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City OKs P&Z code amendment
Thelma Grimes/San Pedro Valley News-Sun
The Benson City Council approved an amendment to the planning and zoning code Monday night but refused to declare it an emergency as requested by city staff.
The amendment was first introduced in September when city staff asked Council to declare passing the change an emergency. But the measure was tabled to allow the city to follow the public hearing process.
The amendment changes how the city will prosecute those in violation of city code. Public Works Director Brad Hamilton said state statutes allow the city to prosecute code violators, but it is an unfamiliar process that would take more time and require more staff and resources.
With council approval of the amendment, city staff will now have the authority to prosecute violators through an established procedure.
Councilman Al Sacco had problems with some of the wording in the amendment and made a motion to approve his changes, including changing the prosecution of, to processing.
The motion died for a lack of a second.
The council also received feedback from Benson resident Dianne Tipton, who questioned the need for the ordinance, when she felt the city already has a similar code in place under chapter 17. She also questioned the need to make it an emergency, which means the amendment would go into effect immediately, instead of having to wait 30 days.
Councilwoman Jo Deen Boncquet questioned City Attorney Michael Massee on why the amendment should be designated as an emergency.
"The situation of not having a cost-effective remedy for zoning violations is troubling," said Massee. He said he had discussed with a previous city attorney zoning violations had been prosecuted in the past, and she said there has been little to no prosecution.
"It is anomalous that a city would adopt regulations without having a policy for enforcing them," Massee said.
After discussions, Councilwoman Lori McGoffin moved to approve the amendment without the 30-day emergency declaration. The motion passed 6-1 with Sacco voting against it.
Tipton also questioned the process that will come with the new amendment as code violators will have to appear in court. The former councilwoman said the city once had a board of appeals, but it no longer exists since board members' terms have expired.
Tipton said having a board of appeals in place would give property owners a way to appeal, and would save the city money in court costs.
Tipton has fought the amendment proposal since it was introduced, since she manages a local manufactured home park and may be one of the first prosecuted by the city.
Tipton manages a park owned by her son Jay Kendrick, who has allegedly ignored city notices about one of the lots on his property. Kendrick was ordered not to move occupants into a new trailer until city code violations were taken care of.
In an Aug. 26 letter to Kendrick, Hamilton said the city's inspectors had found three separate violations with the property, which included installing a manufactured home that does not match the site plans, does not provide off-street parking as required and does not have a minimum fire separation distance from adjacent structures and property lines.
The city investigated the property after receiving complaints from neighbors.
In other business, the council pulled back from spending more than $80,000 to purchase property near City Hall on 5th Street. The council had given City Manager Glenn Nichols permission to move forward with purchasing the house on the corner of Patagonia and 5th streets, and a nearby vacant lot in October.
However, reports of the house having asbestos became a concern, causing the council to table the purchase, and order further testing.
Monday night, Nichols said testing shows there is a small amount of asbestos on the siding.
Nichols said the lab report stated the materials tested have less than one percent by volume, and that is well under environmental standards.
With other questions surrounding the electric and plumbing of the house, council members McGoffin and Jo Deen Boncquet said they feel the property continues to have hidden costs, and may not be in the best interest of the city.
Council members agreed, voting unanimously to stop the purchase.
David DiPeso, the Realtor acting on behalf of the the city for an unrepresented seller, said he was surprised by the council's decision. The Realtor said there was never any coverup by the sellers or him, noting that past asbestos tests had been conducted and documented by the city, and they had thought city officials were already aware of the building's condition.
"I thought the contract would move forward after the asbestos tests came back negative," DiPeso said. "This was a good deal, and would have been a good property for the city to have."
DiPeso also stressed that the asbestos has been found on the siding of the house, and could be easily remedied had the council decided to move forward with the purchase.
During the call to the public, former council member Kathy Suagee said the property was overpriced, noting that the council had rejected offers to purchase twice before.
Suagee, a Benson resident, said with the economy currently in recession, as a taxpayer she feels the city doesn't need to spend thousands of dollars on such a property.
Before voting against the purchase, Sacco agreed with Suagee, stating he would rather see the city spend money on upgrading outdated equipment for the fire department.
