opinion to the Council. CALL TO THE PUBLIC (PETITIONS) )June Ohly, 2669 W. Gregory, Apache Junction, as spokesman for Cecile Ritter, Mary Lou Voller, and Eva Granillo, presented to Mayor Seeman a birthday gift in the form of a gavel set in appreciation for her leadership. CITY MANAGER'S REPORT ) City Manager Lee reported that the staff is presently working on outside funding for some Public Works equipment; a front loader, dump truck, and water truck. He further reported that a rough draft for the Business License Ordinance has been prepared and is ready for Council approval.City Manager Lee then called upon the Director of Public Safety to give an activity report. Chief McDaniel reported that the recent raid on the massage parlor was for prostitution and not under Ordinance No. 11, which was recently adopted, and was the result of a long investigation by the Pinal County Sheriff's Department, City of Florence Police Department, and the City of Apache Junction Police Department.The cases are pending in Court at this time, however, he has been informed that they intend to go the Superior Court to get a temporary restraining order against the City in order to go back into business.Chief McDaniel urged the citizens of Apache Junction to attend Judge McBride's court at 9:30 a.m. on Friday. Regular Meeting - Nov. 7, 1979 Page 4 Chief McDaniel read to the Mayor, Council, and citizens, a letter which he received from the Citizens for Decency Through Law, 450 Leader Bldg., Cleaveland, Ohio, congratulating him on his "crackdown" against nudity in taverns and massage parlors.Chief McDaniel thanked the Council for thier support and responsibility in these actions. PUBLIC HEARINGS LIQUOR LICENSE TRANSFER APPLICATION - JOHNNY BELOW ZERO ) Mr. C.D. Owens, representing Johnny Below Zero, introduced himself and indicated that he was present in response to a letter dated October 1, 1979 from the City of Apache Junction and requested the Council's approval on the Transfer of Liquor License. During discussion, Councilman Damiano pointed out that there was a correction to be made on the application. The application states that the nearest church is the Catholic Church, 15,840 feet.Councilman Damian() stated that there is a church closer than that; the John Calvin United Presbyterian Church. After a lengthy discussion on this item, Councilman Eidson MOVED that the Application for Transfer of Liquor License Person to Person of a Series 6 - On Sale Retailers License to Sell All Spirituous Liquor, be recommended for denial subject to the recommendation of the Director of Public Safety be and hereby is denied. Councilman Damiano seconded the motion. VOTE: Yes:Thomas Damiano, Norman Hill, Jimmy Eidson, Mayor Virginia Seeman No :Jerry Burgess, Marie Shanks Motion carried. Mayor Seeman instructed the City Clerk to include a cover page to include the information regarding the John Calvin United Presbyterian Church, with the distance involved and the Pinal County Sheriff's report. BINGO LICENSE - SIERRA LEONE MOBILE PARK ) Mr. Joel Ausland, 1804 W. Tepee, reported that he was present and requested approval on the Bingo License request. Councilman Shanks MOVED that the City Council approve and recommend to the Arizona Department of Revenue the qualified endoresement of the R.S. and Jan Minnick Small Game Bingo license to be conducted at the Sierra Leone Mobile Park located at 1804 W. Tepee in the City of Apache Junction.The qualification is that the applicant agrees that the building in which the bingo games will occur shall not have Regular Meeting - Nov. 7, 1979 Page 5 vehicles parked in the vicinity whereby they become a hazard to the public health, safety, and general welfare. Councilman Hill seconded the motion. VOTE: Unanimous Motion carried. UNFINISHED BUSINESS (TABLED ITEMS) REQUEST FOR REZONING, PZ-4-79 ) City Clerk Ballard reported that there were two requests to speak on Item #6. Mayor Seeman reported that itwas the Council's decision to close the public hearing on this item and in order to hold another public hearing it would be necessary to advertise another 15 days. Mr. Baljoe, 1070 Navajo, Acting Chairman of the Planning & Zoning Commission the night that PZ-4-79 was considered, introduced himself and indicated that he would be available to speak at the desire of the Mayor and Council. David Alexander, the second petitioner, was called upon but had no comments to add. Councilman Burgess MOVED that Petition PZ-4-79 for rezoning of the Southerly 68191 feet, more or less, of the North 268.91 feet, more or less, of the West 823.98 feet, more or less, of NW