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HomeMy WebLinkAbout07/18/1995 Regular Council Meeting MinutesPLACE A~ID DATE Marana Town Hall, July 18, 1995. I. CALL TO ORDER By Mayor Ed Honea. Time: 7:08 PM II. PLEDGE OF ALLEGIANCE Led by Mayor Ed Honea. IlL INVOCATION Led by Mayor Ed Honea. IV. ROLL CALL COUNCIL Ed Honea Sharon Price Tom Clark Ora Mae Harn Sherry Millner Herb Kal Bobby Sutton Jr. STAFF Hurvie Davis Dan Hochuli Sandra Groseclose Jerry Flannery John Siath 8 Members of the Public. Mayor Vice-Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Town Attorney Town Clerk Planning Administrator Town Engineer V. APPROVAL OF AGENDA Mayor Honea asked that Item A2. on the Consent Agenda be removed. He has been told that Commissioner Golden will be back in one more month. A motion was made by Ora Harn, seconded by Tom Clark and carried unanimously to approve the agenda as written with the deletion of 2A under General Order of Business. VI. ACCEPTANCE OF MINUTES A motion was made by Herb Kai, seconded by Tom Clark and carried unanimously to approve the minutes of the Regular Council Meeting of July 5, 1995. VII. CALL TO THE PUBLIC Tom Clark: Early Saturday morning one of his employees had a heart attack. He called 911 when he arrived at the worker's house. Within a couple minutes a Marana police officer was there. He did not get the officer's name but he attended to the man until the ambulance arrived. He would like to commend the Marana Police Department and the Avra Valley Fire Department for their promptness on arriving at the scene. Sandy Groseclose: Reminded Council that she is on vacation for the next couple weeks but she will be attending the scheduled meetings. VIII. STAFF REPORTS On file at the Marana Town Hall. IX. GENERAL ORDER OF BUSINESS A. Consent Agenda 1. Resolution No. 95-35 Policies and Procedures for the Planning Commission as recommended per the Council appointed task force. 3. Approval for the extension of remaining 1992 Community Development Block Grant Funds - Resolution No. 95-40. 4. Approval for the extension of remaining 1993 Community Development Block Grant Funds - Resolution No. 95-39 A motion was made by Ora Harn, seconded by Bobby Sutton, Jr. and carried unanimously to approve the Consent Agenda. Ordinance No. 95.17 Kroeker Annexation - Annexation of 38.5 acre parcel located in the SE 1/4 of Section 31 of Township 11 South, Range 12 East, approximately one mile east of the 1-10 and Tangerine Road interchange. Hurvie Davis: This item came before Council on June 20, 1995. The property is vacant at this time. This area is within the Town's Ultimate Annexation Boundaries. It is presently zoned "RH' in Pima County, through the transition to the Town it is now "AG". Herb Kal: He has questions concerning notification of adjoining land owners, what has to be done. Dan Hochuli: A blank petition was filed when the property owner indicated his desire to be annexed. There were hearings held and signatures obtained from 50% of the property owners, Mr. Kroeker is the sole owner of the property. The Statute requires no notification to adjoining property owners other than a Public Hearing. A motion was made by Ora Harn, seconded by Bobby Sutton, Jr. and carried unanimously to approve Ordinance No. 95.17. C. Application for Liquor License - Duane L. Delarco, Owner/Manager of The Breakers Water Park~ is requesting approval for a Person Transfer Type 7 Liquor License. Hurvie Davis: The Breakers Water Park has been closed for two or three years, it just opened again this summer. His understanding from Staff is that everything is being complied with. The Police Department did a background check on Mr. Delarco and there appears to be no problem. Tom Clark: He was not aware that the previous owner had a liquor license. Duane Delarco, Breakers Water Park, 8555 W. Tangerine Rd.: It was a Class 7 License which is beer and wine. Tom Clark: His only concern is the people leaving the park after having consumed alcohol. Duane Delarco: The sale of beer will be from 3:00 p.m. until closing, this is a short period of time. Tom Clark: Asked how late the Park is open. Duane Delarco: The Park remains open until 7:00 p.m. We want more of a family park atmosphere. Most of the water parks nation-wide have a beer concession. Tom Clark: Will there be any type of security. Duane Delarco: There is a staff of 70 employees at the Park. Ora Ham: Can the alcoholic beverages be taken down to the swimming areas. Duane Delarco: There are limited areas. Bobby Sutton, Jr.: Is there a separate concession for beer. Duane Delarco: The beer will only be served at the proper bar by people of legal age. A motion was made by Herb Kal, seconded by Tom Clark and carried with Ora Harn voting Nay to approve a Person Transfer Type 7 Liquor License for the Breakers Water Park. D. Presentation on the Brawley Wash Renovation. Hurvie Davis: There is a representative from the Coronado Resource