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HomeMy WebLinkAbout11/19/1996 Regular Council Meeting MinutesPLACE A-ND DATE Marana Town Hall November 19~ 1996. I. CALL TO ORDER By Mayor Honea at 7:04 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 Kai Bobby Sutton Jr. STAFF Hurvie Davis Dan Hochuli Sandra Groseclose Jerry Flannery Dave Atler Doug Maples Jane Johnson Jocelyn Entz Roy Cuaron Brad DeSpain 38 Members of the Public Mayor Vice-Mayor Council Member Council Member, excused Council Member Council Member Council Member, excused Town Manager 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 Sherry Millner~ seconded by Tom Clark and carried unanimously to approve the Agenda as written. VI. ACCEPTANCE OF MINUTES A motion was made by Sherry Millner, seconded by Mayor Honea and carried unanimously to approve the minutes of the Regular Council Meeting of November 5, 1996. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Dave Atler: Mr. Atler introduced some new employees from the Recreation Center. VIII. STAFF REPORTS Staff Reports are on file at the Town Clerk's Office. GENERAL ORDER OF BUSINESS A Consent Agenda 1. Resolution No. OS-100; Release of Assurance A~reement - Continental Ranch Parcel 11 Lots i through 142 and Common Area A. 2. Resolution No. 96-98; Los Morteros Estates Final Plat by Casa Royal Builderst Inc. - Review and Final Plat Map approval for a 32 lot single family subdivision on 20.4 acres located southwest of Sfiverbell Road and Linda Vista Blvd. T12S~ R12Et Section 28~ Assessor's Tax Code Number 221-02-002. 3. Resolution No. 96-101; Acceptance of Assurance Agreement - Continental Ranch Parcel 23 Assurance Agreement for completion of subdivision (Third Party Trust~. 4. Resolution No. 96-102 and Ordinance No. 96.43 - Adopting various revisions to Chapter 8 of the Marana Town Code~ entitled "Transaction Privilege Tax"~ as required by New State law and recommendations of the model tax commission. 5. Resolution No. 96-99 - Approving and authorizing the transfer by Jones Cable Holdings, Inc, to Jones Communications of Atlzona~ Inc., the cable system serving the Town of Marana. 6. Resolution No. 96-104 - Proposed operating plan for the Arizona Water Banking Authority to provide for the expenditure of 1997 funds within Pima County and the Tucson Active Management Area (TAMA). A motion was made by Herb Kai, seconded by Sharon Price and carried unanimously to approve the Consent Agenda as presented. B. Public Hearing - Ordinance No. 96.42 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 6~ Township 13 South~ Range 13 East~ Assessor's Parcel Number 101-05-0130~ from Town Classification R-36 (Single Family Residentlal) to HI {Heavy Industrial). Applicant is Lewis E. Johnson~ P. O. Box 56, Tucson, AZ 85702. [Continued from 11-5-96) Jerry Flannery: This project is pretty simple as far as a rezone goes. This area of Town is becoming more and more high industrial. For the purposes of the Public Hearing Staff would like to conduct a Public Hearing tonight if anybody wishes to speak on it they may, with the continuation of the action to the December 3, 1996 meeting. Mayor Honea declared Council in Public Hearing. Jerry Flannery: Mr. Flannery went over the area that would be affected by this rezone. There is one objection and that falls on one adjacent side of the project. With that objection, it falls within 150 feet of the property. Because of that a super majority vote by the Town Council is required by State Law. Super majority of this Council sitting as seven members is 6. With two members absent tonight there cannot be an affirmative motion. The property is being looked at as a vehicle/boat storage facility and parking for other types of vehicles. The HI is a zone which is predominant in the area and Staff is recommending approval. Mayor Honea declared Council out of Public Hearing. C. Tortolita Mountain Park Master Plan and Revised Eastern Pima County Trail System Master Plan - Update and presentation by Pima County Parks and Recreation Department (Continued from 11-5-96). Hurvie Davis: Mr. Dan Felix from Pima County Parks and Recreation is here tonight to present this item to the Council. Dan Felix~ Director of Pima County Parks and Recreations 1204 W. Stlverlake Rd.: Mr. Felix is before Council tonight to discuss two items. The primary reason he is here tonight is to reassure the Town of Marana that Pima County wants to have an open shared process as far as information as it relates to open space areas. We want the Town's feedback, that is very important with Marana being a major player with regards to this area. Mayor Hones: Has the County been able to work out a plan with the prime developer in the area for access to the property. Dan Felix: We had three meetings with the developer and he has been very cooperaffwe. Herb Kal: Is Pima County budgeted to take care of these parks or will you be asking local jurisdictions for help, Dan Felix: Right now we are very interested in establishing access to the hilltop areas that the