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HomeMy WebLinkAbout1992-02-18 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 18,1992 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on February 18,1992 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 Councilman Cox led the Pledge of Allegiance. ROLL CALL Councilmen Present:Mayor Damiano Vice Mayor Eidson Councilwoman Barker Councilman Perkins Councilwoman Alger Councilman Coleman Councilman Cox Staff Present: Others Present: City Manager Michael R.Lee City Clerk Kathleen Connelly City Attorney Glenn Gimbut Assistant City Manager George Hoffman Director of Public Works Rich Broman City Engineer Gordon Grandy Director of Parks and Rec.Jeff Bell Planning Division Manager Jim Nakagawa Building and Safety Manager Lynn Underwood Al Langenderfer,1165 W.Shiprock,Apache Junction. Robert E.Day,400 N.Plaza Dr.,Apache Junction. Joe Creasey,2545 S.Gaucho,Mesa. Bob Harris,Nelson -Ralston -Robb Communications, 3550 N.Central Ave.,Suite 1200,Phoenix. Ilene Heller,1617 S.Cortez,Apache Junction. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 1 OF 21 Ken Weiner,600 S.Idaho Rd.,Apache Junction. Niel Houck,Superstition Horsemen's Assn., Apache Junction. ACCEPTANCE OF CONSENT AGENDA )Councilwoman Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INTRODUCTION OF DISTINGUISHED VISITORS AND GUESTS None. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Damiano awarded the following city employees with Certificates of Service and 10 -year and 5 -year pins accordingly:Louie A.Garcia,Jeffrey Bell,Melvin Morris,Robert Nye,Lettie Armstrong,Noreen Mulcahy,and Mike McMillan. Mr.Niel Houck of the Superstition Horsemen's Association,awarded Director of Parks and Recreation Jeff Bell with a Certificate of Appreciation for his work in the development of the Prospector trailhead and the equine trail system in Apache Junction. CALL TO THE PUBLIC Ms.Ilene Heller,1617 S.Cortez, proposed to Council the formation of a committee of RV/mobile home industry people to advise and inform the Council on matters that will help in legislation and improve the image of Apache Junction,as well as provide for the health,welfare,and economy in the community.She stated there is a lack of knowledge by many people regarding the purpose and the functions of the trailer industry and an informational committee could bring the community together,provide a wide sales tax basis,and produce a better attitude within the community. Mr.Robert E.Day,Manager of Lost Dutchman RV Park at 400 N.Plaza Drive,relayed to Council some of the problems his park is having with city regulations on park models and awnings. CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 2 OF 21 City Manager Mike Lee reported the City started with the 1992-93 budget process and the preliminary budget will be presented to Council by April 6th. He stated he has asked the departments to stay within the current budget constraints. Mr.Lee also reported that the City recently had a tabletop emergency preparedness exercise that involved the participation of the Fire District, the Red Cross,the Salvation Army and the City. PUBLIC HEARINGS ORDINANCE NO.819,PZ-12-91:CITY -INITIATED ZONING AMENDMENT TO TH ZONING ORDINANCE ) )Mayor Damiano called upon the planning and zoning manager to speak on this item. Planning and Zoning Manager Jim Nakagawa stated the Zoning Ordinance currently requires that RVs and structures be at least 20 feet from each other and the Uniform Building Code (UBC)requires that 3 feet from the property line be maintained so that there are at least 6 feet between structures.He stated he found that most cities in Arizona have either a 6 -foot or 10 -foot separation requirement.He also stated a survey was taken of some of the RV parks and that revealed there are a number of units that don't even comply with the 6 foot building code separation requirement;that some people want to install new models but they will not be able to get permits unless that zoning requirement is changed;and that on January 28 the Planning and Zoning Commission recommended approval of the amendment and staff agrees with that recommendation. the public for comments. Mayor Damiano opened the hearing to Mr.Ken Weiner,Manager and general partner of Rock Shadows RV Resort,600 S.Idaho Rd.,stated they,as RV park owners,do not have a clear understanding of the ordinances adopted by the City and of exactly what all the rules and regulations might be.He stated the pressure on the residents in his park of getting a permit and complying with the zoning restrictions makes them move out and this represents a loss of revenue to the park and the city.He stated they have problems with the building division deciding that the awning is a structure,but they can document the fact that the awning does not create a fire or safety hazard. how old his park is. Councilwoman Alger asked Mr.Weiner Mr.Weiner replied it was constructed about 1971-72 and that they have a conditional use permit. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 3 OF 21 Councilwoman Alger replied he means it was actually platted for the spaces in about 1971. Mr.Weiner replied yes. Councilwoman Alger asked what size units were platted at that time and what kind. Mr.Weiner replied at that time it would be recreational vehicles,eight -foot wide,with the option of having a "tip -out"or "slide -out" which could convert them to a maximum of 12 -foot wide and they could be as long as 44 -foot long at that time. are the units they are dealing with now. Councilwoman Alger asked how wide Mr.Weiner replied they are no more than 12 -foot wide and generally no longer than 34 -foot,with no more than 399 square feet and that every unit in his park qualified by state and federal law as an RV. Councilwoman Alger replied he means there are two to three feet of space between each of the units taking into consideration the awnings.She asked how many of the units in his park have Arizona rooms. Mr.Weiner replied maybe 100 or 150. Councilwoman Alger asked how many of these started as just an awning and then they converted to an Arizona room. Mr.Weiner replied he did not know, but because the unit is 399 feet many people would think that they would like to have some additional living space. Councilwoman Alger asked if his units were privately owned or if they all are rental lots and if they are a subdivision or an actual mobile home park. Mr.Weiner replied they are neither. He stated they are an RV rental park and that is important because many of the parks built between 1983 and 1987 were built as subdivisions and would have larger spaces and would be able to more easily comply with some of the rules and regulations. Councilwoman Alger asked if his park has anything that says that Arizona rooms are not to be built,if they are not in compliance with the rules and regulations of the building codes. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 4 OF 21 it is stated exactly like that. Mr.Weiner replied he didn't know if Councilwoman Alger asked if the units that have only two to three feet spacing are units with Arizona rooms or only awnings and what is the biggest problem in his park. Mr.Weiner replied he thinks there is a problem that evolved over time with Arizona rooms that needs to be sorted out that has to do with enforcement and compliance over a period of time and the people's perception of that;that needs to be separated from the fact that there are many units with just awnings that are close together without Arizona rooms;and there are two to three times as many with just the awning problems as opposed to the Arizona room problems. Councilwoman Alger asked if his problem is not with the awnings and the setback changes but with the Arizona rooms and the setback changes. to be the clearance between units. Mr.Weiner replied the problem seems Councilwoman Alger asked Mr.Weiner if he agrees that units with Arizona rooms are not in compliance with the building codes since that is a structure. Mr.Weiner replied exactly,unless they are permitted properly and they can be retrofit with one -hour fire walls to comply with the building code,but that is not his contention tonight. Councilwoman Alger asked if his only problem then is that awnings with no Arizona room,or no screen room,or no structure under them,are not within the two-to three-foot space. Mr.Weiner replied the problem is if they cut the awnings back,there will not be enough space for a set of steps going into the unit;these stand out four feet and there is a need of about eight -foot clearance for a car;so with a 12 -foot awning when the passenger gets out of the car can trip over the steps. Councilwoman asked if 12 feet is the standard for an awning. Mr.Weiner replied awnings are generally 14-to 20 -foot and if these have to be cut back to 12 foot they create a safety hazard in his mind. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 5 OF 21 Councilwoman Alger asked if what he means is that for safety,in his opinion,for an automobile and a set of steps the awning should be 14 feet wide. Mr.Weiner replied yes,and more. Vice Mayor Eidson asked Mr.Weiner how many feet he thinks he would have to have. Mr.Weiner replied two-to three- feet where it has been okay with the City that gave the permits;the City should allow what exists to continue to exist and if something new is going to be put then they can make it three feet from the awning to the next building. Vice Mayor Eidson asked if what he wants is to consider awnings not part of the building. Mr.Weiner replied yes and stated an awning is not a residential structure,it's not something that is going to be a fire hazard.He stated he met with the fire marshall and found they would not have problems getting to the units in case of a fire.He stated aluminum awnings won't burn except the paint on them. Vice Mayor Eidson stated he's trying to figure out what the City's responsibility would be if the City went against the state law that states the awning is part of the building. Mr.Weiner replied there