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HomeMy WebLinkAbout03/21/1995 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall, March 21, 1995. I. CALL TO ORDER By Mayor Ora Harn. Time: 7:06 PM II. PLEDGE OF ALLEGIANCE Led by Mayor Ora Harn. III. INVOCATION/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 Mayor Vice-Mayor Council Member Council Member Council Member Council Member Council Member STAFF: Hurvie Davis Dan Hochuli Joe Lizardi Sandra Groseclose Marcia King Jerry Flannery Town Manager Town Attorney Town Engineer Town Clerk Assistant to Town Manager Planning & Zoning Administrator 17 Members of the Public. V. APPROVAL OF AGENDA A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to approve the agenda as written. VI. ACCEPTANCE OF MINUTES A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to approve the minutes of Regular Council Meeting of March 7, 1995, with the exception that the spelling of name of speaker David Morales be corrected. VII. PETITIONS AND COMMENTS Clarence Gourley Jr. 12275 W. Moore Rd. Marana~ AZ: Came tonight to talk about the Trinity Full Gospel Church. Regarding erecting a tent and the paperwork involved. Also the fees that were involved in erecting the tents, felt the fees were to high. Asked the Town to waive the cost of $60.00 to erect a tent for future revivals. VIII. ANNOUNCEMENTS Leilani Schisler~ 12561 N. White Ave. Marana, AZ: Thanked the Community for helping Jesse McCrea make it to Washington D.C. Mayor Harn: Called the President of the local V.F.W. forward to present him with a proclamation from the Town, regarding Buddy Poppy Day. Urged the citizens of the Community to purchase a Buddy Poppy and wear it proudly. IX. STAFF REPORTS On file at the Marana Town Hall. No comments by Council. X. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 95-15 for acceptance of a Special Warranty Deed for the Right-of- way for Price Club Place. 2. Canvass of Vote - Resolution No. 95-16 declaring and adopting the res~dl-s of the Primary. Election held on March 14~ 1995. A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to approve the Consent Agenda as written. B. Public Hearing - 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 and South of Overton Road. Orflin~nee No. 95.05 Hurvie Davis: Has a memo from Jerry Flannery, requesting that this item be continued until April 18th. To give the developer time to work with a budding property owner to the parcel in question. Mayor Ham: Continued item until April 18th Council meeting. C. Public Hearing - Amendment of the Town's Development Code~ Flood?l~t- and Erosion Management Code~ Section 2104(A]t Definitionst Redeflnin~ the Town Engineer as the Floodplain Administrator of the Town of Marana. Or'in-nee No. 95.06 A motion was made by Tom Clark, seconded by Ed Honea and carded unanimously to go into Public Hearing. Hurvie Davis: Requesting this evening is an amendment to the Town's Development Code. The Town Development Code has always identified the Floodplain Administrator for the Planning Administrator to be the Floodplain Administrator. Feels these duties are more of an engineering science rather than planning. Recommending to Council that the Town Engineer be designated as the Floodplain Administrator. A motion was made by Tom Clark, seconded by Betty Horrigan and carried unanimously to come out of Public Hearing. A motion was made by Tom Clark, seconded by Sharon Price and carried unanimously to approve Ordinance No. 95.06. D. FPR-95-02 Parcel Final Platt Resolution No. 95-13 - Consideration and approval of a Final Plat review for Parcel 51 located in the Continental Ranch Specific Plan. Hurvie Davis: This item was continued from the last Council meeting. There was a meeting held with Staff and the developer. As a result of the meeting there is information to report this evening. Jerry Fiannery: Recapped what took place at the meeting. In the discussion at last Council meeting some points were brought up. Town Staff has investigated those issues in depth. Met 2 with the developer, Town Engineer and the project engineer, WLB Group. Some of the points that were brought up were options on how to handle the through traffic or how not to handle it. After it was all discussed, felt that the circulation in the area would be better served if Crestwind Road went through and continued through. Then discussed the issue of the widenir~g of the pavement and wider pavement requirements that the Specific Plan eludes to. The Specific Plan has certain flexibility's within it. The continuity of the Specific Plan and the development on the West side of SilverbelI Road is better served by a consistency. Sighted several issues that Mr. Flannery found within the Continental Ranch Specific Plan that he thought were fairly applicable to the discussion. Read those off. Safety was a major issue that citizens in 52C brought up. Safety because of the road going through might cause traffic to increase. If safety is