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HomeMy WebLinkAbout1980-09-03 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING September 3, 1980 The regular meeting of the City Council of the City of Apache Junction was held on September 3,1980,at the Apache Junction Council Chambers,pursuant to the notice required by law. CALL TO ORDER Mayor Virginia Seeman called the meeting to order at 7:00CityCouncilchambers. p.m.in the INVOCATION The invocation was given by Councilman Marie Shanks. PLEDGE OF ALLEGIANCE Councilman Granillo led in the Pledge of Allegiance. ROLL CALL Councilmembers present:Councilman Marie Shanks,Councilman Jerry Burgess, Councilman Norman Hill,Councilman Jimmy Eidson, Councilman Thomas Damiano, Vice Mayor John Granillo, and Mayor Virginia Seeman Staff Present: Others Present: G.Ray Lee,City Manager Rich Oesterle,City ClerkMarlisJ.Davis,Director of Administrative ServicesBillMcDaniel,Director of Public Safety Richard Broman,Director of Public Works Chuck Newcomer,Associate Planner Tom Jones,15420 North 32nd Street,Phoenix George Baljo,1070 Navajo,Apache Junction Don Nesser,1511 South Cactus Rd.,Apache Junction 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,AND HEREBY IS,APPROVED AS PRESENTED. Councilman Damiano seconded the motion. Councilman Shanks MOVED THAT THE AGENDA BE AMENDED BY DELETING ITEM 14,ANIMAL CONTROL. Councilman Damiano seconded the motion. VOTE:Unanimous ACCEPTANCE OF THE MINUTES OF REGULAR MEETING OF SEPTEMBER 3, 1980 ) )Vice Mayor Granillo 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 AUGUST 20,1980 BE,AND HEREBY ARE,ACCEPTED AS PRESENTED. the motion. VOTE:In favor --Councilman Eidson Councilman Shanks Councilman Burgess Councilman Damiano Vice Mayor Granillo Abstain --Councilman Hill Mayor Seeman The motion carried. AWARDS,PRESENTATIONS,AND COMMUNICATIONS CALL TO THE PUBLIC meeting to the public. Councilman Damiano seconded )) None. )) Mayor Seeman opened the Mayor Seeman stated there was a letter submitted to the City Clerk's office from Mr.Dugger.She asked the City Clerk to read the letter. City Clerk Rich Oesterle read as follows: "The Mayor and Common CouncilCity of Apache Junction Apache Junction,Arizona 85220 Madame Mayor: Because of previous committments I am unable to attend this evening's council meeting.As you are aware this is only the third meeting that I have missed since December 1979. On this evening's agenda is a proposed ordinance,#64,concerning the imposition of a three percent utility tax.I understand that the utilities are to be allowed credit against this tax for the two percent franchise fee,but this still represents a fifty percent increase.In addition,as I have read the ordinance i t is to be applied to charges not presently covered by the franchise fee, namely installation charges and directory advertising. Be that as it may,in a time when inflation is rampant,unemploymentincreasing,when all of us are being forced to cut our standard of living,an increase of this nature is an onerous burden. Remember that Apache Junction is home to many retired persons, persons who can't look for a "cost of living"pay increase.Upon these people who have worked all of their life,looking forward to Mayor Seeman asked theCityClerkto expound on the purpose of this proposed Ordinance. City Clerk Rich OesterlestatedMr.Dugger's letter refers to Item No.11 on the agenda.He stated he would like to point out that there are several incorrect statements in Mr.Dugger's letter.He stated first there is no utility company operating in Apache Junction which has a franchise agreement with the City.Second, Ordinance No. 64 represents no increase in the curTent rate structure of anyutility.He added Ordinance No. 64 does not,as Mr.Dugger states,represent a fifty percent increase.He stated to give a brief explanation,Ordinance No. 64 repeals that portion of the City Code dealing with the one percent sales tax on gross receipts of utilities,repeals that portion of the City Codedealing with the two percent utility tax of gross receipts of utilities under the Business License Ordinance,and combines the above two thereby implementing a three percent sales tax on utilities.He stated this new language will reduce the administrative costs for utilities who utilize the City's rights- of -way. He added the language has been worked out with the City Attorney and attorneys for Mountain Bell and Salt River Project.He stated all utility companies have been contacted and have responded