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HomeMy WebLinkAbout1993-01-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 5,1993 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 5,1993 at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Damiano called the meeting to order at 7:02 p.m. INVOCATION Vice Mayor Eidson gave the Invocation. PLEDGE OF ALLEGIANCE Councilwoman Barker led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Perkins Councilwoman Alger Councilman Cox Staff Present: (Councilman Coleman arrived at 7:34 p.m.) City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Director of Public Safety Bill McDaniel Director of Public Works Rich Broman City Engineer Gordon Grandy Planning Division Manager Jim Nakagawa Assistant Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Councilwoman Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT RESOLUTION NO 92-33,PROVIDING NOTICE OF THE REGULAR PRIMARTELECTION;- ESTABLISHING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS REGULARJEETING OF THE CITY COUNCIL JANUARY 5,1993 PAGE 1 OF 8 WILL BE OPEN;AND APPOINTING ELECTION OFFICIALS FOR FIXING THEIR RATE OF COMPENSATION,BE APPROVED;AND THAT MR.KEN SANCHEZ,A MEMBER OF THE BOARD OF ADJUSTMENT WHO HAS MISSED THE LAST THREE MEETINGS WITHOUT PROVIDING NOTIFICATION TO THE BOARD,BE REMOVED FROM THE BOARD OF ADJUSTMENT MEMBERSHIP;AND THAT THE INTERGOVERNMENTAL AGREEMENT FOR FISCAL YEAR 1992-93 WITH PINAL COUNTY HEALTH DEPARTMENT FOR SPECIFIC HEALTH -RELATED SERVICES,BE APPROVED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. The Council acknowledged Mr. Sanchez'work as a member of the Board of Adjustment. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC None. CITY MANAGER'S REPORT City Manager Mike Lee reported on the project at the Broadway Avenue and Delaware Drive intersection and explained that work has been suspended because of the rain and it is difficult to predict when it will resume;that the traffic signal at Tomahawk and old U.S.Highway 60 is out for bids and it's not too far from being completed;and that the Megafoods off -site work has started but it's being delayed by the rains. Mr.Lee reported there have been some reorganization changes in the Building Division and stated that Mr.Eggleston is the Interim Building Official and Safety Manager;Tresa McDonald is Zoning Administrator;and that some physical changes in the building are being made to make it more customer service oriented. PUBLIC HEARINGS ORDINANCE NO.855:AMENDING THE STREET NAMING MAP,APACHE JUNCTION,ARIZONA, BY PROVIDING A NAME FOR A PORTION OF OLD US HIGHWAY 60 REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1993 PAGE 2 OF 8 )City Attorney Glenn Gimbut explained that Rudy Esquivias of Planning has been in contact with the Post Office and it was necessary to have the emergency clause deleted from the ordinance in renaming old U.S.Highway 60.He also informed the Council that renaming would be from Idaho Road instead of Phelps Drive. Mayor Damiano asked if anyone in the public wished to speak on this item. Mr.Ed Garcia,Acting Postmaster, explained to the Council the problems encountered by the Post Office with the renaming of the old highway and how they will handle the changes and mail distribution in that area. Mayor Damiano closed the hearing to the public since no one else wished to address the Council. Councilwoman Barker MOVED THAT ORDINANCE NO.855 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Ms.Connelly read,"AN ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING SECTION 13-2-5,ASSIGNMENT OF STREET NAMES AND PARCEL ADDRESSES,BY AMENDING THAT CERTAIN MAP ADOPTED BY REFERENCE ENTITLED "OFFICIAL STREET NAMING MAP OF APACHE JUNCTION,ARIZONA"BY PROVIDING FOR THE NAMING OF "OLD WEST HIGHWAY";REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilwoman Barker MOVED THAT ORDINANCE NO.855,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1993 PAGE 3 OF 8 NEW BUSINESS INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA GOVERNOR'S OFFICE OF DRUG POLICY AND CONTRACT WITH THE ABUSE PREVENTION COUNCIL (APC) FOR $12,500 GRANT )City Manager Mike Lee read to the Council the memo from the assistant city manager which was included in the agenda packet addressing this subject. Dr.Thomas Johnson of the Abuse Prevention Council addressed the Council and expressed appreciation for the City's assistance in getting this grant. Councilwoman Alger commended Dr.Johnson and also Rhonda Wise of the Police Department who has been instrumental in this grant. Councilwoman Barker MOVED THAT THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA GOVERNOR'S OFFICE OF DRUG POLICY AND CONTRACT WITH THE ABUSE PREVENTION COUNCIL FOR $12,500 GRANT, BE APPROVED. Councilwoman Alger SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS INVESTIGATING METHODS FOR ADDRESSING PROBLEMS WITH CONSOLIDATED WATER COMPANY ) )Vice Mayor Eidson addressed the problem of bad water from Consolidated Water,as recently discussed at a public meeting.He stated that the City has encouraged the water company to offer better water;that they are approximately one-half million dollars behind in property taxes;and proposed to look at some ways to help the consumer of