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HomeMy WebLinkAbout1980-11-05 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING November 5, 1980 The regular meeting of the City Council of the City of Apache Junction was held on November 5, 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 7:02 p.m.in the City Council Chambers. INVOCATION Councilman Shanks gave the invocation. PLEDGE OF ALLEGIANCE Councilman Eidson led in the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Virginia Seeman,Councilman Thomas Damiano,Councilman Jimmy Eidson,Councilman Norman Hill,Councilman Marie Shanks Councilmembers Absent:Vice Mayor John Granillo,Councilman Jerry Burgess Staff Present: Others With Council Business: G.Ray Lee,City Manager Rich Oesterle,City ClerkMarlisDavis,Director,Administrative Services Joe Gero,Director of PlanningBillMcDaniel,Director of Public Safety Rich Broman,Director of Public Works Mike Curtis,City Attorney Leo Frazier,Building Official Kathleen Anderson,1517 West Indian School Rd.,PhoenixBob Westburg,910 S.Lawson,Apache Junction Ken Higgins,Wickenburg Dan Andrews, 1975 North LaBarge Rd.,Apache Junctior Bob Condra, 32nd St.,Silly Mountain Area Candace Cook, 1439 N.66th Place,Mesa Charles Golzio,5833 N.70th Place, Scottsdale Bob Bogart,Apache Junction Chamber of Commerce Frank Tate,1094 S. Main Drive,Apache Junction ACCEPTANCE OF AGENDA ) Mayor Seeman stated that Councilman Shanks MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, THATAGENDA ITEMS FOUR,FIVE,AND SIX BE MOVED TO THE BACK OF THE AGENDA TO FOLLOW ITEM NUMBER ELEVEN. Councilman Damiano secondedthe motion. VOTE:Unanimous The motion carried. ACCEPTANCE OF THE MINUTES OF THE REGULAR MEETING OF OCTOBER 15,1980 ) Mayor Seeman stated she would like to have filed with the minutes a copy of the report from the Chamber of Commerce and,additionally,a correction to the minutes needs to be made toreflectCPVCandPVCin a motion made by the mayor rather than ABC and PVC. 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 OCTOBER 15,1980 BE,AND HEREBY ARE,AMENDED;AND TO INCLUDE THE CHAMBER OF COMMERCE BUDGET REPORT. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. AWARDS,PRESENTATIONS,AND COMMUNICATIONS Mayor Seeman stated she had two awards to present.She presented a Certificate of Appreciation to Kathleen Anderson on the Community Attitude Survey.She stated the certificate was for performing an arduous task for the benefit of the community in the preparation of the Community Attitude Survey. Mayor Seeman stated there were some pictures donated to the City Council Chamber that were taken in approximately the 1930's.The Mayor read a letter to Commission&_Tellent .concerritrigrecognitionofthepicturesandtheir possible historical value to the City. Mayor Seeman read a letter from the'Department of Economic Security in regard to the location of the D.E.S.facility within the City limits of Apache Junction.I t indicated a request by the Department of Economic Security for $9,400 in the FY 1982 budget to lease space for an office in Apache Junction.The letter was signed by the Governor. Mayor Seeman called upon Kathleen Anderson to present the Community Attitude Survey. Kathleen Anderson,1517 West Indian School Road,Phoenix,stated that as part of her Masters program she asked for, and received permission from, the City Council to conduct a CommunityAttitudeSurvey in order to assess the need for services in the leisure communityof A ache Junction.She stated 202 of the residents of the communit were contacted CALL TO THE PUBLIC Mayor Seeman called upon Bob Westburg and Ken Higgins. Bob Westburg,910 S. Lawson, stated he wished to introduce Western Cable Television Services,Inc.He statedhisdesireis to appear before the Council and request a franchise for cabletelevisionin Apache Junction. Ken Higgins of Wickenburg stated from the beginning of the company, Western Cable Television,the desireof the principal people in the company was to appear before the Council and ask to begin negotiations,if desirable by the Council,to start the long process of issuing a license to a cable television company. He addressed the types of programming available through Western Cable Television. Councilman Eidson stated he would not support a station that would show