affirmatively. Councilman Damiano statedthat Mr.Dugger constantly twists things that are going on to change people's minds about the City and the Council.He stated the City can look at other comments by him to twist things that are going on in the City. Mayor Seeman asked i f there were any individuals in the public who wished to address the Council.There were none. CITY MANAGER'S REPORT City Manager Ray Lee statedthat as a matter of information to the Councilmembers,personnel from eachdepartment will be on hand to answer any questions the public might have at the September 20th dedication ceremony of the City Hall complex. City Manager Ray Lee stated his second item was that the Animal Control Shelter is in full operation. City Manager Ray Lee stated he would ask the Building Official to give some information recently obtained from the Assessor's Office. Leo Frazier,Building Official, stated that the thirteen square miles of the City of Apache Junction is accountingforsixtypercentof all the building activity within theassessor's district.He stated the district is 438 square miles and runs almost all the way to Superior, down to the Santan Mountains. PUBLIC HEARINGS PROPOSED ORDINANCE NO.55,PZ-7-79, JOHN R.SCHUSTER,REZONING (SECOND READING)) ) Mayor Seeman stated that apublichearingforthisitem was held at the regular City Council meeting of August 20, 1980,and that the applicant is John R.Schuster.She asked the Planning Director to brief the City Council and public on the petition. Associate Planner Chuck Newcomer Mayor Seeman stated there is a recommendation that the Council should require the necessary right-of-wayforthedevelopment of Scenic Street and Royal Palm Road and a ten foot rear yard instead of a thirty-five foot rear yard.She stated these recommendations are from the Planning and Zoning Commission to the City Council. Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE READING OF ORDINANCE NO.55,BE READ BY TITLE ONLY,AND THE ENTIRE READING OF THE ORDINANCE BE WAIVED. Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon the City Clerk to read the title of proposed Ordinance No. 55 for the second reading. City Clerk Rich Oesterle read as follows: ORDINANCE NO.55,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-7-79 FROM GENERAL RURAL (GR) TO MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT (CR-5/PD);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT IN REZONING CASE PZ-7-79,APPLICATION OF JOHN R.SCHUSTER,ALSO KNOWN AS ORDINANCE NO.55,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-7-79 FROM GENERAL RURAL (GR) TO MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT (CR-5/PD);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS APPROVED AND ADOPTED.BE IT FURTHER RESOLVED THAT THE REAR LOT LINE SETBACK OF TEN (10')FEET SHALL BE APPROVED INSTEAD OF THIRTY-FIVE (35') FEET;THAT THE APPLICANT SHALL PROVIDE FOR PROPER RIGHT OF WAY ON SCENIC STREET AND ROYAL PALM ROAD AS SET FORTH IN THE APACHE JUNCTION STREET CLASSIFICATION PLAN:AND THAT THE REASONS FOR APPROVAL AS PRESENTED BY THE PLANNING AND ZONING COMMISSION ARE INCORPORATED BY REFERENCE. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.56, PZ-12-79, ROBERT AND HAZEL LAWTHER REZONING (SECOND READING)) Mayor Seeman stated the public hearing for proposed Ordinance No.56, PZ-12-79,was held at the regular City Mayor Seeman asked if any members of the public wished to address the item.There were none. Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE READING OF ORDINANCE NO.56,BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Granillo seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon theCityClerktoreadproposedOrdinanceNo. 56 by title only for the second reading. City Clerk Rich Oesterle read as follows: ORDINANCE NO.56,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-12-79 FROM GENERAL RURAL (GR) TO MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT (CR-5/PD);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT IN REZONING CASE PZ-12-79,APPLICATION OF ROBERT AND HAZEL LAWTHER, ALSO KNOWN AS ORDINANCE NO.56,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP,CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-12-79 FROM GENERAL RURAL (GR) TO MULTIPLE RESIDENCE BY PLANNED DEVELOPMENT (CR-5/PD);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY, BE AND HEREBY IS APPROVED AND ADOPTED;AND BE IT FURTHER RESOLVED THAT THE REAR LOT LINE SETBACK OF SIXTEEN (16')FEET SHALL BE APPROVED INSTEAD OF THIRTY-FIVE(35')FEET;AND THE REASONS FOR