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HomeMy WebLinkAbout05/23/1995 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall, May 23, 1995. I. CALL TO ORDER By Mayor Ora Ham. Time: 7:05 PM H. PLEDGE OF ALLEGIANCE Led by Mayor Ora Ham. III. INVOCATION Led by Mayor Ora Ham. IV. ROLL CALL COUNCH, Ora M. Ham Sharon Price Tom Clark Ed Honea Betty Horrigan Herb Kal Helen Key STAFF Hurvie Davis Dan Hochuli Sandra Groseclose Marcia King Jerry Flannery Brad DeSpain Dan Groseclose 15 Members of the Public. Mayor Vice-Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Town Attorney Town Clerk Assistant to Town Manager Planning Administrator Utilities Advisor CDBG Program Director V. APPROVAL OF AGENDA A motion was made by Tom Clark, seconded by Ed Honea and carT/ed unanimously to approve the agenda as written. 'VI. ACCEPTANCE OF MINUTES A motion was made by Ed Honea, seconded by Helen Key and carded unanimously to approve the minutes of Regular Council Meeting of May 2, 1995. VII. CALL TO THE PUBLIC Dorothy Taylor, 5111 W. Hollywood, Marana, AZ: Would like to see improvements made on Tangerine Road. 1 Ray Brisbiue~ 6569 W. Hermitage PL Marana, AZ: He would like to address the Sign Ordinance. He sent a letter to Mr. Davis regarding selective enforcement of the Sign Ordinance. Shirley Curtis~ 7761 N. Bellwether Rd. Marana~ AZ: She sent a letter of complaint regarding the Sign Code to the Town. She is concerned about the enforcement of the Sign Code in the Town. VIII. STAFF REPORTS On file at Marana Town HaIL Tom Clark: On behalf of the local farmers in the area, he would like to thank the Public Works Department for the chemical spraying and mowing of the fire ditches. IX. GENERAL ORDER OF BUSINESS A. Consent Agenda 1. Canvass of Vote - Resolution No. 95-27 declaring and adopting the results of the General Election held on May 16, 1995. 2. Request by R/chard L. Walbert that the Town ratify the agreement made between Pima County and the land owner of Lot I Orange Grove Road Industrial AM/PM site and area South of railroad crossing. Resolution No. 95-28. A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to approve the Consent Agenda as w~:ltten. B. Presentations - A presentation will be made to Council Members Betty Horrigan and Helen Key for their dedication and outstanding service to the Community and the Town of Marana. Mayor Ham: Presented Council Members Betty Horr/gan and Helen Key with plaques for appreciation of their work while on the Town Council. Helen Key thanked the Council and the people of the Town. Betty Horrigan also thanked the Council and the Town. C, Public Heating - Clothing and Conduct Requirements for Qualified Establishments~ Ordinance No. 95.12. Hurvie Davis: The Town has been working with the Town Attorney and thc League of Cities and Towns on this issue. This area was omitted in the Code, that is why it is before Council this evening so it can be added. Mr. Hochuli did a lot of research on this matter and will speak on the issue. Dan Hoehuli: Commended his Staff for all the effort and work they put into this subject. As early as the 1960's the City of Tucson had an Ordinance restricting topless dancing in establishments that served alcohol or food. This Ordinance was held constitutional by the Arizona Supreme Court, Municipalities are authorized to put clothing requirements on establishments that serve alcohol. Arizona Law gives the Arizona Liquor Board the authority to regulate nudity in any place that has a liquor license. They have regulations written that are very similar to regulations proposed to Council tonight, the one's before Council are more broad. Without this Ordinance, it would still be a violation of the rules and regulations of the Liquor Board. The Town cannot enforce that, only the Liquor Board can. By passing this Ordinance, the Town has the authority to not rely on the Liquor Board for enforcement of their requirements. The Liquor Board's requirements are sometimes vague regarding clothing, specifically the topless dancing. The Liquor Board requires women to wear an opaque covering, covering the areola of the breast, the dancers have ended up using scotch tape. This Ordinance controls establishments that serve alcohol. It says if you are on the premises 2 where alcohol is being served or the liquor license applied and you can see anyone who does not meet the clothing requirements, then it must be screened. The clothing requ/rements are more stringent than those of the Liquor Board. For men there are requirements for below the waist. For women the requirements are below and above the waist, including the areola and nipple area, so it does not simulate what is covered. It would be a violation of the person that is exposing themselves and also the owner/manager of the establishment. Tom Clark: Council Member Clark brought a spelling error to Mr. Hochuli's attention on 6B, stimulates should be corrected to read