naked men and women in bed togetherat 6:00 p.m. on a Sunday evening. Mr. Higgins stated that in any cable television system there are,unfortunately,going to be movies like those referred to by Councilman Eidson,but added there are alternatives.He stated Councilman Eidson is speaking of one channel,his company offers thirty. He stated the programming format has been designed so that a person can buy cable television and not have to receive what Councilman Eidson is referring to. He stated there is an alternative called Home Theatre Network which shows nothing but family -type movies.He stated his company does not,and will not, offer hard-core pornography.He added Christian Broadcasting Network, the Cable News Network,and Channel 17 from Atlanta were examples of programming offered. Mayor Seeman recognized Dan Andrews who wished to address Resolution No.80-10 in regard to the City's zone of influence. Dan Andrews, 1975 North LaBarge Rd.,Apache Junction, stated he is in the zone of influence.He asked why the public was not told that the City Planning and Zoning Commission would have to be consulted for their recommendation before any change in zoning or variances of the zone could be made.He stated the citizens were told by Council that the reason for creating this zone of influence was so that Mesa and Gilbert could not annex the area and surround the City of Apache Junction.He asked that Council reconsider the Resolution creating the zone of influence,and asked that i t be either eliminated completely or revised to apply only to the originalapplicationofkeepingMesaandGilbertfrom annexing east. Mayor Seeman stated the Council fully understood Resolution 80-10 and, if her memory served her correctly,it was a unanimous decision by the Council.She asked the Planning Director to once again explain the intent of Resolution 80-10. Planning Director Joe Gero stated that Resolution 80-10 has no effect on the ability of the City to make recommendations with regard to proposed special use permits,board actions, or commission actions,or actions taken by the Board of Supervisors of Pinal County with regard to any land use matters.He stated the point about zoninginfluencethroughResolution80-10 is really not a valid issue at all.He stated what Resolution 80-10 does do is tell the various communities that might desire to annex those portions of land in Pinal County that are in proximity to the City He stated that subsequently i t regressed to a twelve square mile area,and in essence his understanding is that i t gives the greatest appearance that even though he (Mr.Condra)lives outside the City of Apache Junction,the City's governing area,he is falling under unnecessary,unwanted, and unneeded regulationcontrolsbytheCityand i t is also his understanding that in the past there have been several individuals in the so-called zone of influence that have had to come through the City Council in order to get business (building?)permitsforsuchthingsasbeautyparlors,automotive repair installations,and services of that sort.He stated that i f twelve square miles is all the City could get in the beginning,and not the 36,why not leave the 36 miles alone and just play with the 12 square miles. City Attorney Mike Curtisstatedhebelievedthere was a misunderstanding about what the Resolution does. In an attempt to clarify Resolution 80-10 City Attorney Mike Curtis asked thefollowingquestionsoftheCityPlanner who responed as indicated: City Attorney: City Planner: City Attorney: City Planner: City Attorney: City Planner: City Attorney: City Planner: "Does the City gain any authority to zone, re -zone,or not zone the utilization of property by land owners outside the City?" "The City does not.As a matter of fact,and I think therecord will be very clear,if Mr.Condra or anybody else would like to check with Pinal County officials,thereare written communications on each one of the cases, the beauty shop recently,quite a number of other rezoningsin which people have been invited to come to us because we have had a written request from Pinal County to make a recommendation to them.The power or recommendation is not the power to create an action and the record will be very clear,Pinal County has more often than not, gone in a different direction than the recommendation