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HomeMy WebLinkAbout03/18/1997 Regular Council Meeting MinutesMI~I:'['FL% ¢)1: RE(;I'L.MI (~OUN(~I[, MEETIXG M.M~I.~.NA 'I'OT,T'N COUN('ll, MARCI'I 18, 199,'7 PLACE AND DATE Marana Town Hall, March 18, 1997 I. CALLED TO ORDER By Mayor Honea at 7:05 P.M. II. PLEDGE OF ALLEGIANCE Led by Mayor FIonea III. INVOCATION A moment of silence was observed IV. ROLL CALL Vo VIo COUNCIL' Ed Honea Sharon Price Tom Clark Ora Ham Herb Kai Sherry Millner Bobby Sutton, Jr. Mayor Vice Mayor, excused Councilman Councilwoman Councilman Councilwoman Councilman STAFF Hurvie Davis Dan Hochuli Sandra Groseelose Dave After Jerry Flannery Town Manager Town Attorney Town Clerk Town Engineer Planning Administrator 16 Members of the Public 2 Members of the Press APPROVAL OF AGENDA A motion was made by Bobby Sutton, Jr., seconded by Tom Clark and carried unanimously to approve the Agenda as presented. ACCEPTANCE OF MINUTES A motion was made by Bobby Sutton, Jr., seconded by Sherry Millner and carried unanimously to accept the minutes of the Regular Town Council meeting of February 4, 1997. CALL TO THE PUBLIC/ANNOUNCEMENTS Sheila Sedig, 12450 N. Derringer: ls the assistant Scout Master for Troop 218, whose son Jason is a Star Scout. First of all she wanted to thank the Town for giving the troop the opportunity to be in the parade, which is the first big thing the troop has done and it was a lot of fun. She also wanted to let the community and the Council know about an MARANA 'l'OX, X N COUN('IIf, M.M,ICII 18, 1997 upcoming event: the Scout Show which will be April 19 and will be held at Christopher Columbus Park. "Delivering the Promise" is the slogan this year and tickets are available for $3.00 which with the coupons (for several different businesses) and admittance to the events they are worth $20.00. She also stated if anyone is interested in placing an ad in the program, she would be leaving a copy of last years program and a few ad's with the Town Clerk, along with her phone number. She closed by saying "if you know a scout in you community, please support them by at least buying a $3.00 ticket. And if you have a chance to go to the event, it is so much fun. You'll get do a lot of things and see what the community does in terms of scouting." Ora Harm Is that atthe Sports Park? Sheila Sedig: No, that's at the Christopher Columbus Park up on Silverbell. However, if it is something we can do at the Sports park, I can let the local Council know that they may want to"look at that for next year. They're always looking for a different place to have it every year. Ora Harm Wanted to take this time, as a Council Member, to thank staff and the many people that worked on our Founder's Day program. She stated everyone put in a lot of effort to make this even outstanding. Feels it may he one the finest Founder's Day. Sherry Millner: As Chairperson of the 20th Anniversary, I wanted to thank the committee that I had, they all worked very hard. They put a lot of long hours in, we had a great mm out and we had a lot of fun. I would like to say thank you for everyone that participated. Hurvie Davis: Commented he was a little neglectful at the park when asked to MC thc identification and recognition of people that played a major role in the founding and the movement of the Town up to this point -- he failed to recognize the committee and the staff and all the people that put in such hard work, in making it successful under the leadership of Council Member Millner. He wanted to apologize and second what has been said this evening. VIII. STAFF REPORTS IX. GENERAL ORDER OF BUSINESS A. CONSENT 1. Ordinance No. 97.05 - Amending the Personnel Policy by Deleting Appendix IV, Town Staffing Pattern 2. Resolution No. 97-24 - Canvas of Town of Marana Primary Election Held March 11, 1997 2 MINI?['I:..~ (')1' RI"~(';I, I,AR C'O(;'~CIL ¥11'J'TI'IN(; M;XR.-XNA 'I'ON,N. N COUNCII.. MARCll 18, 1997 3. Ordinance No. 97-01; Second Reading; Equal Employment Opportunity Policy - Amending Article 01 of the Town Personnel Policy by Adding Section .01, Equal Employment Opportunity Policy 4. Resolution No. 97-21 Town/Marana Unified School District Intergovernmental Agreement for the use of the Marana Park Pool 5. Resolution No. 97-22; Continental Ranch Active Adult Center - Request for Approval of a Single Family Detached Home Subdivision Preliminary Plat Located at the Northwest Corner of Coachline Boulevard and Twin Peaks Road in a Portion of the Northwest 1/4 of Section 20 and the Northwest 1/4 of Section 21, Township 12 South, Range 12 East. Property Owner/Applicant is Del Webb's Coventry Homes of Tucson, 1565 East Rancho Vistoso Boulevard, Tucson, AZ 85737 A motion was made by Ora Harn, seconded by Bobby Sutton, Jr. and carried unanimously to approve the Consent Agenda as written. B. PUBLIC HEARI/NG; Ordinance No. 9%06 - Consideration of Approval of a Request by Winters and Associates, Inc., to Rezone Property Located at the Southeast Corner of Camino de Oeste and Moore Road in the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 11 South, Range 13 East, Assessor's Tax Parcel No. 219-34-0040, from "C" Zone (Large Lot Zone) to "R-6" (Single Family Residential, Minimum Lot Size 6,000 Square Fee0 and "VC' (Village