quarter of Section 19 tim, R8E from trailer homesite (TH) to General Business 2 (CB2), be and hereby is approved as recommended, and for reasons as stated by the Director of Planning. (Memorandum dated 10/31/79) Damiano seconded the motion. VOTE: Yes:Marie Shanks, Thomas Damian°, Norman Hill, Jerry Burgess, Jimmy Eidson No :Mayor Virginia Seeman Motion carried. Councilman Regular Meeting - Nov. 7, 1979 Page 6 PROPOSED ORDINANCE (NO. 12) REGARDING CITY ADMINISTRATION (PENDING EXECUTIVE SESSION ON PERSONNEL PORTION) )City Lee suggested that it is possible to discuss this matter at the same other personnel matters in conjunction with goals and objectives are as it is a personnel matter. decision of the Council to defer this item. OFF ROAD VEHICLE ORDINANCE (NO. 10) Manager time that discussed It was the ) Councilman Shanks reported that the Off Road Vehicle Ordinance Committee had met many times and it was their consensus that the Arizona State Revised Statutes has sufficient laws, regulations, and ordinances to cover all phases of the problems that can occur, and that time should be spent to educate the citizens of Apache Junction on what the laws and regulations are; to alert the parents of the ones that want to ride their bikes on or off the highway and on private property.With the help of our Police Department, we are going to prepare a phamplet that can be distributed to educate the public in regard to current laws.The Committee does not wish to propose an ordinance. EMPLOYEE PHYSICAL EXAMINATIONS ) City Clerk Ballard reported that she had contacted three medical clinics in the City and has submitted a report to the Mayor and Council for comparison.. The .Council reviewed and discussed the alternatives. Mayor Seeman suggested that the Council consider establishing a form that is perforated at the bottom, so that the patients record stays with the Physician and the release will go to the City for the personnel files. Councilman Shanks requested that a decision on this item be postponed until a report from Dr. Peck's office comes in. Mayor Seeman requested the City Clerk to check with the Apache Junction Medical Center and report back to the Council. NEW BUSINESS REQUEST FOR EXECUTIVE SESSION ON PERSONNEL NOVEMBER 21, 1979, 6:00 P.M. MOVED that an Executive Session regarding personnel No. 12, an Ordinance of the City of Apache Junction repealing chapter three of the Apache Junction City ) Councilman Hill and to discuss Ordinance relating to administration Code and adding sections Regular Meeting - Nov. 7, 1979 Page 7 3-1-1 through 3-11-1 and declaring an emergency be held on November 21, 1979 at 5:30 p.m. Councilman Shanks seconded the motion. VOTE:Unanimous Motion carried. Councilman Eidson MOVED that the City Manager be and hereby directed to prepare an ordinance for the control of adult pornographic movie houses and bookstores in Apache Junction. Councilman Shanks seconded the motion. VOTE:Unanimous Motion carried. TITLE XX PLANNING CONTRACT WITH CAAG ) Planning Director Joe Gero reported on a proposed contract with CAAG and introduced Peggy Notson, Social Services Planner, who was available to answer questions in regard to this program.The Planning Director recommends this program mainly because of the need for planning services for our senior citizens. After Council discussion, Councilman Shanks MOVED that a cash match in the amount of $757.00 to the Central Arizona Association of Government as the City of Apache Junction's proportional share for the local cash match of the Title XX program for the fiscal year 1980, be and hereby is approved. Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried. Peggy Notson reported that there will be a Public Meeting in Apache Junction and she will notify the Council as to when that meeting will be held. RESOLUTION 79-39, TITLE XX FUNDS ) Planning Director Joe Gero reported that since the time this was placed on the agenda, he has been told that there may have been a change in the need for this resolution and referred to Peggy Notson for a report on the status of this. Peggy Notson explained the reason that Resolution 79-39 was not necessary and Planning Director Joe Gero recommended the deferral of Resolution 79-39. The Council deferred this item. Regular Meeting - Nov. 7, 1979 Page 8 RESOLUTION 79-38, PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM ) Chief McDaniel recommended approval of Resolution 79-38 so that this department does not become a training ground for other agencies who do have a public safety personnel retire- ment system. He further reported that there are, at this