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HomeMy WebLinkAbout04/21/1998 Regular Council Meeting MinutesII. IlL IV. Vo VI. M]'N UTES OF R.EGULAiR COUNCIL MEETING · ·MARANA TOWN COUNCI[~ A'PI~IL 21, 1998 PLACE AND DATE Marana Town Hall, April 21, 1998 CALL TO ORDER By Mayor Ora Ham at 7:03 P.M. PLEDGE OF ALLEGIANCE Led by Mayor Ora Harn INVOCATION Led by Captain Paul Ruehl, Sr. of the Salvation Army ROLL CALL COUNCIL Ora Ham Bobby Sutton, Jr. Ed Honea Herb Kai Sherry Millner Michael Reuwsaat Roxanne Ziegler Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member, excused STAFF Hurvie Davis Michael Hein Jocelyn Entz Dan Hochuli Sandy Groseclose Brad DeSpain Jerry Flannery Dave Atler Town Manager Assistant Town Manager ^sst. to Town Manager Town Attorney Town Clerk Utilities Director Planning Director/Annexing Town Engineer APPROVAL OFAGENDA A motion was made by Mike Reuwsaat, seconded by Vice Mayor Sutton, to approve the agenda, as written. The motion carried 6/0. ACCEPTANCE OF MINUTES A motion was made by Vice Mayor Sutton, seconded by Mike Reuwsaat, to accept the minutes of Regular Council Meeting, April 7, 1998; minutes of Study Session, March 17, 1998; minutes of Budget Meetings, March 24, 1998 and March 31, 1998. The motion carried 5/0. Herb Kai abstained, absent for April 7th meeting. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Jerry Flannery: I would like to announce a new staff member to the Development Center planning staff. Her name is Jennifer Eskue. Jennifer is our new receptionist. She comes to us with a world of experience. She worked ! .'·"MINUTES OFREGULARCOUNCILMEET1NG ': . '.' MARANA TOWN COUNCIL . . APRIL 21, 1998 in the County of La Paz for the last six years as the executive secretary to the Board of Supervisors. She has a wealth of experience in recording, transcribing and preparing minutes for those meetings. She holds the following certifications- the State of Arizona Election Officer certification, Arizona Department of Revenue Level One Appraiser certification, International Association of Real Property Appraisal certification and Department of Revenue Personal Property certification. She also held the office of Vice President of the La Paz County Crime Stoppers for the last four of the six years she was in that organization. Jennifer's husband works at Sergeant Control in Marana and she has a nine year old son. Welcome. Ed Honea: I would like to read a brief letter addressed to Janice Lawson, President of Marana Chamber of Commerce. Pursuant to our telephone conversation, this letter will outline the important points regarding the Stockman's Bank opening a branch in Marana. Stockman's Bank is committed to opening a branch in Marana. On April 10, 1998, the Stockman's Bank defected a five year lease for the former Bank One bank building, located on Trico Marana Road. We anticipate beginning the application process to the necessary regulators within two weeks. The refurbishing of this branch is anticipated to be completed within a 30 day time frame. The Stockman's Bank intends to open this branch as a full service bank offering a wide variety of deposit and loan products in addition to safety deposit boxes, etc. It is signed by Darrell Lautaret, Vice Chairman/CEO. We will be getting a bank and they have made a five year commitment. I think that is great. VIII. STAFF REPORTS IX. No action taken. GENERAL ORDER OF BUSINESS A. Resolution No. 98-35 - Request for a Variance to Title 21, Flood Plain and Erosion Hazard Management code, by Elaine Thornton-Lamaetus Hurvie Davis: This is a request for a variance to our flood plain ordinance. Mr. After serves as the flood plain administrator. The property is located at 13672 North Jane Avenue in the Town of Marana. It is in the flood-way. Mr. After can speak more to that. I would point out, as indicated in our communication to you, the owner explained that she bought the property in Mamh of 1993 and in that time, despite the flood plain ordinance, we have allowed her to place two manufactured homes on the property. One in April, 1993 and another in January, 1995. The elevation of her property is about 1.6 feet below the hundred year flood elevation. While Mr. Atler is the flood plain administrator and does have some latitude, staff takes the same position as it has historically taken that rather than staff (Mr. Atler) granting a variance himself, this is of some consequence to the Town if we get flooded 2 · MINUTES oF..REGULAiR. COUNCIL M.EETING' ·" MARANA TOWN COUNCIL . · · 'APRIL 21, 1998 and Mayor and Council should be the ones making this decision and perhaps subjecting the property owner, as well as the Town, to liability. I believe it is beyond the staff's authority to do so. The Town Council is sitting tonight as the Flood Plain Management Board and an appeal is being made to you. At this time I turn it over to Mr. Atler to add something further. Then we can turn it over to the applicant if she would like to make a comment. Dave After: Ms. Thornton-Lamastus has been issued permits in the past. She does have one of the mobiles on the property and she has hook ups for the mobile home that was taken off in the past. What really triggered this issue was the other mobile home was taken off about a year and a half ago, rather than within the twelve month grace period allowed by Title 21. We are following the same guidelines and have the same restrictions as the Flood Plain Management Board and opt to grant the variance the same restrictions on this property as we have suggested in the past or that has been added by Council in the past, in particular. Ms. Thornton-Lamastus is here this evening if you would like to hear her presentation. Elaine Thornton-Lamastus, 13672 North Jane Avenue, Marana, AZ: When we first bought the property, we got approval to have two mobiles on there since there were two existing set ups. That was on the plan in 1993 to move family on. At this current time, my mother, who is in Florida and 72 years old, needs to be with family. We were going through the process, we bought her a home and she sold her home. We did not know there was going to be a problem with the flood-way since we put a home up in 1993 and in 1995. We need to get her in here and we are also in a time crunch since her house has been sold and the mobile that we bought is a 1989, an upgrade from the original one, needs to be moved in by April 30th. I don't really understand all of this since we did put a home up in 1993 and one in 1995. Where the difference comes, they have given me some elevation figures that the home would have to be set at. I am curious about those. In the packet that I gave, there was a letter from one neighbor that went through the 1983 flood and I have two more letters from neighbors that were in the 1983 flood and their homes are flat on the ground. There was never any water that came into their homes and my home is above that because it is a mobile. This other home would be above as well. We are also on the edge of the possible flood-way because it is just a projection, not necessarily a fact. ~t could possibly happen, but in 1983 they did not know what the projection was and it did not come to my property. That was one of our reasons for getting that property, knowing that it would stay dry other than monsoons and things. I request that we be allowed to move on with our business of moving my mother in, she needs to be near family, now at 72. Ed Honea: Did you call and leave a message on my answering machine? (Yes sir, I did.) I did not neglect you, I asked about that and I thought the answer I got was that you got your permit so I did not follow it any further. I did not ignore you, I apologize for not calling you back. Madam Mayor, I think there has been a basic precedence set on individuals that already have infrastructure in for homes, especially in the example of this lady's home where it did not flood in the massive flood of 1983 even though there · MINUTES OF REGULAR COUNCIL MEETING MARANA ·TOWN COUNC'[L APRIL 21, 1998 was some peripheral flooding in the Berry Acres subdivision. really unfair for us not to grant the variance. I think it is A motion was by Ed Honea, seconded by Vice Mayor Sutton, that the Council, sitting as Flood Plain Management Board, adopt Resolution No. 98- 35 approving the request for a variance by Ms. Thornton-Lamastus, a variance to Title 21 Flood plain and Erosion Hazard Management Code, subject to the above recommendations. Motion carried 6/0. Mayor Ham: Are you aware of what the options for No. 2 are? (no) I will read it into the record. "Option No. 2 - The Flood plain Management Board for the Town of Marana can grant the vadance to Title 21 Flood Plain Management and Erosion Hazard Code, with the following conditions: 1) An acceptable indemnification agreement holding the Town harmless in the event the home, property, etc., are damaged by flood activities shall be recorded by the Town Clerk's Office; 2) The permit shall comply with the Standards For Manufactured Homes contained in the Title 21 Flood Plain and Erosion Hazard management Code (Section 21.10); 3) Submittal of proof of flood insurance annually to the Town of Marana Town Clerk's Office; and 4) Agree in writing that if the Town is placed on probationary status with the NFIP, and corrections need to be made to the variances granted, that the property owner will be responsible for bringing the property up to standards at the owner's sole expense." Are you willing to except those options? Elaine Thornton-Lamastus: Yes, I am. I do have a question about the height of the mobile. That is, it needs to be a foot above the flood plain and there is confusion about what floor-base is. Dave After: We will be working with Ms. Thornton-Lamastus on this. Mike Reuwsaat: If we have to review any similar situations to this, I would like the applicant to have the conditions and to understand the Code pdor to the Council. My concern is that you understand what you are agreeing to. Do you have those? Dave Atler: We gave her a copy of Title 21 and met her at her house and went over the conditions. Elaine Thornton-Lamastus: It has been discussed with me. I understand that I have a variance and basically if there is a flood then I won't sue Marana for any flood damage. Truthfully, I would not think of doing that in the first place. Secondly, if there is a problem with the Federal codes then we would move the mobile at our expense. Also, that it will comply with the standards. Mike Reuwsaat: Dave, in your bi-annual reports, on the last few that have been approved, what are the comments, if any, from the Core of Engineers on the exceptions that the Council has made? M'IN UTES OF.REGULAR COUNCIL .MEETING MA RANA TOWN CO UNCIL . . APRIL 21, 1998 . . Dave After: We have not heard anything back. Mike Reuwsaat: So, to