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HomeMy WebLinkAbout02/01/1994 Regular Council Meeting MinutesDATE: FebmmT 1, 1994 PLACE: Marana Town Hall I. CALL TO ORDER Led by Mayor Ora Ham. Time: 7:07 P.M. II. PLEDGE OF ALLEGIANCE Led by Mayor Ora Ham. III. INVOCATION Moment of silence. IV. ROLL CALL: Ora M. Ham Sharon Price Tom Clark Ed Honea Betty Horrigan Herb Kal Helen Key Mayor Vice Mayor (excused at 8:40 P.M. - ill) Council Member Council Member Council Member (excused/illness) Council Member Council Member STAFF: Hurvie E. Davis Sandra L. Groseclose Dan Hochuli Roy Cuaron Hugh Holub Town Manager Town Clerk Town Attorney Town Accountant Town Water Attorney l 3 members of the public. _% APPROVAL OF AGENDA A motion was made by Ed Honea, seconded by Herb Kai and carried unanimously with change of Item 9~H to be followed by Item 9-E. V_!l. APPROVAL OF MINUTES Regular Meeting, November 2, 1993 Regular Meeting, November 16, 1993 Regular Meeting, December 7, 1993 Regular Meeting, December 21, 1993 A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to approve and amend the minutes of November 2, November 16, December 7, and December 21, 1993, with correction to page 4 of the December 21 minutes with note to show Tom Clark as excused. VII. PETITIONS AND COMMENTS None. VIII ANNOUNCEMENTS None. IX, ORDER OF BUSINESS A. An_re!al Town Financial Audit. Ron Kovar, CPA with Clifton, Gunderson & Co., Tucson: the Audit of June 30, 1993 has been completed, however, there is only a three-month fund reserve in the General Fund totaling $267,000. Ideally, there should be a six-month reserve. Hurvie Davis commented that he sees that internal audits are good because an outsider often has a better perspective on the financial situation than those closely involved. B. Establishment Of A Town Of Marana Business Advisory. Committee Hurvie Davis gave summary, said over 300 letters were sent out to businesses that do business in the Town, from a variety of types and services. Mike Overstreet has been selected as the Committee chairperson. Mike Overstreet, 6741 W. Thornydale, Tucson, AZ, 85741: He has fifteen names plus seven alternates representing all parts of Marana. Mayor Ora Harn asked how the Committee would benefit the community. Mr. Overstreet replied that the Committee would benefit more than just the community but also the whole Town. Also, businesses affected by Marana can have access to the Council. 2 A motion was made by Herb Kal, seconded by Ed Honea and carried unanimously to approve the Committee list as presented. (See attached) Hurvie Davis pointed out that the Committee should set up its bylaws and terms of service. Helen Key asked about the necessity of adopting a resolution for officially forming the Committee. Dan Hochuli answered that the Council can and should do so with Resolution 94-02. A motion was made by Sharon Price, seconded by Hden Key and carried unanimously to adopt Resolution 94-02 A Resolution Of The Mayor And Council Of The Town Of Marana, Arizona, Forming The "Town Of Marana Business Advisory Committee". C__. Consideration Of A Request Of ARCO Products Company For A Freeway Sign Located At The Intersection Of Cortaro Rd. And 1-10. Hurvie Davis stated he regards the Town as pro-business and that most of the Council knows what business is like. Local establishments should reasonably have their needs met. The Sign Code severely restricts businesses from promoting themselves with signs because of a two-sign limit in any one freeway intersection. This issue should be addressed by the Council and the Business Advisory Committee. Tom Cosgrove, ARCO Products Co., PO BOX 50186, Phoenix, AZ 85014-0186: Gave summary of ARCO's request. Possible $3.5 million in sales per year, $I0,000 per day in sales from 1000 customers, with 33,000 cars per day traveling past the AM/PM location, employing 10 people, and generating $20,000 per year in tax revenue. AM/PM is security conscious, providing a well-lit full-service retail. The sign is critical to the store's success. Mayor Ora Harn asked how high the sign would be. Mr. Cosgrove explained that it would be about 70' high, internally lit, 200 sq. ft. in face, similar to McDonald's sign. Tom Clark asked whether the sign would be on AM/PM property, and was told by Mr. Cosgrove that it would. Tom Clark asked how visible the sign would be from the road. Mayor Ora Ham noted that businesses have a difficult time being seen from the road due to the height of the 1-10 overpass. The McDonald's sign variance was granted because motorists needed to see the sign far enough in advance to make a safe decision whether or not to exit. Mr. Cosgrove said their sign would be the same as McDonald's except for the 500' separation of signs. 