Conservation and Development Area to speak on this subject. Donna Vettelson~ Natural Resource Conservation Service: Her job is coordinator for the Coronado Conservation and Development Area. The reason she is here is because of a project that the Council has chosen to adopt as a Council project, the Brawley Wash. The objective of the Brawley Wash Project is to implement erosion and management programs that will help control erosion of the Wash. Avra Valley and Marana are impacted by the Brawley Wash. The idea is to restore the entire Altar Valley by installing a sediment trap south of State Highway 86. That would stop the sediment while allowing the water to come through. This type of system has worked in the San Simon Valley and has restored the historic flood plain there. She had a video of the Brawley Wash which was shown to Council. Ora Harn: She would like to ask whether they are asking Pima County Flood Control District for money. Donna Vettelson: No, not at this point we are not asking for money. Part of her job is to research the funding. One avenue she is looking at is the Water Protection Fund and being able to use this as a demonstration product. There is a lot of data that could be gathered from this project. We are looking at ADOT for some possible funding also, demonstration project money. Herb Kai: Is there any reason why that particular spot was chosen. Would it make more sense to have it further north to reclaim some of the land behind it. Donna Vettelson: In 1992 the Soil Conservation Service did a Flood Plain Study. They targeted several areas they felt would be ideal and this was their first choice, primarily to protect the bridge and highway and the elevation is fairly level at this location. Herb Kal: If this is successful would you want more structures farther down stream. Donna Vettelson: Yes, primarily she would like to look at more vegetative management. Tom Clark: Is there going to be dike system on either side of it and what length will it be. Donna Vettelson: There will be earth dikes that will extend the entire length of the project, in this case it will be about a mile. Hurvie Davis: What would happen to the erosion factor down stream and also what is she seeking from the Town of Marana. Donna Vettelson: The velocity would be reduced and the sediment would also be reduced. There would still be some erosion depending on agricultural practices or man's use. She would like from the Town of Marana either a letter of support or a letter of comment on the project. Ora Harn: Has Brad DeSpain reviewed this project or any other member of Staff. Hurvie Davis: There has not been a lot of research done, he did ask John Siath for his comments relative to this project. John Siath: He is familiar with sediment traps. The project will assist the upstream part of the water. But you are changing the balance and there is a fine line with balance, when you stop sediment in the water it has to go to another place. This is a good way of controlling erosion. The project is a good but it is going to be a long effort. Ora Harn: If this project is started and they have enough money for the first phase, but no money came for the projects further down, is this going to be so out of balance that it might create more of a problem than a solution. John Siath: He does not think so. What they are doing is they are treating a portion of the water shed. Tom Clark: Had a question for Council Member KaL How does the Brawley Wash impact grazing in the area. Herb Kal: He thinks this structure will improve grazing areas, it brings in more sediment and slows the water down. Mayor Honea: In reading the material, it states that approximately one million dollars is r~eeded for the first phase. He heard Pima County and ADOT mentioned for funding, that would put this project in direct competition with the Town of Marana on some of our funding. As much as he thinks this project would be nice, he is not willing to share the Town's money for that project. This project could take money away from Marana. Donna Vettelson: Primarily they are not going to the Pima County Flood Control District at this time. She has not told any one that she may not come back later and ask for funding, primarily she is looking at outside sources. Ora Ham: Her concerns are the same as the Mayor's. A motion was made by Ora Harn, seconded by Herb Kai and carried unanimously to direct Staff to write a letter of support. The letter would also state that we would be very strongly opposed to any monies from the Pima County Flood Control District or any other sources that might interfere with the Town's bank protection of the Santa Cruz River, E. Ordinance No. 95.15~ PCZ-95-04 Superstition Sales Rezone - This item is continued /'rom the Council Meeting of July 5~ 1995 for consideration of a rezone request for 2.14 acre property located approximately 3/8 mile north of Cortaro Road and fronting Camino de Oeste on