the best of your knowledge, we are not in any danger, at this point, of being put on probation. Dave After: To the best of my knowledge. Jt is more of a cumulative effect, when the next bi-annual report comes out this would be added to it. That could trigger it, I don't know, but to the best of my knowledge we are not in trouble. Mike Reuwsaat: I think I speak for most of the members of this Council in that we are here again, at the same spot we were twice before. We keep saying we are not going to do this again and it concerns all of us that the cumulative effect when we make these exceptions will be an insurance rate for the entire community because of the exceptions made. I would like to see staff look at a moratorium with a notice to every property owner out there (not a notice in the paper), something that really gets the word out. The cumulative effect really concerns me and we will probably be up here many more times from now. We don't know what is going to happen to the flood plain and flood-way after the flood goes in. That flood-way may change, it could increase and it could decrease. I will ask, under future agenda items, that this Council consider taking a firm position until we can really work through what the effects on the entire community are and coming up with staff recommendation for actually reaching the people that are affected. This way there will be no misconception about what is going on in that area. B. Resolution No. 98-34 - Request by Mulvanney Partnership Architects to Change the Existing Name of Price Club Drive to Costco Drive and to Change the Existing Name of Price Club Place to Costco Place Hurvie Davis: You visited this issue in September of last year, at which time Costco was working with the businesses and property owners on Price Club Drive to get the approval of those and look at the costs that would be incurred by those people, businesses and so forth, if the name change were made. I believe Costco has been working with those people during that time. Just recently staff got involved, as well. Mr. Atler and his staff are trying to get as many businesses and property owners affected to concur and reach agreement on the costs incurred by the businesses to be picked up by Costco. I turn it over to Mr. Atler to give you more details on it. It is outlined in your information this evening as to how many have agreed and how many have not agreed. I don't know if there have been any recent changes since our communications were prepared and sent out to you last week. I suspect that we have to get 100% of the businesses to concur or we probably won't change the street name. It is very rare that you get 100%. I believe Mr. Joel Winbum, Manager of Costco, is here this evening. Dave After' I passed around two letters recently received, subsequent to your packets going out, from two of the business owners and tenants in the area. There are eleven tenants out there. One of them has taken one of '. ' MINUTES'OI~·REGULAR CouNcIL M'EETING " MARANA .TOWN COUNCIL A PRI.L 21, 1998 the spaces s~nce Mr. Winburn sent his letter out a few months ago, so only ten of them received a letter offering to pay for all of their expenses associated with changing their business cards, letterhead, and alike. The first letter is from Country Companies and our understanding is that they object because of the precedence and because they don't have anything other than the letter from Mr. Winbum saying that they would pay for it. The other letter says they don't have any objection provided their expenses are paid for. The staff's recommendation, based on the timing that Costco is looking at with the new phone book information being required in the third week in May, is to have a conditional approval subject to a majority of the property owners coming to a written agreement with Costco and putting the requirement on Costco to turn those letters of agreement into staff. Again, I did talk to Mr. Winburn this afternoon and I believe he is here this evening. Dan Hochuli: From our department's perspective, our only concern with that proposal is if the desire of the Council is to adopt it as a conditional approval and Jf a resolution is passed with a motion that has a staff condition on Jr, there is no way for us to track whether that resolution is valid a year from now, or two years from now, because there will not be a part of the official record of the Town showing whether the condition was complied with or not. So, if the conditional approval is granted rather than adopting the resolution, I would ask the Council to just do a motion that says the name change will be approved if those conditions are met. When those conditions are met, we can present it to the Council on Consent Agenda with the adoption of the resolution, rather than attaching the resolution at a later date. Sherry Millner: I was very confused by this blue sheet, myself, trying to figure out what it was actually saying. So, eleven business owners affected have been contacted, six have said they don't oppose it and five have said they do, correct? Dave After: That is not correct. The first time this was before the Mayor and Council, there were nine tenants and we notified all nine and at that time there were five in favor and four opposed but they still wanted this agreement. After that, Mr. Winburn sent a letter offering to cover all of their associated expenses with the name change. They have not responded to Costco. According to Mr. Winburn, he has not heard from any of them. When this was presented to go on the agenda, we re-contacted the tenants out there and found that there was one that Mr. Winburn had not contacted with his offer letter. All of the tenants have been notified by staff and Mr. Winburn notified ten of them. These are the only two responses we have gotten. Mike Reuwsaat: Maybe I read this wrong, too. We have only gotten two letters, but it also says six property owners indicated they are not opposed to name change. Is that the most current score card? I think we are trying to figure out who is on first right now. · MINUYES' OF REGULAR CO UNCIL MEETING .MARANA TOWN COUNCIL · APRIL 21, 1998 .'. . Dave After: I'm sorry, That six is from the last time. At that time, there were six that had opted to go along with this, providing all of their expenses were covered. Mike Reuwsaat: So, in the most recent attempt by our staff and by their staff, we only have two responses out of eleven. Ed Honea: From what I can gather, out of the eleven, six have said they don't care as long as they are reimbursed for their changes, two said no, one was not notified and said no, as well. So, six have said yes and three have said no. You have three letters of protest and one of those was not notified at all. Mike Reuwsaat: No, my understanding is that was considered the first time. They have since gone back and asked for response. Now we have two responses, one for and one against and nine did not vote. Our position is pretty tentative right now. Ed Honea: From someone who works at the Post Office, I can tell you changing the name of a street can be a nightmare. I deal with it all of the time. Costco has made an offer to take care of people's expenses if they have to change them. I guess that includes setting it up for Yellow Pages. Vice Mayor Sutton: Only if it does not come out with the new issue of the book. Ed Honea: If we said O.K. now, how long would it take for these businesses that advertise in the Yellow Pages, which is a pretty good expense, to have that change made? (August) So, if they actually made the changes now and called and said, "Change my address from Pdce Club Drive to Costco Drive," could that be done prior to the book coming out? Vice Mayor Sutton: That is the problem, they must time it to where the street name is changed in conjunction with the book coming out so when the new book hits the streets it has the right address. If you do it in May or June then you have a two month time where when people look in the phone book they have the wrong address and that is a significant impact. I work there and when we make an address mistake, it is quite expensive for us to make up for that. It is going to be a matter of timing. If their street name is going to change, I suggest they do it in August when the new phone book comes out. Have the street ready to go or let everybody know that the new book is coming out. I don't know how quickly these things are done but if it is after August, then there is still a couple of months of lag time with the wrong address. So, if it can be coordinated, it needs to be done when the phone books come out. Ed Honea: Is it too late to hit this book? Vice Mayor Sutton: No, they have until the third week in May. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL APRIL 21, 1998 Ed Honea: That was one of the expenses, if there were any changes that would be covered. I am assuming that if people have to throw away letter head stock and have to replace it, that would be replaced, as well as business cards, any expenses relating to any office products or data bases, Internet, etc. It is kind of ambiguous. It is just kind of a statement, "We'll take care of it." If a business comes in with a twenty thousand dollar bill for changing their address, I am sure nobody is going to take care of it. It doesn't seem like there are any parameters to this, like "We will do this, this and this," with some type of limitations on it. Dave After: If I may invite Mr. Winbum up here, he told me this afternoon that he discussed that with the tenants and he arrived at a figure based on the sum total of everybody's requirements and his corporate office agreed to cover the expenses. Mayor Harm I wonder if we should do what Mr. Hochuli suggested and say, "We don't have any objections but you need to come back to us with agreements from these businesses, some kind of written agreement. When you come back to us and say that a certain amount of these business agree to this, with some kind of written agreement of what you will do for them, we will do a resolution and change the name but we would make that premise on the fact that you would come back to us with agreements with those businesses. Vice Mayor Suffon: The applicant would probably like to address the Council and tell us what he has found out. And, I have a question for the applicant so I would ask him to come up. Joel Winburn, 11807 E. Wagon Trail Road: I have heard some of the issues that have been brought up tonight and at the past Council meeting in September. I think concern as to what was reasonable was the issue. J personally went and sat down and contacted each of the tenants and the properties. I asked for a detailed listing of what they felt they needed to be reimbursed for associated with the changes of the name of the street. I accumulated all of this information and sent it off to Mulvanney Partnerships, who works with our corporate offices. That sum total figure came to about $30,000. I got a written approval Jn January that that was fine and to proceed with the street name change. I in-turn typed up a letter and sent it out to all of the tenants saying that based on the cost estimates given by them we will reimburse them for those costs associated with changing the name and work closely with the Town of Marana and the tenants to make this as pain free as possible. I told them if they had any issues, concerns or comments to contact me. To date, I haven't heard word from anybody and that was mailed out the week of February 8th, I believe. I know there is concern, but I also share the concern with Council Member Sutton about the time frames with the phone book, that is why it is kind of critical. Each of the tenants has to submit that request for the change of address themselves and they have to submit that to the directory, That has to be in by the third week in May, even though the phone book does not come out until August. I am looking for some sort of approval from you as a group so that it can be ·" .