this franchise area. Vice Mayor Eidson explained that staff in the past has studied this issue and maybe they can come up with some recommendations.He stated perhaps the City can be like a "middle man"or work with another water company to buy Consolidated Water;that perhaps we could have this on the ballot in May for the people to vote and give the City the authority to buy this water company.He commented that part of this franchise is in the County and perhaps the City can work together with the REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1993 PAGE 4 OF 8 County in a joint venture since tax dollars are involved.He suggested that perhaps the City could work with the Corporation Commission and the City and County could make recommendations to the commission and maybe they can vacate this water company franchise in our area.He stated it is time for the City to get involved and have the issue on the ballot and ask the voters to give the City the authority to take steps to rectify the problems. Councilman Perkins agreed that the City needs to get more involved in this issue and look at all the options that are available to the City. Councilwoman Barker asked the city attorney what are the legal ramifications of some of the alternatives that Vice Mayor Eidson is proposing. City Attorney Glenn Gimbut answered that at this time he does not have clean-cut answers to some of the legal ramifications;however,with respect to the City as a "middle man"and also working with the County the purpose would be to seek the availability of another entity operating the system.He stated that as to cancelling the Certificate of Convenience and Necessity he notes that Bill Stephens,who is working for the City in the disputes with Arizona Water Company,has filed a petition before the Arizona Corporation Commission to seek cancellation of their Certificate of Convenience and Necessity within our city limits because of their failure to have a municipal franchise;that the legal situation with Consolidated Water is the same and the grounds that exist for Arizona Water also exist for Consolidated as well. Councilwoman Alger commented that Vice Mayor Eidson has some suggestions he would like staff to research and that she also would like to see what we can do. Vice Mayor Eidson MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING INVESTIGATING METHODS FOR ADDRESSING PROBLEMS WITH CONSOLIDATED WATER COMPANY,THAT STAFF USE SUGGESTIONS MADE THIS EVENING TO DETERMINE WAYS TO ASSIST CONSUMERS OF CONSOLIDATED WATER COMPANY AND SINCE THE BALLOT ISSUE MAY BE INVOLVED,THAT THE REPORT COME BACK TO THE COUNCIL NO LATER THAN FEBRUARY 2,1993. Vice Mayor Eidson suggested that if there is a recommendation on the ballot and if time is a factor,then the Council hold a special meeting to take care of that. Councilman Cox SECONDED THE MOTION. Councilwoman Alger asked the city clerk for clarification about the time frame on the ballot. REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1993 PAGE i5 OF 8 City Clerk Kathleen Connelly replied she has to check on that and that she thinks we are early enough in the process so we can work something if the Council wanted to go on that direction,but they could not wait much longer after February 2nd because we have obligations to meet with absentee ballots. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.ON MONDAY,JANUARY 18,1993 IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION BE HELD AT 6:00 P.M.ON TUESDAY,JANUARY 19,1993 IN THE CITY COUNCIL CONFERENCE ROOM. time.) (Councilman Coleman arrived at this Councilman Cox SECONDED THE MOTION. City Attorney pointed out that January 18th is the Martin Luther King holiday which is a State holiday;that the city clerk has requested that he research whether or not the Council can legally meet on that date and he will inform the Council later. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS City Engineer informed that January 15th is the anticipated completion date for Idaho Road;that ADOT is anticipating a ribbon -cutting ceremony on January 22nd at 200 p.m.and that will have to be coordinated with the City somehow. Mayor Damiano informed that on January 2nd he and the city attorney attended the oath of office in Florence of their new judges and elected officials. ADJOURNMENT meeting at 7:40 p.m. REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1993 PAGE 6 OF 8 )Mayor Damiano adjourned the Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of December 15,1992. 3.Approval of Resolution No.92-33,providing notice of the March 9,1993 Primary Election. 4.Approval of request for removal of Board of Adjustment member who has missed four consecutive meetings. 5.Approval of Intergovernmental Agreement with Pinal County for Health Services for FY 1992-93. ACCEPTED THIS 19TH DAY OF JANUARY ,1993,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF JANUARY ,1993. THOMAS DAM IANO Mayor ATTEST: z x KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1993 PAGE 7 OF 8 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 5th day of January,1993.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of January,1993. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 5,1993 PAGE 8 OF 8