Minutes of Regular Town Council Meeting

MINUTES OF MEETING AND PUBLIC HEARING OF THE

THATCHER TOWN COUNCIL

November 13, 2007

MEMBERS PRESENT: Mayor, Bob Rivera

Vice Mayor, Bill Mulleneaux

Councilmember’s: Ken Larson, Eric Merriman, Donald Innes

MEMBERS ABSENT: Doug Hoopes, Charles Morris

ALSO PRESENT: Terry Hinton, Town Manager

Mark Stevens, Chief of Police

Heath Brown, Town Engineer

Dudley Welker, Town Attorney

Lona Duncan, Town Clerk

Visitors: Jon Johnson, Barbara Stailey, Brent & Raydene Cluff , Doug Spencer, Jennifer Chesley, Pat & Steve Allen, Tom Palmer, Curtis Noland, Rory Wilson Chris. L Anderson, Nancy Ochoa Mattox, Edward Lopez, Richard & Diane Kerr

AGENDA

Mayor Rivera called the meeting to order at 7:00pm establishing that there was a Quorum. He also said God bless our Troops, Family and America

Pledge of Allegiance lead by Mayor Rivera

ROLL CALL.

Mayor Rivera stated that both Charles Morris and Doug Hoopes would be absent tonight.

PUBLIC HEARING

A. Preliminary Plat for the James Place Subdivision - High School Avenue.

Raydene Cluff stood and stated she lives at the corner of High School Ave and Church Street on the property which was owned by Spencer W Kimball’sfather and where he also lived. It is our understanding that the proposed road is going to infringe on that property. It is a historical site and named so by Governor Babbitt. When Kenya Udall came to us at the time he wanted the roadway he only wanted a 15x30 piece from the edge of our property to the center of the street. We told him as long as the rest of our land and the trees are provided for we would decree it over.Terrysaid he did not know what went on between yourselves andMr. Udall but from the drawing that the engineer has brought shows the back of the proposed sidewalk is on the on the west side of the telephone boxes and misses the trees. The second question is what happens to the water rights on the property. Terryexplained that you can not mess with water rights, if there is a ditch then who ever develops it will have to take care of the ditch they can’t close it off. Brent Cluff stood and expressed the same concerns as his wife. Mr. Udall did say that he made the commitment to the Cluff’s that those trees would not be taken out. Mr. Cluff said he would like the trees to be protected and included in any motion that you put forward in this process. Steve Allen ask if the Town could in the future just come in and take our front yards. Terry ask Mr.Allen to remember back to his fathers house on 2^nd when we discovered that the current right of way in his yard which was seven or eight feet belonged to the Town we rectified that and deeded it back to your father to make his fence line the right a way in no instance that I know of has the Town taken anyone’s yard we have had to adjusted a fence but never taken a yard. Mr. Allen said that when the zoning change was done we were promised that we would be keep informed of any changes and we still don’t know about how the street will shake out I would like to ask that we reconsider changing the density of that sub division until we know exactly what will happen on the road like which people are going to lose their curb and how it is going to be designed. Councilman Innes said I think that the one question has been answer no one will lose their curb or yard. Steve ask who decides what the width of the street will be is that negotiable? Terry said the Town will make that decision and it is somewhat negotiable but it is to our design and I understand the design right now is three lane there is a left hand turning lane going in to the subdivision and a left hand turning lane going on to Church Street and the width is 36ft. and there is another entrance on 3^rd. Terry said the thing you need to think about is that there is 700 houses in Daley Estates and everyone comes out at the one intersection. Heath said that Reay Lane is 28ft of asphalt less than this will be. Mrs. Allen ask why when we originally agreed on 70 houses has it been changed to more houses now.

Tom Palmer stood and introduced himself as being with the PLS Group representing the owners and I would like to answer that. I have been working with Heath for the last couple of weeks to see what would fit. The first engineer presented a set of plans that was approved and it did include a wider street that would take out some power poles and potentially some trees and that is where some of the confussion came in. I went out and had our company stake out where the improvements would be and we have been working with the Town to skinny up the road but still get three lanes for safety issue and yet avoid trees or utilities so what you see tonight is a 40ft total section understood there is a 66 ft right but no one is trying to exercise that right. On the issue of how we got here I was brought on very recently and my understanding is that it was approved for 76 lots most of which had really wide frontage making squatty lots and as the developer teamed up with builders no one wanted to build that much improvements in front of each lot so by making the lots narrower it was more cost efficient for a builder and still sell the house for a reasonable cost and that is what is driving the changes. The density change makes it a whole lot more feasible to see this project through to development.

