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HomeMy WebLinkAbout01/02/1996 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall January 2, 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. Mayor Vice-Mayor Council Member Council Member, excused Council Member Council Member Council Member STAFF Hurvie Davis Dan Hochuli Sandra Groseclose Jerry Flannery Roy Cuaron Town Manager Town Attorney Town Clerk Planning Administrator Finance Director 13 Members of the Public V. APPROVAL OF AGENDA A motion was made by Bobby Sutton, Jr, seconded by Sharon Price and carried unanimously to approve the Agenda as written. VI. ACCEPTANCE OF MINUTES A motion was made by Herb Kai, seconded by Sharon Price and carried unanimously to approve the minutes of the ReEular Council Meeting of December 19, 1995. VII. CALL TO THE PUBLIC None VIII. GENERAL ORDER OF BUSINESS A. Consent Agenda 1. Resolution No. 96-05 - Amendment to 1992 Community Development Block Grant Program {CDBG) for management and Implementation of remaining profect funds. 2. Resolution No. 96-06 - Amendment to 1993 Community Development Block Grant Program {CDBG) for management and implementation of remaining profect funds. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL JANUARY 2, 1996 3. Resolution No. 96-07 - Amendment to 1994- Community Development Block Grant Program {CDBG) for management and implementation of remaining pro|ect funds. 4. Resolution No. 96-01 and Ordinance No. 96.01 - Declaring as a public record and adopting "Chapter 6, Animal Control" as an amendment to the Marana Town Code, Setting forth rules~ regulations and penalties relating to animal control. This amendment incorporates the existing Animal Control Code into the Marana Town Code with minor modifications. 5. Resolution No. 96-02 and Ordinance No. 96.02 - Declaring as a public record and adopting "Chapter 13, Parks and Recreation" as an amendment to the Marana Town Code, Setting forth rules, regulations and penalties relating to Parks and Recreation. This amendment incorporates the existing Parks and Recreation Code into the Marana Town Code with minor modifications. 6. Resolution No. 96-03 and Ordinance No. 96.03 - Declaring as a public record and adopting "Chapter 8, Tax Code" as an amendment to the Marana Town Code, Setting forth a municipal tax code for the Town of Marana. This amendment does not change any of the tax codes, rather it incorporates the existing Marana Town Code into the Marana Town Code. A motion was made by Bobby Sutton~ Jr., seconded by Tom Clark and carried unanimously to approve the Consent Agenda. B. Public Hearing; Ordinance No. 96.04 - {PCZ 95-09) Application for a rezone for .985 acre parcel of a 3.62 acre propertv {Lot 17 Metropolitan Estates No. 1, Assessor's Parcel No. 225=40=033a1~ located at the northeast corner of West Ina Road and Meredith Boulevard, SW 1/4 SW 1/4 of Township 12 South~ Range 13 East, Section 32, for CO {Commercial Office) to NC Zone {Neighborhood Commercial). Hurvie Davis: This is a Public Hearing for a rezone of just less than one acre. Jerry Flannery: This item came before the Planning Commission at the November 29, 1995 meeting. It was recommended for approval with conditions as stated in the staff report. There was some discussion at the meeting regarding the lot size and the need for a variance. On the northwest corner in May of 1995 Transmark Company came in and wanted to put in some restaurants~ at that time a development agreement was submitted and reviewed. This obligated the developer to a certain amount of money to contribute to the traffic signal. In this case the developer had agreed to and set aside for an amount of $30,000.00. The development agreement at this point has been submitted and some of the discussion which has recently taken place is whether or not the money in lieu of a traffic signal or the development agreement itself is adequate. The other issue is the variance, it is scheduled for the January 16, 1996 Town Council meeting, there was an error in the legal description or it would have been heard at this meeting. Staff does not feel it is detrimental to the Town or the applicant to recommend approval on this case contingent on that variance. Bobby Sutton, Jr.: The main difference between Commercial Office and Neighborhood Commercial is what. Jerry Flannery: Commercial Office is of a less intense use, Neighborhood Commercial is a little bit more intense as far as what uses are allowed. Dan Hochuli: He has done a great deal of work on this issue with Mr. Flannery as well as the applicant. When the Transmark Company applied for development of the opposite corner we entered into a development agreement with that applicant providing for their contribution of 25% of the traffic signal. This is now across the street, but one of the contingencies in the proposed Ordinance No. 96.04 is that the applicant will enter into a development agreement with the Town providing for a 25% contribution to the light. He would prefer to do that in some fashion other than a development agreement. The development