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HomeMy WebLinkAbout03/04/1997 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MARCH, 4, 1.997 III. PLACE AND DATE Marana Town Hall, February 4, 1997 CALL TO ORDER By Mayor Honea at 7:07 P.M. PLEDGE OF ALLEGIANCE Led by Mayor Honea INVOCATION A moment of silence was observed IV. ROLL CALL Vo VIo COUNCIL Ed Honea, Mayor Sharon Price, Vice Mayor Tom Clark, Councilman Ora Ham, Councilwoman Herb Kai, Councilman Sherry Millner, Councilwoman Bobby Sutton Jr., Councilman STAFF Hurvie Davis, Dan Hochuli, Sandra Groseclose, Jocelyn Entz, Doug Mapples, Brad DeSpain, Jerry Flannery, Jane Johnson, Town Manager Town Attomey Town Clerk Assistant to the Town Manager Chief Building Official Water Utilities Director Planning Administrator Human Resources Director 33 Members of the Public APPROVAL OF AGENDA A motion was made by Ora Harn, to adjust the agenda to bring item C to the first item of business under General Order of Business and item B under General Order of Business to be continued to the Council Meeting of April 1, 1997, seconded by Bobby Sutton and carried unanimously. ACCEPTANCE OF MINUTES A motion was made by Bobby Sutton, Jr., seconded by Sharon Price and carried unanimously to accept the minutes of the Regular Town Council meeting of February 18, 1997. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL M ARCH, 4, 1997 VII. VIII. IX. CALL TO THE PUBLIC/ANNOUNCEMENTS Doug Mapples: Introduced a new staff member, Cruz Shott, who is a Permit Specialist in the Building Department. Ora Harn: Wanted to remind everyone that Founders Day is March 15, 1997 and to come out and celebrate Marana's 20th Anniversary. Brad DeSpain: Introduced new staff from the Water Department; Ann Meaders, who is Water Administrative Manager and Floyd Foster, who is the Water Operations Manager. STAFF REPORTS GENERAL ORDER OF BUSINESS C. Ordinance NO, 97,04: Twin Peaks and Lambert Lane Rezone - Consideration of Approval of Ordinance No. 97.04 to Rezone Property Consisting of 652 Acres Located on the North Side of Twin Peaks Road and South of Lambert Lane in Section 18 and the Northwest 1/4 of Section 17, Township 12 South, Range 12 East, Assessor's Parcel Numbers 216-40-001, 216-40-002 and 226-05-032A, from Town Classification C (Large Lot Zone) to R-36 (Single Family Residential, Minimum Lot Size 36,000 Square Feet), R-6 (Single Family Residential, Minimum Lot Size 6,000 Square Feet) and MH (Manufactured Home). Applicant is Best Associates, L.L.C., 6339 East Speedway, Suite 200, Tucson, AZ 85710 Hurvie Davis: Before starting on item C, Mr. Davis wanted to state for the record that item B, which was continued was a rezoning of 40 acres of land located on the west side of the Tortolita Road and 1/2 mile north of Moore Road, David T. Cox is the applicant. Just in case anyone was here for the Public Hearing, that item has been asked to be continued. He advised the Twin Peaks Lambert Lane Rezone had been before the Planning Commission and Council several times before but was continued due to the transportation issues needing to be adequately addressed. Staff has been working with the developer quite extensively with affected property owners. He commented there were a number of concerns raised by the residents of Happy Acres on the potential impact on their community. He feels the developer has been working extremely well trying to address the issues of that neighborhood, and have made a number of concessions. He believes the transportation solutions that they've come up with are adequate. Mr. Davis asked if Council would like a summary, he would ask Mr. Flannery or the applicant to address the Council. Mayor Honea: Asked the applicant to give a brief synopsis of the application and some of the changes made. Mr. Barr: Stated they have worked closely with the Planning Staff and with the Happy Acres neighborhood to try and make adjustments. The project has been MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COIJNCIL MARCH, 4, 1997 bul'fered in a xvay that greatly enhances what is being done. As lhr as thc transportation issues, they've had several meetings with Mr. Davis and he went over his vision for the long range transportation for the Town of Marana and it was incorporated with this project in which allows more money to be put into what will be a solution for the over all northwest transportation corridors by planning a Linda Vista interchange aligned with Twin Peaks. A lot of the problems that are currently seen on Cortaro Farms Road could be alleviated. In the near future a full diamond interchange could be developed and an underpass under the Southern Pacific Railroad at the Linda Vista alignment which is two miles south of Cortaro Farms. By doing this, a lot of the traffic that is coming off of Thornydale, North Ranch country side, Marana Mt. View High School over to Linda Vista as well as the development from Coventry which has 3500 homes approved that will be developed in Continental Ranch and our project all coming across Twin Peaks Road and on to the Interstate. We have forwarded to you a financial impact analysis on our project and, as you review that, you can see that the potential financial impact comes out to about $29,000,000 at this point with everything involved. About $1,000.00 per home will be put towards the off-site road improvements. The average home price is about $155,000, so with the sales tax on the homes will be bringing in about $2,000 per home in that direction into the Town. So those two items alone are in excess of $7,000,000 that goes towards the transportation issues. The other thing covered was the aerial -- when looking at it, there are 652 acres; 617 of those acres are farm land. He's pleased to be working on a project where the desert habitat or any endangered species are not being affected, it makes what's being done easier. He stated by replacing farm land with housing development once the project is completely built out, 60% less water will be used than what is currently being used with farm operations today. We buffered the neighborhood to the north with 1 acre lots; 17 one acre lots along Lambert Lane, Quarry Road over to Airline Road, they are 150 feet wide and just short of 300 feet deep. We'll also be giving up 75 more feet of right-of-way along Lambert Lane so that buffers the homes to the north very well. The school site has been moved down to the south, away from the Happy Acres neighborhood. He