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HomeMy WebLinkAbout10/17/1994 Regular Council Meeting MinutesMARANA TOVv'N COUNCI'L OCTOBER 17, 1994 PLACE AND DATE: Marana Town Hall, October 17, 1994. I. CALL TO ORDER By Vice Mayor Sharon Price. Time: 7:04 P.M. IJ. PLEDGE OF ALLEGIANCE Led by Mayor Ora Ham. IlL INVOCATION/MOMENT OF SILENCE Led by Vice Mayor Sharon Pdce. IV. ROLL CALL COUNCIL Ora M. Ham Sharon Price Tom Clark Ed Honea Betty Horrigan Herb Kal Helen Key Mayor, Excused Vice Mayor Council Member Council Member Council Member Council Member Council Member STAFF: Hurvie Davis Sandra L. Gmseclose Dan Hochuli Gerald Flannery Cindy Ruiz Joe Lizardi Mamia King Dave Smith Town Manager Town Clerk Town Attorney Planning Administrator Planner II Town Engineer / Public Works Dir. Manager Assistant Police Chief 20 members of the Public. _V. APPROVAL OF AGENDA A motion was made by Betty Horrigan, seconded by Tom Clark and carded unanimously to approve the agenda as read. VI. APPROVAL OF MINUTES A. Regular Council Meeting of September 20. 1994. _B. Regular Council Meetino of October 4. 1994. A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to accept the minutes of September 20, 1994, and October 4, 1994. VII. PETITIONS AND COMMENTS None. VIII. ANNOUNCEMENTS Town Manager Hurvie Davis introduced Joe Lizardi as the new Town Engineer and Public Works Director, taking over from Mick Mathieu and Al Cook, Building Inspector. Planning Administrator Gerald Flannery introduced his new Planner II, Cindy Ruiz. _A. Marana Founders Day. Vice Mayor Sharon Price announced that Founders Day is less than thirty days away. There will be a parade, carnival and a rodeo from November 10 to 13, 1994. IX. STAFF REPORTS On file at the Marana Town Hall. X~. GENERAL ORDER OF BUSINESS _A. Privilege Taxes - Reauest To Amend Marana Tax Code To Eliminate Tax On Advertising. Discussion I Action. Town Manager Hurvie Davis addressed the Council and gave an overview KOLD-TV channel '13's appeal to be excruded from the 2% advertising tax. He noted that Tucson does not have an advertising tax and KOLD would be at a disadvantage compared to the other TV stations in Tucson. Mr. Davis stated that the Town cannot exclude a single business from the tax, however, a tyoe of business can be excluded. Staff has recommended elimination of the advertising tax in order to encourage business in Marana. Also, the tax generates minimal revenue for the Town. In order for the tax to be repealed, the tax code must be amended by Ordinance, after a public hearing. David Joseph, General Manager, KOLD-TV Channel 13, 115 W. Drachman, Tucson: He stated his enthusiasm for joining the community of Marana and hoped to be a big participant in Town activities. Several staff members have already moved to Marana. However, if KOLD-TV had to operate under the advertising tax, it would be a serious liability and could mean personnel cutbacks. Town Attorney Dan Hochuli stated that the tax code could be amended to waive taxes on e certain type of business. As to exaotly what type of business can be excluded from the tax still needs to be looked into. The tax could be limited to billboards only, leaving electronic media free. He noted that if the advertising tax were enfomed, administrative costs for enforcing the tax could be high and the costs would offset the benefits of the tax. Mr. Hochuli explained that the Council would have to place the amendment of the tax code on the next agenda. Council Member Helen Key asked about other taxes. Mr. Joseph confirmed that KOLD-TV is paying utility and rent taxes. Hurvie Davis stated that he and Staff will consult with attorney Mr. Bosse and come up with a Resolution for the Council's consideration. Resolution 94-27 - Reauest For Approval Of Denny's Restaurant Develooment Plan. Discussion/Action. Planning Administrator Gerald Flannery addressed the Council, gave an overview of Denny's development plan. He noted that Denny's has complied with Staff and Zoning Commission recommendations. Staff is recommending approval. Tom Clark asked about what type of sign Denny's would use. Mr. Flannery stated that Denny's would put its sign on Holiday Inn's sign pole. A motion was made by Tom Clark, seconded by Betty Horrigan and carried unanimously to approve Resolution 94- 27 which approves the development plan for Denny's Restaurant. Cortaro Farms Rd./Hartman Lane Rezonin_u - An Aoolication To Rezone 24.2 Acres To MR-2 And 52.9 Acres To R-6 - Ordinance 94.'14. Gerald Flannery gave an overview of the rezoning application, noted that there were several concerns by the Zoning Commission, Council and public. Dan Hochuli stated that when 20% or more of people in a certain area of a proposed rezoning protest the rezoning in writing, then a 3/4 vote of the governing body (6 votes) is required to approve the rezoning. Only in cases of a conflict of interest can the total number of votes be reduced, so if one Council Member is excused and another declares a conflict of interest, then the number of votes is less than 6. The rezone can be passed, rejected, or continued for further study. A vote is not required. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL OCTOBER 17, 1994 Carl Wintem, Winters & Associates, Inc., representing the applicant, El Dorado Holdings, 270 N. Chumh, Tucson: He addressed previously stated concems, stated that the MR-2 zone has been removed, changed to R-6 with more commons area and the housing density has been reduced and park land added, including equestrian trails. For the archaeology sites, El Dorado Holdings has hired amhaeologists to carefully survey the area. Some portions have been recommended for clearance while others need further study. The area may be donated to the Amhaeology Conservancy if it becomes too much ora problem to develop. Mr. Winters stated that he has talked with the Marana School Distdct and the Distdct told him that it is studying the possibility of building another school in the Continental Ranch area. On the subject of flooding and drainage, Mr. Winters stated that as required by the Marana Flood Zone Code, the developer would have to improve on the drainage of the property. Also, Cortare Farms Rd. would be improved and widened. Hurvie Davis reported on prans and requests to build and improve roads and intemhanges in the area. Public Comments: 1. Susan Goodman, 8948 N. Hartman Ln.: She asked about the planned common areas and the formula used to determine the number of children that would use the areas and where funding for Hartman Lane would come from. Carl Winters answered that he got the figures from the Marana School District. 2. Pat Brannon, 5290 W. Cortare: He opposed the deveropment due to its housing density. 3. Nell McCugh, 8510 N Freeman Ln.: He opposed the development due to high density and traffic. 4. Daniel Preston, Vice Chairman San Xavier District, Tohono O'odham Nation, 2444 W. Nahagia Daha Way, Tucson: He opposed the development in favor of amhaeological preservation of the Hohokam sites. 5. Neale Allen, 3530 W. Saguaro Divide, Northwest Coalition: He opposed the development to its impact on the lifestyles of the nearby landowners. 6. Merry Mohr, 6200 N. Oracle, Tucson: She opposed the development. 7. Irma Klinger, 5299 W. Hematite Pl.: She opposed the development due to the high density. 8. John Bello, 9082 N. Eagre Stone: He opposed the development due to the high density. 9. Elizabeth Douglas, 8810 N. Joplin Ln.: She opposed the development due to lack of adequate read infrastructure. 10. Edith Bromley, 5959 W. Cortare Farms Rd.: She opposed the development due to the high density. 11. John Martin, 8301 N. Cerius Stray.: In favor of the development because of the planned read improvements. 12. Mimi Gromley, 5901 VV. Cortaro: Opposed the development due to high housing density and its impact on schools. 13. Josephine Henry, 8550 N. Hartman: Opposed the development due to the high density. 14. LonnieCatt, 8431NFraemanLn.: Supported the development but recemmended lower density. 15. Jeanell R. Millner, 5424 W. Calle Maverick: Opposed the development due to high density, historical preservation. 16. Robert Gromley, 5901 W. Cortaro: Opposed the development in order to preserve the archaeology sites. 17. Jack Drown, 9051 N. Brimstone: Opposed the development in order to preserve lifestyle. Carl Winters responded to the public comments and questions. Mike Ingrain, of El Dorado Holdings, addressed the Council and answered questions. Recess. Time: 9:15 P.M. Back in session. All Council Members present, except for Mayor Ham. Time: 9:27 P.M. Ed Honea suggested that zoning be R-8 (residential, 8000 sq. ft.) with the restrictions set by the Zoning Commission. Dan Hochuli stated that those changes to the ordinance were possible, however a super-majority of 6 votes is required to pass. The developer can also submit a new application for the R-8 zoning. Mike Ingrain responded to Mr. Honea's suggestion, stated that he would go along with the wishes of the Council, however he would prefer R-6 zoning. A motion was made by Ed Honea, seconded by Betty Horrigan, Herb Kal abstained and Sharon Price voted no, and failed to approve Ordinance 94-14 conditionally rezoning 77 acres to R-8 located at the northwest corner of Cortare Road and Hartman Lane. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL OCTOBER 17, 1994 Herb Kal decland a conflict of intenst and abstained from the vote due to the fact that he owns pnperty near the El Dorado Holdings area. Dan Hochuli suggested that Councilman Kal leave the dais and be excluded from further discussion on this Item, and stated that the majodty vote would be from six Council Memben. Recess. Time: 9:40 P.M. Back in session. All Council Memben pnsent, except for Mayor Ham. Time: 9:45 P.M. D. 1999 Community Develooment Block Grants. Hurvie Davis intnduced the Item. Council had no questions and indicated its support. Stormwater Detention Pond On Producen Cotton Proeert¥ Road - Discussion And Direction To Staff For Corrective Action To Fill Or Fence. Hurvie Davis addressed the Council, stated that he has tried with the help of Councilman Kal to work with Pnducen Cotton. He said that he put the Town's concerns in writing to Bob Burke at the corporate office. He has talked with other corponte officen and make follow-up calls. Pnducers Cotton has failed to act on the retention pond pnblem and now the only nmaining option is to take legal action. The matter has been passed on to the new owners, Anderson Clayton. Dan Hochuli stated that the Town can legally enter the pnperty and take action to make the pond safe. Because Pnducers Cotton did not comply with the flood plain permit requinments, they an in violation of Title 21 of the Development Code. The penalty is $1000 per day. He ncommended that Public Works get an estimate for filling the pond, then have the Town send a ngistend letter to the owner of ncord nquesting payment for filling the pond if they do not fill it themselves within 30 days. Also, if the owner does not comply, they will also be cited for violation of Title 21 at $1000 per day (until the pond is filled). The Town could file suit for npayment of the amount as a civil claim and try to get a money judgment which would put a lien on the pnperty. Mr. Hochuli stated that it is likely that the owner will allow the Town to fill the pond for them and just pay the bill. The Council ached to dinct the Town Attorney to send a letter to the pnperty owner expressing the Town's concerns about filling the pond and doing something about the run-down buildings. Resolution No. 94-28 Exemet Certain Town Vehicles From The Provisions Of Arizona State Law Requirin9 Compliance With The Provisions Of A.R.S. Section 28-1441 - Agency Designation A motion was made by Ed Honea, seconded by Helen Key and failed 3 to 3 with Tom Clark, Sharon Price and Herb Kal voting no, to adopt Resolution 94-28 and Resolution 94-29. Tom Clark stated his opposition to this Item. He preferred ntaining the Town logo and State license plates on the vehicles instead of pdvate license plates on Town vehicles. Hurvie Davis addressed the Council, gave an overview of the exemption from Arizona State law. The exemption would be for unmarked police vehicles and the vehicles of the Council and Town Manager. Dan Hochuli stated that then wen two nsolutions. 94-28 deals with the specific exemptions and 94-29 deals with designations on the vehicles. Public Comments: 1. Shaft Kelly, 14399 N. Wentz: She spoke on the use of a Town vehicle by the Town Manager as being part of a compensation package. Dan Hochuli answered that then an legal ways for an employee to take a vehicle home. A motion was made by Helen Key, seconded by Betty Horrigan and carded unanimously to adopt Resolution 94- 29. Dan Hochuli stated that there is still the nquest by the Police Dept. for some of its vehicles to be exempted (by Resolution 94-28). MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL OCTOBER 17, 1994 A motion was made by Tom Clark seconded by Ed Honea and carded unanimously to adopt Resolution 94-28, deleting the Mayor and Council's vehicle and the Town Manager's vehicle, and designating specifically the six vehicles designated by the Marana Police Chief and held in confidential file by the Town Clerk. _G. Mayor's report. None. H. Town Mana~aer's ReoorL Verbal report. Hurvie Davis reported that he attended a meeting as a board member of SAWRA that dealt with water issues. And fast Friday he attended the dedication of the MTC treatment facility also attended by the Governor. He also met with the applicants for Town Engineer and Public Works Director. X/. ~E AGENDA ITEM,~ None. XI__I. ADJOURNMENT A motion was made by Bet[y Horrigan, seconded by Tom Clark and carried unanimously to adjourn. Time: 10:30 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 October 17, 1994. I further certify that a quorum was present. Prepared by Colin L. Miller, 10/26/94 Meeting length: 3.50 hfs. Type is Arial, 9 point.