APPROVAL AS PRESENTED BY THE PLANNING AND ZONING COMMISSION ARE INCORPORATED BY REFERENCE. the motion. VOTE:Unanimous The motion carried. Councilman Damiano seconded PROPOSED ORDINANCE NO.57,PZ-12-80,BOARD OF ADJUSTMENT MEMBERSHIP (SECOND READING) ) Mayor Seeman stated a public hearing for proposed Ordinance No.57,PZ-12-80 was held at the regular City Council meeting of August 20,1980.She stated i t is a commission initiative and asked the Planning Director to address the item. Associate Planner Chuck Newcomerstatedthisordinance would expand the membership of the Board of Adjustment from five members to seven members. He added seven members is the maximum number allowed by the State. Mayor Seeman asked i f there were any other members of the public who wished to address the Council on theitem.There were none. 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 NO.57,BE READ BY TITLE ONLY,FOR THE SECOND READING. Mayor Seeman seconded themotion. Mayor Seeman asked i f there was any discussion of the item. VOTE:Unanimous The motion carried. Mayor Seeman called upon theCityClerktoreadthetitle of proposed Ordinance no.57 for the second reading. City Clerk Rich Oesterle read as follows: ORDINANCE NO.57,AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING SECTION 2401 OF THE ZONING ORDINANCE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT IN ZONING CASE PZ-12-80,ALSO KNOWN AS ORDINANCE NO.57,AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING SECTION 2401 OF THE ZONING ORDINANCE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE AND HEREBY IS APPROVED AS RECOMMENDED BY,AND FOR THE REASONS AS STATED BY THE PLANNING AND ZONING COMMISSION. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.62,PZ-15-80 PARKING AND LOADING AMENDMENT (SECOND READING WITH EMERGENCY CLAUSE) ) Mayor Seeman stated a public hearing for proposed Ordinance No.62,PZ-15-80 was held at the regular City Council meeting of August 20,1980.She stated i t is a Commission initiative and asked the Planning Director to give a brief explanation of the item. Associate Planner Chuck Newcomerstatedtheproposedordinance would repeal three sections of the Parking and Loading Ordinance which were found to be objectionable to many members of the community. Mayor Seeman asked i f there was anyone in the public who wished to address the item.There were none. VOTE:Unanimous The motion carried. Mayor Seeman called upon the City Clerk to read Ordinance No. 62 by title only with the emergency clause. City Clerk Rich Oesterle read as follows: ORDINANCE NO.62,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING ORDINANCE NO.34 BY DELETING SUBSECTIONS 21.02 (2),21.03 (1)AND 21.03 (17);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 NO.62,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING ORDINANCE NO.34 BY DELETING SUBSECTIONS 21.02 (2),21.03 (1),AND 21.03 (17);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY BE AND HEREBY IS ADOPTED. Councilman Hill seconded the motion. Councilman Burgess soughtclarificationby asking i f this was actually eliminating paving of the driveways. City Manager Ray Lee called upon the Associate Planner to explain that the City is in fact deleting thecontroversialissuesandthosecontroversialissuesare going back to the Planning and Zoning Commission for study,to get input from the citizens,and then a recommendation would be made to the Council. Councilman Damiano asked that the deleted paragraphs be read. Associate Planner Chuck Newcomer stated Section 21.02 (2)is a lengthy paragraph that is basically concerned with the existing structures that would not fall under the requirements of the Parking and Loading Ordinance i f they were enlarged or structurally altered.He stated he thought this refers to all types of structures. Mr.Newcomer stated Section 21.03 (1)states that driveways and areas usedforloading, parking,or manuevering a vehicle shall be surfaced with a durableall-weather paving to be either asphalt or concrete,except for lots over 5/8'sof an acre which would only be required to pave the access way from the propertylineforadistanceup to forty feet. Mr.Newcomer stated Section 21.03 (17)states that driveways in a front yard shall be more than twenty feet wide in the front yard driveway,shall not be used in calculating parking space,and that the Director of Public Works or the Arizona Department of Transportation can limit the number of, andlocationof, curb cuts on State or Federal highways along the public rights -of -way. any further discussion of the item. Mayor Seeman asked i f there was BINGO LICENSE APPLICATION HAPPY DAYS TRAVEL TRAILER PARK ) Mayor Seeman invited theapplicant,i f he was present,to speak on the application. Mayor Seeman noted that the applicant was not present,and asked i f there were any members of the public who wished to speak either for or against the item. There being no one wishing to address the item,the meeting was closed to the public. Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT BINGO LICENSE APPLICATION FOR THE HAPPY DAYS MOBILE HOME PARK BE AND HEREBY IS RECOMMENDED FOR APPROVAL TO THE ARIZONA TAX COMMISSION. Councilman Damiano secondedthe motion. VOTE:Unanimous The motion carried. BINGO LICENSE APPLICATION MERIDIAN MOBILE HOME PARK ) Mayor Seeman invited theapplicant, if he was present,to speak on the application. Mayor Seeman noted that the applicant was not present,and asked i f there were any members of the public who wished to speak either for or against the item. There being no one wishing to address the Council,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,THAT THE BINGO LICENSE APPLICATION FOR THE MERIDIAN MOBILE HOME PARK BE AND HEREBY IS RECOMMENDED FOR APPROVAL TO THE ARIZONA TAX COMMISSION. the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.60,PZ-11-80 AMENDING THE ZONING ORDINANCE (FIRST READING) to the public. )) Councilman Hill seconded Mayor Seeman opened the meeting There being no one wishing to address the Council,Mayor Seeman called upon the Planning Director to brief theCity Council and public on the item. Associate Planner Chuck Newcomer gave a brief outline on the background of the proposed rezoning.He further stated the Planning and Zoning Commission recommended approval of the proposed There being no one wishing to address the Council,Mayor Seeman called upon the Planning Director for his recommendation. Associate Planner Chuck NewcomerstatedthePlanningDepartmentdidnot make a specific recommendation on the proposed rezoning other than to state the alternatives of why they are approving the rezoning,denying it,or returning i t to the Planning and Zoning Commissionwithcertainrecommendations. Mayor Seeman closed the meeting to the public. Mayor Seeman stated she had a question on spot rezoning.She asked how spot rezonings,i f they continue to occur,would affect the General Plan over the long term.She asked i f there was anyone present from the Planning and Zoning Commission who could answer the question. Mr.George Baljo,1070 Navajo. Apache Junction,a member of the Planning and Zoning Commission,stated with the surrounding classification zones that exist,and being a small isolated piece of property that fronts primarily on highway 60,the Commission felt they should recommend to the Council that the rezoning be granted.He stated this would apply not only to the Lindsey case,'put also to the McClain case.He stated i t appears that good zoning principles are being followed on a spot basis in thisparticular area because there would be very little of any other type of operationthatcouldtake place fronting highway 60. Mayor Seeman called upon theCityClerktoreadthetitleofproposedOrdinanceNo. 60 for the first reading. City Clerk Rich Oesterle read as follows: ORDINANCE NO.60,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-11-80 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB -2);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.61,PZ-13-80 AMENDING THE ZONING ORDINANCE (FIRST READING)) ) Mayor Seeman opened the meeting to the public. Mayor Seeman called upon the Planning Director to brief the City Council and public on the petition. Associate Planner Chuck NewcomerbriefedthepublicandCity Council on the proposed ordinance. Mayor Seeman called upon theapplicant,or spokesman for the applicant,to address the item. Mr.Tom Jones, 15420 N. 32ndStreet,Phoenix,stated the rezoning would make the property more valuable to the owner.When questioned,he stated there is a client interested in the property who is considering putting in mini -businesses. Associate Planner Chuck NewcomerstatedthePlanningDepartmentdidnot make a specific recommendation on theitem other than to say that i t is a very good location for commercial activity. Moor Seeman stated if there was no rebuttal,the public hearing was closed to the public. Mayor Seeman called upon theCityClerktoreadthetitleofproposedOrdinanceNo.61. City Clerk Rich Oesterle read as follows: ORDINANCE NO.61,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING THE ZONING MAP CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-13-80 FROM GENERAL RURAL (GR) TO GENERAL BUSINESS (CB -2);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. UNFINISHED BUSINESS (TABLED ITEMS)))None. PROPOSED ORDINANCE NO.64 AMENDING CHAPTER 8, BY ADDING SECTION 8-3-3(C) (SECOND READING WITH EMERGENCY CLAUSE) ) Mayor Seeman stated this Ordinance is the second reading with the emergency clause.She added this is the ordinance the City Clerk addressed earlier under Call to the Public. She asked i f there were any questions.There were none. 