time, several police organizations that are lobbying for legislation making it manditory for police and fire departments to be covered under the Public Safety Personnel Retirement System.It is Chief McDaniel's belief that if the City does not adopt this policy now, it will cost them much more when it becomes manditory in the future. Councilman Damiano MOVED that Resolution 79-38, a Resolution of the City Council of the City of Apache Junction, Arizona, authorizing the preliminary steps to be taken to become a participating employer in the Public Safety Personnel Retirement System on behalf of the full-time police officers of the City of Apache Junction, Arizona be and hereliy is approved as recommended by the Director of Public Safety. Councilman Hill seconded the motion. VOTE:Unanimous Motion carried. RESOLUTION 79-42, INDUSTRIAL DEVELOPMENT AUTHORITY ) City Manager Lee called upon Mr. Rishell to explain the proper steps and the City Council's position in our action to create this authority. Mr. Rishell reported that there has been a formal petition to the Mayor and City Council of Apache Junction for permission to form an Industrial Development Authority and it has been signed by three residence of Apache Junction; Mr. William Wright, Dorothy Johnson, and Ruby Forsberg. City Attorney Curtis advised the Council that the Revised Statutes provide for the creation of an independent corporation, which means that the independent corporation, under the laws of the State of Arizona, is a legal entity and there is no liability to the City except in three possible instances. 1)Where the new corporation is not properly formed and the City begins to participate in its actual management of the new corporation, 2)where the corporation is properly formed but not properly maintained and the City becomes involved in its conduct of the business, or 3)if the City is asked to and consents to underwriting guaranteeing, or in some way, lending its official credit. s Regular Meeting - Nov. 7, 1979 Page 9 City Attorney Curtis advised, further, that at this point there is no problem and it is perceived that there is no reason why the City Council, should it so wish to authorize the creation, could not do so free from liability because the documents which have been reviewed indicate that the corporation would be properly formed. City Attorney Curtis proposed that the City Attorney's office become a statutory agent, but not the attorney for, the Industrial Development Authority for the reason that to become the attorney for it would constitute a possible conflict of interest. He proposed that they become a statutory agent for the reason that the name of the City of Apache Junction is included in the name of the entity and any law suits that might be filed in the future, as long as the City Attorney's office was the statutory agent, even though the City would not be liable, the City would know whether there was a law suit, what it was about, and if there was any action to be taken by the City; the City would know independent of how the Industrial Development Authority was being run, keeping in mind that it will be run independent of the City. City Attorney Curtis reported that his office is personally familiar with the Attorney for the Pinal County Industrial Development Authority, Mr. R.J. Ellis, and recommendations as to the character in regard to the people who are involved with this are of a good nature. Councilman Damiano MOVED that Resolution 79-42, a Resolution of the City of Apache Junction, Pinal County, Arizona, regarding the incorporation of an Industrial Development Authority for the City of Apache Junction be and hereby is approved with Ruby Forsberg.; William Wright, Dorothy. Johnson, and the City Attorney will be designated as the statutory agent. Councilman Hill seconded the motion. VOTE: Unanimous Motion carried. REQUEST FOR SPECIAL MEETING ON NOVEMBER 13, 1979, 6:00 P.M. TO COMPLY WITH STATE REQUIREMENTS ON I.D.A. ) Councilman Shanks MOVED that a Special Meeting be held on November 13, 1979, 6:00 p.m. to comply with State requirements on the establishment of an Industrial Development Authority in regard to the appointment of a Board of Directors. seconded the motion. VOTE:Unanimous Motion carried. Mayor Seeman Regular Meeting - Nov. 7, 1979 Page 10 RESOLUTION 79-41, FEDERAL FLOOD INSURANCE PROGRAM ) Planning Director Joe Gero reported on the flood prone areas in Apache Junction and Government requirements which will have to be met by the City.The adoption of the regulations is essential to maintain an eligibility for the Community in the