Commercial). (continued from February 18, 1997) Hurvie Davis: Stated this is a public hearing on the rezoning of property, approximately 20 l/2 acres located at Camino De Oeste and Moore Road -- from the existing zone "C" which is a large lot zone to "R-6" Single Family Residential and "VC" Village Commemial. This has gone before the planning commission, the commission recommended denial of it. The Planning Administrator recommends "R-8" and "VC", the Manager recommend approval of the "R-6" and "VC". Also, contrary to my report this evening where it is stated the subdivision will have a density of 7.2 residents per acre -- that number is incorrect -- it is something like 4.1 which is in keeping with the density of the general area. Jerry Fiannery: Commented the Planning Commission recommended denial on this property and this rezone on November 20, 1996. The Marana General Plan talks about compatibility with surrounding land uses and specifically it mentions similar type densities within 1/4 mile, this property is within 1/4 mile of Heritage Highlands which actually has a density of betwveen 3 and 4 residents per acre. That would qualify this under that category of the General Plan, With that, staff is recommending approval of the rezoning with the conditions as stated. Maria Tschampel, 1600 W. Turtle Dove Lane: Stated her family has lived here since 1948, in I/4 section just north of the subject property. She objects to this particular .MI~I"'I'I.:.~ ¢)!.' RI-X;I [,.'01 COUnCil, MI.:I'J'I'IN¢; MARANA 'I'(}~'N (~OUNCll, : MARCFI 18, 1997 -- re~ni~ She~me~d - the staf~ repo~ of November 6, the existing commercial notes and the ~spo~ation plan, would be inappropriate according to the Towns own plan. Secondly, she referred to a letter from the Wildlife Game and Fish Department, June 12 addressed to the Winters Corporation from a Mrs. Sherry Wither, habitat specialist -- citing all the endangered wildlife there. Jerry Flannery: Stated there was a written object received from a property owner immediately south from this property and it was verified that the property is 1 of 5 and they would constitute 20% of the objection within 150 foot radius of the property. It was confirmed with Mr. Hochuli's office that a super majority vote by the Council is necessary on this one. Being that one Council Member is absent it would have to be 6 to 0 for approval. Carl Winters, 270 N. Church: Represents the company and the property owner, who is here and ,~ill follow me. He gave a brief history of the property -- it was annexed into the Town of Marana in 1989, at that time the Council required that somebody wanted to be annexed to prepare a plan that complied with your General Plan and present it to the Town Planning Commission and Mayor and Council prior to even preparing the annexation petition as well as a fiscal impact study that reported when development would occur, what kind of development would occur. That was done. We couldn't find the plan after all these years, but he did find the fiscal impact study that was based on that. In the old Marana General Plan, staff believed the commercial did not comply with the Plan; the new General Plan, adopted by the Town of Marana recently it was clarified that this request does comply with that Plan. Mr. Winters pointed out that Tangerine Road is planned by the regional government as a major transportation arterial that would loop around the entire community, He made references to drawings that were passed out -- the drawing that relates to the inner face between the residential area and the commercial area and the inner face along this major arterial roadway which is dedicated 150 foot right-of-way, Camino de Oeste is a dedicated 150 right-of-way and this would include how an additional 30 feet would be screened. That would be I50 feet from the center line or 180 feet from across the road. He wanted to have that entered into record because it is a commitment between the company he represents and Town staff, should this be approved. Mr. Sears owns a significant amount of property in the Town of Marana. His most recent project within the Town of Marana includes the Super K and those stores on the Ina, Thomydale area. They have always been up front with the Town of Marana on the plans for all those properties. The last issued addressed was why "R- 6"? Continental Ranch has some small yards, if you take a typical lot which is 105 feet deep and a minimum of 55 feet wide -- if there's a 20 foot front yard (which is pretty normal) -- there'd be a combination of 45 feet and there'd be a 60 foot rear yard. If the house would be widened to about 1,500 square feet, there'd still be a 55 foot rear yard. In addition, we have provided an extremely large detention park area. The wash that feeds into there is rather minimal -- it carried 140 cubic feet a second and 100 year storm, this is a very large detention basin for that small amount of water but it's intended that way. It'll be a real park, it'll have real playground facilities and it's the entrance to the project. ...... Ill.:Gl i,.'