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HomeMy WebLinkAbout1980-09-17 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING September 17,1980 The regular meeting of the City Council of the City of Apache Junction was held on September 17,1980 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 7:00 p.m.in the City Council Chambers. INVOCATION Councilman Eidson gave the invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led in the Pledge of Allegiance. ROLL CALL Councilmembers Present:Councilman Norman Hill,Councilman Jimmy Eidson Councilman Thomas Damiano,Councilman Jerry Burgess,Vice Mayor John Granillo,and Mayor Virginia Seeman Councilmembers Absent:Councilman Marie Shanks Staff Present: Others Present: Rich Oesterle,City Clerk Marlis J.Davis,Director,Administrative Services Lt.Ed Seder,Department of Public Safety Richard Broman,Director of Public Works Joe Gero,Director of Planning Michael Curtis,City Attorney Susan Goodwin,Assistant City Attorney Michael Whiting,Central Arizona Health Systems Agency Barbara Peck,Chairman,Apache Junction Special Study Committee William Early,President,Western States Consulting Group Harvey Morrison,1834 W.Roundup,Apache Junction 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,AND HEREBY IS,APPROVED AS PRESENTED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF THE MINUTES OF REGULAR MEETING OF SEPTEMBER 17,1980 )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 SEPTEMBER 3,1980,BE AND HEREBY ARE, ACCEPTED AS PRESENTED. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Seeman presented a Certificate of Appreciation to Mrs.Castro for her dedicated participation and leadership On the Citizens for Incorporation Committee. Mayor Seeman stated she had received from the Office of the Governor a letter thanking her for receipt of a copy of the program budget.She added she had written letters to the Department of Transportation and Mountain Bell requesting more services for the citizens and she had received responses from the Arizona Department of Transportation stating they were running a feasibility study,and that they had increased hours for obtaining drivers licenses. Mayor Seeman added she has received a telephone call from Mountain Bell stating they will be placing a business office in Apache Junction.The Mayor further stated she has communicated with the School Board requesting a student observe City Council meetings and was informed her request would be put before the School Board on October 2,1980. Mayor Seeman stated KSTM airs "City Hall Spot -light"at 7:00 a.m.and 8:30 p.m.on Sundays and the scheduled guests this coming Sunday will be Chief McDaniel and Lt.Seder who will speak on the various ways -the City's residents can use their police department.She stated this is being done as a service to the community. CALL TO THE PUBLIC Mayor Seeman recognized Michael Whiting and Barbara Peck of the Central Arizona Health Systems Agency --Apache Junction Area Study which was done a few months ago.She stated the study will be available in the Mayor's office for review. Michael Whiting,Central Arizona Health Systems Agency stated a special study committee on Apache Junction was organized to respond to some of the needs of the area,to analyze the health needs and demographics of the area,and to analyze the strengths and weaknesses as they relate to health care and medical care facilities and services.He stated additionally they looked at alternative type options or approaches to solving some of the problems that might have come up during the study.Mr.Whiting stated the committee meetings determined,after assessing the information presented,that low income Medical health transportation,long term care, behavioral health and emergency services appear to be the needs which were most frequently encountered in the review of the data presented.Subsequent meetings determined the needs of Apache Junction were being met in the areas of Behavorial Health and Emergency services. Barbara Peck,Chairman,Apache Junction Special Study Committee, stated the recommendations being brought before the Council are made in hope the City will use and follow through with them.She stated the recommendation is that the City Council appoint a task force on health services to provide the continuity required to follow through and pursue appropriate alternatives and solutions as recommended by the special study committee. Mayor Seeman stated she served on the committee which was comprised of a group of dedicated people and added the input would be very valuable. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17,1980 PAGE TWO Councilman Damiano stated he attended the fourth public hearing held and he was disappointed that there were very few people who did show up.He stated he would like to see many people attend an important function of this type and become involved. Mr.Whiting stated his office would be ready and available to assist the City Council and the task force any time necessary. Mayor Seeman stated that any citizen interested in serving on the committee should give their name to City Hall who would forward the names__to the Council for appointment. CITY MANAGER'S REPORT City Clerk Rich Oesterle stated there were two items to report;the first being that the nomination packets are available from the Clerk's office for the scheduled regular primary election on March 24,1981.He stated any interested Apache Junction resident who is or will be at least 18 years of age at the time of the election,a resident of the City for one year,and a qualified elector at the time of election is eligible to run for the City Council.For the second item,Mr.Oesterle called upon the Director of Planning for a brief explanation of the aerial photograph that has been placed on the wall in Council Chambers. Director of Planning Joe Gero explained that the aerial map photographed August 20,1980,gives a specific point of reference whereby the City will be able to determine whether or not some particular physical structure was existing on the land within the City of Apache Junction on that specific date.He stated this would be most valuable to the City in both protecting the rights of citizens to not have non -conforming uses next to them,and also anyone who might have a pre-existing grandfather right would have i t identified on this particular picture. PUBLIC HEARINGS None. UNFINISHED BUSINESS None. NEW BUSINESS PROPOSED ORDINANCE NO.60,PZ-11-80 GLEN MC CLAIN REZONING (SECOND READING) Mayor Seeman asked Mr.Gero to address whether or not there are any other uses for this particular parcel of property. Mr.Gero stated he could foresee a number of uses where highway frontage might be valuable on the site such as the possibility of motels,hotels,office buildings,etc. Mayor Seeman asked i f it would be considered spot zoning. Director of Planning Joe Gero stated in this particular case the parcel,noting the various approximately 1000 feet between the intersection of the section line road,may or may not be considered a spot zone.He stated his original thought was that it might be because looking at the CB -2 coming down it might be considered an extension of i t;however,the whole area is virtually undeveloped and there is no idea of what will be in the particular location. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17,1980 PAGE THREE Mayor Seeman asked Mr.McClain what proposed usage he had planned for the property: Mr.McClain stated it would probably be some small office buildings. Mayor Seeman stated CB -2 covers a variety of things;she asked i f the Council had any questions. Councilman Damiano asked i f small office buildings need a CB -2 zoning. Director of Planning Joe Gero stated that Article 15,Section 1501,page 34 indicates that small offices are for business,professional,or semi-professional uses,and are permitted in CB -1. 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.60,BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon the City Clerk to read the title of Ordinance No.60,for the second 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. 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-11-80,APPLICATION OF GLEN MC CLAIN,ALSO KNOWN AS ORDINANCE NO.60;AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,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 BE AND HEREBY IS ADOPTED. Councilman Hill seconded the motion. VOTE:In favor --Councilman Eidson Councilman Hill Councilman Burgess Councilman Damiano Vice Mayor Granillo Opposed --Mayor Seeman The motion carried. PROPOSED ORDINANCE NO.61,PZ-13-80 JAMES LINDSEY REZONING (SECOND READING) )Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT THE READING OF ORDINANCE NO.61,BE READ BY TITLE ONLY AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17,1980 PAGE FOUR Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon the City Clerk to read the title of Ordinance No.61,for the second reading. 