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HomeMy WebLinkAbout11/18/1997 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall, November 18, 1997 CALL TO ORDER By Mayor Ora Harn at 7:04 P.M. I1. PLEDGE OF ALLEGIANCE Led by Mayor Ora Ham III. INVOCATION Led by Mayor Ora Ham IV. ROLLCALL COUNCIL Ora Ham Bobby Sutton, Jr. Ed Honea Herb Kal Sherry Millner Michael Reuwsaat Roxanne Ziegler Mayor Vice Mayor Council Member Council Member, excused Council Member Council Member Council Member STAFF Hurvie Davis Michael Hein Kelly Schwab Sandy Groseclose Jocelyn Entz Jane Johnson Jerry Flannery Dave Atler Dave Smith Floyd Foster Brad DeSpain Town Manager Assistant Town Manager Town Attorney Town Clerk Executive Asst. to Town Manager Human Resources Director Planning Director Public Works Director Chief of Police Water Operations Manager Utilities Director % ApPROVAL OFAGENDA A motion was made by Vice Mayor Sutton, seconded by Ed Honea, to move item I to fellow item C. The motion carried 6/0. ACCEPTANCE OF MINUTES Minutes of Special Council Meeting of October 22, 1997 Minutes of Regular Council Meeting of November 4, 1997 Minutes of Special Council Meeting of November 6, 1997 A motion was made by Ed Honea, seconded by Mike Reuwsaat, to accept the minutes of Special Council Meeting of October 22nd, Regular Council Meeting of November 4th and Special Council Meeting of November 6th. The motion carried 6/0. CALL TO THE PUBLIC/ANNOUNCEMENTS Ed Honea: Steve Jewett will be the speaker tomorrow at the Chamber luncheon at TICO Electric. Mr. Jewett is the Governor's aid for Southern Arizona. He is very pro-Marana and thinks very highly of us. I hope a few of the Town elected officials and staff officials will be able to make the luncheon. It is tomorrow at noon at TRICO Electric. Mayor Harn: I would like to read a Town of Marana Proclamation from the Office of the Mayor. Whereas, through its one hundred and nine years, the National Geographic Society has taken millions of readers on explorations around the world. And whereas, the National Geographic Society spearheads Geography Awareness Week both to highlight the significance of geography as a field of study and to help you bring geography into the classroom. And whereas, the Town of Marana prides itself on its multi-cultural, international nature. Therefore, I, Ora Mae Ham, Mayor of the Town of Marana, Arizona, do hereby proclaim November 16-22, 1997 as Geography Awareness Week. Dated this 10th day of November, 1997, IX. No action taken. G_ _ENERAL ORDER OF BUSINESS Resolution No. 97-'112: Continental Ranch Active Adult Center Phase 2. Par 41 S r o Request for Approval of a '134 Lot Single Family Detached Home Subdivision Preliminary Plat on 32.99 Acres Located Approximately 1/2 Mile North of the Intersection of Coachline Boulevard and Twin Peaks Road in a Portion of the Southwest % of Section 16, Township 12 South, Range '12 East, within the Continental Ranch Specific Plan Area. Applicant is Del Webb's Coventry Homes Construction of Tucson, '1565 E. Rancho Vistoso Boulevard, Tucson, AZ 85737 Hurvie Davis: This is a request by Del Webb Coventry Homes for approval of the preliminary plat on approximately 33 acres for 134 lots. It is in the Sunflower development located at Coachline Boulevard and Twin Peaks. The Planning Commission heard this matter on September 24,1997 and approved it. Staff recommends approval. Jerry Flannery is here, as well as the applicant to give you any further information you may need or to answer any questions you may have. Jerry Flannery: The applicants are here to speak and can answer any questions the Council may have. Hurvie Davis: One comment I would like to make is the density is 4.06 dwelling units per acre. A motion was made by Mike Reuwsaat, seconded by Roxanne Ziegler, to approve Resolution No. 97-112. The motion carried 6/0. ResoIutiorl NO, 97-114: Twin Peaks Subdivision Request for Final Plat - Request for Approval of a 78 Lot Single Family Detached Manufactured Home Subdivision Final Plat on 22.91 Acres Located on the Southwest Portion of Scenic Drive and Silverbell Road in Pima Farms North Specific Plan Area in a Portion of Section 20, Township 12 South, Range 12 East. Applicant is Meyers Development Corporation, P.O. Box 65629, Tucson, AZ 85728 Hurvie Davis: This is a request for approval of a final plat of a single family detached manufactured home subdivision, located at Scenic Drive and Silverbell Road in the Continental Ranch area. However, it is in the Pima Farms North specific plan on the west side of Silverbell. It is a 78 lot subdivision. The Planning Commission also heard this on September 24, 1997 and approved the final plat. Staff recommends approval. Jerry Flannery: The zoning on this property is MDR, which is 3-15 residents per acre. The proposed density for the development is 3.41 dwelling units. It has one single access point for the subdivision and they are maintaining buffer yards, they have processed a native plant permit through the Planning Commission. The final clearances for all minor technical refinements have been received by all agencies, including the Town Engineer, Pima County Wastewater and Pima County Addressing. A Pipeline Adjustment Agreement has been signed and submitted. Staff does recommend approval, as Mr. Davis said. Ed Honea: Jerry, I don't see a map that is inclusive of the general area of the specific plan. Are these 72 units an isolated residential area, buffered completely by the commercial area, Or, are there going to be adjacent residential requests. Jerry Flannery: This is a portion of that property. The rest of the property adjacent to this is a mix zoning of MDR and multi-family type density zoning. There has been some interest by some other home builders in that area for stick-built homes. However, I don't know if they have closed on any kind of escrow so it would probably be premature for us to say who they are. Ed Honea: This deviates a little bit with our past policy to request that individuals building either stick-built or modular homes have some on site recreational area. These are fairly small lots. We don't have a large enough map or enough information. Are there any parks or recreational facilities included in this specific plan? Jerry Flannery: The area north of the development is to be retained as an open space. The developer has discussed putting trails of some kind, and maybe some picnic tables, in there. The zoning of the specific plan does not require it. Ed Honea: But we can require it. Jerry Flannery: I think the Town Attorney would have to answer that. Kelly Schwab: Without looking at the specific plan, if there is no requirement in the specific plan then probably not. However, I can go back and review the specific plan and look at what it says on recreational facilities. Ed Honea: Can the applicants please come forward? Is there anticipation of expanding this? Richard Hickey, Meyers Development: This is the first phase of development under the specific plan. Yes, there are other phases projected. As far as recreation, there are several acres of open space with trails and natural space. There is not a recreational building or facility, but there is quite a bit of space for the residents. Ed Honea: What is the total anticipated units on that property? Richard Hickey: It is hard to say. There are several types of usage. The part we would have, approximately 52 acres, would ultimately total less than 200 housing units. There is probably another 50 acres of that specific plan that is still held by the prior owners. It has some commercial on it and some higher