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.64,BE READ BY TITLE ONLY,WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano secondedthe motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon theCityClerktoread Ordinance No. 64 by title only with the emergency clause. City Clerk Rich Oesterle read as follows: ORDINANCE NO.64,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA, REPEALING CHAPTER 8,SECTION 8-5-23, 8-3-3.A.3 AND 8-3-3.A.4 OF THE CITY CODE,AMENDING CHAPTER 8, ARTICLE 8-3-3 OF THE CITY CODE BY ADDING SECTION 8-3-3(C);REPEALING ANY CONFLICTING PROVISION;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT ORDINANCE NO.64,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA, Mayor Seeman called afifteenminuterecess. Mayor Seeman reconvened the meeting at 8:15 p.m. PROPOSED ORDINANCE NO.65 REPEALING CHAPTER 4,POLICE DEPARTMENT APACHE JUNCTION CITY CODE (FIRST READING WITH EMERGENCY CLAUSE) ) 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 NO.65,BE READ BY TITLE ONLY,WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon theCityClerktoreadproposedOrdinanceNo.65,by title only with the emergency clause. City Clerk Rich Oesterle read as follows: ORDINANCE NO.65,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA REPEALING CHAPTER 4,POLICE DEPARTMENT, APACHE JUNCTION CITY CODE;REPEALING 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, ARIZONA,THAT ORDINANCE NO.65,AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,REPEALING CHAPTER 4,POLICE DEPARTMENT,APACHE JUNCTION CITY CODE; REPEALING CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY BE AND HEREBY IS ADOPTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. RESOLUTION NO.80-29,REQUEST FOR ESTABLISHMENT OF LOCAL DEPARTMENT OF ECONOMIC SECURITY OFFICE ) Mayor Seeman called upon theCityClerktoreadResolutionNo. 80-29 in its entirety. City Clerk Rich Oesterle read as follows: RESOLUTION NO.80-29,A WHEREAS,THE CITY OF APACHE JUNCTION HAS A 1980 ESTIMATED POPULATION OF 15,000 DURING THE SUMMER MONTHS AND 35,000 TO 40,000 POPULATION DURING THE WINTER MONTHS, AND IS,IN FACT,THE SUMMER POPULATION 15TH LARGEST CITY IN THE STATE OF ARIZONA, WINTER POPULATION 7TH LARGEST CITY,AND; WHEREAS,IT IS AN ECONOMIC AND PHYSICAL HARDSHIP ON THE ELDERLY,HANDICAPPED, AND UNEMPLOYED TO TRAVEL TO OTHER CITIES IN ORDER TO RECEIVE THESE SERVICES,AND; WHEREAS,MANY OF THESE PEOPLE HAVE NO PRIVATE TRANSPORTATION AVAILABLE TO THEM, AND THERE IS NO PUBLIC TRANSPORTATION GENERALLY AVAILABLE TO THE CITIZENS OF APACHE JUNCTION, AND; WHEREAS,THESE SERVICES ARE NECESSARY TO PROVIDE FOR THE HEALTH, SAFETY,AND WELFARE OF THE CITIZENS OF APACHE JUNCTION; NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,THAT THE CITY HEREBY REQUEST THAT THE STATE OF ARIZONA DEPARTMENT OF ECONOMIC SECURITY ESTABLISH A LOCAL OFFICE WITHIN THE CITY TO PROVIDE THE CITIZENS OF THIS COMMUNITY WITH BASIC SERVICES PROVIDED BY THE STATE OF ARIZONA. Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT RESOLUTION NO.80-29,REQUESTING THE ESTABLISHMENT OF A DEPARTMENT OF ECONOMIC SECURITY OFFICE WITHIN THE CITY OF APACHE JUNCTION TO PROVIDE SERVICE TO THE RESIDENTS OF THE CITY, BE AND HEREBY IS ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. EXECUTIVE SESSION SEPTEMBER 17,1980, AT 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 17TH DAY OF SEPTEMBER,1980, AT 6:00 P.M. IN THE CITY MANAGER'S CONFERENCE ROOM. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS ) ) Councilman Shanks complimented the Department of Public Works and the Department of Public Safety for theexcellent work they are doing. REQUESTS OF COUNCIL ) ) Councilman Eidson stated he has heard complaints from citizens concerning property grandfathered into the Councilman Shanks seconded the motion. VOTE:Unanimous The motion carried. APPROVED THIS 17th DAY OF September , 1980 BY THE MAYOR AND CITY COUNCIL. ATTEST: RICH OESTERLE City Clerk