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HomeMy WebLinkAbout04/18/1995 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall, April 18, 1995 I. CALL TO ORDER By Mayor Ora Harn. Time: 7:06 P.M. II. PLEDGE OF ALLEGIANCE Led by Mayor Ora Harn. III. II~IVOCATION/MOMENT OF SILENCE Led by Mayor Ora Harn. IV. ROLL CALL COUNCIl Ora M. Harn Sharon Price Tom Clark Ed Honea Betty Horrigan Herb Kai Helen Key STAFF: Hurvie Davis Dan Hochuli Sandra Groseclose Joe Lizardi Jerry Flannery Marcia King Dan Groseclose Mayor Vice-Mayor Council Member, excused Council Member Council Member Council Member Council Member, excused Town Manager Town Attorney Town Clerk Town Engineer Planning Administrator Assistant to the Town Manager CDBG Coordinator 24 Members of the Public. V. APPROVAL OF AGENDA A motion was made by Sharon Price, seconded by Ed Honea and carried unanimously to approve the agenda as written. VI. APPROVAL OF MINUTES A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to approve the minutes of the Regular Council Meeting on April 4, 1995. VII. PETITIONS AND COMMENTS Dan Groseclose, 14200 W. Imogene PI.~ Marana, AZ: Wanted to inform Council that last week had been designated by Council as CDBG Week. Had a very nice meeting at the Valenzuela Center in South Tucson, it was attended by South Tucson, City of Tucson, Pima County and the Town of Marana, There were approximately 300 people there, At that meeting Mayor Harn was awarded for the work that she has done on CDBG's over the years. VIII. ANNOUNCEMENTS Mayor Harn: The Red Ribbon Committee at the Marana Junior High is going to have a Walk-A-Then, it will start at the Junior High at 9:00 a.m. People v/dl be out with pledge cards, watch for the kids on the street. Anybody can walk or make a pledge. IX. STAFF REPORTS On file at Marana Town Hail. No comments by Town Council. X. GENERAL ORDER OF BUSINESS A. Consent Agenda: 1. Second Reading of Proposed Amendments to Section 09.04.02 of the Personnel Policies, changing the automobile reimbursement from ~.24 per mile to the IRS allowable rate. 2. Local Transportation Assistance Fund {LTAF) - Approval of Resolution No. 22 Town of Marana~ requesting the Arizona Department of Transportation to authorize Transportation Assistance funds pursuant to Section 28-2602~ Arizona Revised Statutes for Maintenance and Operation of Marana's Streets and Roads. A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to approve the Consent Agenda as read. Request for a Special Events Liquor License by St. Christopher's Catholic Church for April 28th and 20th. A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to approve a Special Events Liquor License for St. Christopher's Catholic Church for April 28th and 29th until 12:00 midnight, and that adequate security will be provided and the beer distribution area will be isolated. Co Public Hearing - Case Number PCZ 94-02 Consideration ora rezone request for 10 acres from "C" Zone to aR-7" (residential 7000 square feet minimum lot size}. Located West of Hartman Road~ South of Overton Road. Councflmember Herb Kai stated a conflict of interest on this issue and was excused from the dais. Jerry Flannery: This rezone request was presented to the Planning Commission at the February 22nd, 1995 meeting. At that time, the Planning Commission expressed several concerns they felt needed to be addressed, such as access to the property, drainage, density and the vegetation on the property. At the Planning Commission meeting a citizen that borders this property on the west side attended. She expressed concerns about how the property was to be accessed and how her property was to be accessed, those issues didn't seem to have any resolution at the meeting. At that time the Planning Commission recommended denial 4-0 on this request. Subsequently, the applicants have appealed that decision and are before the Council tonight asking for an over turning of the Planning Commission recommendation. Mr, Flannery believes all the applicants and project managers are here tonight to discuss the issues. Linda Polite, WLB Group, 4444 E. Broadwayt Tucson, AZ: Ms. Polite is here tonight representing Robert Sharp, the owner of this ten acres. The parcel is a square ten acre parcel, the subdivision directly to the east is Countryside. To the west is a single family residence, which is owned by Denise Ashby, the property to the north and across toward the west, was part of a rezoning done by Carl Winters last year. The allowable density for that rezoning was four residences per acre. Our request is for thirty units on the property, which is a density of 2 3 units per acre. We are however asking for R-7, because we would like to have a lot size of approximately 70 by 100. This is a little smaller than the lot size would usually be for a three rack density. The reason for this is the entire north and west portions of the site is taken up by a wash. We are going to keep ali development out of the wash flood plain entirely. That means that we are almost clustering things, we need that smaller lot size. To the west, this area will serve as detention basins for the drainage that will come across the site from this direction. There has been concern from the public about whether or not these detention basins would be flooding the down stream property. They have to be designed in accordance with the Town of Marana Floodplain Ordinance, and they have to be designed so they drain within 24 hours. Also because this is in what's called a critical basin, the amount of water that is leaving our site on the west, has to be reduced by 10% after development. The County feels the down stream drainage conditions are already over impacted. We will actually be improving the situation to the west in terms of drainage. We will be dedicating an additional forty-five feet that will be used when Hartman Road is widened in the future. The majority of the vegetation on the site is in the wash area, which will be left natural. We intend to abide by the Town's Native Plant Ordinance for any other vegetation. We held a neighborhood meeting prior to the Planning Commission, and about 15 people came, some of those people are here tonight. Their concerns were mainly with whether this project would impact their views, add traffic and add children to the school district. The lot size and the density in this project will actually be larger than in Countryside. At the Commission, their concerns were the drainage, density and also whether one access was sufficient for thirty units. The main concern had to do with Denise Ashby's concerns. We have put together an agreement that has been signed by both Ms. Ashby and Bob Sharp, the agreement states that Ms. Ashby will receive access through the street system. We will pave a sixteen foot strip of pavement from the cul de sac into the T of Ms. Ashby's driveway. Also will construct a gate so that she will have a gate on to her property with a private sign. They have also restricted about nine lots that Ms. Ashby requested be restricted to single story development. That ~vill preserve her views as she looks to the east. When we relocate the utilities for the development, we will connect her utilities into this new location for her. There is a power line that goes across the site, we believe that there will be no problem with putting that power line underground. We will also put a masonry wall all along this edge of the development, and that will shield Ms. Ashby's view of the detention basins. By relocating the access for Ms. Ashby, we would abandon the easement which has been put on this parcel, in favor of Ms. Ashby. That is the majority of the agreement and hopes that many of the concerns of the Planning Commission have been taken care o£ After it was denied by the Planning Commission, many of the Commissioners said that they weren't necessarily opposed to the rezoning, but they felt like there was to many questions and things that needed to be resolved with Ms. Ashby. Mayor Harn declared that Council is now in Public Hearing for Case Number PCZ 94-02, Consideration of a rezone request for 10 acres from "C~ Zone to "R-7~ (residential 7000 square feet minimum lot size) Located west of Hartman Road South of Overton Road. Denise Ashby~ 9051 Hartman Road: She agrees with the changes that have been made that would impact her property. Ms. Ashby corrected Linda Polito, there are 10 restricted lots for single story, not 9 as earlier stated. Ed Honea: Does that ingress easement also go across your property. Denise Ashby: Yes there is ingress egress across my property. l/Id Honea: So the five acre parcel directly west does not. Denise Ashby: Stated no. We had asked the person who owns that property for permission to put a road across verbally. After the road was put in, he changed his mind and said no. There has never been an easement to the west. 3 Ed Honea: There is an ingress egress across the 10 acre parcel being talked about. If that person was not contacted in order to release the easement. You cannot do away with the right-of-way for someone to get to their property without their permission. That is probably why the easement goes across Ms. Ashby's property is so that person can get to their property. Denise Ashby: She stated that she has never met the man that owns this property, but the easement does cross her property. Tony Zeiger, 8991 N. Brhnstone Way: Lives across from where this development is proposed. His concern is the one entrance/exit out of the area. Does not feel that is very safe for fire engines, ambulances, etc.. Another concern would be the size of lots 1-6, being two story houses, which restrict his view. Traffic is another concern, which is already beginning to get very busy in the area. Would like to know if there is going to be a recreation area for these people in this development, will there be an area for the kids to help keep them off the streets. Linda Polito: In terms of a recreation area, it has not been planned for. With only 30 homes, it is difficult for a Home Owner's Association of that size to support any kind of formal developed recreational facility. As far as the single entrance, this design meets all of the criteria for safety. When it is plated, the fire and rescue teams, review the Plat and they must approve it. John Llrnn~ 9001 N. Brimstone Way: Concerned about the children in the area. The school playground is not supervised when school is not in session, it is not safe for them to play there. Ed Honea: Has a lot of concerns and he has talked with Ms. Polito. One of those concerns is recreation. Feels that if you put houses in there, you build a recreational area for your own children, not the Town. The citizens should not have to pay tax dollars to build parks to take care of kids in someone else's neighborhood. Thinks it needs some type of recreation somewhere in/;he development. Also has a problem with the easement. He would not be satisfied to close that easement, as long as the other property owner does not give written notification that they will accept the easement being closed. He is not sure that the easement can be closed. If it is a utility and an ingress egress easement, there is a lengthy process before it can be closed. The R-7 lot size is another problem, all the other zoning cases in that area have been either R-8 or larger. Even though you have four rack, it has bigger lots. Cannot support R-? lots. The Town of Marana just passed an Ordinance recently that says we want the first option to own retail water distribution infrastructure within the development, we need some answers on that. We are looking at the option of retailing water, not for profit but for having more control over the Town's destiny. Thinks there are a lot of questions that are going unanswered, does not feel good about it. Sharon Price: Asked how many saguaros are on the property. Linda Polito: Believes there are seven. We would attempt to preserve any that we could. Any that could not be preserved would be relocated. Mayor Harn declared that Council is now out of Public Hearing. A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to send Case Number PCZ 94-02 back to the Planning Commission. Jerry Flannery: Just for the people in the audience, the Planning Commission will most likely schedule this item on May 31, 1995, at 6:30 p.m. in the Council Chambers. 4 Councilmember Herb Kal rejoined Council at the dais. D. Public Hearing - Amendments to the Tortolita Mountain Properties Specific Plan, to amend selected portions of the Tortolita Mountain Properties Specific Plan, due to realignment of the proposed Tortolita Parkway~ Thornydale Loop and Moore Road - Ordinance No. 95.09 & Resolution No. 95-21. Mayor Harn declared that Council is in Public Hearing. Jerry Flannery: Back in August, 1994, the Westinghouse Properties requested an amendment to the Tortolita Mountain Specific Plan. That request was for two additional uses in the Village Core sections of the plans. Those uses allowed for residential and golf course. Part of the justification to allow those uses was based on the road realignment of Tortolita Parkway. Basically the request is supported by the Commission, and was supported by the Staff. It was recommended for approval to the Council. It should have been part of the original request that came before the Commission and Council back in September and October. Also the CFD that was approved by the Council, included a number of these road realignments. Larry Schubart~ Attorney with Stubbs & Sehubart: Back in September of 1994, the first of two amendments to the Specific Plan was initiated. The first was to include within the definition of the Village Core center, US Homes ability to construct medium low density residential housing. Prior to proceeding to Public Hearing on that amendment we first sought the review of the realignment of roads from the Town Engineer for the road design. On September 30, 1994, the Town Engineer, recommended approval for the realignment of Tortolita Parkway and the elimination of Thornydale Loop. We proceeded to the Planning Commission and Town Council, receiving approval at both times. Now we have come to realize that we needed specific approval for the elimination of Tortolita Parkway and Thornydale Loop, because of an Ordinance that was adopted in 1989. The Ordinance required the extension of the roadway to the section line, in order to assist the joining property owners with their ability to have access to the major arterials and the system of streets. What we have now done is reached an agreement with ail the adjoining property owners, to extend Tortolita Road up along the section line road, so that they will have adequate access. In so doing, everyone of them has signed an agreement offering their support for the amendments that are now proposed. We now have specific amendments to the Specific Plan, which have been represented to the Town, and have been unanimously approved by the Planning and Zoning Commission. R. Craig Chamberlain, 13650 N. Thornydale Rd.: Primary he is concerned with what is happening with the Thornydale Loop. Hurvie Davis: This has been before Staff and Council a number of times. Wanted to point out that we are not dealing with just Tortolita Parkway this evening. It also involves Thornydale Loop and Moore Road. The Town and PAG Transportation Plans calls for a major east/west arterial ultimately. With Moore Road we are breaking the continuity, as a result of the realignment of Tortolita Parkway. The information shown on the Specific Plan was just east of the section line. What we have done with this proposal on Tortolita Parkway is move it further east, when that is done there is quite a curve in it. Where Moore Road comes in, with that alignment, you don't get a good connection, you don't get a 90 degree angle. That is why Moore Road is broken into two parts in that area. There has been a traffic study done which reflects the year 2010, the estimate is 2000 vehicles per day. We need to take into consideration whether or not we need the direct connection so that Moore continues straight across. The Town has to take everything into consideration on this project, how if wilI effect the future. 5 Ed Honea: If we allow this road to be broken and offset at a later date and there is development around the Moore Road area, that will make it is just about impossible to do. Ron Dillon, WCA Communities Inc.: Responded to Councilmember Honea's question, made reference to diagrams displayed. Herb Kal: It seems like with the long range plans, that Moore Road should be an east/west alignment. To offset it now, if there is any development, it will be hard to move Moore Road back to an east/west alignment. Ron Dillon: There is already an offset that exists at this corner, where these sections come together. Ed Honea: Are those iutersections going to be lighted intersections. Ron Dillon: Assumes that at some point they would become signalized intersections, if traffic warrants it. Hurvie Davis: The traffic of 2000 vehicles per day in 2010, maybe it~ five to eight years, depending on the type of development taking place, you would probably need a signal. Ed Honea: How big is the offset to the east of Moore Road. Ron Dillon: The north edge of Moore Road is the south edge of that section line. Believes that is the way it has been dedicated. Ed Honea: Asked where and how it is offset. Ron Dillon: This shows what is dedicated in the public record. Moore Road comes in there and then the right-of-way picks up 75 feet either side of the section line. This is the way it was approved by the Town Engineer. The main road is a total of 250 feet. Ed Honea: What is the paving. Ron Dillon: Four lanes with a median on the main Parkway. On Moore Road, the first segment is two lanes, which ultimately could become four lanes. It is intended to be 150 foot right-of-way. Hurvie Davis: If we have 150 feet of right-of-way through there, and we reserve that right-of- way, we could address it at that time. Staff can live with what is being presented, as long as the Town does not vacate the 150 feet of right-of-way. Mayor Ham declared that Council is now out of Public Hearing. A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to approve Ordinance No. 95.09 and Resolution No. 95-21. E. Home Program - Request for Council Approval to advance funds of up to $7,000 in addition to $58~000 Home Grant for purchase ora house for the Home Program. Dan Groseclose~ 14200 W. Imogene Pi., Maranat AZ: Presented to Council a memo identifying the purchase of a piece of property adjacent to the Marana Food Bank. Several months ago, the Town entered into an Intergovernmental Agreement with Pima County for Home Funds. These are funds that come from HUD through Pima County to the Town to purchase a piece of property, rehabilitate it and resell it. This particular piece of property is a good piece of property to start with. It has three lots connected to it, that can actually be 6 subdivided into two lots and used for additional buildings of various types, the original lot would be sold. The asking price for this home right now is $75,000.00. The grant issued to the Town through the IGA represents $68,000.00. Pima County has asked that Mr. Groseclose appear before Council and ask for an advance of $7,000.00 to be able to purchase the house, rehabilitate it and then sell it. Once the house is resold, the $7,000.00 will come back to the Town of Marana. Mayor Harn:_The house has already been appraised at $79,000.00. Dan Oroseclose: He requested an appraisal, it came back at $79,000.00 for the property. So we are in good shape with the appraisal. He has gotten permission from Pima County to utilize some of the affordable housing fund projects to accomplish the rehabilitation. People meeting the qualifications, which is low to moderate income, that can qualify for conventional financing. The one criteria item we have is that the selling price cannot be such that it makes the payments more than 30% of the gross income of the purchaser. The house would sell for approximately $50,000.00 - $55,000.00. Sharon Price: How large are the other two lots. Dan Groseclose: Did not have that information available, lot 57 is the lot with the house. Dan Groseclose: Pima County has indicated their desire to possibly get additional funding for the other two lots, to build homes or maybe some apartments, That is in the discussion stages right now. Herb Kal: In the memo to Council, there was mention that the Town owns a lot in Honea Heights, Wouldn't it make more sense to use part of the Housing Funds to get something constructed there. Dan Groseclose: The Town paid $8,900.00 for that lot through CDBG Affordable Housing Funds. We have $20,000.00 remaining in that fund. He has talked to Council in the past about possibly working out a construction deal with Marana High School, the Town would buy the materials and they would build a house. With $20,000.00, it is not sufficient to complete the project. It will take approximately $5,000.00 to put in the utilities. He talked with Pima County and they said he could utilize the Affordable Housing Funds for the rehabilitation of the house, but not for the purchase of the home. Mr. Cohen recommended that with the $20,000.00 the Town could take up to $5,000.00 out of it. He then suggested that Council could be approached to request a change in the CDBG Program, to convert the balance of that Fund to something else. When the first house is sold, that money comes back into the Program, less the $7,000.00 to the Town. Both Mayor Ham and Mr. Groseclose have been given assurances by Pima County that they would find the additional funding if needed to complete the construction on the other two lots. Herb Kal: Regarding the project in Honea Heights, he would like to see that project completed. Dan Groseclose: The problem he has experienced with that lot is that it would take approximately $5,000.00 to put in the utilities, that leaves $15,000.00 for the project. The only thing that could be done with that money would be to put a mobile home on that lot. He's not sure that that is the right thing to do anyway. Mayor Harn: Clarified that the $68,000.00 can not be used to build a house, it can only be used to buy a house that is already standing. Dan Groseclose: But once that house is sold, those funds can be used for construction of new homes. 7 A motion was made by Betty Horrigan, seconded by Sharon Price and carried with Herb Kai and Ed Honea voting no to utilize the Contingency Fund to advance up to $7,000.00 for the purchase of a home at 11680 W. Grief Rd. and that the Town will be reimbursed for this after the property is sold. F. Request by Adonis Home Owners - The Adonis Homes Owner's Association is requesting that the Town of Marana accept the roads in Adonis for maintenance and patroliing by the Police Department. William "Buck" Cox~ 10811 w. Grier Rd., Marana~ AZ: Wanted to make a verbal presentation to the Council in regard to the roads, alleys and police protection in the community of Adonis. Adonis is rapidly filling up the lots and spaces that were available. There were 153 lots originally, approximately 80% of those lots are occupied. With it filling up, there is a lot of traffic and the Home Owner's Association has been actively pursuing those people who have not contributed their fair share to the Association Fund. The Fund was established to maintain the roads, sewers and the light fmtures, etc.. The people who are behind have been contacted by legal council to make the funds available to the Association immediately. Has begun as recently as last weekend to personally, by Community Gang, apply asphalt to the potholes. The Association spent a small sum last year to have a professional company come out and fix the potholes, it looked good but it did not hold up. His main concern is that the Association can not keep up with that particular situation, they need help. At the annual meeting of the Home Owner's Association, members unanimously asked Mr. Cox to pursue the possibility of dedicating those streets and alleys to the Town of Marana. This would also afford the community the luxury of consistent police patrol. Hopes that this request will be seriously considered by the Town of Marana. Mayor Harn: Stated that some of the home owners in that area are at the meeting tonight, they are not asking for a decision tonight. William Cox: What things can the Community do to be worthy of the assistance of the Town of Marana. What can they do to help facilitate this taking place. Herb Kai: Maybe Bob Kern could give an assessment of the project. Viola Golden~ 10761 W. Grier Rd., Marana~ AZ: Ms. Golden was on the Adonis Association when she first got here, trying to help out. We had no protection as far as water for fighting fires. The water pipes in the area are substandard, we cannot get the pressure needed to have a fire hydrant. She worked three years with Cortaro Water to see if there was a way to solve this problem. This problem was solved by replacing some pipe and with the consent of the neighbors to agree not to use water when there is a fire being fought. The Adonis area now has signs. The speed limit was changed to 35 mph. The Association has been working very hard. There is a lease on the pond, they can basically take care of the fees on the pond themselves. Also has been working with Joe Lizardi, Town Engineer, trying to get the entrance, from the frontage road to the railroad tracks paved. Hurvie Davis: He has been involved with this issue as long as he has been with the Town. Met with the Neighborhood Association relative to this issue and many others. Recently talked with a representative of the Association regarding the roadways. Found out last year that Adonis is a public roadway dedicated to the Town. Bob Kern believes there is some other public right of way coming that would tie into the existing roadway by Amole Circle, the Town will be researching that fully. The right-of-ways would be sufficient for public streets. His opinion is that there is adequate right-of-way to take over as public right-of-way. Another problem is the drainage, would have to look at also doing something with the drainage. Ed Honea: New subdivisions must have everything up to standards, but in fairness to the people in Adonis, we did not think those streets were wide enough for liabilities purposes for 8 the Town to accept them. There were roads in Honea Heights and Berry Acres, that were private non-dedicated streets that the Town did accept after the fact, because they were old existing neighborhoods. If the streets are wide enough it eliminates one of the biggest problems. Mayor Harn: Drove over into Adonis area and the streets are in as good or maybe better than some of the streets that already belong to the Town. William Coxt 10811 W. Grter Rd. Marana~ AZ: Surprised that twenty-six people came out with picks and shovels putting down cold process on the roads, will keep working at it. Hurvie Davis: The Town has out for bid right now a street maintenance program for chip sealing and overlay, ranging between $500,000 - $600,000, which is the largest the Town has ever undertaken on a maintenance program. G. Needed Additional Parking at the Marana Park - The Marana Park is experiencing problems in providing enough safe parking during Little League and other large events. Ed Honea: Asked that this project be postponed since this was Councilmember Clark's project. Mayor Harn stated yes it could be postponed, but she would like to update Hurvie Davis on what is being done. The Town is putting together temporary interim sites. The leech fields in the Park collapsed, so they will need to be replaced. We are going to take the area where the leech fields used to be and fence it off. They will take gravel and move it on that area, making temporary space for cars to park there. Hurvie Davis: Commented that the Park is there for the people. The Town needs to provide adequate parking. Need to also look at bringing parking into the center of the Park, by the ramada facilities, making it more convenient to the public. H. Mayor's Report Postponed report until the next meeting, with Council's permission. I. Town Manager's Report Hurvie Davis stated to Council that this is his first day back. He wanted to expand on the roadway maintenance program. We are to bid right now to the contractors, the bids will be opened April 20th. Notice to proceed will be issued on April 22nd and the project will be substantially complete by June 3rd. There are many many streets, so it will take a while to get it done. One other thing he would like to mention, Friday the PAG Regional Council meets at 8:15 which the Mayor will chair. At 9:00 the PAG Regional Council meets with the State Transportation Board for the annual meeting and public hearing on the five year State Transportation Program. Would like to get together with the Mayor to prepare for the meeting. Also with the adoption of the new Policies and Procedures in his absence, he has a problem with the schedule for the adoption of this year's budget. It's going to be difficult for Staff to meet the deadlines that have been set forth. Would like to request that this be a future agenda item, and bring it back to the Council for direction. Informed Council that it is great to be back after 2 1/2 weeks. Mayor Harn thanked Mr. Davis, Mr. Hochuli and Mrs. Groseclose for their help in drafting the May 2nd Agenda. XI. FUTURE AGENDA ITEMS None 9 IX. ADJOURNMENT A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to adjourn. 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 April 18, 1995. I further certify that a quorum was present. 10