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HomeMy WebLinkAbout1993-03-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 2,1993 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on March 2,1993 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 7:03 p.m. INVOCATION Councilman Perkins gave the Invocation. PLEDGE OF ALLEGIANCE Councilman Coleman led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilman Perkins Councilwoman Alger Councilman Coleman Councilman Cox Staff Present: (Councilwoman Barker was absent.) City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Director of Public Works Rich Broman City Engineer Gordon Grandy Planning Division Manager Jim Nakagawa Parks &Recreation Director Jeff Bell Others Present:Debra Conklin,P.O.Box 600,Apache Junction Bonnie Pletcher,400 W.23rd Ave.,Apache Junction Jennie K.Bennett,422 Rosal,Apache Junction ACCEPTANCE OF CONSENT AGENDA )Councilwoman Alger MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1993 PAGE 1 -OF 9 Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Library Director Pam Loui announced to the Council the official designation of Apache Junction Public Library as a United States Government Depository Library.She stated that it is the second depository library in District 5 and briefed the Council on the steps taken for obtaining this status,and commended Librarian Spencer Paden who was instrumental in this process.She mentioned there are 16 federal depository library collections in Arizona and Apache Junction Public Library is one of the five public libraries that share this honor.She further briefed the Council on the documentation that will be available at the Library. CALL TO THE PUBLIC Mrs.Bonnie Pletcher,400 W.23rd Ave.in Apache Junction,addressed the Council regarding a city employee's appearance on a local public television on behalf of Judy Miller who filed a lawsuit against the school district.She stated that the involvement of this city employee was improper and asked the Council to remove him from investigating the case. Mrs.Debra Conklin,P.O.Box 600 in Apache Junction,also addressed the Council regarding the city employee's appearance on TV.She questioned the reputation and involvement of the city employee in the case and asked the Council to replace him with somebody else. She requested an answer from the City Council on this matter. Mrs.Jennie K.Bennett,422 Rosal, thanked the Council for listening to her problems and helping her.She also thanked the Fire Department for helping her husband on an emergency call. CITY MANAGER'S REPORT City Manager Mike Lee introduced Maxine Leonard,Executive Director of CAAG,and Pat Schroeder from the Arizona Department of Commerce who was there to speak on an agenda item. Mr.Lee reported to the Council on the Adopt -A -Street program.He listed eight groups who applied for this program and briefed the Council on the clean up done by these groups and Apache Junction Clean and Beautiful, Inc. REGULAR 'MEETING OF THE CITY COUNCIL: MARCH 2,1993 PAGE 2 OF 9 Mr.Lee gave a financial report on Fiscal Year 1992-93 to the end of February according to a memo from the Finance Director dated March 1,1993 (included in the agenda packet). Mr.Lee informed the Council on the under -grounding of over -head power lines by the SRP Aesthetics fund program.He stated this is being done on Apache Trail between Ironwood and Gold in connection with the MegaFoods proposed project;the second phase will be from Phelps to Thunderbird and the third phase from Thunderbird to Gold;and the project will take two to three years.He mentioned the cost of this project and stated that he considers this as part of the Main Street improvement program. PUBLIC HEARINGS APPLICATION FOR A PERSON TRANSFER,SERIES 9 LIQUOR LICENSE FOR OSCO DRUG STORE #2253) )City Clerk Kathleen Connelly briefed the Council on this item stating that this is a standard request necessary due to internal changes on the part of OSCO. Mr.Kent Bennet,5239 S.College Ave.in Tempe,Manager of OSCO,explained to the Council that OSCO purchased some of the RX Drug stores and some of the Thrifty stores which are now combined under OSCO Drug of Texas and this requires a change on the liquor license. Councilman Perkins MOVED THAT THE APPLICATION FOR A PERSON TRANSFER,SERIES 9,LIQUOR LICENSE SUBMITTED BY THOMAS F.DIETERLE FOR OSCO DRUG STORE #2253,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS Councilwoman Alger SECONDED THE MULTI -USE TRAIL SYSTEM MASTER PLAN )Director of Parks and Recreation Jeff Bell briefed the Council on this item stating that the engineering firm WLB Group has developed a master plan for the proposed Multi -Use