density multi-family zoning, 7 acres was sold to a church being built just east of this property. It is hard to say what the sum total of the development will be, only time will tell that. But, it will conform to the specific plan, prior approved. Vice Mayor Sutton: If it is not part of the specific plan, it is kind of hard to make you have a recreational facility. However, your neighbors in the Continental Ranch specific plan, which is basically a walk across the street, has recreational facilities. The concern is going to be that the people in the Pima Farms specific plan are going to be using their recreational facilities but not paying anything for them because they are under a different specific plan. Bringing the residential in there and not supplying anything for them, you are going to have some burden on your neighbor. Richard HJckey: I think that is a question you can take either side of. The existing properties across the read, Continental Ranch, have ways of protecting the usage of their facilities. I don't think these people will be going over and using that. As I said, there is a lot of open space and the density is quite Iow at under 4 units per acre. They do have space. I don't think that everybody, necessarily, wants a swimming pool or tennis courts. That is a decision they will make when they buy a house. We addressed this during the tentative stage when we came before you previously. We have granted 4 the space for people to haVel people don't. Some people like common facilities, other Vice Mayor Sutton: Jerry, do we have a development agreement on this plan and everything is lined up for it or did we not need a development plan because it is already zoned. Jerry Flannery: There is no development agreement on this preperty, it was not required. This is a typical subdivision that can be handled threugh assurances. The infrastructure is paid for by the developers' insurance, or whatever method they choose. So, there is no development agreement required. Vice Mayor Sutton: Manufactured housing is allowed in this type of zoning? When was the zoning on this property? Jerry Flannery: Yes, it is. I believe this plan was approved in 1988. Sherry Millner: My only concern is that I know the people of Continental Ranch use that whole area for walking, jogging and riding bicycles because there is not too many places in Continental Ranch to do that. They like to be in amongst the nature. I know of a particular woman who bdngs four Irish Wolfhounds, every morning at 7:00, to that area from Grant. She has exercised those dogs every day for four years. I hate to see her lose that, but I do know this was approved many years ago. I hate to see that we approve things and then allow so much time lapse when our plans have changed. I just want to let you know, I am going to miss having that open space. Richard Hickey: Actually, if you look at it, there is quite a large percentage of open space that is buffered compared to the amount of development. I agree, every time some desert goes away everybody feels for it if they are used to using it. I think this development is pretty responsive to the requirements both of the Town and neighbors over the years. There will probably be some space left so that she can still bring her dogs. Everybody will be able to use it. The buffer area is fairly dense and "forested", if you will, with everything and there are trails through the venues that will continue to be used because it is not blocked off for just these people. Ed Honea: I was a little disturbed that we didn't have a little more information of the surrounding area in this specific plan. This plan is almost 10 years old. Even if someone has a zoning for 3-15, the Town still contrels that 3-15, correct? For example, if it was an apartment, you might allow higher zoning because you would have more open space or a recreational facility. It is not a guareantee, except for the minimum. Jerry Flannery: As I understand specific plans, the attorney can correct me if I am wreng, the document is its own zoning ordinance and subdivision ordinance. If the Town has an ordinance that says one thing and a specific plan says something else to contradict it, but is not less restrictive than the State law, then it can be done that way. Different specific plans have different procedures, so, some things come before the Council, some things come before the Commission and some things come before the Council and the Commission. To answer your question, the zoning is hard and the zoning allows for 3-15 residents per acre. The only restrictions on that would be possibly the land forms, where slopes may be too steep to allow 15 residents per acre. Other than that, we have seen most cases where the density is closer towards the bottom of that range than at the higher end. That is pretty indicative of all of the specific plans approved in the 80's. They came in with higher densities, knowing that the projected build-out would be much less but they would have that flexibility to put what they wanted, as far as the market would allow, on those properties. The zoning is hard. I don't know how much control the Town has to exercise on a subdivision plat. We had an example of a commercial use that a lot of people didn't want but it was a commercial use allowed under commercial zoning and that use was allowed to be established because of the hard zoning underlying it. I don't know if the attorney has anything else to say on that issue. Ed Honea: So, you are telling me that we can not require recreational facilities to be established on this property because this specific plan already has hard zoning. My concern is that Continental Ranch has completely inadequate recreational facilities, as far as I am concerned, including the new ones. They are nice but too small for the number of people. If you build these 78 units and then another 500-700 units next to them, every single one of them is going to go right across the street and use Continental Ranch's baseball parks and parks and those people are paying homeowners' association dues for those facilities. I am concerned about getting a whole bunch of people from "starter" homes and lots of children going into ContinentaJ Ranch parks because they have nothing to do across the street. I am very concerned about that. I would like to see the item continued for a couple of weeks so we can research the specific plan a little bit. Mike Reuwsaat: This item brings up the issue of having a committee to set up some development standards. We are so used to looking at big pictures and projects that it is difficult when we have something a little smaller come in. In your case, you have been going on since 1988 and I don't know how many years you've been working on this development and how much money you've put in it. Then, when you come to Council and we start asking you questions about hard zoning and such, it must be fairly frustrating. Richard Hickey: Well, I wouldn't say I'm frustrated yet, maybe as we continue tonight. We have been through the tentative plat commission and through yourselves, earlier, on the final plat. All of these questions have been asked and answered and we have conformed to every requirement of the Town. This is just simply the final plat plan and I think it is a little late to be revisiting these issues, they have already been dealt with. Yes, it would be very frustrating to now start looking at your master plan. Mike Reuwsaat: I have to agree with Ed, I think you are going to have younger families with more kids. I am not saying to go ahead and put a park in. We have gone down a long