· MINUTES OF REGULAR COUNCIL MEETING· MARANA TOWN COUNCIL APRIL 21, 1998 authorized and each of the tenants can submit that to the phone book company. I want the street name change to coincide with the directories coming out into the market place. I think that is fair and it is the right thing to do. Something with the way they operate, they need some sort of notification of official nature from you saying that this is going to happen. That is where we are right now. I am a little disappointed that I haven't heard from anybody, specifically. Vice Mayor Sutton: Is Scott Ratkey here? (no reply) I didn't think so. I know Scott personally and he is in here. These are easily addressed but my biggest concern is not the reimbursement because I know your corporation has been stand-up in the community and I know you will foot the bill for whatever is necessary. My problem is changing it to Costco Ddve, because what if Sam's Club buys Costco and then it is Samco? That is a big issue. I also think, if we name it Marana Park Drive, or something, are you still liable to pay for the printing change? I understand the issue with it being an old business name. It is not real productive having the name Costco and the name Price Club opposing each other on the street sign and on the business. What assurance do we have that it won't come back before us again when it is a new name. It is the day of mergers and the bigger company eats the smaller one and then there is another name change down the road. Joel Winburn: The only thing I can tell you is that we are a $25,000,000,000 company per year in sales and I don't see us being consumed or bought out by anybody. We are a very large company. The President and CEO started it and he is a very stubborn individual and very driven. I think he intends to keep it Costco for as long as he possibly can. Vice Mayor Sutton: I understand that, but there were two pretty large banks that probably thought the same thing, themselves. Joel Winburn: Absolutely, I can't stand up here and give you assurances on that, Nine years ago, somebody in the County decided to name it Price Club Drive, for whatever reason. Just as the tenants are concerned about identification and address identification, we are too. We talked briefly in September about this and I know it is difficult for everybody sometimes to change the monocular terms they use, but we are Costco and that is our company name. Just like there is no longer a First Interstate, it is Wells Fargo, and so on. So, those things are kind of important at the same time, as it would be for any of the other businesses. If it had been Country Companies Boulevard and All State Insurance buys them out, whatever the situation may be, there is some identification issues here. I can't sit here and make guarantees or assurances, I don't think anybody can do that specifically. I know the situation with our original merger, Price Club and Costco, was a marriage, more or less. From people who had started at Price Club and started Costco on their own, there was some allegiance there. Sam's Club or WaIMart is not perceived in that same light, from our perception, as a competitor. Our intent is to be a dominant warehouse retailer and continue that trend but I can not stand here and make an assurance that it is not going to. Whether you change the name to Marana 9 ' . MINUTES OF. REGULAR COUNCIL ·MEETING · ' · MARANA TOWN COUNCI'L · ' ' APRIL 21, 1998 Parkway and we foot the bill, I can't answer that question for you. That may be something that needs to be considered, I don't know. We are here to take care of the expense factor if the name change goes to Costco Drive and Costco Place for those tenants. I want to do it in a timely fashion and ~ want to do it faidy and painlessly for everybody. Without hearing any other rejections with the last letter I sent out, I thought we addressed all of the concerns that the tenants had. Vice Mayor Sutton: I think what Council Member Millner was referring to, although I believe we are the only book in Town that people base all of their timing on, is there is another directory in Town that has a different distribution. It comes out in January. I don't know if much thought is being put into that or if everyone is concentrating on the book that comes out in August. The other directory will be wrong for five months and I think that should be raised by someone. I talked to some of the tenants and they said that most of them got your letter and by not responding, in a way, they are saying they are O.K. with it and they got the letter saying you are going to pay the amount they told you it was going to take. I guess it is neutral, "Change it if you have to and pay me the money I need to change my business cards and letter head." lcd Honea: Did you send the letter certified or something? Joel Winburn: US mail. Ed Honea: So, there is no verification that they actually got them. You said you talked to all eleven current tenants? Joel Winburn: There is one tenant that I did not speak with and I think that is Red Sun Accounting. Ed Honea: Did each one of the other ten give you some sort of itemized list? Joel Winburn: Yes, they did. Ed Honea: Could you make that available to our staff? (yes) If all of these people gave you a list and said, "If you will take care of these expenses for me, I am happy," I don't have a problem with changing it. I agree with the Vice Mayor, though, it really does present some problems. I don't care if you are on the Internet, a database, you have 100,000 envelopes with your companies address stamped on them, etc. there are a lot of things involved in changing an address that can be difficult. Is this a unique situation just because it is Price Club Drive? Because there are other Costcos in the area, so is this just because it infers to an old business? Joel Winburn: Yes, I would agree with that. lO · MINUTES OF REGU'LAiR COUNCIL MEETING MARANA Town COUNCIL APRIL 21, 1998 Ed Honea: We might want to do what the Vice Mayor said and change it to Marana Parkway Road or something, so when the businesses change it will not be inconsistent. Hurvie Davis: Always looking at it from a traffic and motorist point of view, Costco is the major traffic generator back there on Price Club Drive and will probably always remain so. Petsmart is back there also but it doesn't even generate the traffic that Costco does. I think for the use of the motoring public, the concept has some merit. Naming it Costco Drive will help guide people new in the community. By having the street named after the major traffic generator, it does lend some credence to that for the motoring public. Just like you see stadiums having Stadium Way leading into their facility. It facilitates the traffic getting to and from the major traffic generator. Mike Reuwsaat: Can we word the motion so that Jt sates that at least eight out of the eleven written responses should be available before the resolution is brought back to Council? He has talked to ten tenants out of eleven and all ten of them have given him a budget. There is some question that it is going to be acceptable. They are a major generator and a major tax payer in this community. When I was reading this I wasn't sure where you were on this, in terms of contacting everyone. If you have done that, I would like to have it put in writing, including the Town of Marana's cost for putting in the signs and such as the twelfth tenant. Our costs should be reimbursed for changing those signs also. The appropriate costs. Dan Hochuli: I am a positive thinker and I was thinking along the lines of: I move for the adoption of Resolution No. 98-34 and direct staff to submit this resolution to the Council for reconsideration at our next meeting if staff does not receive the assurances requested. What I have done here is adopted the resolution tonight but included direction to staff that if you don't get these things within the next week or so, bring it back to us and we will undo the resolution. A motion was made by Mike Reuwsaat, seconded by Vice Mayor Sutton, to adopt Resolution No. 98-34 and direct staff to submit this item to the Council for reconsideration at the next Council meeting if staff does not receive at least 8 written responses by business owners listing their costs and written acceptance by Costco of those budgets. Dan Hochuli: There is another consideration that came up, Mr. Davis just mentioned it to me. Is it the intent of the Council that this resolution would take effect thirty days from now, or would the Council like to add an effective date to the resolution that is further in the future so that printing can be done or maybe even so they can coincide with the release of the Dex Book. The motion was amended by Mike Reuwsaat, the amendment was agreed to by Vice Mayor Sutton, to have an effective date of August 1st. Dan Hochuli will prepare a new resolution. 