Trail System on the city's leased BLM (Bureau of Land Management)properties in the REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1993 PAGE 3 OF 9 northern and eastern portions of the city.He introduced Mr.Bob Landis and Audie Hennington to speak to the Council. Mr.Audie Hennington briefed the Council on the history and the process for completing the Multi -Use Trail System Master Plan. Councilman Perkins asked if the trails and the fencing would inhibit any traffic in the area. Mr.Hennington answered it would seem that vehicular traffic was kept off the trail system but there are gates and designated areas for utility vehicles and city maintenance vehicles to pass through and also for security. Councilman Perkins was concerned with not having the proper access in case of an emergency if people get injured. Mr.Hennington replied that the major access points are at every mile intersection and minor access points at every half mile;the entire trail system is accessible for a regular automobile;that the only fencing in there surrounds the Maricopa County flood control structure. Mayor Damiano mentioned that some citizens in that area were concerned that the power lines out there would cause cancer.He asked if this is true. Mr.Hennington answered that the problem is not the voltage but the electromagnetic field that is generated from the power lines;that a personal opinion would be that a toaster generates more electromagnetic field than the power lines;and that he would doubt there is any danger in just walking under the lines.He added that many trails in the United States are under power lines because they are unusable for development in any other circumstances. Councilwoman Alger MOVED THAT THE MASTER PLAN FOR THE MULTI -USE TRAIL SYSTEM,AS PRESENTED BY THE WLB GROUP, INC.,BE APPROVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1993 PAGE 4 OF 9 POTENTIAL DEVELOPMENT OF A CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS (CAAG)ECONOMIC DEVELOPMENT DISTRICT BY THE ARIZONA DEPARTMENT OF COMMERCE )Ms.Pat Schroeder of the Dept.of Commerce briefed the Council on this item stating that an Economic Development District has been established in SEAGO and another one is almost finished in NACOG. City Manager Mike Lee stated that throughout Arizona there has been a lot of emphasis and concern in economic development issues;that for the last three years the City of Apache Junction has been interested and concerned about our economic development and there has been some activity in trying to address those needs.He supported the CAAG Economic Development District and that Apache Junction become an active participant in this plan. exactly that they need from the city. Councilwoman Alger asked what is it Ms.Schroeder answered that they are asking for a resolution of support from the two counties involved and all they need from the city is its blessing and the willingness to support the CAAG strategy as they go forward. Councilwoman Alger MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING AN ECONOMIC DEVELOPMENT DISTRICT,THAT STAFF CONTINUE TO BE INVOLVED WITH THE CAAG PROJECT AND THAT THE CITY SUPPORT THEIR EFFORTS AT CREATING AN ECONOMIC DEVELOPMENT DISTRICT. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED LEASE OF CITY LAND LOCATED AT 18TH AVENUE AND WEEKES WASH )City Manager Mike Lee briefed the Council on this item stating that this land was purchased by the City some years ago anticipating a future green belt development since the land is not usable for other purposes.He stated that an adjacent business has been using the land for parking equipment there without official approval from the City and that he was made aware of possible liability.He stated that the business expressed an interest to continue using the land for their equipment and they are willing to work out something with the City;that he spoke with the City Attorney who advised him to go through the bid process and provided a proposed lease. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1993 PAGE 5 OF 9 Vice Mayor Eidson asked if there would not be any liability involved if the City leases this property;if yes, who would be responsible,the lessor or lessee. City Attorney Glenn Gimbut answered that there are provisions in the lease that the lessee would indemnify and hold the city harmless and would maintain a public liability and property damage insurance with a coverage of not less than $500,000. about possible liability either way. Vice Mayor Eidson expressed concern Mr.Lee stated that the City could be liable whether the land is leased or not;that the City is increasing its liability by having the equipment there;by leasing it we are not creating the liability. Vice Mayor Eidson stated that since the land is virtually unusable the lease would not be very much,so maybe the City should not be taking the risk of a lawsuit that could be very expensive. Mr.Gimbut replied that there would be a minimum amount asked for the lease but if the bids don't meet the minimum,then the City would not go forward with it. Councilman Perkins was concerned that while the City is leasing the land somebody could dump hazardous waste on the property and contaminate it.He asked who would be responsible and stated he did not think the City should increase its liability by leasing the land. Mr.Lee replied that whether we lease the land or not,there is liability involved;that in the past it has been used as a dump and it has been covered with weeds. Councilman Perkins believed that the City would increase its liability. Mr.Lee explained that the City has an obligation to the taxpayers;that the lease may not generate a lot of money but it is an asset that can be converted into some revenue for the City;and that something we are looking for is ways of increasing our revenues instead of increasing taxes. Councilman Perkins was concerned that the City would create the precedent that the City would have to lease other properties or be obligated to do it. we would have to do it. REGULAR MEETING OFTHE CITY COUNCIL MARCW2,1993 PAGE 6 OF 9 Mr.Lee answered he did not see why Councilman Coleman asked what would be the market value on the lease of that property. Mr.Lee answered he did not know but the next step will be to find out from some of the real estate people what the value would be. Mayor Damiano stated that if we lease the property it should be yearly so that if we want to develop a park there later,then we can ask the lessee to move out. Mr.Gimbut stated that in the proposed lease there is a provision which gives rights to both parties to terminate the agreement by giving a sixty-day written notice in case the City needed the land for a roadway or a park. Mr.Lee added that the City also has the 5-Yr.Capital Improvement Plan but that property is not included in it and it would be at least another five years before it can be included because we don't know the funding source for that. Councilwoman Alger pointed out the reference to structures and improvements stated in Mr.Gimbut's memo and asked if it is one of the requirements on the lease that whoever leases the land cannot put up structures and improvements. Mr.Gimbut answered that he did not remember if it was included,but it can be included. Mayor Damiano pointed out that the reference to structures and improvements was included on page five of the lease form. Councilwoman Alger MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE LEASE OF CITY LAND LOCATED AT 18TH AVENUE AND WEEKES WASH IN APACHE JUNCTION,THAT WE PROCEED TO GO OUT WITH AN RFP (REQUEST FOR PROPOSAL)FOR AN APPROPRIATE MARKET VALUE RENT;THAT IT SEEMS THAT ALL THE TERMS OF THE LEASE ARE IN ORDER WITH ZONING AND ALTERATIONS TO THE PROPERTY;AND THAT THE TERM OF THE LEASE,IF THE CITY ATTORNEY FEELS THAT WE CAN GO UP TO FIVE YEARS,SHE WOULD NOT HAVE A PROBLEM WITH THAT. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1993 PAGE 7.0F 9 COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. 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,MARCH 15,1993 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,MARCH 16,1993 IN THE CITY COUNCIL CONFERENCE ROOM. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilman Perkins informed the Council that Fire Station #1 on Valley Drive and Superstition Blvd.was dedicated to Councilman Cox. Councilman Coleman informed the Council that on February 26th,he attended his first meeting of the Executive Board of the League of Cities and Towns. Mayor Damiano informed the Council that he received letters from children of the Superstition Mountain Elementary School supporting Home Rule. ADJOURNMENT meeting at 8:00 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of February 16,1993. 3.Acceptance of Library Board's recommendations to remove member from Library Board of Trustees. Mayor Damiano adjourned the ACCEPTED THIS 6TH DAY OF APRIL ,1993,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 7 TH DAY OF APRIL ,1993. REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1993 PAGE 8 OF 9 ATTEST: KATHLEEN CONNELLY City Clerk THOMAS DAM IANO Mayor 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 2nd day of March,1993.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of March,1993. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 2,1993 PAGE 9 OF 9