simulates. Dan Hochuli: If an emergency clause would need to be added to the Ordinance, it would also need to be added into the motion. Tom Clark: Regarding 7A, he would like to know how this can be enforced. Dan Hoehuli: It would be a violation of the employer to hire somebody who has committed any of these acts. The employer would need to put procedures in place to make sure this does not happen. He has some concerns on this section of the Ordinance, but anything in this Ordinance can be removed, most of it is independent of other sections. Helen Key: Would it be better to say arrested and convicted rather than charged. People have been charged but then found innocent. Dan Hoehull: He likes it better as well. There arc prostitutes that have been arrested several times but not found guilty. He would support that change. Sharon Price: She does not like section 7A, there is no room for a person who has changed, she finds this paragraph very restrictive. Tom Clark: He also agrees with Vice Mayor Price, Dan Hochull: If you are arrested as an adult, it will remain on your record. The purpose of this section is that these types of entertainers may lead to prostitution. We want to try and minimize that risk by stopping the prostitutes from dancing. Betty Horrigan: Council Member Horrigan would like an explanation of a Class Misdemeanor. Dan Hochuli: It is the highest misdemeanor you can be charged with before it is considered a felony. Ed Honea: That would be the maximum penalty, the Court would not have to give the maximum. Dan Hochuli: That is correct, it would be a Class 1 Misdemeanor. If they were found guilty of it, it would be on their record as a Class 1 Misdemeanor. He could find out what the maximum penalties would be. Mayor Harn declared the Council in Public Hearing. Dorothy Taylor, 5111 W. Hollywood Blvd. Marana~ AZ: Does this also pertain to male dancing as well as female dancing. Mayor Harn: Yes, it covers both males and females. John Herren, 13460 N. Adonis Rd. Marana, AZ: Regarding section 6A, he feels that the 3 wording is very stnngent. Dan Hochult: This has been included in the Ordinance following research done with other Ordinances. He thought this was the most broad statement contained in the Ordinance. We are only allowed to limit and prohibit this type of activity in establishments that serve alcohol. We cannot prohibit acts in other places that do not serve alcohol, we are working now to regulate this type of activity in other establishments. Tom Clark: He would like the Public to know why an emergency is being declared if Council declares one to exist. Dan Hochuli: He stated there are a few reasons he would like to include an emergency clause. One reason is that he tried to give the Council everything they can choose from on this Ordinance. The other reason is if an establishment started this activity now, the Town would still be able to enforce the Ordinance. We hope to present a Town Code to Council within the next 30-45 days. Sharon Price: There are two sections she has trouble with if it is passed tonight, Section 6A and 7A. Mayor Harn declared Council out of Public Hearing. A motion was made by Ed Honea, seconded by Tom Clark and carffied unanimously to approve Ordinance No. 95.12 with the deletion of 6A and 7A, correcting the wording in 6B and invoking the emergency clause. D. Update on Adonis Streets - Staff will update the Mayor and Council on the Town accepting ownership of the streets in the Adonis subdivision. Hurvie Davis: This issue came before Council approximately a month ago and Staff was proceeding to prepare the necessary documents. We have run into a snag as to how to take private streets and designate them public streets. Normally this is done by recordation of plat of the Subdivision, as was done with Adonis Road and Grier Road. We already have a recorded plat, but could it be re-recorded. The Town is checking into whether or not a legal description of the streets can be done off the Plat or will it need to be surveyed. He also has a report that GLHN has a lot of association with this issue, they are recommending caution to the Town regarding not accepting streets not up to standard. He reminded Council that the Town accepted Grief and Adonis Roads without being brought up to standards. Dan Hochnli: We have decided in his opinion that it is not necessary to prepare legal descriptions for all the streets, The Plat that is recorded for that subdivision is sufficient. The Town will need to prepare a deed from the Home Owner's Association to the Town, deeding the Town the streets by name. There are still a couple of outstanding issues. The Home Owner's Association needs to meet and pass a Resolution that they are v~flling to adopt this agreement. The other issue is whether the Town is interested in just the streets or the alleys as well. William "Buck" Cox, 10811 W. Grief Rd, Marana, AZ: He is the President of the Home