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HomeMy WebLinkAbout12/06/1994 Regular Council Meeting Minutes· i · ' MiNIITES OF REGULAR COUNCIL MEETING " ' MARANA TOWN COUNCIL DECEMBER 6, 1994 MARANA TOWN OF MARANA PLACE AND DATE: Marana Town Hall, December 6, 1994. I. CALL TO ORDER By Mayor Ora M. Harn. Time: 7:04 P.M. II. PLEDGE OF ALLEGIANCE Led by Mayor Ora Harn. III. INVOCATION/MOMENT OF SILENCE Led by Mayor Ora Ham. IV. ROLL CALL COUNCIL Ora M. Harn Sharon Price Tom Clark Ed Honea Betty Horrigan Herb Kai Helen Key STAFF: Hurvie Davis Sandra L. Groseclose Dan Hochuli Gerald Flannery Joe Lizardi Marcia King Michelle Haller 13 Members of the Public Mayor Vice-Mayor (excused~ Council Member Council Member Oouncil Member Council Member Council Member Town Manager Town Clerk Town Attorney Planning Administrator Town Engineer Assistant to the Manager Receptionist/Clerk 1 V. APPROVP~ OF AGENDA A motion was made by Herb I~i, seconded by Betty Hor~igan and carried unanimously to approve the agenda as read. VI. APPROVAL OF MINUTES A. Special Council Meeting of October 27, 1994 B. Regular Council Meeting of November 1~ 1994 C. Regular Council Meeting of November 15, 1994 A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to approve the minutes of Special Council Meeting of October 27, 1994, Regular Council Meeting of November 1, 1994, and Regular Council Meeting of November 15, 1994. VII. PETITIONS AND COMMENTS 1. Bill Schlsler, 12561 N. White Ave., Marana: Addressed the Council regarding the existing Sign Ordinance. Commented also on the noise coming from the junk yard located in Hones Heights. 2. Bob Dixon, 7581 N. Sonoma Wy., Marana: Upset over seizure of signs in Continental Ranch by Marana Police Department. Wants clarification on sign ordinance and signs returned. 3. J.D. Henley, 12321 Swanson, Marana: Spoke about junk automobiles on private property. Believes private citizens should be allow to have non-registered automobiles on their property. VIII. ANNOUNCEMENTS A. Town Clerk Sandra L. Groseclose introduced new employee, Michelle Haller. Michelle will be worl~mg at the Town Hall Annex when it opens. Marcia King gave a brief update on the status of the new Town Hall Annex. Ao GENERAL ORDER OF BUSINESS Consent Agenda. 1. Ordinance No. 94.17 - Regnlating the use of bicycle helmets for minors in the town limits of Marana. 2. Appointment of Judge Pro-Tern for Marana Municipal Court - To serve as replacement for the Town Magistrate due to Absences, Conflict, Request for Change of Judge and other reasons. 3. Arizona Department of Liquor License/k Control Application for Extension of Premises - Pizza Hut of Arizona - 4131 W. Ina Road is extending their patio dining area, which by law, requires that they apply for an Extension of Premises/Patio Permit. 4. Increase in Marana Gang Task Force Participation - Governor Symington has increased support of the Gang Task Force, Marana has been asked to participate in adding another officer from Marana and all costs and expenses will be reimbursed by the state. A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to approve Consent Agenda Items 1, 2, 3, and 4. Resolution No, 94-39 - Entering into an Intergovernmental Agreement with the Arizona Department of Corrections (DOC) providing that certain individuals in DOC custody and housed at the MTC Treatment Facility will be employed by the Town of Marana in a part-time and supervised capacity. Hurvie Davis introduced this item stating that the Town is currently working on an Intergovernmental Agreement with the Arizona Department of Corrections. Possibly up to six positions could be filled by MTC inmates. Stated the hours which these people can work, the town must pick them up and drop them off at the end of their shift. All inmates used are nonviolent. The Town of Marana is to pay .75 cents per hour. Hurvie Davis handed over matter to Mike May of the Arizona Department of Corrections. Mike May, 363 N. 1st Ave., Phoenix, AZ Mike May addressed the Council stating that the Arizona Department of Corrections currently has a number of IGAs with several governmental Agencies. The Town would pay .75 cents per hour, .50 would go towards drug rehabilitation programs and the other .25 would go to the inmate. Helen Key, Council Member: Wanted clarification on who is responsible for supervision of the inmates on site. Mike Key stated Department of Corrections maintains supervision of all inmates. When on site basically the public entity is responsible for supervision. Herb Kai, Council Member: Who is liable for injuries that may occur. Mike May: If inmate injured on the job, DOC is responsible for medical needs. Town must be covered by Worker's Compensation, although the inmates are not eligible for Worker's Compensation. MTC would take care of immediate medical needs. Tom Clark, Council Member: If inmate is immobile, who arranges for transportation and security. 