County now controls. We would also like to obtain intergovernmental agreements with BLM to be able to manage and control their areas which right now are contiguous to various points within the County's area of control. One of the key elements we have been dealing with regarding the trails is the partnership with other agencies. Mayor Honea: What protection is there for private entities when trails are accessed through private properties. Dan Felix: We don't have ultimate protection with regard to private entities. It's the decision of the private property owner to permit use across their land. If there's a concern we then indicate to them that they could dedicate an easement to the jurisdiction to relieve them of some of the responsibility. David Mehl, 3567 R. Sunrise Dr.: Mr. Mehl wanted to applaud what the County is doing in regards to the Tortolita Mountain Park. He looks forward to working on the project. Hurvie Davis: When will Mr. Felix be looking for some type of action from the Town of Marana. If it is the Council's desire to pursue this, we could direct Staff to set up a public hearing and prepare the necessary paperwork for adoption of this plan. Dan Felix: When the Town feels it is appropriate to address what they think specifically needs to be changed to fit the community. D. Arizona Department of Water Resources - Presentation by Terri Miller regarding Federal Emergency Management Agency Floodplain requirements. Hurvie Davis: Ms. Miller is here tonight to make a presentation to the Mayor and Council regarding floodplain issues. Terri Miller, State Coordinator, National Insurance Program: Ms. Miller went over the history of flood insurance and FEMA floodplain requirements. Herb Kal: Who would be considered the watchdog, if the Town of Marana continued to allow development in some of the floodplain areas. Terri Miller: We call and check with local jurisdictions to see if they have questions or problems and try to help them out of the situations. If they continually allow development below the flood elevations then we'll come down and sit and talk to you and say we don't want to report you to FEMA. What happens in a case like that is, if you continue to violate your own ordinance in that manner by allowing below base flood elevation structures, you're put on probation for six months. You are given that time to fix the problem, which means you would have to elevate those structures. If you don't do that within the period of time, then FEMA comes in and puts the Town on probation. Probation means that everyone in the community that has a flood insurance program would be surcharged $50.00, every single policy. You also would not receive any disaster assistance and there won't be any federally connected loan money. If you decide you don't want to do your floodplain management and you don't want to enforce your ordinance, the County would be asked by the State to take over your floodplain management. If it happens to be a County that decides they don't want to enforce their floodplain ordinance, then we ask the smaller jurisdictions to take over their own floodplain management and it is turned over to the attorney general. Mayor Hones: How is the mapping for a floodplain done. Terri Miller: It's done by engineering methods, usually the Corps of Engineers program determines how much water is going to come down the river. They then figure out by computer where the water is going to go based on what is put in the computer; the cross sections that you survey, they are put on the map. Mayor Honea: After the 1983 flood, several of the areas in Town that were not flooded at all were put in the floodway. And some of the areas that did receive water are not in the floodway. Some of the FEMA map boundaries are really off by quite a bit. Terri Miller: She has asked for total re-study of Pinal County of the Santa Cruz River, maybe it should be extended down this way a little. Hurvie Davis: When the Town went through the process for the 100 year Assured Water Supply we found out that the water table in the Marana area has been increasing since the mid 70's. E, Public Meeting; Community Development Block C-rants 1997 Process and Projects - Mayor and Council will receive input from the public regarding neighborhood revitalization, economic development and improved community facilities and services. Hurvie Davis: We received notification from Pima County that the Town has been awarded a total of $212,000.00 for 1996 CDBG projects. Dan Groseclose, CDBG Coordinator: Each year HUD requires the recipient of CDBG funds to hold public hearings. This has been advertised as a public hearing but it's listed as a public meeting. For all legal purposes a public meeting is satisfactory for our purposes. He held a public meeting on November 13, 1996 at which time three citizens from the Town attended. We discussed various different projects. One of the projects suggested was a teen wellness program for the youth in the Marana area. A second program was for a youth program to be