of theCity of Apache Junction or its Planning Commission." "Mr.Gero, is this whole process similar to the advisoryrolethattheCityplays with respect to liquor licenses?" "That's correct." "Non -binding,with simply for information only?" "Simply for information." "So there is no real ability to exert any direct ,control, do anything other than simply give recommendations to an outside body,namely the counties that have jurisdiction?" "That's absolutely correct and the record will show that. As I said,that more often than not the County has chosen to go opposite the recommendation of the City which clearly shows that i t is strictly a recommendation; that quite often you get two or more agencies having different recommendations to Pinal County or whomever; and maybe in conflict,and they have to resolve it." Councilman Shanks commentedthatitis common practice of Pinal County to ask the City for recommendations; they have done that since the day,the City incorporated so i t is nothing unusual. She stated i t is a common courtesy as stated by Mr.Gero, and has nothing to dowithResolution80-10. City Attorney Mike Curtis suggested that if a legal opinion is apparently going to be required to determine the effect of the law,his office will get a legal opinion both in-house and from Pinal County in order to allow the lawyers to find out what the interpretation i He stated he will be happy to report back to the Council as to the implications, the zone of influence,and whether or not the City is in any way taking the propertyof,or influencing the property of,people outside the City limits.In response to Mayor Seeman's request,the City Attorney stated he would make every effort to produce the opinion within 30 days. Councilman Shanks statedthat while making the inquiry perhaps all borders should be touched;both counties, and have them give their opinions of how they interpret it.She stated that when the information is available she would like the two gentlemen to be notified bymail. Mayor Seeman stated itemsfour,five,and six have been unanimously postponed until after agenda item 11. PUBLIC HEARINGS LIQUOR LICENSE APPLICATION CANDACE COOK, LUCKY NUGGET ) Mayor Seeman stated the item is a public hearing for a transfer of liquor license,the applicant is Candace Cook of the Lucky Nugget.She asked that the applicant,if present, speak in reference to the request for transfer. Candace Cook,1439 N.66th Place,Mesa,stated she purchased the Lucky Nugget in September and since that time she has cleaned up the interior and the building,and has made some changes hoping to attract a better clientele which she believes she has accomplished. She added she has had no problems in the Nugget since she has taken over and shefeltthiscouldbeverifiedby the Apache Junction police. Mayor Seeman asked i f there were any members of the public wishing to address the issue. Dan Andrews stated he has been in the Lucky Nugget prior to,and since,Ms.Cook's takeover and i t has been cleaned up considerably. There being no further members of the public wishing to address the item,Mayor Seeman closed the hearing to the Public. Councilman Damiano suggestedthatthe application be revised to indicate Superstition Elementary School as the nearest school Councilman Shanks askedif Ms.Cook is a citizen of the United States. Ms.Cook stated she is not a citizen of the United States. Mayor Seeman reminded theCityCouncilthattheCouncilonlyrecommends to the State of Arizona;the City does not issue li uor licenses. VOTE:Unanimous The motion carried. LIQUOR LICENSE APPLICATION CHARLES AND MILDRED GOLZIO,DESERT LIQUORS ) Mayor Seeman stated the item is a public hearing for transfer of liquor license,the applicants are Charles and Mildred Golzio of Desert Liquors.She asked the applicants i f they would like to speak on the item. Charles Golzio,5833 N. 70th Place,Scottsdale,stated he purchased the liquor store on October 1st and has been operating i t since that time. Mayor Seeman asked i f there were any members of the public wishing to address the item.There being no one in the public wishing to address the item,Mayor Seeman closed thehearingtothepublic. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE APPLICATION FOR TRANSFER OF SPIRITUOUS LIQUOR LICENSE,SERIES 9, OFF -SALE RETAILER'S LICENSE TO SELL ALL SPIRITUOUS LIQUOR, BY APPLICANTS CHARLES AND MILDRED GOLZIO,DESERT LIQUORS,BE,AND HEREBY IS,RECOMMENDED FOR APPROVAL TO THE DEPARTMENT OF LIQUOR LICENSE AND CONTROL. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. SPECIAL LIQUOR LICENSE APACHE JUNCTION CHAMBER OF COMMERCE (LOST DUTCHMAN DAYS) ) Mayor Seeman stated this is a public hearing for a special event license with the applicant being the Apache Junction Chamber of Commerce.She called upon Bob Bogart to address the item. Mr.Bogart of the Apache Junction Chamber of Commerce Board of Directors stated the State Liquor Department has seen fit to establish this special new section within the liquor law to allownon-profit organizations a limited liquor license to be used in conjunction with special occasions.He stated that the Chamber has applied for a limitedliquorlicensetorunfortwo days in conjunction with Lost Dutchman Days and the Apache Junction rodeo.He stated i t is hoped that through the operation of the limited liquor license the Chamber will be able to derive finances to help support the Chamber. anyone in the public wished to address the issue. Mayor Seeman asked i f Mr.Andrews asked i f a business license would be involved with the temporary liquor permit': Mr. Bogart stated only beer would be sold. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE APPLICATION FOR A SPECIAL EVENT LICENSE SUBMITTED BY THE APACHE JUNCTION CHAMBER OF COMMERCE FOR JANUARY 24, 1981,AND JANUARY 25,1981, DURING LOST DUTCHMAN DAYS BE,AND HEREBY IS,RECOMMENDED FOR APPROVAL TO THE DEPARTMENT OF LIQUOR LICENSE AND CONTROL. Councilman Hill secondedthe motion. VOTE:Unanimous The motion carried. UNFINISHED BUSINESS None. MAYOR SEEMAN CALLED A TEN MINUTE RECESS. MAYOR SEEMAN CALLED THE MEETING RACK TO ORDER AND STATED FOR THE RECORD THAT COUNCILMAN SHANKS WOULD NOT BE IN ATTENDANCE FOR THE REMAINDER OF THE MEETING. NEW BUSINESS APPOINTMENTS TO THE BOARD OF ADJUSTMENT ) Mayor Seeman stated that when going through the Talent Bank applications it was apparent that the City is short on Board of Adjustment applicants.She stated the Council wants people who would like to serve in these positions,i t takes a lot of donated time.Shestatedshe has one appointment to make and hopefully in the special meeting would be able to make the second appointment.She stated she realized i t placed a hardship on the board to make only one appointement but that is all there is. Mayor Seeman MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT HARVEY MORRISON BE APPOINTED TO THE BOARD OF ADJUSTMENT,SAID TERM TO EXPIRE JUNE 30,1982. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman asked Mr.Morrison to stand in order that the City Council might know who he is. EXECUTIVE SESSION,NOVEMBER 19,1980 )Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION INFORMATION AND REPORTS Mayor Seeman stated City Hall Spotlight has had the times changed to 6:15 a.m.and 8:30 p.m. Sundays. REQUESTS OF COUNCIL Mayor Seeman MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT DEDE SCHEFF,RAYMOND FOISY,AND LOIS BROMAN BE APPOINTED TO THE PARKS AND RECREATION COMMISSION,SAID TERM TO EXPIRE APRIL 1,1981;GERALD BRIGHT, RONALD STAPELS,AND PHIL RICHARDSON BE APPOINTED FOR A TERM TO EXPIRE APRIL 1,1982; AND THOMAS FARRELL,HARVEY LONG,AND MARGARET CARLIN BE APPOINTED FOR A TERM TO EXPIRE APRIL 1,1983. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Councilman Eidson pointed out that he had read in the paper that someone had stated the $700 no -costbuildingpermit would not affect anyone in Apache Junction.He stated he had spoken with Mr.Frazier who checked into the allegation and found that since the City is now using a fifty percent modifier which,in effect,means that any application made for a building permit for a project of $1400 or less there is no cost on the building permit.He stated that about twenty permits a monthrightnow are being affected by this so some people have been helped.He stated another point brought up by Mr.Frazier is that in one month there were aboutsixhousefireswithintheCitylimits which sometimes presents a problem because the insurance does not fully pay for the damage done and also the individual involved might have to get his plans drawn up and approved before he can get abuildingpermittorepair whatever might have been damaged. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THAT DIRECTION BE GIVEN TO THE CITY STAFF TO PREPARE AN AMENDMENT TO THE UNIFORM BUILDING CODE TO REFLECT THE EXEMPTION OF BUILDING PERMIT FEES TO THOSE PROPERTY OWNERS WHO EXPERIENCE STRUCTURAL DAMAGE BY FIRE,STORM,OR OTHER ACTS OF GOD. Councilman Damiano seconded the motion. 'Councilman Eidson stated he would like to have this item ready by next meeting night. Councilman Damiano asked i f the motion should be made residential or commercial. City Attorney Mike Curtis stated the precise wording was that the people who were more or less dispossessed by fire or destruction compared with the wording;he stated the wording would require staff to conclude that -a major shopping center that was destroyed by fire or a large commercial or industrial development would also be exempt from those fees.He stated the Council could sim l insert the word residential in the VOTE:Unanimous The motion carried. Councilman Hill pointed out a dangerous intersection in Apache Junction he feels needs to be dealt with. He stated the problem area is Fourth Avenue and Tomahawk.He would like thepossibility of putting in a four-way stop investigated. City Manager Lee statedthattheCityCouncilmight want to consider the Public Hearings for Items four,five,and six this evening in case it would inconvenience anyone who showed upforthepublichearing,and then recess. Mayor Seeman stated she skipped the City Manager's report and asked the City Manager i f he would like to provide that information. City Manager Ray Lee called upon the Director of Public Works to give a status report on the street sign project. Director of Public Works, Richard Broman,stated the City has begun the installation of the street signs in conjunction with the $62,000 grant from the Governor's office.He stated the City is presently putting up the steel posts and as soon as the recommendation comes in from the street -naming committee and the Planning and Zoning Commission, and the Council takes action on the street names the street name signs will be ordered and attached to the posts.He stated work is starting in the northeastquadrant and then working the southeast,and northwest,and the southwest.He stated i t is very possible that a majority of the sign posts will be up prior to the fabrication and then getting the signs up can be expedited.Mr.Bromanfurther advised the Council that construction has begun in conjunction with the $192,000 AORCC grant for the baseball field and the tennis courts;the area has been cleared,the contractors have moved in,and the project has begun being layed out. City Manager Lee called upon the Building Official to address the volume of building permits which is a strong indicator of growth within the corporate limits. Leo Frazier,BuildingOfficial,stated that the permit activity is up 60 percent in a single month. He stated 100 permits were issued and the value of construction for the month of October was $1,569,000 in round figures.In addition,the State Divisionof Mobile and Manufactured Housing Standards is holding public hearings inanticipationofthe adoption of the 1979 Uniform Building Codes, and the 1981 National Electric Code.Mr.Frazier stated that additionally the City of Mesa has adopted the 1979_ UBC that will go into effect November 19th.He stated this provides for consistency for the contractors because everyone will be using the same code. City Manager Ray LeecalledupontheDirector of Public Safety to give an activity report for the month of October. Director of Public SafetyBillMcDanielreviewedtheactivityreportforthepolicedepartment with theCityCouncil.In addition,Chief McDaniel stated 122 animals were picked up durin the month,seven new kennels have been almost completed and will be in Director of Planning Joe Gero stated the Planning and Zoning Commission was sending to the Council,with a vote of 6 to 1,the recommendation to approve proposed Ordinance 70 which amends Section 2804,fees,in the Zoning Ordinance.He stated most of the feesare already in existence in the ordinance and the several changes provide for a $65 fee and a standard rezoning fee of $100. He stated what it will do,additionally,is clarify that public officials