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HomeMy WebLinkAbout1980-07-02 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING JULY 2, 1980 A Regular Meeting of the City Council of the City of Apache Junction,was held on July 2, 1980, 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 Marie Shanks gave the Invocation. PLEDGE OF ALLEGIANCE Vice -Mayor John Granillo led in the Pledge of Allegiance. ROLL CALL Councilmembers present:Mayor Virginia Seeman,Vice -Mayor John Granillo, Thomas Damiano,Norman Hill,and Marie Shanks. Councilmembers absent:Jerry Burgess and Jimmy Eidson. Staff present: Others present: G.Ray Lee,City Manager Rich Oesterle, City ClerkMarlisDavis,Director of Administrative Services Joe Gero,Director of Planning Richard Broman,Director of Public Works Michael Curtis, City Attorney Susan Goodwin,Assistant City Attorney Robert Dugger,1484 W.Apache Trail,Apache Junction Joe Saggio,543 N.Ironwood,Apache JunctionLillianCastro,1381 W. Roundup Rd.,Apache Junction George Baljo,1070 E.Navajo,Apache Junction Don Brooke,1532 W. Palomino Lane,Apache Junction Earl E. Laabs Jr.,370 E.12th Ave.,Apache Junction Peggy Baljo,1070 E.Navajo,Apache JunctionPhilRichardson,272 W.Teepee,Apache Junction Roger Hall,1029 E.Mesquite,Apache Junction Ross Greves,1570 S.Coconino,Apache Junction Joe Morvak,1224 S.Doran,Mesa ACCEPTANCE OF THE AGENDA ) Councilman Shanks 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. CITY COUNCIL MINUTES REGULAR MEETING 7/2/80 Page 2 ACCEPTANCE OF THE MINUTES OF REGULAR MEETING OF JUNE 18,1980 ) ) Councilman Damiano amended the minutes to reflect that Mr.Robert Dugger's petitions presented on Ordinance No. 34 were not signed by Mr.Dugger,and furthermore approximately 39 signatures were not residences of the City of Apache Junction,rather they were residences_of Pinal County, Maricopa County,City of Mesa,and Higley Arizona. 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 JUNE 18,1980 BE AND HEREBY ARE ACCEPTED AS AMENDED. Councilman Hill seconded the motion. VOTE:Unanimous Motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS ) ) Mayor Seeman presented aCertificateof Recognition to Clay Worst and George Baljo for volunteering their time and resources to inventory the 12 square miles of the streets within the City Limits. Through their efforts approximately 450 locations were identified as needing street signs.Based on their data the City has successfully obtained a grant of $54,049 to place uniform street signs throughout,the City.Upon the approval of a successful bidder by the City Council,the project will begin. Mayor Seeman brought,to,theattentionoftheCouncilandaudiencethattheemergencygenerator was brought on line and load tested on July 1, 1980 for the Department of Public Safety,allowing power to be supplied to Police Building and Public Works during the event of a power outage. Mayor Seeman explained the cost effectiveness in acquiring the emergency generator. CITY MANAGER'S REPORT ) )City Manager,Ray Lee called on the Director of Public Works to give a drainage report. Director of Public Works, Richard Broman reported on the sidewalk design for the City Hall Complex and pointed out the provisions made for the handicapped.He also stated that the City Hall Complex was designed for drainage and i t appears that -there were no problems on drain- age during the recent storms. City Manager,Ray Lee,called on the Director of Planning to discuss the planning schedule on the Parking and Load- ing issue. Director of Planning,Joe Gero reported that the staff is in the process of finalizing the review of Ordinance No. 34 as requested by the City Council at the last Council meeting.Staff has asked the Planning Commission to place a discussion item on their agenda for next Tuesdaynightat7:00 p.m. The Planning Commission will informally discuss and prepare a recommendation to the City council for the next regular meeting. City Manager,Ray Lee '' CITY COUNCIL MINUTES REGULAR MEETING 7/2/80 Page 3. Mrs.Lillian Castro commented on the outbrusts