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HomeMy WebLinkAbout12/19/1995 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall December 19, 1995 I. CALL TO ORDER By Mayor Honea at 7:07 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 Ham Sherry Millner Herb Kai Bobby Sutton Jr. Mayor Vice-Mayor Council Member Council Member Council Member Council Member Council Member STAFF Hurvie Davis Dan Hochuli Sandra Groseclose Jerry Flannery Roy Cuaron Dave Atler Brad DeSpain Doug Maples David Smith Town Manager Town Attorney Town Clerk Planning Administrator Finance Director Town Engineer Utilities Director Building Official Chief of Police 24 Members of the Public V. APPROVAL OF AGENDA A motion was made by Bobby Sutton, Jr., seconded by Ora Ham and carried unanimously to approve the agenda with the foliowing change, moving Items 9C and !)D to be the first Items in General Order of Business. VI. ACCEPTANCE OF MINUTES A motion was made by Ora Ham, seconded by Tom Clark and carried unanimously to approve the minutes of the Regular Council Meeting of December 5, 1995. VII. CALL TO THE PUBLIC Mayor Honea and Brad DeSpain presented awards to Sherry Potter Cervi, the new World Champion Barrel Racer. Mayor Honea thanked Sandy Groseclose, Council Member Millner and Jane Johnson for putting together the Christmas party for the Town. Bob Millner, 7227 W. Odyssey Way: Mr. Millner is before Council on behalf of the new league that is starting. The kids in the Continental Ranch area don't have any where to play right now, so we are beginning a new league. We have got a ride donated from a hot air balloon company, we are giving everyone an opportunity to purchase a ticket for a chance to win the ride to help raise funds for the league. Ora Ram: There may still be some families in the Community who have needs for food for Christmas. The Food Bank is trying to find those families, if you know of any please let them know. Jerry Flannery: Mr. Flannery introduced Paul Sweum the new Planner I for the Town of Marana. Dave Atler: Mr. Alter introduced Abel Sanchez who will be working in the Engineering Department. VIII. STAFF REPORTS Reports are on file at the Marana Town Hail. IX. GENERAL ORDER OF BUSINESS C. Reconsideration of Previous Council Action - Discussion and possible action relating to reconsideration of Council action of November 21~ 1995 denying the rezoning request for Cortaro Ranch IShamrock Dairy} and reconsideration of Ordinance No. 95.30 IPCZ 95-07}. If the Council votes to reconsider the matter~ the next Agenda can be called and acted on. Council Member Kai declared a conflict of interest on Items C and D and left the dais. Hurvie Davis: On November 21, 1995 an item came before Council for the rezoning of the Cortaro Ranch, commonly referred to as the Shamrock Dairy Property. At that time the Council voted to deny the rezoning request because of various concerns. This item was requested to be back on the Agenda for reconsideration. If the Council approves a reconsideration of the Item then you can move to Item D, which is a reconsideration of the zoning itself. A motion was made by Sherry Millner, seconded by Sharon Price and carried unanimously with Council Member Herb Kai abstaining from the vote to reconsider the previous Council action on Ordinance No. 95.30. D. Ordinance No. 95.30 - (PCZ 95-07) Cortaro Ranch Rezone (Shamrock Dairy]; Reconsideration for rezoning of a 98.7 acre parcel from Zone C {Large Lot Zone, minimum lot size 25 acresl to R-8 (Residential, minimum lot area 8,000 sq. ft.] and VC (Village Commerciall~ in order to develop 299 single family residences and community level retail services. {Note: This is a reconsideration of a zoning request which was previously denied.I This item will only be acted upon if the previous agenda item successfully calls for reconsideration of this item. Hurvie Davis: The Council voted on November 21, 1995 not to approve the rezone at that time. The biggest concern was the 1-10 and Cortaro Road interchange. The ADOT district staff in Tucson has requested $4.0 million from the headquarters office in Phoen/x to make these improvements. However there are about five years off. Staff indicated to Mr. Davis that if there was a way to advance some funding for this project they could move it up a lot earlier than the five years. As a result Council has taken action to advance money in concert with developers on both sides of the Interstate to the State Transportation Department so that improvements can be brought forward earlier. His recent discussion with ADOT staff indicated that the 6 month concept design report that they were talking about, they have moved that up to 3 months. He expects it around the middle or end of February. They further indicated that if this thing could move forward they could have construction under way by July of 1996. Staff continues to support the rezoning. Tom