~R (':O[:M?][., '¥I1.:1'71:~,~'G ................. MA RA N.,'L 'I'ON,N. N COl ;NCI l, M.,~RC;I! I~, 1997 Rex Sears, 7256 Cathedral Rock Rd.: Addressed 2 issues. I) There is an opposition letter that was sent by Mr. LaRue. In the letter he's claiming the property was set up for fairly open type spacing. Mr. LaRue bought the property from Mr. Klaus, Mr. Klans bought the property from Mr. Sears. When selling to Mr. Klaus he has tried to explain what was intended to be done with the property. What he (Mr. Klaus) decided to do with his was he sold out numerous pieces as it went along. Mr. Sears wanted to make it clear as to what his intentions are. Mr. Sears commented the plan submitted at the time of annexation is the same now and he didn't know if Mr. LaRue bothered to check into that. The second thing Mr. Sears wanted to comment on was he's attempting to utilize the areas for the best use of the people that will live there. He feels the park idea is a fine one, it provides a place for the kids and their mothers to be able to enjoy. Bill Kazaros, 3331 W. Picasso Pl.: I wasn't expecting to speak, but decided to anyway; I'm the president of Tortolita Wells. We serve the owners of that particular area. Two people who subscribe to our water company is Mr. LaRue and Mr. Sears. I wanted to make it cle~:, Mr. LaRue's been a member of the water company for 3 or 4 years -- there was never any discussion about restrictions on the property. In other words there was never any discussion about the property could not be developed in one way or another. Mr. LaRue should have been aware of that. Mr. Kazaros also mentioned both Mr. LaRue and Mr. Sears have been good members of the water company. Bobby Sutton, Jr.: Why was it denied by the Planning and Zoning? Does this in fact complying with what our General Plan is supposed to be doing for us? Jerry Flannery: The short answer to that is yes. The longer answer to that, is the original General Plan approved in 1987 was broad sweeping with these categories and it had certain criteria that stressed certain nodes for commercial. That's why the original submittal to the planning commission was denied. The General Plan that was approved and was vested March 4, specified this area as a CD Zone (Community Development) and that zone says that if you're going to have commercial, it has to be in conjunction with residential and there has to be a connection between residential community as well as the commercial. This is in close proximity to a number of infrastructures such as sewer water and it's also in close proximity to a density that's similar in nature I think staff stands by their recommendation that clustering of those neighborhoods would be okay and that "R-8" would be satisfactory. And the "DC" could be allowed to be developed under the General Plan. Herb Kal: Is your recommendation that we maintain "R-8" which is 8,000 square foot lot size which would be not to exceed 4 rack per acre on build out? Jerry Flannery: That's correct, I think the reason staff recommended "R-8" was knowing that you can go down, every square foot that you reduce the lot size, so if you went down to 7,000 square foot Iots -- you'd have to put 1,000 into open space and we were looking for some of those fine washes to remain in open space and therefore allowing more of a cluster. Herb Kai: Mr. Davis corrected himself and stated that "R-6" was not 7.2 residents per acre it was 4.1, is that correct? 5 .MI NI'TI":.S O1: I{I,.'.GI. I,AR COUNCIL ,MEI.:TIN(; MARANA T¢)WN COE:NCi l, MARC:Icl 18, 1997 Jerry Flannery: That is correct. Herb Kai: So, your "R-8" would be how many rack? Jerry Flannery: The "R-8" actually comes to about 4.39 residents per acre. Herb Kai: One more quick question -- is a 2-acre park site adequate for a development of this size or is it just because the retention basin worked out to that size. Jerry Flannery: I think the retention basin is based on the drainage study that somebody has conducted on a site analysis so if that 2-acre is utilized as a park, most definitely it's adequate for this project. Herb Kai: It's big enough for the number of homes then? Jerry Flannery: Yes. Tom Clark: Say there's a large rain fall in the Tortolita's, is there a drainage way at the far end of the park for it to go back down into the wash? Jerry Flannery: I can answer some of that question but then I'll have to defer the drainage part to Mr. Atler. As I understand it, when you conduct a drainage report it's typically with the subdivision plat, the detailed drainage study will be done and conducted with the plat. Now there is a provision in our Flood Plain Ordinance which requires some retention and the historical flows be 90% offthe property. Dave After: What they would be required to do is to discharge an existing discharge point and not exceed what is occurring there currently. So they're not going to be adding flows. Tom Clark: Commented that has a way of allowing it to go into the Iow area and then escape at a slower rate. Dave After: That's correct. Tom Clark: When New World Homes came to us, at Tangerine and Thornydale, they had a long thin retention/detention basin at the south end of their property. That was a real concern of those homeowners to the south of them and to the west of them that they didn't feel that was an adequate detention area to stop larger flows going into the little washes and arroyos and the back and front of their homes. I like the idea of this better; to see a 2-acre park in a 33 acre subdivision is something you don't see very often. Especially if it's going to be utilized as a park. l just wondered, how deep will the water stay on the park? Carl Winters: Commented -- rarely in the summer monsoons flow, is that ever going to fill up because normally you're going to get 2-year storm or 5-year storm. So it'll be a MINI;'rl.2~ ¢)1: RI:.