Loading...
HomeMy WebLinkAbout1991-11-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING NOVEMBER 5,1991 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on November 5,1991,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 7:00 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 Cox Councilman Perkins Councilwoman Alger Councilman Coleman 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 Safety Bill McDaniel Director of Public Works Rich Broman City Engineer Gordon Grandy Director of Parks and Recreation Jeff Bell Senior Planner Jim Nakagawa Building and Safety Manager Lynn Underwood John Koza of Lucky Bob's Mini Mart,2925 E. Superstition Blvd.,Apache Junction 85220. Al Langenderfer,1165 W.Shiprock,Apache Junction 85220. Geraldine Washington,1083 W.Shiprock,Apache Junction 85220. Joan Parrish,1031 W.Shiprock,Apache Junction 85220. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 1 OF 17 Martin Godusi of Pinal County Air Quality Control. Roy Hudson,Pinal County Supervisor Stan Griffis,Pinal County Manager ACCEPTANCE OF CONSENT AGENDA )Councilman Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT RECOMMENDATION TO AWARD BID (PR 91-03)TO LEACH CONSTRUCTION,INC.FOR 24'X 36'METAL STORAGE BUILDING TO BE CONSTRUCTED AT PROSPECTOR PARK,BE APPROVED;AND THAT ANGELA SHOEMAKER BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION WITH A TERM TO EXPIRE JUNE 30,1993;AND THAT ITEM K BE MOVED ON THE AGENDA TO FOLLOW ITEM 7. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Introduction of Distinguished Visitors and Guests Mayor Damiano introduced Pinal County Supervisor Roy Hudson and Pinal County Manager Stan Griffis;Sandra Smith and Angela Sasso of the Apache Junction Schools Board. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Damiano read a proclamation designating the month of November as "Veterans Remembrance Month."He then presented the proclamation-to a representative of the Apache Junction Elks Lodge #2349. Mayor Damiano presented a Certificate of Appreciation to Police Chief Bill McDaniel from the U.S.Department of Defense for employer support of National Guard and Reserve. CALL TO THE PUBLIC Mayor Damiano read,"Due to the Open Meeting Law the Council will not be able to answer your questions or discuss your comments at this time.However, follow-up by Council through the staff will be provided at the earliest possible time." CITY MANAGER'S REPORT REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 2 OF 17 City Manager Michael Lee reported on the October 26th City Auction.He stated this generated $8,900 and commended Operations Superintendent Doug Dobson for coordinating this event.Also,he reported that City was successful on the CDBG application for a $110,000 grant and that the City has priority on a Backup Application for an additional $110,000 in the event that the Primary Application from another community is not successful.He commended Kurt Knutson of Housing and Grants for his work on this project. PUBLIC HEARINGS APPLICATION FOR A SERIES 9 LIQUOR LICENSE FOR LUCKY BOB'S MINI MART BY JOHN KOZA )Mayor Damiano called upon applicant John Koza to speak on this item. Mr.Koza,2925 E.Superstition Blvd. (business address),stated this is a convenience store with a series 9 liquor license,which stands for heavy alcohol.He then offered to answer questions. There being no one wishing to ask any questions,Mayor Damiano closed the public hearing and asked for a motion. Councilwoman Barker MOVED THAT THE APPLICATION FOR A SERIES 9 LIQUOR LICENSE,SUBMITTED BY MR.JOHN KOZA OF LUCKY BOB'S I I MINI MART,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilman Cox SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DISCUSSION ON POSSIBLE INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR MAIN- TENANCE OF STREETS AND ROADS IN AND NEAR EXISTING AND POSSIBLE FUTURE BOUNDARIES OF APACHE JUNCTION )Mayor Damiano called upon City Manager Michael Lee to speak on this item. Mr.Lee explained that Pinal County officials were concerned for road maintenance over the proposed annexation and the proposed exclusion of the peripheral roads on that boundary.He stated the Intergovernmental Agreement addresses those concerns and would resolve that issue.He stated another concern of the County is that the annexation boundaries do not extend to the middle of roads as is the case with other communities in Pinal County.He suggested to consider in the future another annexation that would extend the boundaries to the middle of the roads. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 3 OF 17 City Attorney Glenn Gimbut explained that an intergovernmental agreement would be a more flexible device in dealing with road issues than annexation itself.He stated annexation simply states responsibility depends on whether a particular boundary line is inside or outside and an intergovernmental agreement provides for a complete review of all issues no matter what the boundary lines might be. ORDINANCE NO.803,AN -88-02 )Mayor Damiano called upon Assistant City Manager to address this item. Assistant City Manager George Hoffman briefed Council on the purpose of the annexation.He stated the City's vision for the state land,whenever it might be developed,is a low density characterized by a rural western lifestyle,which was the reason that people to the north and east of the City came to this area to enjoy.The BLM land would provide parks and recreational opportunities,which would include equine trails and facilities,hiking and bicycle trails.He stated that in order to achieve that vision direct control over the land is necessary and the annexation would give the City jurisdiction over the land. Planning Manager Jim Nakagawa stated this annexation proposal is for state and federal land to the north and east of the City to be within the city limits.He stated motivations for the annexation are that more people within the City would bring more tax revenues and undeveloped land within the city limits assures that development would proceed according to City requirements and not County requirements.He listed the steps required in the annexation process,the figures and taxable value of figures,and the required number of signatures in support of the annexation. He stated that some property owners had misconceptions on the annexation and explained some of the factors for clarification.He stated even though the Planning and Zoning Commission recommended denial of the annexation staff recommends approval of this proposal;it is consistent with the City's General Plan and the State Land Commission. the public. Mayor Damiano opened the hearing to Mr.Neil Houck,1505 S.Sixshooter, spoke on behalf of the Superstition Horsemen's Association in favor of the annexation.He stated many of their members are residents in the proposed area for annexation. Mr.Don Hughes,2680 S.Geronimo Rd.,spoke against.He expressed concerns that the annexation would cause an additional tax which they would not want. explain the annexation in legal terms. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 4 OF 17 Mayor Damiano asked City Attorney to Mr.Gimbut explained annexation is a process which takes of the land owners in an area at least 51% by both number and area to sign an annexation petition.He further explained this is something that can not occur without approval of the people directly affected by it;the City does not have the power to annex land without their approval. He stated Council's decision at this time would be only to either approve or disapprove the proposed annexation. Ms.Nancy Koerner,1026 N.Goldfield Rd.,spoke in favor.She stated she is a property owner adjacent to the land proposed for annexation and asked Council to take advantage of this opportunity. Ms.Rosemary Fensler,3650 S.Black Hawk Rd.(Gold Canyon Ranch),spoke on behalf of the ADOBE Homeowners Association against the annexation. Mr.Ron Hall,5180 E.Superstition Blvd.,spoke in favor. Mr.Larry Stewart of Consolidated Water Utilities Limited,spoke against.He stated portions of the annexation they are concerned about are sections 2 and 35,which are under their jurisdiction. Mr.Howard Lutell,representing the property at 912 N.Goldfield Rd.,spoke against. against. View,spoke against. Mr.Zavatta,3514 S.Barkley,spoke Mr.Jeff Uptegrove,4955 N.Desert Mayor Damiano closed the public hearing and addressed Council for comments.There being no comments he asked for a motion. Councilwoman Alger MOVED THAT ORDINANCE NO.803 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 5 OF 17 City Clerk Kathleen Connelly read "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,STATE OF ARIZONA,PURSUANT TO THE PROVISIONS OF TITLE 9,CHAPTER 4,ARTICLE 7,ARIZONA REVISED STATUTES AND AMENDMENTS THERETO,BY ANNEXING THERETO CERTAIN STATE AND FEDERAL TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilwoman Alger MOVED THAT ORDINANCE NO.803,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.810,PZ-10-91 Planning Manager to speak on this item. Councilwoman Barker SECONDED THE )Mayor Damiano called upon the Planning Manager Jim Nakagawa stated the State Law provides with three rezoning choices for annexed land.One,the City may allow County zoning to remain in effect for six months and later adopt a rezoning before the six-month period expires;second,the City may enact city zoning equivalent to current County zoning;and third,the City may adopt a more restrictive zoning than the County's.He explained the proposed zoning classification;conveyed recommendations made by the Viewpoint Homeowners Association and the Superstition Horsemen's Association;and pointed out protest petitions filed against the proposed rezoning,which are not sufficient to revoke the voting requirement should Council decide to approve the ordinance.He stated staff recommends approval of this ordinance with a possible amendment that the PD overlay be stricken for the Elks Lodge property. Mr.Neil Houck,1505 S.Sixshooter, spoke on behalf of the Superstition Horsemen's Association and read letter from the association requesting that current city regulations regarding pigs, home occupations and equine apply also to the annexed area and that any other changes be considered at the time of development. Mr.Mel Young (did not state his address)who lives north on McKellips,spoke in favor. City Attorney Glenn Gimbut stated the reasoning for a PD overlay,as proposed by staff,is to allow certain flexibility for Council to put in special restrictions. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 6 OF 17 Ms.Nancy Korner,1026 N.Goldfield, spoke in favor.She asked not to add any other stipulations at this time;that should be done at the time of planned development. Ms.Anabelle Richards,spoke in favor but objected to any other stipulations at this time. Mayor Damiano closed the public hearing and asked for a motion. Councilwoman Alger MOVED THAT ORDINANCE NO.810 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 Kathleen 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 AMENDING THE ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA,CHANGING THE ZONING DISTRICT CLASSIFICATION IN CITY -INITIATED REZONING CASE PZ-10-91,APPLYING ZONING CLASSIFICATIONS TO STATE AND FEDERAL LAND ANNEXED PURSUANT TO ORDINANCE NO.803;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY." Councilwoman Alger MOVED THAT ORDINANCE NO.810,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. MOTION. VOTE:Unanimous. The motion carried. ADEQ PUBLIC HEARING FOR THE APACHE JUNCTION AREA AIR POLLUTION CONTROL PLAN City Engineer to speak on this item. Councilman Coleman SECONDED THE )Mayor Damiano called upon the City Engineer Gordon Grandy introduced Mr.Joe Gibbs of the Arizona Department of Environmental Quality and asked Mr.Gibbs to address this item. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 7 OF 17 Mr.Gibbs stated this public hearing is mandated by the Clean Air Act.He stated the Clean Air Act amendments of 1990 stipulate that for all those areas of the nation that are determined not to be in compliance with federal health standards must develop a plan to make those areas comply within the future.He explained that Apache Junction Area within Pinal County is also part of the Phoenix PM10 Non-attaintment Area and as such must develop a plan,even though monitors in Pinal County registered Apache Junction air to be within the health standards;it is mandated by the Clean Air Act that this area must develop a plan. Mr.Martin Godusi with Pinal County Air Quality Control stated he received approval to draft a plan from City Council as well as Pinal County Board of Supervisors.He stated a Pinal County -Apache Junction Air Quality Advisory Committee was formed and the Board of Supervisors pre -approved the plan with some revisions;one of the conditions was to submit a resolution on November 18th. Mayor Damiano opened the hearing to the public.There being no one wishing to speak,he closed the public hearing. PROPOSED RESOLUTION NO.91-50,STATE IMPLEMENTATION PLAN FOR THE PINAL COUNTY PORTION OF THE PHOENIX PM10 NONATTAINMENT AREA City Engineer to address this item. No action was necessary. )Mayor Damiano called upon the City Engineer Gordon Grandy briefed Council on the resolution and stated that by December 10,1993 the Reasonably Available Control Measures (RACM'S)to keep the dust particulate matter (PM10) in Apache Junction to a minimum,some control measures will be implemented. He explained that since Apache Junction readings of PM10 prove this area to comply with the federal health standards,the City desires to be excluded from MAG Particulate Plan.He stated the City would submit its own separate implementation plan and hope that EPA agree with such a separation. Mayor Damiano opened the hearing to the public. Mr.Al Langenderfer,1165 W. Shiprock,complained about "dust devils"in the area. Mr.Gimbut stated most of the surrounding area is desert and what the weather does some times is out of our control. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 8 OF 17 Mr.Gibbs stated ADEQ realizes the respiratory system is affected by both natural causes as well as man made, however ADEQ requires some regulations to control the man made causes. Mr.Godusi stated that in spite of the problems being experienced in Pinal County this area was monitored being in compliance of the health standards.He stated for that reason Apache Junction has the opportunity to formulate its own plan before MAG,State,or EPA decide for the City. Councilman Coleman MOVED THAT RESOLUTION NO.91-50,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,STATING THE COUNCIL'S INTENT TO IMPLEMENT REASONABLY AVAILABLE CONTROL MEASURES (RACM'S)TO REDUCE THE LEVELS OF PARTICULATE (PM10)POLLUTION,BE APPROVED AND ADOPTED. MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.91-51,GPA-91S-04 Planning Manager to speak on this item. Councilwoman Barker SECONDED THE )Mayor Damiano called upon the Mr.Jim Nakagawa stated this is a General Plan amendment privately initiated by Keith and Kathryn Stachar and Earl and Jean Laabs,and they are requesting a change in