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HomeMy WebLinkAbout09/05/1995 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL SEPTEMBER $, 1995 PLACE AND DATE Marana Town Hall September 5, 1995 I. CALL TO ORDER By Mayor Honea at 7:03 p.m. II. PLEDGE OF ALLEGIANCE Presentation of the colors and the Pledge of Allegiance was led by Marana Police Explorer Post #77. 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 Brad DeSpain Jerry Flannery John Siath Dave Smith Dale Bradshaw Karin Clark John Santoro Mayor Vice-Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Town Attorney Town Clerk Utilities Director Planning Administrator Town Engineer Chief of Police Lieutenant Officer/Explorer Advisor Officer 9 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 Ora Harn, seconded by Sherry Millner and carried unanimously to approve the minutes of Regular Council Meeting of August 15, 1995. VII. CALL TO THE PUBLIC David Morales, 13420 W. Price Ln.: Mr. Morales asked Council for a waiver of the three minute time period. Be has a matter that he feels is very important and he cannot cover it in that amount of time. Ora Harn: If the matter is of such importance why was it not brought to the Mayor's attention so it could be put on the Agenda? David Morales: He has a letter from an attorney that he received on Saturday, the Agenda goes out on Friday. When he was on the Council he was sent to the Marana Volunteer Fire Department as a Board Member. The reason that he was sent is that we had allocated $45,000.00 to the Marana Volunteer Fire Department and he was to take care of that money. Since that time the Fire 1 MINUTES OF REGULAR COUNCIL MEETING MARA_NA TOWN COUNCIL SEPTEMBER 5, 1995 Department has dissolved, as of ,June 1, 1992. By coming to Council tonight he dissolves his chairmanship of the Fire Department. This is his last act as Chairman of the Department, there is no other business to take care of. He requests from the Town Council that the letter he received from Harold Higgins along with the check be attached to the minutes of this meeting. The check is for $2,650.00 made out to the Town of Marana and is explained further in the letter. Harry Christman, Community Christian Church, P.O. Box 127 Mamna, AZ 85653: We are here to ensure that the Town Council has seen the letter which was dated August 4, 1995, requesting the purchase of the property at 11680 West Grier Road. Our church started tracking that property approximately a year ago. In the middle of April we were prepared to make an offer of $75,000.00 for that property and when we did we had discovered that the Town had bought it. Our plans for that property are long range, the building currently there would possibly be used as a parsonage and for Sunday School classes. We anticipate that within five years or so we will have to expand the facilities that we now have on the comer. If we cannot increase our property size we will be forced to consider whether or not to sell that corner. The church is 41 years old, it was started by local residents who have made it what it is today. It has been very instrumental in the development of the Marana Community. He had an extensive conversation with Dan Groseclose who told Mr. Christman about what the Town has done to obtain this property. If the Town could not sell this property to the church another option may be to swap this parcel for other land. He would like to see this matter put on a future agenda and allow the church to participate in any discussions that might be desirable. Dave Smith, Chief of Police: Chief Smith introduced the Marana Explorer Post #77 and gave some background information on the Explorer program. About two months ago we chartered our Post and have had a great response. Officer Karin Clark who is the Explorer Advisor has been instrumental in putting the program together. Officer Karin Clark, Explorer Advisor: Officer Clark introduced the individual members of the Explorer Post. There are twenty-six members and they are continuing to recruit new members. VIII. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Community Development Block Grant Funds Transfer - Transferring of 1995 Community Center Project funding to the Marana Municipal Water System for Repair and Upgrading 2. Resolution No. 95-51 - Expressing Support of Leisure Activities Kids Eniov (L.A.K.E.) Committee's Efforts to Foster the Use of the Central Arizona Project Terminal Storage Lake as a Recreational Facility 3. Ordinance 95.20 - Adoption of an Ordinance at the request of the Arizona Supreme Court authorizing Court fees: Court Costs and Non-sufficient Funds Checks A motion was made by Ora Harn, seconded by Sharon Price and carried unanimously to approve the Consent Agenda including the transfer of CDBG Funds, Resolution No. 95-51 and Ordinance No. 95.20. B. PUBLIC HEARING - Ordinance 95.22 and Resolution 95-50~ Parking Code PCM95-07 Amending the Town of Marana Development Code to include Title 22: Off-Street Parking and Loading and Changing Portions of Title 5 and Title 8 relating to Parking. Hurvie Davis: This is a Public Hearing to amend the Development Code adding Title 22 Off Street Parking and Loading. Mr. Flannery has headed up this effort and has been before the Planning Commission, they have approved it. Jerry Flannery: This item was precipitated out of much discussion from the Commission and Staff regarding the congestion problems in the Ina/Thornydale area mainly. We put this together and brought it before the Commission and Council for information and discussion. Last month it was presented to the Commission where they unanimously approved it with a few slight modifications. Under multi-family we added one space per unit shall be covered parking. Other than that the Commission was very happy with the proposal. M~N:UTES OF REGULAR COUNciI, MEETING MARANA TOWN COUNCIL SEPTEMBER 5, 1995 A motion was made by Bobby Sutton Jr., seconded by Sharon Price and carried unanimously to approve Ordinance No. 95.22 and Resolution 95-50. C. PUBLIC HF_ARII~IG - Motel 6 Appeal PCM95-10 Appeal of decision for the denial of a sign permit for Motel-6 located on Ina Road for the freewaV pole sign Hurvie Davis: This is a request that came to the Town for a sign permit under the Freeway Sign Code Ordinance which would allow a 65 foot high sign along the freeway corridor. The Sign Code prescribes certain criteria for allowing those signs. A problem has come up involving this issue. On the east side of the freeway we have the railroad right-of-way of 200 feet and TEP has a utility easement also 200 feet. Basically the Ordinance as written does not allow signs on the east side of the freeway from the south Town limits near Orange Grove up to Avra Valley Road. Motel 6 has applied for a permit and is asking for a variance to the Sign Code to allow them to increase the height of their sign and perhaps even the head of the sign. Having served on the group that put the Sign Code together he does not recall the railroad right-of-way nor the TEP easement being considered. As Mr. Flannery has indicated in the report there may be grounds for a variance on this, but he would also ask the Council to have Staff go back and reevaluate whether or not we want to revisit the Sign Code to take this into consideration. Jerry Flannery: He would like to add that the Sign Code Amendment originally came out of a development plan for AM/PM. When Staff looked at it they compared the Pima County Sign Code and also Tucson's and came up with the Town's Sign Code. [n that drafting period we realized that there may be some things that we may have missed. Tab Sims, Motel 6, Dallas TX: We feel like our request to raise the sign from its present height of 45 feet to 65 feet meets the intent of the Ordinance. The intent of the Ordinance is to assist the 1-I0 freeway traveler in safely identifying which I-10 freeway interchange locations provide retail business clusters serving the traveling public. We ask that you grant permission to raise the sign. Gene Rosburg, Motel 6, Tucson AZ: He showed Council a copy of the Site Plan. Bobby Sutton Jr.: He is in favor of it, but he feels it should not be done because the competitors have a better spot. It should be done for the reason that there are other easements preventing you from having a sign there. Herb Kal: Would there be any problem with TEP if the sign was 65 feet high? It would be closer to the power lines. Gene Rosburg: It has not been addressed but he does not see any problems. Hurvie Davis: The TEP lines seem to be at approximately 100 feet. Jerry Flannery: Depending on what the structural drawings are on the original permit, there may be some necessity to do some other structural plans. A motion was made by Ora Harn, seconded by Bobby Sutton Jr. and carried unanimously to grant Motel 6 a permit allowing them to erect a Freeway Interchange Sign at 4630 W. Ina Road and direct Staff to restudy Section 16-502.I of the Sign Code to determine if the original intent is being met. D. Reconsideration of August 1, 1995 Vote - Ordinance 05.18; GPA-05-02 Amendment to Town of Maruna General Plan (Granite Construction] Hurvie Davis: This item was heard by the Council on August 1, 1995. There was a request to the Agenda Committee to reconsider this item. A motion was made by Sharon Price, seconded by Bobby Sutton Jr. and carried unanimously to reconsider Granite Construction's request to amend the General Plan. E. Ordinance No. 95.18: GPA 95-02 Amendment to Town of Marana General chan~in~ Designation Zone "C", Low-Moderate Residential, to Designation Zone "E', Transportational Corridor/Mix Use (Granite Construction( 3 Hurvie Davis: He supports this reconsideration from a Staff position. We have some property owners that are concerned as to what Granite might do and the impact on their property. Does the applicant have anything further to add for the Council's reconsideration? Carl Winters 270 N. Church Tucson, AZ: He would suggest to Council that rather than actually reconsidering this at this time and approving it, that the action be to table it indefinitely until such time as we bring a Specific Plan and a Development Agreement before Council. Herb Kal: He has some concerns he would like to make Mr. Winters aware of and maybe these could be incorporated into his proposal. After a gravel operation is completed he feels it is very important to restore