Vice Mayor Mulleneaux ask with the 36ft road way is there no room for on street parking is that correct. Mr. Palmer said that depends on if you stripe it or not. If it is striped three lanes you can not. Terry reminded them that this is only a prelimary plat and all of the details will be worked out before the final plat. Mr. Palmer did say that the prelimary plat that was approved before would have much more of an impact on residents than what we are proposing.

B. Preliminary Plat for the KBL Subdivision - South of Daley Estates.

Chris Anderson stood and introduced himself as one of the owners of KBL and I also brought Rory Wilson from Souder Miller Associates. What we are planning is a 192 lot family community to help with the needs of people moving into the community. Our designs are craftsmen style homes with a front porch, verandas and patios. I brought some picture of the homes there will be about eight different choices. They are modular homes built by Home Harbor brought in a couple of different pieces and assembled and placed on a permanent concrete foundation... The cost of lots will be from $120 to $150 thousand dollars we will have 15% to 20% with upgrades on landscaping. The small landscape package will be included for the front yard. There are going to be two bridges built as to Town code. Rory showed the flood zone area that will be used for drainage, retention and recreation. The subdivision will divert water that traditionally flowed across the site into a detention and retention basin and will channel the existing wash. This will improve what we have right now. Councilman Larson ask why do you want to build in a flood plain. The answer was all of Daley Estates is in a flood zone we are going to build some places up and so most of the homes won’t in the flood zone. Mayor Rivera ask where the entrance was going to be and the answer was there will be three different entrances. Diana Kerr ask if there would be car ports the answer was it will be the buyer’s option. Jennifer Chesley ask how they were going to address Valley View which is only a half of street and part of Hoopes is half a street and you are going to increase the traffic. Mr. Anderson said one thing we are going to do is improve the road up to the town road. Jennifer said that is good but when you improve that part of the road there will be more people on the road that is not improved. Terry said she is right they will go down Hoopes Ave and then down Valley View because there are less stop signs. Diane Kerr stated that about 12 years ago they were going to put in module homes in and Council said no and here we are 12 years later putting in modular homes. Terry said it was not modular homes it was manufactured homes and the difference is that a manufactured home comes in on there own wheels and then the wheels pulled off and set down. Council did pass that there were no manufactured homes in an R2 zone.

C. Use of CDBG Funds.

Heath Brown stated that a public hearing has to be held by law in order to apply or receive a CDBG grant.The rules which he read have been attached to the minutes. Terry said that the reason we even qualify is about four years ago we did a survey of the Daley Estates area and certain sections of it qualified and this is the last year we can use this survey. We are pretty limited as to what we can do with these funds because the rest of the town is above the 51%. Councilman Innes ask about a skate boarding park or swimming pool and Heath said we would have to show that it would benefit only the low mod. Mayor Rivera ask about sidewalks and Terry said we are looking at doing sidewalks in the two areas that qualify which are the two trailer sections in Daley Estates that is probably what will be submitted. Steve Allen ask if the Town could go together with the school on a project and again Terry said we are looking at that 51% and old part of Town doesn’t qualify.

OPEN CALL TO THE PUBLIC:

Barbara Stailey stood and explained to Council that the several months

ago she came and talked to Council about what the citizen would like pertaining to Christmas and also signs saying how much we love America. It is getting close to Christmas and so I would like to talk about the big sign across the main highway that says Merry Christmas. I have some signed petitions from people I have talked to that would like to see it also. I have checked and it will take about 3 weeks for it to be made and cost about seven hundred dollars. I would also like to give a personal invitation to the Council to come and visit the Historical Museum in Thatcher it has been said it is the best small town museum in Arizona. They have a number of old stories that are told the museum is open on Saturday so please come.