Owner's Association in the Adonis Subdivision. He is very interested and cooperative on this issue. He would prefer that the alleys would be included as well, but the main concern is the paved streets. Dan Hochuli: He will have his Staff work to prepare the necessary documents. Ed Honea: When the streets in Berry Acres and Honea Heights were done, all of that expansion was taken care of by the Town. He would like to see this done as quickly as possible. Regarding the alleys, the Town does not maintain the alleys in other neighborhoods, 4 possibly in the future. Buck Cox: We understand that things take time and money, he is willing to work with the Town on this matter. The people are really concerned about the asphalt streets in the Adonis Subdivision. Ed Honea: Does a motion need to be made on this issue. Hurvte Davis: This information is just a status report on what stage this issue is at. It would be his recommendation to the Council at this time to accept the streets and maybe later on possibly accept the alleys. Buck Cox: At the Home Owner's Association meeting this year, it was unanimously voted to do everything possible and legal to get this issue settled. E. Continuation of Appeal to the action of the Planning Commission - Planning and Zoning Commission denied the rezone request for a property addressed as 5001 and 5061 W. Tangerine Road, APN 216-02-007B~ within the NE Ouarter of Section I of Township 12 South~ Range 12 East. The request was to change the Zone from Zone "C' to Zone "R-36' - Ordinance No. 95.10. Jerry Flannery: This item was presented to the Planning Commission at the April 26, 1995 meeting. At that meeting there was significant discussion and the Planning Commission had several concerns, You have a subdivision on Tangerine Road that was recorded in P/ma County. Subdivisions are usually planned and reviewed as a Master Plan type development. The reason the planning process is important is because there are utilities associated with lots that are created, roads that are paved and unpaved so each parcel has access. In this case it is a request to rezone to a higher density "R-3fi', possibly creating a situation where parcels could be created that may not have access to all the utilities. Or if there was access it would be very haphazard. When this request was before the County, the County denied it based on a conflict with the Tortolita Plan in the County at that time. The Town Staff £eels that this could possibly be a precedent that would allow the other S acres parcels in the subdivision to come in with requests to split their parcels. This would create a subdivision within a subdivision. Most subdivisions have a note that states no further lot splitting shall be allowed without the expressed permission of the Town. This type of rezoning if approved would require a planning process and a number of other requirements that would also need to be followed, this would involve a cost to the individual applying for it. The Commission recommends to Council that their decision be upheld. A motion was made by Ed Honea, seconded by Helen Key and carried unanimously to deny a rezone from "C' to "R-36' to the properties addressed 5001 and 5061 W. Tangerine Road. F. Public Hearing - Ordinance No. 05.11 - Amending the Significant Land Use Procedures, Section 05.03 of the Town of Marana Development Code. {Case No. PCM- Mayor Harn declared Council in Public Hearing. Jerry Flannery: The Town has a Code that has been in place for the older Town Zoning. In that there is a process where by you apply for a specific use and if the use is being significant by a number of criteria within the Ordinance, then you have to go through a notification process. One of the clauses within that Ordinance mentions the change of ownership if the property has gone through a significant land use change. One example is the Breakers Water Park, the new owners must go through another significant land use change to reopen in the same business. Staff was contacted with this very issue a few months ago. It seems a little unusual that the same business would have to go through the process. The Town Attorney issued an interpretation saying that we should immediately pursue an amendment of the 5 Code, but in the interim we should not penalize an individual for the sale of a property. Staff recommends that this be approved tonight. Hurvie Davis: About 18 months ago two gentlemen came in to the Town that wanted to put in a plumbing business on Adonis Road. They went through the Significant Land Use Change at that time and there were no objections to it. The Code says that if the applicant or owner does not complete and allow the Land Use Change within one year, the owner is then responsible for returning the property to its original condition, then the property will return to its previous zoning classification. That was interpreted to say if we had a Land Use Change today and it is not