11 MINUTES OF .REGULAR COUNCIL MEETING · MARACA TOWN COUNCIL APRIL 21, 1998 Joel Winburn: My only question is, are those cost sheets that I already have viable or would you like me to get new data? Mayor Harm What the Council is suggesting is that they want to see that the companies accept your proposal on the cost sheets. Vice Mayor Sutton: The current cost sheets are fine. Mayor Harm Even if it is just a note typed on to the cost sheet or whatever, we just want to see that this is acceptable to those business people. The amended motion carried 6/0. C. 1998 Marana Hi,qh School Summer Arts Project Proposal - A Request for $3400 to Fund Approximately l0 Students and an Art Teacher for Six Weeks; Researching, Planning and Executing Murals throughout the Marana Park Sally Jackson, 7079 West Hunnington Drive: I am the art teacher at Marana High School and these are some of my students: Britt Peterson, Chad Lanier, Danny Fairfield, Sam Gilmore and Katie Fonseca. We are here to talk to you about the possibility of painting murals on some of the park buildings. We have been over there and it looks great. We have pretty much decided that a little color and jazzing it up a little bit would be a neat thing. We realize that this is a big undertaking and a big responsibility since you have spent so much money on the park. We brought some work that some of the kids have done to show you the quality of work that our students can do in hopes that you will trust us, work with us and allow us to paint murals on some of the park buildings, maybe starting with the pool. There is a project board that shows pictures of the pool area and it is used for planning so the kids can look at it and see the space available. One of the things we are thinking about is going downtown to the museums, look at some of the murals downtown and really make a big deal about sitting, planning and working with the park district group on what they would like and getting approval based on what the people interested in this project would like. Mayor Harn: I think I speak for the Council when I say that this Council has always had an interest in the young people in our community and encouraging their art abilities, and other abilities in working with the community. I think one of the concerns of the Council is to make sure that the Council and the staff know what is going up before it goes up. We would like to have you come back before the Council with some description of what you are going to do so it can be approved before it goes up. Sherry Millner: I think it should go before the Park Committee, as well. A motion was made by Mike Reuwsaat, seconded by Sherry Millner, to approve the Marana Summer Arts Project subject to review and approval by the Parks Advisory Committee and the Marana Town Council of the final ]2 .. · .'MINUTES.OF'REGULAR COUNCIL MEETING ' MARANA TOWN COUNCIL ' ' APRlL 21, 1998 murals to be placed with a budget not to exceed $3,400 from the 1997 contingency fund. Motion carried 6/0. Mayor Ham: Ms. Jackson, would you please leave us the one piece so we can put it up and let people look at it. We will return it to you if you would like to have it back. I think it would pay for the Council to go over to the Marana High School and see some of the art work that this group has done in their high school library and other places around the high school. D. Resolution No. 98-37; Gallery Golf Course Resort Clubhouse and Restaurant - Request for Approval of a Development Agreement Plan for a Golf Course Clubhouse and Restaurant Located North of Dove Mountain Boulevard in the Southeast ¼ of the Southeast % of Section 23 and the Southwest % of Section 24, Township 11 south, Range 12 East. Applicant is Palo Verde Partners, 5141 N. 40th St, #200, Phoenix, AZ 85018 Hurvie Davis: Briefly, I think this is an item that could have been on the consent agenda. This is a development plan that calls for the approval of a golf course, a club house and a restaurant located up in the Dove Mountain project. The development plan complies with the Town development requirements and the Dove Mountain specific plan. Staff recommends that the development plan be approved subject to the two conditions that are outlined in the blue sheet. With that, I will turn it over to Mr. Flannery. Jerry Flannery: Unless the Council wants me to go into more detail than what Mr. Davis has already described, I have nothing further to add. Vice Mayor Sutton: Some of us have been working on this, and I thought it was going to be on consent agenda, as well. A motion was made by Vice Mayor Sutton, seconded by Ed Honea, to approve Resolution No. 98-37. Motion carried 6/0. Mayor Harn: I think the only reason it was not put on the consent agenda is that it would have been the only item on the consent agenda. E. Resolution No. 98-38 - Adoption of Development Agreement between the Town of Marana and Best Associates II, LLC for the Saguaro Springs Development Hurvie Davis: Last year you approved the rezoning of 652 acres of property for Best Associates known as Saguaro Springs. One of the conditions of that rezoning was that we enter into a development agreement. The development agreement will provide a mechanism where the developer is responsible for a fee of $1,000 per residential structure to be used for improvement of off-site transportation and it will allow the developer to form a community facilities district. At the time that the Council required the $1,000 per unit, which was voluntarily accepted by Saguaro Spdngs, Best Associates, we were looking at having something that would off-set it. 13 MI'NUTES OF REGULAR COUNCIL MEETING · M'ARANA TOWN COUNCIL APRIL 21, 1998 Recently you approved the 1% increase in sa~es tax for construction, which will off-set this $1,000 per residential structure. However, as I recall, the average price of the homes will be $155,000, and that will bring in $1,550 per structure, on the average. Now, if any of those homes are under $100,000 then it doesn't make up the $1,000 per unit. But, perhaps the Council would be content to have the sales tax apply to meet that condition because it is in keeping with if a person buys an $80,000 the 1% is only $800, whereas if a person buys a $200,000 home then it is $2,000. If you buy a smaller home, you don't have to pay the same as you do for a more expensive home. Basically, we brought this development agreement back before you this evening and staff recommends that you approve it subject to any modifications that you may make this evening. Ed Honea: Hurvie, the average that we are looking at is going to be more than $1,000 on the homes anyway, there may be some that are less and some that are more, but basically that is what this change does, correct? Hurvie Davis: Yes, sir. I believe it may read that if they get a permit and the sales tax does not meet $1,000, they have to make up the difference. Mr. Hochuli may be able to help me out on that if I am mistaken. Ed Honea: So, if the 1% sales tax does not reach $1,000, then it will actually bring it up to $1,000. I thought that was how it was, I wanted to be sure. Hurvie Davis: I think we want the assurance in there that we still have fall back for that the $1,000 house in case something happens to that 1% sales tax, like it gets challenged and voided. Mike Reuwsaat: Is there anyone in the audience, besides the applicant, to speak to the issue? David Bittel, Plant Manager, Arizona Portland Cement, 3520 East Hampton: I spoke to the Council about a year ago on the same issues that I am going to try to raise again tonight. We did not actually see that this was on the Council agenda until late Friday so we did not have a lot of time to look at it. I did read through it. As a land owner, I am not really adjacent to this development, I actually go right through the middle of it with my quarry road, I still have two major concerns. One concern is addressed in the development agreement so ~ felt like ~ needed to get these other two concerns in, if I can. We talked the last time on March 4, 1997 and our concerns are the same and we feel we should be addressed in the development agreement between the Town and the developers. We feel that this development agreement is the appropriate place to address these concerns because in the packet we got late Friday, Marana Ordinance 97.04 pages 2 and 3, there is concern raised with traffic at our quarry road and Twin Peaks Road and Lambert Lane. They call it a traffic impact analysis and they talk about discussing and doing a study on safety issues at these crossings. Our other two concerns are not addressed, and they really should be in this development agreement. We would urge you to postpone 14 MINUTES OFREGULAR COUNCIL MEET[NG. · ' MARANA TOWN COUNCIL APRIL 21, 1998 ' your vote on this development agreement for a couple of weeks so we can work with your planners and developers to make sure that our other two main concerns are included in this agreement. These concerns are addressed again in the letter dated February 3, 1997 to Hurvie Davis in that packet I gave you. We feel we can alleviate a lot of problems if our new neighbors in this development know up front that they are locating next to a real working mine that operates twenty four hours a day, three hundred sixty five days a year. The language that we propose needs to be in 1) the conveyance, conditions and restrictions 2) the State of Arizona Real Estate Department's Subdivision Public Reports and 3) the deeds to the subdivided lots so not just the first people that buy these homes will know that they Jive next to an existing mine, but also the second, third and fourth people that buy the homes down the line. I have given you a letter to APC attorney, Steven Hursh, in that packet and the developer at the time agreed to some similar language in there so I have included that language. Hopefully, we can all agree that some ~anguage is needed and it is just a matter of the content of the language and where the developers are going to be required to publish the language. Our second main concern deals with how the developers will handle the noise problems concerning our quarry road. Also included in the packet, I have given you two staff reports that touch on the noise issue, page 2, item 1 on the first one. If I may, it says, "Planning Staff: Staff has the following comments to add after a thorough analysis. 1) Proposed manufactured home development on the west side of the quarry road, immediately adjacent to the conveyer system, will be impacted by continuous noise from the conveyor. More information is needed regarding the proposed method of buffering and/or sound proofing - width of the buffer, proposed sound wall, landscaping, etc. - to protect the adjoining residents. 2) More information is needed on proposed methods of visually buffering both sides of the quarry road from proposed development." Those are the two issues and they kind of hit at the heart of what we were talking about and the language. There is nothing in the development agreement that even talks about it, other than the safety issues at the road crossing. Nobody has talked to us about our concerns. We talked to the developers early on but we never really came to any final agreement, that I know of. There was a noise study done early on but it only dealt with the conveyor belt noise. To me, that is not the worst case noise. The worst case is when I have two 100 ton trucks coming down the road at the same time and they meet. To me, that is going to be the highest noise level and that could be at 3:00 AM. Those issues are not being looked at and should be studied. We also asked for fifty foot set backs and an eleven foot noise barrier. I think the developer is still looking at 25 foot set backs and an 8 foot noise barrier and we would like to see it a little farther back and a little higher. In closing, I would like to say, if we are going to build something, let's do it right the first time. Let's let our neighbors know up front that they are locating next to a twenty four hour a day operating mine. I would ask that you delay this vote so we can work together and get the existing land owners concerned, APO, addressed in this development agreement. Ed Honea: I just want to have Mr. Burr or Mr. Sherwood, or someone, address those two issues so we can get some answers before we start asking questions. 