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HomeMy WebLinkAbout12/03/1996 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall December 3~ 1996. I. CALL TO ORDER By Mayor Honea at 7:03 p.m. II, PLEDGE OF ALLEGIANCE Led by Mayor Honea IlL INVOCATION Led by Mayor Honea IV. ROLL CALL COUNCIL Ed Honea Sharon Price Tom Clark Ora Mae Harn Sherry Millner Herb Kal Bobby Sutton Jr. STAFF Hurvie Davis Dan Hochuli Kelly Schwab Sandra Groseclose Jerry Flannery Dave Atler Doug Maples Jane Johnson Jocelyn Entz Roy Cuaron Brad DeSpain 25 Members of the Public Mayor Vice-Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Town Attorney Town Attorney Town Clerk Planning Administrator Town Engineer Chief Building Official Human Resources Director Assistant to Town Manager Finance Director Utilities Director V. APPROVAL OF AGENDA A motion was made by Ora Harn~ seconded by Sharon Price and carded unanimously to approve the Agenda as written. VI. ACCEPTA1/CE OF MLNUTES None VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Mayor Honea: Tomorrow evening at five o'clock at the Chamber of Commerce, the Chamber is going to honor a young man, he is working to become an Eagle Scout. He and his family did a lot of work at the Chamber, they put up the flag poles and poured a sidewalk and a lot of other real nice work. He invited everybody to stop by the Chamber of Commerce. Keith Reeves: It has been a great opportunity to work with the Community and he is grateful he has something to contribute. He wants to thank everybody who has helped him with this project. VIII. STAFF REPORTS None GENERAL ORDER OF BUSINESS A Consent Agenda 1. Ordinance No. 96.43 Approval to Rezone Property - Located at 6910 North Camino Martin~ South of the Ina Road and Camino Martin intersection in the Northwest 1/4 of Section Township 13 South, Range 13 East, Assessor's Parcel Number 101-05-0130~ from Town Classification R-36 (Single Family Residential) to HI {Heavy. IndustrialS. Applicant is Lewis E. Johnson~ P. O. Box 56, Tucson~ AZ 85702. ]Continued from 11-5-96 and 11-19-96~ 2. Resolution No. 96-106; Development Agreement by the Town of Marana, McClelland's and Shamrock Farms Company - Approval of a Development Agreement made by and between the Town of Marana and Norman P. Farms, Frances H. McClelland and Shamrock Farms Company, coilectively owner/developer for the purpose of Hartman Road improvements construction and reimbursements and Cortaro Farms Road regional improvements, in order to facilitate the development of the property consisting of 100.10 acres located at the Northeast corner of Cortaro Farms Road and the 1-10 freeway in a portion of the North 1/2 of Section 26~ Township 12 South, Range 12 East. 3. Resolution No. 96-105i Tangerine Hills - Request for approval of a single family detached home subdivision preliminary, platt consisting of Lots I through 315, 315A and 316~ through 521~ located South of Tangerine Road between Red Hawk Boulevard and Camino de Oeste in Section 1, Township 12 South, Range 12 East. Property Owner/applicant is Sharpe and .associates, Inc., 4780 North Rocky. Crest Place, Tucson~ AZ. 85715. 4. Resolution No. 96-113; Amending the 1992 Community Development Block Grant (CDBG) Program contract to extend the expiration date to December 31~ 1997. 5. Resolution No. 96-114; Amending the 1994 Community Development Block Grant (CDBG) Program Contract to extend the expiration date to December 31, 1997. 6. Resolution No. 96-115; Amending the 1995 Community Development Block Grant (CDBG[ Program Contract to extend the expiration date to December 31, 1997. A motion was made by Ora Ham, seconded by Tom Clark and carried unanimously to approve the Consent Agenda as written. B. Public Hearing ~ Ordinance No. 96.47~ Case Number PCZ-9654, Rezone - Consideration of approval of Ordinance No. 96-47 to rezone property consisting of 652 acres located on the North side of Twin Peaks Road South of Lambert Lane in Section 18 and 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 Chssification 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: This is a request to rezone 652 acres of property located on the north side of Twin Peaks Road and south of Lambert Lane. It is a request to change the Town zoning from classification C to R-36, R-6 and MH. This item went to the Planning Commission at a public hearing on Au~st 28, 1996 and was continued until October 30, 1996. The Commission recommended to the Town Council denial of the request. Staff has been working with the applicant on a number of issues. The applicant had requested and staff is in agreement with continuing this item to the December 17th meeting, however it is scheduled for a public hearing. Jerry Flannery: This issue has been with staff for several months. There are several issues that involve the traffic impacts of this project. Staff has met with the applicants on several occasions and 2 is continuing to meet with them to come up with some specific issues that we can bring back to the Council. Les Wallace, 10450 N. Airline Rd.: His main concern is the traffic impact. We are talking