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HomeMy WebLinkAboutHerb Kai - 10/17/1994 - (Minutes) Agenda Item X - CM Tms OF REGULAR-couNCEL MXX'MG MARANA TOWN COUNCIL::, OICTOBEIL 17" 199, PLACE AND DATE: Marana Town Hall, October 17,1994. I,. CALL To DRDER By Vice Mayor Sharon Price. Time: 7:04 P.M. U. PLED ;E OF ALLEGIANCE Led by Mayor Ora Ham. ffil. INVOCATIONIMOMENT OF SILENCE Led by Vice Mayor Sharon Price. ROLL CALL COUNCI Ora M. Ham Sharon Price Tom Clark Ed Honea Betty Horrigan Herb Kai Helen Key Mayor, Excused Vice Mayor Council Member Council Member Council Member Council Member Council Member STAFF; Hurvie Davis Town Manager Sandra L. Groseclose Town Clerk Dan Hochuli Town Attorney Gerald Flannery Planning Administrator Cindy Ruiz Planner 11 Joe Lizardi Town Engineer I Public Works Dir. Marcia King Manager Assistant Dave Smith Police Chief 6 -f +hn 0"Win 2-umvill via )j. APPROVAL OF AGENDA a as A motion was made by Betty Horrigan, seconded by Tom Clark and carded unanimously to approve the agend read. A. Mular Council Meeting of Seombeir-.20.1994 a. Raular Council Meeting of October 4, 1994 A motion was made by Ed Honea, seconded by Betty Horrigan and carded unanimously to accept the minutes of September 20, 1994, and October 4, 1994. Al. PETITIONS AND COMMENTS None. )ffl. 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 11, Cindy Ruiz. IX. STAF jMEQM On file at the Marana Town Hall. GENE RALpgQE&g-F3J3MM A. Privilege Ta es - a T x C To Eliminate Tn- tin Advert:`- Town Manager Hurvie Davis addressed the Council and gave an overview KOLD-TV channel 13's appeal to be excluded 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 t= 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 In order for the tax to be repealed, the tax code must be amended by Ordinance, after a public hearing.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 a certain type of business. As to exactly 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 enforced, 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. Reso ition 9 4-27 - tegue t For ?pproval Of Denny's Res aurant Development 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 FaMIS Mina 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 Hochull stated that when 20% or more of people in a certain area of a proposed rezoning protest the rezoning in writing, then a 314 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. Carl Winters, Winters & Associates, Inc., representing the applicant 8 Dorado Holdings, 270 N. Church, Tucson: He addressed previously stated concerns, 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 archaeologists to carefully survey the area. Some portions have been recommended for cAearance while others need further study. The area may be donated to the Archaeology Conservancy if it becomes too much of a problem to develop. Mr. Writers stated that he has talked with the Marana School District and the District 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, Cortaro Farms Rd. would be improved and widened. Hurvie Davis reported on plans and requests to build and improve roads and interchanges in the area. PUWkLQMM9015- 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. Cortaro: He opposed the development due to its housing density. 3. Neil 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 archaeological 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. Eagle 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 road infrastructure. 10. Edith Bromley, 5959 W. Cortaro Farms Rd.: She opposed the development due to the high density. 11. John Martin, 8301 N. Cedus Strav.: In favor of the development because of the planned road improvements. 12. Mimi Gromley, 5901 W. 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. Lonnie Catt, 8431 N. Freeman Ln.: Supported the development but recommended 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 Ingram, 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 Commissic Dan Hochull stated that those changes to the ordinance were possible, however a super-majority of 6 votes required to pass. The developer can also submit a new application for the R-8 zoning. Mike Ingram responded to Mr. Honea's suggestion, stated that he would go along with the wishes of the Coun4 however he would prefer R-6 zoning. A motion was made by Ed Honea, seconded by Betty Horrigan, Herb Kai abstained and Sharon Price voted no, and failed to approve Ordinance 94-14 conditionally rezoning 77 acres to R-8 located at the northwest comer of Cortaro Road and Hartman Lane. Recess. Time: 9:40 P.M. Back in session. All Council Members present, except for Mayor Ham. Time: 9:45 P.M. questions and indicated its support. Sto Nater n P cers; Cotton Prope Dir c 1 n T F r Cormfive Act! in To FULOIfOS&. Hurvie Davis addressed the Council, stated that he has tried with the help of Councilman Kai to work with Producers the Town's concerns in writing to Bob Burke at the corporate office. He has talked with Cotton. He said that he put other corporate officers and make follow-up calls. Producers Cotton has failed to act on the retention pond problem and now the only remaining 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 property and take action to make the pond safe. Because Producers Cotton did not comply with the flood plain permit requirements, they are in violation of Title 21 of the Development Code. The penalty is $1000 per day. He recommended that Public Works get an estimate for filling the pond, then have the Town send a registered letter to the owner of record requesting 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 repayment of the amount as a civil: claim and try to get a money judgment which would put a lien on the property. 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 agreed to direct the Town Attorney to send a letter to the property owner expressing the Town's concerns about filling the pond and doing something about the run-down buildings. Resol ition N 4- C I Tnwn Vahicle- C-- Tho P Compliance With The Provisions Of A. S. Se fflon 28-1441 - Agengy Designation, A motion was made by Ed Honea, seconded by Helen Key and failed 3 to 3 with Tom Clark, Sharon Price and Herb: Kai voting no, to adopt Resolution 94-28 and Resolution 94-29. Tom Clark stated his opposition to this Item. He preferred retaining the Town logo and State license plates on the vehicles instead of private 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 Hochull stated that there were two resolutions. 94-28 deals with the specific exemptions and 94-29 deals with designations on the vehicles. Public CommentS: 1. Shari 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 there are legal ways for an employee to take a vehicle home. A motion was made by Helen Key, seconded by Betty Horrigan and carried unanimously to adopt Resolution 94- 29. Dan Hochuli stated that there is still the request by the Police Dept. for some of its vehicles to be exempted (by Resolution 94-28). JL.:4?? Herb Kai declared a conflict of interest and abstained from the vote due to the fact that he owns property near the El Dorado Holdings area. Dan Hochull suggested that Councilman Kai leave the dais and be excluded from further discussion on this Item, and stated that the majority vote would be from six Council Members. 9- Mayo ?a? None. ti. TOMM port. Hurvie avis reported that he attended a meeting as a board member of SAWRA that dealt with water Verbal trer= issues. And last 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. M. FUTURE AG ENDA-ITEM None. X11. AQjQMRHMM A motion was made by Betty Horrigan, seconded by Tom Clark and carried unanimously to adjourn. Time: 10:301 P.M. AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL CLERICS OFFICE CERUS-CAT-IM 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. 1 further certify that a quorum was present. GA?5&?ESE, TOWN CLERK File locatio???Computer LAN network: H:\MINUTES\COUNCIL\1994.MIN\10-17-94.MIN Prepared by Colin L. Miller, 10/26/94 Meeting length: 3.50 hrs. Type is Arial, 9 point.