at recent Council meetings by certain individuals;spoke in favor of the Business License Ordinance;stated the costs of the recall movement; spoke against the movement on un-incorporating the City of Apache Junction;and made comparisons on the business license fee schedule proposed by the City of Apache Junction and the recommendations made by the Ad Hoc Committee on the business license fee schedule. Mrs.Castro futher stated that the City will grow,and we must rally together support-ing our local elected officials. Mr.George Baljo,represent-ing a number of homeowners read six statements as follows:(1)I t is time for the businessmen,many of whom are not residences of our City to help shoulder the burden of paying for our fine City,City of Apache Junction.(2)We are sick and tired of some very vocal people,many ofwhomare not residences of our City,trying to bulldoze our Council into making irrational, non-productive, unenforceable ordinances to govern our fine City.(3)We do not believe in the axiom "Do your own thing",that everybody should be allowed to do anything they desire,and thereby be able to infringe on therightsof law abidding citizens by having non-existant or very weak ordinances.This would allow them to further their own beliefs at the expense of citizens who want toliveina well run and governed community.(4)We are opposed to a future City property and homeowner tax,and we back our present City Council in their endeavor to passlegislationthat would make this tax unnecessary in the future.(5)We do not want any and all types of business in our community,as advocated by many present herethisevening, we want our ordinances to be selective.(6)We want Apache Junction to remain incorporated and governed in a manner that will protect our investments and promote future controlled,orderly,and well planned growth.Our City will grow regardless of what our present Council,and certain very vocal citizens do or say. We do not want this growth to be allowed in a haphazard,uncontrolled environment. Now let i t be known, that we the home and property owners of Apache Junction,willinstitutea boycott of all businesses that indicate non-support of a_resonable andjustbusinesslicenseordinancebyaffixingtheirsignaturesto a referendum to appealor distort Ordinance No.50. Mr.Don Brooke commentedthathe is opposed to the fee schedule of Ordinance No.50;stating that the Council is ignoring the recommendation of the Ad Hoc Committee and an equal fee for all would be a just fee. Councilman Shanks statedthatsheagreed with an equal fee schedule.A sixty-five dollar fee accross the board would be enough to pay for the paper work the first year,then i t should drop the following year. Mr.Earl Laabs Jr.requestedthattheCityCouncilrepealOrdinanceNo. 18 in its entirety,however i f that is not the consideration he requested that the City Council consider a flat fee of $10.00 a year for every business.Mr.Laabs further suggested that a service fee should be charged per square footage or gross receipts for their police and fire protection. Mr.Laabs further stated that the $45.00 fee is too high for the sub -contractors coming into town for small jobs. Mr.Saggio requested thatthe Attorney's contract be read out loud in its entirety.Mr.Saggio stated thathe will speak on the other items when they come up. Mrs.Peggy Baljo stated that she supports the business license fee schedule,and mentioned some alternatives. Mr.Phil Richardson stated CITY COUNCIL MINUTES REGULAR MEETING 7/2/80 Page 4 Mr.Ross Greves speakingonthebehalf of the Chamber of Commerce as President stated that the Business Licenses will not generate enough revenue to qualify not having a property tax orsubsidizingit,and that the City Council is driving people out.Mr.Greves further stated that yes we need this ordinance and yes the Chamber did ask for it,but this is not what we asked for. to speak on the items as they came up.Mr.Robert Dugger requested Mr.Joe Morvak stated thatthereare many from out of the City Limits that are contributing to the growth and