passed around a small copy of a map that shows the Linda Vista interchange, which also shows an 18 hole golf course which solves a lot of the drainage problems. By the state-of-the- art water system that'll be put in, there'll also be fire hydrants along Lambert Lane so there is some fire safety that will be added. He feels there are health and safety issues that will be greatly enhanced. We also have 4 major recreation facilities, we're giving up 150 acres for the golf course and approximately another 20 acres for the other recreation facilities, which will include swimming pools, little league fields, soccer fields, 2 sport courts which cross over from basketball to tennis and also for roller blading. And then the golf course itself will have a full recreation amenity with a swimming pool, a spa, a restaurant, putting greens, driving range. Our over all density is 30% less than Continental Ranch so we think that we've reduced our density to a level that is not a tremendous impact based on the size of the project. The golf course will be watered with effluent, once the sewer lines are in, there'll be a high pressure line put in coming back into the same trench to bring the effluent to water the golf course. 3 Tom Clark: Questioned Mr. Bart as to the fears one man, who was at a neighborhood meeting at the Fire Department, who mentioned that some of the single homes on the 1 acre lots might, that the might, instead of coming back through the subdivision at Twin Peaks, that they might actually turn around and go north, was it Hartman Lane he was talking about? Tom Barr: No, it was Maybrook. Stated he and his wife went out and drove it over the weekend, we don't see it the same way. The 17 homes and the I acre lots will be restricted to one story, that is one thing that wasn't mention that was decided at that meeting. The driveways are going to be doubled up so there's 7 sets of two driveways side by side. There'll be a 5 foot masonry wall behind to be a buffer. In speaking with your Chief of Police, about the different things that will be done and how it ties into crime and safety, he didn't seem to see the same problem -- however, if there is a problem it can be handled with some signs. Tom Clark: Asked if the road is paved. Tom Barr: Yes, it goes up to Avra Valley, so they're using it as apposed to Airline and some of them use Quarry Road. Hurvie Davis: Commented he's been through Maybrook and as he recalls, there aren't stop signs between Lambert and Avra Valley Road. He stated if you have other traffic going through neighborhoods for a short cut, stop signs should be erected to deter those drivers. Most of the time, people love stop signs in their neighborhoods because the have children playing in the street and so forth, it is the choice of the neighborhood. David Bittle, 3520 E. Hampton, Tucson, AZ: Stated he is the plant manager at Arizona Portland Cement and wanted to express some concerns about the proposed Twin Peaks Development. He and his company are against the development for two main issues. The first being they are a mining company just like a copper mine. The company is in operation 24 hours a day, 7 days a week, 365 days a year. The company feels strongly that the people who will be buying the property need to know this beforehand. They feel some language needs to get in the A) Covenent conditions and restrictions, B) State of Arizona Real Estate Department of Subdivision, Public Reports and C) Deeds to the subdivided lots. He stated the mine makes a certain amount of noise, dust, vibrations and there is some combustion emissions from the fuels. The second issue was, the company is requesting a 50 foot set back on both sides of the Quarry Road, whereas the developers are only offering 25 foot set backs. He feels the 50 foot set back is not a lot to ask for, plus it will go a long way in controlling the complaints the company knows will come in after completion of the project. The company would also like to see an 11 foot barrier berm wall on either side of the road, rather than the 8 foot wall the developer is proposing. He stated the developer did do some noise study, however that dealt only with noise from the overhead conveyer when it's running. There was no study done that dealt with the large mine trucks. He made a statement as to how walls are being 4 built along the freeways today, that is what the company feels needs to be done on either side of the Quarry Road -- especially if the development is going to be done on either side there. Mr. Bittle commented the company probably sounds like they're on the side of non growth, which they really don't want to be on, especially in the business they're in -- they would hope that they're on the side of common sense. They feel putting 2,500 homes on either side of an active mining company doesn't make a lot of common sense to them. They feel 1 acre lots would be a much better decision and would hope that Council will include their 2 or 3 items in the zoning to alleviate problems down the road, that they feel they are going to have if it's not included. Russell True, 9251 W. Twin Peaks Rd.: Stated his family has been at White Stallion Ranch for 32 years, which borders on the South side of this proposed project. He commented that if development is going to occur, they strongly support the Best Associates Plan. They opposed other plans that included landfills and other things that would affect our valley in a very adverse manner. They feel that whatever goes on in this project will set the tone and create the direction for our whole area. They hope that this plan will be approved as it stands essentially. They have had several meetings and have addressed concerns with Best Associates and feel they have been addressed very well. That is the position the ranch on this project. Mayor Itonea: What's the size of White Stallion Ranch? Russell True: It's just under 3,000 acres. We basically go from Twin Peaks Road to the National Park. Les Wallace, 10450 N. Airline Rd.: Wanted to make it clear he is not anti- growth, but he does not believe the high density housing project that is proposed by Best Associates will either benefit the land or the community. First of all, it makes no sense to build a community of such density right in the middle of an active mining operation. He feels it is not the developers intention to actually build anything on the property, but merely change the zoning so they can sell out the property to