the west sidc~ from Zone ":C' to Zone "R~36'. Hurvie Davis: This item was before Council at the last meeting. Mr. Hochuli was going to look further into this matter. Dan Hochuli: The matter was continued and he looked into it. He has talked with a number of outside attorneys. The history of this parcel is as a single parcel of land, which is now two parcels of land. Both of these parcels started out as a Pima County five acre parcel. It was incorporated into the Town of Marana, at that time it was in transition from the County Zoning to Zone "C". At that point it became a five acre parcel, carrying Marana Zoning "C". One of the restrictions of Zone ~C" is a minimum lot size of 25 acres. It was not 25 acres, but it was allowed non-conforming use. After it was annexed the owner wanted to sell the property, that buyer requested that the seller survey the property and divide the property into 2 lots. One lot was sold to Timberline Land and Cattle and the other to Superstition Homes, this was March of 1994. The property was transferred from the one owner to two new buyers. At that point it became two 2 1/2 acre parcels. The problem is that Marana Zone "C~ requires a "C" lot to be 25 acres. It was a non-conforming use, but that lot split divided it improperly into "illegal non-conforming use~. Mr. Berens, the attorney for the two companies owning this land indicated at the last meeting that Timberline was owned 95% by Mr. Lane. He has since told Mr. Hochuli that 100% of that company is owned by Mr. Jack Lane. Superstition Homes is owned equally by Jack Lane and two of his sons. Arizona has regulations relating to subdivisions broken into three different areas in the State Statutes. One regulates County subdivisions, one regulates State Land Departments subdivisions and a separate one that regulates subdivisions in respect to a town. The fourth potential regulation is our Town's Development Code. The County Statute, although it does not apply here, talks about an inter-family transfer like this in the context of a subdivision as not being proper. If you take a piece of property and divide it into two and the owners are related some how, it is not a division. The State Statutes says the exact same thing, the relationship transfers are not valid at least in the context of subdivision regulations. From the Town's prospective he believes this is still one five acre parcel even though there may be two owners. It was against our zoning when it was divided into two parcels. His legal opinion is that the Town should look at this property as one parcel. Now there is one five acre parcel requesting a ~R-36" rezone. The issue of whether and how the Council would rezone this five acre parcel to ~R-36" is really more than anything policy decisions, does the Council want to grant the zoning. The Council will want to consider whether the "R-36~ is an appropriate rezone for that parcel. Under the Town's Zoning Code, if a single parcel is divided into four or more lots for sale or lease in any twelve month period then it's a subdivision. And it then must meet the requirements of a subdivision and they are extensive. This rezoning could be done by either one ordinance or by two as is in Council's packet. The Vice Mayor asked Mr. Hochuli to contact the Northwest Fire Department to see if the parcel is in their district and if they wanted to address the fire concerns. Jerry Flannery: If the Council approves the rezone for five acres to "R-36', the potential is there for individual one acre parcels, however on the original recommendation Staff, through the Commission, recommended that there be a Parcel Plat showing the individual parcels. If that Plat came in with three parcels we would recognize it under the approved zoning of"R- 36". If it came in and showed four, Staff would say automatically that it's a subdivision and it would have to go through the subdivision process. Bobby Sutton, Jr.: If it was sent to Planning in three parcels, could the owner of the third parcel split that parcel, turning it into four parcels. Jerry Flannery: Yes, that is correct. The three way split of say two one acre parcels and one 2 1/2 acre parcel, if Mr. Lane decided to build homes on the two one acre parcels and they sold the third parcel, that person could then come in and request a split. The split would be recorded and they would be in compliance with the zoning. If the "R-36' was approved the number would still be limited to three. Dan Hochuli: Article 6.01 of the Town's Subdivision Code reads that an owner of land within the Town that divides or proposes to divide a single parcel of land into four or more. Vice Mayor Sharon Price arrived at the dais at 8:17 p.m. Bobby Sutton~ Jr.: Because this came before Council as two ordinances, if we look at it that way it would be fine to divide each piece in two. Each zone could be split in half if it was one parcel being looked at. Dan Hochuli: That is true