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HomeMy WebLinkAbout05/07/1996 Regular Council Meeting MinutesPLACE Ai~ID DATE Marana Town Hall May 7, 1996 I. CAlL TO ORDER By Mayor Honea at 7:10 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 Kai Bobby Sutton Jr. STAFF Hurvie Davis Dan Hochuli Sandra Groseclose Jerry Flannery Dave After Doug Maples Brad DeSpain Dave Smith Roy Cuaron Jane Johnson Mayor Vice-Mayor Council Member Council Member Council Member Council Member Council Member, excused Town Manager Town Attorney Town Clerk Planning Administrator Town Engineer Chief Building Official Utilities Advisor Chief of Police Finance Director Human Resources Director 21 Members of the Public V. APPROVAl OF AGENDA A motion was made by Herb Kal, seconded by Sharon Price and carried unanimously to approve the Agenda as written. VI. ACCEPTANCE OF MINUTES Not available for this meeting VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Hurvie Davis: Mr. Davis introduced Jocelyn Entz who is his new executive assistant. Also Bill Diamond has joined the Town of Marana under contract and he will be working with Jerry Flannery on development and annexation issues. MARANA TOWN COUNCIL MA~ 7, 1996 VIII. GENERAL ORDER OF BUSINESS A. Consent Agenda 1. Resolution No. 96-39: Continental Ranch Parcel 28 Preliminary Plat - Request for approve! of a single family detached home Subdivision Preliminary Plat located at N 1/2 of Section 21 T12S R12E, Continental Ranch Parcel 228. Property owner is Del Webb's Coventry Homes of Tucson, Inc. 8973 E. Sugar Sumac Street, Tucson, AZ. 2. Resolution No. 96-40 - Consideration of a Resolution approving an IntergovernmentA! Agreement between the Town and Pima County to allow for the exchange of services for pl~n~ review and inspections, in order to allow coverage of short~term personnel needs in the event of disparate workloads and/or overload situations. 3. Resolution No. 96-38 - Consideration of Resolution No. 96-38 authorizing the yearly exemption of certain Marana Police vehicles from the marking requirements of A.R.S. so that the vehicles may be used for the felony investigations and activities of a confidential nature. 4. Resolution No. 96-42 - Request for a special events liquor license by St. Christopher's Catholic Church for May 18~ 1996. A motion was made by Sharon Price, seconded by Tom Clark and carried unanimously to approve the Consent Agenda as written. B. Ordinance No. 96.231 Silverbell/Linda Vista Annexation - Consideration and approval of an annexation of 37 acres and the resulting transition of County zoning to Marana zoning located south of the present Town limits~ adjacent to the western border of Silverbell Road in a portion of NE 1/4 of the NW 1/4 of Section 20, T12S R12E~ assessor's parcel number 221- 02-002, G&~IRB~M, Pima County~ Arizona. Hurvie Davis: This matter has been before Council previously. Mr. Flannery has been working on the annexation with property owner Ken Ryan. Jerry Flannery: We have been working with this developer for quite some time. We have met with the Tohono O'Odam Nation on several occasions in regard to the Indian artifacts on the property. Hurvia Davis: The matter before Council this evening is the adoption of an Ordinance if the Council so desires to annex this into the Town of Marana. Jerry Flannery: The County zoning currently on the property is SR, the transitional zoning would be for R144. State law prevents the Town or any municipality to go through any kind of increased density as part of that transitional zoning. Frank Koski, 199 E. Ft. Lowell Tucson, AZ: The project is located on the west side of Silverbell Road south of Linda Vista. We are going to dedicate approximately 17 acres to the New Mexico Conservatory. Mayor Honea: Would the pads on this property be selective as to try to eliminate Saguaro damage. Frank Koski: You try to configure the house so you can save as many of the good Saguaros as possible. Sharon Price: How many Saguaros are not going to be saved, there are quite a few in that area. Jim Yeager, 1550 E Blacklidge Tucson, AZ: There are approximately 900 Saguaros on the twenty acres. On the roadways there are seven Saguaros that are not transplantable. Mayor Honea: The ones that are movable will they be transplanted to other areas on the property. Jim Yeager: It is his intention to move the vegetation into less populated areas on the property. Herb Kal: What is the average lot size per home going to be. Jim Yeager: In the front we have 17,000 square feet, the centers are 20,000 square feet and the back lots will go from 36,000 to 48,000 square feet. Herb I~i: If you have a larger lot