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HomeMy WebLinkAbout1980-07-16 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING JULY 16,1980 A Regular Meeting of the City Council of the City of Apache Junction was held on July 16,1980 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 Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Vice -Mayor Granillo led the Pledge of Allegiance. ROLL CALL Councilmembers present:Mayor Virginia Seeman,Vice -Mayor John Granillo Thomas Damiano, Jimmy Eidson,Jerry Burgess, Marie Shanks Councilmembers absent:Norman Hill Staff Present: Others present: G.Ray Lee,City ManagerMarlisDavis,Deputy City Clerk Joe Gero,Director of Planning Richard Broman,Director of Public SafetyBillMcDaniel,Director of Public Safety Leo Frazier,Building Inspector Michael Curtis,City Attorney Lillian Castro,1381 W. Roundup Rd.,Apache JunctionVirginiaKelly,2390 E.4th Ave.,Apache Junction Earl E.Laabs,370 E.12th Ave.,Apache Junction Dan H.Andrews,1975 N. LaBarge Rd.,County Clyde Dickinson,1700 F. Kings Ranch Rd.,County Marie Krogman, 351 N.Meridian Rd.,Apache Junction Barry Abrams,2230 S. Bel Air Pl.,Mesa Robert Dugger,1484 W. Apache Trail,Apache JunctionArlieMyers,528 S.Meridian,Apache Junction Joe Morvak,1224 S.Doran,Mesa ACCEPTANCE OF THE AGENDA ) Councilman Eidson 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. Vice -Mayor Granillo seconded the motion. VOTE:Unanimous Motion carried. CITY COUNCIL MINUTES REGULAR MEETING 7/16/80 Page 2 VOTE:In Favor:Mayor Seeman Vice -Mayor Granillo Councilman Damiano Councilman Shanks Abstain:Councilman Burgess Councilman Eidson Motion carried. ACCEPTANCE OF THE MINUTES OF REGULAR MEETING OF JULY 2, 1980 )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 JULY 2,1980,BE AND HEREBY ARE ACCEPTED AS PRESENTED. the motion. VOTE:In Favor:Mayor SeemanVice -Mayor Granillo Councilman Shanks Councilman Damiano Abstain:Councilman Eidson Councilman Burgess Motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS CALL TO THE PUBLIC (PETITIONS) the following. )) )) Vice -Mayor Granillo seconded None Mayor Seeman called upon Mrs.Lillian Castro spoke infavor of Ordinance No.34, Parking and Loading;Ordinance No.50,Business License Fee Schedule;and offered words of support to the City Council and the City Staff. Virginia Kelly spoke inoppositionto a specific section of Ordinance No.34. Mr.Earl Laabs stated that he is in complete agreement with all sections of Ordinance No.54,except for Section I and expounded on this item. City Attorney,Michael Curtis, responded to this issue,explaining that Ordinance No. 54 follows,almost identically, the format of the Arizona Revised Statutes. Robert Dugger spoke inregardto Ordinance No.54. Clyde Dickinson added his comments in regard to,and in opposition of,Ordinance No.54. CITY COUNCIL MINUTES REGULAR MEETING 7/16/80 Page 3 Building Inspector,Leo Frazier, reported on the adopted Uniform Building Code, and the various tags used in the enforcement of its provisions. The Director of Public Works, Rich Broman,reported on the paving projects,the on -going street survey,and thestreetsignbids.He pointed out that,while the contractors were working on theCityHallComplexproject,arrangements were made for them to correct a major maintenance problem at the intersection of Senic and Idaho,thus,saving the City a large amount of money. PUBLIC HEARINGS BINGO LICENSE APACHE JUNCTION SENIOR NUTRITION SITE to the public.) Mayor Seeman opened the meeting Councilman Damiano spoke infavor of a_recOmmendation for this Bingo License applicant. Mr.Lauren H.Newman spoke infavor of the Bingo License application. Mayor Seeman closed the meeting to the public. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA TO RECOMMEND APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE,THE QUALIFIED ENDORSEMENT OF THE APACHE JUNCTION SENIOR NUTRITION SITE "SMALL GAME"BINGO LICENSE TO BE CONDUCTED AT THE ST.GEORGE'S CATHOLIC CHURCH,1890 S.PLAZA DRIVE,APACHE JUNCTION, ARIZONA,DURING THE TIME AS SPECIFIED IN THE APPLICATION.THE QUALIFIED ENDORSEMENT IS THAT THE APPLICANT AGREES TO MAINTAIN THE SITE IN SUCH A MANNER THAT THE BUILDING IN WHICH THE BINGO GAMES OCCUR SHALL NOT HAVE MOTOR VEHICLES PARKED IN THE VICINITY DURING THE GAMES WHEREBY THE VEHICLES PRESENCE WOULD BECOME A HAZARD TO THE PUBLIC'S HEALTH,SAFETY AND GENERAL WELFARE. Vice -Mayor Granillo seconded the motion. VOTE:Unanimous Motion carried. UNFINISHED BUSINESS -1ABLE0 ITEMS/ )None Council called a 15 minute recess. The meeting was called to orderafter a 15 minute recess. NEW BUSINESS ORDINANCE NO.52,AMENDING ADMINISTRATION CITY COUNCIL MINUTES REGULAR MEETING 7/ 1 6/80 Page 4 Mayor Seeman called upon the City Clerk to read the title of Ordinance No. 52 for the second reading. Deputy City Clerk, MarlisDavis,read as follows. ORDINANCE NO.52,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA AMENDING SECTION 8-3-5,ADMINISTRATION AND PROCEDURES OF CHAPTER 8,BUSINESS,OF THE CITY CODE;PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES;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 NO.52,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA AMENDING SECTION 8-3-5,ADMINISTRATION PROCEDURES OF CHAPTER 8, BUSINESS,OF THE CITY CODE; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES;AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS ADOPTED. Vice -Mayor Granillo seconded the motion. VOTE:Unanimous Motion carried. ORDINANCE NO.54, DISRUPTION OF MEETINGS (SECOND READING) ) Mayor Seeman called upon the City Attorney to read the new wording which Council may wish to consider as an amendment to Ordinance No.54. City Attorney,Mike Curtis,stated that the change would read as follows. After the colon in the firstlineof Section I ,the following language would be inserted: "The public,in accord withotherprovisionsof this Code,shall have the right to petition Council at the Call To The Public,the time for which is to be prescribed by Council,but otherwise," Section I would then read on as follows: "any person wishing to address any regular or special meeting of the Council shall obtain consent of the Mayor or consent of a majority of the Council members present." Mayor Seeman MOVED THAT A CLARIFYING AMENDMENT BE MADE TO ORDINANCE NO.54,BY INSERTING THE FOLLOWING LANGUAGE AFTER THE COLON IN LINE ONE OF SECTION I ."THE PUBLIC, IN ACCORD WITH OTHER PROVISIONS OF THIS CODE,SHALL HAVE THE RIGHT TO PETITION COUNCIL AT THE CALL TO THE PUBLIC,THE TIME FOR WHICH IS TO BE PRESCRIBED BY COUNCIL, BUT OTHERWISE"; AND CONTINUING WITH SECTION I .AND FURTHER BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE READING OF ORDINANCE NO. 54 BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. CITY COUNCIL MINUTES REGULAR MEETING 7/16/80 Page 5 Deputy City Clerk Davis 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 SECTIONS 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,AS AMENDED. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT 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 SECTIONS2-2-7,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, AS AMENDED,BE AND HEREBY IS ADOPTED. Councilman Damiano secondedthe motion. VOTE:Unanimous Motion carried. RESOLUTION NO.80-22 RECOGNIZING THE ARIZONA EMERGENCY MEDICAL SYSTEM ) ) Mayor Seeman called upon theCityClerktoread the title of Resolution No.80-22. Deputy City Clerk Davis read as follows. RESOLUTION NO.80-22;A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,RECOGNIZING THE ARIZONA EMERGENCY MEDICAL SYSTEMS,INC. AS A LOCAL EMERGENCY MEDICAL SERVICE COORDINATING SYSTEM FOR GILA AND PINAL COUNTIES. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT RESOLUTION NO.80-22,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,RECOGNIZING THE ARIZONA EMERGENCY MEDICAL SERVICE COORDINATING SYSTEM FOR GILA AND PINAL COUNTIES,BE AND HEREBY IS ADOPTED. Vice -Mayor Granillo seconded the motion. VOTE:Unanimous Motion carried. RESOLUTION NO.80-23, CITY COUNCIL MINUTES REGULAR MEETING 7/16/80 Page 6 RESOLUTION NO.80-23,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA PROVIDING FOR THE DEPOSIT OF CITY FUNDS OF LESS THAN $100,000;AUTHORIZING THE CITY TREASURER TO INVEST CITY FUNDS;AND DECLARING AN EMERGENCY. Vice -Mayor Granillo MOVED THAT BE IT RESOLVED THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT RESOLUTION NO.80-23,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA PROVIDING FOR THE DEPOSIT OF CITY FUNDS OF LESS THAN $100,000;AUTHORIZING THE CITY TREASURER TO INVEST CITY FUNDS;AND DECLARING AN EMERGENCY,BE AND HEREBY IS ADOPTED. Councilman Damiano secondedthemotion. VOTE:Unanimous Motion carried. ORDINANCE NO.34,DISCUSSION ITEM ) Mayor Seeman called upon the members of the public who wished to speak on this item. opposition to Ordinance No. 34. Barry Abrams spoke in City Attorney CurtispointedoutthattheCitydoes have a need to develop a plan to control the dust pollution in the area before the Environmental Protection Agency finds i t necessary to dictate to the City what its laws will be and what they have to be Robert Dugger reported that he had spent a great deal of time talking to Planning Director Gero and looking over Ordinance No. 34 and the proposed changes and he felt that i t alleviated alotof the problems.Mr.Dugger complimented the staff for taking a good step toward improving the problems that were in the Ordinance. Arlie Myers spoke inoppositionof Ordinance No. 34. Joe Morvak spoke inoppositionof Ordinance No. 34. Planning Director,Joe Gero,reported on the changes that have been recommended and what these changes involve. Because it was 9:00 p.m., and the Council_Mee:tings are limited to,two hours,Mayor Seeman informed Council that a motion would be necessary to proceed with the meeting. Councilman Damiano MOVED THAT THE COUNCIL MEETING PROCEED UNTIL 9:15 P.M. Vice -Mayor Granillo seconded the motion. CITY COUNCIL MINUTES REGULAR MEETING 7/16/80 Page 7 Councilman Damiano 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 6th DAY OF AUGUST,1980 AT 6:00 P.M. IN THE CITY MANAGER'S CONFERENCE ROOM. seconded the motion. VOTE:Unanimous Motion carried. Vice -Mayor Granillo INFORMATION AND REPORTS ) Mayor Seeman introducedJudge Leo Coombs,who is the newly appointed,full-time City Magistrate. Mayor Seeman pointed outthatthepaintingsdisplayedaroundCityHallarecourtesyof the SuperstitionArtLeague. REQUESTS OF COUNCIL )Councilman Damiano MOVED THAT DIRECTION BE AND HEREBY IS GIVEN TO THE PUBLIC WORKS DIRECTOR,THROUGH THE CITY MANAGER,TO EFFECT AN INCREASE IN THE SPEED LIMIT ON BROADWAY AVENUE, IDAHO ROAD, NORTH FROM THE TRAIL TO THE FOOTHILLS,FROM IRONWOOD WEST TO MERIDIAN,FROM 25 MILES PER HOUR TO 35 MILES PER HOUR;BE IT FURTHER RESOLVED THAT A RESOLUTION BE DRAFTED EFFECTING THESE CHANGES IN ACCORDANCE WITH APPLICABLE LAWS. the motion. VOTE:Unanimous Motion carried. ADJOURNMENT the meeting at 9:15 P.M. ATTEST: RICH OESTERLECity Clerk Councilman Shanks seconded ) Mayor Seeman adjourned