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HomeMy WebLinkAbout1980-01-16 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING JANUARY 16, 1980 A Regular Meeting of the City Council of Apache Junction was held on the 16th day of January 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. INVOCATION Councilman Shanks gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Hill led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Virginia Seeman, Vice -Mayor John Granillo Jerry Burgess, Thomas Damian°, Jimmy Eidson, Norman Hill, Marie Shanks Councilmembers Absent :None Staff Present Others Present • :Ray Lee, City Manager Isabel Ballard, City Clerk Joe Gero, Director of Planning Mike Curtis, City Attorney :Lester Snow, CAAG Adam M. Ysaguirre, 115 N. Main, Coolidge Robert Dugger, 710 S. Lawson Roy Hudson, 2084 W. 9th Ave. ACCEPTANCE OF THE AGENDA ) Vice -Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE AGENDA BE ACCEPTED AS PRESENTED. the motion. VOTE:Unanimous Motion carried. Councilman Hill seconded Regular Meeting - Jan. 16, 1980 Page 2 ACCEPTANCE OF THE MINUTES OF THE REGULAR MEETING OF JANUARY 2, 1980 ) )Councilman Shanks 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 JANUARY 2, 1980, BE ACCEPTED AS PRESENTED. VOTE:Unanimous Motion carried. AWARDS PRESENTATIONS AND COMMUNICATIONS CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS (CAAG) -EXISTING LAND USE STUDY Lester Snow of CAAG to give his presentation. ) )Mayor Seeman called upon Lester Snow presented the final land use map to the Council and gave a brief report on the preparation of the map, explaining the overlays and the cooperation with OEPAD. Jeff Ferand reported on the project further, indicating that the individual parcels of information which was gathered during this project is available at all times to the Council for their use. PROCLAMATION - NATIONAL FLOOD INSURANCE PROGRAM ) )Mayor Seeman reported that this is a proclamation that the National Flood Insurance has asked her to sign and she asked Planning Director Gero if he had anything to add. Planning Director Gero reported that the first thirty days that the City is on the Federal Flood Insurance Program, an individual may purchase the flood insurance package and it will be effective the day following that purchase; once that first thirty days has expired, then you must wait five days following the date of the purchase before it becomes effective.This proclamation is a method of making the citizens of Apache Junction aware that the opportunity to purchase this insurance is available to them. proclamation in its entirety. CALL TO THE PUBLIC (PETITIONS) Mayor Seeman read the ) )NONE CITY MANAGER'S REPORT ) )City Manager Lee called upon the Planning Director to give a brief outline of present negotiations with the State Land Department. Regular Meeting - Jan. 16, 1980 Page 3 Planning Director Gero reported that the City's request of some weeks ago was sidelined by the Deputy Director of the State Land Department because it is his opinion apparently that the 100 acre site is too large and they would consider the City to be land banking and because the State did not communicate this to us, we had to find out for ourselves what the apparent problem is. Planning Director Gero reported further that there had been a change in personnel at the State Land Department and that there was apparently a breakdown in communication between the former personnel and the people that are currently in office, therefore, they are under the opinion that we must purchase the total site at one time; our previous agreement with them was that we would be purchasing a portion of the site and purchasing the rest of it as our needs grow. Having conferred with our Attorney, we will initiate certain actions on the City's behalf to try to expedite this. City Manager Lee reported that the Director of Public Safety now has three vehicles in operation and is proceeding with their goals and objectives. PUBLIC HEARINGS LIQUOR LICENSE HEARING -DAIRY BURGER CORRAL )Mayor Seeman announced that the public hearing for Liquor License for the Dairy Burger Corral was open and asked if the applicant Douglas V. Wilson or Genora G. Wilson were present and wished to speak. Mr. Douglas Wilson, 201 S. 91st St., Mesa spoke on his own behalf. The Council had a brief discussion with Mr. Douglas in regard to his application. Mayor Seeman closed the hearing to the public. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE ORIGINAL APPLICATION FOR SPIRITUOUS LIQUOR LICENSE, SERIES #8, ON -SALE RETAILER'S LICENSE TO SELL BEER BY INDIVIDUAL PORTIONS AND IN INDIVIDUAL CONTAINERS, BY APPLICANTS DOUGLAS V. WILSON AND GENORA G. WILSON, BE AND IS HEREBY RECOMMENDED FOR DENIAL TO THE DEPARTMENT OF LIQUOR LICENSE AND CONTROL. seconded the motion. VOTE:IN FAVOR:Councilman Damiano Councilman Eidson Councilman Shanks Councilman Eidson Regular Meeting - Jan. 16, 1980 Page 4 OPPOSED:Councilman Burgess Councilman Hill Vice -Mayor Granillo Mayor Seeman Motion failed. Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE ORIGINAL APPLICATION FOR SPIRITUOUS LIQUOR LICENSE, SERIES #8, ON -SALE RETAILER'S LICENSE TO SELL BEER BY INDIVIDUAL PORTIONS AND IN INDIVIDUAL CONTAINERS, BY APPLICANTS DOUGLAS V. WILSON AND GENORA G. WILSON, BE AND IS HEREBY RECOMMENDED FOR APPROVAL TO THE DEPARTMENT OF LIQUOR LICENSE AND CONTROL. VOTE:IN FAVOR: Councilman Burgess Councilman Eidson Councilman Hill Vice -Mayor Granillo Mayor Seeman OPPOSED : Councilman Damian° Councilman Shanks Motion carried. UNFINISHED BUSINESS (TABLED ITEMS) ORDINANCE NO. 17, HALBERT ANNEXATION )Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE HALBERT ANNEXATION REQUEST, INCLUDING ORDINANCE NUMBER 17, BE REMOVED FROM THE TABLE. seconded the motion. VOTE:Unanimous Motion carried. Councilman Damiano Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT THE READING OF ORDINANCE NUMBER 17 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. seconded the motion. VOTE:Unanimous Motion carried. Councilman Burgess Regular Meeting - Jan. 16, 1980 Page 5 Mayor Seeman called upon the City Clerk to read the title of Ordinance Number 17. City Clerk Ballard read as follows. Ordinance Number 17, an Ordinance of the City of Apache Junction, Arizona, Extending and Increasing the Corporate Limits of the City of Apache Junction Into Maricopa County, State of Arizona, Pursuant to the Provisions of Title 9, Chapter 4, Article 7, Arizona Revised Statutes and Amendments Thereto, by Annexing thereto Certain Territory Previously Unincorporated and Contiguous to the Existing City Limits of the City of Apache Junciton, Arizona. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT ORDINANCE NUMBER 17, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION INTO MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY PREVIOUSLY UNINCORPORATED AND CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION, ARIZONA BE AND IS HEREBY ADOPTED. Councilman Shanks seconded the motion. VOTE:IN FAVOR: Councilman Eidson Councilman Shanks Councilman Burgess Councilman Damian() Mayor Seeman OPPOSED : Councilman Hill Vice -Mayor Granillo Motion carried. NEW BUSINESS RESOLUTION NO. 80-1, CENTRAL ARIZONA PROJECT )Planning Director Gero explained the map enclosed in the packet materials and proposed that the City of Apache Junction would like to support Pinal County's effort to obtain a bridge at the Salt -Gila aqueduct and Baseline Road. Vice -Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT RESOLUTION NUMBER 80-1, A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING SUPPORT FOR Regular Meeting - Jan. 16, 1980 Page 6 THE REQUEST TO THE CENTRAL ARIZONA PROJECT BY THE BOARD OF SUPERVISORS OF PINAL COUNTY, ARIZONA, THAT A BRIDGE BE CONSTRUCTED AT THE CROSSING OF THE SALT-GILA AQUEDUCT (CENTRAL ARIZONA PROJECT) AND BASELINE ROAD, BE AND HEREBY IS APPROVED. Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried. ORDINANCE NO. 20, PERTAINING TO PROSTITUTION (SECOND READING) )Mayor Seeman called upon Robert Dugger by his "Request to Speak" on proposed Ordinance Number 20. Mr. Robert Dugger, 710 S. Lawson, Apache Junction reported that he was not concerned with prostitution and feels that this Ordinance is not necessary and is a waste of tax dollars. Councilman Eidson reported that at the last Council Meeting, Mr. Dugger had asked that a written statement from him be read aloud and asked Mr. Dugger if he was representing the Libertarian Party with his statements. Mr. Dugger replied that he was representing himself personally and the Libertarian Party. Councilman Eidson asked Mr. Dugger if he were speaking for Mr. Saggio. Mr. Dugger