the major concern with the project, either widening Crestwind Road to 32 feet in Parcel 51, or widening it all the way to Cortaro Road, will create higher speeds through the area. Another problem is if there is a 32 foot wide road continuing all the way to Cortaro, that potentially causes speed to continue at a higher rate all the way through the project. All throughout the Continental Ranch Specific Plan consistency is the main rule. The goals and objechves for the plan state, a set of development plan goals can be established to provide a circulation system that services as a threat of continuity through the neighborhoods. The development regulations contained within the plan also talk about the flexibility that is in the plan itself. It's anticipated allowance of the flexibility to provide for future compatibility and to achieve compatibility between land uses. A road with different speed limits does not lend compatibility to that issue. This project also is one of several subdivisions in that area that have residential densities higher than one rack. They also have 24 foot wide roads. The general provisions state, within the Specific Plan, that the roadway development guidelines that were written in the plan comply with other potential Town codes. The Roadway Development Guidelines that were written by dHK and Associates for the Town in i990, and approved by Council, stated that a cross section for a local roadway, which is what this is, the right-of-way width is 45 feet, five feet less than what we have in this instance. And 24 feet of paving. These specifications were accepted by the Town and they are used around the Town, outside of specific plans in general. Under General Subdivision Standards, the design of subdivision streets and drainage facilities shall generally conform to the Maricopa Association of Government Standards and provide for the 32 foot paving quote. The original author of the plan was from the Phoenix area. MAG is usually a standard used across the State. Not to many differences between MAG and PAG, not sure of the specifics. The Staff believes that we recommended a good, sound recommendation, because of the roadway widths and the continuity of the development within the project. Sandee Brisbane, 6869 W. Hermitage Pl.: Commented that she is here in behalf of the people that live in 52C, which is where Crestwind is now a dead-end. As far as continuity of neighborhoods, Parcel 51 is an entirely different type of neighborhood, it is not going to be an estates neighborhood like 52C. They don't have the large lots or the rural perspective. Impression from last meeting was that it was suggested to Staff that they meet with the developers, engineers and the people in the Community. Stated the Staff did not contact one homeowner. Jim DeGrood, WLB Group, 4444 E. Broadway Blvd. Tucson, AZ: Here this evening representing the developer of this project, Richmond American Homes. Would like to state there they have had a opportunity to review the Staff's report. Are in general agreement with the report. Also are willing to accept or agree with the conditions that have been recommended by Staff. Respectfully request that the Mayor and Town Council approve the project as presented. Would like to further on a point. The roadway standards within the region. The 24 foot wide pavement section that's proposed on this project is entirely consistent with roadway sections that are allowed in the City of Tucson, Pima County and in the Town of Oro Valley. We are not doing something that is significantly less in width than anything being seen in other similar projects. 3 Tom Cl~rk: Have had several people from that area speak at the last meeting. Wonders if Mr. DeGrood spoke with any people from that neighborhood, since the last Council meeting. What is their feelings. Jim DeCtrood: Personally has not. Knows that the developer of the project has contacted at least a couple folks in the neighborhood. Tom Clark: Spoke to Mr. Flannery earlier today on this issue. He made it clear to him that after the meeting on the 7th that he did speak to some of the homeowners in that area. And they addressed their concerns to him. It's not true that they have not been contacted. Wants to make that clear that Mr. Flannery did speak with some of the homeowners after the last Council meeting. A motion was made by Betty Horrigan, seconded by Ed Honea. Ed Honea: It appears that the main hang up is the Crestwind roadway, not the housing heights or the cutout on Silverbell Road. Few talked about trying to amend that a leave those sub-roads in there, as they were. And have the other development put a cul-de-sac there at the wash, and have the only ingress egress on Silverbell Road. If you stop and think about it, the safety factor alone probably of limiting that neighborhood to a single entrance could cause problems. Many people in 52C said that Mr. Cardinal assured them that the road would not go through and that all