read and you have gone down a long road, but I would also like to have a little more information in the package to look at and to see what else is coming up. Maybe we can make some adjustments up the line, if we have to, because of some of the inequities it will create in the Continental Ranch area. Richard Hickey: Like I said before, not all people want that type of common facility. As for young families, we can not say that for sure. History tells us that has not necessarily been the case in this type of project. We are not building manufactured housing such as you have existing in your community at this time. These are permanent installations and the houses are upgraded from what you find Jn the rest of the Marana area. Mike Reuwsaat.' Are they age restricted? Richard Hickey: No, they are not age restricted. I think you have some age restricted communities here and we did not elect to do that. We may elect to put in, say a common pool, depending on the final marketing decisions. As we met with staff and looked at the specific plan, it did not require that. We met all of the requirements we needed to so it is relatively inequitable for you to say you will continue. There was opportunity for those questions before and I am surprised that they would come up at this point. Mayor Harn: Mr. Flannery, how many meetings have these people had with their neighbors? Jerry Flannery: I have been involved with probably three meetings with the adjacent property owners, two of which the developer and the adjacent property owners were in attendance together. One of those meetings lasted approximately 3 ¼ hours. Other meetings I have had with the developer have lasted approximately 1-2 hours at a time. Staff, as well, has had numerous meetings with them. Mayor Harn: Has he met with his neighbors to the west of them, on Scenic Drive. Jerry Flannery: Yes, and Mr. Hickey can answer better than I because I am sure he has met with the adjacent property owners on private occasions where I wasn't present. I would like to address one issue Councilman Reuwsaat brought up. The Town staff is going through a zoning code update and we are spending a tremendous amount of time trying to bring our code up to date and eliminating all of the significant land use change process, and several other things. Even that code includes all of these things that we want this committee to form, these specific plans still exist. They still exist and the same issues would be coming up, even if a whole new code was put in place. Ed Honea: Most of the specific plans have some verbiage in them saying that there must be some on site recreation or activities for people on the 7 property. Continental Ranch is a perfect example, it has several different things that it points out to be built. I just don't think we had enough information up front. I am not saying I am stdctly against Mr. Hickey's project. All I am saying is that we are looking at a microscopic piece of a big puzzle. I think we should have more information before we start doing things. Jerry Flannery: I apologize for my department not including more information in the packet. The specific plans that come to the Council, which you are not as familiar with, especially new ones, should include a copy of that land use segment of the specific plan for your use. If there are other specific items within that plan that you would like, please let myself, or my staff, know. Mayor Harn: I personally feel that we get our packets well in advance and if there is not sufficient information in our packet, we need to let Jerry know. I certainly understand that swimming pools and parks attract children, but, I find it difficult to tell the gentleman that we are not going to O.K, his specific plan because the people in his project might go across the street to Continental Ranch's park. I think his point is well taken, that if you have that kind of facility, maybe you need to make some kind of card restriction or something to keep people out. Vice Mayor Sutton: Jerry, you are giving us your opinion that everything is being answered in the specific plan, Kelly said she would have to look it up. Can we put a condition on it, that all recreation items required by the specific plan will be included. Mike Reuwsaat: I agree with the Mayor, we need to move ahead and amend the motion to include what you said. You can pull a half acre, acre at the most, out of that buffer area and put in a play lot to take care of a subdivision this size. A motion was made by Mike Reuwsaat, seconded by Sherry Millner, to approve Resolution No. 97-114, final plat for Twin Peaks subdivision pursuant to staff's recommendation and including any recreational facilities required by the specific use plan for that area. The motion carried 5/1. Council member Ed Honea voted no. Sherry Millner: I would just like to make a comment. We get our packets well in advance and if there are questions, call and ask someone. I had some concerns and I got with Mr. Flannery before tonight so you wouldn't have to stand here for an hour. I apologize for that because we should do our homework before the Council meeting. Loo_an Hills Water Co. - Request for Authorization to Commence Negotiations with Tucson Mountain Investors for the Acquisition of Logan Hills Water Company Contingent Upon Review and Recommendation by the Water Utility Advisory Committee Hurvie Davis: As you know, we have been purchasing a number of water companies around Marana. We purchased Picture Rocks Water Company this year, off of Wade Road and Ina Road. We have been talking to the owners of the Logan Hills Water Company, which is somewhat adjacent to the Picture Rocks Water Company. We feel this is a water system we would like to make a part of our system and interconnect that system with the Picture Recks system for back up. We are requesting authorization from the Council tonight to allow us to enter into negotiations for the purchase of the water system. It is continued upon the review and recommendation of the Water Utility Advisory Committee. Brad DeSpain is here and has been working on this. Mike Reuwsaat: I was out of town until last night. I did not get to my packet until late last night and this morning. I think this is a "no brainer" but I would like to see a map of the service area on that, you can just put in our boxes sometime during the week. A motion was made by Mike Reuwsaat, seconded by Roxanne Ziegler, to authorize staff to proceed with negotiations regarding Logan Hills Water Company, present to the review and approval of the Water Utilities Advisory Committee. The motion carried 6/0. Brad DeSpain: I would just like to qualify Mr. Davis' comments. The services areas of Picture Rocks Water Company, that we purchased previously for Marana water servicing, and Logan Hills join just west of the big tank that is there at Picture Rocks and Wade. It basically takes in the property down to Abington and across Silverbell. We will get a map and put in your box. It does not take in the area off of Ina where Broomtail and that small subdivision is, that is Tucson Water. We, the Managers Water Committee and the Water Utilities Advisory Committee will meet with the principals and proceed from there with the negotiations. We will make sure that we are in favor of everything that is happening and going on. Resolution No. 97-1'13 . Re-appointment and Appointment to the Marana Water Utility Advisory Committee A motion was made by Vice Mayor Sutton, seconded by Mike Reuwsaat, to appoint Mr. Jerry Harris and Mr. Joe Reilly to the Marana Water Utility Advisory Committee and their terms