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. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, THAT IN REZONING CASE PZ-13-80,APPLICATION OF JAMES AND ETHEL LINDSEY,ALSO KNOWN AS 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;BE AND HEREBY IS ADOPTED. motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.59,PZ-10-80 GARTH ASLETT REZONING (FIRST READING) Councilman Eidson seconded the Mayor Seeman called upon the Director of Planning Joe Gero to give some background into the rezoning. Director of Planning Joe Gero stated the public hearing would be at the next meeting and has been advertised for the meeting of October 1,1980,at 7:00 p.m. Mayor Seeman called upon the City Clerk to read the title of proposed Ordinance No.59,for the first reading. City Clerk Rich Oesterle read as follows: ORDINANCE NO.59,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-10-80 FROM SINGLE RESIDENCE ZONE (CR-1)TO GENERAL BUSINESS (CB -2);REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. PROPOSED ORDINANCE NO.67,INDEMNIFICATION OF OFFICERS,EMPLOYEES,AND COUNCILMEMBERS (FIRST READING' were any questions on this item. the City Attorney briefly address the item. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17,1980 PAGE FIVE )) Mayor Seeman asked i f there Councilman Damiano asked that City Attorney Michael Curtis stated the indemnification resolution is a provision that is found in the Arizona Revised Statutes whereby various governmental,municipal,and private non-profit corporations,who have what they believe to be adequate insurance programs are not surprised by finding that insurance companies in the midst of a matter will say they are unfortunately not covered in a particular instance.Mr.Curtis stated this City has an adequate insurance program,however,to provide for a citizen to participate without risk or fear that their personal business will be in jeopardy should for some reason there be a gap in the insurance coverage,the attorney is recommending that the indemnification provision be adopted.He stated i t is a provision provided by state law and enacted by most private,non-profit,and other corporations.He stated the City feels i t is an added safeguard for any citizen who wishes to participate in City government that they be able to do so without fear that they will suffer a personal loss in the event that some matter is not covered by insurance. Mayor Seeman added this resolution would cover the Boards and Commission members who are donating their time in the interests of the City. City Attorney Curtis stated he would recommend to those citizens who sit on non-profit hospital,church,and other boards,carefully consider utilizing the same type of resolution to provide for them when they volunteer their services on behalf of their fellow community members. Mayor Seeman called upon the City Clerk to read the title of proposed ordinance No.67 for the first reading. City Clerk Rich Oesterle read as follows: ORDINANCE NO.67,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA,ADDING ARTICLE 2-10,INDEMNIFICATION OF OFFICERS,EMPLOYEES,AND COUNCIL MEMBERS,PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES,AND PROVIDING FOR SEVERABILITY. Mayor Seeman stated the Ordinance will have its second reading at the next meeting of the City Council. PROPOSED ORDINANCE NO.68 ANIMAL CONTROL (WITH EMERGENCY CLAUSE) Attorney would like to address this item. )) Mayor Seeman asked i f the City Assistant City Attorney Susan Goodwin stated most of the changes are structural to make the ordinance more workable and the section on the addition of licensing fees has been added. She agreed that there was no increase in the fee schedule. Mayor Seeman asked i f i t was correct that animal control was holding animals for seven days rather than 72 hours. Lt.Ed Seder of the Police Department stated the ordinance stipultes that animals will be kept for 72 hours but they have been held longer than that i f contact can be made with the owner to pick up the animal. Vice Mayor Granillo read Article 6-3 Dogs,Section 6-3-5 Impoundment "...each unlicensed dog to be kept and maintained for a minimum of three days." 