15 · MIN UTES O]~'.REGUL~R'COUNCIL'MEETING M~RANA TOWN.COUNCIL APRIL 21, [998 Tom Barr: In our original ordinance, we had worked through these issues and the signed ordinance does address the buffers. I think we have the issues covered. You may want to revisit the ordinance and review it, but I think we covered all of these issues at the time of approval of zoning last March. Ed Honea: I think that was the point I wanted to make. I understand Mr. Bittel's concern but we addressed those earlier in the ordinance, not necessarily in the development agreement. The ordinance itself has set backs, buffer requirements, wall requirements, etc. in it. I believe the golf course is being built down one side to buffer housing and things of that nature. I think most of these issues have already been addressed and are in the ordinance that approved the zoning. Tom Barr: Correct. It is a separate document and we did address all of this at the time of our zoning. We are putting in a three foot earthen berm and five foot masonry walls along the link of Quarry Road, set back from the property. It is stated very clearly in the ordinance. At that time we did a decimal study and figured out what was the right distance and elevation. I thought everything was fine. Vice Mayor Sutton: Just for clarification, Hurvie, is it in the development agreement that we are going to wave the $1,000 because of the new 1% thing that we passed or does that need to be made a condition of the motion? Hurvie Davis: I would ask Mr. Hochuli to help me out since he and the attorneys of Best Associates were the major architects of this and so forth. As I recall from reading it previously, I don't think it is clearly stated in there of what to do with that house that is under $100,000. Vice Mayor Sutton: My concern is that we are not going to charge them $1,000 plus the 1%. Hurvie Davis: No, I think that is clearly stated in there. Tom Bart: It is a minimum of $1,000, that is what we understand. So, if we had a manufactured home that sold for $90,000, the home buyer would pay the addition of the short fall so it would be a minimum of $1,000. This is very clear, I think Mr. Hochuli and our attorney, Mr. Coen, worked through that. Herb Kal: I have some questions concerning the resolution, as far as the community's facilities distdct - basically the finance and public infrastructure. Do you have any rough numbers of what the sewer system and water system will be for this project? Tom Barr: In our original plan, there was a booklet that was given to each of the Council Members which broke down those costs. Since then we have · 'MINUTES OF REGULAR COUNCIL MEETING: ' ·. · ' MA RANA TOWN COUNCIL APRIl 21 1998 been able to do quite a bit more engineering and it appears that those costs have come down some. At that time, it was eight million three, I believe, and it looks like it is seven million five. This is for the cost of all the infrastructure - water, sewer, the spine road and the utilities delivered to the super pads (the land that is away from the golf course). Herb Kal: Would there be possibilities for adjoining home owners, in Happy Acres area, to join your district for some of the facilities use? Tom Barr: It occurred to us that the Town would want to upgrade their water system at some point. That makes sense, because if I understand it correctly, some of that material that was used and the way it was developed could be improved. There is a possibility for them to get on the sewer system. I think it would be a very expensive thing for them to do. Herb Kal: So that would drive up the cost of your district all together then. Tom Barr: I don't think it would affect us because I don't think we would be putting that together. We would not be delivering sewers to Happy Acres. Herb Kal: But, could they participate in that district? Tom Barr: No. That is not anticipated within the community's facilities district. Dan Hochuli: I would like to comment on something raised by the speaker from the public. I am aware of the conditions that came about at the time the ordinance was adopted, it is not typical that we would include those. They can be included in a development agreement but normally where those restrictions will apply, where we will codify those and clarify the details and set those forth, would be in the plat. I would remind the Council and the public that this matter will come before the Planning Commission and Council for approval of the preliminary plat for the subdivision and approval of the final plat. A number of those conditions, if not all of them, will be worked out in detail in the plat. I think the best time to bring those forward and codify those would be at the time of the plat. Just to clarify on the infrastructure that Council Member Kal talked about, the development agreement makes it plain that with or without the CFD the developer will provide the infrastructure. The developer provides the infrastructure and the CFD is a financing option that the development agreement gives but the developer may choose not to use the CFD and the development agreement says that is fine with the Town but somebody is going to pay for it and then dedicate that infrastructure over to the Town upon completion. Herb Kal: As I understand it, the deed restriction that Portland Cement was requesting can be done later, is that correct? Tom Barr: Yes, we can include the requirement of deed restrictions as a plat term. 17 MINUTES 'OF REGULAR COUNCIL MEETING MA'RANA TOWN COUNCIL APRIL 21, 1998 Herb Kal: think that is very important. I don't think Arizona Portland is asking for anything that is out of the ordinary. It is just like a development that goes in around an airport, before you know it everyone starts hollering about airport noises. Well, if everyone is aware of Quarry Road and the traffic up and down, hopefully it won't be a problem that Portland will have to face later on. Tom Barr: It should be a lot safer, I would think, because there are a lot of private parties that use Quarry Road on a daily basis and I think they will move over to our spine road since it will be a four lane improved road, where Quarry Road often has dust that has not been treated properly. Ed Honea: I think Best Associates has always been forth coming with the Town. In my eleven years on the Council, they have been the easiest people I have ever worked with as far as agreeing to do things to better the community around them and work with people. It has really been a pleasure to work with them. I don't see them doing anything to be detrimental to their business because this is not going to be their last development and they are going to want to move forward, as well. A motion was made by Ed Honea, seconded by Mike Reuwsaat, to adopt Resolution 98-38, approving the development agreement between the Town of Marana and Best Associates II, LLC for the Saguaro Springs development. Motion carried 8/0. F. Resolution No. 98-36 - Appointment of John Soper and Marsha Johnson to the Board of Directors of the RedHawk Canyon Community Facilities District No. 1 and No. 2 to Replace Larry Schone and Mary Athey A motion was made by Vice Mayor Sutton, seconded by Herb Kal, to approve Resolution No. 98-36. Motion carried 6/0. G. Moratorium on Additional Water Connections Request for a Moratorium on Additional Connections at the Picture Rocks Water System of the Marana Municipal Water System Inside and Outside the Certificate of Convenience and Necessity Area. Discussion/Action Brad DeSpain: I will try to be brief and bring you up to the point that we are at and why we are asking for this. Then, hopefully the opportunity will occur for the individuals that are affected to speak to it also. The Picture Rocks system is down in the Silverbell/InaANade Road area. The map that is in your packet explains part of the problem that we incurred. If you would, look at the lower part of your map, under where it says 7200 North, and go down to Old Yuma Mine Road. When we had the appraisal done by Malcolm Pumey they said that that part, quarter section 3, was in that certificate of convenience and necessity. We did not doubt that until we started getting several requests that there be water served in that area and we took from the Council's direction that we would provide service to those individuals that were within the certificate of convenience and necessity that we obtained from Marana Water Service, Inc. We have been doing that. But in that 18 M IN UTES. OF REG UI;AR. COUNCIL MEETING . .. MARANA TOWN couNCIL APRIL 21, 1998 process we ran across some maps that showed it in and some maps that showed it out. We thought it would be best to get an engineer's drawing to determine, by the legal description we obtained from the Corporation Commission, whether it was in or out. Well, it is out. In that process two gentlemen, Mr. Morris and Mr. Curtis, came to us and wanted to know about service to that area for lots and homes that they want to build there. We qualified the statement with them that they could proceed and they would have to get a design whereby they would hook onto the pressure system at the Wade Road/Picture Rocks Road site so we would not be in the same position we are in with many of those customers there. They have water service but only the top four feet of the tank, by gravity, provides them pressure. In that process they have done some design and they have done some work with Collins Pina, our consultant engineers, to get a new eight inch line with a fire hydrant installation in that area so they could serve those homes. The system that we have at Picture Rocks consists of one well down on Old Silverbell Road, near the elementary school, which pumps into an eight inch line that goes up Silverbell Road to Cortaro Farms Road, from Cortaro Farms Road up to Ina Road, from Ina Road to Wade Road and up to the Picture Rocks storage tank (the big green storage tank there at Picture Rocks Road/Old Yuma Mine Road/Wade Road). In that process, they started to build the system and determined that they could serve