the General Plan for a five -acre site from conventional homes to manufactured homes.The site is located on the south side of Shiprock Street between Thunderbird and San Marcos Drives in Section 17.He briefed Council on historical background information and stated the Planning and Zoning Commission recommended denial of the proposed General Plan amendment for the reasons listed in the report. He stated staff's recommendation is that if Council is strongly committed to conventional homes,this amendment should be denied;however,if Council supports a more lenient policy with respect to manufactured home development, staff would recommend approval provided that prior to that any existing or future recreational vehicles not be used as a cOwelling unit,and the reasons are listed in the report. the public. Mayor Damiano opened the hearing to Ms.Joan Parrish,1031 W.Shiprock, spoke against.She stated there are already people living in recreational vehicles and mobile homes on the premises,which is illegal under the General Rural zoning.She stated the property is not being properly maintained;by allowing the change will enable the applicant to subdivide and add more rental REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 9 OF 17 units;the applicant's request does not meet with the long-term needs of the community. Ms.Geraldine Washington,1083 W. Shiprock,spoke against.She stated the property is not well maintained and this change will allow the applicant to continue to pursue the present conditions. Mr.Al Langenderfger,1165 W. Shiprock,spoke against.He stated the amendment to the General Plan will benefit an individual only and will be against the expectations of the community.He stated that allowing this change will create a cluster of rentals in an area mostly owner occupied and will have and adverse impact equal to a 12 -space mobile home park. Mr.Keith Stachar,co-owner of the property stated the property has been cleaned up.He further explained his request for amendment of the General Plan. Mayor Damiano pointed out to Mr. Stachar the protest petitions filed against the proposed plan change. Mr.Stachar pointed out a letter whose undersigner would not be opposed to the proposed plan change if certain conditions are met.He stated his request complies with those conditions. Mr.Earl Laabs,1322,N.Goldfield, co-owner of the property,further explained his request for amendment of the General Plan. Councilman Perkins MOVED THAT RESOLUTION NO.91-51,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING GENERAL PLAN AMENDMENT GPA-91S-04,A PRIVATELY -INITIATED PROPOSAL TO REDESIGNATE FIVE ACRES IN SECTION 17 TO MANUFACTURED HOMES PERMITTED,BE DENIED. Councilwoman Barker SECONDED THE MOTION. VOTE:In favor:Councilwoman Barker,Councilman Coleman,Councilwoman Alger, Councilwoman Cox,Councilman Perkins,Mayor Damiano. Opposed:Vice Mayor Eidson. The motion carried. RECOVER COSTS RESULTING FROM BUILDING DEMOLITION AT 140 S.STARDUST,LOT 2, REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 10 OF 17 SUNNY LANE ESTATES )Mayor Damiano called upon the City Clerk to address this item. City Clerk Kathleen Connelly stated a plan of action by the City Attorney had been distributed for the collection of costs incurred in the building demolition at 140 S.Sturdust,Lot 2,Sunny Lane Estates.She stated at the present time no protest petitions have been filed against this action. Mayor Damiano said that pursuant to Chapter 9 of the Uniform Code for the Abatement of Dangerous Buildings he then would open the public hearing to pass upon the report of the Director of Public Works with regards to the abatement of the building formerly located at the above mentioned address.He stated that,per City Attorney,it is the City's duty to inform the City Council of the correctness of the charges incurred by the City with respect to this building abatement and then determine if this should be a charge against the building owner or a lien against the subject property. Public Works Director Richard Broman pointed out a lengthy report as part of the record that outlines the procedures and expenses for the building demolition at the above mentioned address.He briefly described the outline. Mayor Damiano asked for public comments.There being no one wishing to speak on this item,he closed the hearing to the public. Councilwoman Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE RECOVERY OF COSTS INCURRED AS THE RESULT OF BUILDING DEMOLITION,THAT RECOVERY BE A LIEN ON THE PROPERTY AT 140 S.STARDUST,LOT 2,SUNNY LANE ESTATES,APACHE JUNCTION;THAT THE MAYOR AND CITY CLERK BE EMPOWERED TO EXECUTE SUCH DOCUMENTS AND TAKE SUCH ACTION AS MAY BE NECESSARY;THAT THE COST OF SAID LIEN BE ASSESSED AGAINST THE FORE DESCRIBED REAL PROPERTY IN THE AMOUNT OF $1,889.00. Councilman Perkins SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 11 OF 17 DIRECTION TO STAFF REGARDING AMEND- MENT TO CHAPTER 8 OF THE CITY CODE APPLYING TO CART VENDORS Mayor Eidson to address this item. )Mayor Damiano called upon Vice Vice Mayor