assuming the Town is willing to recognize the lot split that occurred in 1994. Matt Berens: When the two corporations purchased the property it was represented to them by the owners as zoned one to the acre. When the split was made nobody was aware that it would become now a non-permitted, non-conforming use. Originally the Realtor said that he would rezone the property. He told his client since there was two different pieces, you have to make two applications. The Town did not bring up to us to treat this as one, since they are not going to recognize the split. Had they, we would have organized the application. We are here tonight and want to have this treated as one application. We want the property rezoned so there would be a use for it. His clients are seeking a rezone. If in fact they create a subdivision they will have to comply with the subdivision rules, they don't have a problem with that. If they don't create a subdivision, they don't want to comply with the subdivision rules. The density being requested on this property is the lowest allowed. We are not trying to mislead anybody. The owners want to go forward, they do want the "R-36' zoning. They will not be requesting four lots currently, they are requesting three lots. Mayor Honea: Mayor Honea stated that these parcels could be split many times over. Matt Berens: He is not sure, he has not come across this issue before. Jerry Flannery: He would have a suggestion. On the parcel plat, that would be required as a condition of approval, if that was approved, the parcel plat would have a note that the 2 1/2 acre lot, or whatever it was, would not be split within a year. Matt Berens: His clients are willing to go with that. Mayor Honea: Had a question on the ingress to the property. It has very little frontage on the main road and is a deep parcel. Each succeeding parcel is going to have to ingress and egress through the original two properties. The companies are proposing a thirty foot dirt road. Matt Berens: There is an easement existing for that to happen. Bobby Sutton, Jr.: There seems to be loop holes to get four houses in, and it not be a subdivision. Dan Hochuli: There was a letter set by Jerry Flannery to Mr. Berens on January 19, 1995. He read a paragraph of that letter to Council. Another possibility that he was thinking about is what would happen if Council was to grant one of the rezones and deny the other. Bobby Sutton, Jr.: He thinks that because the property is in the Town, that there is a way that the Town can try to do something to try and help a property owner get what they bought, if it coincides with the betterment of the Town. If they brought in a parcel map that showed it split into two one acres parcels and one 2 1/2 acre parcel, that we could stipulate that the 2 1/2 not be split. Jerry Flannery: He believes that it correct. However he believes after a year the 2 1/2 acre parcel could request a split. 6 Ora Harn: When we rezone something, we at that time may not know exactly how somebody is going to develop that property. Jerry Flannery: That is correct. Ora I-Iarn: She is assuming that if Council gives this parcel "R-36" zoning this evening that if they want to build something on that property, they have to come back to Council with some kind of request for what they are building. Would they not have to come back with a plan to either the Planning Commission or the Council. Jerry Flannery: If the applicant came back with more than three parcels, they would have to come back to the Planning Commission and Council. Bobby Sutton, Jr.: He thinks it is great with the size of the lots being so large, because of the 6 to 1 in some of the areas, it would be a good buffer. His issue is the conforming of a subdivision and the safety of the people. He would like to hear from somebody with the Northwest Fire Department. Captain Jayme Kahle, Northwest Fire District: He would like to point out that irrespective of what the Council does, the person that represents the developer will still have to comply with the Uniform Fire Code. With this property there are two concerns. #1 is fire protection, being a water supply and #2 is access, can we get the trucks in. The issue of fire protection is handled by the Northwest Fire District. Jerry Flannery: He would also like to point out that a parcel plat would be looked at from a number of different perspectives. Dorothy Sharnetsky, Planning Commissioner: She had a few comments to make on this piece of property. Jack Lane was told when he bought this property that he could have one house per acre. He did not bother to inquire whether it was in the County or the Town of Marana. We have zones and ordinances she goes by when she makes recommendations to Council. Her recommendation was to deny this item, mainly because it was an illegal subdivision. Also because there was not any access to the back portion of the property. If you go ahead and rezone it to ~R-36" it