agreement process is long and does not assure the Town a light unless there is development. He talked with the applicant before the meeting about the possibility of the developer constructing the traffic signal themselves with the Town paying them back 75% of the light. It sounds the same but the difference is if they construct the light, they do it as part of the project. As the development is built out there is certain street improvements that will need to be done. In the Ordinance is a contingency that we enter into a development agreement with the developer providing the developer pay 25% of the cost of the construction of the light and the traffic improvements brought about as part of the light. We may not do the development agreement, we may find a better way to accomplish that, we are still working on that. One of the goals Staff is shooting for is having the light constructed as part of the development. Dave Atler: From our standpoint it is much more advantageous to all concerned if the light goes in when the intersection improvements are being done. Hurvie Davis: At Staff level there was some discussion about the light being so close to Ina Road. The County just put up at a light at Camino De La Tierra, this would be close spacing with a light also at Meredith. With his experience he feels that if a traffic study warrants a signal light it is best to have one for safety purposes. Mayor Honea declared Council out of Public Hearing. A motion was made by Tom Clark, seconded by Bobby Sutton, Jr. and carried unanimously to approve Ordinance No. 96.04 approving the rezone of approximately .985 acres of land located on the northeast corner of Ina Road and Meredith Boulevard from Zone CO {Commercial Office zone) to NC (Neighborhood Commercial zone) subject to the applicant meeting the staff conditions. C. Public Hearing; Ordinance No. 96.05 - (PCZ 95-10) Application for a rezone for a 9.94 acres property located on a portion of Lot I at the Southwest corner of Orange Orove and Thornydale Road, NE 1/4 NE 1/4 of Township 13 South~ Section 7~ from LI zone (Light Industrial) to HI zone {High Industrial). (Town initiated rezone) Hurvie Davis: This is a Public Hearing to rezone a parcel of 9.94 acres located at the southeast corner of Orange Grove and Thornydale from LI to HI, the property west of Thornydale is currently HI. It is the only zoning classification we have in our Zoning Code that is not cumulative, it doesn't take in all the lower uses. In working with the property owner and development interests in the area, Staff has initiated this rezoning on it's own to facilitate the resolution of this matter. Jerry Flannery: The Planning Commission at the November 29, 1995 meeting recommended unanimously that this item be approved. Because it is Town initiated they weren't too many conditions, we did have some standard conditions that we feel apply. This property really meets the intent, goals and purposes of the HI zoning. The property that is along the rail line and the frontage road is currently requesting an extension of time from the County so that they can zone heavy industrial within the County. It reverted due to a number of things that were having amendments in the County. Chances are very likely that it will be zoned heavy industrial because of it's location. Mayor Honea declared Council out of Public Hearing. A motion was made by Sharon Price, seconded by Tom Clark and carried unanimously to approve Ordinance No. 96.05 approving the rezone of approximately 9.94 acres of land located on a portion of Lot 1 at the southeast corner of Orange Grove and Thornydale Roads from LI {Light Industrial) zone to HI {Heavy Industrial) zone, subject to the applicant meeting the staff conditions. D. Request for Permanent Extension of Waiver - To allow recreational vehicles to park in vacant manufactured home spaces in the front section of the Valley of the Sun RV and Manufactured Home Park. Hurvie Davis: The Town has been giving one year extensions to the Valley of the Sun RV and Manufactured Home Park to allow RV~s to utilize the spaces not occupied by the manufactured homes. The applicant has come in and asked for permanent extension. Subsequent to the communication with Council it was discussed at the Staff level, it appears to Staff that if we go in and give a permanent extension it would be like a permanent rezoning. He is not sure if this was the original intent when the property was rezoned. Perhaps the most appropriate route to go if the applicant wishes to have something on a permanent basis is to go through a Significant Land Use Change process. We have had no problems to Staff's knowledge with this, it has improved considerably over the past few years. He would recommend to Council to either grant another temporary extension or if they want a permanent, they can go through the Significant Land Use Change process. Mayor Honea: If we give a permanent extension for RV vehicles it could easily just become an RV park. A motion was made by Bobby Sutton, Jr., seconded by Herb Kal that a one year extension