the various developers of Continental Ranch. Secondly he wanted to bring up the access problem. He stated it doesn't matter how Best Associates try to direct the traffic, it is human nature to take the path of least resistance and the path of least resistance from this project to 1-10 is straight through Happy Acres. He stated that is unfair to the people living there. He commented he has spoken to many people in the Happy Acres community and they have agreed without exception that they were totally against this kind of high density development. If Best Associates has many signatures from people saying otherwords, it's only because these people have been convinced that they have no other choice. The Sonoran Desert is not only a need to this state and country, it is the only environment like this in the world. The fate of this very limited resource is in your hands, it's up to you to determine how this land will be used, not for present but for all future generations, so I'm asking you now to listen to the voice of the people. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MARCH, 4, 1997 Susan C. Fremont, 8917 N. Willeta Dr.: My husband and I have been residents of Continental Ranch for 3 years. We feel that this development could be an asset to Continental Ranch and the future development in that area and to Marana, because of all the good faith efforts the developers have made to the surrounding residents, to the City of Marana to make this development available to everybody I see any future problems as easily being worked out. I'm also a voter and a Realtor so I'm in the real estate industry, I see this as future jobs not only for myself but other people in the industry. I am very much for this community. Being in Continental Ranch I see it as a very high density development, I think the quality of a development is of the utmost importance and I think what they're offering here at Twin Peaks being of lower density only demonstrates that they've put in a lot of thought and consideration into this community. Which is what we need. Development's inevitable so, it should be of very good quality. Bobby Sutton, Jr.: Stated to the gentleman from Happy Acres, I spoke to personally some residents there and I don't know if we should disregard the letters received from people that changed their mind because the developer met their needs. Commented he can see Mr. Wallace feels very strongly about the development and hopes some importance can be put on what the Council is doing. Since Happy Acres is not in the voting district, Council is voted by the voters in Town, but Council still gives tremendous importance to Happy Acres because you're our neighbors. We've put a tremendous importance on that, we did a neighborhood meeting. People don't realize the hoops, red tape, everything we make a developer go through to come into our Town because we are growing. Square miles wise, we are one of the largest towns or city's in the state. We're going to be growing and what we're trying to do is come up with some textbook type developments that encompass everything. People might not realize, even the environmentalist, but 90% of this development is on farm land. I don't see how we can do better with that, using that land uses for what it is now, making it better and doing the best that we can because growth is coming and we want to get things, we're total master planned community. We want everything to work together. This Council and staff are working very hard at getting everything in line, you're never going to get exactly what everyone wants, but we're trying to do the best for everyone involved. One of the main issues that has brought me to really look at this project and what it's going to do for the future of Marana is the Linda Vista exchange. That exchange when it goes in is going to be one of the most important corners in Marana's history -- it will connect every part of Marana; it brings down the Tortolita Mountain part, it connects everybody within between Cortaro, Tangerine, it gives a focal point for all those people to have another place to get on 1-10. Del Webb is going to put in 3,500 homes and without this project, the traffic impact will be a major concern. He made the comment of the Cortaro interchange -- it was moved from a 5-year ADOT agenda to getting started in July and ending about December. Stated he doesn't know if anyone here has dealt with ADOT as far as getting work done near the interstate, it's near impossible and combing some people's efforts that was able to be done. He feels this Linda Vista exchange is going to benefit everyone and will get rid of some of the congestion that's being caused right now. That is what he liked about the project most. Stated he did a lot of research on this because Marana, growing like it is, everybody's reading about Marana in the paper. We're going through growing pains, those growing pains being that development is coming into our Town -- we have a lot to offer people. What Council and staff are doing is -- we're so strict at making people do exactly what we want to get an ideal development. We're trying to put all of that together and we're doing the best job we can. He commended staff for the job that was done. He commented that he doesn't know if everyone saw what the original plan was as compared to what it is now -- but the developers had to do a lot of things to come across to meet the Happy Acres neighbors. That with the Portland Cement issue caused it to go back down and that kind of led us to our conceptual design of the Linda Vista Interchange. He ended by saying, please understand that we are working real hard, not every persons criteria for development is going to be met, but we do the best job we can in providing a good master planned community for our Town Sharon Price: I have a couple of questions for Jerry; how many notices did you send out to the homes in the area? Jerry Flannery: For this project, over a period since August, there was a public hearing in August that we notified all the property owners within 300 feet, the I don't know the actual number of property owners, I think there was at least 50, there may have been more, I don't know exactly without looking at the file. We had that notice, it was continued from the Commission, but since it was continued so long until October we notified again and then when it went to Council we notified once more. Sharon Price: Have all of the conditions of staff been