(;I'I.AR C¢)UNCli. MI.LI"'I'ING M,XRANA 'I'OXT N C()['NCII, MARCII 18, 1997 relatively minor amount of water. It'll perk out within 24 hours or it doesn't meet your flood plain ordinance. Tom Clark: That was the concern I had, because I didn't want the water to be standing for any length of time. Dave Atler: Actually the 100-year storm has a 1% chance of happening in any calendar year; the 2-year storm has a 50% chance of happening in a calendar year -- in particular during the summer storms. It's difficult to answer your question at this point until they do the hydrology report that comes in with the preliminary plat. Depending on the configuration of the basin, the 2-year storm which is a very likely storm occurring, could either be very shallow or very deep, but then again it depends if they make a small basin for the 2-year, it'll be deep -- if they spread it out it'll be shallow. We're going try to follow some examples other jurisdictions have where they put in smaller pipes, like 6 inch pipe th~it all the water will go out and we'll never have more than 6 inches of water say standing for a lengthy period of time. Tom Clark: That's the same concern I have had will all of these subdivision, they go up there in the sloping hills and even though it may look like a small wash, but there's time when that small wash can really carry a load of water. A motion was made by Ora Harn, seconded by Bobby Sutton, Jr., and carried unanimously to approve option 2 - Ordinance 97-06 going from "C" zone to "R-8" and C. PUBLIC HEAR~G; Resolution No. 97-19 - A Request for a Variance to Allow a Setback Reduction on the North Side of the Property From Thirty (30) Feet to Ten (10) Feet, Adjacent to R-36 (Single Family Residential, Minimum Lot Size 36,000 Square Feet) Zoning on a Property Located at 6910 N. Camino martin in the Northwest 1/4 of Section 6, Township 13 South, Range 13 East, Assessor's Parcel No. 101-05-0130, Case Number VAR-9704. Applicant is A/Z Security Self Storage, Lewis Johnson, Agent 6910 N. Camino Martin, Tucson, AZ 85741 Hurvie Davis: This is an application requesting a variance from the provisions of the Town Code. The property was rezoned to "HI" by ordinance 96-42 on December 3, 1996. It's property is located at 6910 N. Camino Martin, south of Ina Road. Staff recommends approval of the variance request to reduce the required side yard set back on the north side fi'om 30 feet to 10 feet. Jerry Flannery: Stated he recently received a protest to the variance, however there are letters from property owners in support of the variance. The zoning in this area is mostly going to "HI" a lot of the l-acre lots in the Jeremy subdivision are going to "Hi". Staff doesn't feel that requiring the developer to have, he can go with 10 feet on one part of the property where it's a budding "HI" zoning and then making another 20 feet south so he can meet the set back for the residential set backs. We feel that the variance and the use are appropriate. 7 .%II~i;'I'EN Ol" I,tF.(;I. I,AR CO('N(?IL MEETIN(; .M:~R.'~.~.,~ 'I'f)TT'¥ COI:NCII, ~'I.M'tCII 18, 199'~ Bobby Sutton, Jr.: All the property that's abutting is "R-36", right? Jerry Flannery: On the paper that I had Sandy pass out, directly north there's lots 1 - 8 on Jeremy subdivision, there's a 1 acre lot that abuts Camino Martin that is actually "Hi" and there's a couple of lots immediately north in between that are "R-36" I acre lots. Lewis Johnson, 7020 W. Avondale Pl.: Indicated the property he owns is rezoned "HI". Most if not all the property on north Camino Martin border on the east side and west side of the property. The 3 parcels north of the property on the comer of north Camino Martin at Jemmy -- the owners have both acknowledged they aren't in favor of the variance, however both individuals have informed Mr. Johnson their property is for sale at this time. They are looking for a buyer who would use the property for some type of commemial use. He wanted to comment about the map that Council has -- the blue indicates the 10 foot utility easement that is required at this time. The red indicates a 15 utility easement to the property owners on the north half. This is a commercial property -- which has trailers and there are horses on there, most of these are being used for stables and also trailers. Mr. Johnson is asking for a variance on a comer piece, the set back is already 10 feet so them is no request at this time. There is a side yard set back of 30 feet and he's requesting with the approval of the property owners to have sparing for 10 feet. Mayor Honea: Asked Mr. Flannery about the Variance protest. Jerry Flannery: The protests in a variance does not apply. The super majority vote does not apply on this. Tom Clark: Mr. Johnson there was a thing in there with Northwest Fire about having 7 fire hydrants and then recommendation for sprinklers -- has that been met with their approval? Lewis Johnson: To be honest with you, I've never seen that recommendation from Northwest Fire. Jerry Flannery: The requirements by Northwest Fire were required through the rezoning process, so those are actually a separate requirement than the variance. Tom Clark: I understand that, I just saw that their concerns in there about having sprinklers on the facility and other things like that. Jerry Flannery: Northwest Fire's requirements will be met, if the Building Department also classifies this as a certain type of use -- certain sprinklers will be required, yes. A motion was made by Bobby Sutton, Jr., seconded by Tom Clark to approve Resolution 97-19. :%1151 "rl.':..