about close to 3,000 homes. Considering two vehicles per home, we are talking about 6,000 vehicles going in and out of the area. They have proposed a spine road that is suppose to carry this traffic in and out, it's just not feasible. This area cannot handle this large of a subdivision. Jerry Flannery: The proposal for the density will range from 8 residence per acre on the manufactured home component to 7 residences per acre on the single family and 1.2 residences per acre on the estate lots. The golf course will be intermingles between the single family lots, it will cover about 135 acres. With the golf course existing the density in those specific parcels goes up, because they are clustered and more concentrated. Sandy Gi'oseclose: The Town Clerk passed out a letter she received late this afternoon regarding this item. Jerry Flannery: Staff is working with the project developer to come up with conditions for the possible approval of this project. Those conditions will run with the zoning, will run with the land. So if who ever comes in they would be obligated to meet the conditions of the zoning. Mayor lionea: This item is continued until the December 17, 1996 Council Meeting. C. Public Hearing; Ordinance No. 96.45; Case Number PCZ-96841 Rezone - Consideration of approval of Ordinance No. 96.45 to rezone property consisting of 17.6 acres located on the Southeast corner of Orange (h'ove Road and Thornydale Road in the Northwest 1/4 of Section 8, Township 13 South, Range 13 East, Assessor's Parcel Number 101-23-360B, from Town Classification R-36 ]Single Family Residential, minimum lot size 36,000 square feet} and Zone RV (Recreational Vehicle] to HI (Heavy Industrial}. Applicant is O'Reilly Motor Co., P. O. Box 31000t Tucson, AZ 85751. Hurvie Davis: This is a request to rezone property located at the southeast corner of Orange Grove and Thornydale Roads. The Planning Commission recommended to the Town Council to approve the request. Jerry Flannery can elaborate more on this issue and the applicant is here tonight as well. Jerry Flannery: This area is an urban intersection. We received a letter from the property owner across the street, they eluded to some comments about the two out parcels. They felt that may be HI zoning was maybe a little bit to high of a zoning for those two properties. The Planning Commissions recommended unanimously for the approval of this. The applicant representative from the Planning Center has stated that they would most certainly be willing to make the concession that those two pamela be developed with retail commercial The HI was requested initially because it allows for certain uses that if they requested Light Industrial might not be permitted. The surrounding area is also HI across the street where the AM/PM is, north of the AM/PM where Payless and Price Club are located are also HI. Jack Newbeck, The Planning Center, 450 W Paseo Redondo, Tucson, AZ: Everything that Jerry has said is agreeable. The out parcels that were discussed, we would be willing to put in the condition that they would be limited to retail commercial uses. The unfortunate thing with the code is HI is the only category that would work for the driver's mart, because there is very limited automotive use where the cars are reconditioned and checked. He handed out an article to the Council that was in the Arizona Star August 19th through the 25th. This article explained the concept of the driver's mart, basically it is a used car dealership, but it's a new concept. He wanted to express his gratitude m staff with the responsiveness that they have afforded this project. It's very refreshing for somebody who has been in the City and been in the County to come to Marana. O'Reilly Motors is looking forward m working with the Town on this exciting project. Mayor Hones declared Council out of Public Hearing. A motion was made by Ora Harn, seconded by Bobby Sutton, Jr. and carried unanimously to approve Ordinance No. 96.46, for the rezoning of 17.6 acres located at the Southeast corner of Orange Grove Road and Thornydale Road in the Northwest 1/4 of Section 8, Township 13 South, 3 Range 13 East, Assessor's Parcel Number 101-23-360B, from Town Classification R-36 Zone (Single Family Residential, minimum lot size 36,000 square feet) and RV {Recreational Vehicle) to HI Zone (Heavy Industrial), the two out parcels will be retail commercial only. D. Public Hearing - Referral of an alternative expenditure {Home Rule) limitation to the electors in March 1997. Hurvie Davis: In 1985 the citizens of Marana voted to adopt a local alternative expenditure limitation known as a Home Rule Option. Under the Home Rule Option Town expenditures may exceed those set by state-imposed limitations. Without the Home Rule Option the state has imposed expenditure limitations for next the four fiscal years are slightly under $2 million. With the Home Rule Option total expenditures for the same period of time are expected to be $15.5 million, $15.8 million, $16.1 million and $16.5 million. Our current budget today is $15.1 million, the 1995-96 budget was $10.6 million. This item will be back before Council on December 17th at which time action can be taken. Mayor Honea declared Council out of Public Hearing. E. Public Hearing; Resolution No. 96-107; Request for Variance - A request for a variance to reduce the front vard setback from 50 feet to 17 feet~ the sideyard setback from 60 feet to 3 feet and to increase the maximum height from 30 feet to 250 feet to allow a 250 foot high cellular communication tower and associated service building to be erected for an AT$*T Wireless PCS Communications Facilltv. The location is on a leased area of 2,400 square feet at 14055 W. Kirby Hughes Road, within a portion of the Northeast 1/4 of the Southwest 1/4 of Section 18, Township 11 South~ Range 11 East. Applicant is T.M.S.I, representing AT&T Wireless PCS~ Inc, 6460-1 E. Thomas Road, Suite 318, Scottsdale, AZ 85251. {Council will sit as Board of Adjustments}. Jerry Flannery: This issue is the Council setting as the Board of Adjustment, because this is a request for a variance. As per statute the Board of Adjustments acts on variances. This request came to staff back in July, the request initially was for a piece cf property next to the CAP Canal, north of Tangerine Rd. and just off of 1-10. That location after discussion and presentation to the Planning Commission was not acceptable. The applicant chose to go back and look at some other options. The request came back for this property. The height of the tower is proposed at 250 feet, it's approximately one mile off of the Interstate. The Conditional Use Permit is typically required for something of this type. The Conditional User Permit was presented to the Planning Commission on November 20, 1996 and was approved. The variance is necessary in an agricultural zone because agricultural zoning did not contemplate these types of uses, although these types of uses most predominantly go into agricultural type zones. The reason they have to have such a high tower is because the distance between other towers is quite a ways. We are recommending that the variance be granted and are here to answer any questions that Council may have. Paul Samuelson, 14145 N. Wentz Rd.: A tower this high is going to be visible to him, it is his concern as a citizen to be able to have some input into this issue. Dick Kelly, 14399 N. Wentz Rd.: When this project was brought up before the Planning and Zoning Commission it was advertised as on the south side of Kirby Hughes Road, seven miles west of Wentz Road. In fact this project is approximately 3/4 mile west of Wentz Road. We read the initial advertisement for this tower and said seven miles well that's not going to affect us, we don't care. Yesterday he got the preliminary agenda for this meeting and looked up on a map and it's 3/4 of a mile, it was advertised wrong to Planning and Zoning. Had we thought it was going to affect us we would have gone to the Planning and Zoning meeting regarding this. There are other people in the area that would have been concerned about this. We're not necessary against it, but we would like to ask questions of AT&T and others about this. It's only proper that a tower that is 250 feet tall not fall under the same rnles and regulations that prohibit people further than 300 feet from talking about it. His recommendation is that this be returned to Planning and Zoning for a Public Hearing. Allen Garrison, TMSI, 6290-2 E. Thomas Rd, #220, Scottsdale, AZ: We represent AT&T Wireless/PCS on this application and we're the applicant on this request. Regarding the location of the tower, it's roughly .7 miles west of Kirby Hughes Road. He is prepared to give Council a presentation on the variance request that is before Council this evening. Bobby Sutton, Jr.: He would like to know if it was advertised incorrectly. Mayor Honea: He seen the Planning Commission agenda for that Public Hearing and he thought it said 7 miles. Jerry Fiannery: There are two issues with this proposal, one is a Conditional Use Permit and one is a variance. The Conditional Use Permit goes to the Planning Commission for action and that's where it stops. The variance goes to the Town Council sitting as the Board of Adjustment, that's the only action necessary. He looked in the file and it appears there may have been a error with the decimal point not being put in there. Tom Clark: If that is correct Council Member Clark feels it should be sent back to the Planning and Zoning Commission, it was misrepresented. Jerry Flannery: Because there are two separate issues, the Council could take action on this and we could bring the Condifional Use Perrrdt back to the Planning Commission. And if it was denied at the Commission level, based on the conditional use then it would be null and void then. The variance could be acted on tonight if the Council would so chose, they could continue it as well Kelly Schwab: This is actually a different issue then the Planning Commission addressed, this is the variance with the Council sitting as the Board of Adjustment, it never went before the Planning Commission. Her recommendation would