will expire December 31, 2000. The motion carried 6/0. D. Resolution No. 97-111 - A Resolution Approving the Annexation of Certain Property into the RedHawk Canyon Community Facilities District No. 2 and Emergency May Be Declared to Exist Hurvie Davis: Several years ago we approved the establishment of two Community Facilities Districts in what we used to call the Westinghouse property, in the Tortolitas. Community Facilities District No. 1 was basically a U.S. Home in the Hedtage Highlands project. Community Facilities Distdct No. 2 was basically referred to as Westinghouse, is really RedHawk Canyon and Dove Mountain. This is a request to annex the additional 150 acres into the Community Facilities District No. 2. This is not an annexation of land into the Town, but simply into the Community Facilities District to enable them to provide the infrastructure to the attached mechanism established under the Community Facilities District. We recommend approval. A motion was made by Ed Honea, seconded by Sherry Millner, to adopt Resolution 97-111 approving the addition of that property described in Exhibit A into the RedHawk Canyon Community Facilities District No. 2 and it was further moved that an emergency be declared to exist. The motion carried 6/0. E. Municipal Facility Location - Update from Facilities Planning Committee Hurvie Davis: You have all spent a lot of time on this issue, you have taken field trips and such. Mr. Atler, head of the Facilities Planning Committee, has done an excellent job on running this effort so far. This is an update to the Council from the update that we gave you at the last meeting. Dave After: In August, we met with the Council and discussed the process that we have been going through as the Facilities Planning Committee. At that time the Council determined that it would be best if we opened the process up to all of the properties within these 5 areas that were designated in the Facilities Planning report this last Spring. Prior to that, we were using a land broker and looking at a couple of properties through the broker. We've gotten interest from a couple of other property owners and the Council requested that we invite others to participate. Following that meeting, what the committee did was get together with Vice Mayor Sutton, Councilwoman Millner and Councilman Kai and add them to the committee. We got together a few days after the Council meeting and came up with a strategy. We invited parcels with a minimum of 20 acres within the 5 areas to provide proposals to us for evaluation by the committee, due in September. The committee would evaluate them and come back with a short list for the Council. There were over 50 properties identified for the assessor's records and the mailings went out. We received eight proposals back. We have two in the Continental Ranch area, designated as the Twin Peaks/Coachline area. We have one in the Tangerine East area, just east of Tortolita Road. We have one in Tangerine Central. We have one in Tangerine West. We have two other properties that the Council asked the committee to investigate, which are in the Tangerine West area. We have had two proposals come in for the area known as Lon Adams/Barnett. The total proposals were eight and the total properties, including the two the Council discussed earlier in the year, brought the number of properties investigated to ten. The committee met two more times after that Friday morning meeting and we short listed the properties down to six or seven and had another meeting later in the week. The committees, as a whole, toured the remaining properties. The properties in the Continental Ranch area (Twin Peaks/Coachline), Tangerine Road East and Tangerine Road Central were 10 all eliminated. We investigated only those properties that remain in these two areas. The final meeting, after the tour, entailed talking about the pros and cons and costs. We came back with a short list of three properties. There is still some interest, by more than one council member, in some properties outside of these three properties we looked at. Ed Honea: I think once we get short listed, whatever we do, we need an infrastructure evaluation on all of the properties. Some of the properties' selling prices are cheaper but the infrastructure improvements actually make the properties more expensive than some of the others. If we are going to short list it, I would like to see staff really reseamh these. We need to know how far it is to the sewer and what is the capacity, how far it is to water and gas, if it is in the flood district, etc. When we make our choice, we need to look at the total cost for the land to be usable. I have a piece of property and I think Mr. Atler has talked to most of the people on the committee about it. I would like to see the Hum property put on the short list for 2 or 3 reasons. All of the infrastructure is right there, I think the sewer is about 200 yards from the property. It has railroad on one side, the freeway access on one side and Lon Adams Road on one side and, possibly, even access from Sandario. Dave Atler: I was not going to get into the issues that Councilman Honea raised, but the cost for off-site infrastructure was all evaluated. The initial evaluation was done as part of the facilities planning report from last Spring. We also asked for the owners of the properties to submit that information, most of them did not do that. However, based on properties the Council expressed interest in, two on Tangerine and the Gin property and the Hum property, the Town paid for a feasibility analysis and the investigative cost of infrastructure. That was all on the matrix and it was all evaluated, as a whole, by the committee. Vice Mayor Sutton: I understand Councilman Honea's concerns with the infrastructures, but, we looked at everything. That committee was formed so each council member wouldn't have to get up here and each person come up with their own and start lobbying for which one should get on. I think it kind of circumvents the committee on what their duty was, which was to come back with a short list. The pros and cons are that the ones that made the short 7-8 list were all real close. The Hum property was one of the ones that was almost unanimously removed when we went to the final cut list. There were 3 council members on that committee, and trying to understand the direction of council was a topic of discussion for us a lot. What are we trying to bring back, what is our duty here? I thought we had it pretty well outlined, to bring back to Council a shod list of people we wanted to present to the Council. In saying all of that, the Council can do whatever it wants, any council member can add anything he wants to be voted on this dais. I would like to consider what the outlook of this committee was and if we are going to make our own shod list, why did we waste the time on it. Sherry Millner: I agree with Vice Mayor Sutton. When we looked at all of these properties, we took into account, "not today". What we are trying to project to the rest of this area, what we want to look at in 20 years. You can't look at right now, this town needs to look at the future and that is what we did when we looked at all of these properties and cut some from the list. I don't think it was easy for any of us, I know some people favored certain areas. We were looking at the town as a whole, not just certain areas. I don't think anybody on that committee took favorites, we all looked at it as a whole with what we want to be in 20 years. Roxanne Ziegler: I think you guys did a tremendous job. I ran from this