3 Mike May: Anybody can call for transportation and then notify MTC, they will then assume responsibility for the inmate. Hurvte Davis: His position is to put inmates in with our own crew. If inmates would appear missing, we would notify MTC and they would put a plan into affect to locate the inmate. Male and female inmates cannot be mixed. There are a lot of regulations and procedures, and Town employees would receive training needed to work with the inmates. These people do not pose a risk to the public. Mike May: Stated the DUI population tends to be highly skilled, and would be a benefit to the Town. Mayor Ora Harn asked if the Town has the right to decide whether an inmate is working out. Can they be rejected. Mike May stated that the Town has control over an inmate being rejected or not. Hurvie Davis stated he will continue to meet with the Arizona Department of Corrections on this issue and will bring it back at the next Council meeting. Resolution No. 94-36 - Adopting Policy Guidelines and Application Procedures for the establishment of Community Facility Districts within the Marana town limits and setting application fees and provision for reimbursement of town costs and expenses. Hurvie Davis began by addressing the Council by stating that several developers would like to establish Community Facilities Districts (CFDs). Westinghouse has a pre- annexation development agreement, stating we would establish a CFD. The committee looking into CFDs has been sized down. Hurvie Davis referred subject over to Dan Hochuli, Town Attorney. Dan Hochuli, Town Attorney: Everyone is working real hard to formulate a new format for policy guidelines for CFDs. Packet contains red line version, reflecting changes from the last version. Contains suggested guidelines and procedures for CFDs. Discussed the 3:1 ratio on bonds, and the possibilities of other types of collateral. Town is not responsible for payment of bonds, yet there is a risk to the Town, as far as exposure. In current procedures, CFDs would go to Town staff before they would be presented to the Town Council. Ed Honea, Council Member: Questions on the 3:1 ratio. California requires a 3:1 ratio on CFDs because of past problems. Must be very careful on establishing guidelines, especially regarding the ratio. Involves residents/future residents of the Town of Marana. The wording should be more clear as to the assurances of the CFDs. Doesn't believe private boards should be allowed. The Town Council should have control. Tom Clark, Council Member: Commented on the turn over of the Town Council every few years. Ed Honea, Council Member: Feels elected officials should be the ones responsible to the people. Appointed board aren't elected and may not have the same concerns and knowledge of the projects as the Town Council. Mayor Ora Harn: Stated that the Town Council is already tied up with several different t~dpes of meeting. Feels Town should not eliminate appointed boards entirely. Should not be compulsory for Town Council to head the boards for CFD decisions. Regarding guidelines, feels we should not bind them so tight that alternate decisions cannot be made. Town Council should have the option to decide what is required with each individual CFD. Ed Honea~ Council Member: Council needs to be on top of CFDs. CFDs can go on forever. Independent boards, who are they responsible to. Is not supportive for someone else to work with these amounts of money. Dan Hoehuli, Town Attorney: States to the Town Council, that they would have the final say as to who would make up an appointed committee if it wasn't the Town Council. Hundreds of hours have been put into this project. Address a few issues: We don't want to write guidelines for one specific project, guidelines are general statement for all the projects. These are guidelines, not part of the development code or an ordinance, just a framework to begin with. Look at guidelines in broad terms not a particular project. Not aware of California 3:1 ratio as stated to him by Ed Honea, Council Member, prior to the beginning of the Council meeting. Made reference to Performance Bonds, where as the developer does not finish the project, a performance bond will assure that the project will be completed. Regarding the Council acting as a board, Southwest Risk does not insure Council as a board, only as a Council. The Council would need separate insurance as a board. Should the Town of Marana's name be on each bond? Does not feel it should be, it implies responsibility by lending our name to the bonds. The Council can be the board, but doesn't necessarily have to be. Ed Honea, Council Member asked Dan Hochuli if the council would be responsible for the board, since the board was appointed by the Town Council. Could the Council be sued. Dan Hoehuli states that if the activity of appointing a board is undertook as a council, it is covered by Southwest Risk. The board would need their own insurance as an appointed board. Hurvie Davis makes reference to the assurances needed to issue bonds. Value of a project before, during and after development changes. Helen Key, Council Member: Asks for clarification on the Town staff having say over whether a CFD comes up before the Town Council. Dan Hoehull states that it is correct. It will go up before the Town staff, before it is presented to the Town Council. These are again only guidelines. Most CFDs do not meet all the guidelines. The Town staff can decide whether to go in front of the Council with a CFD. But again, the Mayor can put it on the agenda. Town Council Members are sure to know about well before it would go up before the Council. Helen Key felt flexibility is required. The proposed is merely a tool to determine if certain criteria has been met. Doesn't want to freeze into a specific mold, could be bad for Town. Ed Honea wants to establish basic guidelines/rnles to protect the Citizens of Marana. Nothing more to say. No action was taken. D. Abandoned Buildings - Discussion regarding safety concerns of buildings believed to be abandoned by owner. Hurvle Davis stated that Kelly Schwab researched this matter and asked Town Attorney Dan Hochuli to address this item. Dan Hochuli asked for more direction from the council. Regarding condemned buildings or buildings that should be condemned. Town has limited authority. Requests more specifics. Helen Key stated the two buildings she has concern with, both being on Grier Road. The first building is mostly destroyed and could be hazardous to children. The second building appears to also be potentially dangerous. Do we have the authority to take, or to notify the owners. Dan Hoehuli informed Council he's not sure. But based on the information received tonight, the specific concerns can be addressed. 6 Mayor Harn would like to know regarding liability of these old buildings. Dan Hochuli stated that Producers Cotton was sent a letter regarding their specific buildings. Mr. Hochuli drove around buildings and states that if they are not condemned, it should be an easy activity to do so. Received a call back from Producers Cotton and will be talking with them on this issue. Hurvie Davis informed Council that Anderson Clayton has taken over Producers Cotton. Anderson Clayton contacted Mr. Davis regarding the letter from Mr. I-Iochuli. They stated they are concerned, but haven't gotten around to it because of peak season, They will be retaining a temporary staff to maintain their property. Based on past experiences of Mr. Davis, building officials have certain authority based on the fact that it could fall down and cause harm. If building not in disrepair, maybe just abandoned, it could be fenced, to keep people out and deter vandalism. Get back with Council on courses of action that can be taken. Dan Hochuli asked Mayor Harn ff this is an item that should be looked into further, regarding the two buildings mentioned by Helen Key. Mayor Harn and Council Member Key state that yes they would like to have this looked into further. Time: 8:45 P.M. Back in Session Time: 9:00 P.M. E. PUBLIC HEARING A.ND COUNCIL ACTION - Resolution 94-38 and Ordinance No. 94,19 - Amending Development Code to add Section 07.08 titled "Development Agreements", which sets forth a policy and procedure for the adoption of Development Agreements, and adding Section 07.09 titled "Reimbursements for Public Improvements", which sets forth a policy and procedure for reimbursement to a developer for public infrastructure improvements. Resolution No. 94-38 adopts the documents as public records, and Ordinance No. 94.19 adopts the public records as law. A motion was made by Ed Hones, seconded by Betty Horrigan and carried unanimously to go into Public Hearing. Time: 9:15 P.M. Ed l-Ionea stated that there could be "double dipping~ with the Fair Share program. The developer may be getting reimbursed twice, once by the resident and again by the next developer who uses the infrastructure improvements made. 7 Dan Hoehnll clarified that the moneys collected does not go to the developer, but to the district to pay off the bonds. Stated that when the CFD is no longer existent, the new developer receives a "free ride"'. But ff the CFD is still intact, Fair Share is paid. Since most CFDs go on, the moneys would go to help pay off the bonds. A motion was made by Betty Horrigan, and seconded by Helen Key and carried unanimously to come out of public hearing on Resolution 94-38 and Ordinance No. 94.19. Time: 9:10 P,M, PUBLIC HEJ[RING AND COUNCIL ACTION- Resolution No. 94-37 & Ordinance No. 94.18 - Amending Development Code to Section 05.10 titled "Recreation Vehicle', which creates a zoning classification for recreation vehicles called Zone ~RV", and to add Section 05.10.11 titled "Manufactured Housing', which creates a zoning classification for manufactured housing call Zone "MH". Resolution No. 94-37 adopts the documents as pubhc records, and Ordinance 94.18 adopts the public records as law. Ordinance No. 94.20 repealing of Title 17 Manufactured Homes, Mobile Homes and Recreational Vehicle Regulations and rename Title 17 "Landscaping Requirements' (reserved) A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to go into public hearing on Resolution No. 94-37, Ordinance 94.18 and Ordinance 94.20. Time 9:15 P.M. Jerry Flannery, Planning Administrator clarified to the Council the Conditional Use Permit, how it works and who needs to be notified. J, D. Henley, 12321 Swanson, Marana: Mr. Henley stated to the Council that he disagrees with the Conditional Use Permit. Bill Sehisler, 12561 N. White Ave., Marana: Talked to the Council regarding "wildcat" mobile home parks. Jerry Flannery: If a person applies for a conditional use permit and it is denied, they can appeal to the Town Council. Ed Honea, Council Member: This should be controlled by zoning. Bill Schisler, 12561 N. White Ave., Marana: Mr. Schisler takes issue to Council Member Ed Hones on this subject, because of his interest in owning a mobile home park. A motion was made by Ed Honea, seconded by Betty Ho~rigan and carried unanimously to come out of public hearing on Resolution No. 94-37, Ordinance No. 94.18 and Ordinance 94.20. Time: 9:45 P.M. 8 A motion was made by Ed Honea, seconded by Tom Clark and carried unanimously to adopt Resolution No. 94-37, amend Ordinance 94.18, and adopt Ordinance No. 94.20. Gr. Mayor's Report Mayor Harn gave a verbal report. H. Town Manager's Report Hurvie Davis gave a verbal report. X. FUTURE AGrENDA~EMS XI. ADJO~ENT A motion was made by Tom Clark, seconded by Ed Honea and carried unanimously to adjourn. Time: 10:02 P.M, AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL, CLERKS OFFICE CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Council Meeting of the Marana Town Council held on December 6, 1994. I further certify that a quorum was present. 9