seems to be a lot of room for interpretation for what that is.He stated because the City has issued permits in the past for the existing awnings the park has created a model where two-thirds of their property exists that way. Councilwoman Alger stated Mr.Weiner means it is not the change in the ordinance but the enforcement of this that he is going to have a problem with;the change will create a nonconformity in his park and all the units to be replaced will have to conform with the new law. Mr.Weiner replied that at this moment he didn't know of any units that are in conformance;if the change is passed tonight they are still out of compliance whether it is enforced or not. Councilwoman Alger asked if the units are currently in compliance with the 20 -foot separation,not considering the awnings. Mr.Weiner replied only from side to side but not from back to back because the park was built under a model different from the UBC.He stated his understanding is that the UBC will tell REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 6 OF 21 him how to do the electrical installation in his club house,but these units are individually owned RVs. Councilwoman Alger stated setbacks are zoning standards and they apply for the city as well as through the building office. Mr.Weiner replied he understands that and also if the City says that zoning codes will apply to properties built after 1983 as such,or before the city incorporated,or under a county permit given a different set of standards. Councilwoman Alger asked if he was familiar with the nonconforming ordinances of the City that say that you are okay unless you do major changes;then you have to comply with the law as it is at this time;that means you are allowed to exist because you were legal when the law was changed,but when you make changes then you have to come in compliance with the law. Mr.Weiner replied he has not made any changes or modifications to his property. Councilwoman Alger asked if what he means is the problems he foresees is when a person wants to change a unit then the awnings would be out of compliance with the new law.She stated in order to change a unit they would have to change the awning and that is how she believes the nonconforming law works. Planning Division Manager Jim Nakagawa stated if there is a significant change,then the City will require the unit to comply with the current requirements and even under the old procedure it would require a greater setback if Mr.Weiner wanted to have a new unit placed in a space. Councilwoman Alger asked if Mr. Weiner would have to have a 20 -foot separation under the current law,and under the new law it would only be three feet from the property line including the awning as part of the structure. Mr.Nakagawa replied that is right. Councilwoman Alger asked Mr.Weiner if he believes the problem to be units that will be changing and not the new units coming in. Mr.Weiner replied it is both.He cited the case of the owner of an old unit who wants to put a new 1992 unit in but he was told he could not put it in unless they made modifications to the existing awning. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 7 OF 21 Councilwoman Alger asked Mr. Nakagawa if that is part of the nonconforming ordinance. Mr.Nakagawa replied that is correct. City Attorney Glen Gimbut stated the Zoning Code makes it very clear that if a nonconforming use unit is damaged by more than 50% and it's replaced,that it's abated at that point in time and there's no permission for it to continue. Building and Safety Manager Lynn Underwood stated Building did make the statement to the management of Rock Shadows that the tornado damage was viewed more of a natural disaster situation;that they would not seek to be strict in their requirements but asked the park management to cooperate with the City,if they so desired.He stated the discussion of the width of the park models came up when Mr.Weiner indicated that the units maximum width in his park was 12 feet,but he failed to mention there were tip -outs on these units that made them wider up to 14 feet. Mayor Damiano stated Mr.Weiner is claiming the City wants the people in Rock Shadow that had the damage to conform with the City Code today,and from what Mr.Underwood stated that is not true.He asked Mr.Weiner that if a person wants to build an Arizona room one foot away from the property line,should that building stay there like that? Mr.Weiner replied he's trying to look at the fact that he has a rental RV park,then he cited an RV that was in his park that is set on wheels and can be pulled out at any time,that in the course of the storm the unit was pushed over and the owner was required to buy a permit and have the unit inspected to be able to occupy it again. Councilwoman Alger asked Mr. Underwood if when the City adopted the new building codes a specific chapter was eliminated to disallow the ten -pound load limit any longer because of the fact that many people were building Arizona rooms under the awnings. Mr.Underwood replied yes. Councilwoman Alger stated what Mr. Weiner means is that in his park,as a rental park,his rules don't disallow Arizona rooms and he doesn't have anything that says people cannot put these under their awnings;yet he is well aware this is happening when he cited the roof of a shed was blown off and it turned out to be a living room.She stated because the City is facing the problem of Arizona rooms that stem from awnings and now it's becoming a major problem because they are trying to change the way awnings are constructed. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 8 OF 21 Mr.Weiner stated he doesn't believe Arizona rooms stem from awnings but from people having the desire to enlarge their living space;it's not always because a person has a large awning that an Arizona room is going to manifest. Councilwoman Alger agreed with Mr. Weiner on that and said she would like to have some research done on that. Mr.Weiner stated their intention beginning with this season is to work with the City about the compliance for the Arizona rooms and once they understand what the requirements are then they can tell the people. Councilwoman Barker told Mr.Weiner that she understands he wants a group of people to get together,but if he has thought of the fact that if this is done right now and Council does not pass the amendment at this point,that until such time the committee comes back to Council the current 20 -foot will still be enforced. Mr.Weiner replied he is aware and they would agree for Council to pass this amendment at this time subject to the fact that this would be open to revision based upon recommendations of the committee. Vice Mayor Eidson asked Mr.Weiner if this amendment was passed,how was this going to affect his park. Mr.Weiner replied they would propose that the park get some feedback from the residents regarding their understanding also before they leave,then the committee could do its work through the summer hoping that recommendations would go to Council in August or September,so that by the beginning of the next season they would have a new understanding in place. Vice Mayor Eidson stated that also working with a county committee was a good idea,so the County and Apache Junction would have basically the same regulations. Mr.Gimbut replied Mr.Underwood is currently working with the County on that matter. Mr.Underwood stated that part of what he wanted to do when he first started with the City was to bring the city regulations close to those of the County. Assistant City Manager George Hoffman asked Mr.Underwood if the County interprets an awning to be a structure. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 9 OF 21 Mr.Underwood replied yes. Mr.Gimbut stated that Chapter 49 of the UBC starts off by calling an awning a patio cover and it says that "patio covers are one story structures." Mr.Ilene Heller,1670 S.Cortez. She stated her problem is the word "structure,"because in her background the awnings and sheds were called appurtenances by the state.She asked how did the City let people get into these problems when there is a building inspector and permits. Mr.Rob Harris of Nelson -Ralston- Robb Communications at 3550 N.Central Ave.in Phoenix,stated he had a proposal for Council to establish an RV study committee.He stated he has been informed of memoranda sent out by the City regarding the setbacks,etc., and pointed out a letter from the Arizona Office of Manufactured Housing in response to his questions about the UBC and the RV parks,the RVs and the municipalities in general. Mayor Damiano asked Mr.Harris if this Apache Junction RV Association is in existence. Mr.Harris replied that is correct. Mayor Damiano asked who the members are. Mr.Harris replied he did not know all of the members but he maintains daily contact with Mr.Weiner and Mr. Halbert.He stated he works for a public relations firm that was hired to assist RV park owners on this issue. Mayor Damiano pointed out the Apache Junction RV Association supports the establishments of an RV advisory Committee and Mr.Harris has mentioned only two people. ones he comes in contact with. Mr.Harris replied those are the Mr.Harris stated the reason why he requested the letter from the Office of Manufactured Housing was because there is some confusion on setbacks and he asked how the UBC relates to this matter to which the Office of Manufactured Housing replied it does not apply in any conditions.Therefore,the UBC should not be referenced in adopting zoning ordinances or building codes as they pertain to RVs. Mr.Gimbut replied that at the last Planning and Zoning Commission at which Mr.Harris was not present,he did REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 10 OF 21 mention specifically that it was not the Office of Manufactured Housing that dealt with this issue but rather the office of the State Fire Marshall.He then referred to ARS Section 41-2163 and ARS Section 41-2166 which deals with the office of the State Fire Marshall. Mr.Harris stated he has been looking through