the area back to ground level. He would also like to see money set aside in case Granite is not around so whoever is left could restore the operation back to ground elevation. A motion was made by Ora Rarn, seconded by Sharon Price and carried unanimously to continue this issue as a future agenda item when more information is received. F. Transfer of Funds from the Town's ContingencV Accounts for Bank Protection Repair on the Santa Cruz River at the Cortaro Farms Road Bridge: Town's Local Match for Federal Funds Hurvie Davis: In January of 1993 we had a semi-flood in the Community which did some damage. We lost some bank protection in the Continental Ranch area and also at Berry Acres. In addition we lost part of a wing wall at the Cortaro Road Bridge crossing the Santa Cruz River. These two bank protection projects were funded under emergency funds from the Corps of Engineers. The repair of the wing wall at the Cortaro Road Bridge was started in March of 1993. In 1994 the State Department of Transportation sent the Town a request for information regarding the status of the project. In that Pima County Flood Control District had done the repairs and obtained the money on the other two projects, the repairs to the bank protection itself, he believes that something fell through the cracks where the Town and Staff thought that Pima County Flood Control District was doing the repairs to the bridge as well. We subsequently found out that Pima County had taken a position that they would not do it. The federal moneys totaling about $383,000.00 expire at the end of September of this year. We have to have the plan specifications and estimates approved by that time. We have had several meetings with the State Department of Transportation. Mr. Davis has also sent a letter to ADOT requesting an extension of those funds, he is not sure whether that will be approved or not. We are proceeding to get the project obligated this month. We had $35,000.00 budgeted for the local match and the design is about $20,000.00 in cost which leaves us $15,000.00 for the local match toward the federal amount. When we met with federal highway administrators they said they not only want the 5.7% but now they have a policy of another 5% for potential change orders. So now we have to come up with an amount of about $50,000.00 that they requested that we have to advance on this project. We only have $15,000.00 left in the budget allocated to this project so he is requesting from the Town Council that we take $35,000.00 from the Contingency Fund which totals around $400,000.00 and transfer it to this project. We don't anticipate any change orders but it is their policy. He would request that the Council approve $35,000.00 from the Contingency Fund to be advanced to ADOT for the local match on this project. Any moneys not used would be returned to the Contingency Fund. A motion was made by Sharon Price, seconded by Ora Harn and carried unanimously to authorize the transfer of $35,000.00 from the Town's Contingency Account to the Cortaro Farms Road project at the Santa Cruz River to be used as local match to federal funds and that any unused funds be returned to the Contingency Account. G. Approval of Development Plan - Waste Management Administrative Offices and Vehicle Maintenance Yard located at 5200 W. Ina Road Hurvie Davis: This is a request to approve a Development Plan for Waste Management to move its administrative office and vehicle repair yard to the Town of Marana, it is currently located in the City of Tucson. Waste Management provides many services in terms of sanitation and keeping our Town clean. We are glad to have them coming into Town. The Development Plan is before Council this evening, Mr. Flannery will give an update relative to the Planning Commission. Jerry Flannery: At 5:30 tonight he received a fax which clears up two of the issues that were outstanding, there were four total. The only one that would still be pending is the DEQ permits, he 4 has talked with the applicants and they informed Mr. Flannery that they are underway. Staff feels comfortable with this, it went through the Commission with an unanimous recommendation. Council Member Clark arrived at the meeting. TIME: 7:58 A motion was made by Herb Kal, seconded by Bobby Sutton~ Jr. and carried unanimously to approve the Development Plan for Waste Management as stipulated by the Planning Commission. I-I. Marana Park Improvements - Update on Marana Park Security Lighting and Restroom Improvements Hurvla Davis: This was a CDBG funded program and we have been trying to move on this project. We haven't moved as fast as we would like. Mr. Davis has asked John Siath to get this project moving. The $20,000.00 that we have for the restrooms is probably not going to be able to do much in terms of expansion, it will probably allow us to update. John Siath: Mr. Siath had asked Architecture One to make some presentations to Council. The lighting and security for the parking lot is budgeted for $30,000.00. In his discussions with the architect, the cost for each light bulb runs between $1,500.00 - $2,500.00. The intent is to light the parking facility and then extend to the south, more in