be to bring it back at the January meeting of the Planning Commission with a correct description so the public is properly notified. Herb Kal: How many other sites have been investigated by Mr. Garrison's company besides this site. Allen Garrison: For this particular facility he does not know the exact number. We are limited by the radio frequency engineering as to where each tower can go. The towers not only provide cellular service but they also have to communicate with each other. We have sites already approved and under construction in the north and the south. We have a limited area where we can site a tower, different areas were looked at. Jerry Flannery: He would recommend that the Conditional Use Permit be brought back to the Planning Commission at the January 16, 1997 meeting. And that this item be continued until the Council meeting of January 21, 1997. Tom Clark: He is totally against putting a tower such as this up. There are already three radio towers less than a mile from where some of the people that spoke tonight live. Sharon Price: She does not want to approve this variance tonight due to the circumstances that have come about. She would like to see this item go back to the Comrrfission and have it taken care of. Ora Harn: She agrees. It's kind of foolish to allow a variance when the Conditional Use Permit has not been approved. Charlie Parsons: He has a piece of property in the middle of the Tucson city limits in a residential area that has one of these towers there, it doesn't seem to be bothering anything in that area. Herb Kal: Is there any possibility of getting away with a smaller tower. Allen Garrison: After the Planning Commission reviewed the previous location that issue came up at that time and it was looked at. There is a certain distance that needs to be covered for this tower to communicate with other towers, it must be at 250 feet or there is a missing link in the whole system from Phoenix to Tucson. A lot of time has been spent with Town staff and their staff as well in finding a suitable location for this site. That was what was dealt with the Conditional Use Permit application, which the Commission reviewed and felt that given the type of facility that is being proposed this was probably the best site in the Marana area. We feel that the Commission had satisfied the location issue, however it appears tonight that may not be the case. 5 Gary GreenouEh, TMSI: Beacon Hill is one of the first areas looked at as a potential site. Due to new technology that AT&T is working with, digital type radio system, the engineers have turned it down because it's to high and it sees to far. The other objection to it is because of the hill that's between Beacon Hill and the freeway itself, it blocks approximately two miles. Sharon Price: Her basic concern is to go back and work with the neighbors in the area so that they are aware of this. Gary Greenough: He agrees. We did get permission and agreement from the property owner across the street and some of the other people located close. Charlie Parsons: It's hard for him as a citizen of this Town to sit tonight and accept the Council trying to pick all these places in the Town, when this is the one place that is legally acceptable to have this tower. The Council approved the zoning on this piece of property for this type of facility. If you don't want this type of facility in the Town then don't approve the Development Codes, it's in there and it's approved. Mayor Honea declared Council out of Public Hearing. A motion was made by Bobby Sutton~ Jr., seconded by Sharon Price and carried unanimously to continue this item to the January 21, 1996 Town Council Meeting so the Conditional Use Permit can go back before the Planning and Zoning Commission. F. Public Hearing; Ordinance No. 96.461 Red Hawk Specific Plan presented by the PlanninK Center on behalf of Red Hawk Marana L.L.C. - A request for consideration and approval of an amendment to the Tortoltta Mountain Properties Specific Plan to amend portions of the existinl~ desiEnations within the Specific Plan and to e~end and include the Ruelas Canyon Property (1,343 acres) and the B~|ada Property (2t347 acres). This entire amendment shall be named Red Hawk Specific Plan. The property is Eenerally located in the vicinity of Tangerine Road and Red Hawk Boulevard in portions of all Township 11 South, Ran!