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HomeMy WebLinkAbout11/05/1996 Regular Council Meeting MinutesPLACE A-ND DATE Marana Town Hall November 5, 1996. I. CALL TO ORDER By Mayor Honea at 7:06 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Honea III. 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 Sandra Groseclose derry Flannery Doug Maples dane dohnson Jocelyn Entz Harvey Gill Roy Cuaron Brad DeSpain Hugh Holub 11 Members of the Public Mayor Vice-Mayor, excused Council Member, excused Council Member Council Member Council Member, excused Council Member Town Manager Town Attorney Town Clerk Planning Administrator Chief Building Official Human Resources Director Assistant to Town Manager Assistant to Town Engineer Finance Director Utilities Director Water Attorney V. APPROVAL OF AGENDA A motion was made by Bobby Sutton, Jr., seconded by Sherry Millner and carried unanimously to approve the Agenda with changes. Moving Item 9E, 9J, 9K, 9L and 9M in front of Item 9A. VI, ACCEPTANCE OF MINUTES A motion was made by Bobby Sutton, Jr., seconded by Ora Harn and carried unanimously to approve the minutes of the Special Council Meeting of September 26, 1996 and the Regular Council Meetings of October 1, 1996 and October 15, 1996. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Ora Ham: She will be having a victory celebration at her house tonight. She would like every one to stop by. VIII. STAFF REPORTS GENERAL ORDER OF BUSINESS E. Potential Purchase of Water Systems - Marana Water Service~ Inc./l. M. Water Company and Klos Water CompanV. Hurvie Davis: We have been negotiating with Marana Water Service Inc. to purchase three of the five systems they own in the Marana area. It has been going on for some time. We've had appraisals on the system. We went before the Water Advisory Committee, they recommended offering $228,000.00, that is a low fi~ure. The owner of the system indicated he would not take that amount. The owner has indicated that he would be willing to take $330,000.00. We are prepared perhaps to recommend an amount higher then the $228,000,00 but not as much as the $330,000.00 that the owner wants. Brad DeSpain: Mr. DeSpain went over some maps that he brought before Council and also information on these water companies. We have spent considerable time negotiating after the owner received the letter where the offer was made. It is his feeling that if Council so desired you could offer $300,000.00 for the 270 customers that are involved in this transaction. The Water Advisory Committee had some stipulations that dealt with annexation. It would be Mr. DeSpain's recommendation to Council that the Town offer him $300,000.00. That puts us into the cost per customer at about $1,111.00 per unit. A motion was made by Ora Harn, seconded by Bobby Sutton, Jr. and carried unanimously to offer $300,000.00 for the Marana Water Service, Inc., and that we enter into an agreement with them to purchase that company. Hurvie Davis: In the essence of time this evening Mr. Davis doesn't think it is critical to discuss the Klos Water Company and others. It will be brought back before Council at a later time. J. Executive Session - Pursuant to A.R.S. Section 38-431.03[A) (4) for discussion and consultation with the Town Attorney regarding the Town's position in the pending litigation Centric-Jonee Company vs. Town of Marana. A motion was made by Ora Harn, seconded by Bobby Sutton, Jr. and carried unanimously to go into Executive Session. Council is back in session at 8:02 p.m. K. Centric-Jones vs. Town of Marana - Discussion and Action. A motion wad made by Bobby Sutton, Jr., seconded by Ora Ham and carried unanimously to direct Town Staff and Town Attorney to make a settlement offer to Centric-Jones for them to pay $145, 000.00 as a settlement for the Centric-Jones vs. the Town of Marana lawsuit. A. Public Hearing - Ordinance No. 96.423 Approval to rezone property located at 6910 North Camino Martin~ South of the Ina Road and Camiuo Martin intersection in the Northwest 1.4 of Section 6, Township 13 South, Range 13 East, Assessor's Parcel Number 101-04-0130, from Town Ciassification R-36 {Single Family Residential) to HI {Heavy IndustrialS. Applicant is Lewis E. Johnson~ P.O. Box 56~ Tucson~ AZ 85702. A motion wad made by Bobby Sutton, Jr., seconded by Ora Ham and carried unanimously to continue Item 9A until the next Council meeting, November 29, 1996. B. Public Hearing - Ordinance No 96.41 Approval to rezone property