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.68,BE READ BY TITLE ONLY,WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17,1980 PAGE SIX Vice Mayor Granillo seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon the City Clerk to read Ordinance No.68 by title only with the emergency clause. City Clerk Rich Oesterle read as follows: ORDINANCE NO.68,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA AMENDING CHAPTER 6,ANIMALS,ARTICLE 6-2, IMPOUNDING GENERALLY,SECTIONS 6-2-1,6-2-2,AND 6-2-3;AND ARTICLE 6-3,DOGS, SECTIONS 6-3-1,6-3-2,6-3-4,6-3-5;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. Councilman Damiano stated that the Ordinance is lengthy;he invited the public to read the Ordinance at City Hall. He stated because of the length he would not request the City Clerk read the Ordinance. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, THAT ORDINANCE NO.68,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING CHAPTER 6,ANIMALS,ARTICLE 6-2,IMPOUNDING GENERALLY,SECTIONS 6-2-1,6-2-2,AND 6-2-3;AND ARTICLE 6-3 DOGS,SECTIONS 6-3-1,6-3-2,6-3-4,6-3-5;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY BE AND HEREBY IS ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.69, FORMATION AND SUMMONING OF JURIES (WITH EMERGENCY CLAUSE) )Mayor Seeman stated the purpose of this ordinance is to bring the City into compliance cith A.R.S.22-426 and to provide that potential jurors will be selected from voter registration lists furnished by the County Recorder's office. Vice Mayor Granillo asked if jurors were supposed to be selected from the motor vehicle registration. Assistant City Attorney Susan Goodwin stated Vice Mayor Granillo was correct as far as Superior Court was concerned,however,the Statutes specifically state that voter registration lists may be used for the City Court. 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.69,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:In Favor --Councilman Burgess Councilman Eidson Councilman Hill Vice Mayor Granillo Mayor Seeman Opposed --Councilman Damiano REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17,1980 PAGE SEVEN The motion did not receive the required unanimous consent of the Council,therefore, the proposed Ordinance was required to be read in full. Mayor Seeman called upon the City Clerk to read the proposed Ordinance in its entirety. City Clerk Rich Oesterle read as follows: ORDINANCE NO.69,AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA AMENDING CHAPTER 5,MAGISTRATE COURT BY ADDING ARTICLE 5-4 FORMATION AND SUMMONING OF JURIES;JURORS PAY;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: THAT CHAPTER 5 OF THE APACHE JUNCTION CITY CODE BE AMENDED BY ADDING ARTICLE 5-4,FORMATION AND SUMMONING OF JURIES;JURORS PAY,TO READ AS FOLLOWS: SECTION I IN GENERAL ARTICLE 5-4 FORMATION AND SUMMONING OF JURIES;JURORS PAY A.THE FORMATION AND SUMMONING OF JURIES IN CITY COURT SHALL BE DONE IN SAME MANNER AS PROVIDED FOR BY LAW IN COURTS OF RECORD. B.SELECTION OF POTENTIAL JURORS SHALL BE MADE FROM THE LIST OF REGISTERED VOTERS FURNISHED BY THE COUNTY RECORDER PURSUANT TO ARS SECTION 220-426(B). C.EACH JUROR SHALL BE PAID BY THE CITY FOR EACH DAY'S ATTENDANCE UPON CITY COURT $12.00. SECTION I I SEVERABILITY CLAUSE IF ANY SECTION,SUB -SECTION,SENTENCE,PHRASE,CLAUSE,OR PORTION OF THIS ORDINANCE OR ANY PART OF THE CODE ADOPTED HEREIN BY REFERENCE,IS FOR ANY REASON HELD TO BE INVALID OR UNCONSTITUTIONAL BY THE DECISION OF ANY COURT OF COMPETENT JURISDICTION,SUCH DECISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS THEREOF. SECTION III PENALTY CLAUSE ANY PERSON FOUND GUILTY OF VIOLATING ANY PROVISIONS OF THIS CODE SHALL BE GUILTY OF A MISDEMEANOR,AND UPON CONVICTION THEREOF SHALL BE PUNISHED BY A FINE OF NOT TO. EXCEED ONE THOUSAND DOLLARS OR BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED SIX MONTHS,OR BY BOTH SUCH FINE AND IMPRISONMENT.EACH DAY THAT A VIOLATION CONTINUES SHALL BE A SEPARATE OFFENSE PUNISHABLE AS HEREINABOVE DESCRIBED. SECTION IV EMERGENCY CLAUSE WHEREAS,IT IS NECESSARY FOR THE PRESERVATION OF THE PEACE,HEALTH, AND SAFETY OF THE CITY OF APACHE JUNCTION,ARIZONA,AN EMERGENCY IS DECLARED TO EXIST,AND THIS ORDINANCE SHALL BECOME OPERATIVE AND IN FORCE FROM AND AFTER SEPTEMBER 1,1980. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINACNE NO.69,AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA AMENDING CHAPTER 5,MAGISTRATE COURT BY ADDING ARTICLE 5-4 FORMATION AND SUMMONING OF JURIES;JURORS PAY;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY,BE AND HEREBY IS ADOPTED. Vice Mayor Granillo seconded the motion. VOTE:Unanimous The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17,1980 PAGE EIGHT PROPOSED RESOLUTION NO.80-30, CHANGING THE SPEED LIMIT ON TOMAHAWK ROAD )Mayor Seeman asked the Director of Public Works to give some background on the item. Director of Public Works Richard Broman stated his office was contacted by the Pinal County Sheriffs office who said the two speed limits,one twenty-five miles per hour on Tomahawk Road south of the highway,and another forty-five miles per hour on Tomahawk closer to Southern Avenue were creating an enforcement problem in their jurisdiction south of Southern.The sheriff's department recommended that the City's department of Public Works recommend to the Council that the speed limits be changed to be consistent south of the Highway to Southern Avenue.He stated that as a result the Public Works Department has submitted a recommendation to the City Council that the speed limit be changed to be consistent at thirty-five miles an hour south of Highway 60 on Tomahawk Road to Southern Avenue. Mayor Seeman called upon the City Clerk to read the title of Resolution 80-30. City Clerk Rich Oesterle read as follows: RESOLUTION NO.80-30,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, CHANGING THE SPEED LIMIT ON TOMAHAWK ROAD,FROM U.S.60 TO SOUTHERN AVENUE, WITHIN THE CITY LIMITS OF APACHE JUNCTION,ARIZONA. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THAT RESOLUTION NO.80-30,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE SPEED LIMIT ON TOMAHAWK ROAD,FROM U.S. 60 TO SOUTHERN AVENUE,WITHIN THE CITY LIMITS OF APACHE JUNCTION,ARIZONA,BE AND HEREBY IS,ADOPTED. Councilman Burgess seconded the motion. VOTE:Unanimous The motion carried. AWARD OF BID --PROJECT PL -80-1 APACHE JUNCTION GENERAL PLAN SELECTED ELEMENTS ) )Mayor Seeman stated the City has advertised for bids to be submitted for professional services as outlined in a recently approved Four Corners Regional Commission Grant.She asked Mr.Gero to brief the Council on the item. Director of Planning Joe Gero gave an in-depth explanation of the bid process as i t pertained to Project PL -80-1. Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT PRC TOUPS IN THE AMOUNT OF $42,000 BE AND HEREBY IS AWARDED THE BID FOR PL -80-1,APACHE JUNCTION GENERAL PLAN SELECTED ELEMENTS,AS SET FORTH IN THE BID SPECIFICATIONS;SAID AWARD SUBJECT TO THE APPROVAL OF THE FOUR CORNERS REGIONAL COMMISSION.BE IT FURTHER RESOLVED THAT THE CITY MANAGER BE,AND HEREBY IS,AUTHORIZED TO ENTER INTO A CONTRACT FOR THE SERVICES AS AUTHORIZED. Councilman Damiano seconded the motion. Mr.William Early,President, Western States Consulting Group,addressed the item,voiced his disagreement with the motion,and requested the Council reconsider the motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17,1980 PAGE NINE Director of Planning Joe Gero gave an explanation of the reasoning behind the recommendation being made to the City Council. VOTE:Unanimous The motion carried. PROPOSED RESOLUTION NO.80-32,OFFICIAL STREET NAMING MAP (DISCUSSION AND/OR ACTION )Mayor Seeman stated that she has been contacted by many citizens on this item and she felt that the appropriate action by the Council would be to ask the Planning and Zoning Commission to form an ad hoc committee to work on the street names. Councilman Damiano addressed the item and indicated he would not like to have the street names changed again. Mayor Seeman MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, THAT THE PREPARATION AND SUBMISSION OF RECOMMENDATIONS FOR STREET NAMES AND FUTURE STREET NAMING PROCEDURES BE AND HEREBY IS REFERRED TO THE PLANNING AND ZONING COMMISSION FOR THEIR ACTION. Councilman Damiano seconded the motion. City Planner Joe Gero gave information to the Council pertaining to the reasons for renaming of streets. against