of time for the use of RV's on vacant manufactured home sites in the Valiey of the Sun Mobile Home Park be granted and if the owner wants a permanent change to go through the Significant Land Use Change process. E. Significant Land Use Change Request (SLU 95-06) 5200 W. Ina Road - Consideration of Significant Land Use Chan~ie to establish a Waste Management Transfer and Recvcling Station at the north end of the Waste Management Maintenance and Headquarters Facility, which is currentlV under construction. Hurvie Davis: This is a request for a Significant Land Use Change for the Waste Management Facility located at 5200 West Ina Road. Within the last few months Waste Management went through a Significant Land Use Change to allow them to construet a headquarters there. They now want to expand that use to include a recycling project. Some of the Council Members have had some concern as to what the recycling would amount to. If the Council has a concern and wishes the matter to go to Public Hearing it has to be done within 35 days of the notification. It would perhaps be appropriate this evening if Council did wish to have a Public Hearing. If more than 25% of the affected property owners protest it would be subject to a Public Hearing before the PLanning Commission. Dan Mci~uade, Operations Manager for Waste Management in Tucson: Mr. McQuade gave a brief overview of what is pLanned. The facility right now is in the design stages so we don't have anything to present to Council at this time. Through the normal process that will be supplied to Council. About 98% of the facility would be indoors. Some of the concerns he has heard included having trash Laying around and it being a big mess. We are required by the DEQ to have all residential trash to be cleaned up daily, it has to be off the property within 24 hours. Mayor Honea: He doesn't have any problem with the recycling, but he has a concern about organic materials being dumped and processed in order to pull recyclables out. He is concerned with odors and flies and things of that nature, what types of things are done to control these problems. Dan Mc~uade: We use moisture control and also perfumes to make sure there are no odors. One of the things that he has experienced at other facilities is since it is cleaned up on a daily basis, the facility is kept clean. Mayor Honea: How many trucks would be run out of this facility. Dan McQuade: He is not sure at this point. Mayor Honea: He has a concern with hundreds of trips being made a day in those large trash trucks on Ina Road. Dan Mc(~uade: We typically average one load a day per truck. Tom CLark: Trico has expressed some concerns over this, have their concerns been alleviated. Dan Mc~uade: We had a conversation with them today and made contact with a member of the Board of Directors. We are scheduled to go before their Board on January 23, 19~)6. They basically have the same concerns that Council has brought up tonight. Tom Clark: Private homeowners won't be able to dump trash in that facility will they, just recyclables. Dan Mci~uade: They can bring trash to the facility. Tom Clark: He has a problem with that. Private haulers don't haul their trash properly and it turns into a mess. 4 Dan McQuade: Once the Tangerine Landfill closes and if we don't have a transfer station for them to dump at and have it handled properly, the question is where do they dump it then. Tom Clark: Will Waste Management have the ability to stop people who are not securing their trash and turn them around. Dan McQuade: Yes. Tom Clark: Ifwe are talking about large trucks, 18 wheelers. Dan McQuade: We are probably looking at somewhere between three to five trucks. When we dump one of our collection vehicles we can put about three loads from collection vehicles into one semi. Mayor Honea: Is there going to be a cost factor for private individuals to dump. Dan Mc~uade: Those numbers haven't been worked up yet. Mayor Honea: He agrees with Councilman Clark in regards to private citizens dumping. Mike Costello, General Manager Waste Management: The individual people coming in are very secondary. Mayor Honea: Is there a facility that is basically identical to what you want to build in Marana that Council would be able to tour. Mike Costello: Yes. Bobby Sutton, Jr.: He agrees that it would be a mess to have private citizens dumping, we need to start looking into it. Possibly it would be an option in the future when the Landfill is closed. Sharon Price: She likes the idea of local people being able to take recyclables in. Dan Mc~uade: If the issue with private citizens dumping poses a problem, it doesn't have to be done. Mayor Honea: He would like to try and schedule some tours to get Council Members and Senior Staff to tour a facility. January 18, 1996 at 3:00 p.m. was set up as the time for the Town to tour the facility. Brad DeSpain: He would like to speak on behalf of Trico Electric. Trico has written two letters to the Town Clerk. Trico does not want to be a good neighbor, but they have some concerns. They feel Waste Management should