conducted in the Hones Heights area. Third was a clean machine program, to pay for the neighbors to clean up their neighborhoods. He received a note from the Mayor about a senior citizens program, where we would have a coordinator and try to assist the seniors in the Community. Dave Atler: We have been running senior programs through the Recreation Center; we would look at expanding that. Also earlier this year we worked with a neighborhood to clean up near the area of Sandario and Barnett. Pauline Nunez and Dennis Dolan are going to be heading up a program for neighborhood clean ups. Herb Kal: Those eleven programs that were funded for 1996, how did they all go. Dan C, roseclose: Since the funds only became available two weeks ago, it's kind of hard to discuss them. Most of the projects out of the eleven programs that were funded last year were Park improvement projects, about $130,000.00 of the $212,000.00. The others that were involved in that is the Marana Vista security program. We have been in discussion with the citizens of the neighborhood. They have a neighborhood watch program that they get together periodically. They have been confmg back to the Town and talking about how to implement that program and get it started. The only other program is the senior citizens drug prescription program, that has not kicked in. He has not had a request from the Marana Health Center at this time for the Senior Citizens Drug Prescription Program. They have gotten a little behind on their program. We do have two years of current funding there for them to utilize. That is a very good program and it is well-used by some senior citizens in this area who have low income. Mayor Honea: For the last couple of years he has been very interested in establishing some programs for senior citizens in our Community. Most of our programs through CDBG have been for youth, we need a lot of youth programs. He thinks we are missing the boat if we don't establish some programs for the senior citizens in the Community. He would hope to have someone who would work under Pauline Nunez and would coordinate senior ciiflzen activities in the entire Community. F. Potential Purchase of Water Systems - Marana Water Service, Inc./I.M. Water Company and Klos Water Company {Continued from 11-5-96). Hurvie Davis: This item was continued from 11-5-96. We have been negotiating with the Marana Water Service to purchase three water systems in our area of influence. At the last meeting Council authorized Staff to make an offer of $300,000.00 to Marana Water Service Inc. for those three systems. Mr. DeSpain took this offer to the Water Service officials and they rejected the offer, they came back with a counter offer. Brad DeSpain: Our offer was taken under advisement for a couple of days and counter offered with a price of $327,000.00. It would be Mr. DeSpain's recommendation that we accept his counter offer. There are some out-of-state interests purchasing small water companies that are key to the development of Towns. They will purchase those, hold those and do improvements, and if they can't negotiate an acceptable price with the entity once somebody wants to purchase it, they'll wait for condemnation. And under condemnation they'll be allowed a reasonable return on their investment. It appears that the price won't do anything but go up if you wait in hopes that maybe they'll cave in a little. It would be his recommendation that we pay Mr. Lewis the $327,000.00, with the stipulations that we mentioned last week to him. Tom Clark: If the Town purchases these water companies as a public entity are there some improvements that we would be forced to make immediately, rather than if it was maintained as a private water company. Brad DcSpain: There are some improvements that would need to be made. It's more in fire protection range than anything else. We will have to do some improvements gradually and in due time have it up to fire standards, Mayor Honea: He strongly supports these purchases. A motion was made by Herb Kai, seconded by Tom Clark and carded unanimously to accept Mr. Lewis' offer of $327,000.00 to purchase the Marana Water Service, Inc. and I.M. Water Company. G. Political Signs - Discussion of Section 16-11-4, Political Signs, of the Town's Sign Code {Continued from 11-5-96). Hurvie Davis: In discussion with Mr. Flannery this is an item we felt should be brought to the Council's attention and whatever appropriate action they feel is necessary. We just had an election season and Marana certainly had a proliferation of political signs. We do have a Sign Code now that applies to political signs as well as all signs and it is very difficult to enforce. Jerry Flannery: The Sign Code is always a challenge, In the last few months we've had several different elections. Our Town Sign Code requires that everybody who's running for office come to the Town and they have to file information and apply for a sign permit. Signs can be erected fourteen days prior to the election and can remain up to two days after