are exempt from the fees when operating in their public capacity.I t also provides protection for the public in that currently the ordinance says that anyone who has filed cannot regainthatfeeinany way,shape, or form even if,just hours after they filed they have had a change in circumstances and wish to withdraw that application.He stated i t has been recommended that there be an administrative charge of ten percent taken out of i t because there will have been checks that have come in,receipts that were issued,etc.He stated the feeling is that the public should have the money returned to them i f there have been no basic expenses. Mayor Seeman asked i f there was anyone wishing to speak in favor of,or in opposition to,the petition.As there was no one wishing to address the hearing,Mayor Seeman called upon the Planning Director for his recommendation. Joe Gero,PlanningDirector,recommended that the Council pass the proposed ordinance. meeting to the public. REQUESTS OF COUNCIL Director of Public Works Richard Broman. Mayor Seeman closed the Mayor Seeman recognized Richard Broman,Directorof Public Works,stated that he had been asked by the residents of Apache VillaIIItoassistthem in preparing a Street Light Improvement District.Mr.Bromanoutlinedtheprocedurefor improvement districts, outlined the options available,and stated a list of over two-thirds of the residents' names in the area who want the street lights have been obtained.He stated Mr.Frank Tate was designated as the spokesman for the residents. Mayor Seeman recognized Mr. Tate. Mr.Frank Tate,1094 S. Main Drive,Apache Villa III,stated that the people in the area have askedthatstreetlightsbeputin due to the fact that there have been quite a few acts of vandalism in the area and people don't feel safe.He stated when the homes were purchased they were sold as improved lots with street lighting and consequently the residents of the area have already paid the bill for thelighting.He stated as a result of the transition of going from the County to the City there has been a delay in getting them and the residents are now requesting the City initiate appropriate action to obtain the lighting. Councilman Damiano asked who would pay for it. Mr.Broman stated that only, those people in Apache Villa III would be paying for the improvementdistrict. Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THAT THE CITY COUNCIL HEREBY DIRECT THE CITY MANAGER TO PREPARE THE DOCUMENTS NECESSARY FOR FURTHER ACTION BY THIS COUNCIL IN ORDER TO PROCEED WITH THE FORMATION OF THE STREET LIGHT IMPROVEMENT DISTRICT FOR APACHE VILLA III,AS OUTLINED IN OPTION NO.1 Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. MAYOR SEEMAN RECESSED THE CITY COUNCIL MEETING UNTIL 7:00 P.M.,NOVEMBER 6, 1980 AT WHICH TIME THE MEETING WILL RECONVENE IN THE CITY COUNCIL CHAMBERS FOR THE • PURPOSES OF CONTINUING THE AGENDA. MAYOR SEEMAN CALLED THE MEETING BACK TO ORDER AT 7:04 P.M. ON NOVEMBER 6, 1980 IN THE CITY COUNCIL CHAMBERS. DEPUTY CITY CLERK, MARLIS DAVIS,ESTABLISHED THAT THE FOLLOWING COUNCILMEMBERS WERE PRESENT:VICE MAYOR JOHN GRANILLO,COUNCILMAN THOMAS DAMIANO,COUNCILMAN JIMMY EIDSON,COUNCILMAN MARIE SHANKS,COUNCILMAN NORMAN HILL,AND MAYOR VIRGINIA SEEMAN.COUNCILMAN JERRY BURGESS WAS NOT PRESENT. PUBLIC HEARINGS PROPOSED ORDINANCE NO.70,PZ-16-80 ZONING ORDINANCE SECTION 2804 -FEES (SECOND READING WITH EMERGENCY CLAUSE) because there were not six councilmembers presenttake action at the meeting Of November 5, 1980 on •) Mayor Seeman stated thatth“Ouncil was unable to proposed Ordinances 70 and 71. Mayor Seeman asked i f there was anyone in the audience wishing to address the item.There being no one in the public wishing to address the item,Mayor Seeman closed the hearing to the public. Councilman Eidson MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE READING OF ORDINANCE NO.70,BE READ BY TITLE ONLY,WITH THE EMERGENCY CLAUSE, AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. Mayor Seeman called upon the Deputy City Clerk to read Ordinance No. 70 by title only with the emergency clause. Councilman Damian() MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.70,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY REPEALING SECTION 2804 "FILING FEES"AS AMENDED BY ORDINANCE NO.32 AND