will wind up having three parcels and within a month that can be split again. Instead of one house per acre, they could end up with 6 to 8 per acre. If Mr. Lane had done his homework he would not be in this predicament. Ora Ham: When we had this item before Council last time, the recommendation from Planning and Zoning Commission was to approve this item. Mayor Honea: That is correct. Commissioner Sharnetsky voted no, it was 3 to 1 in favor of when it was sent to Council. Matt Berens: Now that they have been informed that it is to be treated as one application by two parties. We are now officially on the record amending Timberline Land and Cattle Company's submission to erase the line down the middle of that, so there are only three lots. Had he known this earlier he would have submitted an official amendment. We are no longer proposing four lots. Jerry Flannery: He recommends that one of the conditions be that a parcel plat is a requirement of submittal to the Town Staff prior to building permits being issued. Mayor Honea clarified that Council will act on both Item E and Item F concurrently. Dan Hochuli: Mr. Flannery informed Mr. Hochuli a moment ago that his original recommendation to the Planning Commission was that a parcel plat be one of the conditional requirements. If that is a condition that the Council wants to impose it would be raised in the form of a motion, with an addition to the Ordinance. Jerry Flannery: He wants a parcel map, which is similar to a record survey. Mayor Honea: If Council wishes to act upon this as one piece, he would like some direction from Mr. Hochuli. Dan Hochuli: If he were a Council Member he would make a motion such as I move for the adoption of Ordinance No. 95.14 and 95.15 with the addition to each of those that a condition of the rezone is the submission of a parcel plat acceptable to the Planning Department. It would be two separate Ordinances. Mayor Honea: Is there any advantage to one ordinance versus two as long as it is tied together as a single unit. Dan Hochuli: The disadvantage of two ordinances is that if a future buyer of one of these parcels wanted to know what the zoning was, if they were shown the ordinance affecting their property, they would not know about any of what was discussion tonight. If it was one ordinance saying that the Town is recognizing this as one parcel, it would put people on notice. To have one ordinance would require Mr. Hochuli to draft something. RECESS Mayor Honea: He directed Mr. Hochuli to work on the Ordinance and Council will continue on to the next agenda item. F. Ordinance No. 95.1¢~ PCZ-95-04 Timberline Land and Cattle Rezone- This item is continued from the Council Meeting of July 5, 1995 for consideration of a rezone request for a 2.88 acre property located approximately 3/8 miles north of Cortaro Road and 282 west of Camtno de Oeste from the centerline, from Zone "C' to Zone "R- G. PCM 95-07~ OffStreet Parking and Loading - Add Title 22 to the Development Code defining parking and loading standards based on various land uses within the Town of Hurvte Davis: This is an informational item, Mr. Flannery has been working on this. There is a draft for Council's review. There will be a Public Hearing with the Planning Commission. He would like any comments or feed back that the Council may have. John Siath: We are trying to interject some of the parking requirements and deeds in Marana. Ora Harn: Some of the restrictions on landscaping for parking lots are of concern to her. She is questioning whether we want to have all these restrictions in an ordinance. The way she read the draft, it seemed to apply to areas that are highly urbanized. John Siath: He has not gotten into that area. Hurvie Davis: What we do today, this Community will live with for a long time in the future. While a lot of our Town is not urban today, with the General Plan and the population forecast it will be urban. Maybe when you start out the area is not urban but as it grows it increases problems. We need to be cautious. 8 H. Tangerine Road Proposed Improvements - Overlay Project on 3.2 miles of Tangerine Road beginning I 112 miles east of 1-10. Hurvie Davis: We have a Tangerine Road Committee to address the issue on what to do on Tangerine Road from Oracle Road to Interstate 10. We have had this roadway in our Capital Improvement Programs in the past. We are scheduled to begin construction this fall with the first section from I-10 to Breakers. We have some right-of-way problems that are currently being addressed. The second section, from Breakers to Wild Burro Road is programmed for improvement in 1997. The third section, Wild Burro to Thornydale Road is programmed for 1998. It was his opinion that it could not wait until 1997 to do the second section. We are proposing to go in with an 1 I/2 overlay on that second section, as a holding strategy for next two years. Until the Town decides what to do, keep it at