the election. The signs cannot be eliminated and there is certain criteria as far as size and height. They can't be higher than ten feet and no larger than sixteen square feet. As Mr. Davis mentioned the number one issue with political signs is where they are located. Most of them we assume are in the right-of-way because they're pretty close to the road most of the time because they want to attract the driving public. However, we don't always know if that's the public fight-of-way or not. It's very difficult to go out and measure each individual sign. The solutions are various, we could waive the sign requirements as stated in Council's packet. He has included the different chapters of the Sign Code that pertain to political signs. Sharon Price: If we went through a process of applications how long would it take to process them. Jerry Flannery: It would depend upon the number of signs being proposed. We would want to know the location of where the signs will be. Sharon Price: Maybe a committee could be put together that could work on this. She doesn't think it is something the Council will be able to answer at one meeting. She has a lot of questions on this issue. Sherry Millner: She likes the idea of having a map, where people who put signs up can put them only where it states on the map. She feels if they are in violation, they should have two days to correct it. She was appalled at the last election, Continental Ranch was disgusting. We can just make this real simple, let's not go through a lot of red tape. Sharon Price: Could a private citizen put a sign on their own private property. Jerry Flannery: Private political signs can be put in a yard, the issue would not be with those type of signs. The issue is the large signs which are in the pubic right-of-way that are creating sight visibility problems and really a public hazard. He would suggest in this process through this sign program and registering with the Town a general processing fee of $10.00 or $15.00. Tom Clark: What about the Town removing signs from private property when the owner of that private property says the political party did not have permission to put up the sign. Jerry Fiannery: If you're going to post a sign on private property you should have the permission of the property owner, otherwise you are trespassing. Dan Hochuli: If any sign is posted on private property, the property owner has the right to take it down and do anything with it that they want. Sandy C=roseclose: We want to try and make this as simple as we would for people running for candidacy within the Town, especially our Council Members. With this new regulation, they would basically be the guinea pigs to see how it works. It would then also be enforced on any other candidates that would want to put up political signs with the Town limits. What would the Council like to do regarding political signs. Jerry Fiannery: To do the sign program is going to require an amendment to the Sign Code. This amendment would have to go through both the Planning Commission and the Council. Hurvie Davis: He hopes that whatever the Town comes up with it will be self-enforcing. Mayor Honea: He thinks that making the Sign Code simpler for political signs would probably make the Town's job easier. Enforcing a sign code on political signs is almost impossible, even if it is simplified. Sharon Price: She is concerned with the Town taking down political signs; can't they take you to court over that. Mayor Honea: If he puts a sign up during his election and Planning and Zoning takes it down, and the Mayor thinks it's legal, there could be a problem. Sherry Millner: But if you got a map that tells you where you can put the signs, there should be no problem. If that sign is not on that map where it should be you either take the sign down or put a bright sticker on it. Let the public know they are voting for people who are not upholding the law. Charge them a fee if the Town has to remove their signs. Hurvie Davis: He's had considerable experience with public right-of-ways as it relates to streets and so forth. It's a nightmare to try and determine where the public right-of-way is. Mayor Honea: If you said no signs within 100 feet of an intersection and no closer than 15 feet from the edge of the pavement, make it real simple. Jerry Flannery: Mr. Flannery will take all the comments made tonight and look at other Town's Sign Codes and see what a good solution might be and bring it back to Council. H. Recommended Modifications to 1996-1997 Classifications/Salary Plan - Corrections, additions and changes to address various issues in Classification and Salary Plan approved October 1, 1996 (Continued from 11-5-96~. Hurvie Davis: When this plan was adopted it was pointed out that there were some deficiencies. We indicated to Council that we would be addressing those individually. Jane Johnson: Upon close scrutiny there were eight changes that she identified and have worked with the different department heads to make sure that these are the changes that need to be made. Jane Johnson reviewed each of the re-classifications with Council, and who will be affected by these changes. A Motion was made by Sharon Price, seconded by Tom Clark and carried unanimously to approve the changes, corrections and additions recommended for the 1996/1997 Classification and Salary Plan Schedule. I. Resolution No. 96-103 and Ordinance No. 96.441 Second Readin!