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HomeMy WebLinkAbout1980-12-17 City Council Regular MinutesCITY COUNCIL MINUTES REGULAR MEETING December 17,1980 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 17,1980,at the Apache Junction Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Seeman called the meeting to order at 7:00 p.m. INVOCATION Councilman Eidson led the invocation. PLEDGE OF ALLEGIANCE Councilman Damiano led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Councilman Norman Hill,Councilman Jerry Burgess,Councilman Jimmy Eidson,Council- man Thomas Damiano,Mayor Virginia Seeman Councilmembers Absent: Councilman Marie Shanks,Vice Mayor John Granillo Staff Present:Ray Lee,City Manager Rich Oesterle, City ClerkMarlisDavis,Director of Administrative Services Joe Gero,Director of Planning Richard Broman,Director of Public Works Susan Goodwin,Assistant City Attorney Other with CouncilBusiness:Mr.Foresberg,269 N.Winchester,Apache Junction Mr.John Stancil,Representative of PCR Toups ACCEPTANCE OF THE AGENDA ) Councilman Damiano 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. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. VOTE:In favor --Councilman Damiano Councilman Hill Councilman Eidson Mayor Seeman Abstain --Councilman Burgess The motion carried. AWARDS,PRESENTATIONS,AND COMMUNICATIONS There were no awards,presentations,or communications. CALL TO THE PUBLIC Mayor Seeman opened the meeting to the public.There being no one wishing to address the Council,the Mayor Closed the meeting to the public. CITY MANAGER'S REPORT Mayor Seeman called upon the City Manager to give the City Manager's Report. City Manager Ray Lee reported that the City has received donations fromlocalcontractorsfortheCity's Community Services building of plumbing materials,electrical supplies,etc.He added this was in addition to employees donatingtheirtime;the stem walls are up and i t is staff's hope that the structure will be completed within the next few months.The in-house project will locally house the community services personnel and offer the public whatever services the City can. PUBLIC HEARINGS PROPOSED ORDINANCE NO.74,PZ-18-80 DELETING SUB -SECTION 23.02 OF THE APACHE JUNCTION ZONING ORDINANCE (WITH EMERGENCY CLAUSE) ) Mayor Seeman opened thepublichearingonthisitem.She stated i t is a Planning and Zoning initiative and asked the Planning Director to brief the Council and public on the petition. City Planner Joe nero stated the reason for deleting this section is that the wording of the Ordinance permits the Planning Commission to hold public hearings and determine whether or not a special use might be permitted.He stated it appears to be a tremendous delegation of power by the City Council to the Commission that is beyond the scope envisioned by the writers of the Arizona Revised Statutes.Thestatutes require that in order for a zone change to be created,the Council must, by Ordinance,create that zone change. He stated i t appears to be blatantlyunfairtooffer a proposition to the general public that they might apply for when, in fact,it appears to be an unlawful delegation of power.Mr Gero,stated the Commission, and the Director of Planning have:, therefore,unanimously voted to recommend to the Council that this section of the zoning ordinance be removed. Mayor Seeman asked if any member of the public wished to speak in favor of,or in opnosition to,the petition. There being no one wishing to address this item,Mayor Seeman closed the meeting to the ublic. 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.74,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 theCity Clerk to read Ordinance No. 74 by title only with the emergency clause. City Clerk Rich Oesterle read as follows:"Ordinance No.74,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY DELETING SUB -SECTION 23.02 (6);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.74,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY DELETING SUB -SECTION 23.02 (o);REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY,BE,AND HEREBY IS,APPROVED. motion. VOTE:Unanimous The motion carried. NEW BUSINESS Councilman Hill seconded the PROPOSED ORDINANCE NO.78 AIRPORT COMMISSION MEMBERSHIP (FIRST READING) ) Mayor Seeman stated the proposed ordinance on the Airport Commission membership would have its first reading and asked i f there was any discussion. Mr.Forseberg,269 N.Winchester Road, Apache Junction, an Airport Commission member,reviewed the recommendations of the Commission, and their reasons for the recommendations. Mayor Seeman stated this motion would be voted on at the first meeting in January.The !Ivor reminded the CouncilthatbecausetheCityCodestatestheCommissionmembersshallbecitizensof the City of Apache Junction,a change within the City Code would be involved. She stated the City has committed itself financially to the planning process ofthe Commission and that although she had no objection to extending the membership to seven,she did question the need for having a non -city resident on the Board. She stated the individual the Commission wishes to place on the Commission is presently an ex -officio member of the Commission and can make any recommendations he chooses;his only problem is that he cannot vote.She added she felt