size to work with you can place the house and get away from the bigger trees and Saguaros. We are in a very environmentally sensitive area. Ora Ham: She was concerned about the grading of the land. There are some really beautiful areas in there. Dan I-lochuli: Tonight if the Council adopts the proposed Ordinance that will annex the property into the Town of Marana and it will change the zoning from Pima County SR to Marana zoning R144, which according to State Law is the most that the Council can do tonight. R144 is the closest Marana zoning to the existing County zoning which does not allow more density. It has to be either the same County zoning or less dense then what the property currently carries. The ironic part is that the applicant has all the plants but the Council has the ability, under State, is required to annex it under the closest zoning. After the property is annexed the Council could deny the rezoning request by the applicant. The applicant does not have much choice about that because the State law does not want the Town permitting zoning as part of a deal for the annexation. The annexation stands on it's own. The rezone is not part of the process being considered tonight. Many of the concerns that the Council has raised if the property is brought back before the Mayor and Council later as a rezone, the Council will be able to deal with it then. Herb Kal: What would be the positive impact to the Town if we annex this property. Jerry Flannery: We would stand to gain a quality development if make sure all the checks and balances are complied with A motion was made by Ora Harn, seconded by Tom Clark and carried unanimously to approve Ordinance No. 96.23 for the annexation of 37 acres located in a portion of NE 1/4 of the SW 1/4 of Section 20, Township 12 South, Range 12 East, and the resulting transition of County Zoning (SR) to Marana Zoning (R-144}. C. Discussion and Direction - Tucson/Pima Arts Council Request for Town Council direction for an art prolect in the Town of Marana~ funded by the Intermodal Surface Transportation Efficiency Act [ISTEA[. Hurvla Davis: Last year we had an art project done in our Town through a similar effort as what we're talking about here today with Federal Transportation dollars. Mr. Flannery and Mr. Atler have been meeting with the arts group relative to another project. Mr. Flannery: This is the following year and there is another project that the Arts Council wishes to conduct within the Town. Staff met with the Arts Council on April 19, 1996 and talked about different sites and locations for a project. We also talked about some of the processes that need to be followed. Right now the Arts Council seeks direction from the Council in order to identify what type of project the Council wishes to see in the Town as well as a location. Ora Ham: Are the interchanges possible for the art projects. Jerry Flannery: He believes they are. Ora Harn: So an art project could be done at any one of the interchanges. Geri Wharam, Tucson Pima Arts Council 240 N. Stone Ave. Tucson, AZ: This is a summer job opportunity for community youth. They are high school students that have already been identified from Mountain View High School. Because of the grant application category there are a coupe of stipulations. It must be adjacent to a State Route and it must be a ceramic tile mural of some sort. Originally on the application it was designated to be placed at the southeast corner of Ina and Interstate 10. We feel this is not a very safe location for a youth project, right between 1-10 and the railroad tracks. We've been given an O.K. for looking at other possibilities along the Interstate. We are hoping to get some new ideas from Council. Miss. Wharam showed Council some ideas and suggestion as far as a project that could be done. Mayor Honea: A lot of people in the area and visitors to the Community don't realize where the Town of Marana begins and ends. Something on the Orange Grove Road area would be great, if we could get a welcome to Marana sign or something identifying the Town. Ora Harn: She also would like to do something on the south end of Town. Tom Clark: He agrees, something on the south side, maybe near Cortaro Road which generates a lot of traffic. If you have it on Orange Grove on the west side there isn't a lot there. Geri Wharam: She likes Council Member Harn's idea for the location to be at Ina and Interstate 10 on the west side. Hurvie Davis: Ina might be scheduled at some time for some reconstruction. ADOT has in their five year program has improvements and upgrades all the way from Tangerine Road to 1-19. The Ina interchange itself would need