Eidson stated he talked with Uncle Regie and he again is having problems in trying to set up his hot dog stand at various business locations.He stated according with cart vendors regulations permission from both the business owner and the property owner have to be obtained;he believes the requirement of the property owner's permission is unnecessary and only places a burden upon the cart vendor. Councilwoman Alger stated if private property is used to solve the problem of cart vendors the City should not allow them to set up without knowing that the property owner is fully aware of the situation. Councilman Perkins asked the City Attorney if the amendment will put the City at risk of being liable if something like an accident should happen;if the City has the right to dictate how a property owner should use his property. City Attorney Glenn Gimbut replied the City would not be put at risk of liability.He stated the proposed amendment requires permission from the business owner who has property rights in the area and the City would not be stating whether a person should be on somebody's property or not.He explained that is difficult to separate where liability would occur in the case of a person coming to shop there anyway, versus a person coming to shop there and getting a hot dog. Councilman Perkins asked if a cart vendor gets permission only from a business owner and another business owner in the same complex,who might sell the same product inside his store, complains to the property owner,and the property owner comes back to confront the business owner who permitted the cart vendor to set up his stand,will he also come back against the City? Mr.Gimbut replied the property owner will not come back to the City for liability purposes.He explained that would be a matter of private rights by contract pursuant to the individual's lease and the City would not be responsible. Mayor Damiano stated he knows of people who own property in Apache Junction who live in Hong Kong.He stated it would be difficult and time consuming trying to get their permission. Councilman Cox stated the amendment would be better than having a person going on welfare and be supported by others. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 12 OF 17 Vice Mayor Eidson MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING AMENDMENTS TO CHAPTER 8 OF THE CITY CODE APPLYING TO CART VENDORS,THAT THE RESTRICTION REQUIRING PERMISSION FROM THE PROPERTY OWNER BE REMOVED. Councilman Cox SECONDED THE MOTION. VOTE:In favor:Councilman Cox,Councilman Perkins,Councilman Coleman,Vice Mayor Eidson,Councilwoman Barker,Mayor Damiano. Opposed:Councilwoman Alger. The motion carried. DIRECTION TO STAFF REGARDING SINGLE- ROOM OCCUPANCIES )Mayor Damiano called upon Councilwoman Alger to speak on this item. Councilwoman Alger asked Building Manager Lynn Underwood to briefly address this item. Building and Safety Manager Lynn Underwood stated a case where an apartment complex with a 2-3 bedroom units was intended to be used as single -room occupancy to allow individual rents inside the 2-3 bedroom units.He stated with the building codes alone the City could not prevent that from happening but the prohibition of single -room occupancies within the zoning codes would. Vice Mayor Eidson asked Mr. Underwood if that amendment would not apply to dwellings other than apartment complex. Mr.Underwood stated the term single -room occupancy does not mean it would apply to a dwelling with a single room only nor would apply to a shelter;but instead the codes would prohibit the subleasing of individual rooms within a larger apartment complex.He stated the amendment would prevent the clustering of people within large apartments in a complex that was not designed for that. Councilwoman Barker asked Mr. Underwood what would be the impact of this on a boarding dwelling. Mr.Underwood replied that could be one of the limitations that Council could state in the amendment. Councilwoman Alger MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING SINGLE -ROOM OCCUPANCIES,THAT STAFF PROCEED WITH RESEARCH BASED ON DISCUSSION AND BRING BACK RESULTS PRIOR TO GOING TO THE PLANNING AND ZONING. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 13 OF 17 MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF REGARDING STRUCTURE SEPARATION REQUIREMENTS IN MOBILE HOME AND RECREATIONAL VEHICLE PARKS Councilman Coleman SECONDED THE )Mayor Damiano called upon Building and Safety Manager to speak on this item. Mr.Lynn Underwood explained that when the 1991 Uniform Building Code was adopted appendix Chapter 49 was left out.He stated Chapter 49 allows relief from certain requirements on simple structures to conventional construction such as awnings in patios.He further explained the technicalities of these requirements and stated that unnecessary work would be done if Chapter 49 is not included. Councilwoman Alger MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING STRUCTURE SEPARATION REQUIREMENTS IN MOBILE HOME AND RECREATIONAL