National Flood Insurance Program. Councilman Damiano MOVED the approval of Resolution 79-41, and the application form expressing the interest of the City of Apache Junction to participate in the National Flood Insurance Program and declaring an emergency. Hill seconded the motion. VOTE:Unanimous Motion carried. ORDINANCE NO. 13, AMENDMENT TO SECTION 11-1-2 OF THE CITY CODE (FIRST READING) Shanks requested the City Attorney to read the Ordinance. Curtis read as follows. Councilman ) Councilman City Attorney ORDINANCE NO. 13, 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. Be it ordained by the Mayor and the Common Council as follows: A.The Planning and Zoning Commission shall be composed of a total of seven members who shall be residents of the City.The members of the Commission shall be appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of three years, unless sooner removed by the Mayor with the approval of the Council, either with or without cause. The terms of the members shall be so that the terms of no more than three members shall expire in any one year.The initial appointments shall be for two members with terms beginning on July 1, 1979 and expiring on June 30, 1980; for two members with terms beginning on July 1, 1979 and expiring on June 30, 1981; and three members with terms beginning on July 1, 1979 and expiring on June 30, 1982. Thereafter, all members shall be appointed for full three year terms, except that in the event of death or resignation of a member the vacancy may be filled for the unexpired term. The term of all members shall extend until their successors are qualified; except that three successive unexcused or unexplained absences from any Regular or Special Meeting shall be ground for termination at the will and pleasure of the appointing officer without the necessity of a hearing or notice and such action shall be final. Regular Meeting - Nov. 7, 1979 Page 11 B.All members shall serve without pay. Members of the Commission may be reimbursed for actual expenses incurred in connection with their duties uponauthorizationor ratification by the Commission and approval of such expenditures by the Council. Councilman Burgess MOVED that Ordinance No. 13, 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 be and hereby is approved. Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried. ORDINANCE NO. 15, CREATING A BOARD OF THERAPY EXAMINERS (FIRST READING) ) Councilman Hill MOVED to adopt Ordinance No. 15, an Ordinance of the City of Apache Junction, Arizona amending Chapter 2 by adding Article 2-6 establishing a Board of Therapy Examiners and declaring an emergency. Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried. APPOINTMENT TO THE BOARD OF THERAPY EXAMINERS ) Councilman Hill MOVED that Lucy Mhun, Ross I. Greves, and Grace Cain be appointed to the Board of Therapy Examiners, term to expire on the first Wednesday of November, 1981. Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried. SUPERSTITION VILLA STREET IMPROVEMENTS ) Planning Director Joe Gero, as current Acting Director of Public Works, reported that several meetings ago we had a request for acceptance for certain street improvements within Superstition Villa and at that time it was unclear as to what was being requested of the Council, and proper documentation was not available at that time. Mr. Gero presented proper documentation to the Council along with his recommendation for approval of this request. Regular Meeting - Nov. 7, 1979 Page 12 Councilman Burgess MOVED to accept construction of those streets in Superstition Villa as set forth by map and memorandum submitted by Dashney, Steele and Jensen, Inc. Furthermore, the motion to accept incorporates by reference the inspection report as submitted by Mr. Charles Minter, Pinal County Highway Engineer. Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried. CLAIMS ) Mayor Seeman reported that the fifth item from the bottom on the list of claims should be corrected to read Mark S. Whitney, Public Defender, not Michael Moyle. There was a question as to whether the bill in the amount of $268.93 to Salt River Project should have been included and the matter was discussed by the Council. Councilman Burgess MOVED that the unpaid bills, in the amount of $16,670.00, minus $268.93 for Salt River Project, be paid to bring the City up to date as of November 1, 1979. Shanks seconded the motion. VOTE: Unanimous Motion carried. INFORMATION AND REPORTS UTILITY AND ROADWAY EASEMENTS IN GENERAL RURAL ZONING Councilman )Planning Director Gero reported that information given tonight on this issue