to be reconstructed because of the constriction that we have there Tom Clark: Could something be done where the art project could be set up where it would be able to be moved during a construction period. Sharon Price: The new Chamber of Commerce building is visible from 1-10, that would possibly be a good place to put some type of project. Herb Kal: It might be a good idea to form a committee to look into different sights and ideas. Mayor Honea: If we approved the project we could then go ahead and look for a site while the project is being worked on. Geri Wharam: We have some time lines that we are held to. We have to start working with the artist the first part of June and to have the project completed by July 26, 1996. If we had an idea of what the sign would say we could get started. Tom Clark: He likes Council Member Kai's idea of forming a committee so we can get started on the project. Hurvie Davis: He doesn't want to discourage any one from considering Ina Road and the 1-10 interchange. If you put an art project in and years later widen the road way it's not that difficult to move it. D. Resolution No. 96-41 - Consideration of a Resolution accepting as Town property but not for maintenance rights-of-way for Red Hawk Boulevard and portions of Moore Road from Tangerine Properties and Bay Colony-Gateway~ Inc. Hurvie Davis: This is a Resolution to accept the rights-of-way for Red Hawk Boulevard and Moore Road as Town property, but not accepting at this time for maintenance requirements. This is to allow for the construction to proceed up there. A motion was made by Tom Clark, seconded by Sharon Price and carried unanimously to accept Resolution No. 96-41 accepting as Town property but not for maintenance rights-of-way for Red Hawk Boulevard and portions of Moore Road from Tangerine Properties and Bay Colony Gateway, Inc. E. Floodway and Lower Santa Cruz Levee - Discussion regarding placement of occupied structures within the FEMA designated floodway by Mr. Karoly Horvath and Mr. Tim Escobedo~ and progress by Pima County on the lower Santa Cruz Levee. Hurvie Davis: This issue has been before the Council previously. Mr. Atler at the time gave Council quite a bit of history on this issue and he would ask Mr. After to bring Council up to date. Dave Atler: At the last Council meeting we had an appeal for property located in Berry Acres. We've had a number of inquiries in the last few months. Mr. Karl Horvath has a piece of property in Honea Heights, his property is some what different. Mr. Atler has done some research regarding some of the questions that Council had on this issue at the last meeting. Tape inaudible Tom Clark: Can we still get FEMA funds in case of a flood. Dave Atler: They were rather vague on their response to that question. His understanding is that if we went in and there was something that was insured and another flood happened, the party would apply for reimbursement for the damages. FEMA would then turn around and ask the Town to pay them for what they paid out. Tim Escobedo, 14385 W. Imogene Marana, AZ: If we were to have a flood today the floodway would probably end up much wider then it is now. Herb Kal: We have a County wide problem here. They are doing all this work in Tucson and it seems to be increasing the problems in Marana. Maybe if we could get some petitions with all the concerned home owners and send it to Chuck Huckleberry it might help the cause. Mayor Honea: Possibly a committee could be set up with a couple Council Members, Planning Commissioners and Staff to start putting some pressure on. Ora Harn: When the 1983 flood took place most of the pictures and information was on the Town of Marana. We lost lives as well as property. The Pima County Flood District received $91 million for flood protection. As Mayor Honea pointed out, maybe this area got some where around $250,000.00. Tape inaudible Karl Horvath, 12095 W. Moore Rd. Marana, AZ: He moved to Marana in 1985, bought a nice piece of land in Town. He wants to see the Town do something where everybody in Town is treated equally. Why do some people get away with things in Marana and then somebody else doesn't. He would like to see the Town Council do something. Why does the Town have laws if they don't enforce them. Floyd Foster, 13560 W. Price Ln. Marana, AZ: He purchased some land in Marana and was going to place a mobile home on the lot. When the manufactured housing company went to obtain the necessary permits they were told that new permits were not being issued for Honea Heights because it was in the floodplain. Therefore the home would not be able to be placed on the property. He understands