relationship to the existing restrooms. Both of the fees that were proposed by GLHN have been accepted by Architecture One. Joel Svoboda, Architecture One: He has two things to present to Council tonight. First is the restroom building itself. We desperately need to get the restrooms as they are now to comply with ADA standards, but the space was just too tight. He went over the design changes that would need to be made to accommodate wheelchairs. Hur~ie Davis: The objective was to expand the restroom facilities that we have to provide more capability. If we're going to do something with construction on one of our buildings we have to go through and meet the same requirements and guidelines that we require private developers to do. We are already $10,000.00 over budget, just to modify the restroom. If we're going to proceed with that do we want to re-prioritize our CDBG Program further to shift some money into this project or out of the Contingency Fund? We continue to get more use of the Park as time goes on and more development takes place. Mayor Honea: This was his project, he was looking for an expanded facility. He realizes that to even add to the existing facility we would have to upgrade to ADA standards. Dan Groseclose: One of the things that we just found out in the last 30 days is that approximately $300,000.00 in federal money was used by Pima County to build that Park. One of the requirements on a periodic review that the Town must be able to accomplish is the ADA accessibility of the Park. Mayor Honea: Was there any research done on expansion and what the cost would be? Joel Svoboda: We basically updated what is already there to ADA standards. If you are looking at doubling the size you are looking at a substantial amount of money. Sherry Miilner: How many toilets are there currently in the restrooms? Joel Svoboda: Two in the women's and one in the men's plus a urinal. Bobby Sutton, Jr.: Most of the ramadas, even in Tucson, are the same configuration, but they have a restroom for each ramada. We need to direct Staff to do something to expand the restrooms. If we don't expand it now we're not going to go back and do it later. Ora Harn: What would the possibility be of utilizing the facilities at the pool? Would they be able to be set up so if we used them for the public they could be separate from the pool area so people couldn't get in? MANANA TOWN COUNCIL I Dan C-roseclose: Currently we have a restroom that is north of the softball fields, that also has two stalls inside, it is in bad shape but it is functional. There are two exterior restrooms on the outside of the swimming pool and also inside the pool area. His understanding is that the exterior restrooms are locked and nobody is allowed to use them when the pool is not open. He doesn't know why but it could be researched. Mayor Honea: He thinks that if the Town is going to do the project, the restrooms should be expanded to six or eight units on each side. We have more and more activities taking place at the park all the time. We need to put extra money into the project to make the main restroom area more adequate. Bobby Sutton, Jr.: We should direct Staff to get information together on expanding the restrooms. Tom Clark: Is there a deadline to implementing the ADA standards? John Siath: His understanding is that when you start improving any of your facilities then you have to implement the ADA requirements. Tom Clark: If we are going to do this we have to do it right and expand it. Ora Harn: She would like to have Architecture One look at extending the second light if it doesn't go too much over budget. Dan Groseclose: The one thing he indicated on this project was a security lighting project. If we could accomplish placing lights in the Park periodically or whatever we could afford to do, that would allow people in the Park to recognize a shadow or something. They will not be sufficient enough for people to play games or different activities, but they will be sufficient for security. Tom Clark: The two lights that are out in the middle of the Park, will they be different than the lights that are above the parking lot, to bring out more light? The lights in the parking lot do not give off a lot of light. Dan Grossclose: There are three lights in the parking lot r/ght now, they are on twenty foot posts. The problem is that one light is completely gone and the other two are operating twenty four hours a day and are filled with bugs. John Slath: That was another question about using the existing light poles and fixtures. We have discussed that and we really can't reuse them because of the inadequacy. Whether the Park can find another use for these may need to be considered. Also in the near future he will be asking Architecture One for a picture of what the light fixture will look like. Tom Clark: The lights over the parking lot, they have to meet the lighting Ordinance. Are the lights on the balls fields in compliance with the Ordinance? Hurvie Davis: Those lights do not come under the Ordinance, they are special use lights that are on just for special events. Tom Clark: Would having the lights allow the curfew at the Park to be extended? Hurvie Davis: It is up to the Council as to when they want to restrict the hours of the Park. Dan Groseclose: There is one other thing that this will accomplish, we have had a problem in the Park with graffiti, hopefully this will help to cut down on that. Bobby Sutton, Jr.: If it puts any light in the ramada area it will be a good way to go. Hurvie Davis: On the remodeling of the restrooms, will that include lighting? 6 Joel Svoboda: Yes, it will include lighting within the facility, not on the outside. Mayor Hones: He would like to see this project done by Founder's Day. John Siath: There is a long lead time on ordering the poles, about 120 days. A motion was made by Ora Harn, seconded Tom Clark and carried unanimously to go ahead with the lighting in the Park. Hurvie Davis: We will come back to Council with more information at the first meeting in October. I. Mayor's Report Mayor Honea has been working on annexation and fire protection the last few weeks. He had the pleasure of touring the Northwest Fire District's facilities. We have two or three entities that are interested in providing service to the Town. The primary thing he has been working on is annexation. We have basically been given the green light by the Council and the Annexation Committee has been proactive. The Annexation Committee met last Wednesday and lined up a couple ideas and proposals and we are starting to act. Within the next 45 days we will actually be starting the proceedings on some of these items. Ora Harn: Council Members Ora Harn and Sherry Millner along with Town Clerk Sandy Groseclose have come up with a very nice presentation for the Festival of Cities and Towns. They are going to be giving out a Halloween bag at the booth. The Town will be very proud of the presentation they are putting together. J, Manager's Report Mr. Davis informed Council that the Supreme Court has scheduled the Ina/Thornydale Rd. matter on their agenda for September 12, 1995, at which time they will decide whether or not to hear the appeal. Mr. DeSpain informed him this morning that we received verbal word from the Department of Water Resources. We have been approved for a 100 year Assured Water Supply for 60,000 acre feet of water which ~ives us a population of approximately 400,000. We were requesting 80,000 and Mr. DeSpain will have more details at the next meeting as to why we received only 60,000 acre feet. Last week he met with the Superintendent of the Marana School District, Mr. Wade McLean, they talked about improving the appearance of this side of Town, near the schools. He has indicated that when we do our streets that the School District has money that they can use off of school property to enhance the appearance of the schools. We are getting a really good working relationship going with the School District. On August 24, 1995 Vice Mayor Price, Mr. Hochuli, Mr. Holub and Mr. Davis met at the Holiday Inn with a couple of the County Supervisors, Fire District and the Palo Verde Group against annexations. They are looking at trying to get legislation passed that would restrict annexations. Mr. DeSpain and Mr. Davis met with the Water Advisory Committee on August 30, 1995 to get the Committee up and running. They also discussed the various issues pending right now related to water. There were invitations put in the Council Members boxes inviting them to the 1-10 Improvement Ceremony from the State Department of Transportation. The ceremony is September 15, 1995 at 9:00 a.m. at Miracle Mile and 1-10. IX. FUTURE AGENDA ITEMS Town property located on Grier Road Park restrooms and lighting X. ADJOURNMENT A motion was made by Bobby Sutton, Jr., seconded by Sharon Price and carried unanimously to adjourn. TIME: 8:50 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 September 5, 1995. I further certify that a quorum was present. 8 HaroldL Higgins, Jr. Attorney at l~w 177 N. Church Suite 200 Tucson, Arizona 85701 (602) 6200617 August 30, 1995 David Morales P.O. Box 34 Marana, AZ 85653 Re: .Marana Volunteer Fire Department Dear Mr. Morales: Enclosed is a check from my trust account, in the amount of $2650.00, representing the balance of money still available from liquidation of fire dePartment funds. I believe it is safe at this point to conclude there are no further claimants to the funds. Per your previous instructions, the check is made payable to the Town of Marana, for presenta- tion by you to same. I have deducted from the fund a $75.00 ,administrative fee, to cover the various costs of handling calls and questions regarding the fund over the past year. I had several calls regarding the title to the fire truck with town attorneys.. I assume since I have not heard from them in a long time that the matter is concluded. I have taken a new position with the county at the Public Defender's office. You may reach me at 740-5376. I wish you well in your future endeavors. Harold L. ?i'~ns, Jr. AZ BAR FOUNDATION TRUST ACCOUNT OF HAROLD L. HIGGINS, JR. ATTORNEY AT LAW 177 N. CHURCH, NO. 200 602-620-0617 TUCSON, AZ 85701 PAYTOTHE Town of Marana ORDER OF TWO thousand six hundred fifty and no/100 J~:~ Bank of America ~94 1105 Aug. 30 95 ~-~n~ ! $ 2650.00 ~o~ Marana Volunteer Fire Dept