two lanes or widen to four. John Siath: Mr. Siath drove down Tangerine Road with Bob Kern who showed him the problem areas. He began starting at 1 3/4 miles from 1-10, going 3.2 miles to Tortolita Road. Mr. Kern indicated to Mr. Siath that his crew spends about six hours each day on that section. It is costing the Town about $17.50 per man to run this crew. Based on a two man crew, at six hours per day, using a truck, over a period of a week the cost is $1858.00 a week to maintain that portion of road. This overlay would include the stripping and other necessities, the cost would be $163,000.00. We are asking Council to take the funding from the Business Park Dffive portion and put that money into Tangerine Road. A motion was made by Ora Harn, seconded by Bobby Sutton Jr. and carried unanimously to approve the use of up to $200,000.00 programmed for improvement of Business Park Drive be transferred and used on 3.2 miles of overlay on Tangerine Road and authorize Staff to proceed to bid the project with any funds not used for the Tangerine Road Project to remain with the Business Park Drive Project for spot improvement there. Duane Delarco, Breakers Water Park: He believes that this is a wise move. He would like to suggest in addition to this is addressing Councilman Clark's safety concerns. He would like a turn in on the lane heading toward the east for safety factor, Breakers would be willing, with permission of the land owners, to pay out of pocket to clear out some of the trees. In addition the turn lane would allow people to turn more safely. Tom Clark: He would like to see more police enforcement on Tangerine Road. Bobby Sutton, Jr.: He thinks it would be a good idea to have Staff look into a turn lane to the Breakers Water Park, it is a major safety issue. COUNCIL RETURNED TO ITEMS E AND F OF THE AGENDA. Mayor Honea instructed Council to return it items E and F of the agenda. Dan Hochuli: He had drafted a new ordinance, which would be known as 95.14 as amended. A motion was made by Bobby Sutton Jr., seconded by Herb Kai and carried unanimously to approve Ordinance No. 95.14 as written. I. Pima Association of Governments Regional Council Agenda (PAG) - Discussion and input from the Marana Town Council on items on the PAG ReEional Council's next a~enda. Ora Harn: She would like to mention that on the Regional Council for this month, which Vice Mayor Price will be attending in place of Council Member Harm Ora Harn is to speak regarding the MSP, this item is regarding waste water. J. Mayor's Report Mayor Honea gave a verbal report. Several Council Members attended the July 4th celebration at the Sportspark and had a wonderful time. On July 8th Council had a retreat in Scottsdale, he felt this was a very valuable meeting. On Monday July 10th, Vice Mayor Price, Council Members Ora Harn and Tom Clark went to Eloy and met with members of the Pinal County Board of Supervisors. The discussion focused around NAFTA, what it had to offer the area. July 1 lth Mayor Honea attended the Business Advisory Committee meeting along with Councilman Sutton. July 13th met with Tom Swanson from PAG on the Metropolitan Plan and had a good discussion. Thursday afternoon is the Retreat for executive staff and Council. K, Town Manager's Report Hurvie Davis gave a verbal report. He wanted to elaborate on the Business Advisory Committee meeting. The issue of signs in the Ina/Thornydale area has been a controversial issue. The Business Advisory Committee took the position to remove the signs that are illegal. We are in the process of drafting a letter to the businesses and property owners in the area, it will be done tactfully. The letter will give them a thirty day grace period to remove the signs, after Sept. 4th the Sign Code will be enforced. He went to the re-opening of the Marana Library and hopes that people use the facility. One of the items on the PAG agenda is the Southern Pacific Freight Terminal, this terminal which is in Tucson will be closing. The Opticom System which was presented to Council by the Northwest Fire District is operational at the Ina/Thornydale intersection. There will be a test period of about sixty days on the system. Monday he met with Ed Parker, who is the Deputy Director of the Governor's Tucson office, he has been assigned as the liaison who will meet regularly with the Town. Pima County Board of Supervisors had on their agenda today to award a contract for composting. He had Jerry Flannery call the Pima County Solid Waste Division, they said they awarded the contract but have not selected the site. X. FUTURE AGENDA ITEMS Bobby Sutton, Jr.: He would like to get with Jones Intercable and see about video posting the Council Agendas. XI. ADJOURNMENT A motion was made by Ora Harn, seconded by Herb Kal and carried unanimously to adjourn. Time 10:00 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 July 18, 1995. I further certify that a quorum was present. 10