the Town's position on this matter but he feels people should be told ahead of time before they purchase land. Mayor Honea: In the not to recent past the Town of Marana could not afford to have engineers and staff on board to keep track of a lot of these issues. When Mr. After came on board and was able to bring on a staff we were able to obtain FEMA maps and other resources. We found out that we have been operating incorrectly. Although we made some mistakes in the past unknowingly, it doesn't give us the right to continue to authorize things that are against federal laws. Once we were able to establish a professional staff we have tried to enforce the laws. We make exceptions if we think we can within reason. One of the reasons we have become more firm on this is if the Federal Flood Insurance finds we are acting improperly it could hurt every citizen in the Town. The Town is bound by laws as well and we can't supersede federal or state laws. Tom Clark: If Floyd had come to us asking for a variance might he still have been able to possibly get on that property that he purchased. Our public relations need to get better. Do the people know that there are processes where they can appeal decisions and apply for variances such as Mr. Escobedo did. Dave Atler: Mr. Foster and Mr. Horvath's situations are very unfortunate. We are no longer having our permit issues handled by outside consultants, they are being done in house. By doing it this way we have more control over it and know what's going on. RECESS. Council Member Tom Clark left the dais 9:13 p.m. F. Use of Town Logo - The Marana Chamber of Commerce request use of the Town of Mara,,~ Logo to be used on promotional materials. Hurvie Davis: The Chamber of Commerce has requested the use of the Town Logo for promotional materials. One concern of his is being careful where this logo shows up, it needs to be used properly. Ora Ham: The Chamber of Commerce in her opinion is certainly a part of the Town, she would be in favor of certain uses of our Town logo. A motion was made by Ora Harn, seconded by Sharon Price and carried unanimously to permit the Marana Chamber of Commerce to use the Town logo in promotional materials with the stipulation that before the material be put out it is to be reviewed by the Town Council. G. Resolution No. 96-43 - Entering into the second amendment to the amended and restated Development Agreement and Intergovernmental Agreement for Red Hawk Canyon~ r~in~ting the previous pre-annexation agreement recorded at Docket 8776 Page 2247 relAI-ing to 1,360 acres located near Tangerine Road and Red Hawk Boulevard. A motion was made by Sharon Price, seconded by Herb Kal and carried unanimously to adopt Resolution No. 96-43 entering into the second amendment to the amended and restated Development Agreement and Intergovernmental Agreement for Red Hawk Canyon. H. Substitute Assurance Agreement - Completion of subdivision improvements for Continental Ranch Parcel Eleven {11~ Lots 1 through 142 and Common Area A. A motion was made by Sharon Price, seconded by Ora Harn and carried unanimously to approve the Substitute Assurance Agreement, completion of subdivision improvements for Continental Ranch Parcel 1 I, lots 1 through 142 and Common Area A. I. Discussion/Direction - Future Municipal Complex Hurvie Davis: With the growth in Town Staff, in order to accommodate that growth it becomes necessary to look at the facilities that we have to provide for Staff as well as the public. In order to do that he has set up a Facilities Planning Committee, Mr. Atler heads that committee. Dave Atler: This committee ~vas formed a few months ago and is made up of Department heads and other Town Staff. We are trying to identify short term needs for each department at this time. The short term needs we have been looking at include the Police Department as well as the Utilities Department. Chief Smith has been looking at a number of locations to put a modular unit, this item is in his budget for the next fiscal year. We have talked a couple time where if the Police Department moves out Mr. DeSpain's Department might possibly move into the old modular. We are also looking at long term needs. We are looking for locations that are geographically central to the Town's activities. There are several different areas that are being looked at, including the vacant land next to the current Town Hall. Ora Harn: Has it been determined approximately how many square feet would be needed to accommodate Staff. Dave Atler: We haven't gotten into square footage, we are still in the planning process. Ed Honea: Have we looked at any existing facilities. Dave