are interested in the growth of this City.However,people in this category do andwillprovideaviablepart of the growth of this City and would like to be included. Mr.Morvak further commented that he understood the business license fee was orginially intended to monitor the City Sales Tax. PUBLIC HEARINGS ORDINANCE NO.46,AMENDING ZONING ORDINANCE (SECOND READING) Mayor Seeman opened thepublichearingforproposed Ordinance No.46,PZ-8-80.Mayor Seeman called upon the Planning Director to brief the City Council. )) Planning Director,JoeGero,referred to sections 803 and 805 and briefed the City Council on the problemsthisOrdinance would solve. Mayor Seeman asked if there was anyone in the audience that wished to speak in favor of the Ordinance. (No response.) Mayor Seeman asked if there was anyone in the audience that wished to speak in opposition of the Ordinance. (No response.) the Planning Director for his recommendation. Mayor Seeman called upon Planning Director,Joe Gero,stated that he concurrs with the Planning Commission recommendations and he also recommends the approval of this Ordinance. hearing to the public.Mayor Seeman closed the Vice -Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING OF ORDINANCE NO.46,BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. the motion. VOTE:Unanimous Motion carried. Councilman Damiano seconded CITY COUNCIL MINUTES REGULAR MEETING 7/2/80 Page 5 Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT ORDIANCE NO.46,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING SECTIONS 803, 805,AND 2001 (E)(11);PROVIDING FOR SEVERABILITY, BE AND HEREBY IS ADOPTED. Councilman Hill seconded the motion. VOTE:In favor:Councilman Hill Councilman Damiano Vice -Mayor Granillo Mayor Seeman Opposed: Motion carried. Councilman Shanks ORDINANCE NO.50,BUSINESS LICENSE FEE SCHEDULE (SECOND READING) Mayor Seeman gave a history on the Business License Ordinance. Vice -Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE READING OF ORDINANCE NO.50,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano secondedthe motion. VOTE:Unanimous Motion carried. Mayor Seeman called upon the City Clerk to read the title of Ordinance No.50. City Clerk,Rich Oesterle read as follows: ORDINANCE NO.50 AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA AMENDING ARTICLE 8-5,BUSINESS OCCUPTIONAL LICENSE TAX OF THE CITY CODE BY ADDING SECTION 8-5-4,SCHEDULE;REPEALING ANY CONFLICTING PRO- VISIONS AND PROVIDING FOR SEVERABILITY. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT ORDINANCE NO.50,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA AMENDING ARTICLE 8-5,BUSINESS OCCUPATIONAL LICENSE TAX OF THE CITY CODE BY ADDING SECTIONS 8-5-4,SCHEDULE:REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY BE AND HEREBY IS DENIED. Motion failed due to no second. Vice -Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT ORDINANCE NO.50,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA AMENDING ARTICLE 8-5,BUSINESS OCCUPATION LICENSE TAX OF THE CITY CODE BY ADDING CITY COUNCIL MINUTES REGULAR MEETING 7/2/80 Page 6 REFERENDUM MEASURE,ORDINANCE NO.50 ) Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE CITY CLERK BE AND HEREBY IS DIRECTED TO PERFORM ALL ACTS NECESSARY AND REQUIRED TO REFER ORDINANCE NO.50,ENACTED BY THE APACHE JUNCTION CITY COUNCIL ON JULY 2, 1980, TO A VOTE OF THE PEOPLE PURSUANT TO ARTICLE 4,SECTION 1 OF THE ARIZONA CONSTITUTION AND THE ARIZONA REVISED STATUTES,AT THE NEXT REGULAR MUNICIPAL ELECTION. Councilman Shanks secondedthe motion. VOTE:Unanimous Motion carried. ORDINANCE NO.51,SWAP MEETS (SECOND READING) )Vice -Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING OF ORDINANCE NO.51,BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill secondedthe motion. VOTE:Unanimous Motion carried. Mayor Seeman called upontheCityClerktoreadthetitleof Ordinance No. 51 for the second reading. City Clerk,Rich Oesterle read as follows: ORDINANCE NO.51 AN ORDINANCE OF THE CITY OF APACHE JUCNTION, PINAL COUNTY,ARIZONA,PROVIDING FOR THE GOVERNING OF OPERATIONS OF SWAP MEETS;AMENDING CHAPTER 8 AND ADDING ARTICLE 8-6;AND PROVIDING FOR PENALTY CLAUSE AND SEVERABILITY CLAUSE. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT ORDINANCE NO.51,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA PROVIDING FOR THE GOVERNING OPERATIONS OF SWAP MEETS:AMENDING CHAPTER 8 AND ADDING ARTICLE 8-6;AND PROVIDING FOR PENALTY CLAUSE AND SEVERABILITY CLAUSE BE AND HEREBY IS ADOPTED. Councilman Hill secondedthe motion. VOTE:In favor:Councilman Damiano Councilman Hill Vice -Mayor Granillo Mayor Seeman Abstained:Councilman Shanks Motion carried. AWARD OF LIABILITY INSURANCE Councilman Damiano MOVED CITY COUNCIL MINUTES REGULAR MEETING 7/2/80 Page 7 Motion carried. APPROVAL OF CITY ATTORNEY CONTRACT Mayor Seeman commentedthattheCity Attorney Contract has been available for thirty days to the public and therefore denied Mr. Saggio's request that i t be read in full. Mr.Joe Saggio questioned the amount of last year's contract vs.the amount paid the City Attorney for the year. Mayor Seeman explained that in order to answer Mr. Saggio's question,she would have to go through thebillsonfileandthathecoulddothesamething. Vice -Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE CONTRACT OF EMPLOYMENT BETWEEN THE CITY OF APACHE JUNCTION AND MICHAEL A.CURTIS FOR THE TERM COMMENCING JULY 1, 1980 AND JUNE 30,1981 BE AND HEREBY IS APPROVED;AND BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY MANAGER BE AND HEREBY ARE AUTHORIZED AND DIRECTED TO EXECUTE SAID CONTRACT. the motion. VOTE:In favor: Opposed: Motion carried. Councilman Hill Councilman DamianoVice -Mayor Granillo Mayor Seeman Councilman Shanks Councilman Hill seconded APPOINTMENT OF LIBRARY BOARD ) Mayor Seeman MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT ELEANOR J. LEWIS,ELIZABETH BURKS,HAZEL ELDRIDGE,LILLIAN CASTRO, JAN HILL,AND DONALD A.TAYLOR BE AND HEREBY ARE APPOINTED CITY OF APACHE JUNCTION LIBRARY TRUSTEES. VOTE:Unanimous Motion carried. ORDINANCE NO.52,AMENDING ADMINISTRATION AND PROCEDURES (FIRST READING) ) Mayor Seeman asked Mr. Saggio i f he wanted to speak at this time.Mr.Saggio declined to speak. Vice -Mayor Granillo requested that the City Clerk read the memorandum. City Clerk,Rich Oesterle read the July 2,1980,Memorandum,Subject:Agenda Item No.10,Ordinance No. 52. Mayor Seeman called upon CITY COUNCIL MINUTES REGULAR MEETING 7/2/80 Page 8 ORDINANCE NO.54 DISRUPTION OF MEETINGS (FIRST READING)) ) Mayor Seeman explainedthatthisisthefirstreadingandcalleduponMr.Dugger. Mr.Robert Dugger commented that he hoped that this ordinance does not keep citizens away from the City Council meetings. Mayor Seeman called upon the City Clerk to read the title of Ordinance No.54. City Clerk,Rich Oesterle, read as follows: ORDINANCE NO.54 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA AMENDING CHAPTER 2 OF THE CITY CODE BY ADDING SECITONS 2-2-7,ADDRESSING THE COUNCIL;2-2-8,DISRUPTION OF MEETING;AND 2-2-9,PENALTY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR SEVERABILITY. EXECUTIVE SESSION,JULY 16,1980,6:00 P.M. ) )Vice -Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT AN EXECUTIVE SESSION REGARDING PERSONNEL AND LEGAL ADVICE BE HELD ON THE 16TH DAY OF JULY,1980, 6:00 P.M. IN THE CITY MANAGER'S CONFERENCE ROOM. Councilman Hill seconded the motion. VOTE:Unanimous Motion carried. INFORMATION AND REPORTS ) ) Mayor Seeman announced that the budget has been discussed on KSTM for the last six weeks. Councilman Damiano statedthatonthecontraryto what was said this evening, the Public Hearing was published in both the Apache Sentinel and the Mesa Tribune. Councilman Shanks invited everyone to come to Tuesday meeting on Ordinance No.34. Councilman Damiano remind the Public to fill out Talent Bank Applications for the Boards and Commissions. REQUEST OF COUNCIL ))None ADJOURNMENT ) )Vice -Mayor Granillo MOVED CITY COUNCIL MINUTES REGULAR MEETING 7/2/80 Page 9 APPROVED BY THE MAYOR AND CITY COUNCIL THIS 16th DAY OF July 1980. ATTEST: Virg-Ma/Seeman Mayor nactarlo City Clerk C?:7