met? Jerry Flannery: The conditions that are part of this recommendation, are actual recommendations of part of the approval, if the commission so chooses to approve this rezoning tonight, then the applicant is required to meet these conditions. Sharon Price: How many people in this room live in the area of Twin Peaks? This is a real interesting question -- how many people here that live there are here because they want this project? [most of them] how many are against it? Thank you. Tom Clark: Discussed Mr. Bittles and Portland Cements concerns. He stated he can understand the concerns about that Quarry Road and this subdivision on either side of the quarry road. He also understands about the need to have walls put up for buffers. On the other hand, he feels perhaps when this development is built out, that if those concerns are voiced by the home owners association, it should be up to the home owners themselves or the builder of the homes to alleviate that noise problem and not up to Portland Cement to do it. He feels the burden of the responsibility should be on the subdivision. He's not saying that 7 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MARCIt, 4~ 1997 the 8 foot berm and other stuff that Best Associates is planning won't alleviate that, but a lot of times you don't know if these noises and dust and everything are going to be a concern of the neighbors until they move in. Sharon Price: You're talking about the residents having a vote, may I ask what the voting power is going to be? Tom Barr: It will be 3 to 1. Sharon Price: The other concern I have is that there's been a lot of changes since this has gone to Commission and the Commission has done a lot of reseamh on it and that's why they had disapproved it, I really think maybe they should have the opportunity to look at it again. Bobby Sutton, Jr.: Tom is there going to be anything at CC & R's or is it going to be just buyer beware that you have a road coming through this project that's going to be carrying some pretty big rigs? Tom Barr: We have been going back and forth with Portland and we have our attorney, Brad Brown who has been handling that, here. I'd like to have Brad address this really because he is kind of the expert on that. Brad Brown, Legal Counsel for Best Associates: In question of whether it's going to be a buyer beware situation is that the developer would be very foolish. It's in their best interest to fully disclose the existence of the Cement Plant, the Rail Road, all of the noise and vibrations and various issues. If you don't disclose those, you can find yourself in court. Most importantly, my estimations, we're not going to get past the Arizona Real Estate Board without getting the appropriate disclosures there. Those disclosures are required. I would ask you not to handcuff us with any particular language this evening because your requirements as to this disclosure and the Real Estate Board may be different than what we eventually will decide to put into those documents. Herb Kai: Expressed some concerns about the fair share ordinance. He feels Best Associates have made a big effort in trying to help solve the transportation problem with the Linda Vista interchange. We're talking about $25,000,000 to do this project. Thinks we need to have some consensus from the other builders to see if they're ready to participate in this transportation plan to solve our problem. Knows we had meetings with some developers and they really balked about the $1,000 impact fee per home. Hurvie Davis: You're right, I don't know of any developer in the past who has indicated a willingness really to step up to the bar and donate money. This is the first time in our community specifically that we've extracted a $1,000 fair share per unit off ora builder. I would submit to you that if you take that $1,000 and for each home that sells, the average price in this development is supposed to be $155,000, we tax 65% of that at 2% sales tax. the 2% sales tax on $155,000 home gives you $2,000. You add the $1,000 on top of that, that's $3,000 per unit, that's approximately 7 1/2 million dollars of fees coming off from the sale of that residence. The time is come I think and all of the developers that we're working with of late have recognized the fact that they've got to pay a fair share of off-site infrastructure costs. One of the things I should point out, that the developer will be putting in a water system. We're in the process of purchasing the water system that's in Happy Acres from the private owner who wants to sell. We will be able to interconnect the water system from Twin Peaks development across and tie it in with the Happy Acres water system to provide that continuity interconnect, back-up system if you will, to provide a better water system to the residents of Happy Acres. Herb Kai: My concern is, we're going to need this growth, we need the interchange within the 3 to 5 year period. Where will we get the money for that if we can't get all the developers or everyone to go along with us? Hopefully we can get some state funds or whatever, to ease that $25,000,000. Will we have some funds where we can alleviate this traffic problem? Hurvie Davis: I think we'll get ADOT's involvement. I've been continually talking to ADOT on this intemhange as well as I did with the Cortaro Road interchange. I've told them that this is one of the things I want to accomplish. We've got to get the developers from both sides of the interstate, we can also perhaps get some federal money, we can maybe get some 15% money, there's a varied funding sources that we can utilize to help build this project. It was indicated earlier the new Linda Vista Interchange will be a commercial corner. I don't want to look at simply the revenues that are coming in off the impact fee or fair share that we can extract from this developer but the down stream effect of revenues from this development as well. I think it's a good development for this community I think it's going to pay its way and hopefully we will be able to work with the other developers that's going to have to be a policy, determination of the Council to extract a similar situation from other developers. Now some of them are not in the point where they have to come in for a rezoning but we can still extract it. The map I passed around, is a master transportation plan for the Town and what I've got highlighted in yellow here, is what we hope to achieve by getting all the participants