~ (.)!-' Rl".(;I I..AR COl'N(. Il, MAI{ANA 'I'¢)~T N ¢:OUNCIL '~IAI',L(.H IS, 1997 ....................................... D. PUBLIC HEARING; Ordinance No. 97.07 and Resolution No. 97-23 Amendment to the Marana Land Development Code Adding title 17~ Landscape Regulations and Changing Portions of Title $ Relating to Landscape - Request for Consideration and Approval of Landscape Requirements to be Intergrated into the Town's Development Code, Including Minor Changes within Title 5, Zoning, Relating to Landscape Requirements in some Zoning Classifications Hurvie Davis: This is an amendment to the development code to incorporate landscape regulations for the Town. As I recall, we don't have any at the present time, we've been using Pima counties and we have proposed certain landscape requirements here as part as a development code. Jerry Flannery: This item was presented to you on February 18, 1997. We had a Council me'ting after that to discuss the issues in more detail, because of that we have taken out the mandatory requirements so we included May instead of shall That gives the option and flexibility to the Council whether or not landscaping requirements would be necessary. It's been modified to exclude individually owned residential lots from the landscaping requirements regardless of the residential density. We made the modifications in the ordinance as well as the code amendment. Ora Ham: It really addressed my concerns and I'd like to thank Jerry because he took a lot of time and sat down with me and I think we worked out something that will be beneficial to the Town later on. Mayor Honea: 1 think it worked out very well. I was very pleased with the outcome. A motion was made Ora Ham, seconded by Bobby Sutton, Jr. and carried unanimously to approve Ordinance 97.07 and Resolution 97-23. E. Pima Association of Governments Agenda - Review and Direction Hurvie Davis: Commented in Council's packets is the Agenda from the management Committee. The Agenda for the PAG Regional Council has not been received, The only thing Mr. Davis wanted to bring to Council's attention was the 208 plan amendment update. Mr. Dorkan was trying to do the La Mirage rights project. He went through the process to get the 208 private package plant to be built and operated to serve the La Mirage -- perhaps it could be connected to Adonis subdivision as well. He had a one year time frame, a milestone in which to obtain a multi-way effluent agreement. That would mean a multi jurisdictional effluent agreement between Pima County, City of Tucson and Marana. He was unable to meet that milestone. The PAG gave him a 15 month extension, which is up this month. It came before the Management Committee to make a recommendation whether to extend or withdraw the 208 from that fund. At that time I had some conversation with Mr. Young from the City of Tucson. I felt it was almost an impossible task to ask a developer to bring about a multi jurisdictional effluent agreement involving the City of Tucson, Pima County and Marana. As a result, we have recommended to the PAG Regional Council that they remove that milestone from the MINI.'TIL~ ¢)1: RF. GI. lAB C¢)t'N¢'II, MEI.TrIN(; MAR.,~A 'I'¢)W.~ COUNCIl. '~I,.M~tC[I 18~ 1997 requirements of the developer. It is not within his abilities to pull that off. That should be and is the responsibility of the 3 jurisdictions involved. It passed unanimously at the management committee. This issue goes back to a 1979 intergovernmental agreement between Pima County and City of Tucson, involving water and wastewater agreement. Which City of Tucson would be the regional water provider and Pima County would be the regional wastewater provider and the City of Tucson would get 90% of the affluent. Mr. Doerkin was working with City of Tucson to get an effluent agreement. The City prepared a draft which indicated that the package plant would be built by the developer, turned over to Pima County, operated by Pima County and Tucson would get the affluent. Myself and other staff associated with it agreed that there was no way that would happen. I called Mr. Guiterrez, City Manager for Tucson, and let him know how displeased we were because it's not in keeping with the negotiations that we have held in the past regarding water and wastewater issues. I called Mr. Guiterrez and suggested perhaps Mayor Miller, Mayor Honea, Mr. Guiterrez and myself meet to try and resolve this issue b~'~ause it is a serious problem in staffs opinion. Council Member Clark and myself attended a press conference in Mayor Miller's office, along with Metro Water and Oro Valley. City of Tucson