people off of that line as it went up to that tank. There is a pressure tank at the well site that maintains from 75-95 pounds of pressure. That helps serve those people but it also provides pressure to push it up into the storage tank. People developed in the area as you go up Ina Road west of Wade Road and you run into Harold Drive. Some of those people that live on Harold Drive have an elevation as high as the storage tank itself but they are served off of that gravity pressure system as it goes up to the storage tank. Currently we have one hundred four customers and thirty four of those customers are served off of the first four feet of that twenty four foot tall tank. That gives them about 17,000 gallons of water until they are out of pressure. We have thirty six customers that are served off of the additional twenty feet of that twenty four foot high tank. There are thirty four customers that are served off of the pressure line. Part of our problem is that any new additions that we put on that system will affect those thirty four customers that are on the top four feet of the pressure portion of that storage tank, it does not come off of the pressure line. As new demand occurs, those individuals will run out of pressure, or water, quicker than any of the others on the system. In learning that, and that it is outside of the service area for the certificate of convenience and necessity that we purchased from Marana Water Service, Inc., we thought we ought to come to the Council and get some direction and some approval as to how we should handle those situation. We are working with a consultant engineer, Collins Pina, on some solutions and hopefully in a few days we can get back to you with some solutions as to how that can be alleviated fairly inexpensively. We are going to be under on our intertie with Cortaro Marana Irrigation and the Honea system so we will have sufficient funds there to do the improvement that we think we can come back to you with on the Picture Rocks system. 19 MINUTES OF REGULAR COUNCIL MEETING · MARANA TOWN COUNCIL .' · · APRIL 21, 1998 Herb Kal: How many more customers could you serve in that area if we do the upgrades? Brad DeSpain: If we do the upgrades where we could put everybody on pressure, we could end up serving 272 homes and we have 104 now. Mayor Ham: What do you feel is the time line for the improvements on the system? Brad DeSpain: I could address that better on Friday, this week, when we get the numbers together, determine the footage involved, the type of soils and the cost of that extension. I am not excited about doing construction work during the summer time because of heat. There is a chance of breaking lines and people being out of water. But, if that were the Council's direction, we could probably have things done by September or October. My recommendation would be to start in September and have it done by December. Mayor Harn: In other words, should we cut off their water in the middle of the summer, we are going to get obscene phone calls. Herb Kal: Do we have enough capacity on Silverbell Road well down by the school to service this service area? Brad DeSpain: Yes sir, we do. That well is only pumping at one hundred and fifty gallons per minute but the logs and so forth show that it could pump three hundred gallons per minute. A pump change would need to occur but the way it sets right now, if all of the hundred thousand gallon storage could be utilized as pressure, we could serve 272 homes. Vice Mayor Sutton: I have some comments but I would like to hear from the members of the public first. Dale Curtis, 5011 West Paseo Estrellas: ~ bought twenty acres inside this group and prior to purchasing we talked to Mr. DeSpain about whether it would be inside the CC&N and be able to service us with hard water. We would have bought the property one way or the other, but based on the erroneous map that he was using at the time we committed to an engineer and spent several thousand dollars in engineering and surveying to get this water line in. This process started in November. Of my 20 acres, in which there are five lots, I own two, Mr. Neal owns two, and Charlie Morris owns two. And of those five lots, I am going to build on both of mine. I am going to build my house on one of them, live there for a couple of years, sell it and then build on the second one. Charlie Morris is going to build on his about a year from now. Tom Neal is going to sell both of his and I think they are both close to being sold. One of his buyers is not going to build for a couple of years, he is from Oregon. His other lot might be in the next six or eight months. I guess the Council has two problems, if you wait until December before you actually get a line in down Yuma Mine Road, all of us will have already committed to wells. There is another 10 acre lot with three 3.3 acre 20 MINUTES OF REGULAR COUNCIL MEETING '. MARANA TOWN COUNCH~ APR1L 21, 1998 lots just north of me which we a~so thought was inside the CC&N by the map. He is a~so up against a time line with the people that he sold his lots to. He only has until next month, he will have to drill a well. None of these people can build houses any sooner than about a year, between plan checks, construction and the rest of it. But, everybody is up against closing dates with their buyers and we have to decide whether we are going to go with wells or whether you will service us with water. What I am asking you for is some kind of commitment from you that we will be served with hard water, even if it is by December. December is safe enough for me, Mr. Neal will have to speak to whether it is safe enough for his two buyers. I can't get in there that quick, Mr. Morris can't get in that quick and But, if we stretch it out much longer, all of us are going to commit to we~ls and there won't be anybody in that group of sixty acres that was split up and now split up into 20-3,0 homes to serve. They will all be committed to wells and there won't be that many people on that side of the road to serve, so, it may defeat the purpose of any upgrades in the system that will help the problem that you have to the north anyway (the Iow pressure homes). I don't know if a~l of that make sense but, we are all at the cut off point where we need to either get a commitment from you that you will serve us and it will be in some sort of time line or we a~l need to convert to wells. Mike Reuwsaat: Can you wait for two weeks, until we bring this back to Council with staff recommendation? Dale Curtis: I certainly can. Mike Reuwsaat: We have been told that they will add the recommendation and I would just as soon wait the two weeks and take care of it. Brad DeSpain: I don't know that I committed to that. We would probably have to get an additional booster pump and some things such as that. Herb Kal: Are you in our service area or are you not? Dale Curtis: No, we are not. That was the problem in the map that Brad was using before we purchased. When we asked him if we were, he said we were but the map was wrong. We started this process in November and it was just a week ago that Collins Pina confirmed, which was the first that Brad had heard of it or that I had heard of it, that we were not in it. We are right on the border of it. Herb Kal: That could be another issue. The next question, Brad, would be do we want to expand our service area? What is the red tape involved in doing in that? Brad DeSpain: I would think that we would want to expand our service area. We certainly need customers. You people can determine what your service area is. My recommendation would be as it was prior to purchasing any of these, let's get them in the Town boundaries so they can't keep saying we don't have a say in what is going on. If they would be willing to 21 'MIN UTES .OF REGULAR ·COUNCIL MEETING · · · ' MARANA TOWN COUNCIL. ' · APRIL 21, 1998' annex, or s~gn a commitment that at the time it was to be annexed they would be in favor of it and help get it done, I think we ought to try to bring them in. Especially to get up to that 272 homes, which is the capability of our system. Ed Honea: All of these guys, these new lots, are on the upper level, served off of four feet, right? Brad DeSpain: Most of them will be lower than the whole tank so they wou~d be served off of the pressure system. They would pull away from that four feet when they turned their tap on if the pump couldn't keep up and keep that four feet filled. The people down on Harold Drive would be affected with the water pressure. Vice Mayor Sutton: Brad, if I could cladfy, within two weeks you will have an idea of what the budget amount is for what we are talking about and then we could try to give a commitment on when we could have that done. If we are under on a couple of projects and we might have some money, then we could say, "OK, we can commit to getting it done within the December time frame." Is that what we are waiting on? Brad DeSpain: Yes, sir. That is our intent. We would have those numbers together and would be able to show the tentative design and have the costs. Vice Mayor Sutton: Hopefully, we would have it in the agreement that if we do extend that then they would agree to annex into the Town. Before I will give that commitment, it will be in the agreement that they will be annexed into the Town of Marana. Brad DeSpain: That is my recommendation to you. Mike Reuwsaat: I am going to put a little twist in that. Can we go ahead and extend our service area and just have some little GL rates, we don't have to go through with an annexation? Brad DeSpain: That is my understanding, maybe Mr. Hochuli can cladfy. We are very similar to the City of Tucson, the Water Department is governed by the Council and you determine where you would like to serve. I think we can serve anywhere in Pima County, maybe even Pinal County if we choose. Mike Reuwsaat: I want to evaluate all annexations separately, just water. I don't want the issuance of water driving annexations. Brad DeSpain: I understand where you are coming from but, from my position, I want it to drive water because I want them in the Town boundaries. Tom Neal, 4111 North Sanders Road: I have to throw another twist into this thing. I appreciate the track that you are on. Mr. DeSpain and I are MIN UTES OF'REGULAR COUNCIL MEETIrNG MARANA TOWN COUNCIL Al'RIlL 21, 1998 neighbors in Avra Valley, so when you make a statement, your word is supposed to be good. I bought two of these lots, a 3.3 and a 4.3, from Mr. Curtis and at the time I was told that we would be able to get the hard water from Marana. After looking back at, everything we were told was the truth. What has happened to us is that everybody had bad information. The problem is that ~ stepped up and sold both of my lots and have them in Escrow, we closed one today. Part of the contract