together to address. Both from the east side as well as the west side of the interstate. Ora Harn: Commented about the Linda Vista exchange and connecting the school on the east side of the freeway up to the interchange. Right now if the school wants to send a bus over to Thornydale school or to the High School and the Middle School -- they have to go clear around down to Cortaro and come back up or go out Tangerine and come down, if we connect up with Linda Vista the school could run straight across to the freeway and up to their bus farms. It would save the school thousands of dollars in transportation costs for us to do that interchange at Linda Vista. I think when we get ready to do that interchange, we could get a lot of support from the schools to get ADOT to come along with getting that interchange in there. The Transportation plan as far as 1 can see and as far as the fair share ordinance is a very good concept and I'm glad to see it put in as part of this project. Sharon Price: I think I'm going to agree with Councilman Kal. It is a good project, getting that road through there, but it's not going to be in the immediate future. You haven't gotten a commitment from these other developers and l'm not sure about extracting money from them. They've already got a development in place, we've agreed to it, can we then go in and say okay, we're not going to approve this plat because you're not paying up on that, can we really do that? Hurvie Davis: I would defer that question to Mr. Hochuli who has attended a number of sessions on how you can exact money from developers and so forth. Dan Hochuli: The best way to exact moneys from the other developers is to do it through an impact fee. The area that is contributing to the need, then you assess how much of that benefit area is already built out, how much is left to build out, let's say that the need is $12,000,000, half of the benefit area is already built. It takes $6,000,000 -- divided it out by the remaining development and that's a very simplified way version of how you'd arrive at the impact fee. The Council would then pass the impact fee for that benefit area and it would apply to all of the parcels there, excepting any parcels that have a development agreement that would exclude them from the impact fee. My understanding is there is not a development agreement attached to Continental Ranch so none of that area would attach. I don't think there's any development agreements in what would likely be the impact fee area. Through the mechanism of an impact fee you can do that. The proposed ordinance this evening indicates that the developer would enter into a development agreement with the Town; I would love to get the $1,000 plus the impact fee. 1 would anticipate that the way that would be written is that if this is decided to be an area where an impact fee applies then this developer would receive the $1,000 credit toward that, I anticipate - I don't think you can come up with a $1,000 impact fee per home and apply it to everyone else in the benefit area and place that on top of the already $1,000 here so, that would be considered into the formula. Through the use of an impact fee that can be done and that is the cleanest way. The issue of whether you can do that at the time of platting and just add it as a requirement is a more difficult issue. There are times at the time of platting or even at the time of permitting that you can make reasonable exaction's from the developer. Sharon Price: And if the $1,000 isn't enough? Then we have an agreement, we certainly can't go back and tack on another $500 for this project. Dan Hochuli: We can in a sense that the way that this agreement would be written, unless this developer disagrees but the way I've anticipated this being written is that they will agree to $1,000 and if there is an impact fee assessment in the area, and these homes end up falling under that impact fee, they will receive a credit for that, so if it's a $1,200 impact fee -- they will pay us $1,200 and not $2,200. I don't think the request is that by giving $1,000 they will be exempt from the impact fee. I think that they're just essentially volunteering to agree to the impact fee. We can do it the hard way or the easy way and what would be nice is if everyone would work together. Have the studies done, the l0 MINUTES OF REGULAR couNCIL MEETING MARANA TOWN COUNCIL MARCH, 4, 1997 transportation studies done, have the cost analysis done, and have everyone agree that this is what needs to be done and we can enter into a development agreement along those lines. But as I mentioned, we can also do it at the permitting stage, we can do it at the platting stage. We do have the authority to make exaction's against the developer. Sharon Price: It's the homeowner who pays it anyway. It's not the developer, it's not coming out of the developers pocket. Mayor Honea: One of the things about the money for this Linda Vista and the Twin Peaks Bridge interchanges and the bridge. That's not a mandate either. I know that certain people have said that's not enough money to build the entire project but we certainly can't expect one person to fork out all the money to build the entire project either. That money, $700,000 that will be given to us in January of 1998 is not tied to that bridge and that interchange. If we deem it necessary to do some improvements on Twin Peaks, Airline, Lambert or to widen Silverbell or to do whatever we want to do, or even to widen Cortaro -- in the vicinity area, we're not obligated to spend that money on that bridge. The Town has the option, the developer doesn't designate you have to do it for this thing. The concept that we've come up with and I've talked with Mr. Briner at Conventry Homes. And they realize that they may in the near future be asked to help contribute to some transportation infrastructure improvements and they don't seem to be terribly against it either. Nobody wants to give it to you, but they know it's part of doing business. There are other alternatives besides this bridge, that doesn't mean -- we would like to do the bridge -- that would be the priority but if that doesn't work out, we're still going to have a large amount of money to do these other transportation infrastructure improvement, so we would have some other options. Dan Hoehuli: Earlier we had a showing of hands and the clerk will not be able to reflect that showing of hands in the minutes and 1 would ask whether anyone in the Council wanted me to state for the purpose of the records what the outcome of the showing of hands was, since the minutes won't show visual. Mayor Honea: Please do. Dan Hochuli: What I saw was four or five hands go up, in response to the question "How many are here who are opposed to this project" and "How many are here in favor of the project" Mr. Mayor I would approximate that to be 30, I would say it was probably about 40. A motion was made by Ora Harn, seconded by Bobby Sutton, Jr. to approve Ordinance No. 97.04 Pursuant to the Staffs recommendations, passed six to one, with Vice Mayor Sharon Price opposing. Mayor Honea: Councilman Clark needs to leave because his wife is ill and he needs to get home, thank you Councilman Clark. Left at 8:17 P.M. MIN UTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MARCH, 4, ! 