changing street names. VOTE:Unanimous The motion carried. Mr.Harvey Morrison spoke Mayor Seeman called a fifteen minute recess. Mayor Seeman called the meeting back to order at 8:35 p.m. PROPOSED RESOLUTION NO.80-33, FEDERAL PATENT LANDS WITHIN APACHE JUNCTION Mayor Seeman stated the Pinal County Board of Supervisors,prior to incorporation,accepted all federally patented easements within their jurisdiction by resolution.There has been a need to ask the attorney for an opinion in reference to federal patent lands. She stated the response from the City attorney included a recommendation that an official act of the City accepting federally patented reservations be taken. Mayor Seeman called upon the City Clerk to read the title of Resolution No.80-33. City Clerk Rich Oesterle read as follows: RESOLUTION NO.80-33,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA RELATING TO FEDERAL PATENT LANDS WITHIN THE CITY OF APACHE JUNCTION;REPEALING CONFLICTING RESOLUTION;AND DECLARING AN EMERGENCY. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17,1980 PAGE TEN Councilman Burgess MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, THAT RESOLUTION NO.80-33,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA RELATING TO FEDERAL PATENT LANDS WITHIN THE CITY OF APACHE JUNCTION, REPEALING CONFLICTING RESOLUTIONS;AND DECLARING AN EMERGENCY,BE AND HEREBY IS ADOPTED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. EXECUTIVE SESSION OCTOBER 1,-1980 )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 OCTOBER 1, 1980,AT 6:00 P.M.IN THE CITY MANAGER'S CONFERENCE ROOM. the motion. VOTE:Unanimous The motion carried. INFORMATION AND REPORTS are many animals at the shelter in need of homes. Vice Mayor Granillo seconded Mayor Seeman stated there City Attorney Michael Curtis stated that the City Attorney's office has received from an anonymous donor, $500 as a reward for information leading to the arrest and conviction of the persons responsible for the vandalism of the automobile of Mr.and Mrs.Castro with the request by the donor that in the donor's opinion the funds be set up because of what the donor referred to as "Nazi or Communistic intimidation attempts" at the exercise of free speech by members of this community.Mr.Curtis stated the donor felt that this community ought not to allow that type of behavior, whether it was direct behavior or perhaps even behavior of juveniles influenced by adults.He stated the Attorney's office would turn over the money,hopefully with the cooperation of the newspaper in town and ask them to hold i t because it was understood there might be other people wishing to contribute.He said all information should be sent either in letter form or by phone to It.Seder at the Apache Junction Police Department and the Apache Junction Police Department will review the infor- mation to determine whether i t is legitimate or not.He added that anyone wishing to be anonymous in the turning over of this information would have their anonymity respected depending upon the requirements it might take to lead to arrest or conviction. Councilman Damiano commended the public works department on their performance on the night of the last storm. Councilman Hill also voiced his appreciation of the work done by staff and various committees within the City. Councilman Damiano spoke in defense of the Department of Public Safety.He stated the City's police response time is quicker than that of the County when they were responsible, and that they are polite. Mayor Seeman stated the Archie Lowe case will not be held on Monday in Superior Court;it will be held in two or three weeks. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17,1980 PAGE ELEVEN REQUESTS OF COUNCIL )Mayor Seeman directed the City Clerk to prepare for the election ballot staggered terms for the City Council to be put to the vote of the people. ADJOURNMENT )Vice Mayor Granillo MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, THAT THE MEETING BE ADJOURNED AT 8:50 P.M. the motion. VOTE:Unanimous The motion carried. The meeting adjourned at 8:50 p.m. APPROVED THIS CITY COUNCIL. first DAY OF Councilman Burgess seconded October ,1980 BY THE MAYOR AND VIRGINIA SEEMAN Mayor ATTEST: III RICH OESTERLE City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17,1980 PAGE TWELVE