committee, Dave and I discussed it. A motion was made by Roxanne Ziegler, seconded by Vice Mayor Sutton, to ask staff to prepare us for the proposals on the 2nd of December for the 3 sites that the committee has picked and go forward with it. The motion failed 3/3. Mayor Harn, Mike Reuwsaat and Ed Honea voted no. Sherry Millner: I suggest we have a study session on this item because it could take quite a bit of time. Mike Reuwsaat.' I agree and I would like to have the matrix on all of the properties the committee looked at so we can review and see what you based your decision on. I would like to have more time to study this for other reasons. I would like to have some type of format so that the presentations for proposal are addressing the same formats so we can keep some lineal thoughts with these people. I don't want to get off track. Vice Mayor Sutton: I think the study session is a good idea so the committee members can get with the Council and go over the criteria and everything we looked at. It might answer some of the questions on why some of them were removed from the short list, we can have everything on the table when we get the presentations. Sherry Millner: We might also want to make sure all the council members are taken on a tour of this so they can see what we saw, from our point of view. Mayor Harn: Every council member has made the tour. I have to agree with Mr. Honea. I do understand, and appreciate, what the committee has done. I have toured everyone of the sites and done my homework. I would like to have the Hum site added. I feel that even though we have a recommendation from the committee, that does not bar the Council from asking the committee if we can have one more site added. I don't think that is unreasonable or unappreciative. Ed Honea: I appreciate the committee as well. I have been on committees and people have not taken my recommendation many times over the last 10 years. I would hate to see a committee with 3 council members lock out the other 4 with not having an option of even considering something that they might want. I think we should have the study session, this is so very important. Councilwoman Millner hit it right on the head, where this town facility is located and everything is very important. Roxanne Ziegler: Are you saying you want to add the Hum property again? Ed Honea: No, I am saying there were 3 council members on the committee and 4 that were not. You made the motion, basically, to eliminate the other 4 from having any discussion for adding an extra property. I am not saying I would vote for the Hum property, I am just saying I would like to see it added to the other 3. Roxanne Ziegler: The reason for a short list is to short list. You empower people on a committee to do so. I know everything about these sites. When you empower a committee to do something then you should take their recommendation. We did, we voted on it, there are three sites, now, lets go on with it. It is fine to do studies on those sites, I have already done a lot of figuring on that. Lets drop it, the Hum property is off of it, there are three sites and lets go forward. Mayor Harn: Mr. Atler, how many times did Mr. Kal attend these committee meetings? Dave Atler: Councilman Kal did not attend the few meetings we had. I can only guess as to why, however, one of his properties was on the list so I have to presume that he was trying avoid a conflict. Mayor Harn: So we really only had two council members on the committee and I know Councilwoman Millner and Vice Mayor Sutton were at every meeting. Only two council members out of seven make this recommendation and, in my opinion, that gives council members that sit here the opportunity to ask for another property to be added. We can decide that through a vote when the time comes. Roxanne Ziegler: Kelly Schwab, we just had a motion, a second and a vote on an issue. The vote was 3/3 and the motion failed. I don't understand why we are discussing this further. Kelly Schwab: As I understood the motion, it was for staff to prepare the proposals for the three sites recommended by the committee. The motion was voted on and did not pass. Now, there is no more motion on the floor and the Council is proceeding with further discussion. This is an appropriate order to proceed on the matter, if the Council so chooses. Right now, there is no motion and the discussion can proceed however Council chooses. Roxanne Ziegler: On that, then, I will say this and no more. This has happened, recently, on a Fire District Committee appointed by the Mayor, which was run horribly because people were shoving people's ideas down their throats and it is going to happen here, again. Dave Atler and his thirteen people sat down and short listed this list with all of the facts in front of them. How can we sit here and disregard what they have said. A motion was made by Mike Reuwsaat, seconded by Mayor Ham, to move this item to December 2nd for reconsideration with a full Council. The motion carried 4/2. Sherry Millner and Roxanne Ziegler voted no. Ed Honea: It is my understanding that Councilman Reuwsaat's motion is to continue this item to December 2nd for more discussion to decide what we are going to do, and so we will have a full Council. Vice Mayor Sutton: I vote that the committee be dissolved and I am removing myself from the committee so the Council can make their own decision from the dais, since that is what it sounds like what we are trying to do. F. Annual Town Festival to Promote the Town - Discussion/Direction Hurvie Davis: Staff has an interest in developing an annual event, in addition to the Marana Founders' Day, 4th of July event. Parks and Recreation has come up with a suggestion to hold a Blue Grass Festival. I think it is a fairly good idea. Dave After: The point behind this was to look for another annual event to help promote the Town and community activity. The idea is based on, among other things, the Ore Valley Jazz Fest. Staff is not recommending necessarily any kind of musical event, per say. The recommendation is more so just an idea that we had discussed and wanted to put before the Council. I spoke with Dick Eggerding, Chairman for the Arts Committee in Ore Valley, and asked him about their budget for the Jazz Fest and what the response was to that and how it had grown. I would like to share with everyone what was discussed. Mr. Eggerding was a tremendous help, I think he sits on the Pima County Arts Council, he has a very strong interest in this type of activity and will be more than willing to help us out with any questions we have. He pointed out that if it is a musical theme and you have good musical acts, they are going to be expensive. They suggested using local musical talent, even high school bands. The way that would work is a donation would be given, for example, to the high school for their band program. The type of event you have will dictate the cost of the event and the participation by the public. One idea would be to involve crafts people to show their crafts at the festival. Oro Valley budgets $18,000 for the two day event. It started out three years ago as a single day event, which I did not ask about. With sponsorships and grants from the Tucson/Pima Arts Council, approximately 2/3 of that is paid off. So, their net cost is about $6,000 for the two days. They have been doing this for three years and they have had a tremendous amount of success. The first year they drew 700 people, this year(the 3'~ year) they drew over 3,000 people. We would like to see if Council would consider this for the future and have any direction