997 Out of Session at 8:17 P.M. Back into Session at 8:31 P.M. A. PUBLIC HEARING: Orange Grove Road/Camino de la Tierra II _Annexation - Public Hearing on Proposed Annexation of an Area Known as the Orange Grove/Camino de la Tierra II Annexation, Approximately 47 Acres Located East of the Present Town Limits and North of Orange Grove Road in a Portion of Section 5 in Township 13 South, Range 13 East; Gila & Salt River Meridian, Pima County, Arizona Hurvie Davis: Stated for the record, this is an annexation that would be south of the Carmack Wash north of Orange Grove, east of Thornydale and west of Camino de la Tierra. It is a north half of the Orange Grove Road/Camino de la Tierra annexation that we've had on the books for the last year. As you know we have met many times with the Orange Grove Mobile Estates, they had an interest in annexing into the Town, we agreed to peruse that annexation. They indicated they would run the annexation effort and get the signatures of the property owners in the neighborhood. We made some effort to get some signatures at the latter part of the time period. We let that annexation project expire due to some turmoil within the neighborhood. We would re-file on the north half of Orange Grove Road, which we previously had all the signatures. We're still confident that we can go back and get them to re-sign petitions and annex into the community. That would include the Flowing Wells school, that's on the corner of Orange Grove and Camino de la Tierra, the apartments that surround the school, the South 40 RV Park and also the self storage units. After tonight's public hearing and the expiration of the 30 day time period, Mr. Flannery will be going back in to get the signatures of the property owners and maybe a few utilities in the area. The leadership in the Orange Grove Mobile Estates inquired of us at the last annexation task force meeting, if they came back to us with a petition signed by over 50% of the property owners in the Orange Grove Mobile Estates subdivision, would we reconsider annexing them. I told them it would be Councils pleasure to address that. That annexation petition signed by everyone would not count, we would still have to go back through the process and get everyone to sign an official annexation petition itself. And as you know, today, many of you attended the ground breaking of the Drivers Mart, which is just west of the Orange Grove Mobile Estates. So I'm optimistic that once we annex the north part of Orange Grove Road, and the people at that time to assess the situation, they'll come back and want to annex into the Town. We are optimistic that this annexation will proceed quite rapidly. Mayor Honea: Any questions for Mr. Davis? Ora Harn: I have a question for Mr. Hochuli and Mr. Flannery: Do we have all the property and all stuff put together to start the annexation? 12 Jerry Flannery: Yes we have, we have recorded the blank petitions with the legal on February 24, the 30 day waiting period that you're required to have a public hearing, which is what we're having tonight expires March 27. So after March 27, wc can go back to those original property owners who wc have obtained signatures from in the past, and go back to them and set up meetings to get their signatures once again. So that we can bring the ordinance back before the Council for action. Ora Harn: is there action we could take tonight that would speed up the process? Hurvie Davis: No, there is nothing that the Council or Staff can do. There's nothing else we can do until the expiration of the 30 day time period and l believe Mr. Flannery has already prepared to set up appointments with thc property owners on the north side, to get their signatures. We can start getting them after 30 days and then we'll come back to you, to adopt an ordinance which would be effective 30 days after you adopt the ordinance. So it could be very quick, I would say 3 months time. Ora Harn: I would hope so, because we have been, this is one of the annexations we've been talking about for I don't know how long. And I'd just like to check one off. Mayor Honea: We're out of Public Hearing. D. Resolution No. 97-12 - Intergovernmental Agreement Between Office Manufactured Housing Within the Arizona Department of Building and Fire Safety and the Town of Marana for Inspection of Manufactured Housing and Factory Built Buildings Hurvie Davis: This is a rather somewhat complicated issue, one I haven't had a lot of knowledge. I've talked with Mr. Mapples on it, Mr. Mapples is working on this, I would like Doug Mapples to come up and explain what we're doing here, and it's re-adopting an IGA with the State as we have in the past. Doug Mapples: The Town has had an IGA with the State for inspections of mobile homes which includes the utilities set up. Does not include the manufacture homes itself, or structure. That IGA lapsed 1994, the State contacted me late August or September. Since that time I have spent considerable amount of time contacting various jurisdictions throughout this local area, that either have an IGA with the state or have neglected to pursue the IGA process. County does not have an IGA, so with the process, the mobile home applicant has to go through is considerable. Basically the applicant goes to the County, gets a zoning clearance, get their flood planning and grading clearance and then from there they have to go to the state office of manufactured housing and get their permit to set up their mobile home. They don't get any direction, they don't get any help. When they do go set the mobile home up, the state then goes out and does the inspections. The