is that we are providing hard water from Marana Water District. Well, as of last week, that went by the way side and we made these commitments based on what we were told. I would urge the Council and the Water Department to do everything they can to expedite this. Back to the twenty acres, we probably spent $2,500 on engineering and we have committed to spend another $30,000 to bring this water line in to this twenty acre piece. There is a commitment out there but ~ want you to be aware that there have been other commitments made based on information that we got. Any help you can give us would be greatly appreciated. Vice Mayor Sutton: You said you closed one today. How did you close it knowing the information that you got last Friday about the map being wrong? Tom Neal: At the time that the disclosures were made, we based it on the information that we had at the time and the contract was still good. We put a liquidated damage clause in there that will come out of my pocket if this doesn't happen. Unfortunately, what that forces me to do is look at my legal options on decisions that were made based on the information we were given. That is what I am trying to not get involved in. I don't want to have to be pushed into that. I would like to see this thing resolved the way we all figured itwas going to be resolved in the first place. Mike Reuwsaat: I think Council has sent the message that we want Brad to come back and we want to extend service. I would like to finish that up two weeks from today, I just want to make sure they are not in the flood-way. Charles Morris, 7170 West Maple Ridge Drive: I really don't have anything to say other than, we are paying for our portion of the water {ine and also a pump, if need be, to get it to our homes. I did not know if that was dear. You are not out anything and then we are deeding it back to you. Mayor Harn: So, you are committed to the infrastructure going into your area. Brad DeSpain: They are committed to booster pump, they have to have a booster pump to get water into the eight inch main line and they are committed to that eight inch main line with fire hydrants. That was part of the discussion we had with them originally. A motion was made by Mike Reuwsaat, seconded by Vice Mayor Sutton, to continue this item to next Council meeting. Motion carried 6/0. 23 · MINUTES OF. REGULAR'COUNCIL MEETING · MARANA TOWN COUNCIL ... APRIL 21, 1998 H. Request for Additional Fundin.q - Marana Gateway Monument, TUcSon Pima Arts Council Project Jocelyn Entz: From the communication before you on this item, I hope you will remember this project that we started a couple of years ago. We have been given direction from the Manager to please get this finished right away. Mr. After and Mr. Flannery have been working very steadily on this for the last six weeks. We have the lease agreement for the property where this entry monument is going to be placed at the northern end of Marana. We are ready to go. Unfortunately, when we came before Council requesting funds previously, we did not have all of the proper information. All of the estimates that staff has researched and looked at where erroneous. We did not have the correct dimensions and it did not include the site work, The materials we have been looking at now will, hopefully, be graffiti free. They may cost a little bit more in the beginning but in the long run they will be better mateda{s. So, staff is asking Counci{ for a total of $15,000 to erect this monument sign and get it out of storage. We had previously asked for $4,500 in addition to the $2,500 that the Tucson Pima Arts Council had requested. So, basically we are asking for an additional $11,500 to get this monument erected soon. Mayor Ham: Has any of the Council seen this arts project? Vice Mayor Sutton: We have seen pictures. Mayor Harm My question is, if we put this money in, is it a worth while project? Mike Reuwsaat: Didn't we have the picture of the mural lying down pass through this Counci{? (yes) I thought our reaction was OK. I wou{d agree that I would not mind having the opportunity to go by and actually see it. I would say that we need to consider that we are going to have to double this because we have two of them. So, when we talk to PAG and so forth about these projects and when we take on these responsibilities, I think we need to do a little more engineering up front to see what our true costs are going to end up being. I think we have learned a lot in the last couple of years, But, we do have two of them so we are looking at the same cost again once the southern boundary one is ready. Ed Honea: I agree with Councilman Reuwsaat, we have been pouring money into this project. When it originally came to us, we anticipated spending $2,500 to get an art project done for an entry monument. Then, people came back and said, "We need $4,500 to put your $2,500 monument up." That is like a $50 stop sign and a $500 post to put it on, Well, now we need a $5,000 post to put the stop sign on. (t is like Counci{man Reuwsaat said, we are not talking about $15,000, we are talking about $30,000 because there are two of these signs in the back room of somebody's garage somewhere. They look pretty nice, I remember the picture, but we are talking about a lot of money for a couple of signs. Do we want to spend $30,000 on these two signs? This was a $2,500 project and now we are 24 MINUTES. OF REGULAR COUNCIL MEETING . MARANA TOWN COUNCIL APRIL 21, 1998 talking about $15,000 for half of it, just to put up a thing to put the sign on. ~ am assuming the other one will be exactly the same way. We are going to have a lot of money tied up in these things. Herb Kal: I concur with Councilman Honea. It seems like, to me, we need some type of identification on the northern end of town. I don't know if we want to start over from scratch and do another one, or whatever. But, possibly if we get this one up in northern Marana and it looks good then maybe we will do another one. If not, I say one is enough. It seems like we need some identification up there and hopefully this would do it for us. Of course, I hate to spend this much money either, I agree with you. Vice Mayor Sutton: Jocelyn how much money do we have into it right now? Jocelyn Entz: We have the cost of storage at approximately $60 a month at Continental Ranch Self Storage, where we have been storing these for approximately a year. I am not sure what the ramifications would be to the Town if we did not put these signs up since we had agreed with the Tucson Pima Arts Council to accept this project. I think we would have to check into any legal problems that might arise by not putting the signs up. Perhaps the Council would like to defer on your decision to spend or not spend money until we can find out what we really can do with these signs since we did have this obligation with the Arts Council to have them go ahead with the project. Mike Reuwsaat: I would like to muddy the water just a little bit. Was there any consideration of looking at the Federal Highway standards, as far as being able to physically read it from a distance given where we are going to place it? How big are the letters, are they too small to whip by and read it? If the quality is there and the visibility is such that you can read it going down the highway, then go ahead and do it. But, if the visibility is not there, there are other options. There are other entrances to the Town of Marana or places that I think those would be acceptable on. My biggest concern wou{d be the abi[ity to read it so that we get the intent of the sign. Jocelyn Entz: I would defer to Mr. Atler on the visibility, the size of the sign and the lettering. There were some constraints placed on each of the signs. One because the sign that we intend to put up in northern Marana, on Councilman Kai's property, was done under the hospice of HURP funding so there were some different constraints as to where we could put the sign, as opposed to the second sign we proposed to put at the southern boundary, which was constructed with iced tea funds. There were a few more constraints put on that sign because of the fact that it had to be near the ADOT dght of way and there were some visibility restrictions on that. As far as the size of the sign and the size of the lettering on the sign and the visibility and readability to motorists, I am not sure. It was my understanding that when the Arts Council began this project they had covered all of those bases to make sure the sign was proper to that respect. As far as the actual placement, the two signs are going to have different standards. 25 MINUTES OE REG:ULAR COUNCIL.MEETING MARANA TOWN'COUNCIL. APRIL 21, 19~)8 Mayor Harn: One of the things that might happen in this, and is of consideration, is we have already drawn some criticism from the PAG Regional Council in the fact that we have asked for these projects and now we are ta~king about moving one of these projects. It is kind of like one of those things you stick your foot in and it costs you to get it out. Hurvie Davis: ~ would submit to you that if we had known all of the costs going in, probably we would be looking at the same costs. We did not know those costs going in. It is like in construction, we bid Iow and then we change order you to death. I think the amount would have been the same but the problem is these things come to us with the last minute. We don't have time to do a real thorough analysis, you press to make a decision real quickly and so forth. Perhaps we have spent enough money already to go ahead and proceed to get this in. As far as visibility at 75mph, you better not blink or you will miss it. A motion was made by Vice Mayor Sutton, seconded by Mike Reuwsaat, to approve the Marana Gateway Monument additional funding. Motion carried 5/1. Ed Honea voted no. Mayor Harn: I have been thinking about the artwork we want to move down at the Circle K. Some of you might be aware that just south of the Circle K we started putting some large boulders in and we are going to do some landscaping in there because of the trucks. The boulders are there and we have never really finished that and put in any kind of plants or anything. I think there is a way to move those art projects from the corner over to that piece of property. If we kind of set one of those art projects on the back of the property and put some cactus around them and so forth, we could make that a little more workable. If we build up the dirt dght on the corner toward the Circle K, we could put the sign on it and it might look presentable. Then put some cactus landscaping around it. Ed Honea: The Council never took any action on this, we just gave direction to study what the costs would be to move it. Mike Hein: I think in this year's budget process you will be pleased in that meeting with the CRAG