for us. Sherry Millner: Personally, I think we have enough trouble drawing people for Founders' Day, they don't come from all over Marana. I don't think our town is ready for something like that. 14 Mayor Harn: Why couldn't we have it at Continental Ranch? We have something at the Sports Park, why not Continental Ranch or Dove Mountain? Mike Reuwsaat: My concern is that I want to make sure we don't bite off more than we can chew. We just put in more money and paid the Chamber more to take on some of the responsibilities for one of our other functions this year. When we were going through the budget process and talking about the existing functions, we were talking about how over loaded our staff is in terms of those functions. We should be sure we don't stretch ourselves, that way we can put on a quality event. Maybe we should be putting that effort into the other two events, but we are paying somebody else to do some of the work we couldn't do. It sounds good but we couldn't handle the events we had this year. Vice Mayor ,Sutton: Being from the "Land of Festivals" in Louisiana, every town has one. There is a certain amount of dollars for sponsorship in Marana for events. Our fireworks display is known throughout Pima County, a lot of people come to that. Our Founders' Day is coming around to being a nice festival. I think we should concentrate on those two, another event will detract from them. Resolution No, 97-109 - Approving and Authorizing the Institution of an Adopt-a-Roadway Program and Funding Under the Direction of the Town of Marana Public Works Department, Engineering Division Hurvie Davis: All of you have worked on making our community a better one. You have allowed us to enter agreements to work with the Marana Treatment Facility to use inmates to clean up our roadways, interchanges, parks, etc. We can not do it all. We have had some interest from groups to have an Adopt-a-Roadway Program. They have approached Mr. Atler and we are looking to set a program of this nature, with your approval. Dave Atler: We have had three groups express interest in the Town having an Adopt-a-Roadway Program. We did not pursue this on the budget last year because we only had one interested party. The Town staff researched the Pima County and ADOT Adopt-a-Roadway Program and developed a program, which you have in your packets, and a cost to implement the program. Kelly Schwab helped considerably on this, thank you very much. A motion was made by Roxanne Ziegler, seconded by Vice Mayor Sutton, to approve Resolution No. 97-109 and allocate $4,500 from the Town's Contingency Fund for funding the Adopt-a-Roadway Program for the balance of the fiscal year. The motion carried 6/0. Mike Reuwsaat: I would like to see the first aid kit included in this. We should have a good first aid kit go with anyone going out. I don't want to rely on the group to provide something inadequate while they are out there. H. Appoint a Manager's Committee to Prepare Guidelines for Deve!QDers of Residential Communities Within the Town of Marana Discussion/Direction Hurvie Davis: Councilman Honea asked for this item to be put on the agenda and it pertains to an earlier discussion. This is along the lines of developing guidelines and procedures for developers in Town so when they come to us, 80-90% of the requirements they have to meet are already set out. It was suggested that a committee, under direction of the manager, represent various interests and study the issue and come back to Council. I don't think the recommendation has to go before the Planning Commission, just the Council. Mayor Harn: I do think something like this should go before the Planning Commission. Vice Mayor Sutton: I suggest the committee be called an information only committee that would present to the Council at a study session. We should remove any language saying they are charged with coming up with any issues or guidelines. This could avoid a similar situation to tonight. Ed Honea: I agree with the Vice Mayor, this is another really important issue. Hopefully, we will have 2-3 members from the Council, 2-3 members from the Planning Commission and members at large from the community. We should work on this with suggestions and ideas from several different people, bring it back before the Council and Planning Commission and put this thing together. What has happened in the past is, every time a developer comes to the Town to implement their development, we have to go talk to them about water, property for a school, off-site infrastructure improvements, etc. I think that it really needs to be done. I was talking to Jim Baker and he said, in California, where he lived, he went down to get a permit to add a porch on to his home. They handed him a piece of paper telling him how wide his slab had to be and details of how many supports, etc. We need to try to do the same thing with our development community. I don't think this should be an ordinance, it should be a guideline. It will be a benefit to the development community. I would like to even see members from the development community on this committee. Roxanne Ziegler: I agree that we need to have guidelines in place, however, when I see Manager's Committee, I get tense. Again, it failed on the fire station meeting and the committee to pick the facilities was ignored. If we are going to have another committee, have some guidelines, someone running the meetings and someone taking notes at the meetings. Food for thought: Having council members serve on these committees is almost a conflict of interest; you go serve on the committee and give suggestions and then you come up and vote on it. Sherry Millner: Have we checked into any other towns in Pima County to see if they have something similar so we don't reinvent the wheel? Mayor Harm We could also check with the League of Cities and Towns. Jerry Flannery: I think Mr. Atler and I both probably deal with this more than any other department heads in the Town. Although, Water is certainly involved with all of the development of the Town. I did not intend to speak on this issue, but after reading some of it, I have a recommendation for the committee and the Council. I recommend they be in the form of ordinances to enforce them. Otherwise, you can't enforce them. Our attorney may say otherwise. If you present a guideline to a developer saying you have to have a certain amount of acres of parks per number of lots, they are going to say it is not a Town law. A Code amendment needs to come before the Commission and Council, as well, because you are amending the Development Code. The other issue that came up earlier refers to specific plans. Specific plans are unto themselves their own zoning and subdivision. If we are to modify our Zoning Code or Development Code to require these types of things, I don't know what the legal ramifications are, but, those are codes that exist. If we are to require developments within specific plans to follow the same requirements of the City ordinance, then we may or may not have a potential legal issue. Getting back to your question, Councilwoman Millner, whenever we do an amendment to any ordinance, we try to go out and get a number of different ordinances from across the State. We like to be consistent with the jurisdictions in Pima County so we have some consistency and developers are familiar with the process. Mr. Atler and I met with Collins Pina for four hours with staff and detailed some very good ideas on how to pursue development and making it more formal and expeditious. The discussion at that point was, do we make this ordinance or