~ - Revised Disciplinary Action Policy and C~rievance Procedure Policy found in the Marana Personnel Policy Manual. Hurvie Davis: Jane Johnson has been working with the Departments and with the Town Attorneys' office to put this together. We would recommend adoption of this policy this evening, with a few changes. Jane Johnson: Before Council this evening is the second reading of the proposed disciplinary action system and the grievance procedure. In general what had been added to the Disciplinary Action process is a list including but not limited to actions that would precipitate disciplinary action. The second change of the Disciplinary Action form is after the final step of the disciplinary action appeal that goes to the Town Manager, the recommendation is that the process goes to the Grievance Procedure. In the Grievance Procedure there are several changes. One is to include the grievable and non-grievable issues to make that a little bit clearer, And also to recommend that we use a grievance review board based on the research that she has undertaken. She would like to recommend to continue this issue to another meeting, there are still some things that need to be done. Sharon Price: She wanted to commend Jane Johnson for the work she has done on this issue. J. lnternet Update {Continued from 11-5-96(. Hurvie Davis: We have been working on getting the Town's a Home Page on the Internet for some time. Staff has been working with Virtual Showcase on this matter and we've been trying to update the Council off and on. Virtual Showcase: He went over what the Marana Home Page will look like and what information it will contain. The goals that the Town has wanted to accomplish he feels have been done, that consists of making Marana part of the Internet community. Sherry Millner: Council Member Millner thinks the Home Page looks great. Dan Hochuli: He has gone into the lnternet and looked at it periodically while the changes were being made. It presents a real nice image of the Town. K. Pima Association of Governments AKenda - Review and Direction. Hurvie Davis: We have included the Agenda this evening for Councfi to review. We expect the Agenda for the PAG Regional Council to be somewhat identical except the possibility of Item 9 - ADOT Membership; this is an item that the Council has supported. Mr. Davis went over some of the other items on the Agenda that are of interest to the Town. Dave After: He wanted to clarify something on the Thornydale Road Project. The project between Orange Grove Road and Ina Road is on the 1996 2000 TIP, that one has been adopted by the Regional Council. The 97 to 2001 TIP has not yet received air quality conformance and until it does it will not go on the Regional Council, so it is not yet funded but it has been programmed, L. Mayor and Council's Report. Sherry Millner: She had lunch with Shirley Scott and Janet Marcus. We discussed having dinner with the lady Council Members of nearby jurisdictions. We have a 20th Anniversary Committee formed, we have put it out to the Town employees and the public that we need volunteers, hopefully we will get a good response. She needs newsletter articles by the first week in December. Tom Clark: He was asked to attend a conference this past weekend at the Northwest Neighborhood Center. He talked about pr/vatization of prisons and industries that are going inside prisons and putting up mini-factories and using prison labor, He was surprised at how many private companies use prison labor. M. Manager's Report Hurvie Davis: We've had a number of meetings on the Orange Grove/Camino De La Tierra Annexation. We met with Sportspark officials to discuss the possible expansion of the Sportspark, they have plans to expand and they would like to talk to the Town about it. He attended the GTEC Board annual meeting with Vice Mayor Sharon Price and Council Member Millner a few weeks ago. Mr. Flannery and Mr. Davis met with the University of Arizona officials to talk about economic development in Marana and the role that the University could play. He has requested the Police Department to update our Emergency Operations Plan and Chief Smith and his staff have done that. We will be bringing it to the Mayor and Council soon for adoption. Bob Kern is in the hospital, he had a triple bypass operation yesterday, he is doing fine at Northwest Hospital. X. FUTURE AGENDA ITEMS None XI. ADJOURNMENT A motion was made by Sharon Price, seconded by Tom Clark and carried unanimously to adjourn the meeting at 9:48 p.m. AUDIO TAPE~ 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 November 19, 1996. I further certify that a quorum was