all the memos sent out by the City and none refers to the State Uniform Fire Code or any other fire code that has been adopted by the State;it refers to the UBC and they have been working to clear out the confusion on this issue according to the UBC. Mr.Hoffman pointed out to Mr. Harris that it's important to consult with the proper departments in the State. Mr.Harris asked where should they check. Mr.Gimbut replied it would be the office of the State Fire Marshall.He stated concerning liability that regardless of whatever codes the City adopts and regardless of whether state law allows it or not,if the City adopts laws which are different from recognized national safety standards and allows those conditions to exist,in a catastrophic event the City would be responsible. Councilwoman Alger stated she understood the UBC was only pointed out to Council as the minimum safety allowed;this is a zoning issue and not a building issue and the UBC is only being referred to so that Council knows what the minimum standards are for fire and health safety. Mr.Lee pointed out it is because of meetings between the City and the RV industry that staff has agreed to recommend to Council to relax the setback requirements from 20 feet to three feet. Mr.Al Langenderfer,1165 W. Shiprock,stated some RVs are small manufactured houses or motor driven vehicles with a gas tank that could be a fire hazard and no matter the type of RV it's an RV as far as laws and regulations.He stated the carport,awning, or patio cover is a structure and although some RVs have an awning that is portable,others have awnings that are permanently installed even though it can be movable. the public and called for a motion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 11 OF 21 Mayor Damiano closed the hearing to Councilwoman Barker MOVED THAT ORDINANCE NO.819 BE READ BY THE TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read, "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING ARTICLE 15 OF THE APACHE JUNCTION,ARIZONA ZONING ORDINANCE, BY REDUCING THE SETBACK AND SEPARATION REQUIREMENTS FOR RECREATIONAL VEHICLES IN THE TH (TRAILER HOMESITE)ZONE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilwoman Barker MOVED THAT ORDINANCE NO.819,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Vice Mayor Eidson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Damiano called the meeting to a recess at 8:50 p.m.The meeting resumed at 9:07 p.m. ORDINANCE NO.827,PZ-16-91:MAJOR PLANNED DEVELOPMENT AMENDMENT REQUEST BY ROAD- HAVEN BOARD OF DIRECTORS )Mayor Damiano called upon the planning and zoning manager to speak on this item. Planning & Zoning Manager Jim Nakagawa briefed Council on this ordinance and stated the setback issue in this case is virtually identical to the RV setback issue just passed;that protest petitions have been received but there are an insufficient number for passage of this amendment;and that on January 28th the Planning & Zonning Commission recommended approval of this amendment and staff is in agreement. Mr.Henri de la Barr,general manager of Roadhaven Resort Homeowners Association,confirmed their request. Vice Mayor Eidson asked staff why the previous ordinance did not include this one. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 12 OF 21 Mr.Nakagawa replied that Roadhaven in its history has been given a different set of setback requirements under separate ordinances,so in order to be on the safe side legally he decided to handle Roadhaven separately. Mayor Damiano opened the hearing to the public for comments.There being no one wishing to speak,he closed the public hearing and called for a motion. Councilman Coleman MOVED THAT ORDINANCE NO.827 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathy Connelly read,"AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA ZONING ORDINANCE,BY APPROVING A MAJOR AMENDMENT TO THE ROADHAVEN PLANNED DEVELOPMENT ZONING,REDUCING THE SETBACK REQUIREMENT TO THREE FEET FOR RECREATIONAL VEHICLES AND BUILDINGS; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilman Coleman MOVED THAT ORDINANCE NO.827,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.92-04:ABANDONMENT OF A FEDERALLY PATENTED EASEMENT;AND RESOLUTION NO.92-05:VACATION OF A DEDICATED RIGHT-OF-WAY ON GREASEWOOD STREET city engineer to speak on this item. Councilwoman Barker SECONDED THE )Mayor Damiano called upon the City Engineer Gordon Grandy briefed Council on the proposed resolutions and stated the Development Coordinating Committee and the Transportation Board recommend favorable approval of the REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 13 OF 21 abandonment.He then explained the parameters of the abandonment and answered questions by Council. Mr.Creasey of 2545 S.Gaucho in Mesa,complained that people are trespassing onto his property which is north of the mobile home for access and stated he supported the abandonment. Mr.Joe Bruck of Community Christian Church,1004 E.Granada,stated he is one of the promoters of this abandonment and