the houses in the adjoining subdivisions would be single story. It's not true, it was in the Specific Plan that there would be multiple story and that the road would go through. There is no cul-de-sac on Crestwind in 52C. Which is a direct indication that it is going to be a through street. Had that street not been meant to go through, there would have been a cul-de-sac at the end of Crestwind in 52C itself. After studying it a lot doesn't feel that road can be capped off. Herb Kal: Has a question concerning one entrance per subdivision. How many homes will that one entrance serve, versus how many homes on 52C/51. Jerry Flannery: The specific number of lots is not specified in the Plan. There is a statement in the Plan that says to maintain and enhance the scenic corridor along Silverbell Road, there will be no access for the commercial parcel number 20. Any parcel without access to any other roadway, and in parenthesis it says Twin Peaks Road, Coachline Boulevard, Cortaro Road or Wade Road will be allowed a maximum of one access point. There are pamels across the street that have no other access or means of access to Sflverbell Road except Silverbell Road itself. Herb Kal: How many homes would be in these particular parcels that only have one access. Jerry Flannery: 145 he thinks is the maximum. The one thing is that this issue has come up in Planning meetings several times. The Commission and what the main project developer engineer has done has made extra wide access points with median breaks. So you basically have one major access point, but it's separated. Herb Kai: Has a concern, if Crestwind does go through, it is going to put some excess traffic on Cortaro Farms Road. That would otherwise be sent to Old Silverbell Road. In his opinion if they can put a cul-de-sac there and restrict 51 to one entrance. Sharon Price: On 51, is there going to be sidewalks. Jim DeGrood: A streetscape which will be consistent with what is in 52C presently. There will be a shoulder along the edge of the roadway. There will be no sidewalks. Weley Murphy, 7701 N. Bellwether, Continental Ranch: Lives in 52C, agrees with Sandee Brisbane about nobody contacting the residents, nobody did come around. Wish that 4 Council would consider closing off Crestwind. Mayor Harn: Were you actually told when you bought the property that that road would not go through. Weley Murphlt: He was not. Feels people have been told different things. He assumed somebody would put it through. Mayor ltarn: Went and took a look at the area. When she came to the end of the road, she assumed that eventually it looked like it was going to go somewhere. Weley Murphy: He also assumed that. And also assumed that it would have estate size lot and all be one story, was wrong on those assumptions. To preserve the neighborhood and be consistent to do it this way. Mayor Harn: Does the school bus come up in your area. Weley Murphy: It turns around at the first intersection of Crestwind, Crestwind-Sonoma. There is one that turns around there and picks up kids. It also picks some up on Crestwind and Cortaro. Sharon Price: Are the majority of the neighbors objecting to this. Weley Murphy: Stated the majority do not want the road to go through. People on his street were 100% against not putting Crestwind through. John Iacovino~ 7640 N. Bellwether, Continental Ranch: Commented that nobody has contacted him on his opinion on this road going through. Have somebody check the police records for accidents at Sonoma and Crestwind. There are 36 people living in that subdivision. Spoke with Mr. Flannery at the last meeting. Ed Honea: Have spent a lot of time on Parcel 51C. Council could approve 51C and not put the bridge across Crestwind, but leave the option open that if it is needed, it could be opened. The Specific Plan has a roadway going through there. We cannot take that right away from the developer. We can ask them not to, but we do not have the right to take it away from them. Jim DeGa'ood: We would be willing to put in a knuckle. Ed Honea: Does Richmond American intend on doing the developing themselves. Jim De(}rood: Cannot speak to that. Make the approval conditional upon requiring modifications to Staff. A motion was made by Ed Honea, seconded by Helen Key to amend the original motion. Stating at this time Crestwind would not be made a through street. The developer would get together with Staff in order to make minor adjustments within the 5IC neighborhood, in order to change a little bit of the roadways. Suggested approving Resolution without the Crest~nd cross over. Jerry Flannery: If we went with this as a cul-de-sac, the reasoning for the recommendation might change. Therefore if this did not have access, Staff might be left with the recommendation that that road width be 32 feet. The access to the adjacent parcel is no longer there. Ed Honea withdrew his motion and seconded by Helen Key to amend Resolution No. 95-13. 5 Jerry Flannery: If you isolate this parcel, it becomes it's own character, and the continuity is no longer an issue. There is no continuity then. Sandee Brisbane: Parcel 7 and 8 have the double where you come in, but that is only for the first block. The rest of the development is narrow streets, 24 feet. Hurvie Davis: You have the larger entrance like that to provide additional lane capacity. Jim DeC-'rood: Had an alternative to possibly pursue. There is a sanitary sewer easement going through to Silverbell off of Andrews. We could maintain that and grade it as a emergency access. Jerry Flannery: Is the intent then to leave the roads at their current width, with estate lots and 24 foot paving. Jim DeGrood: That is their desire. Jerry Flannery: AS far as the emergency access, would think the access is certainly acceptable. Hurvie Davis: Talking about 24 foot roadway, with access to Silverbell, you have the same thing on Cortaro with Crestwind coming out on Cortaro, there is a 24 foot roadway coming out there. That seems to be working fine. 24 foot roadway coming out of the subdivision access an arterial street already exists in 52C. It could serve this perhaps as well. Ed Honea: Addressed Mr. DeGrood. If you put the knuckle where the bridge was going to go, and you don't put a bridge through. Would you be willing to give up your right for the bridge. Jim DeGrood: is feeling is that if the bridge is not installed at this time, the benefits to the future are probably marginal. So yes would be willing. Ed Honea: Put a knuckle there where Crestwind comes off. And you will put in the emergency access, which will be chained off or something. The only concern is that there is a 24 foot unsplit roadway coming out on to Silverbell Road, where the others are split. Is there any way you could modify your single entrance, to widen it enough to put the split roadway at least for a hundred feet coming on to Silverbell.. Jim DeGrood: If it was added to add additional capacity, personally does not see the need for the additional access point at that point. Because there is a fairly broad entrance. Would tell Council that today that there are very narrow roads throughout the County that are operating in fine fashion. Preference would be to not do that. Ed Honea: There are going to be thousands of cars on Silverbell as Continental Ranch continues to grow. Could the access point be modified. Jim DeGrood: If we were to widen at the throat of that entrance, to a 36 foot width, so there is a right and left turn lane and another lane, it could be done. Helen Key: If we get the knuckle do we have to widen the road to 32 feet. Jerry Flannery: That would be Staff's recommendation, however the Council can make changes and modifications. Council can certainly make the recommendation for 24 foot roads. Helen Key: Asked whether it would be an illegality to have a 24 foot road. Ed Honea: No, we have them already. Jerry Flannery: As far as legality of it, cannot answer that. 6 Dan Hochuli: The Specific Plan is a general guideline, recommend against this type of modification if it were a taking from the developer. In this case it is a compromise with the developer where the developer is giving the Town certain benefits and the Town is giving the developer benefits. What he has heard is three modifications to the Specific Plan. 441 The knuckle would be provided at the end of Crestwind. #2 The entry way would be ~videned to some number of feet. #3 The bridge or lack of bridge, would suggest that a right-of-way, the width of the roadway across the bridge or that area would be dedicated to the Town. That way the Town would own that land, if we ran into a safety problem and did need a bridge and to extend the bridge through, the Town could do that. Would also suggest that to also part a portion of this the dedication of the extension of Crestwind from the knuckle on across. SO that the Town could later improve that roadway if necessary. Jim DeC*rood: Thinks that is acceptable. Would prefer not to incur the expense of constructing the culvert at this time if the knuckle is going to be done. Would prefer not do to the chain arrangement that was discussed. Would be willing to provide the right-of-way such that the Town could extend it at some time in the future, if their choice.. A motion was made by Ed Honea, seconded by Helen Key and carried unanimously to approve Resolution No. 95-13, with the modifications that the developer will end Crestwind at the intersection of Crestwind and La Botas and install a knuckle there. That the developer will widen the intersection of Silverbell Road and Carefree Way to a width and design acceptable to the Planning Department. And that the developer will deed to the Town the extension of Crestwind Road beyond Las Botas. And that the developer will not be required to build the bridge. RECESS B. Resolution No. 95-17 - Review of the Development Agreement for a retail center located at the Northwest corner of Meredith Boulevard and Ina Road. This center includes a restaurant use. Part of such review includes the installation of a traffic light and improvements to the public right-of-way as such intersections. Hurvie Davis: This item has been before Council several times. Recall that there was talk about a restaurant would be in there. Currently working on putting a restaurant in there. Also talk of a traffic signal and geometric roadway improvements that might be required. The developer has agreed to fund 1/4th of the traffic signal. The traffic study completed shows that a traffic signal was warranted, even at the present time, before the development goes in. Jerry Flannery: Several issues were discussed in the rezone, as was mentioned by Mr. Davis. The improvements are in relation to the traffic threshold that was created by this development's impact. Therefore with that impact a light was warranted and the development agreement, as conditioned by the rezone, came into play. Certain requirements were agreed to by the developer and by the Town. This agreement was presented to the Planning Commission on February 22, 1995. The Commission recommended approval on it, since that time the traffic study has warranted that. That agreement is before Council tonight. There are requirements for 25% funding, and $40,000, and certain time frames that kick in with the warranting of that traffic light. Dan Hochuli: Would like to explain two things. #1 The development agreement before Council tonight is a different development agreement in one respect to the development agreement that was approved by the Planning Commission. The agreement that was presented to the Planning Commission talked about what would happen if the traffic study recommended installation of the traffic light. And what would happen if the study did not recommend a light at this time. Where the developer would put money into escrow so that if a light was ever needed that could be used. Reduced the document by stating that a light was needed as determined by the study. Would be glad to answer any questions on the document. There is one change he would like to suggest to Council, at the request of Mr. Karon of Transmark. On page 4, paragraph 1 1, it has 7 a drop dead date of May 31,1995. Stating if Transmark does not end up owning this property by May 31st, then this agreement will be null and void. They very well may own the property by that date but it is requested we extend that date in order to give it a little more time to complete the sale. Transmark has asked that the date be changed from May 31, 1995 to August 31, 1995. That means if the sale is completed and Transmark owns that property on or before August 31, 1995, then the agreement is in effect. If the deal does not go through for Transmark, then the deal is not in effect, we go back to the Ordinance we have, with the contingent zoning Council passed. Council would have to have a motion to approve the Resolution with the modification of the date in paragraph 11. Adam Karon, Transmark Co. 27630 Commerce Center Dr. Temecula, CA: Worked with Staff and the Town Attorney on this agreement. If there are any questions he would be glad to answer them. Tom Clark: When this came up several months ago, there was concern about the people that live on Meredith, regarding a restaurant with a drive thru and the traffic problems. With that traffic light would that help alleviated that problem. Jerry Flannery: The drive thru and the variance are two other applications that have been applied for by Transmark in conjunction with this development plan. The neighbor is concerned over the traffic and want a traffic light. This development is requesting only one restaurant. Staff talked to a lot of the neighbors in that area. When the modifications to the intersection were discussed with these people they were very happy. Conditional Use Permit and the variance both required notification and they were made to the neighborhood within the 300 foot radius from the property. Hurvie Davis: If the agreement is approved by Council, we have to, this coming fiscal year, budget for the traffic signal. Will be contacting the property owners to the South in the Safeway Shopping Center to see if they will provide a contribution for the traffic light. Ed Honea: Are we intending the budget for that signal anyway. The Town is going to be responsible for approximately $120,000 for a turn signal, is that correct. Hurvie Davis: If you have an intersection that warrants a traffic signal, if you do not construction a traffic signal there is a severe liability problem. The study has been done and the intersection warrants a traffic light. We should proceed to install a traffic signal. Ed Honea: Since the majority of the traffic coming out of Meredith is in the County, could we approach the County to share part of the expense. That large neighborhood behind the commercial center is all County residents. Was Staff intending on budgeting for that