~e 12 Eastt Sections 13-17, 21-26 and 35 and Township 11 South~ Range 13 East~ Sections 7~ S, 18 and 19/ The applicant representinl~ Red Hawk on this pro.iect is The Planning Center, 450 W. Paseo Redondo, Suite 202~ Tucson~ AZ 85701. Hurvie Davis: This is a Public Hearing on a request for an amended to the Tortolita Mountain Specific Plan. The Planning Commission held a Public Hearing on October 30, 1996 and there was a split vote on two motions. Staff has been working with the developer of this Specific Plan to address some traffic and transportation issues. We are of the opinion, and the applicant is agreeable to extending this item to the December 17, 1996 meeting. Since it is advertised as a Public Hearing we would suggest that public comments are received tonight and if desirable continue the item for action at the December 17, 1996 meeting. Jerry Flannery: We have been meeting with the applicants and continue to do so, we have a meeting scheduled for Thursday afternoon. The project encompasses approximately 5,500 acres, the existing plan is at 1,878 acres. That plan in itself has come back before the Council in the last three years approximately three times for amendments. This amendment as Mr. Davis mentioned renames the Specific Plan from Tortolita Mountain Specific Plan to Red Hawk Specific Plan. Staff felt that there were some traffic concerns that needed to be explored coming off of the property south to Tangerine and maybe even south of Tangerine. Staff does support the recommendation for continuance on this issue. The applicants are before Council tonight to speak on this item. David Mehl~ Cottonwood Properties, 3567 E. Sunrise Dr.: He is here tonight to answer any questions that Council might have. Mayor Honea: He met with Mr. Mehl last week because he had a couple of problems with the project. The problem he had was he wants to extend the Specific Plan to cover the Bajada and Ruelas properties. One problem with doing that is, adding almost 10,000 households to the Specific Plan is that this Specific Plan has a development agreement which is not good for the Town. It was originally developed years ago before we had any staff to protect some of the rights and some of the things that the Town needed to look at. Basically what that development agreement says is that this project cannot be impacted for off site transportation improvements and things of that nature. The Town has to get some concessions for some off site transportation infrastructure improvements around this area as far as he is concerned before we give them 5,000 acres of relatively high density in their Specific Plan. The only ace the Town has right now is that that land over there is zoned C which is one house per 25 acres. We're talking about going from one house on 25 acres to five or six houses per acre on the average, that is a huge density increase. He's not trying to say he doesn't like the project, he likes the project and he thinks Mr. Mehl is a good developer. But he is trying to look at it from the Town's prospective. Before the Town allows a project of this magnitude to go on, we've got to get some concessions on at least transportation infrastructure off site. Tangerine Road will not handle this amount of traffic. If we increase the Specific Plan size to include the entire area with the development plan that is in place now, we're going to be out bonding trying to do something to Twin Peaks Road because we're going to have such a traffic problem. David Mehi: Mr. Mehl went over some of the past history on this project. We are willing to work with the Town to make some level of concession. The fact that we don't legally need to make them and whether the Town required them to do it right now as part of the zoning or not, ultimately the developer would make contributions anyway. We need to off site roads as the property is developed, and we know we can't expect the Town to be funding them alone. We are going to make major economic contributions to the Town of Marana. Nothing being presented is new or not contemplated in the Development Agreement, everything conforms to the Town of Marana plan that was in place when we annexed the property. We have major development plans that are very upscale and very positive for the Town, very revenue enhancing. Ora Harn: She doesn't know how many times she has went before ADOT and screamed about Tangerine Road. She thinks it is imperative for the Town to work with ADOT in trying to get Tangerine Road updated. As she understands it Westinghouse and different people have been working on the project to get Tangerine Road a road that can handle some traffic. She is very much in favor of this project. What kind of concessions is the Mayor asking for, what does he want to see the developer do. Mayor Honea: He has talked with Dan Hochuli, the Town does not have to put this property in the Specific Plan. The wording in the Development Agreement is some what vague. We are going to have to have three or four lanes on Tangerine Road probably all the way to Thornydale Road. You're going to have to have some way to move all this traffic. Ora I-Iarn: Tangerine Road is a state road and is under the 15% Funding. Hurvie Davis: There was a corridor study done in 1988, that corridor study is currently being updated by ADOT utilizing 15% moneys which were approved at the PAG Regional Council and subsequently by the State Board of Transportation. He doesn't know the exact status of that study but it's a cooperative effort between ADOT, Marana, Oro Valley and Pima County. We all believe that Tangerine Road is a major transportation corridor. Bobby Sutton~ Jr.: We need to go back to the table on this item, it needs to be continued. Hurvie Davis: What's important about this project is many dollars have gone in to putting in the infrastructure