PUBLIC APPEARANCES:

None

CONSENT AGENDA:

None

NEW BUSINESS:

A. Decision on Preliminary Plat for James Place Subdivision.

Mayor Rivera said there has been a lot of discussion on the road and also the size of the lots. Councilman Innes said he was the one who pushed for the 10 thousand square foot lots so I am opposed to it. Mayor Rivera said he was also not for the smaller lots we zoned it R2 so that the trailer lots of 6000 sq ft could not go in. Vice Mayor Mulleneaux said that he knew that was concern to a number of the citizen. Heath said just to let you be a wear that everything they are proposing is within Town Code if you think that it is to dense then that is an opinion but as far as meeting Town standards they are. Vice Mayor Mulleneaux said he had a problem with taking away the off street parking I would like to see that resolved. Mayor Rivera ask if the turning lane had to be there Terry said we just thought it would be safer but without it there would be plenty of room to park.

Councilman Innes made motion to deny the preliminary plat as it has been proposed. There was no second so motion died.

Vice Mayor Mulleneaux made motion to approve prelimary plat with the stipulation that before the final plat is brought for approval that we first protect the rights of house structures or trees etc that they will not be disturbed and second work toward off street parking even in lieu of the center left turn lane if necessary. Mayor Rivera seconded the motion. The vote was 4 yes – Mulleneaux, Larson, Merriman, Rivera and 1 no Councilman Innes. The motion passed.

B. Decision on Preliminary Plat for the KBL Subdivision.

Terry said again I have the same concerns about Valley View we have been fighting that issue for some time and it appears that the 20 acres that is adjacent at least a third of it has already been bought and sold and divided and so I don’t believe it will ever be a subdivision so I think we have the problem of getting Valley View done. If you chose to approve this plat again it meets all the regulations but two stipulations might be placed on approval that the right a way on Hoopes Ave be obtained and we need to address Valley View some way or another because it won’t work the way it is.

Vice Mayor Mulleneaux made the motion to approve the prelimary plat with the stipulation that we solve the issues on Valley View and Hoopes as far as being a full street on Valley View and second street access on Hoopes to be worked out before final plat. Councilman Innes seconded the motion. The vote was unanimous. Motion passed

C. December and January Meetings possible date changes.

It was decided that Dec 5^th and Jan 9^th would be the date for Council meetings.

10. INFORMATIONAL ITEMS:

A. Town Manager’s Report:

1) The paving in Daley Estates for the most part is complete. We will have to go back and raise the man holes and water values it looks pretty good. Everything looks like it will drain correctly.

2) Working on the water line on Reay Lane we are connecting between 12^th Street and the line that feeds Daley Estates this will allow future development and the developer Cota Ranches is buying the materials. Also sometime between now and Christmas we are going to put in a water line part way down 1^st Ave where it ends at (Councilman Hoopes house) down to where Jim Palmer lives this is again for future development and the developer Arden Palmer is buying the materials

3) We are going to schedule a rejuvenating coat for Quail Ridge Phrase I road which is oil and sand it should not be of any inconvience you put it down and you can drive on it immediately. It should cost about thirteen thousand to do that project it is good maintance.

4) The next two projects are 1^st Ave and Allred Lane widening and shifting Allred down to the apartments and on 1^st Ave between the canal on one side and Eagle will be curb and sidewalk and on the other side down to Tracy Allred house will be curb. A drainage box we will have to pull and all the old pipe by Councilman Innes and Ron Walkers houses to get the right elevation. We also have to put the power line underground that includes Cable One and Qwest. At the same time we will overlay that street from Church Street to the canal. We are trying negotiate with the land owner on east side of 1^st Ave between 8^th Street and the canal to give us 10 or 15 feet of right a way in exchange for a new irrigation ditch. Also for future project we have some pipe to coverage some drainage and irrigation ditches which should be the remainder of Reay Lane. Mayor Rivera ask who was digging on 8^th east of 1^st Ave. Terry explained that is a private contactor Dale Blain connecting to sewer line going to the 8^th Street Athletic Club.

5) Councilman Larson ask if the Town monitors the mesquite problem. Terry said yes we monitor it several times a week and down at the sewer ponds we dip it twice a week and place larva in the water and we spray quit regular. We have fogged the Town several time. Councilman Larson said that he went to Dennis Layton home and he was swarmed by the mosquitoes. Terry said it is not the sewer ponds they are tested even by the County.