Atler: That was discussed. Hurvie Davis: His experience in many cities has indicated that this is a never ending situation of trying to provide space for employees. It is very difficult to plan ahead especially as fast as this Town is growing. Where ever possible you need to centralize as many functions as you can. There are certain functions that need to be strategically located throughout the Community, such as the Police Substation. We could build a building of our own for a lot less than we are paying for all the leases. Ed Honea: He appreciates the work that the Committee has been doing on this issue. J, First Consideration - A proposed amendment to the Marana Personnel Policies requiring that all potential and current employees of the Town of Marana whose duties involve unsupervised contact with minor children be finEerprinted. Hurvie Davis: This is an issue that we feel is necessary and is an area where we cannot be to cautious. Jane Johnson: This issue came up with the hiring that is taking place over the summer with youth programs. It became evident that we have not taken care of this particular issue, although it is a requirement. We have had all of the employees working with children printed at the Police Department. K. Disbursement of Contingency Funds - To purchase a building for the Marana Chamber of Hurvie Davis: This item came up a few months ago when we were dealing with our CDBG program. At that time Council instructed Staff to put funds into the upcoming CDBG program for the purchase of a building for the Marana Chamber of Commerce. Staff proceeded along those lines. The Pima County representatives dealing with the Program indicted to us that it was not an legible CDBG grant expense. We came back and Council substituted other projects into the CDBG program that were going to be funded through the General Fund. At that time it was indicated to put the $61,000.00 of funding for the Marana Chamber building into the next year's budget process. We have considered doing that, in the mean time the Chamber has contacted the Town and said they were ready to close on the property. Looking this over we have the funds available in our Contingency Program this year that could be made available if the Council so desires. Sharon Price: Do we need to put something in the motion in reference to reimbursement. Hurvie Davis: We could put a five year time limit for reimbursement. A motion was made by Ora Harn, seconded by Herb Kal and carried unanimously to have the Town provide funding of $61,000.00 for the Marana Chamber of Commerce building that is about to be purchased. That the money be funded out of the 1995-1996 fiscal year Contingency Fund and that there be a five year sunset on the sale of the building. L. Mayor's Report Mayor Honea: Mayor Honea met with different people in reference to the Cottonwood Properties. We are still working on both water purchases, we feel we are very close on the Cortaro purchase. M. Manager's Report Hurvie Davis: Mr. Vick Charnis retired from the Town last Friday, there was a small get together. Mayor Honea presented a plaque to Mr. Charnis for his many years of service to the Community. He attended the ADOT Board meeting along with Vice Mayor Price and Council Member Harn regarding the five year capital improvement program. He attended the opening of the Armed Forces Recruiting office in the North Point Shopping Center. We continue to meet with Tucson Water regarding water issues. As soon as the tentative budget is finalized we will distribute it to the Mayor and Council in advance of the June 4, 1996 meeting. We are looking right now at just under $15 million budget. IX. FUTURE AGENDA ITEMS Mayor Honea: He would like to have Mr. Maples draw up the verbiage to change the wall height around swimming pools back to five feet. When we adopted the over UBC Code it went to four feet, he would like it changed back to five feet. We also need to talk about taking some serious legal action and putting some committees together in flood control. The third item he would like to see put on the agenda is retreats with the Planning Commission and Department Heads. Ora Harn: She would like to get a plaque for the Town Hall and also the Marana Park to initiate the time it was built and other information. 7 Mayor Honea: We need to have a dedication ceremony for the art project outside of the Town Hall, a plaque needs to be ordered and dedicated. X. ADJOURNMENT A motion was made by Sharon Price, seconded by Ora Harn and carried unanimously to adjourn. TIME: 10:07 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 May 7~ 1996. I further certify that a quorum was present.