to provide a reclaimed water line to irrigate the golf courses. We will not have to pump ground water to the golf course, this is a significant step. G. Resolution No. 96-108 - Intergovernmental Agreement between Town of Marana and Pima County for cost sharing of public transit service within the Town limits of Marana. Hurvie Davis: We are working with staff to access the needs and the types of service that might be required in the area. We would recommend approval of the IGA tonight. Dave Atler: There were some questions raised earlier this year about servicing the Continental Ranch area. Mr. Goff and his staff prepared a questionnaire that will be given to Continental Ranch residents. This would not be included in this IGA, until we know exactly what we will be faced with, we may have to come back with an amended IGA. Ben Goff, Pima County: Basically the Agreement is the same as last year, service is the same. He would be glad to answer any questions that the Council may have. Sharon Price: She wanted to thank Mr. Goff very much for letting the residents of Continental Ranch to have some input. Tom Clark: How many stops do they make in northern Marana. Ben Golf: The rural transit stops in northern Marana, there are probably fourteen or fifteen in this area. A motion was made by Sharon Price, seconded by Tom Clark and carried unanimously to adopt Resolution No. 96-108 authorizing the Town to enter into an Intergovernmental Agreement with Pima County Department of Transportation for the provision of transit services. H. Direct Election of the Mayor. Mayor Honea: As our Town is evolving and we're growing larger that there are certain things that the Town is going to have to do within our political super structure. He feels that the people of the Community should have the right to elect the Mayor directly. Ora Harn: We need to put that on the ballot to see if they want to elect the Mayor directly from the population. Mayor Honea: There was an overwhelming majority in Oro Valley who recently voted to directly elect the Mayor. That also would help the Council, because we wouldn't need to politicize and make deals to see who gets to become Mayor. Ultimately the citizens are the ones who should have that opportunity. Dan Hochuli: Under this provision if the Council wishes to make this change, the Council must by majority vote, vote to place this item on the ballot. It would then be voted on by the public and if it passes then the public would elect the Mayor directly at the following election. Bobby Sutton: He has a little concern with this issue. He feels that eventually the direct election of the Mayor will be needed but at this point it is to early right now. Herb Kal: He concurs with Council Member Sutton. He thinks that in sitting on a Council unity is important. Sharon Price: She is concerned with the possibility of losing excellent Council Members because they were running for Mayor and lost. Mayor Hones: He's been on the Council for ten years, he's seen a lot of problems caused by the Mayors being elected through the Council. Ora Ham: There can be more animosity towards a Mayor who comes in from an election of the people and hasn't been through a consensus of the Council. There can be more stress with six members of the Council who didn't have anything to say about the Mayor. Wheeler Abbett, 7505 W Mountain Sky Dr.: He believes it is a little premature in the desire to have a Mayor voted in by the public. I. First Reading; Harassment in the Workplace PolicV Statement - Amendment to the Town Personnel PolicV adopting a "Harassment in the Workplace Policy~ that states that the Town of Marana will not tolerate anV form of employee harassment~ including sexual harassment~ harassment based upon race, gender, national origin, religion, age or disability. Hurvie Davis: This is an amendment to the Town Personnel Policy that we would hope to have adopted by the Council. At tonight's meeting hopefully Council will review the proposed policy and if there are any comments or questions they ean be answered. MINUTES OF REGUI,AR COUNCIL MEETING MARANA TOWN COUNCIL DECEMBER 3, 1996 Jane Johnson: The purpose of having a Harassment in the Workplace Policy as part of our Personnel Policy is to help impress upon our employees and to others the important of complying with the requirements that are out there now about harassment. Southwest Risk has been highly interested in the Town having an adopted policy on this issue. J. Resolution No. 96-103 and Ordinance No. 96-44; Second Reading - Revised Disciplinary Action Policy and Grievance Procedures Policy found in the Marana Personnel Policy Manual {Continued from 11-19-96)~ Hurvie Davis: This is the second reading on the Disciplinary Action Policy and Grievance Procedure brought before Council this evening. Jane Johnson: This is a trend that is highly recommended, it makes the decision making very objective and is supported by the Courts. Kelly Schwab: This is the wave of the future, we can make arbitration binding on our employees by putting it in our Manual and also by having them sign