indicated they would plan to release a proportionate share of the CAP water to Metro Water, Oro Valley and Marana in the spirit of cooperation and moving forward. The very next week or two, this issue of the effluent comes up. It's not in keeping with the general intent of the policy of the Town Council to allow us to ride the water and Tucson get the rights to the affluent simply because of the 1979 agreement between Tucson and Pima County. Ora Harn: Advised she received a letter from Brown and Bain addressed to Mr. Huckleberry and Mr. Davis. She asked if Mr. Davis received that letter. Hurvie Davis: Yes, Council Member Ham [ have. Ora Harm Because it says that the City of Tucson has released the City's interest under the County/City -- and they have reneged on that? Hurvie Davis: That goes to show you how much confusion exists, not only internally within the City apparently but externally as well. In my discussions with setting up the meeting with Mr. Nutbar and Mr. Young, it was not their understanding that the City had taken any such action at all. Herb Kal: I wanted to reiterate Hurvie that is a very good point. The City of Tucson has always said we have generated and we have pumped all this ground water and so we own it after it comes out of sewer treatment plants. But, being a Town ~ve'll be generating their own water, pumping their own water. No way, you must be consistent with their policy and of course they, they'll change vote in the middle of the stream. They should recognize that and allow Marana to retain the effluent water. Mayor Itonea: I think the basic discussion we've had with some of the City staff was, were basically trying to work an arrangement to where any effluent generated through our pumping in our community would be ours, including Ina Road. If we eventually start serving Continental Ranch which we hope to do sometime in the future, a certain l0 MINI:'i'ES 01.' Ill".Gl'l. kR COI,"N('II. MF.I,'TI,xG MAIIANA 'l'O'~¥n; COUNCIl. MARCll 18. 1997 amount of tbat effluent would be oars. ! think eye,body seems to be fairly consistent with the fact that if a developer builds a plant in our Town and we're furnishing the water, we will have the effluent and hopefully we can work that agreement. Hurvie Davis: Stated he attended a workshop held by the Bureau of Reclamation. There were between 40 and 50 people in attendance with representatives from City of Tucson, Pima County and Metro Water. The purpose of the workshop was to discuss the issues of effluent, but no discussions really took place. Mr. Davis felt we should have gotten some issues on the table, but the crown was too big. Mr. Davis left the meeting about midway. Mr. Gutierrez did express regional cooperation and so forth. Mr. Davis commented maybe he's alarmed Council, but perhaps this issue, that has been sidetracked, will get back on track. Hopefully his next report will be more positive. He stated he hopes it would be voted to relieve the developer of the milestone for the multi way effluent agreement, at the PAG Regional Council meeting. Ora Harn: These 208 permits hard to come by and we've fought hard for this one and I don't know what we're going to do with it now because I would think that maybe if we can't resolve the affluent issue maybe we could continue the item on the agenda but if we do that we may loose the 208 permit. Hurvie Davis: Yes, we need to keep the 208 permit that we have, I don't think that would be jeopardized at the PAG Regional Council. I think that will support the release of that milestone and simply allow the developer to continue to work to meeting milestone #2 and #3. I think it was originally 5 milestones, if we eliminate the first one there'll be 4 that is the developers responsibility to accomplish. It's within their ability to accomplish. Milestone #1 in my opinion is not within their ability. What we ought to have is a regional sewer system extending into Marana to serve Marana. And we wouldn't need a small package plant. Ora Itarn: Advised if any of the Council Members wanted something brought up at the Regional Council meeting - to get with her. No action taken. A motion was made by Bobby Sutton, seconded by Herb Kal and carried unanimously to go into Executive Session at 8:20 P.M. F. EXECUTIVE SESSION - Pursuant to A.R.S. Section 38-431-03 (A) (4) & (7) for Discussion, Consideration and to Give Direction to Legal Counsel for the Negotiation, Purchase, or Condemnation of Certain Real Estate Adjacent to Tangerine Road Near 1-10 to Provide for the Realignment of Tangerine Road Back in Session at 8:57 P.M. MAYOR AND COUNCIL'S REPORT Sherry Millner: I haven't done anything but 20th Anniversary. - that was enough. 11 MINI'TE.% OF RI.