state does not concern themselves with set backs, or flood plain issues, elevations. All their concerned with is the actual set up. 1 feel that as a building official that in the best interest of Marana, it would behoove us to have the IGA so that we as the go department can control those issues and insure that the Town have the issues of life and safety are addressed. Not only for the set up but also for the flood plain and set back issues. Especially if we're talking about, the large subdivisions that include 500 - 600 mobile homes in that subdivision, it is potentially possible you can end up with mobile homes that are on property lines, because of the states inspections process. So it's my recommendation tonight that Council approve this ordinance and continue to process the IGA through the State. Ora Harn: I strongly support this. I know, before we were doing the inspections, when people were waiting for the state to come and do it, they could wait a long time for the state to get time to come out and do it. A motion was made by Bobby Sutton, seconded by Vice Mayor Sharon Price and carried unanimously to Adopt Resolution 97-12. E. First Reading - Amendment to the Town Personnel Policy Adopting an Updated Organizational Chart and Rescinding Resolution No. 89-18, Town Staffing Pattern Hurvie Davis: This is a first reading of an amendment to the Personnel Policy, since it is a personnel policy issue, I'd like to as Ms Johnson to come up and explain the action before you this evening. Jane Johnson: What you have before you is for your information, is appendix 4 which is part of our current personnel policies. This is a staffing pattern which was set in place in December 1989, which included resolution 89-18, which is a listing of the different personnel in the Town at that time. Also, included within appendix 4, were two different organizational charts, one has a date on it and one that did not, What I proposed by the amendment with this particular issue is that we rescind appendix 4 because all the information is covered with the adoption of the presentations, and can go into place on October 1, 1996 and also to rescind the organizational chart that appears in this appendix, which through the budget process that normally will find an organizational chart. And that chart would reflect how the management is set up in the budget hearing. ! have found in all of the personnel research that I've done, personnel policies, that it's not appropriate for an organizational chart to be imbedded in your personnel policies, because it changes as budget changes. It is my recommendation when we come back for the second and final reading that the whole be removed from the personnel policy because as I mentioned it's covered. Hurvie Davis: It has been my experience and my recommendation to you that will not adopt an organizational chart as part of personnel policies itself. Organizational charts are just a graphic that portrays what the Mayor and Council have approved as an organization, that in my experience has taken place 14 in the budget process. In other words, this year if a department wants to set up a new section or if we want to create a new department, we come to you at budget time, we show you what that department is or what that unit of Town government is and so forth, we also request funds and staffing for that. And if you approve that then that becomes part the organizational structure and that would be depicted on the organizational chart which can change and does change as a result of the budgetary process from year to year. No action tonight. No action taken. F. Mayor and Council's Report Mayor Honea: I met with Mr. Tom Bant on the project that we just approved and we talked about some of the concerns of the neighbors around the project and what their ideas were to change it. Apparently they've satisfied the majority of the Council. I also met with Mr. Jack Neubeck Saturday morning on item B that was pulled off the agenda. To talk about some of my concerns on that project as well as far as infrastructure and things of that nature. That item will be back on the agenda in t~vo weeks. I met with Mike Ingrain from El Dorado properties, last week, Mr. Ingram is still interested in developing the old Shamrock Dairy Properties and Albertsons is still interested in building their store. I, Vice Mayor, Council Member Ham, Mr. Davis, Mr. Flannery, Mr, Mapples, Jocelyn Entz and Sandy Groseclose all went to the ground breaking today for O'Rielley's new used car dealership in the Town of Marana. i talked to Mr. O'Rielley for quite a while after the festivities, he made some very positive comments about our community. Sherry Millner: I only have one announcement, that we have the Grand Marshal for our 20th Anniversary and it's Lt. General Frank Campbell, 12th Airforce Commander. He's a 3 star General, and believe he's the only 3 star General in Arizona. Bobby Sutton, Jr.: Vice Mayor, Council Member Harn and myself went to the unveiling of the new Coca Cola contour can and it was just a pleasant event and I'm starting to see some of the National publicity come out now that the distribution is done. Vice Mayor and I went to State Legislature on Tuesday and we went with Mr. Copeland, the person who asked to be a lobbyist. We just wanted to feel him out and see how it worked out there, we got to meet, I got to meet for the first time Senator Hadies, Elaine Richardson as well and we were introduced on the Senate floor as members of the gallery, it was real interesting to get up there. That was an educational trip. It might be a little early for us, but it definitely opened our eyes to things that might help the Town in the future. Herb Kal: I wanted to apologize to the Council, I had all the intentions of making the coke unveiling and the ground breaking, but somehow the attorneys were calling or something was broken down. Vice Mayor Sharon Price: Had nothing to say - it's all been said. 15 Ora Harm I'd like to report on the progress the committee is making towards finding and appropriate candidate for our Assistant Town Manager. All of the resumes should be in by the 7 of March, 5:00. Next week Jane, Mr. Davis and I will get together and we'll try to set up some kind of protocol for questions we're going to ask. The other thing I wanted to say was I was delighted with our trip down to the Driver's Mart. They had a beautiful vintage car down there and I spoke to the different people and they