a document. She has been involved in grievance procedures that consist of a grievance review board. But it could be a great advantage to the Town to use an arbitration. Sharon Price: She is really impressed with this policy. She was really uncomfortable with the system that was presented at first. She didn't like the idea of putting employee against another employee. Ora Harn: She does like the fact that we can put something in that would make arbitration binding on the employee. A motion was made by Sharon Price, seconded by Tom Clark and carried unanimously to approve Ordinance No. 96.44 and Resolution No. 96-103, Article 02.10., Disciplinary Action {Exhibit A) and Article 05., Grievance Procedure, (Exhibit B) as revisions to the Town Personnel Policies. K. Planning Commission - Discussion. Mayor Hones: Over the last six months or so we've had a lot of discussion on ways to try to expedite and to try to streamline some of the procedures that we have in place. The one thing that is done differently in larger cities is handling zoning questionings with a zoning hearing officer or something of that nature. The way it is happening now is the Planning Commission meeting once a month and some of the meetings are going five hours or longer. If an individual has a zoning matter that needs to be addressed, if you don't make it on the Planning Commission then you have to wait thirty days to get on the next agenda. Some of these procedures that two months or more to complete, they are not necessarily that complex. He wants to try to expedite some of the procedures and make the Town operate more efficiently instead of tying things up for a long period of time. The issues with the Planning Commission are broad issues, they are issues of policy. Sharon Price: She attends the Planning Comrnission meetings and also was a member of the Commission at one time. She can really appreciate the amount of work and effort that goes into it. She feels that the place for this issue would be at a study session where the Commission members would have an opportunity to give their input. Mayor Honea: He agrees that input is needed from the Commission. Wheeler Abbett, Planning Commission: The Town has come a long way, it has really grown and hopefully it will grow some more. In the planning and zoning process they go hand and glove. The problem is it has all hit the fan at the same time. We've had land ordinances and specific plans and everything happening all at once, and everyone wants to be heard first. With help from Jerry Flannery, possibly it wouldn't be such a procedure where the Planning Commission would have to spend five hours in a meeting. He thinks that by splitting it up you're not go to solve anything. Mayor Honea: Does Mr. Abbett think that the workload is sufficient that maybe the Planning Commission could go back to meeting twice a month for a while. Wheeler Abbett: He could talk to the Commissioners to see how they feel, whether they would want to participate in two meetings a month, that would be up to them. It could be done and we might be able to get a lot of things off the books and then go back to one meeting a month. We have been loaded down for the past three months. Mayor Honea: Mayor Honea believes that it is going to stay that way. Bobby Sutton, Jr.: We re trying to find a way to alleviate the pressure and give the Planning Commission some relief. It scares him a little bit to have a hearing officer, rezoning in it self is what recalls are made of. He agrees with the Mayor, in the state that the Town is in he continues to see full workloads. As the Town progresses it's just going to be more and more. Maybe there is a system where they could meet once every three weeks or throw in a couple of extra meetings a year. Then if it were to die down they could be removed. There is a lot going on in the Town right now. Mayor Honea: A lot of times in larger municipalities people go and apply for items that need to go before Planning and Zoning and it sometimes takes six months or more before it gets on the docket. Wheeler Abbett: Marana tries to be to obliging to these people and the next thing you know everyone is loaded. Mayor Honea: If the flood protection goes in there will be even more development, he does not see any slow down. Sherry Millner: We are forgetting what we are here for, we are to serve the public. If it takes two meetings a month we need to have two or hire more people or something. It's a big burden for the Council too, but we are here to serve the public. If we don't serve the public, they are going to go elsewhere, that's not what we're here for. We are here to serve their needs and if it takes more than one meeting a month we need to do it. Wheeler Abbett: It might take more than one meeting a month, but it also takes a little patience on their part. The Council has the same problems that the Commission does on items being continued and so forth. Mayor Hones: There are a couple of things that are on tonight's agenda that should have never had it to the Council. There were a couple of things that got through the