signal anyway. Hurvie Davis: Stated yes. If you are in a jurisdiction regardless of where traffic is generated from, you are obligated to them. The County is currently constructing a traffic signal at Ina and Camino de la Tierra. Ed Honea: We are going to have three lights within a 1/4 of a mile. A light at Thornydalc, Meredith and Camino de la Tierra, also. Hurvie Davis: Yes. Also his understanding that with the recent growth, to the West of Thornydale, there would be a traffic signal put in, at the Regency Plaza Roadway. Herb Kal: When the traffic lights are that close together, does it work. Hurvie Davis: Have been talking to the County about an interconnect system along Ina Road. Recalls reading in a report, that the Ina Thornydale intersection was widened out and 8 improved by the County in 1985, within two years it was already over it's design capacity. A motion was made by Ed Honea, seconded by Tom Clark and carried unanimously to approve Resolution No. 95-17, with one change, in paragraph 11, page 4, the date be changed to May 31, 1995 to August 31, 1995. F. Resolution No. ~)5-18 - Variance Setback Ina Road/Meredith - The Council will be acting as the Board of A~iustments on this item. Jerry Fiannery: Variances are typically granted when there are hardships proven. Statute 9.462 describes some of the criteria that the Statute talks about. When the original rezone came through last year, there was an original request for "village commercial" for the entire property. There was also a request for a variance, after discussion it was decided that ~VC" be located on the North half of the property. When the variance was approved it was strictly for that portion. There is already case history on this property that a variance was granted. This is a similar request, with this request also recommending that the variance be granted to the South half as it was to the North half. A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to approve Resolution No. 95-18. G. Cortaro Post Office - Marana Town Council is requesting the Postmaster General to designate the Post Office located in Continental Ranch Business Park, as the "Marana~ Arizona Post Office~ Cortaro Branch". Resolution No. 95-19. Hurvie Davis: A lot of people in Marana have Tucson addresses, they wonder why. They would like to have a Marana address. The Post Office at Cortaro was going to rebuild a new Cortaro Post Office. The Mayor asked Staff to investigate this issue. The new Post Office will be located in the Continental Ranch Business Park, it is in the Town of Marana, totally surrounded by the Town. At the Mayor's request this item is before Council this evening. Mayor Harn: Suggested to Mr. Flannery that if the United States Post Office continued to insist that this Post Office was Cortaro, that they go to the City of Cortaro and get their brow beat. Doesn't think the Town of Marana could legally issue a building permit for a Post Office in the Town of Cortaro. Helen Key: If we can get on the weather map, we ought to be on the United States Postal map. A motion was made by Helen Key, seconded Betty Horrigan and carl:led unanimously to approve Resolution No. 95-19. Herb Kal: Feels it is a good change to get the Marana name on and will coincide with the new area code. People have to go and get stationary changes and if it is done in time, it will all be coordinated. Mayor Ham: Would like to have this Resolution also sent to Congressional Representatives as well as the Postmaster General. H. Adoption of Procedural Guidelines for the conducting of Town Council Meetings and Subcommittee meetings. Rescinding Ordinance No. 90.33 and approving Ordinance No. 95.07 and Resolution No. 95-20. Mayor Ham: Stated she would like to see this item continued until the first meeting in April, so she would have more time. Does not feel she has spent enough time reading and isn't comfortable with it to approve it. Hurvie Davis: Had a committee appointed by the Council to address this issue. One thing he would like to say relative to this matter is, as it relates to the agendas. It is a difficult task to 9 put together the packet of materials for the Council. Are moving the whole schedule up in order to get it to the Council earlier and give Staff sufficient time to research the matters and write reports, etc. Noticed Marana was able to act on matters relatively quickly and move along. Would ask that when this is passed by the Council, that they will understand the constraints on Staff, it may even mean we have to skip a meeting. Because if we adopt this, our next agenda for the next Council meeting, the stuff should have basically already have been prepared. It moves the process much further. The time frame has now doubled for preparing the materials for the packets. Dan Hochuli: The committee worked diligently, there were so many changes. Public attended some of these meetings and made comments. There are sweeping changes and if Council has not had