VEHICLE PARKS,THAT STAFF PROCEED WITH RESEARCH BASED ON DISCUSSION. MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF REGARDING PRE -HUD MOBILE HOMES:AMENDMENT TO CITY CODE Councilwoman Barker SECONDED THE )Mayor Damiano called upon Building and Safety Manager to speak on this item. Mr.Lynn Underwood stated PRE -HUD mobile homes which were built prior to 1976 do not meet current safety standard requirements.He stated the City currently does not allow them to move from outside the city limits to inside.He suggested that if these were to be allowed inside the city limits these be required to be hooked in a park, or remain outside the city.He proposed to research this issue further. Councilwoman Alger MOVED TO GIVE BUILDING OFFICIAL DIRECTION TO RESEARCH CHAPTER 7 AND FIND THE NECESSARY INFORMATION FOR CHANGING THE CURRENT ORDINANCE. Councilwoman Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 14 OF 17 VOTE:Unanimous. The motion carried. DIRECTION TO STAFF REGARDING REMOVAL OF YARD SALE SIGNS Mayor Eidson to address this item. )Mayor Damiano called upon Vice Vice Mayor Eidson stated he has received several complaints from people conducting yard sales at their homes saying that the signs they put up are removed by the City.He said he would like to change the policy on yard sales to read,"The City' will not pick up yard sales unless they are in the street or on sidewalks,or on Highway 60." He pointed out that yard sales along Highway 60 remain posted for several days. Councilwoman Alger asked staff whether yard sale signs are illegal or not according to the sign code. Mr.Nakagawa replied that a sign on the right of way is illegal but the City is not allowing signs on private property either. Vice Mayor Eidson suggested to change the policy to say that only yard sale signs that appear to be a hazard to safety be removed. Councilwoman Alger stated that if yard sale signs are illegal and are allowed this will create a conflict with other illegal signs in the City.She stated if Council desires to change the yard sale policy then Council should specifically direct the Planning and Zoning Commission on what to do so that they hold a public hearing on this issue. City Engineer Gordon Grandy stated yard sale signs can become a detriment to traffic safety if these proliferate everywhere. Mayor Damiano stated he would draft a resolution for Council's review and comments;this would propose a change in the current sign ordinance regarding yard sale signs that would benefit the citizens as well as the City;he stated he would have it ready for the next Council meeting. Public Works Director pointed out there are provisions in the City Code that prohibit the signs projecting into a public easement or right of way;sections 21.09C and 29.09F prohibit the signs from being attached to a public pole,structure,street sign,light pole,hydrant,stop sign and other surfaces located on private property. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 15 OF 17 Therefore the City historically have been taken these signs down for several years now.He stated he believes there is a real liability risk to the City when these signs are posted on traffic control devises because they obstruct the view of traffic;cardboard boxes that are set on the ground tend to be knocked down onto the street and represent a liability to traffic and pedestrians.He stated not only the zoning ordinance should be considered but also the sign code and the city code as well. Mayor Damiano reassured Council and city staff that his resolution would be simple and should satisfy everybody. Councilwoman Alger MOVED THAT COUNCIL PROCEED WITH MAYOR DAMIANO'S SUGGESTION OF A POSSIBLE RESOLUTION TO RESOLVE THIS MATTER AND BRING IT BACK ON THE NEXT CITY COUNCIL AGENDA FOR DIRECTION TO STAFF AND THE PLANNING AND ZONING COMMISSION. Councilwoman Barker SECONDED THE MOTION. 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,NOVEMBER 18,1991 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,NOVEMBER 19,1991 IN THE CITY COUNCIL CONFERENCE ROOM. MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS None. ADJOURNMENT meeting at 10:50 p.m. Consent Agenda Items are as follows: REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 16 OF 17 Councilwoman Barker SECONDED THE )Mayor Damiano adjourned the 1.Acceptance of Agenda. 2.Acceptance of the Minutes of the Regular Meeting of October 15,1991. 3.Recommendation to Award Bid (PR 91-03)to Leach Construction,Inc.for 24'x 36'metal storage building to be constructed at Prospector Park. 4.Appointment of Angela Shoemaker to Health and Human Services Board. ACCEPTED THIS 3RD DAY OF DECEMBER ,1991,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF DECEMBER ,1991. ATTEST: KATHLEEN CONNELLY City Clerk 3/010~..5:12-101160w.4.410.ACe T OMAS DAMIANO 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 5th day of November,1991.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 19th day of November ,1991. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5,1991 PAGE 17 OF 17