Clark: Since he has been on the Council this is the first rezoning that has been in the proximity of an interstate interchange. There are a lot of things that need to be taken into consideration as far as traffic. From the vote that was taken last time from the Continental Ranch area and have to deal with that traffic daily, he appreciates their vote at the last meeting. At the last meeting he voted against this item and he wants people to know it was because he wanted time to review information he received at the last minute. MARANA TOWN COUNCIL DECEMBER 19, 1995 Carol Duffner, 3910 W. Potvin: At the November 21, 1995 Council meeting you expressed the desire to meet with the Marana School Board in regards to the problems that the District is facing with overcrowding. Since this request deals with 299 single family residences this would definitely have an impact on the system. Would it not be better to wait on this item until atter Council meets with the School Board. The commercial request would be perfect, she would urge Council to approve this part only of the rezoning. Joe Murray, 3230 W. Hardy Road: He is here to speak on behalf of the schools. You may have come up with an alternative for the traffic but the schools will still experience the same problem. Pat Murray, 3230 W. Hardy Road: She would like to also speak regarding the school situation. The builders that are requesting all these rezoning in Marana, why don't the Town go to them and they could donate the money so the new schools could be staffed. Katherine Temple 9811 Stone Creek Pl.: Is it legal to have this discussion tonight. Dan Hochuli: The Pima County Board of Supervisors has an Ordinance that governs their reconsideration of issues. We don't have such an ordinance. Our Council appointed a subcommittee and went through 6 to 8 months of discussions last year to come up with a procedure where this could be done. It must be requested to be put back on the A~enda by someone who was on the winning side of the vote, and it was. Katherine Temple: How moral is it to make a decision and come back and reverse. She agrees with going ahead with the commercial but not the homes at this time. Hurvte Davis: If Council decides to take affirmative action on this tonight, you can refer back to the motion on the original blue sheet that was submitted. A motion was made by Bobby Sutton, Jr., seconded by Tom Clark and carried unanimously with Council Member Herb Kal abstaining from the vote to approve Ordinance No. 95.30 approving the rezone of a 98.7 acre parcel known as the Cortaro Ranch rezone from Zone C {Large lot zone] to R-8 (Residential) and VC {Village Commercial) subject to the applicant meeting the staff conditions. Council Member Bobby Sutton, Jr. was excused at 7:50 pm. Council Member Herb Kal returned to the dais. A. Public Hearing, Sunset Road II Annexation - Public Hearing on Proposed Annexation of an area known as the Sunset II Annexation, south of the present town limits to Sunset Road including portions of Sections 12 and 13 in Township 13 South, Range 12 East, and Sections 7 and 18~ Township 13 South, Range 13 East, Gila and Salt River Meridian in Pima County, recorded at Docket 10179, Page 2445. Council Member Herb Kal declared a conflict of interest and left the dais. Hurvie Davis: This item is a Public Hearing before Council this evening for the Town to consider annexing property on the west side of Interstate 10, Sunset Road north to the present Town boundaries. This is part of an annexation we had discussed with the Council, that we would annex basically all of the property from the Interstate north of Sunset Road, and some south. As part of the negotiations with the City of Tucson we agreed to drop the Sunset Farms area out of this effort. Carl Winters, 270 North Church Ave.: He represents the Caprice Company L.L.C. who is a major owner in this district. We would request to be able to work with Town staff and delay the actual annexation until our final plat is approved and recorded so we won't have to start again. Hurvie Davis: Staff can possibly work with that on this issue. Council Member Herb Kai returned to the dais. B. Public Hearing, Resolution No. 95-72 and Ordinance No. 95.33 - Proposed Water Rates Increase - Public Hearing on increase in water rates for Marana Water Company customers as recommended by the Water Advisory, Board; Declaring as a Public Record and adopting Chapter 14 of the Marana Town Code, incorporating the existing water code and revised rate structure into the Town Code. Brad DeSpain: In the process of br/nging the issue of a water rate increase before Council we failed to make one important step. We should have asked for a motion where by you would have an intent to raise water rates issue. Everything after that we did to the letter of the law but we are back to base one from Mr. Hochuli's recommendation. We will need to have a motion