The Benson City Council approved an amendment to the planning and zoning code Monday night but refused to declare it an emergency as requested by city staff.
The amendment was first introduced in September when city staff asked Council to declare passing the change an emergency. But the measure was tabled to allow the city to follow the public hearing process.
The amendment changes how the city will prosecute those in violation of city code. Public Works Director Brad Hamilton said state statutes allow the city to prosecute code violators, but it is an unfamiliar process that would take more time and require more staff and resources.
With council approval of the amendment, city staff will now have the authority to prosecute violators through an established procedure.
Councilman Al Sacco had problems with some of the wording in the amendment and made a motion to approve his changes, including changing the prosecution of, to processing.
The motion died for a lack of a second.
The council also received feedback from Benson resident Dianne Tipton, who questioned the need for the ordinance, when she felt the city already has a similar code in place under chapter 17. She also questioned the need to make it an emergency, which means the amendment would go into effect immediately, instead of having to wait 30 days.
Councilwoman Jo Deen Boncquet questioned City Attorney Michael Massee on why the amendment should be designated as an emergency.
"The situation of not having a cost-effective remedy for zoning violations is troubling," said Massee. He said he had discussed with a previous city attorney zoning violations had been prosecuted in the past, and she said there has been little to no prosecution.
"It is anomalous that a city would adopt regulations without having a policy for enforcing them," Massee said.
After discussions, Councilwoman Lori McGoffin moved to approve the amendment without the 30-day emergency declaration. The motion passed 6-1 with Sacco voting against it.
Tipton also questioned the process that will come with the new amendment as code violators will have to appear in court. The former councilwoman said the city once had a board of appeals, but it no longer exists since board members' terms have expired.
Tipton said having a board of appeals in place would give property owners a way to appeal, and would save the city money in court costs.
Tipton has fought the amendment proposal since it was introduced, since she manages a local manufactured home park and may be one of the first prosecuted by the city.
Tipton manages a park owned by her son Jay Kendrick, who has allegedly ignored city notices about one of the lots on his property. Kendrick was ordered not to move occupants into a new trailer until city code violations were taken care of.
In an Aug. 26 letter to Kendrick, Hamilton said the city's inspectors had found three separate violations with the property, which included installing a manufactured home that does not match the site plans, does not provide off-street parking as required and does not have a minimum fire separation distance from adjacent structures and property lines.
The city investigated the property after receiving complaints from neighbors.
In other business, the council pulled back from spending more than $80,000 to purchase property near City Hall on 5th Street. The council had given City Manager Glenn Nichols permission to move forward with purchasing the house on the corner of Patagonia and 5th streets, and a nearby vacant lot in October.
However, reports of the house having asbestos became a concern, causing the council to table the purchase, and order further testing.
Monday night, Nichols said testing shows there is a small amount of asbestos on the siding.
Nichols said the lab report stated the materials tested have less than one percent by volume, and that is well under environmental standards.
With other questions surrounding the electric and plumbing of the house, council members McGoffin and Jo Deen Boncquet said they feel the property continues to have hidden costs, and may not be in the best interest of the city.
Council members agreed, voting unanimously to stop the purchase.
David DiPeso, the Realtor acting on behalf of the the city for an unrepresented seller, said he was surprised by the council's decision. The Realtor said there was never any coverup by the sellers or him, noting that past asbestos tests had been conducted and documented by the city, and they had thought city officials were already aware of the building's condition.
"I thought the contract would move forward after the asbestos tests came back negative," DiPeso said. "This was a good deal, and would have been a good property for the city to have."
DiPeso also stressed that the asbestos has been found on the siding of the house, and could be easily remedied had the council decided to move forward with the purchase.
During the call to the public, former council member Kathy Suagee said the property was overpriced, noting that the council had rejected offers to purchase twice before.
Suagee, a Benson resident, said with the economy currently in recession, as a taxpayer she feels the city doesn't need to spend thousands of dollars on such a property.
Before voting against the purchase, Sacco agreed with Suagee, stating he would rather see the city spend money on upgrading outdated equipment for the fire department.
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