Loading...
HomeMy WebLinkAbout1987-01-27 City Council Special Minutes CITY COUNCIL SPECIAL MEETING JANUARY 27, 1987 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on January 27, 1987, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Hill called the meeting to order at 6:07 p.m. ROLL CALL Councilmen Present: Councilman Burgess Councilwoman Taylor Councilwoman Gardner (arrived at 6:15 p.m. ) Councilman Baljo Councilman Eidson Vice Mayor Bakkedahl (arrived at 6:15 p.m. ) Mayor Hill Staff Present: City Manager Bill R. Da Vee City Clerk Kathleen Connelly City Attorney David Alexander DIRECTION TO CITY ATTORNEY TO PROCEED WITH REQUEST FOR INJUNCTION REGARDING HAZARDOUS WASTE DEPOSITS NORTH OF CITY AND/OR AUTHORIZE ALTERNATE COURSE OF ACTION Councilman Eidson reported on meetings with County Supervisors and that the State is planning to treate the hazardous waste on-site, but they have been informed that the only acceptable alternative is to remove the waste from north of Apache Junction to prevent infecting our water supply, and suggested seeking an injunction regarding these waste deposits. City Attorney David Alexander explained that injunctions are "extraordinary relief" under the Law, and evidence would have to demonstrate that there is immediate and irrepairable harm that is going to occur in order for a court to issue an injunction, and is usually part of a lawsuit, so a lawsuit would have to be commenced, possibly against the State. Mr. Alexander also stated that the we would have to prove that the City has an interest, such as water being affected, and the problem SPECIAL MEETING OF THE CITY COUNCIL JANUARY 27, 1987 PAGE 1 with obtaining a preliminary injunction is the proof, an extra opinion that a danger exists to the City, and as we will be dealing with the State, a court injunction cannot be issued to prevent the enforcement of a public statute by officers of the law for the public benefit. Mr. Alexander suggested that the State may come in and say "we are merely exercising our legal rights under a public statute, by ordering the treatment of this material at it' s present location and therefore no injunction may be issued against us", but currently there is no expert opinion that we can take to court to get a preliminary injunction, so that expertise should be the first action taken. Mr. Alexander also stated that when an injunction is issued, the defendant can request that a security bond be posted, if they can show that they can be harmed somehow by not allowing certain actions to take place, such as water being contaminated because they are not allowed to treate the waste materials. Councilman Eidson asked if allowing the material to be moved here is not an admission of guilt on the State' s part? Mr. Alexander replied that it is an admission that a dangerous element is in existance at a location, but merely because something is dangerous, we are asking that dangerous condition to continue to exist, if we enjoin them from treating. Councilman Baljo commented on the effects to our water supply, and pointed out that the City has already spent a lot of money for many different studies by engineers, and that we need to act on this as soon a possible. Mayor Hill stated that no one wants to drop this problem, but would it be appropriate to expend City funds on this issue, as it is outside the City limits. Mr. Alexander stated that possibly past studies done on water flow into the City may be of assistance, to point out a danger to City residents, and that the City Engineer may be able to make determination. Councilwoman Gardner asked if the City could test a sample themselves. Mr. Alexander explained that the City cannot take a sample until a judge order us to do so, as we would be liable for civil suit. Mr. Judah stated that the State Health Department admitted that the waste is contaminated, but they don 't know what is in the soil , and asked what the City Council intends to do to rectify this situation. SPECIAL MEETING OF THE CITY COUNCIL JANUARY 27, 1987 PAGE 2 Mayor Hill replied that the City Council will do what is possible, but as it' s not within City limits, it will take time to determine an avenue. Mr. Joe Saggio suggested a lawsuit to remove the waste, and not waste time on an injunction. Councilwoman Gardner asked how long a lawsuit would take. Mr. Alexander stated that it could take months for removal of the hazardous waste. Vice Mayor Bakkedahl stated that in a letter from the State Department of Health Services, they practically admit'._ guilt. Mr. Lewis . ' g , 5554 Highway 88, Apache Junction, addressed the Council in regards to the waste. Mr. Darold Hane, 5254 E. Apache Trail , Apache Junction, a resident near the dumping site, addressed the City Council . Councilman Baljo MOVED THAT THE CITY MANAGER BE DIRECTED TO CONTINUE THE INVESTIGATION THROUGH THE CITY ENGINEER IN A RESEARCH OF THE EXISTING DOCUMENTS OF THE CITY, AND THAT A DETERMINATION WILL BE MADE WITHINQ A FEW DAYS TO HAVE ANOTHER MEETING FOR FURTHER DISCUSSION AND DETERMINATION AFTER REVIEWING RECOMMENDATIONS FROM THE CITY ENGINEER AS TO THE DANGER TO THE CITY, DUE TO RUN-OFF, AND TO INVOLVE PINAL COUNTY IN THE PROCESS. Councilman Eidson seconded the motion. VOTE: Unanimous The motion carried. ADJOURNMENT Councilman Eidson MOVED THAT THE MEETING BE ADJOURNED AT 6:53 P.M. Councilwoman Gardner seconded the motion. VOTE: Unanimous The motion carried. SPECIAL MEETING OF THE CITY COUNCIL JANUARY 27, 1987 PAGE 3 ACCEPTED THIS DAY OF , 1987, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF , 1987. NORMAN S. HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL JANUARY 27, 1987 PAGE 4