completed within one year, it reverts back. This change would allow the changes being made to run with the property as opposed to ownership. Dan Hochuli: On Page 1 of Ordinance No. 95. i 1, he had added in the sentence "unless extended in writing by the Planning Administrator." The down side of allowing some to sit on a Land Change Use for a long period of time is that if they sell it with the Land Usc Change they may think the land is worth more. If somebody buys the land and looks just at the Zoning and does not know there is a Significant Land Use Change on the property it could cause problems. Mayor Ham: She agrees with the Planning Commission that there needs to be some kind of limit on the time period. She would suggest that Mr. Flannery may have an idea as to what that limit should be. Jerry Flannery: The Commission does have a strong opinion on this issue. He thinks that basically when you have a subdivision recorded, improvements are required within one year, but there are extensions that are allowed. Dan Hochnli: If the Council is pleased with Mr. Flannery suggestion, he would propose adding in to his language, IF THE APPLICANT, OWNER OR LESSEE DOES NOT CONFORM TO THE LAND USE CHANGE WITHIN ONE YEAR, THE LAND USE CHANGE WILL BE VOID, UNLESS EXTENDED IN WRITING BY THE PLANNING ADMINISTRATOR. That would give the Planning Administrator the ability to extend the period and it would be in writing for the record. Mayor Harn declared Council out of Public Hearing. A motion was made by Tom Clark, seconded by Sharon Price and carried unanimously to approve Ordinance No. 95.11 with the addition in Section I - of "unless extended in writing by the Planning Administrator. G. Parking Needs at the Marana Park - The Marana Park is experiencing problems in providing enough safe parking during Little League and other large events. Hurvie Davis: This issue was before Council at the last meeting, but postponed until Council Member Clark would be present. Mr. Davis read figures on the number of parking spaces available at the Park at this time. The existing parking lot consists of 70 spaces, additional graded parking lot by the SherifFs Substation is 88 spaces, parallel parking around the perimeter of the park is 80 spaces, totaling 238 spaces. We have talked about expanding the parking lot for some time. The existing parking lot by the pool will be chip sealed again. Tom Clark: He has a concern with people parking on both sides of the roads in the area and also parking around the canal. Hurvie Davis: Agrees there is a concern with the canal. His experience in other parks is to park close to the area you will be in, such as near the ramadas. Also with A.D.A., the Town has an obligation to meet their requirements. Dan Groseclose: The new temporary parking would take care of 75-85 parking spaces. If the Town proceeds with the Community Center, adjacent to the Recreation Center, a drive would 6 be logical to put in the front of the Recreation/Community Center, and put in a parking lot for an additional 200 cars. Tom Clark: How ~vill the Public be informed of the temporary parking in the area. Hurvte Davis: Possibly put up signs near the park designating additional parking by the library. Tom Clark: Suggested maybe allowing a single lane of parking next to the cable, designating the boundaries of the Park. Have a sign on both ends of the park access road which states that single lane parking is OK next to the Park only. Hurvie Davis: We would need an Ordinance to enforce the signs and to identify the area as such. Ed Honea: If parking is a safety hazard, particularly around the canal, maybe that should be cabled off. Close the parallel parking on that side of the park completely. If there are 80 spaces in the new area and 80 in the parking lot, why not close it off. It is unsafe to have parallel parking on both sides of the access road and the canal right there as well. It is a big safety hazard. Helen Key: If the land near the ditch belongs to Cortaro then it is not public land for people to be parking on. Brad DeSpain: Mr. DeSpain stated that 12 1/2 feet on each side of the ditch belongs to Cortaro, they would probably let the Town move the fence out and then cable it off. Helen Key: If somebody drowned in that ditch they could be sued as well as the Town. Ed Honea: Suggested talking to Cortaro about possibly putting some signs up stating no parking and closing it off, that would eliminate the parldmg there altogether. Herb Kal: Cortaro is very nervous about parking close to the canal, there is liability in parking so close to the canal. Dan Hochuli: Because of the issue of the easement, he would think that if there was a cable structure across that area, if they have the key, they would not lose anything. The Town's money would be spent to protect their liability. He feels it would be a win-win situation, but before the Town can do anything he needs to know if they will allow