said that he was not, but that Mr. Saggio had joined the Libertarian Party four weeks ago. Councilman Eidson brought to the attention of the people and the press that the Party and Mr. Dugger does speak in favor of prostitution.He further reported that the first step to drug problems, etc. is the allowance of things like prostitution, and that you are either for it or against it. Mr. Dugger compared prostitution with drugs and gambling and said he felt that it was not up to the law to regulate these things. Mayor Seeman called upon Mr. Roy Hudson by his "Request to Speak" on Ordinance No. 20. Mr. Roy Hudson, 2084 W. 9th Avenue, reported that he has been a citizen of Apache Junction for 20 years and reported that the Junction has never had any problems with prostitution, yet not long after the City incorporated, a massage parlor moved Regular Meeting - Jan. 16, 1980 Page 7 in and not too long after that, in moved a group of people who called themselves the Libertarian Party in support of prostitution and saying that law inforcement officers are probably people who take bribes. Mr. Hudson further reported that he was there to say that he supports Ordinance Number 20 and he feels that the majority of the people in Apache Junction have a lot of respect for Councilman Eidson and Councilman Hill for speaking out on this problem. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING OF ORDINANCE NUMBER 20 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried. Mayor Seeman called upon the City Clerk to read the title of Ordinance Number 20. City Clerk Ballard read as follows. Ordinance Number 20, an Ordinance of the Common Council 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. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT ORDINANCE NUMBER 20, AN ORDINANCE OF THE COMMON COUNCIL 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 AND HEREBY IS ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous Motion carried. Mayor Seeman reported that the Council had requested a break and that they would break at this time for 15 minutes. Mayor Seeman called the meeting back to order. Regular Meeting - Jan. 16, 1980 Page 8 ORDINANCE NO. 27, AMENDMENT TO ZONING ORDINANCE, SECTION 439 )Planning Director Gero briefed the Council on the different categories on lots that fall under the zoning code, i.e., those with street frontage and those without; indicating that the current definition in the code book, regarding Section 439, is confusing and is creating problems and, thus, he is recommending the passage of this Ordinance, with the emergency clause. Councilman Damiano MOVED THAT BE IT RESOLVED THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING OF ORDINANCE NUMBER 27 BE READ BY TITLE ONLY, AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Eidson seconded the motion. VOTE:Unanimous Motion carried. Mayor Seeman called upon the City Clerk to read Ordinance Number 27 by title only. City Clerk Ballard read as follows. Ordinance Number 27, an Ordinance of the City of Apache Junction, Arizona, Amending Section 439 of the Zoning Ordinance, Repealing any Conflicting Provisions; Providing for Severability; and Declaring an Emergency. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT ORDINANCE NUMBER 27, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING SECTION 439 OF THE ZONING ORDINANCE; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY BE AND HEREBY IS APPROVED. seconded the motion. VOTE:Unanimous Motion carried. ORDINANCE NO. 28, AMENDMENT TO ZONING ORDINANCE, SECTION 2001 (e) (11) Councilman Hill Planning Director Gero reported that this section has had a public hearing before the Planning and Zoning Commission; they unanimously recommend approval of this Ordinance.He further explained the Ordinance and the need for it to the public and the Council. Regular Meeting - Jan. 16, 1980 Page 9 Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING OF ORDINANCE NUMBER 28 BE READ BY TITLE ONLY, WITH THE EMERGENCY CLAUSE, 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 Number 28. City Clerk Ballard read as follows: Ordinance Number 28, an Ordinance of the City of Apache Junction, Arizona, Amending Section 2001, Subsection (e) (11) of the Zoning Ordinance; 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, ARIZONA THAT ORDINANCE NUMBER 28, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING SECTION 2001, SUBSECTION (e) (11) OF THE ZONING ORDINANCE; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY, BE AND IS HEREBY APPROVED. Councilman Hill seconded the motion. VOTE:Unanimous Motion carried. ORDINANCE NO. 29, REZONING (FIRST READING) )Mayor Seeman pointed out that this item had already been heard before the Planning and Zoning Commission. Planning Director Gero reported that it is scheduled for a public hearing during the next regular meeting of the City Council. Mayor Seeman called upon the City Clerk to read the title of Ordinance No. 29 for the first reading. read as follows. City Clerk Ballard Regular Meeting - Jan. 16, 1980 Page 10 Ordinance Number 29, An Ordinance of the City of Apache Junction, Arizona, Amending the Zoning Map; Repealing Any Conflicting Provisions; and Providing for Severability. ORDINANCE NO. 26, PLANNING AND ZONING COMMISSION QUORUM REQUIREMENTS )Mayor Seeman reported that this Ordinance is proposed to increase the quorum of voting members to five rather than four. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING OF ORDINANCE NUMBER 26 BE READ BY TITLE ONLY, WITH THE EMERGENCY CLAUSE, 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 No. 26 by title only, with the emergency clause. City Clerk Ballard read as follows. Ordinance Number 26, An Ordinance of the City of Apache Junction, Arizona, Amending the City Code, Section 11-1-6, Relating to Voting by the 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, ARIZONA THAT ORDINANCE NUMBER 26, AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIOZNA, AMENDING THE CITY CODE, SECTION 11-1-6, RELATING TO VOTING BY THE PLANNING AND ZONING COMMISSION; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, BE AND IS HEREBY APPROVED. seconded the motion. VOTE: Unanimous Motion carried. Councilman Shanks Regular Meeting - Jan. 16, 1980 Page 11 EXECUTIVE SESSION, FEBRUARY 6, 1980,6:00 P.M. )Councilman Eidson 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 6th DAY OF FEBRUARY, 1980, 6:00 P.M. Councilman Damiano seconded the motion. VOTE:Unanimous Motion carried. INFORMATION AND REPORTS )Mayor Seeman announced the new Chairman of the Planning and Zoning Commission is George Baljoe, and the Vice -Chairman is Art Strange. Mayor Seeman reported that at the request of Council, talent bank applications were accepted to fill a vacancy on the Planning & Zoning Commission, and with the Council's approval, Mayor Seeman requested appointment of Ilene Taylor as a member to the Commission with an expiration date of June 30, 1980 on her term. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT ILENE TAYLOR BE HEREBY CONFIRMED TO BE AND IS HENCEFORTH APPOINTED "MEMBER" OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF APACHE JUNCTION FOR THE TERM TO END JUNE 30, 1980. Councilman Hill seconded the motion. VOTE:Unanimous Motion carried. Mayor Seeman called upon Mr. Adam M. Ysaguirre by his "Request to Speak." Mr. Adam M. Ysaguirre, 115 N. Main St., Coolidge, introduced himself as a member of the Central Arizona Association of Governments (CAAG), and announced that there would be an election Friday, January 18 at 7:00 p.m., at this same meeting place, to elect a representative to send to the Human Resources Committee and stated that everyone is welcome to attend.He stressed the point that this election is, however, for low income people. Councilman Hill requested the staff to prepare an amendment to the 1979 Plumbing Code to eliminate the requirement of a three-inch stack because this creates a requirement for a six-inch wall, which he feels is not necessary.He would like to have it amended to read the same as the 1976 Code. Regular Meeting - Jan. 16, 1980 Page 12 City Manager Lee stated that there will be an amendment for Council consideration at the next meeting. Councilman Damiano requested an investigation of the North-East corner of Broadway and Ironwood, as it appears that the construction crew that was laying pipe for the Arizona Water Company has left a broken down trailer, old truck, and miscellaneous trash in the area and he would like it cleaned up. the meeting at 8:41 p.m. Approved this ATTEST: Mayor Seeman adjourned day of Q....4e4 eeee47 , ,1980. ude,VIRGTA SEEMAN Mayor ISABEL C. BALLARD, CMC City Clerk