policy? Dave After: To answer the earlier question, I don't know of any policies or ordinances in the region that have it broken down to number of facilities per acre. My experience has been that you get requests for certain types of facilities and the developers then consider what the ramifications will be to do so. Typically, with the roads, we look at what their specific impact is based on the Traffic Impact report. Mike Reuwsaat: I believe staff understands what Council has been talking about at the last few meetings. You can put some development standards on some things and some things you can't. All the points are well taken, but I don't think this is the time or place to be going through all of this detail and trying to put the plan together. My recommendation is to have staff come up with a working guideline on what they think this Council wants to see achieved. I would like to participate on the committee, I believe the process is important. I don't think it is going to be an overnight committee, it is going to be a long, drawn out committee. Considering the growth of Marana, it will probably be one of the most important committees to provide a little more direction for the developer. ]7 A motion was made by Mike Reuwsaat, seconded by Sherry Millner, for staff to proceed to develop a recommendation to Council for a process and delineate more the content and direction they would like to see it go. The motion carried 6/0. Pima Association of Governments Regional Council Meetin_o Agenda - Review for Discussion and Direction Hurvie Davis: Item #3, 1997 Pima County Population Estimate, state the computation of population is 10,000 persons lower than what the local agencies in Pima County come up with. PAG sent a letter to the State asking them to correct their error and have not had any success, yet. What PAG is planning to do is have that short fall come about in the incorporated area of Pima County as opposed to within the City. If the 10,000 population is spread amongst the cities and towns in Pima County, it gives us additional State revenue. Everyone is familiar with item #6, the Pygmy Owl. Air Quality update, we had a slight update on the air quality as it relates to the Stage II Vapor Recovery. I believe this issue will be addressed by the Air Quality Executive Committee tomorrow and they may follow the recommendation to the PAG Regional Council either this month, or possibly in December. That is one that will create a great deal of controversy and things of that nature. Mr. Hein is going to that meeting in the morning and will have more information for us after that. There was also a question on item #15, Special 2.6% Funding. I asked Mr. Atler to research this for us. Dave After: I spoke with Cherie Campbell this afternoon to refresh me on the 2.6% funding. We had talked about it at the Transportation Planning Committee meeting but it has been a number of months. What created a need for this fund was an effort on the County's part last year, through the State Legislature, to redistribute funds from the 15% moneys. More of the 15% moneys would go into the unincorporated areas of the State. There is a finite amount of money in that "pot", redistributing it would lessen the amount of money going into the municipalities. In order to account for the shod fall PAG and MAG approached ADOT in Phoenix to come up with another fund that would make up the difference. That is the 2.6% fund. It provides $2,000,000-$3,000,000 of funding in the Region per year. It is an administrative fund, meaning it is not done by legislature, it is handled through ADOT. It comes from the State Highway Fund, which means it has to be used on the State System. Locally, that would be 1-10, 1-19 and Oracle Road. What PAG is trying to do is open that category up to allow the funding to be used on roads that are considered State routes, as well. This would include Tangerine Road and Sahuarita Road. PAG has also asked the State to allow the District Engineer to have discretion over the projects that funding is used for rather than going through the process with the ADOT State Board. PAG is trying to get an expansion of the system for how the money can be used and trying to bring control locally. The 15% money that was in the pot before was controlled by the PAG Region and they are trying to get some of that control back to the local district engineer through the state money. ]8 Ed Honea: Is it just going to be general information on item #6 or are they asking PAG to take a stand on the conflict between Amphi School District and the Town of Tortolita? Mayor Harn: The PAG Regional Council has already taken a stand on the issue between Amphi School District and the Town of Tortolita. They wrote a letter to the Fish and Wildlife Department saying they would like them to make an expedient decision on whether that land can be used by Amphi School District or not. Jerry Flannery: I recently received a copy of a letter from a group called Desert Watch and also in some of my investigations, I talked to some of the Fish and Wildlife people that worked in this region. They are having a meeting this Friday morning from 8:00-12:00 at the Windmill Inn. I think I will be attending that, I don't know if any of the council members want to attend. Mike Reuwsaat: I would like to get the material from the Friday meeting, and some notes. I am concerned, I know we are not just talking about the Amphi area. We are looking at expanded areas, including some of the 1,200 acres that were recently annexed. This issue could pull a lot of that out of potential development. Jerry Flannery: In my discussions with some of the Fish and Wildlife people, I found out a habitat has not been defined. In the letter I received, it said you are potentially harassing some of the area within the Dove Mountain area. This meeting Friday morning will call a lot more attention and designate a lot more of the study area. Ed Honea: The reason I was asking is I think this item could have a large impact, not only on the Town of Marana, but the County and a lot of other areas. I would like to ask you, Madame Mayor, if you would bring back the information made available to PAG so that it can be copied for Council. Then we can educate ourselves a little bit more on where things stand. Mayor Harn: I will not be able to attend that Friday meeting but I would imagine that the information you are looking for could be made available to US, K. Waiver of Permit - Approval of Waiver of Permit Fees for the Marana Health Center Mayor Harn: I declare a conflict of interest on this item and I will leave the dais and turn the meeting over to Vice Mayor Sutton. Hurvie Davis: The Health Center has come to the Town and asked for a waiver of the building permit fee, which is estimated at $5,166.09, for the work that they hope to be doing at the Health Center. The Center is applying for a grant for around $375,000 and looking for a local match of $125,000. It is my understanding that this waiver of the fee could be used as an in-kind match toward the Federal money they are applying for. Ed Honea: It is my understanding that what the Health Center is trying to do is raise $250,000 from the community at large in order to get a matching grant from the State. This is to expand the health portion and the dental portion of the Marana Health Center and to upgrade it. This $5,166.09 would be considered part of the match of the $250,000. I know several individuals in the community are working with the Health Center, I am not involved but I have been trying to stay abreast of what is going on. This is not the