this Councilman Hill addressed the motion and stated the majority of people utilizing the Airport would befrom outside the City and, therefore,he did not think it would be harmfulto allow an outside individual a place on the Commission. Councilman Damiano addressed the possible location of the Airport and his feeling that an exception should be made for this specific commission. Mayor Seeman stated her concern is whether or not people from outside the City should be allowed to vote on the expenditure of City funds. Vice Mayor Granillo agreed with the Mayor. Mayor Seeman called upon the City Clerk to read Ordinance No.78,by title only,for the first reading. City Clerk Rich Oesterle read as follows: "Ordinance No.78,AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE CITY CODE AND ORDINANCE NO.37 SECTION 2-9-2A, 2-9-2B,AND 2-9-2C;REPEALING ANY CONFLICTING PROVISIONS,AND PROVIDING FOR SEVERABILITY." PROPOSED RESOLUTION NO.80-39 BUREAU OF THE CENSUS (WITH EMERGENCY CLAUSE) City Planner who wished to address the item. Mayor Seeman recognized the Director of Planning Joe Gero addressed the item,the need for approval of this resolution,and the importance of requesting that the Bureau of Census investigate and correct their population count.He then introduced Mr.John Stancil of PRC Toups.Mr.Gero explainedthat Mr.Stancil was not hired to prepare a defense to the U.S.Census Bureau; however,the information that he presented appeared to place the City in aposture to challenge the census count for the City of Apache Junction.Mr. Gero further explained that the population baseline,which PRC Toups is believed to have accurately projected,becomes the baseline from which the City makes all of its projections for water,transportation,land use studies,and the City Hall complex needs. Mr.John Stancil,represen-tative of PRC Toups,stated the function of the report was not to help theCitysubstantiatetheirclaim that an error was made in the census count;their function was to do other studies for the City representing water,sewer, land use,and the government complex,and in order to accurately project the needs of the community it was necessary to establish and agree upon a popu-lation baseline for future projections.Mr.Stancil then reviewed the reportfortheCouncilandpublictoinformthemhowtheresultswerearrivedat. Joe Gero,Director of Planning, pointed out that the numbers that Mr.Stancil has arrived at are similar to the ones in the FORESIGHT 80 publication.Re pointed out that in 1979 the U.S. Bureau of Census did perform a census count for Apache Junction's certification of incorporation and came up with a population of 10,121. Mr.Gero stated that in the report before the Council there are a number of indicators; i.e.increase in school enrollment,increase in re istered voters,etc.,which seem to be City Clerk Rich Oesterle read as follows:"Resolution No.80-39,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY,ARIZONA,APPROVING THE REPORT ENTITLED "POPULATION ANALYSIS FOR THE CITY OF APACHE JUNCTION,ARIZONA",AND WHICH INDICATED A YEAR-ROUND POPULATION IN THE CITY OF APACHE JUNCTION, ARIZONA,OF AT LEAST 10,500 PERSONS; DECLARING ITS BELIEF THAT THE U.S.CENSUS BUREAU ERRED IN THE POPULATION COUNT IN THE CITY OF APACHE JUNCTION, ARIZONA,IN 1980;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 RESOLUTION NO.80-39,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,APPROVING THE REPORT ENTITLED "POPULATION ANALYSIS FOR THE CITY OF APACHE JUNCTION",AND WHICH INDICATED A YEAR-ROUND POPULATION IN THE CITY OF APACHE.JUNCTION,ARIZONA,OF AT LEAST 10,500 PERSONS;DECLARING ITS BELIEF THAT THE U.S.CENSUS BUREAU ERRED IN THE POPULATrON COUNT IN THE CITY OF APACHE JUNCTION, ARIZONA,IN 1980;AND DECLARING AN EMERGENCY,BE,AND HEREBY IS,APPROVED. Councilman Damiano seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.84,ESTABLISHMENT OF THE APACHE JUNCTION COMMUNITY HEALTH COMMISSION (FIRST READING) ) Mayor Seeman stated this item was requested by the Mayor,drafted by the Mayor and Staff,and reviewed the the City Attorney.She gave some background concerning the proposedOrdinance,and stated the second reading of the proposed Ordinance would be conducted at the first meeting in January. Mayor Seeman called upon the City Clerk to read Ordinance No. 84 by title only for its first reading. City Clerk Rich Oesterle read as follows: "Ordinance No.84,AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING CHAPTER 2 OF THE CITY CODE BY ADDING ARTICLE 2-10 ESTABLISHING THE APACHE JUNCTION COMMUNITY HEALTH COMMISSION,PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES,AND PROVIDING FOR SEVERABILITY EXECUTIVE SESSION JANUARY 7, 1981 ) 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 7TH DAY OF JANUARY,1981,AT 6:00 P.M. IN THE CITY MANAGER'S CONFERENCE ROOM. Vice Mayor Granillo seconded the motion. REQUESTS OF COUNCIL Councilman Eidson wished everyone present a Merry Christmas and Happy New Year. ADJOURNMENT ) Councilman Damiano MOVED THAT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT THE MEETING BE ADJOURNED AT 8:04 P.M. Vice Mayor Granillo seconded the motion. VOTE:Unanimous The motion carried. APPROVED THIS SEVENTH DAY OF JANUARY ,1981,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. /•'• VTIRGIVA SEEMAN Mayor ATTEST: