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HomeMy WebLinkAbout08/14/2006 Special Council Meeting Minutes MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 14,2006 PLACE AND DATE Marana Municipal Complex, August 14, 2006. A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Present Excused Present Present Present Present STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Deputy Town Manager Assistant Town Manager Town Attorney Town Clerk Present Present Present Present Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. Mayor Honea asked that Robert Condit, former Cortaro Water Manager, be remembered. c. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member Blake, the amended agenda, removing items 1.2, I. 3 & lA, was unanimously approved. D. CALL TO THE PUBLIC Ross Iwamoto addressed the Council and said he represents a group of homeowners who live in Parcels 4, 7, 8, 9 & 10 of Continental Ranch with homes built by Richmond American. He has had continual leaks, ceiling cracks, fascia rotting, and window leaks from the first year in his home. He recently had his whole roof replaced. After speaking with several other neighbors and finding that all of them had the same problems, 19 residents paid to have an independent roofing consultant evaluate their roofs. The results include various violations and shortcomings in the installation of the roofs and are documented in photos. In refusal to except responsibility, Richmond American claimed they used a third party consultant to verify that the roofs were built to code. The third party company was Headlee Roofing, which is the same company that installed the original roofs. Mr. Iwamoto requests that no more Richmond American homes be built in Marana. Dan Sullivan addressed the Council and said a $1,000 roof inspection report revealed that his original roof was installed with 23 deficiencies and missing components. He needs a new roof estimated at $12,000. His home was also built by Richmond American and the roof was MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 14, 2006 installed by agents of Richmond American. Richmond's response to his report and the other residents has been a hands-off, responsibility evasion and hiding behind warranty expiration approach. A warranty implies that the provider give the buyer what they are paying for. In addition, that the product delivered do what the buyer has paid for. Richmond did not provide him what he paid for. He requests that the Council investigate the validity of the grievances and not allow Richmond American to develop in Marana. Paul Johnson lives in Parcel 8 in a home built by Richmond American. He expressed concerns with the poor construction practices of Richmond American and he feels his roof was improperly installed, which led to several leaks throughout his home. Mr. Johnson, along with many other neighbors, hired an independent roof inspector in October of 2005, who documented many mistakes with the installation of the roof. He asked that the Council not allow Richmond American to build any more homes in Marana, and that a good faith compensation be considered. Fred Curran lives in Parcel 7. He bought his home in 2000, and has recently had to replace his hot water heater, which required a $45 permit. He showed the Council some pipes that he pulled from his wall while replacing his hot water heater that do not meet code. Mr. Curran also has many leaks in his roof. Rick Brown lives in Parcel 9 and also has many roof issues that include leaks under the slab, the attic, and water standing in windowsills. He has talked to individuals in the plumbing and building trades and they have indicated that the fixtures used in his home are not standard. Neither the air conditioner nor the water heater are sufficient for the size of his house. He said something needs to be done to compensate homeowners for repairs and to stop Richmond from building in Marana. Richard Herner lives in Parcel 8 and needs a new roof. He also has a roof inspection report that lists many installation errors. He said Richmond American was originally going to inspect three houses a week and if any repairs were needed, they would be fixed by the end of the week. After the second week, Richmond American stopped inspecting the homes in the neighborhood. Larry Gaskell lives in parcel 8. He purchased home in 1994, and has been diligent in making repairs to roof since the purchase. In May 2005, he met with Richmond American representatives, which resulted in his home being inspected in July 2005. After the inspection, the roofing agency stated that there was an improper installation on the home and they would pay for the necessary repairs. Later the offer to complete the repairs changed and became a homeowner's responsibility. In August, he received a letter from Richmond American stating that there were no defects and that the home was out of warranty and nothing could be done about the repairs needed. He has spent several thousands of dollars to repair portions of the roofs to date. Ken Sklaroff lives in parcel 8. He purchased his home in 1994, and just spent $13,000 on a new roof because Richmond American used substandard materials on his home. He also had a roof inspection report, which listed 23 deficiencies. MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 14, 2006 Denise Winger lives in Parcel 8. She wants the Council to ban Richmond American from building in Marana and she requests that Richmond American reimburse homeowners for repairs they have already made. She paid $13,000 for a new roof on a home only 12 years old. Other workmanship problems include walls not plumbed, windows not square, and the foundation does not meet code. Marianne Vivirito lives in Parcel 8. She has spent thousands of dollars on repairs and $13,000 to install a new roof. She was able to get a home equity loan to help pay for the new roof. Marana has a reputation as a great place to live and she does not want Richmond American to build in Marana until they improve their quality of homes. Connie DeLarge has lived in Parcel 8 since 1994. She has many leaks in her roof and agrees with other speakers. Charlotte Moore said her two story-home has leaks on both levels of her home and a new roofwill cost $24,000. Paul Taylor lives in Parcel 8. He bought his home in 2002 and upon inspection of the home prior to the purchase, he found many leak stains that were repaired by the home seller. He stated that roofs should last 20-30 years, not the 10 years these roofs are lasting. Cliff Scott lives in Parcel 8 and said he has the same problems mentioned by prior speakers. Jim Hemingway lives in Parcel 8. He also had to purchased a new roof. He was present at the time of his roof inspection from Richmond American representatives and was told that there were problems with the roof installation, yet he received a letter from Richmond American stating that there were no problems with the roof installation. Ken Gregg has lived in Parcel 8 since 1994. He also had an independent roof inspection resulting in the need for a new roof. A list of 34 problems were identified in the original walk-through prior to him purchasing the home. It took over 18 months to get the problems fixed. There were other problems at the 90-day inspection as well. He had an independent roofer come and fix many of the problems after he became tired of the hassles with Richmond. Stacy Lee lives in Parcel 8. The home has roofing problems and mushrooms growing in the roof. A roofing report includes 23 violations. The cost of a new roof will be $15,000 - $20,000. Richmond American said they would send a representative to inspect her home, but no one ever came, yet she received a letter stating that the roof was inspected when it was not. Carol Gonzalez lives in Parcel 9. She has experienced several problems that include roof leaks, rotting fascia, poor foundation, bad plumbing, and eave board damage. Her home also needs a new roof after only nine years. Since 2000, she has sent several letters to Richmond American regarding problems such as leaking windows, bent walls, banging plumbing lines, and cracks in garage and walkways, but has had no response to her concerns. MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 14,2006 Lucita Brown said she also has roof problems and she contacted an independent roofing consultant. She has had several tiles fall off her roof. Larry Schoof lives in Parcel 8. He would also like Richmond American banned from building in Marana. He has fascia deterioration, mushrooms growing in his roof, and many leaks. He also had an independent roofing report listing many deficiencies. He showed a piece of fascia board from his home showing the deterioration. He stated that Richmond American has known for a long time about the problems with the homes and they have chosen to do nothing. Mayor Honea asked for individuals who had an independent roofing inspection to leave a copy with the Town Clerk. Council Member Comerford asked that everyone with Richmond American Homes concerns complete a speaker card, even if they did not speak. She said she agrees with the citizens and she assured them that everything will be done to make their concerns heard. Staff was directed to review the code regarding tile roof inspections. Vice Mayor Kai directed staff to look at raising the standards for better quality construction. Council Member Escobedo would also like the design standards reviewed, and he encouraged other members in the Continental Ranch neighborhoods to send their concerns to the Town. Council Member Blake said he also has a Richmond American home, and has experienced some ofthe same problems. He is committed to finding the underlying cause of the problem. Council Member McGorray agrees that something needs to be done to find a solution. Mayor Honea stated that the Council will see what can be done to help and proposed a future meeting with the concerned homeowners. E. PRESENTATIONS Jocelyn Bronson, Town Clerk, announced that pins were left from Tony Luca the coordinator for "Those Who Served", in appreciation for all that the Town does to recognize the individuals who served in the military, and for the care the town takes in flying the flag. Kevin Thornton, Assistant Public Works Director, addressed the Council and presented two awards to the Council for the Municipal Complex. One for the Southern Arizona Branch American Public Works Association Arizona Chapter 2005 award for a large project, and the other was presented at the Arizona Chapter, American Public Works Association statewide conference for the 2005 Public Works project of the year on structures between $10 and $100 million. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Escobedo announced that the Miracle in Marana raffle tickets will be sold for $10 and that there will be 20-30 items given away. Some of the prizes include an ATV, MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 14,2006 watercraft, plasma screen T.V., side of beef, dinner for 10 with a limo ride, and other vacation packages. The Miracle in Marana celebration will be held on December 23,2006, at the Ora Mae Ham Park. Council Member Comerford congratulated Charlie Mangum, Airport Director on receiving $2.6 million in grant monies awarded for improvements to the airport. Mayor Honea announced that Supervisors Sharon Bronson and Ramon Valadez, and Chuck Huckleberry, along with other members from the Pima County staff met with the Town staff and reviewed the Sanders and Marana Road bridges. He commended the county for working with the Town to alleviate any future flooding. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS There were no reports. H. STAFFREPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2006-123: Relating to Public Works; approving and authorizing the Mayor to execute Amendment No. One to the Intergovernmental Agreement with Pima County, executed April 6, 2004, for design and construction of improvements to Cortaro Road (Frank Cassidy) 2. Resolution No. 2006 124: Relating to Professional Serviees; approving and authorizing the M.ayor to exeeute a LobbyiBg Services l....greement with M.iehael M. Raey and his firm RaeyU...ssoeiates, Ine. (Frank Cassidy) Removed from agenda. 3. Resolution No. 2006 125: Relating to Prof-essional Ser/iecs; approving and authorizing the Mayor to exeeute a Lobbying Serviees f..greement with ,A..rthur }... Chapa (Frank Cassidy) Removed from agenda. 4. Resolution No. 2006 126: Relating to Professional Seryiees; approving and authorizing the .Mayor to exeeute a Lobbying Services Agreement with Marshall A. Braehman (Franl{ Cassidy) Removed from agenda. 5. Resolution No. 2006-127: Relating to Water Service; approving and authorizing the execution of the agreement between the Town of Marana and CPE Development Company, Inc., for construction for water facilities and provision of water utility service for Willow Ridge (Frank Cassidy) 6. Minutes of the July 18, 2006 regular meeting and the July 25, 2006 study session. 7. Resolution No. 2006-133: Relating to Real Estate; amending Resolution No. 2004-115 concerning El Camino de Manana abandonment to reserve easements only for existing utilities (Frank Cassidy) MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 14,2006 Upon motion by Council Member Escobedo, seconded by Council Member Blake, the consent agenda was unanimously approved. J. COUNCIL ACTION 1. Resolution No. 2006-128: Relating to Development; modifying the subdivision requirements by providing that certain overhead electric facilities need not be under grounded in the vicinity of the Rancho Marana 154 development project, the Continental Reserve development project and the Ironwood Reserve development project (Frank Cassidy) Frank Cassidy, Town Attorney, addressed the Council and said Resolution No. 2006-128 is a request not to require undergrounding of certain overhead facilities. He recommended direction from the Council to allow Rancho Marana 154 along Sandario, Moore, and Barnett Roads to have overhead power lines to allow for future improvements. The other areas include the Western Area Power Authority (WAPA) and the EI Paso Natural Gas Company. Vice Mayor Kai said there needs to be come clarification of the voltage in the power lines located in the Rancho Marana 154 area. He also asked how much voltage can be placed underground. He also suggested that old electrical posts be upgraded to steel posts if they cannot be placed underground. He asked if there was a statue of limitation in reference to the W AP A and EI Paso Gas Company lines. Mr. Cassidy said builders and developers may make an argument about statute of limitations, but did not think they would with the developments not being that old. Vice Mayor Kai asked if more time was needed to get answers to questions such as the correct line size and voltage that can be placed underground. Mr. Cassidy agreed that additional time would be helpful. Mike Reuwsaat, Town Manager, addressed the Council and said staff needs to verify the voltage that can go underground and the corridors where the larger voltage utility lines will be placed. He said the Moore Road lines will probably be above ground and will be placed with the development of the road. Mr. Cassidy said that the Town did not look into undergrounding in the W AP A area, but could take direction from Council. Council Member McGorray asked who pays for the undergrounding if the town waits until construction is finished. Mr. Cassidy said that the Town would pay as part of the project cost. Council Member Escobedo asked for the status of the power lines in the San Lucas