spoke in favor. Mayor Damiano asked if there was anyone else wishing to speak;there being no one else,he closed the public hearing and called for a motion. Councilman Perkins MOVED THAT RESOLUTION NO.92-04,DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES COMMONLY KNOWN AS GREASEWOOD STREET,DESCRIBED IN ABANDONMENT CASE AB -91-04,IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT- OF-WAY,BE DENIED. Councilman Cox SECONDED THE MOTION. Vice Mayor Eidson stated even though he is not in favor of more abandonments in the city,he supported this particular one. Councilwoman Alger agreed with Vice Mayor Eidson. VOTE:In favor:Councilman Cox,Councilman Perkins,Councilwoman Barker. Opposed:Councilman Coleman,Vice Mayor Eidson,Councilwoman Alger, Mayor Damiano. The motion failed. Councilman Coleman MOVED THAT RESOLUTION NO.92-04,DECLARING THAT A CERTAIN FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES COMMONLY KNOWN AS GREASEWOOD STREET DESCRIBED IN ABANDONMENT CASE AB -91-04,IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT- OF-WAY,BE APPROVED AND ADOPTED;AND THAT RESOLUTION NO.92-05,DECLARING THAT A CERTAIN DEDICATED RIGHT-OF-WAY COMMONLY KNOWN AS GREASEWOOD STREET DESCRIBED IN ABANDONMENT CASE AB -91-04,IS NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY AND IS HEREBY VACATED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY,BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 14 OF 21 Councilwoman Alger SECONDED THE MOTION. VOTE:In favor:Councilwoman Barker,Vice Mayor Eidson,Councilwoman Alger, Councilman Coleman,Mayor Damiano. Opposed:Councilman Perkins,Councilman Cox. The motion carried. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO.92-06:INTER -COUNTY REGIONAL LANDFILL )Mayor Damiano called upon the director of public works to speak on this item. Director of Public Works Rich Broman briefed Council on the proposed resolution and stated that the City would not be involved financially to any extent;the intent is to work with Pinal County and Maricopa County committees to provide input. Councilwoman Barker MOVED THAT RESOLUTION NO.92-06,SUPPORTING THE LANDFILL SITING COMMITTEE'S RECOMMEN- DATIONS FOR THE STUDY OF PROPOSED INTER -COUNTY REGIONAL LANDFILL TO SERVE THE NEEDS OF NORTHWESTERN PINAL COUNTY AND SOUTHEASTERN MARICOPA COUNTY,BE APPROVED AND ADOPTED. Councilwoman Alger SECONDED THE MOTION and volunteered to serve as city representative in the landfill committee. Councilwoman Barker ASKED THAT HER MOTION BE AMENDED TO ADD COUNCILWOMAN ALGER AS CITY REPRESENTATIVE IN THE LANDFILL COMMITTEE. Councilman Cox SECONDED THE AMENDMENT. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 15 OF 21 DIRECTION TO STAFF TO MAKE NECESSARY CHANGES IN CITY CODE TO PROHIBIT OVERNIGHT CAMPING ON CITY PROPERTY EXCEPT WHERE PERMITTED item and he would speak about it. )Mayor Damiano stated this is his Mayor Damiano cited one occasion when a motor home was parked on city property and also they park at other numerous places around the city.He stated he is against that and there are parks in the city that can accommodate them. Councilwoman Alger asked if the City currently has anything to prohibit this. City Clerk Kathy Connelly stated the only thing the City has in existence is to allow it in certain instances such as boyscouts and girlscouts who may wish to camp at city parks,in which case they can apply for a permit from the Parks & Recreation to do so,but that deals specifically with the city parks. Councilwoman Alger pointed out then there is no disallowance along with no allowance. Councilman Cox asked what about private property. City Attorney Glenn Gimbut stated the City has a number of statutes dealing with parking and he is not sure about private property,but the state trespass law in part says that if you ask somebody to leave and they do not,then they are a trespasser. Vice Mayor Eidson stated he supports Mayor Damiano's proposition on a motion not to allow camping except in designated areas in the city. the public to comment on this issue. Mayor Damiano allowed a person from Mr.Robert Day,400 N.Plaza Drive, stated there are vacant lots across from his park and he has seen many vehicles parked there and dumping trash on that property;that he has complained to the police and they have said they have no right to make the people move off of that property.He stated his contention is that if there is no sign from the property owner saying they can stay there,then they are trespassing.He asked Council to also look into this. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 16 OF 21 Councilwoman Barker made the comment that city parks are indeed a safe place to park overnight because there are police officers around and they are well lit. Vice Mayor Eidson asked for any more comments;there being no one else to speak,he called for a motion. Mayor Damiano MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING NECESSARY CHANGES IN CITY CODE TO PROHIBIT OVERNIGHT PARKING AND CAMPING ON CITY PROPERTY,EXCEPT WHERE PERMITTED SUCH AS EXISTS IN THE PARK USE POLICY. MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO PLANNING AND ZONING COMMI- SSION AND STAFF TO AMEND ZONING ORDI- NANCE SECTION 21.10(g)OR SECTION 21.07(k)TO ALLOW FOR PLACEMENT OF PEN- NANTS,STREAMERS,ETC.,ON A TEMPORARY BASIS FOR BUSINESS PURPOSES Mayor Damiano to speak on this item. Councilman Perkins SECONDED THE ))Vice Mayor Eidson called upon Mayor Damiano stated he has been approached by business owners regarding this matter and the City does not have an ordinance for that,so he asked staff to look into what other cities have. He suggested that pennants be allowed at grand openings and special sales for 15 days;a total of four times a year would be 60 days with 30 days between each time;and that people get a permit from the Building Division so that the City can keep a record of them. Councilwoman Alger stated the City is currently having problems with banners because people don't comply with the ordinance,so she suggested to allow pennants without any restrictions. Mayor Damiano replied that is why people will have to get a permit from Building and they will check it out. Building & Safety Manager Lynn Underwood stated right now they operate on a complaint basis,but if there were some regulations,Building could go out and tell people whenever they are in violation. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 17 OF 21 Councilwoman Alger asked if it might not be better to just allow pennants making sure they are not a safety hazard and forget about the 60 days. Mr.Underwood replied that is a possibility that Council can decide. Councilman Coleman stated he agreed with Councilwoman Alger. Councilwoman Barker stated if the City is not going to put a time period,it should at least put some limitations because it could get to the point of having buildings all covered with banners and pennants;the City has to draw a line somewhere. Councilwoman Alger replied if they are not considered a safety hazard then what lines can the City draw?She stated they are concerned that they don't create a safety hazard for pedestrians or traffic. Mayor Damiano briefed Council on certain regulations. Vice Mayor Eidson stated he agreed with Councilwoman Alger and Councilman Coleman to give the people the freedom to put the banners and pennants and see how it works. Mayor Damiano pointed out this is a direction to the Planning & Zoning Commission and if they want to change his recommendations,they can. City Clerk Kathy Connelly asked if this is placed in the Zoning Ordinance to allow them without any kind of restrictions and later Council attempt to change that,wouldn't that create a problem,a window for certain grandfather rights? City Attorney Glenn Gimbut replied yes,and if something is allowed to exist as a use of property,then there would be a preexisting lawful nonconforming use if the City were to change it in the future. Vice Mayor Eidson asked for any more comments and there being no one else wishing to speak,he called for a motion. Mayor Damiano MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO PLANNING AND ZONING COMMISSION AND STAFF REGARDING AMENDMENT TO ZONING ORDINANCE SECTION 21.10(g)OR SECTION 21.07(k) TO ALLOW FOR PLACEMENT OF PENNANTS,STREAMERS,ETC.,ON A TEMPORARY BASIS FOR BUSINESS PROMOTION PURPOSES SUCH AS GRAND OPENINGS,SPECIAL EVENTS, REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 18 OF 21 PROMOTIONS,ETC.;THESE SHALL BE ALLOWED FOUR TIMES PER YEAR FOR A MAXIMUM OF FIFTEEN CONSECUTIVE DAYS ON EACH OCCASION AND A MINIMUM OF 30 DAYS SHALL PASS BETWEEN EACH SUCH DISPLAY;AND THAT THE MANAGER OR OWNER SHALL ACQUIRE A PERMIT EACH TIME THROUGH THE BUILDING DEPARTMENT AT NO FEE AND MAY ACQUIRE ONE PERMIT FOR ALL OCCASIONS WITHIN THE CALENDAR YEAR. Councilman Coleman SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilwoman Alger MOVED THAT AN EXECUTIVE SESSION FOR 6:00 P.M.AND A WORK SESSION FOR 7:00 P.M.BE HELD ON MONDAY,MARCH 2,1992 IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION FOR 6:00 P.M.BE HELD ON TUESDAY,MARCH 3,1992 IN THE CITY COUNCIL CONFERENCE ROOM. Vice Mayor Eidson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilman Coleman informed the Council that the high school wrestling team won the state championship and stated they not only represented the high school but the City also. Mayor Damiano stated he attended today a DARE program at Four Peaks Elementary School of the sixth graders. ADJOURNMENT meeting at 10:35 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 19 OF 21 ) )Mayor Damiano adjourned the 2.Acceptance of the Minutes of the Regular Meeting of February 4,1992. ACCEPTED THIS 3RD DAY OF MARCH ,1992,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF MARCH THOMAS DAMIANO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 20 OF 21 ,1992. 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 18th day of February,1992.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of February,1992. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18,1992 PAGE 21 OF 21