staff at Public Works, they have proposed a budget line item to do exactly what the Mayor is talking about. This will involve dressing up the area, extending or widening the area, setting up a buffer so we don't have truck problems, etc. Mayor Ham: I realize, Councilman Honea, that there has not been an action by the Council to do that. I was just requesting the Council to look at that area to see if that would be an acceptable option. Ed Honea: I am honestly not sure there is even a majority that would suppor[ moving those objects. If we are going to consider doing it then we should probably put it on the agenda and talk about doing it. If there is not at least a majority of this Council that would support moving the objects then · ··MINUTES OF REGULAR COUNCIL MEETING MAPd-'kNA TOWN COUNCIL · ·APRfL 21, 1998. not even worry about it. I do not support moving the objects. One Of the reasons is that it was built by young people in our community and there was a grand opening to put them out there. I was out there for the grand opening and saw how proud those young people were of that project. I am not going to support moving it. I don't know that we should be talking about, especially poking fun at it, because those people did the very best job they could for our community. If we are going to discuss it, it should be on the agenda and if we have a majority that wants to do it then go ahead and do it but there is no reason to discuss it or waste staff time budgeting to move it if we are not going to move it. I. State Le,qislative Matters - Discussion/Action/Direction Mike Hein: There has been a lot of activity, as you have read in the newspaper and the news releases we have been trying to copy to you. Especially on the Incorporation bills, it has been an undulating ride. One day it appears dead and the next day the committee that voted against votes for it. I think it through the third reading and it may have passed the full House by now. We still have indications that it may not go far in the Senate but we don't know. Vice Mayor Sutton: We had those indications in the House, somewhat. Madame Mayor, you and I talked about the article the other day when we got it. It looked tike a done deal in the paper and then it got through the CAL committee. It is puzzling. Mike Reuwsaat: It still has Court consideration, it is not a done deal. Vice Mayor Sutton: Our issue has some Court consideration but the new legislation could make us look at this thing all over again. They are going to retro it if they are going to do all of the things they are trying to do to it. ~ have been making carls all along. I think it has passed the House. J. Mayor and Council's Report Sherry Millner: I was very pleased to go to the CDBG Awards and present Bill Mackey with an award for CalMat. (t is very interesting because his last name is the same as my maiden name, so we have a tie there. Last Thursday I had lunch with Shirley Scott and we discussed issues for the upcoming National League of Cities and Towns. She is on the planning committee and so we brought some concerns that we would like to see on that. Mayor Harm E{aine Richardson called me and said you and ( and her should have dinner again soon. Vice Mayor Sutton: I just want to make sure everyone is aware that I will not be at the next meeting, I will be out of Town. I attended the ADOT joint meeting with PAG on your behalf and we were allowed to read in our way of thinking as far as funding for transportation. In the five year plan we 27 · ' ·MINUTES OF REGULAR COUNCIL'MEETING " MARANA TOWN COUNCIL APRIL 21, 1998 reaffirmed our belief in the need for the Linda Vista exchange. The two gentlemen from the Board that were sitting next to me had good interest and were looking at the map. We had some general buy-in signs. We were the only ones who had anything printed to give to them, with a map. The other jurisdictions read some things into the record that were quite long. I had to cut through some of it but I am assuming we hit al~ of the points we needed to. We skipped through it because everyone was going really shod and I did not want to be the long winded one. That went well ~ went to the GTEC sponsor dinner for their Turquoise Members and above, which includes us as a major sponsor. It was a good dinner and more important, I met with some of the people that have the biggest impact on the community, Mike Boyd was there and we got to talk about a number of things with development and some things that he is going to be bringing to us to participate in. That was a good meeting just for some networking and knowing that we are going to be working on some combined efforts. The GTEC Board Meeting was the next day. ~t had some great participation, a lot of the members showed up for that one and they did some introductions of some past locates that came into Town, who was sti~l in Town, how good they were doing and the people that have come are expanding now and it is going better than they ever could have imagined. It was real positive and real up-note for GTEC and they had some real good things going on there. Also, I was the Master of Ceremonies for the Automated Plating, with the Wiggins brothers, which ~ am sti~l thdlled that we got to be partners with these guys. Every time we meet with them, they say tons and tons about us and they gave us real good words at the GTEC board meeting on how they were g~ad to be part of Marana. There was a rea~ good turn out for that, representatives from the County, DQ, Channel 13, and a lot of others were there. Mayor Ham: I want to thank Vice Mayor Sutton. Hurvie Davis said you did an excellent job with ADOT. He said I probably wou~d have talked a longer. Everyone has said you have done a fine job. Thank you. Mike Reuwsaat: I received a letter from Mr. Oaks and I asked it to be passed on to the other Council Members. Basically, I would like staff to work with the Chamber to resolve that issue and then get a short, one paragraph, memo to Counci~ saying that it is resolved. I had a conversation with Sharon Bronson a week ago Friday. She was concerned about the water, aquifer issues and said she would be monitoring those and working with us as needed. Also, she will continue to watch the rest of the processes that are necessary for the flood control, which means passing of the contracts. Don't be shy about contacting the Board of Supervisors and thanking them for their past support and their future support to make sure that the flood control is all the way through, including the contracts. This Board approved Northwest taking over the beginning process for the annexation and the first meeting is Monday, April 27~. I think that is a critical meeting and I have had several people talk to me about it. ~ would encourage people to encourage people to go to that meeting. The second thing is that I think that would be a good place, Ed, for the bank to distribute some of its ~iterature since that bank is going to be in the same area that Northwest is going to be concentrating its efforts. MINUTES OF REGULAR COUNCH~ MEETING ' MARANA TOWN COUNCIL APRIL 21, 1998 Ed Honea: Over the last couple of weeks I went down and spent a couple of hours with Mr. DeSpain and got upgraded on the water situation. This is something that I think is really, really important for our community and I want to thank him for his time and effort. On another afternoon, I went down and met with Mr. Atler to talk about the Senior Center and trying to squeeze it into his budget. This is a project that is very dear to me and ( think a lot of people have been interested in trying to provide something for the seniors in our community. I am sure that when we get a chance to go around and talk to the department heads, Mr. After will be able to give you a lot of detail { appreciate his work and they have done a really nice job on some preliminary design. K. ManaRer's Report Hurvie Davis: I will be brief. As you know, I usually follow the Mayor around a lot so I have been following the Vice Mayor around while the Mayor has been on vacation. The rest of the time I spent looking over Mr. Hein's shoulder. Things have been going well. We have reached an agreement with Mrs. Beard and her attorney on the right-of-way for her property. I think I mentioned at the previous meeting that Mr. Gladden has signed so the right-of- way looks pretty good. Pima County will be going to the State land department to bid the process for the State land they need for the Santa Cruz Levee right- of-way. Aisc, to add to what Vice Mayor Sutton said about the ADOT joint meeting, we did get Pima County Supervisor, Sharon Bronson, to indicated the County's support for the Linda Vista interchange. To a larger extent, that is spurred on the problem created on Camino de Manana by the frontage road 9oing one way. I was very encouraged to hear the County is supporting that with us. Mayor Harn: She spoke to me about this at the last PAG Regional Council and slowly but surely we have convinced her of the necessity of this and I heard her speaking to somebody else about it concerning the Picture Rocks area and the advantage of bringing those people over that road and not through the park. I think we have totally sold her on the idea that this much needed in the northern part of town. I am encouraged by Sharon Bronson, she has turned out to be a very good advocate for this part of the community. Hurvie Davis: I have nothing further, unless anyone has questions, FUTURE AGENDA ITEMS Mike Reuwsaat: I would like to have staff look into a moratorium and the issue of grandfather clause when looking at the special situations that are out thers. My experience has been to do your homework and then bring the core of engineers in to have them buy into the process at whatever informal level with whatever relationships you have so this Council can put it to bed at some level. This way we all have the feeling of security that the whole community is not going to be hit and penalized for the actions we are making here. Secondly, I would like to see if we can come up with some language, whether it be the County, Ore Valley or Tucson, for a reversionary 29 ' '. MINUTES OF REGULAR COUNCIE MEETING.. · MARANA TOWN COUN'CIL APRIL 21, 1998 clause that staff can put in on appropriate rezonings and annexations. should be understood on the front end by whoever is bring something forward that if it is not going to happen then maybe it will deter some of the work that this Town staff has to go through on a lot of these projects. Xl. ADJOURNMENT A motion was made by Vice Mayor Sutton, seconded by Mike Reuwsaat, to adjourn. The motion passed 6/0. Meeting adjourned at 9:17 PM. CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Marana Town Council held on April 21, 1998. I further certify that a quorum was present. ~TECLOSE, TOWN CLERK 30