whereby you as the Council will have a recommendation to initiate the raising of the water rates and look at the proposals we have presented. Dan Hochuli: We followed the Marana Water Code, Arizona law added one kind of obscure requirement that was never brought into ours. We can hold the Public Hearing tonight but we will need another one on February 6, 1996. Staff is requesting tonight that if the Council is interested in taking any action to follow up on the Water Advisory Board's recommendation of a rate increase, that you would adopt Resolution No. 95-72 this evening. A motion was made by Ora Harn, seconded by Tom Clark and carried unanimously to adopt Resolution No. 95-72. E. Resolution No. 95-71 and Ordinance No. 95.32 - Declaring as a Public Record and adopting Chapter 7 of Marana Town Code, setting forth the Building Code of the Town of Marana, adopting the Uniform Administrative Code {1994~ Uniform Building Code {19941~ Uniform Housing Code {1994}, Uniform Code for the Abatement of Dangerous Buildinl~s (1994~, Uniform Plumbing Code {1994~, Uniform Mechanical Code {1994), Uniform Fire Code [1994~ National Electrical Code (19931~ Uniform Building Conservation Code {1994}~ Building Valuation Data Table, Tucson/Pima County Spa and Pool Code {1995), Pima County Outdoor Lighting Code ~1995~ and Uniform Building Code Chapter 11 (1994~. Hurvie Davis: Periodically the industry comes out with a new Uniform Building Code. Before Council tonight is the adoption of Chapter 7 of the Marana Town Code, setting forth the Building Code of the Town of Marana. Doug Maples: The various codes before us tonight are 1994 codes, we presently have the 1991 codes adopted. These new codes take into consideration the various new technologies in construction. The codes bring to the public protection from disaster due to fires, structural collapse and general deterioration, it will also bring into the Town a lighting code and pool ordinance, which will bring uniformity. Ora Ham: She realizes that we need to have safe buildings codes, but she is concerned about going with the County and City codes. She doesn't want it to get to the point where people are tied up in the bureaucracy. Mayor Honea: Are these standard UBC Codes. Doug Maples: Yes they are. The modifications that Mr. Maples was speaking of that Pima County and the City of Tucson have that he was proposing for adoption address unique and special provisions within the codes for the Arizona area. It does not bring in any additional restrictions that would ordinarily cause harm or additional bureaucracy to the public. Dan HochuB: We are proposing that this be adopted as Chapter 7 of the Town Code, we don't have a Town Code. In the past when we've adopted the Building Code we just passed an ordinance. Staff has been working on putting the Marana Town Code together for the past year and a half. This will contain most of the laws that the Town is governed by. We will have the Land Development Code and the Tax Code. Ora Ham: We have enough people over at the Development Center who can realiy help the people through the processes that we are putting up. Hopefully this will be good for them and not bad. A motion was made by Ora Rarn, seconded by Sharon Price and carried unanimously to adopt Resolution No. 95-71 making Marana Town Code, Chapter 7 Building a public record and I move that the Council adopt Ordinance No. 95.32 adding Chapter ? to the Marana Town Code. F. Resolution No. 95~68 - Vacating portions of old Cortaro Road~ formerlV used as roadway, and transferring ownership of said portions to the a~iacent land owners: Ranch Holdings~ L.L.C. Northwest Fire District, and the Bettina V. Stelnfeld Trust. Hurvie Davis: This is a request to vacate portions of old Cortaro Road. It is no longer needed for a roadway because of the realignment. We are asking Council to approve vacating that this evening and transferring ownership to the adjacent landowners. A motion was made by Herb Kal, seconded by Sharon Price and carried unanimously to adopt Resolution No. 95-68 approving the vacating of Old Cortaro Road. O. Resolution No. 95-69 - Intergovernmental Agreement (Ii,A) between Arizona Department of Transportation for State Administration of federal funds for repairs to Moore Road, Sanders Road to Sandario Road with local matching funds. Hurvie Davis: This item is seeking approval for an intergovernmental agreement between the Town and the State Department of transportation for the administration of federal funds for the reconstruction of Moore Road from Sanders to Sandario. The total project cost is $513,959.00, of which $51,642.00 is the local share. A motion was made by Ora Harn, seconded by Tom Clark and carried unanimously to adopt Resolution No. 95-69, authorizing the Town to enter into an Intergovernmental Agreement with ADOT relating to the shared costs of the reconstruction of Moore Road, from Sanders Road