HomeMy WebLinkAbout10/17/1995 Regular Council Meeting MinutesPLACE AND DATE
Marana Town Hall October 17, 1995
I. CALL TO ORDER
By Mayor Honea at 7:05 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.
Mayor
Vice-Mayor
Council Member, absent
Council Member
Council Member
Council Member
Council Member
STAFF
Hurvie Davis
Dan Hochuli
Sandra Groseclose
Jerry Flannery
Dave Atler
John Siath
Brad DeSpain
Hugh Holub
Town Manager
Town Attorney
Town Clerk
Planning Administrator
Town Engineer
Town Engineer
Utilities Director
Town Water Counsel
37 Members of the Public
V. APPROVAL OF AGENDA
A motion was made by Sharon Price, seconded by Ora Harn and carried unanimously to approve the
agenda with one change, Item E is to precede Item A.
VI. ACCEPTANCE OF MINUTES
A motion was made by Bobby Sutton, Jr. seconded by Sharon Price and carried unanimously to
approve the minutes of the Regular Council Meeting of October 3, 1995.
VII. CALL TO TIlE PUBLIC
Dorothy Sharnetsky, 5151 W. Tangerine Rd. Marana, AZ: She is representing the Town of
Marana on the Bond Advisory Committee, she thought she would bring some information to Council
on what is being planned. She was concerned with the solid waste, especially the Tangerine Landfill.
The Landfill will not be closed in 1996, they plan on expanding and opening up two or three more
OCTOBER 17, 1995
cells for solid waste. The cells would be built up to almost 60 feet in height and would possibly
remain open until the year 2000. She also discussed possibilities for future landfills in the Silverbell
area.
Captain Kevin Madden, Northwest Fire District: Wanted to make Council and the Town of
Marana aware of the Northwest Haunted Safehouse they sponsor each year for Halloween.
Ora Harn: She wanted to thank all the people that worked so hard on the Founder's Day
celebration.
VIII. STAFF REPORTS
On file at the Marana Town Hall
IX. GENERAL ORDER OF BUSINESS
E. Request from Marana Community Christian Church to Purchase Town Owned HOME
Program Property at 11680 West Grier Road~ Marana
Hurvie Davis: This item has been before Council previously, regarding the house purchased by the
Town on Grier Road. We had CDBG funds that we used to buy the property and $130,000.00 from
the State to enable us to proceed to build the two remaining houses on the property. We found out
after we had purchased the property that the Marana Community Christian Church was also
interested in the property, It is the Staff's position that if we were to scrap what we have done at this
time relative to this issue it would perhaps at a minimum jeopardize our ability in the future to
pro~hde affordable housing to those in the Community that are less fortunate. Mr. Groseclose is here
this evening, he may have something additional to add to this topic.
Dan Oroseclose: Mr. Christman from the Marana Community Church is in the audience tonight.
They have requested that the Town sell that property to the church. He would like to have Mr.
Christman talk to the Council first and then he will discuss the alternatives available.
Harry Christman, Marana Community Christian Church: He has prepared a briefing of the
history and background of this particular property. We have tried to define from the church's stand
point what we feel is the responsibility and philosophy that the Town should be following in matters
of this kind. If our church acquired that property that we would put it to immediate use for church
functions. There are some problems associated with the infrastructure on these lots. We would
suggest that CounciI look very carefully at the pay out and the funding. We have advised Council
that as a church we are prepared to buy this property back from the Town at its out of pocket
investment costs as recorded, and possibly costs incurred since that time. If the church does not
find room to expand, sooner or later we may have to go out of business, Marana and our
congregation are destined to grow. We would like to give the Town the opportunity to replace this
property with other property and to recoup all the costs for the sale.
Dan Groseclose: In 1994 Pima County approached the Town of Marana to grant $68,000.00 to the
Town to begin this HOME Program. We spent several months looking at a lot of properties in Marana
that we could utilize for the Program. Through the efforts of Councilmember Harn this house was
located and purchased at a negotiated price of $75,000.00. At that particular time the house had
been on the market for over a year. One of the things he liked about this particular property is that
it had been on the market for a year and he felt that the Town in going out and purchasing property
did not want to compete with the private market place. We closed on that property about May 6th or
8th, we made the offer about the middle of April. We received a $7,000.00 advance from the Council
to purchase the property. We have approximately $81,000.00 invested in the property. The Town
has a $25,000.00 CDBG grant for affordable housing, this is where the money is coming from m do
the improvements. We have the $68,000.00 home grant from Pima County and also $130,000.00
from the State of Arizona HOME Program. When we got our grant from Pima County we sat down
and were discussing how we could utilize this and build the additional buildings, Pima County
talked to the Town about applying for State grants that were available. We applied and got
$130,000.00 of the $600,000.00 available for the whole State. In the application that was submitted
by Pima County for the Town of Marana, they indicated that if this model is successful it could be
emulated in other parts of Pima County. One of the reasons that this particular house was so
important to us was the two lots that are adjacent to the property, this property has been residential
for over 30 years. Those two lots, except for two other lots in Marana Vista are the only two lots
where we can hook up to the County sewer. Any other lots we would have to put a septic system in.
If we go to other lots and have to put other situations in, we could be in jeopardy right at the start
and not be able to complete the two houses. When we build and sell these houses, we take the
money and go out and buy another lot and start all over again. We anticipate that we have sufficient
funding right now to complete eight houses. These funds cannot be used for anything else, they have
to be used for this type of affordable housing project, these are the circumstances we are looking at.
Mayor Honea: We would sell these houses out right.
Dan Groseclose: These are federal funds that have come from HUD so they are for low and
moderate income housing. We will go in and either rehabilitate a house and make it up to 108
standards and then sell it or build a house. The people that apply for that home must meet certain
federal requirements that we must adhere to. They must get conventional financing and we pay to
have them go to counseling to ensure that they can purchase the home and pay for it.
Sharon Price: She wanted to point out that she did go look at the property and it is not adjacent to
the church property.
Dan Oroseciose: That is correct.
Ora Harn: She was concerned that the Town of Marana could lose the opportunity to initiate a home
ownership program. It would look like that if we don't foIlow through on this program that we could
jeopardize the whole program. She sympathizes with the church, but we discussed the sale of this
property so many times and at no time did they ever mention that they had an interest in it.
Mayor Honea: The house and the two lots we bought, they are not contiguous with the church
property.
Ora Harn: No it is not.
Dan Groseclose: Through the HOME Program and the $6,950.00 from the Town general fund, we
have also spent $6,305.00 of the CDBG funds, all $81,166.00 that has been expended on that
house to date would have to be repaid either to Pima County or the federal government, and also to
the Town's general fund.
Mayor Honea: The back two lots are really on a cul de sac inside of the Marana Estates
neighborhood, which is residential. If the church were to try to expand it would bring more activity
which could be disruptive to the neighborhood. He thinks that any type of business in the
neighborhood is not conducive to the area. Has anybody from the church talked to the neighbors
that would be directly adjacent to any of these lots about putting something back there.
Harry Christmas: He has not personally talked with people in the Marana Vista Subdivision. He
has had casual conversation with people who live on Grier Road who have indicated their
displeasure with the expansion of the neighborhood coming closer to the road.
Mayor Honea: The church used to own the property where the Marana Food Bank is located which
is contiguous to the church. Why would they sell that and try and buy property which is not
adjacent to the church.
Harry Christman: That property was donated to the church about 35 years ago and was sold
approximately 10 years ago, he was not a part of that action. It is his understanding that the Board
of Trustees concluded that under the church conditions as they existed then and based on the fact
that they had not been able to make payments on their mortgage, they would sell some of their
property. The conditions of the church have changed considerably since then, activities have picked
up. For that reason we would like to buy back the Food Bank property, starting in 1991 we had
discussions with Ora Harn on that subject. At that time she had a lease and that lease period
entered into what she was able to discuss. The fact that the property is not adjacent is totally true,
we realize and understand that. We hope that Council would consider the items brought before them
and look at them very carefully before a final decision is made.
A motion was made by Sharon Price, seconded by Ora Harn and carried with Council Member Herb
Kai voting Nay to deny the request for the Marana Community Christian Church to purchase the
property at 11680 West Grier Road.
A. Northwest Fire District Emergency Services Appointment - Appointment of James Blake to
the Northwest Fire District Emergency Services Commission to Complete Two-year Term
Created by Resignation of Vice-Mayor Sharon Price.
Hurvie Davis; Vice Mayor Price was appointed to the Northwest Fire District Emergency Service
Commission, she has indicated that she has to resign at this time. She has suggested and we have
before the Council this evening a recommendation to appoint Mr. James Blake from the Continental
Ranch area.
Sharorl Price: The reason for her resignation is that it conflicts with the Town Council meetings.
Ora Harn: She would like some additional information on Mr. Blake.
A motion was made by Herb Kai, seconded by Bobby Sutton, Jr. and carried unanimously to
appoint James Blake to serve the remainder of a two year term on the Northwest Fire District
Emergency Service Commission that was created with the resignation of Vice Mayor Sharon Price.
B. Resolution No. 95-59: Final Plat Approval - FPR 95-03, Continental Ranch Parcel No. 4:
Review and Approval, of Final Plat Map for Parcel 4 in the Continental Ranch Specific Plan.
Hurvie Davis: This is a Final Plat before Council this evening for approval. It covers Parcel 4 in
Continental Ranch, 145 lots. The density will be just slightly under 5 PAC. We recommend Council's
approval. Mr. Flannery is here to answer any questions Council may have.
Jim DeGrood, 4444 E. Broadway Blvd. Tucson, AZ: He is representing Richmond American on
this project. He would be happy to answer any questions that the Council may have.
Herb Kai: He would like Mr. DeGrood to elaborate on the well site.
Jim DeC-rood: There are three well sites that affect the property.
Sharon Price: Parcels 15, 16, 36, and 37, what exactly is going into that area.
Jim DeC-rood: This is a utilities easement, there will be underground wastewater and water
facilities. When we came to the Planning and Zoning Commission we had shown two drainage
easements on either side of the property. At Staffs request we have converted those over.
Ora Harn: Will they have a recreational area or just open land.
Jim DeGrood: Just open land.
Joe Murray, 3230 W Hardy Rd. Tucson, AZ: He noticed that during the presentation nothing was
said about the schools. The new school that was bonded to go into Continental Ranch has no money
to hire staff. Right now they have $400,000.00, they need a half a million per year to staff it. He is
the president of the Northwest Coalition for Responsible Development, he is not here speaking just
for himself. He feels this issue should be put off until the Council contacts the Marana Unified
School District and find out what's going on before any decisions are made,
Carol Duffner, 3910 W. Potvin Tucson, AZ: Ms. Duffner like Mr. Murray, is not a resident of
Marana. However she is a parent and a taxpayer in the Marana School District. Enrollment has
grown from 4,956 students in 1994 to 10,679 in 1995, these figures are from the Marana Unified
School District newsletter. According to the School Board meeting last week the District will be hard
pressed to find funds for salaries after the first year. There are no funds available to build either a
junior high or a high school which is desperately needed. Until this issue is addressed and resolved
she does not see how the Council in good conscious can approve any more residential rezonings.
Mayor Honea: This is part of a specific plan that was approved by Pima County before Marana
annexed the area. It is not a rezoning, the builder already has the zoning to build the houses on it.
All this is is a plat of how the lots are going to be laid out.
Bobby Sutton, Jr.: He would like to go on record as having concerns with the lack of schools and
funding.
Sherry Millner: She has a real concern with this. Is there a way we can find out before we approve
this what actually happened at the School Board meeting.
Mayor Honea: The school issue and the Town zoning issue are separate issues. The developer
already has the zoning to build up to 10 houses to the acre on this property. We caunot stop them
from building. All this is is a final plat layout of how the lots are going to be divided. If we do not
allow it without finding something wrong with the plat itself, it constitutes a taking if we do not allow
them to use their property. If we could find a problem with the plat, we could disapprove it.
Ora Harn: Once the zoning is established on the property and has been approved, there is no way
this Council would have of denying this type of zoning on this property. We would put our Town in
jeopardy and the builder could come back with actions against the Town.
Herb Kai: Cortaro has two well sites on this property, he wants to make sure that the water service
issue is resolved as soon as possible.
Jim DeOrood: We are in discussions with Cortaro-Marana and we certainly wish to pursue
completion of it. We cannot record this plat until such time as we have this issue resolved.
A motion was made by Sharon Price, seconded by Ora Harn and carried unanimously to adopt
Resolution No. 95-59 subdividing the 29.24 acre property located in portions of Section 27 and 34,
Township 12 South, Range 12 East, into 145 lots.
C. Ordinance No. 95.26: Public Hearing - Englehart~ PCZ 95-06~ 6900 Camino Martin:
Rezoninig 6900 N. Camino Martint from Zone R-36 {residential~ Minimum Lot Size of 36t000
s.f.I to Zone HI {High Industrial}
Hu~'ie Davis: This is an item before Council to rezone a 6.6 acre parcel on Camino Martin, which is
south of Ina between the Interstate and Thornydale. Most of the uses around that area are industrial
type uses. Staff feels that it is appropriate rezoning, he believes this was approved by the Planning
Commission.
Jerry Flannery: This item went before the Planning Commission on May 31, 1995. Since that time
the developer has been working with Staff and looking at the property. The area right now is outside
of the Marana General Plan, we will be taking care of that issue. The comprehensive plan for Pima
County shows that area as urban industrial. The "HI" zoning is compatible, we feel we will see a
wave of heavy industrial coming into that area in the future. Staff does recommend approval.
Hurvie Davis: As it relates to the previous item that we just discussed. By going from residential
type zoning on an area that is appropriate for industrial type activity. This area is not in the Marana
School District, industrial type property provides a tax base for the schools and does not impact the
schools.
Charles Englehart, 211 E. Mountain Snnset Pl., Tucson, AZ: The whole area in that vicinity is
going "HI", there is very little residential in that area.
A motion was made by Ora Ham, seconded Sharon Price and carried unanimously to adopt
Ordinance No. 95.26 establishing "HI" as the new zoning classification for the 6.6 acre property
located along the east side of Camino Martin approximately 1506 feet south of the intersection of Ina
Road and Camino Martin in the Northwest 1/4 of Section 6, Ti 3S, RI 3E.
D. Resolution No. 95-58: PPR 95-0! Heritage Highlands: Approval~ Heritage Highlandst within
the Tortolita Mountain Properties Specific Plant Preliminary Plat Plan.
Hurvle Davis: This is a preliminary plat for a U.S. Home project located on the former Westinghouse
Property. We have gone through the efforts of setting up a community facilities district for this
project. This is the first of the developments that are going to take place on this property.
Jerry Flannery: Staff has been working in various ways with the Red Hawk Development Company
as well as OPW Engineering, U.S. Homes and several other engineers on this project. We have been
reviewing the final plat for the first phase of this project. The specific plan does not require a
preliminary plan, the applicants chose to submit a preliminary plat. The preliminary plat has gone
before the Planning Commission, they approved it last month. All the applicants are here if Council
has any questions.
A motion was made by Ora Harn, seconded by Bobby Sutton, Jr, and carried unanimously to adopt
Resolution No. 95-58, approving the Prelim/nary Plat for Heritage Highlands, a subdivision of 591
acres of property into 1760 lots located in portions of Sections 24, 25, 26, 35 and 36, Township 11
South, Range 12 East.
RECESS
F. Reuse of Effluent - Control over the Disposition of Effluent in Marana
Hurvie Davis: We wanted to bring this issue to Council tonight to discuss effluent. We have
indicated before at the staff level that effluent is going to be a major part of our water supply in the
future.
Brad DeSpain: He would like to discuss the importance of the reuse of effluent in our designation of
assured water supply. He recommends that the letter included in Council's packet be sent to Mr.
Marsh, that we may sit down and discuss with them the possibility of effluent and reuse of effluent
in the Town of Marana.
Hugh Holub: We have had discussions with Pima County on this issue. This is an important issue
and it is time to get it resolved.
A motion was made by Herb Kai, seconded by Sharon Price and carried unanimously to authorize
the Mayor to send a letter to Mr. Marsh concerning the reuse of effluent in Marana.
Ora Harn: She would like to thank Hugh Holub and Brad DeSpain for the work they do, the things
they have put together are of immense value to the Town, We do need to think of the future in a lot
of areas and she appreciates the work these gentlemen have done on this issue.
Hurvie Davis: He would also like to announce that Mr. Holub has expanded his law firm with
auother attorney who is an expert in water issues.
G, Ordinance No. 95.27: Marana Utility Code Title 2~ Expansion of the Town of Marana Water
Utility Advisory Committee from Five Members to Seven Members.
Hurvie Davis: This is an issue to expand the membership of the Water Advisory Committee from five
members to seven members. The Water Code has been around for a number of years and the
Committee was established centered around the Marana Municipal Water System. As we are
broadening out with our water issues, we would suggest the expansion of the Committee to give
broader representation.
A motion was made by Ora Harn, seconded by Sharon Price and carried unanimously to adopt
Ordinance No. 95.27 increasing the Water Utility Advisory Committee from five members to seven
members.
H. PAO Regional Council Agenda Items - Reviewt Discussion and Approval
Ora Ham: She has put before Council some information that she asked Tom Swanson, who is the
Director of PAG Regional Council, to prepare. There were some comments in the newspaper and so
forth about some moneys that were to be expended out of the 15% moneys to make realignment of
Valencia Road to allow for the expansion of Davis Monthan Air Base. She asked him if he would put
together a summary of what 15% moneys would be available in the future, this is before Council.
Councilmember Ham voted to approve moneys to be taken out for realignment of Valencia Road.
I. MAYOR'S REPORT
Mayor Honea: Chief Smith, Hurvie Davis and the Mayor met with Mr. Charles Rucker and members
of the Orange Grove Mobile Home Park last Tuesday night for a general session to ask questions
about the Town. The response and the attitudes of the individuals there were very pleasant and
positive. There was one individual there that was kind of negative and had a few things to say. On
Thursday night he went to a County meeting with some of the Town staff regarding the stop light at
Hor/zon Hills.
J. TOWN MANAGER'S REPORT
Hurvie Davis: We had a meeting this past week with all the parties involved to finalize the project of
the bank protection of the Santa Cruz River at the Cortaro Road bridge. That is progressing quite
well. Also we have been working with all parties involved between Ina and Cortaro Roads, looking at
bank protection in that area. Next Monday we will be having interviews for the building official. Mr.
Charnis has agreed to step aside due to his health. Mr. Davis has put together a committee to help
inter,dew the candidates.
X. FUTURE AGENDA ITEMS
None
Xl. ADJOURNMENT
A motion was made by Ora Harn, seconded by Sharon Price and cariSed unanimously to adjourn.
TIME: 8:57 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 October 17, 1995. I further certify that a quorum was
present·