Planning Commission and came to Council that should have never made it through the Planning Commission. Sharon Price: She would like to see a special meeting where Staff, Planning and Zoning Commissioners and Town Council members are involved. Wheeler Abbett: All the Commissioners would have to agree to a second meeting, he does thing that would want to keep it continuously. Ora Harn: We need to start to realize the problems and work that lies ahead for the Town in the future. We need to work out ways that it isn't such an imposition on people who are giving of their time at no cost to the public. There are ways that we can work this out, it can work out. We need to look into this, maybe staff could come back to the Council with some recommendations. Bobby Sutton, Jr.: Instead of Council telling the Commission how we are going to help, it would be real helpful for the Commission to tell the Council how they could be helped. Patti Comerford, Planninl and Zoning Commission: She has some concerns that this item was not brought m the Commission at any point, we don't all think the same way. As far as meeting peoples needs there is a prime example of this on the Agenda tonight, Ordinance No. 96.45. She sees a problem with the consistency, but it's hard to be consistent when every project is different. 10 Roxanne Ziegler, Planning and Zoning Commissioner: She is the newest member on the Commission. She feels that the Planning and Zoning Commission needs to meet twice a month, it we need to do it then we need to do it, she agrees with Council Member Millner. If you can't give the time then get off the Commission. She was also upset by not knowing about this item being on the Agenda tonight. Mayor Honea: We owe the citizens of this Community service, even if we tell them no we owe them an answer. We have so many projects going on within the Town. It seems like we are botflenecking in. Jerry Flannery: When he first came to the Town the time frame for a submittal to get on the Commission Agenda was probably about two to three weeks. He pushed it back at the time to four weeks and met some resistance from the development community, then it was pushed back to six weeks because of the time frames. One of the reasons that meetings are so long is because there are a lot of outstanding issues. With a joint session and some further discussion we can probably look at this. We need to make sure that the packets are complete when they are sent out. We are trying to make sure that the issues coming before the Commission are much clear and more comprehensively addresses then what they are now. Dorothy Sharnetsky~ Planning and Zoning Commissioner: The only reason the Commission packets are so large is we'll have a lot of maps. She does not agree on having two meetings a month, mainly because she doesn't believe Marana is that big. If a project is it Pima County it could take anywhere from a couple months to a year. The Town of Marana has bent over backwards in order to please everybody. She also doesn't feel that there needs to be a hearing officer, the Town's Planning and Zoning Department does a very adequate job. Mayor Hones: After the first of the year we will schedule a joint study session with the Town Council and the Planning and Zoning Commission. Be~veen now and then we can be thinking of suggestions on ways to improve this issue. L. Mayor and Council's Report. Mayor Honea: This week he has a pretty full week. Tomorrow night at the Chamber of Commerce we will be honoring the young man who put up the flag pole and did the sidewalk. At 6:30 p.m. we will be meeting with Coventry Homes at the E1 Conquistador Country Club, they will be giving Council an overview of their plans. Mr. Davis and the Mayor will be meeting with Tucson Mayor, George Miller some other people to discuss some of the items they have been discussing previously on the de-annexation. Ora Harn: Council Member Harn is back in Town from her vacation, she had a wonderful time. M. Manager's Report Hurvie Davis: Mr. DeSpain, Mr. Holub and Mr. Davis met with the principals of the Marana Water Service to finalize the purchase of the three systems that Council recently approved. We hope to finalize the agreement and take over the operation in early 1997. The Regional Council voted three to one to approve the PAG Committee recommendations to leave the funding in place for the Thornydale Road project. He received a report from Chief Smith on graffiti on Orier and Sandario Roads that the Council had asked staff to look into. There are two options, option one to utilize the procedure that we have in place today, which is outlined in the report. Option two, we plan to go with this option, if Council decides, will require Council action. X. FUTURE AGENDAITEMS None XI. ADJOURNMENT A motion was made by Bobby Sutton, Jr., seconded by Tom Clark and carried unanimously to adjourn the meeting at 10:33 p.m. AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL CLERK'S OFFICE. 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 December 3, 1996. 1 further certify that a quorum was present. 12