first request that we have had, either from churches or other non-profit organizations, for waiver of fees. A motion was made by Mike Reuwsaat, seconded by Sherry Millner, that the Council approve Resolution No. 97-116 waiving all permit fees for the Marana Health Center for the completion of this project. Mayor Ham returned to the dais at 8:53. L. Mayor and Council's Report Sherry Millner: I just want to say I had a great time at the Heritage Highlands Golf Resort. Lunch was wonderful, the facility was great, it was rainy and cool and it was beautiful. Roxanne Ziegler: I spoke with Fran Zimmerman, as I said I would at the last council meeting. She is happy and appreciative. Vice Mayor Sutton: I have been out of town, in Casa Grande, for the last couple of weeks and I am on my way out of town again. However, I did get to spend a little bit of time with Mayor Mitchell and they have a lot of exciting things going on there. We should be happy for them and enjoying their success. Mike Reuwsaat: I spent a week in Texas. San Antonio, in particular, is doing some really innovative programs with the building community on Iow and moderate income housing and will, actually, be receiving some national awards. The Builders' Association is the one that has instigated it and is pushing it. They are going to send us a video and some information on some of the lower income areas to see if we can get our building community to look at the type of program San Antonio is running right now. Ed Honea: I met with Ken Abrahams, representing Diamond Ventures, in regard to the Logan Hills Water Company and some discussion on that. It looks like they are willing to do a lot of the improvements over there. It could be a real asset to our community. I would like to give a report on the Fire Committee and the meetings we have had in the last few weeks. The Manager's Fire Committee consists of nine voting members, seven members from various communities throughout the area that do not have fire service at this time and two council members (Councilman Reuwsaat and myself). We had several meetings and several very good discussions, some of them heated. The committee voted 7/2 to proceed to Northwest Fire District with a 2o proposal to see if it would be acceptable to them so we could bring it back to Council. At the special council meeting last week, there were 6 out of the 9 voting members that were at the fire meeting. We made our proposal to the Fire District, they did not take a vote but, they are having another meeting on November 25th and they want to vote then. It has been discussed very in depth. We did not make this proposal to Northwest Fire as if it is from the Town. The proposal presented is what the committee is interested in, if they are able to do it. If they agree to it then it will come back to Council for further discussion and ultimate approval. Mayor Harn: I also attended the Hedtage Highlands event. I am working on the proposals for the Health Center so I have just been trying to stay informed from the staff, they really do work well and are very helpful. M. Manager's Report Hurvie Davis: I have some informational items to pass on to Council. Tangerine Road reconstruction from 1-10 to the Breaker's is almost complete. We are waiting for railroad approval to allow us to smooth out the grade as you come around on the transition so you have a nice 45mph speed design. Unfortunately, it is very hard to work with the railroad, they do not have anyone locally anymore. Once we do get railroad approval, to date construction time will be done on the weekend and the roadway will be opened up at that time. On December Ist, we expect to open Arizona Pavilions Drive, it is being paved today. The bicyclist will be using it this weekend for the Tour de Tucson. We still have some work to do at Jones Intercable, with some access there. Also, on December 1't, we anticipate having the signals at the Ina Road and Meredith Road intersection and at the Cortaro Road and Silverbell Road intersection finished. You have probably noticed, if not heard about, the construction at the 1-10 and Cortaro Road Interchange, That will be about a six month project. Roxanne Ziegler: Can we get a police officer to direct traffic out there or something. I will no longer be taking Cortaro Road. Hurvie Davis: We do have two police officers scheduled to direct traffic, they are scheduled to work from 8:00 AM until 4:30 PM. I will mention that to ADOT and see if we can get them out there earJier. I also attended the Heritage Highlands Clubhouse dedication and I was very impressed. Some information was faxed to us from the League of Cities regarding the appointment of officers by the Town. You had proposed some changes in the legislation. Arizona Revised Statutes 9-237, appointed officers, in addition to the common council, the office of every town shall have a town clerk, a town marshal, a town engineer and other such officers that are deemed necessary who shall be appointed as provided by ordinance of the Town, rather than biannually by the common council at the first regular meeting subsequent to the election of the council. If this information meets with your approval, we will let the League know, unless you let us know you have a problem with this. 2! XI. Mike Reuwsaat: Is this something that will move rather quickly, or do you need any letters? Hurvie Davis: I think so, I haven't heard any opposition. We will check with staff to see if we need to do any lobbying. Vice Mayor Sutton: I think we had a number of cities willing to sign on to that, too. So, I think we will have full support on it. Hurvie Davis: The Planning Department has produced a zoning map, that I just received today. I feel fairly confident in saying that every square inch of the Town has been identified as having a zoning on it and what that zoning is. I would like to compliment Jerry Flannery and his staff on preparing such a document. Copies are available to council members. Sandy Groseclose: I want to mention that the Town is having an auction this Saturday at the Public Works Department at 1:00 PM. Viewing of the items is from 9:00 AM until 1:00 PM, We can provide a list to you if you want it. FUTURE AGENDA ITEMS Ed Honea: I am very disturbed at how our council is operating lately, I accept a big portion of that blame, myself. I would like to see us have a Council Retreat, in-town, for a half a day or something. One thing the Town of Marana has always prided itself on, even though we have diverse opinions, is we have always operated extremely professional. People appreciate that and we have had a reputation for that. I think we should get together where we can have some frank discussions on what we are doing. I hope we will all be respectful of what each person here has to say and try to work together, or at least agree to disagree. I think this should be done within the next couple of months. Mike Reuwsaat: I am trying to figure out how near in the future our governmental agreement on flood control is. Hurvie Davis: We just about have the final agreement, we will let you know as soon as we are ready. Vice Mayor Sutton: I would like to have something on the agenda to look at whether we have anything on the books, in the way of ordinances or anything else, that gives us operating procedures for committees. ADJOURNMENT A motion was made by Vice Mayor Sutton, seconded by Mike Reuwsaat, to adjourn. The motion passed 6/0. CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Marana Town Council held on November 18, 1997. I further certify that a quorum was present. S A~LO'-S~, TOWN C~EERK