~(;[ i,.Mi COI[~NCIL M1.;E'I'IN(; MARANA '1'O~,~ N (~¢)UNCIL , MARCII 18, 1997 Bobby Sutton Jr.: Since the vote that we did on the Twin Peaks rezone, ! kind of committed myself to follo~ving through with the developer with the possibility of the Linda Vista 1-10 exchange. There's been some quick response now that it's almost on the table, on what we need to do. Property owners are seeing the potential value of their property once that goes in. I am going to get more involved with that. He also spoke about the softball game at the 20th Anniversary. We were losing 19 to 0, so the Mayor and he decided to put 20 points on the board for us. He stated Mr. Rick Westfall is probably not a member of the Chamber but he brought in several of his ringers. He thinks we're going to try and organize that a little better and get actual members of the Town and members of the Chamber. We still had a real good time and it was all in fun. He commented the cheerleaders weren't there either. Herb Kai: No Report. Mayor Honea: Basically the only thing I wanted to do is just give my two cents on the praise for the 20th Anniversary Celebration. I thought it was just a class act from start to finish. The employees that got the park ready did an excellent job. It was very positive, I thought it did a lot to bring some of our founding fathers and mothers into the fold. I think our Council Member Millner and our staff need to be commended for just a super job. General Campbell I think was impressed and we were very pleased to have him. Tom Clark: I know my folks personally talking with them, they really enjoyed meeting with all the old Council Members and seeing people they haven't seen in a long time. They were very appreciative for being invited and actually postponed the trip back down to Mexico so they could stay here for that. Jim Key deserves special recognition in getting everybody ready for the parade. Ora Harm I would like to thank everybody that helped us with the breakfast. I also wanted to report that we had our first committee meeting for the search for the Assistant Town Manager. Council Member Kal and myself, Vice Mayor Price, our Town Manager and Jane Johnson met. We have asked 2 other people to join our committee, Dan McQuade and Chuck Sweet, the Town Manager from Oro Valley. We are going to have another meeting on Friday morning at 9:00. We decided that we would put together a list of questions that would be asked to all the different candidates that we interview. We might also ask for a written project of some kind to get some idea of the candidates ability to present information in writing. I think it's going along very well. Mayor Honea: Do you intend to narrow it to what you consider to be the 2 or 3 best candidates and then basically the individual would come before the entire Council or something. Ora Harn: One of the decisions the search committee made -- we would see how many candidates the search committee thought were fairly decent. We would then turn these candidates over to our Town Manager, who would then make the selection of what he thought was the top candidate. Then our Town Manager would come to you as a Council and present what the Town Manager felt was the top candidate. q2 'S, llNl"rl.~ OF I~I.'%,TL I. ~.l.I CO[;N('IL MI:;E'I'IN(; M A RANA T()~,¥N COT~'NCi 1, MAI,TCII 18, 1997 Hurvie Davis: I would make that appointment subject to the concurrence of the Council because it really is an Assistant Manager. If the committee is operating as a committee that reports to the Council then it's a committee that is open to the public and have the meetings open with all the interviews and so forth and we didn't think that that was what Council had anticipated, however it is up to you. Mayor Honea: I was just curious so we would know how the procedure was going. I don't have a problem with that, unless somebody else does. Herb Kal: We just thought that it would make our committee meetings go faster if we could handle it this way without having open meetings. Ora Harn: We felt our Town Manager would bring that person, that's been reviewed by the committee and by our Town Manager, before the Council. The Council will then decide, ratif~ in a sense a selection or not ratify the selection. Whichever is their choice. Herb Kal: We might add that if any of the other Council Members would like to go through all the applications. Ora Harm Stated there are a lot of applications, so maybe once it's narrowed down to 5 or 7 then they can be made available to all Council Members to review and get some idea of who's being interviewed. Hurvie Davis: We would make it clear also that that person would be performing as an assistant Town Manager and upon my departure, whenever that is, no later than May of '98 that they're still subject to the Council appointing that person as the Town Manager at that time. Council would have to take specific action to appoint that person. H. MANAGER'S REPORT Hurvie Davis: I have 2 items for you this evening, both of them are bad news. Eve already given you one under the PAG report I will give you the other one here, if you don't mind. Last week, Mr. DeSpain, Mr. Condit from CMiD and myself met with Supervisor Sharon Bronson to discuss the funding for the Bank protection on the Santa Cruz. We basically agreed because they have asked for permits to be issued to go over and do the recharge basin over, offof Sanders Road. They've asked for a permit to go in and start excavation of the spreading basin. It has been our understanding the bank protection started out with Phase I, down to Tangerine Road Landfill. Last year we learned that Pima County had now found a way $6,000,000 which supposedly in the next bond election for Pima County in May~ We said, okay that sounds good, as a matter of fact we are co-applicants with Pima County on the Recharge project but