development. Mr. Reuwsaat said that anything within a subdivision is underground. Council Member Escobedo asked if staff was asking to waive the undergrounding requirement in all, or just until the necessary work is complete. Mr. Cassidy said the request is to waive the subdivision requirement that the subdivider place it underground in recognition that a public works project by the Town would underground it. Mr. MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 14,2006 Cassidy asked if Council wanted staff to look into another alternative that shares the cost in exchange for not allowing the undergrounding at this time. Mr. Reuwsaat said that staff should look at other options such as whether the lines go underground or not, and another option would be to have the developer contribute to the cost. Jeff Carson, Ironwood Reserve resident, addressed the Council and said the aboveground power lines are in front of his house and nearby neighbors have the poles in their front yards. He is opposed to aboveground power lines. Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, Resolution No. 2006-128 was unanimously continued to the September 19, 2006, Council meeting. 2. Resolution No. 2006-129: Relating to Development; approving and authorizing a preliminary plat for Rancho Marana 154 Block 4 (Barbara Berlin) Barbara Berlin, Planning Director, addressed the Council and said the proposed subdivision is located in Rancho Marana 154 block 4 and meets all requirements. Upon motion by Council Member Comerford, seconded by Council Member McGorray, Resolution No. 2006-129 was approved, 5-0 with Vice Mayor Kai abstaining from the vote. 3. Resolution No. 2006-130: Relating to Development; approving and authorizing a preliminary plat for the Pines Phase II (Barbara Berlin) Ms. Berlin said Resolution No. 2006-130 approves a preliminary plat for a 280-lot single- family residential subdivision on approximately 56 acres. The Council was provided a revised resolution reflecting a change in ownership to Title Security of Arizona, Inc. Trust number 969. Upon motion by Council Member Comerford, seconded by Council Member McGorray, Resolution No. 2006-131 was unanimously approved. 4. Resolution No. 2006-131: Relating to Development; approving and authorizing a development plan for Linda Vista Cinema at Continental Ranch Westside Retail Center (Barbara Berlin) Ms. Berlin said the proposed theatre has 16 auditoriums and 2400 seats and will surpass the required one parking space to every five seats with 478 parking spaces. Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, Resolution No. 2006-131 was unanimously approved. 5. Ordinance No. 2006.24: Relating to Land Development; adopting the revised Floodplain and Erosion Hazard Management Code (Land Development Code Title 21) (Keith Brann) MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 14,2006 6. Resolution No. 2006-132: Relating to Land Development; declaring the revised Floodplain and Erosion Hazard Management Code (Land Development Code Title 21) as a public record nIed with the Town Clerk; and declaring an emergency. (Frank Cassidy) Mr. Cassidy requested that Ordinance No. 2006.24 and Resolution No. 2006-132 be voted on together. Keith Brann, Public Works Assistant Director, addressed the Council and said a draft Floodplain ordinance was presented to Council on July 25,2006. The final ordinance has been reviewed and approved by staff and the Town Attorney. Vice Mayor Kai asked how the new ordinance compares to the Pima County ordinance. Mr. Brann said that the Town ordinance models the FEMA ordinance and does differ from the Pima County ordinance. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Ordinance No. 2006.24 and Resolution No. 2006-132 were unanimously approved. K. ITEMS FOR DISCUSSION/POSSIBLE ACTION There were none. L. BOARDS. COMMISSIONS AND COMMITTEES 1. The Council sitting as the District Board for the Gladden Farms Community Facilities District. Approval of the minutes of the July 18, 2006 District Board meeting. Upon motion by Board Member Comerford, seconded by Board Member McGorray, the July 18, 2006, Gladden Farms Community Facilities District minutes were unanimously approved. 2. The Council sitting as the District Board for the Vanderbilt Farms Community Facilities District. Approval of the minutes of the July 18, 2006 District Board meeting. Upon motion by Board Member McGorray, seconded by Council Member Comerford, the July 18, 2006, Vanderbilt Farms Community Facilities District minutes were unanimously approved. M. EXECUTIVE SESSIONS. 1. Executive Session. Pursuant to A.R.S. ~38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. N. FUTURE AGENDA ITEMS There were none. O. ADJOURNMENT MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 14,2006 Upon motion by Council Member Escobedo, seconded by Council Member Blake, the Council voted unanimously to adjourn. The time was 8:41 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 14, 2006. I further certify that a quorum was present. ~\"\nnl',,,. ~_,OF~ ~ ~. ~~\\'''''''''~~~ ~O~~~ ~ ~ :: i.::.1 CORPORATf \.". ~ _ :: c:xx:> == _ - -SEAL'" - .. ~ S .... - ~ ~ ~ ~ ~ ~;: ~ "1 ~"'''U''\\~ ~ ~/,,f::/IZ. 19 ...\~ .'I'l&l\\.