the Town to do it. The cheapest and quickest way would be some type of cable that would lock. Ed Honea: Could a motion be made to cable it off at each end if the Town receives permission from the Cortaro Board. A motion was made by Ed Honea, seconded by Tom Clark and carried unanimously to cable off the parallel parking at both ends of the park along Barnett Road to eliminate parking altogether in that corridor. But before that is done the Town is to receive written permission from the Cortaro Board. A key will be given to Cortaro to allow their trucks in for maintenance. Hurvie Davis: He thinks signs should be put up before it is closed off so people are directed where to park. Betty Horrigan: Council Member Horrigan asked what would be done in case of an emergency if that area is cabled off. Den Hochull: The Town could talk with agencies to see if they would need a key for 7 emergency purposes, Staff will look into this issue. I. Designation of Administration of {CDBG) Community Development Block Grants Program. Resolution 95-30. Hurvie Davis: The Town received a letter from the County relative to the designation of the CDBG funds. Thc County has been acting on behalf of the Town for the CDBG Program, this was an opportunity for the Town to take a separate route from that. Mr. Groseclose has done research on this, which he is here to report to Council tonight. As thc Town continues to grow, the CDBG will become a smaller part of the total program and the areas will become more limited as to where the Town can apply thc CDBG Program. Ed Honea: Does the IGA have to be approved as part of the Agreement. Dan Groseclose: They need to have the IGA in their office by June 9, 1995, so action does need to be taken fairly soon. This IGA covers both the CDBG Program and the Home Program. From the Home Program, thc Town of Marana has acquired a home on Gr/er Road. The IGA must be submitted to HUD by July 14, 1995 and is exactly the same as Council has signed three times before, it covers a three year period. There is really no changes on it from past years. The question on this IGA would be does the Town want to sign for a three year per/od, he would recommend that they do. A motion was made by Ed Honea, seconded by Betty Horrtgan and carried unanimously to approve Ordinance No. 95-30 and the Intergovernmental Agreement between P/ma County and the Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program. Dan Groseclose: In reference to the 1995 Program, the Town is receiving $218,000.00. That will cover $20,000.00 for Administration, $15,000.00 for the Summer Youth Program, $18,000.00 for the After School Program, $10,000.00 Senior Cit/zens Drug Program and $150,000.00 for the Community Center construction. J. Sflverbell Road - Discussion regarding the possible designations of Silverbell Road as a Scenic Route in the Tucson Mountain Area. Hurvie Davis: Some months ago Mr. Davis was contacted by a representative of the Tucson Mountain Association and there were discussions on this issue. She suggested the possibility of designating Silverbell Road as a scenic corridor, he was impressed with this idea having driven Silverbell Road a number of times. He spoke with Mr. Flannery and his staff, they will be getting in touch with the representative in reference this idea. He would like to know if there is any support from the Council on this issue prior to proceeding. Herb Kal: He has some questions concerning restrictions on scenic routes. With the Avra Valley Road bridge being shut down with a weight limit, it has forced a lot of the commercial traffic on to Silverbell Road. What would the impact be concerning commercial traffic. Hurvie Davis: He attended a meeting this morning in reference the Avra Valley Road bridge. Construction is to begin in July of 1996 and hopefully be completed by July of 1997. It would probably take that long to develop a scenic route on Silverbell Road. He would envision certain things, such as setbacks and building heights within a certain number of feet of the roadway and possibly restricted to just automobile traffic and prohibiting commercial traffic. Ed Hones: The Continental Specific Plan has already been approved, he does not think there is any way the Town can go back on that. If they have permission through zoning to build two story homes against the roadway how could they be stopped. Jerry Flannery: That is a good point. Continental Ranch does in the Specific Plan, through a number of means, try to create a scenic route through the subdivision. Mr. Flannery is going to be meeting tomorrow afternoon with Jim Mazzocco, the Pima County Planning Director on the sign issue, he would also like to talk with him on the scenic corridor. The concerns that 8 Council Member Honea expresses with Continental Ranch, a lot of those have been addressed in the Specific Plan. Sharon Price: How would this affect someone that has actual private property