3 Helen Key asked if the signs would not be in line with each other, so one would not cover the other, and was told they would not cover the other. Gerald Flannery explained the details of sign placement with respect to the Sign Code. This request will likely open the door to more requests. Mayor Ora Ham mentioned that McDonald's had suggested using their original sign to mount another sign on the same pole. Suggested the possibility of AM/PM putting their sign on McDon- aid's pole. Mr. Cosgrove responded saying that there would be a conflict: it would suggest that the two companies were in business together. Helen Key expressed concern that many people could want to put up their own signs. The Town should be careful. Hurvie Davis explained that the 500' separation would put limits on the number of signs in any particular spot. Ed Honea expressed his concern at the size of the sign. Mayor Ora Ham said she wanted to get input from the Business Advisory Committee. Ed Honea agreed that the Sign Code needs to be revisited. Also that McDonald's and AM/PM would likely complement each other. A motion was made by Ed Honea, seconded by Tom Clark, to allow a variance for the placement of the AM/PM sign. Dan Hochuli said that them was a legal problem. The Sign Code set limits. Then Ordinance 91.17 was passed allowing the Council to grant a variance if the sign is in a 600' radius of the center of the intersection. And there is the two-sign limit for the intersection. For the two signs, they have to be 500' apart. The variance can be granted only if the conditions are met. Ed Honea's motion effectively grants a variance to the original variance, which cannot be done. However, a new ordinance would work. Other local sign codes should be studied. And in a future sign code, a provision should be included to allow for variances when it becomes necessary to do so. Helen Key questioned whether or not the motion is improper. Dan Hochuli responded, said that he thought a motion cannot overcome an ordinance, although the Council may do so if it wants, al- though that could lead to problems. Helen Key asked what Mr. Hochuli's recommendation is. The Town Attorney said he thought the motion should be withdrawn and that the Staff work to amend the Sign Code and ordinance. Tom Clark retracted his second and Ed Honea retracted his motion. 4 Mr. Cosgrove apologized that due to timing, it looks like they will not be able to build at their planned location. Ed Honea expressed his concern about AM/PM's withdrawal when they plan to make $3.5 million per year. The Council can endeavor to work out the problem, but the ordinances cannot be circumvented. Tom Clark stated he thought the Staff and the Planning Commission could work out the Sign Code. Mr. Cosgrove said the sign is integral to their business. The time limit of their contract is the end of February, It is up to the owner, Ranch Holdings, to extend the contract. Dan Itochuli said that the owner can do two things: grant extension or contingent sale based on the approval of the sign, or cancel the contract in favor of another buyer. Either way, any buyer would need to put up a sign. The Ordinance still needs to be modified. Helen Key commented on the time limit put upon the Council. Mr. Cosgrove should talk with his people and get back to the Council. Austin Lehr, 6617 N. Scottsdale Rd., Ranch Holdings, said the owner of the property is Southwest Valley Partners IV limited partnership. He interpreted Ordinance 91.17 differently from the Town Attorney, thought that it was not set apart from the Sign Code, but rather became a part of it. Ed Honea said that with the pre Ordinance 91.17 Sign Code, the Council could grant variances. Why Ord. 91.177 In order to set limits to the ability to grant variances. A motion was made by Ed Honea to send this matter back to Staff that they expeditiously change Ordinance 91.17, with a Special Council Meeting, and possibly a Special Planning Commission Meeting. Hurvie Davis said the Planning Commission could fit this matter on their agenda with a 14-day notice. Ed Honea withdrew his motion. Said if proper notice is given, the Planning Commission could hold a Special Meeting before the end of the month. The Council recommended that Mr. Flannery contact Chairperson Wheeler Abbett concerning the matter, and work on revising the Sign Code. Recess. Time: 8:31 P.M. Return. Time: 8:44 P.M. Vice Mayor Sharon Price excused herself due to illness. ]~. Tra_nsi~ion From County To Town Of Marana Zoning Ina - Thornydale Annexation Area. A motion was made by Ed Honea, seconded by Helen Key and carried 5 - 0 to approve the transition to Town zoning from County zoning as stipulated in the Planning Commission's Resolution 94-01. E. Metropolitan Domestic Water Improvement District - Discussion On Proposed Legislation. Mark R. Stratton, Interim General Manager, Metro Water District, spoke on the recreation of the Santa Cruz Valley Water District into the Santa Cruz Valley Groundwater Replenishment District. State Senator Ann Day wants community support in Sonthem Arizona. Mr. Stratton spoke of making sure local communities are represented in the District. Mr. Stratton spoke of revenue bonds instead of property liens to fund the District. For areas outside of District boundaries, Assessment Bonds cannot be spent. Improvements will have to be funded by other means. The Town of Marana is requested to support the two legislative items. Hurvie Davis recommended that the Town give its support so that the Town would have a voice in the District. Hugh Holub, 177 N. Church, Tucson: Asked Mr. Stratton if the District has any plans within Marana. Mr. Stratton said they already serve the annexation area of Ina - Thomydale. But a local water utility still must give consent to the District before the District can do anything within a town. Herb Kai asked whether the District can coexist with Cortaro District. Mr. Stratton was unsure. Herb Johnson, 655 W. Sunlight, Tucson AZ 85704, spoke of Oro Valley and the District~ Reassured that Marana would have control of its water. The District must get approval for the crea- tion of improvement districts for the Town. Helen Key asked if the legislation had to be passed before the District can enter a municipality. Mr. Stratton said that right now, the District cannot enter a town. Mayor Ora Ham asked if the District wanted the Town's support for the legislation and was told that the District does want support. A motion was made by Herb Kai, seconded by none to direct Staff to prepare a letter of support. Motion died for lack of a second. 