it was supposed to go hand in hand. Recent meetings, representatives of Pima County have indicated that those projects are no longer tied together. We had some serious reservations about issuing a permit. Issuing a permit to them to go across from Honea Heights and start digging recharge basin without the bank protection. As a result of that meeting last week, it was my understanding, that these projects were tied together and they would go hand in hand. We asked Mr. Huckleberry to put that in a letter in which we were going MI'~I'TI-'.S OF RI.:(;I:L.M~ COIiN'(~I[. MI.'I,FI'IN(; MArAN'A TO~,~N COI'.'NCll. M^I,ICII 18, 1997 to use that as a basis for an intergovernmental agreement between the Town and Pima County in relation to this project. Mr. Huckleberry's letter in the second paragraph, last sentence of the paragraph says "Our position simply stated is that we will not construct the replenishment project without the levy's project or vise versa". Which means that if the recharge project doesn't go, if they don't get the funding from CAWCD (Central Arizona Water Conservation District) for the recharge we don't get any bank protection. I don't think that we want to jeopardize or further threaten the Honea Heights neighborhood by allowing excavation on the opposite side of the river in the flood way, without the bank protection. We will probably draft an IGA back to Pima County, tying the two projects together and that the bank protection will go and the permits will be issued to Pima County for the excavation of the spreading basin at the time that the bank protection is under construction. Mr. Huckleberry said the $6,000,000 will take it all the way to Sanders Road. I don't know how he's doing that, because before it was $16,000,000~just down to Phase I-A which is Tangerine Road. And now $6,000,000 is going to take us all the way to Sanders. Now he has agreed to pick up some engineering costs, not included engineering costs and that I guess he's agreed to top off the Linear Park type of climate and things of that nature to bring some of the costs down, change some of the mixture of the cement material and stuff like that to further reduce the cost, which we think were inflated to start with. We're basically going to take that position and maybe this is an item that Council may wish for us to schedule on a future agenda. I would ask Mr. Atler if he has anything further to add to my report on that issue. Dave Atler: You covered it very well, I did send a letter to the Director of Flood Control District a couple of weeks ago regarding their permit request. I told them the Town's position, that it was our understanding that the two projects were correctly linked and asked for clarification. Also asked for additional engineering analysis on the recharge basins to show what if any effect it would have on the river and Honea Heights and some other areas. [ have not yet heard back from them on my letter. It went out week before last. Ora Harn: Are they not also going to ask property owners who's property has been taken out of the flood plain to contribute something to the project? Hurvie Davis: Correct, $500 an acre assessment at the time the property is developed. Herb Kai: That's a fair share ordinance. Ora Itarn: So we're talking about $6,000,000 that they're going to give to the bond to put on the levy and then they're going to come back and basically get back a lot of that $6,000,000 from the property owners themselves. Very frustrating. Hurvie Davis: I had one more item, today I met with Mr. Sweet, Manager of Oro Valley, Mark Stratton, Manager of Metro Water to discuss the release of the proposal by the City of Tucson relative to the CAP Allocation. Oro Valley and Metro Water are currently in litigation with the City of Tucson. Mayor Miller's announcement a week or a two ago, Council Member Clark attended that and myself where they would release 14 MINI.!'i'I':S Oli IO';{~bl .AR COUNCIL MEI".TING MARANA T(}WN COIJNCli., MAR{.:II 18, ~997 X. FUTURE AGENDA ITEMS XI. Ora Ham: ! have 2 items that 1 believe I would like to get on as future agenda items. one is the flood protection issue that I would like to be brought back before the Council. The other issue is future transportation, our roads and things. There's been a number of questions about some of the roads, such as Moore Road that have been on the works for a while. And then 1 would like to have an update on transportation -- where we are and how we're progressing. Mayor Houea: I had bank protection as well. Also, I had talked the last Council meeting and I wanted to make sure it's on the next agenda, even if I don't make the agenda meeting -- is the bus service, l just wanted to make sure it's on the agenda. Those were the two items I had. Herb Kal: I think an item that Dave said we were going to get on was looking at some transportation problem that you say Twin Peaks Road; and trying to earmark funds and whatever and comments from the Council. ADJOURNMENT A motion was made by Herb Kal, seconded by Bobby Sutton, Jr. and carried unanimously to adjourn the meeting at 9:24 P.M. CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Regular Council Meeting of the Marana Town Council held on March 18, 1997. I further certify that a quorum was present. 15