is for information only. City Attorney Curtis added that any comments from the public are invited in regard to these utility roadway easements and that the City Attorney's office would be glad to respond to any citizens or their legal representatives in regard to this matter. REQUEST FOR TEMPORARY RELIEF FROM ZONING ORDINANCE - STAN & FRAN JOHNSON ) Mr. Harold H. Englin, 1155 W. Whitely Street, stated the reasons for the request for temporary relief on the part of the Johnson's. Regular Meeting - Nov. 7, 1979 Page 13 Planning Director Joe Gero reported that as a City Official he has an obligation to uphold those Ordinances that the City has adopted and that this case presents a problem because the present policies do not have an "out" when you have a hardship, it does not give administrators a way to vary and there has been no adoption of a policies or proceedures which should be utilized to consider the abandonment of a public street or way. It is for this reason that there is the creation of a problem for not only Mr. Englin and theJohnson_'s but for several other people whom-information has been presented on tonight. Planning Director Joe Gero stated that these documents are being worked on and that it will be the decision of the Council if it wants to authorize the staff to grant certain relief and a street abandonment is being worked on now for presentation. City Attorney Curtis reported that the Council could authorize a temporary variance, for a period not to exceed a reasonable amount of days within which time either the Council will adopt an abandonment or the variance will expire and they will be declared in violation of the Ordinance and their tenancy will be terminated. This would allow them some temporary relief; put them on notice that the City is not committing anything; not guaranteeing that the City will do anything to accommodate them, but only that they will consider doing something; and providing a reasonable amount of time in which the City can study the matter and undertake to act to solve a problem; and, lastly, not to create what is called "special legislation for special people." PETITION FOR ROAD ABANDONMENT ) Planning Director Joe Gero reported on this item, highlighting the differences in regard to the prior request, indicating that there was a late letter submitted to the Council which was more comparable to the above mentioned problem. Mayor Seeman directed the City Manager, Planning Director, and City Attorney to report back to the Council within 90 days proceedures for temporary relief from the Zoning Ordinance for emergency cases. REQUESTS OF COUNCIL ) Mayor Seeman requested that a work session be scheduled to work on a Business License Ordinance. City Manager Lee reported that the first draft on the Ordinance for Business Licenses is ready for review by the Council and will be put into packets and will be available in the Councilmen's mailboxes. Regular Meeting - Nov. 7, 1979 Page 14 Councilman Burgess requested information regarding the work on the highway, which appears to have stopped at this time. Planning Director Joe Gero reported that he has just sent a letter to the District Office in Globe requesting that they respond as to the schedules, therefore, the matter has been taken care of. Mayor Seeman MOVED that the City Manager be and hereby is authorized to provide a check in the amount of $500.00 to the Chamber of Commerce to advertise the City of Apache Junction for the fiscal year 1979-80 as per the Arizona Revised Statute 9-193. Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried. Councilman Damian() MOVED that the City Council call a Special Work Session on the Federal Flood Insurance Program for 7:00 p.m., November 27, 1979 at the City Hall Council Chambers. Further, invitations shall be to the Planning & Zoning Commission, Board of Adjustments, the Advisory Committee and the news media. Councilman Shanks seconded the motion. VOTE:Unanimous Motion carried. Councilman Damiano reported that the Advisory Committee has planned a Town Hall Meeting on land use, to be held Wednesday, November 14, 1979 at the City Hall at 7:00 p.m. and invited the citizens to attend. Councilman Damian() expressed his appreciation to those people who wrote and supported the Council in regard to the massage parlor. ADJOURNMENT ) Councilman Damiano MOVED to adjourn. seconded the motion. Councilman Shanks Regular Meeting - Nov. 7, 1979 Page 15 VOTE:Unanimous Motion carried. was adjourned at 9:45 p.m. Approved thisZW24(1t-ay of V;LZoxr.g4e-, 1979. VIRGIqA M. SEE Mayor ATTEST: ISABEL C. BALLARD, CMC City Clerk Meeting