have come to Trico and said they wanted to do this so it could be talked about. Tricots biggest concern is the trash in the area. Trico would recommend that this issue goes before the Planning and Zoning Commission. Tom Clark: He concurs with Mr. DeSpain on behalf of Trico, this item should go before the Planning and Zoning Commission. Hurvie Davis: As a condition of the first approval for the Significant Land Use Change, did we require Waste Management to add a third land on Ina Road for turning movements. Dan Mc~uade: Yes. Herb Kai: This issue is serious enough that it should go through a Significant Land Use Change. F. Dust control of Old Silverbell Road west of Sanders Road - Discussion relating to options and cost for providing dust control measures on Old Silverbell Road. Hurvie Davis: This issue has been before Council many times. The Council asked that this be put in the Agenda as a result of some citizens that live on the extreme end of Old Silverbell Road. When MTC came in we required them to put in a roadway from Sanders Road to their facility. We found out that Old Silverbeil Road is not public right-of-way and never has been, it's State land. As a result of that we had to get an appraisal and a survey to determine what roadway right-of-way we needed. It then went to public auction and MTC bid on behalf of the Town of Marana and won. The property was then deeded to the Town. They also paved the roadway from Sanders to the entrance of the facility. Consequently the only section of Silverbeil that is pubic right-of-way is that section that is currently improved. When we got involved with the first section a couple years ago with the State, the State said basically go ahead and do what you want with it. We have before Council tonight a proposal to treat Silverbeil Road, we would recommend chip sealing. If this project is approved it cannot be done now, we must wait until the temperature of the roadway is higher in the Spring. Herb Kal: If we have to acquire right-of-way from the State that could be an additional $40,000.00, according to what MTC paid for their right-of-way. Hurvie Davis: He would suggest just going ahead and chip sealing it and not worry about the right-of-way. He does not think that the traffic generated on this roadway at this time does not warrant putting out $100,000.00. The State can come in at any time and close that roadway off, but it has been used as a roadway for 70 years. A motion was made by Bobby Sutton, Jr., seconded by Tom Clark and carried unanimously to direct Staff to chip seal a portion of Old Silverbell Road. "Announcements" under this items. Hurvie Davis: We did change the format of the Agenda a few months back. There has been some confusion as to when the announcements are made since there is only a Call to the Public now. Bobby Sutton, Jr.: He thought it was confusing when this item was changed. In the Call to the Public it states that anyone is ailowed to address the Town Council. Hurvie Davis: Option E Cail to the Public and Announcements would be more identifying to the Public as to what the item is. Sharon Price: The reason that the Call to the Public was changed was there was a lot of confusion as to what Petitions and Comments and what Announcements meant. We thought if we had it all in one category that would take care of this problem. Mayor Honea: Could we just change the name of the item and leave the other information the same. Dan Hochuli: If we change it to Call to the Public and Announcements and change the text a little underneath that would clarify this item. The present format is contained in the Policies and Procedures, but within the net month or two we will be bringing those Policies and Procedures back to the Council as Chapter 2 or 3 of the new Town Code that is being worked on. We are going to make some other revisions to that and more, this could be incorporated with that. Staff has Council's direction on this item. H. MAYOR'S REPORT Mayor Honea: He has been invited to go to the State of the City address by Tucson Mayor Miller. He is looking forward to building a stronger bond with the City of Tucson and Marana. He is going to meet with Pat Tierney from the Metropoiltan Tucson Convention and Visitor Bureau. Hopefuily we can coordinate Marana in with some of the Convention and Visitor's Bureau policies. We wish to be a part of their procedures, it benefits the Town. Mayor Honea will be meeting with the CMID to talk about negotiating a sale. I. TOWN MANAGER'S REPORT Hurvie Davis: He was on vacation last week. On January 11, 1996 there is a meeting to meet with the Legislative Delegation in Phoenix through an effort of GTEC. IX. FUTURE AGENDA ITEMS None X. ADJOURNMENT A motion was made by Bobby Sutton Jr., seconded by Sharon Price and carried unanimously to adjourn. TIME: 8:30 p.m. AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOW~I HALL CLERK'S OFFICE. CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Regular Council Me/et~ of the Marana Town Council held on January 2, 1996, I further certify that qu~.rltlllA~_ s p~esent, ·