down through that area, would the Town go in and take their property and designating that they could not build on it. Jerry Flannery: If there were structures within the area, they would be grandfathered. We would have to look into it to be sure we are not taking someone's property without compensation. Hurvie Davis: It could be a very controversial issue, but he thinks it is an opportunity the Town has that could be lost for ever unless something is done. We have an opportunity to be environmentally sensitive. Mayor Harn: Most of the land around that area is not heavily populated, if we were ever going to do it now is the time. If we were to talk with people in the area and study the issue further, it could be beneficial to the Community. She does not feel there is any reason not to look into it. A motion was made by Tom Clark, seconded by Helen KeF and carried with Ed Honea voting nay to direct Town Staff to study Silverbell Road as a scenic route for the Town of Marana with the appropriate preservation restrictions to be developed. And to return to Council with periodic progress reports. Sharon Price: This is strictly on direction and not to do anything concrete until there is a lot of input from the people who live there and who own the property. Hurvie Davis: That is correct, we will proceed with studying the issue, there would be no action. K. Mayor's Report Mayor Harn brought to Council's attention a project that was brought to her by Arts Extra of Pima County. Some funds became available for art projects near State owned highways. It is a project where I0 young people from the Town of Marana would be hired to work with a local artist and the Community. The proposal would be to do a mosaic art feature somewhere in the Community near the State highway. This is not a project that any money is going to be asked for from the Town of Marana, it is part of the JTPA Program. They would like to start the Program on June 5, 1995 while the kids are out of school. Unless Council would like to call a special meeting to have approval on this, she went ahead and put it on the Mayor's report. This group will come before the Council on June 6, 1995 for input from the Council. They have not made any determination as to where they will put the artwork, what it will be and so on, that will be decided by the people of the Community. L. Town Manager*s Report Hurvie Davis has been involved in several things at this time. Yesterday he was made aware of the fact that Mr. Moore put an item on the Agenda to transfer the Federal and State moneys for the Santa Cruz Bank Protection levy work to the Town of Marana. He tried to contact Mr. Moore on this issue, with no success, so he went down to the Board meet/ng. Mr. Moore wishes to take the $4 million in Federal and State moneys that are available for this effort and transfer them to thc Town, so the Town can proceed with construction on their schedule. Mr. Davis told Mr. Moore that as far as he knows that money is already allocated for Bank Protection on the Santa Cruz. He asked him to transfer money for the Flood Control District that goes with the Federal moneys for this project. If we transfer $4 million Federal and State money that leaves a deficit of $6.6 million dollars. The Town does not have the ability to levy a property tax in the Town, and we also could not levy a tax on the 9 unincorporated area of Pima County. He felt like saying that if the County was going to do this, they should have transferred the moneys years ago, it is now 40% of the project cost, where some years ago it would have been 60-70% of the cost. We will schedule this item for the second meeting in ,June, by that time there will be opportunity to get together with CounW Staff for more information. We are working on a salary plan adjustment as part of the budget process. Over the last couple of days Mr. Davis was contacted by a recent purchaser of 160 acres at Linda Vista and 1-10 who would like to develop, but the lack of sanitary sewers in the area is prohibiting that. He told him that the Town's position was that development pays its way. He seemed very anxious to develop the property, but the lack of infrastructure was a deterrent presently. We are working on the budget for the Town and we will be back before Council on June 6 with the tentative budget. The Chip Sea1 Program is under way, pax4ng on Silverbell has been done and have also started work today on Wentz Road. Also the Ina/Thornydale area was re-stripped with the state of the art stripping which will be put on all of the roadways after the chip sealing is completed. He will be out of Town starting tomorrow until June I. 1995. X. FUTURE AGENDA ITEMS None XI. ADJOURNMENT A motion was made by Betty Horrigan, seconded by Helen Key and carried unanimously to adjourn. TIME: 9:30 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 May 23, 1995. I further certify that a quorum was present. 10