6 Mr. Johnson said he got the impression that the Council was not opposed to the legislation, but it did not support it either. Mayor Ora Itarn said that she thought the Council was not ready to make a decision. ~F. Approval Of Assurance Agreement For Completion Of Parcel 10, Continental Ranch, Hurvie Davis gave summary, said it is usually a Staff matter. He has no problem with it. A motion was made by Herb Kal, seconded by Helen Key and carried unanimously to approve the assurance agreement in the form of a third-party trust agreement for Parcel 10 of Continental Ranch, Richmond American Homes, Inc. G. Joint Workshop With Oro Valley Council Staff - "Speaking With Confldenc_e" - Kathy K~rgh~er Sandra L. Groseclose gave summary, said the workshop would be beneficial, however there would be a cost. Helen Key expressed her support for the workshop, however she was concerned about the Council's ability to attend and its need to attend. Mayor Ora Ham was concerned about the cost, $750 for three hours. ]:[. Water Rights For Marana Park. Hurvie Davis gave summary, said the park very likely went beyond the allowed water rights for the year, using 77.8 acre feet, excluding the swimming pool. Dan Felix, Director of Pima County Parks and Recreation, wanted a 40 acre foot limit, but later agreed to 70 acre feet until 1995, giving Marana time to acquire water rights, Also, plans to serve Honea Heights with the park's well is inadequate; the well has high nitrate levels and produces much sand. A new well would be needed. Hugh Holub, 177 N. Church, Tucson, said a Type Two water right could be obtained to remove the conflict with the County, but there is still the Honea Heights problem. A Community Develop- ment Block Grant (CDBG) could be obtained for that. There are two wells close together that operate separately. They should be joined to meet the needs of the park and the Town. Helen Key asked if an agreement with Cortaro Water Users could be roached if the agreement with the County went bad. Also, she wondered if the Town can get out of the water business. Mr. Holub said that the water systems should be consolidated; separate systems will lead to conflicts. 7 I_. Detention Pool At Producers Cotton On Sandari0 Rd. Hur~ie Davis said he contacted Producers Cotton in Chandler regarding the water collection and indicated to Producers that the cheapest solution would bc to fill in thc pool. They would contact their Fresno office and get back to Mr. Davis. J_. Council Action Finalizing Written Reprimand And Disciplinary. Action Against Officer Pipes. A motion was made by Helen Key, Seconded by Ed Honea to direct the Mayor to sign the reprimand letter as written by Staff, and that the letter be delivered to Officer Pipes within five working days and placed in his employee file. K. Special Census. Hurvie Davis gave summary: The U.S. 1990 Census figures for Marana are too low. Gerald Flannery gave details and said that the Town is responsible for all aspects of obtaining personnel for the 1995 Special Census including costs. The Town cannot interfere with the operation of the Census. Mayor Ora Ham was concerned that a repeat of 1990 will happen. Residents would be distrustful of strangers. Locals would be preferable to take Census data. Ed Honea said the Census would pay for itself from State revenue sharing, agreed that the 1990 Census underreported Marana's population. Hur~ie Davis said Marana would likely have better control of the 1995 Special Census, more than it did during the 1990 Census. But he was concerned that Marana does not have the staff for it. Tom Clark questioned whether the U.S. Government can dispute the Special Census' findings. Gerald Flannery said the Government had veto power over personnel choices, but the Town could choose the personnel. Hurvie Davis said the cost of the 1995 Special Census is estimated at $12,622, and has been budgeted for. L. Proclamation - Proclaiming March 1 - 31, 1994 As Arizona Archaeology_ Month. A motion was made by Ed Honea, seconded by Tom Clark and carried nnanimously to proclaim March I - 31, 1994 as Arizona Archaeology Month. M. Mayor's Report None. _N. Town Manager's Report Hurvie Davis gave an oral report in addition to his written report, on Continental Ranch sewer service expansion, sales taxes in the annexation area, and the annexation lawsuit. 31!. EXECUTIVE SESSION PURSUANT TO A.R.S. SECTION 38-431.03 (A) (3) FOR DISCUSSION OR CONSULTATION FOR ADVICE WITH ATTORNEY OF THE PUBLIC BODY RELATING TO ANNEXATIONS XII. FUTURE AGENDA ITEMS A. Executive Session Annexation Report XlII. ADJOURNMENT A motion was made by Ed Honea, seconded by Tom Clark and carried unanimously to adjourn. Time: 10:17 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 a tree and correct copy of the minutes of the Regular Council Meeting of the Marana Town Council held on February 15, 1994. 1 further certify that a quorum was present. H:\I MINUTES\COUNCIL\1994\02-01-94.MIN