B. Fire Department Report.

1) Chief Payne said these cotton fields are not sprayed by insecticides anymore and that may be some of the problem there is also a lot of water in those fields which might answer some to the mosquitoes problem

2) Chief Payne ask when the Christmas Party would be and it will be December 21^st.

3) They are installing fire hydrants on Reay Lane which will help for the houses already there and for future development.

4) I talked with someone for the County and they have adopted the same code we have but there are some things that are not being done so we are going to stay addressing that as far as the fire department goes.

5) The only other thing I had was in the future we would like to bump up the number of volunteer mainly because during the day if there is a fire we need a response time to be shorter more available in town. Terry said there couldn’t be a problem how many are you wanting to so up to? Chief Payne said he would like to bring on about seven more people and make it a total of 35.

C. Police Department Report.

1) Chief Stevens said that tonight the City of Safford is recognizing three of our officers Detective Kendall Curtis Officer Jason Larson and Officer Josh McClain for their assistant in the Batchelder homicide. We received a nice thank you letter from Chief Griffin on their behalf.

2) We did receive some equipment on our DUI Abatement Grant cost about $7500 dollars for a new 8000 Intxo machine and laser jet printer for DUI check points. Sergeant Woods is the project administrator and we will be getting new stripping for the van.

3) Mayor Rivera ask about the four wheeler situation in Daley Estates. Chief said he thought it has made some improvement since we block off those areas. Councilman Innes said he received a call saying that no one stops at Robinson and Anderson. Vice Mayor Mulleneaux it has always been a problem between 3:00pm & 6:00pm in the afternoon. Chief Stevens said they would watch that area.

COMMITTEE REPORTS:

A. Safe House - None

B. Chamber of Commerce – Councilman Merriman said the breakfast we just had was very informative talked about the hospital and the future growth. They are going to try and double the doctor size in a few years and they are going to add on there new facilities for the growth. The next breakfast will be Jan 11^th and the speaker will be Bill Konopnicki. The Chamber has been making a book for tourism and it has the Salsa Trail in it and the history of the valley. We have a few new members. We got a report on EAC and they had a 9 and 2 year that is record since 1956 and there basketball is ranked 27^th. December 1^st will be the Light Parade and would like our help with entry or booth. The report on Freeport and Moran that is their new name which use to be Phelps Dodge. Vice Mayor Mulleneaux said he hear this morning that they got a lot of heat on that and they are looking at leaving the name Phelps Dodge in there title. Councilman Merriman said the Safford Mine is at 93% complete. The Chamber has a new video down there to look at it is really nice it has what is happening in Safford’s future and passed. It has a lot of information you all need to go in and see it. Chamber is trying to keep track of Globe and Casa Grande we have almost tripled the contacts from those two areas.

C. SEAGO – Mayor Rivera said they had a regular business meeting last month and we were told that the Executive Director Rich Gaar will be retiring in January but will stay on board as a contractor which should give us enough time to find someone for that position. The Annual Rural Transportation Summit is Jan 16^th thru the 18^th in Casa Grande if anyone would like to go.

D. Arizona Foundation – Councilman Larson said that they had a meeting two weeks ago and they had received 73 applications. Thursday we will be grading those and deciding who will receive those funds. We have about $21,000.00 to give out which was funded by Safford, Pima, County and Thatcher. After we finish this process we are going to try and get the news and more people involved so there will be more funds for next year.

EXECUTIVE SESSION: Pursuant to A.R.S. Section 38-431.03 (A)(3)(7) the Council may go into Executive Session concerning negotiations for the purchase, sale, or lease of real property and legal advise on possible or pending litigation.

Terry stated he would be about 30 mins.

Councilman Innes made motion to go into Executive Session. Vice Mayor Mulleneaux seconded the motion. The vote was unanimous. Time was 8:55pm

Councilman Morris made motion to reconvene into Regular Session. Councilman Merriman seconded the motion. The vote was unanimous. Time was 9:22 pm

Decision from executive session.

None

ADJOURNMENT.