INSERTING IN LIEU THEREOF A NEW SECTION 2804 "FILING FEES";REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY BE,AND HEREBYIS,APPROVED. seconded the motion. VOTE:Unanimous The motion carried. RESOLUTION NO.80-34,DECLARING COPIES OF THE CODIFIED ZONING ORDINANCE AS A PUBLIC DOCUMENT (WITH EMERGENCY CLAUSE) there was any discussion on the item.There was none. Vice Mayor Granillo Mayor Seeman asked i f Councilman Damian°MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE -JUNCTION, ARIZONA-,THAT RESOLUTION 80-34,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED CITY CODE OF APACHE JUNCTION,- ARIZONA,(VOLUME II),LAND DEVELOPMENT CODE,CHAPTER 1,APACHE JUNCTION, ARIZONA, ZONING ORDINANCE,WHICH MAY BE REFERRED TO AS THE "APACHE JUNCTION,ARIZONA, ZONING ORDINANCE",AND INCLUDES BY REFERENCE THE MAP ENTITLED,"ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA";AND DECLARING AN EMERGENCY BE,AND HEREBYIS,APPROVED. the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.71,PZ-17-80 READOPTION OF CODIFIED ZONING ORDINANCE (SECOND READING) there was any discussion On the item.There was none. Councilman Shanks seconded Mayor Seeman asked i f 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.71,BE READ BY TITLE ONLY,AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Hill seconded the motion. VOTE:Unanimous The motion carried. Deputy City ClerkMarlisDavisreadasfollows: "Ordinance No.71,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, REPEALING ORDINANCE NUMBERS 8,14,27, 28, 30,32, 33, 34,41,44, 45, 46, 48, 55, 56,57,60,61,62,AND 70,BEING THE "APACHE JUNCTION,ARIZONA,ZONING ORDINANCE",AS AMENDED;AND INCLUDING BY, REFERENCE THE MAP ENTITLED "ZONING DISTRICT MAP, CITY OF APACHE JUNCTION,ARIZONA",AND ADDING TO THE CITY CODE OF APACHE JUNCTION, ARIZONA,IN LIEU THEREOF A CODIFICATION OF ORDINANCE NUMBERS 8,14,27, 28,30, 32, 33,34,41, 44, 45, 46, 48,55,56, 57, 60,61,62,AND 70,INCLUDING THE ADOPTION BY REFERENCE OF THE MAP ENTITLED "ZONING DISTRICT MAP, CITY OF APACHE JUNCTION,ARIZONA; TO BE HENCEFORTH KNOWN AS CITY CODE OF APACHE JUNCTION, ARIZONA,ZONING ORDINANCE;PROVIDING PENALTIES FOR THE VIOLATION THEREOF;REPEALING ANY CONFLICTING PROVISION;AND PROVIDING FOR SEVERABILITY." Councilman Damian° MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT ORDINANCE NO.71,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,REPEALING ORDINANCE NUMBERS 8,14,27,28, 30, 32, 33,34, 41, 44, 45, 46, 48, 55, 56, 57, 60, 61, 62,AND 70,BEING THE "APACHE JUNCTION, ARIZONA, ZONING ORDINANCE",AS AMENDED,AND INLCUDING BY REFERENCE THE MAP ENTITLED "ZONING DISTRICT MAP, CITY OF APACHE JUNCTION,ARIZONA"AND ADDING TO THE CITY CODE OF APACHE JUNCTION, ARIZONA,IN LIEU THEREOF A CODIFICATION OF ORDINANCE NUMBERS 8,14,27, 28,30, 32,33,34, 41, 44, 45, 46, 48,55, 56, 57, 60,61,62,AND 70,INCLUDING THE ADOPTION BY REFERENCE THE MAP ENTITLED "ZONING DISTRICT MAP, CITY OF APACHE JUNCTION,ARIZONA", TO BE HENCEFORTH KNOWN AS CITY CODE OF APACHE JUNCTION, ARIZONA,(VOLUME II),LAND DEVELOPMENT CODE, CHAPTER 1,APACHE JUNCTION, ARIZONA,ZONING ORDINANCE;PROVIDING PENALTIES FOR THE VIOLATION THEREOF;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY BE,AND HEREBY IS,APPROVED. Councilman Eidson secondedthe motion. VOTE:Unanimous The motion carried. ESTABLISHMENT OF A PERSONNEL BOARD ) Mayor Seeman stated she would like to request of the City Council the establishment of a Personnel Board.She stated there is an interim one but she would like to relieve those people of those duties and make a permanent appointment to the Personnel Board. She stated the people she has asked to serve have been contacted and are willing to serve on the Board.She stated those people are Marvin Halbert,Lillian Castro, and Gary Collins. Mayor Seeman MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT MARVIN HALBERT,LILLIAN CASTRO,AND GARY COLLINS BE,AND HEREBY ARE, APPOINTED AS MEMBERS OF AN INTERIM PERSONNEL BOARD PENDING THE ADOPTION OF A PERSONNEL BOARD ORDINANCE. Councilman Hill secondedthe motion. VOTE:Unanimous The motion carried. ADJOURNMENT There being no further business to discuss,Mayor Seeman adjourned the meeting at 7:20 p.m. APPROVED THIS CITY COUNCIL. ATTEST: 19th DAY OF November RICH OESTERLECityClerk , 1980 BY THE MAYOR AND ,4(44 .0,414 VIR LNYA SEEMAN Mayor