located at 6808 North Camino Martin, in the Southeast 1/4 of the Northwest 1/4 of Section 6, Township 13 South, Range 13 East, Assessor's Parcel Number 101-05-015Dt from Town Classification R-36 {Single Family Residential) to HI (Heavy. Industrial). Applicant is Clint Taylor, New West Drywall, 215 W. Lester, Tucson, AZ 85?05. Ron Asta, 1790 E. River Rd. Tucson, AZ: This is a proposal for a construction yard in an industrial area that is surrounded by construction yards. Planning Commission unanimously recommended approval, we have no protesters. Mayor Honea: Mayor Hones asked if anyone would like to speak on this issue. Mayor Honea declared Council out of Public Hearing. A motion was made by Bobby Sutton Jr., seconded by Sherry Miilner and care/ed unanimously to approve Ordinance No. 96.41 for the rezoning of 1.6 acres located at 6808 North Camino Martin from R-36 {Single Family Residential) Zone to HI Zone Heav~ Industrial. F. Purchase of Domestic Water System - Approval for adoption of amended Memorandum of Understanding between the Town of Marana and the Cortaro's Water User's Association and the Cortaro Marana Irrigation District for the purchase of the domestic water system owned by the Cortaro Marana Irri[iation District. Hurvie Davis: This Memorandum of Understanding has come before Council previously, it was adopted. We transmitted it to CMID. We are back before Council this evening on the issue for slight changes in the wording. Staff would recommend approval of the revised Memo of Understanding. Brad DeSpain: Mr. DeSpain briefly went over the rewording. We would like to give this to CMID next Tuesday and have it approved by their Board, then the IGA can be developed from that. A motion was made by Ora Ham, seconded by Bobby Sutton Jr. and carried unanimously to approve the amended Memorandum of Understanding with the CMID/CWUA for the acquisition of the CMID/CWUA potable water system and direct staff to finalize the Intergovernmental Agreement. C. Si~n Code Appeal by Red Roof Inn - Red Roof Inn is appealing[ the September 25, 1996 decision of the Planninf~ Commission on PCM-9671 which denied approval of a freeway sign located along the 1-10 Frontage Toad northwest of Ina Road. The applicant is Pearson's SiEn Co., 3162 East 47th Street~ Tucsont AZ 85726. Hurvie Davis: This issue pertains to a sign that the Red Roof Inn has requested. Staff as well as the Planning Commission have denied this request. Under the Sign Code there is no alternative. They are expected to open later this month and they would like a sign so they can open. Jerry Flannery: This item does not comply with the Sign Code as per our requirements for freeway signage. Freeway signage is permitted within a 400 by 500 foot area from the interchange and the interstate anct the road that intersects the interstate. In this case it is Ina Road and Interstate 10. This sign falls outside of that area by approximately 250 feet. The request is an appeal of that freeway pole sign. If the Council recommended that the freeway sign be allowed it would be the first outside of the 500 foot area. The sign would be 65 feet high and 300 square foot maximum. Staff has no other recommendation than to uphold the Sign Code on this issue. David Jones, representing Red Roof Inn: Mr. Jones gave some advantages to having the Red Roof Inn within the Town of Marana. It is essential for the business to have this visibility to freeway traffic. Mr. Jones went over an aerial photograph with Council involving the sign and the property. Bobby Sutton~ Jr.: Is there a hardship variance and would this fall under it. Jerry Flannery: The Sign Code permits an appeal of any kind of denial that Staff would make as well as the Commission. There is a variance potential and Council has granted variances in the past. This is the first of its kind that has been outside of the area that has been prescribed by the Sign Code. A variance is possible; that is the process they are going through right now. Bobby Sutton~ Jr.: When the company bought the property was it not the same, was the Sign Code different, did they think they would be able to put up a sign. David Jones: He doesn't know to what extent the Red Roof Inn looked at this issue. Mayor Hones: What size sign would be allowed without a variance there. 3 Jerry Flann~ry: The maximum height would be 25 feet high and 100 square feet. Ora Harn: Has there been any kind of discussion with Town staff about what they could do about the sign, what would be acceptable to Staff. What can be done that would be a good compromise, something where the Red Roof Inn could get adequate signing to open their business. And also something that the Town could live with, Jerry Flannery: We have had several discussions. The original request had other sign appeals that were also denied. This appeal only pertains to the freeway pole sign. There were issues involving the wall sign as well as the sign that fronted on Ina Road. This is the only one that there was an impasse. Sherry Millner: Her concern is if the Council starts giving variances to everybody that comes through with a sign, why have a sign code. Jerry Flannery: There is a maximum of three signs per corner; r/ght now there are three signs. If Red Roof Inn came in and applied for a sign on that driveway at 65 feet high, 300 square feet, it would be denied because there's already three signs on the corner. Bobby Sutton, Jr.: The Sign Code doesn't offer anything when the signs are on the same pole. Jerry Flannery: It talks specifically that there shall be a maximum of three signs allowed pursuant to this section. When the Holiday Inn came in they requested that they have the three. David Jones: His understanding is that the Sign Code allows a freeway to be 65 foot high and 300 square feet. There is a definition in the Code which is common among all sign codes, that define a multiple business sign. The definition of that is a sign upon which more than one business is displayed. Ora Ham: She can understand the company's problem; you have three motels in a row. Sherry Mtllner: The Red Roof Inn wasn't told before they started building that they weren't going to be allowed to put a sign up. Mayor Honea: They can put a sign up but it can only be 25 feet high, not 65 feet high. Sherry Miliner: How high are the other signs. Mayor Honea: 65 feet to the top. Bobby Sutton~ Jr.: He wants to work with all businesses to make them profitable. Hurvie Davis: There may have been another extenuating circumstance. With the exception of the Texaco station on the south side of the road, most of that property around there is County which will remain that way in all probability. You probably won't see signs go up on the south side of road. Ora Ham: She would like to have this item extended to the next Council meeting. Bobby Sutton, Jr.: With the other corner being County and we might not see signs and the fact that the three signs are on one pole, Council Member Sutton made a motion. A motion was made by Bobby Sutton, Jr., seconded by Ora Harn and carried unanimously to approve a variance for Red Roof Inn to allow them to construct a freeway sign with the approximation of where that sign is going to be on the property, that can be discussed with Staff. That this be approved as a variance to the Town's Sign Code. Council Member Ora Harn left the dais. D, Tortolita Mountain Park Master Plan and Revised Eastern Pima County Trail System Master Plan - Update and presentation by Pima County Parks and Recreation Department. Dan Felix, Pima County Parks and Recreation Director: He is requesting that this Item be continued until the next Council meeting. G. Recommended Modifications to 1996 - 1997 Classification/Salary Plan - Corrections~ additions and changes to address various issues in Classification and Salary Plan approved October 1~ 1996. Continued until November 19, 1996 meeting. H. Political Signs - Discussion of Section 16-11-4~ Political Signs of the Town's Sign Code. Continued until November 19, 1996 meeting· I. Internet - Update Continued until November 19, 1996 meeting. L. Executive Session - Pursuant to A.R.S. Section 38-431.03 {A {4) for discussion and consultation with the Town Attorney for legal advice on an Intergovernmental Agreement between the City of Tucson and the Town of Marana. Continued until November 19, 1996 meeting. M. IGA between the Town of Marana and the City of Tucson - Discussion and Action. Continued until November 19, 1996 meeting. N. IGA between Town of Marana and City of Tucson - Amendment to IOA regarding Annexation; Water: City of Tucson. Continued until November 19, 1996 meeting. O. Mayor and Council's Report. No report. P. Manager's Report No report. X. FUTURE AGENDA ITEMS None XI, ADJOURNMENT Mayor Honea declared the meeting adjourned with a quorum no longer being present. TIME: 8:42 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 November 5, 1996. I further certify that a quorum was present, t · L,/G~O ~, TOV~N CLE~ 5