an opportunity to spend a lot of time with it, Council might want to continue this item. Went over some of the changes in the Final Draft 2. There are a lot of very significant changes from what is being done now. Tom Clark: Stated he would also like to postpone this item to have any questions answered. Feels the new Councilmembers should also have some input on this item. Dan Hochuli: Commented the he is recommending that this be adopted by Resolution and not an Ordinance. If it is adopted by Ordinance, it becomes Town law, which gives Town Council less leeway to not follow it. Also if it is an Ordinance, the Town must more strictly comply with it. Dick Kelly, 14399 N. Wentz Rd. Marana, AZ: Has a couple of suggestions for Council to consider. Page i, #2 - Notice of Meetings. Doesn't feel the twenty-four hour notice is enough time. Would like suggest 96 hours. Also Page 2, Section 3, #1 - Agenda Preparation, would suggest that only elected officials should be on a committee of this importance. The Mayor and Vice Mayor and a Councilmember would be the voting members of that committee. Feels the others should be present only for input, not to vote on issues. Also in the same paragraph, the Mayor should not have total discretion on what is on the agenda, the whole committee should. Finally, 5 of 7 seats are up for election, the final decision on this should be put off until the new Council is seated. Dan Hochull: The twenty four hour notice was discussed by the committee. The law requires 24 hour notice. If the agenda was posted Friday and there was a change, it could not be changed if there was a 96 hour notice. If the agenda is amended over the weekend it can be posted as an Amended Agenda. Could put in the guidelines that there will be an attempt to post on Friday, but if there are amendments, they will be posted by Monday. Felt the 24 hours was just to restricted. Department heads are on the committee because they know the legal stuff that needs to be on the agenda. Mayor having sole discretion over agenda, works with the proposed make up of the committee. If the make up of the committee is changed then it may have to be looked at. As far as holding off, it is easy to amend a Resolution, and Staff would like to see it passed. The document will change anyway from time to time. Recommends that Council would pass it in some form now and it could revised later. Mayor Harn: Stated that this item will be on the agenda for the first meeting in April. I. Update on Joint Meeting with the Pima County Board of Supervisors and Marana Town Council. J. Appointment of Albert J. Taylor to the Planning and Zoning Commission to replace Dave Brewer who has resigned. Mayor Harn: Brought a letter to the attention of the Council included in the packet from Albert Taylor, who is also at tonight's meeting. 10 A motion was made by Ed Honea, seconded by Helen Key and carried unanimously to accept the resignation of Dave Brewer and appoint Albert J. Taylor to fill the remainder of the term. K. Mayor's Report None L. Manager's Report Hume Davis: Gave a verbal report. Water systems problems over the weekend with a well being shut down. Contacted by representatives of ASCME, Arizona Federation of State and County Municipal Employees, relative to signing up members of the work force. Had an informative meeting with Trico Electric this week. Marana/Continental Ranch is in consideration for the Colorado Rockies stadium, negotiations are going on. Would provide a lot of economic development in the Community. Had a meeting with Tucson regarding water issues, working out an IGA. Updated Council on the status of his health, regarding his surgery. XI. FUTURE AGENDA ITEMS Ed Honea: Brought up the conditions of the roads in the area. All the weeds along the roadway. Would like to contact Desert Weed Control regarding spraying some of the roadways. Tom Clark stated that he talked with Joe Lizardi on this issue. And about contacting Desert Weed Control. Also brought up that he has had a lot of discussion with different people regarding the sandwich board signs on Ina Road. Mayor Harn: Asked whether Superior Court has been scheduled yet regarding the annexation of the Ina Thornydale area. Dan Hochuli: Stated that it is currently pending before the Superior Court. Which is deciding whether they will review the case or not. They could answer next week or next year. Ed Honea: Business licenses, asking people in North Marana to obtain a business less and people on the South end do not. Thinks it should be consistent, so people in the annexed area need to obtain a business license. Services are being provided and it's only fair that all business people in the Community abide by the same rules. XlI. ADJOURNMENT A motion was made by Tom Clark, seconded by Betty Horrigan and carried unanimously to adjourn. TIME: 9:40 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 March 21~ 1995. I further certify that a quorum was present. TOWN CLERK 11