will put it in our parade on Founder's Parade with and O'Rielley sign and fix it up and come out for the events on Founders Day. 1 would like to report that Mr. Davis, Mr. Atler and I attended a meeting this morning, I think the only thing we gained out of that was we were able to use the County/City building restrooms. Not a lot of other advantage to that meeting. But I did talk to Mr. Bittle when he was here tonight and encouraged him to sign his lease agreement for the bank protection. He said that he thought they probably would within the next week or so and the CalMat had already signed all of their agreements to provide the property for the bank protection. G. an £~s R Hurvie Davis: On the Driver's Mart ground breaking for those of you that were not present this morning, Mr. O'Rielley and his commentary in describing the project and making the announcement said that if someone told him a few years ago, you'd be putting this unique automobile agency in the Town of Marana he said that they would be crazy or something like that. So, I think it was a real feather in our cap to be recognized. We wish them every success because their success is our success. One of the things that I would like to bring back to you that I'm working on is that [ would like to establish something maybe we'll call it the north valley region education association. I think it's time for our community to look at getting a community college in our community in this area. That's one of the major things I wanted to mention to you. We are somewhat removed from the Community College Campuses and by having one in our community that cuts down on travel for our citizens going to Colleges to study. The availability makes it better so they can continue their education, both adults as well as children. This is something I'll be working on and getting back to you. X. Future Agenda Items Mayor Honea: One item has to do with ltem B that was pulled off the agenda today and the action that the Planning Commission took which was to recommend and approve RI2 for the zoning of that project, One of the big problems that we have in the Town of Marana is we do not have enough break down in our square footage -- we have R6, RS, R32 and R144. I think we need to look at an R10 and an R12 and maybe an R20 because we are going to have cases to where we will want a state lots or things of that nature and although I understand the feelings of the Planning Commission -- technically we don't have an R12 to even act on it. We would have to pass an ordinance to install R12 before we can take their recommendation so it puts us at a dilemma. Jerry Flannery: Currently staff has been looking at the zoning ordinance for quite some time trying to make some modifications and with the General Plan it was not really prudent to go ahead with the zoning ordinance with the General Plan still being in process, the goals of the General Plan usually have to implement the type of zoning and a lot of the ground work has been done on the zoning code, where you would have residential categories and then you can assign the square footage's to them Mayor Honea: One other item is regarding bus service. We have a lot of people in the area that are either trying to get to Northwest Hospital, to the hospital itself or the mega medical plaza that is over there. Sun Tran does not go down there, so what we're doing is we're taking people and dropping them off at Ina and Thornydale and those people are walking to get down there. I think maybe it's an issue that we might want to look at. Ora Harn: I would like to see that on an agenda. Mayor ltonea: Another item that was brought up, was to try to get bus service to maybe Coachline and Silverbell for a bus stop, at least 2 or 3 times a day, We have some older citizens in Continental Ranch that really need some sort of service. I know it's not extremely cheap, but it is our job is to try to improve the life quality of all our citizens and I'd like to look into those two incidences if we may. The other one item is when is it going to be appropriate for Council Members to start submitting items for possible budget items. I know you're doing to budget now, do we need a Special Council Meeting or a Study Session. [ have a few projects that aren't tremendously expensive that ! would be very interested in. It might be easier if we do it ahead of time instead of waiting until you present us a budget and then saying that I'd like to stick this and this in and then we have to go cut and change and everything else. Hurvie Davis: Stated there are 2 ways to do that: one is to individually get your concerns and request to us or you can have a Special Council Meeting. Mayor Honea: Questioned Council Members if they have a preference on how to handle that. Commented that items need to be given to Mr. Davis posthaste so Mr. Davis could have the material prepared prior to the first of June, He encourages all Council Members and Department Heads to get with Mr. Davis immediately if there is something they would like funded in next years budget. Ora Harn: Stated Mr, Copeland has called and asked to placed on the next Agenda. Mayor Honea: Commented that no, the Council has not had enough time to think the process out, but if three Council Members wish to, he'll agree to it. 17 Bobby Sutton, Jr.: Commented he and the Vice Mayor have been appointed as a committee to look into a lobbyist and at this time are still in research. Herb Kal: I'd like to see if we could prioritize these traffic problems that we think we have coming such as the Linda Vista interchange, maybe discuss some ways and getting some developer commitments. Maybe earmarking some of our budget that no one else can touch that it's for these traffic problems and I think we need to bring that up for discussion. Jocelyn Entz: Passed around copies of the Budget Action Schedule, also stated the April 4 is the scheduled date for the first draft. Iturvie Davis: Another item I wanted to discuss briefly is I think all of you know that we went to Court on the RedHawk referendum decision. The Court ruled in favor of the Town Clerk and I would like to say that I think this speaks very highly of the professionalism and the integrity of our staff. XI. A motion was made by Ora Harn, seconded by Herb Kal and unanimously carried to adjourn the meeting at 9:15 P.M. CERTIFICATION 1 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 4, 1997. I further certify that a quorum was present.