to Sandario Road. H. Resolution No. 95-70 - and Ordinance NO. 95.31 - Declaring as a Public Record and adopting Chapter I of the Marana Town Code, setting forth General Definitions for the Town Code. A motion was made by Sharon Price, seconded by Sherry Millner and carried unanimously to adopt Resolution No. 95-70 and Ordinance No. 95.31, declaring as a public record and adopting Chapter I of the Marana Town Code. I. Ptma Associations of Governments (PAG} Agenda - Discussion. Ora Harn: When people apply for a 208 permit, Waste Water Disbursement, they have a certain period of time to put that plan into operation, if they do not they have to ask for a continuation. La Mirage has come back asking the PAG Regional Council to give them an extension on their 208 Plan. We are allowed very few 208 permits, so we have to look very carefully at this and ask whether these people are going to do this. Hurvla Davis: The Regional Council is going to look to Marana's lead as to what needs to be done on this item. As a result of the item coming before the Management Committee and the letters in Council's packet, we've had calls from Mr. Doerken. Mr. Doerken indicates that he will do what ever the Town wants him to do, he just doesn't know what needs to be done. He is not a residential developer, he is a commercial developer. He said he got this project going because he was led to believe there was a lot of need in this part of Marana for affordable housing. He did not plan on developing it himself and is trying to find a residential developer. He has been meeting with CMID and has an agreement to provide water. We had indicated to him that perhaps he should be negotiating with the Town on a water system. The issue of the effluent is a more complex issue, who gets that. Any waste water treatment plant that's built that belongs to Pima County, the City of Tucson gets ~)0% of the effluent. We feel that if the water is pumped from under Marana that the effluent should stay here for our credit. He would recommend to Council to at least give him another month extension so that we can continue to negotiate this issue. Maybe in January we can have it on the PAO Regional Council to indicate the progress that has been made. And if sufficient progress has been made at that time, perhaps give him a year extension. Ora Harn: She agrees with Mr. Davis on giving Mr. Doerken a month to work on this issue. She is concerned that we don't hold up these permits and then have the County say that they aren't being used. There is a lot of people who would rather we don't get these permits. Herb Kai: He believes that another year extension is to long, he feels six months at the most. Hurvie Davis: If we gave him a one month time frame, it would not be sufficient to do all the negotiating and consummate agreements and so forth. 208 Plan Amendments are very hard to come by and we have other developers that are interested in them who can't get them. The whole issue is very complex and is one that needs a lot of attention. We are now setting up a meeting for the early part of January with Pima County Waste Water Department. The three problems that we have in our Community for development are flood control, water and sewer. We are making considerable progress on the water issue, pretty good progress on the flood control. Hopefully we will make some progress on the sewer system. Many land owners and developers come to Mr. Davis that have property with no sewer system. You have to be cautious with these 208 plans. A motion was made by Herb Kai, seconded by Ora Harn and carried unanimously to give Doerken Property a three month extension to show good faith on the 208 Plan. J. MAYOR'S REPORT Mayor Honea: We had an annexation meeting, approximately 30 people turned out. It went well, we have several annexation projects in the works. We met with Mr. DeSpain on the water issues, what the Town's stand is going to be in negotiating with CMID as far as purchasing the water company. He was talking to Sandy Groseclose about having the Council packets put into one inch hinders so we don't have papers all over. Mr. DeSpain and Chief Smith will be speaking at the Chamber breakfast tomorrow morning. K. TOWN MANAGER'S REPORT Hurvie Davis: The negotiating committee for the purchase of the CMID Water System did meet. In the early part of January we will get together with the two committees to further the negotiations for the purchase of that system. Thanked the Mayor and Council for their leadership and support during the last year. X. FUTURE AGENDA ITEMS None XI. ADJOURNMENT A motion was made by Sharon Price, seconded by Tom Clark and carried unanimously to adjourn. TIME: 9:46 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 t~ue and correct minutes of the Regular Council Meeting of the Marana Town Council held on December 19, 1995. I further certify that a quorum was present. OSEC[ TOWS C'-E