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HomeMy WebLinkAbout11/06/2007 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: NOVEMBER 6,2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL, By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Mayor Present Herb Kai Vice Mayor Present Russell Clanagan Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Carol McGorray Council Member Present Roxanne Ziegler Council Member Present STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Deb Thalasitis Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATIONIMOMENT OF SILENCE Led by Mayor Honea. C. APPROVAL OF AGENDA Upon motion by Council Member Escobedo seconded by Council Member McGorray the agenda was unanimously approved. D. CALL TO THE PUBLIC Ed Stolmaker, President of the Marana Chamber of Commerce, addressed the Council introducing new intern Jenny Connors. Ms. Connors responsibilities will be to help with the Chamber's Legislative and Economic Development Committee. David Morales addressed the Council regarding the Cortaro Water User's Association and Marana's future growth. Council Member Escobedo introduced Twin Peaks Elementary student, Carly Miller, a cancer patient. Ms. Miller's parents addressed the Council speaking about her leg amputation, treatment and upcoming surgery. Mr. Miller stated that they are planning to hold events and fandraisers to help pay for Carly's prosthetics. Council Member Escobedo announced that Carly will be the Grand Marshal for the Miracle's Inc. Christmas Party. Council Member Escobedo announced that Karl Horvath's granddaughter was recently diagnosed with juvenile diabetes. Mr. Horvath is helping with the organization of a jingle MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: NOVEMBER 6,2007 bell run-walk for the arthritis foundation to be held on January 8, 2008 at Reid Park to raise funds on behalf of his granddaughter. Mayor Honea recognized that Cub Scout Pack 219 and Boy Scout Troop 259 earned badges and thanked them and encouraged them to return to speak to Council again. E. PRESENTATIONS 1. Presentation on the status of the Twin Peaks Interchange (KeithBrann) Keith Brann noted that Council had previously asked to see the aesthetics again before they are finalized. Mr. Brann stated that at this point they are at Stage 4 plans. They have been reviewed and comments were returned to the consultant. Mr. Brann stated that they are next expecting design plans. The PS&E set; plans, specifications and estimate; which is the bid set of plans, are expected in late December or early January. Mr. Brann noted that at this time staff is working through different aspects of the project including right of way acquisition and environmental clearances, getting the final railroad construction maintenance agreement, etc. The Twin Peaks Road within Continental Ranch which is currently a dead end will be taken across the Santa Cruz River, across 1-10 with a new full interchange, A-type diamond. It will then go across the railroad, no longer having an at- grade cross in Maiiana. The road will then continue on and become the sister project, Camino de Maftana, which goes all the way up to a relocated alignment tying directly to Dove Mountain Blvd. Also as part of this project, there will be a realignment of Linda Vista to a four way intersection when the future Cascada Development comes in. A-two way access road will be constructed behind existing businesses to provide two-way traffic since the frontage road will be converted to one-way as part of this project. Mr. Brann stated that staff is well on its way with design plans and on schedule. The design had to be at a certain point before staff could begin certain aspects including the environmental clearance, submittal of the 404 permit. Mr. Brann noted that they are now at the point where they can negotiate the CMN Agreement with the railroad. He also stated that Stage 4 comments have been returned to the consultant and that they are still pursuing funding for the project. With the Stage 4 plan came a Stage 4 cost estimate of $96 million, which includes design, construction management and right-of-way acquisition. We are expecting a bid closer in the range of $70 to $73 million. MyrIene Francis then addressed Council. She stated that Tierra Right of Way Services is under contract with the Town of Marana to acquire all of the property rights necessary for the project, as well as provide relocation assistance for the properties of any impacted parties. There are 31 property owners with 45 parties entitled to relocation benefits. The Town will acquire 62.4 acres of right-of way. 7.1 acres of that is for the right-of-way for ADOT. 14.2 acres of permanent easement that includes self easements, drainage easements, and utility easements will also be acquired. At this time, 14 offers to purchase have been presented to the owners in the amount of $5 million, $861 and $400 dollars. In accordance with the planning development, 10 property owners will be dedicating their property rights through their developments; these include: Marana Spectrum, Cascada, and the Red Point developments in that area. United Metro and Rinker Materials have donated the property rights needed through their property for the project. Staff is preparing to file condemnation 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: NOVEMBER 6,2007 actions with the attorney general's office on several parcels in mid November and that will include full property takes for 6 parcels and I parcel acquisition. Keith Brann stated that the project is not ftilly funded at this time. There are many options for funding sources for this project. The RTA is by far the largest cash injection into this project. Additional funding sources include state HURF funds, federal STP dollars, and an agreement through ADOT for $14 million. Through the South Transportation Benefit Fee there is also a dedication of $14 million. The other $1.4 million is a water line that the Town will look to possibly use some of its water impact fees or other sources. This a very important feature that staff feels is part of this project. Additionally, there is also $4.5 million of private money that is being negotiated with the Marana Spectrum development. Mr. Brann added that of the $5.9 million of the STP funds, 1.9 million of that was recently requested and at this point approved from the PAG TIP for the 20-14 TIPS. It now works through the process of approval through the sub committees all the way up to the Regional Council. Mr. Brann stated that at this point they have assembled on paper about $93 million of the projected $96 million estimate for the project. He then re-emphasized that additional funding sources are still being sought. Laura Mulkarek stated that the aesthetic treatments will start to the west towards Continental Ranch. As one goes east, there will be aesthetic treatments into the median. On I- 10 we there will be form liner treatments on the piers. The bridge structure itself will have a decorative meadow. On the pedestrian overpass, similar to east Miracle Mile, and on the MSE wall, holding up the westbound frontage road, there will be form liner work on the MSE wall facing east and also facing the interstate. As one enters the Marana area or the Tucson metropolitan area there will be the two suns serving as kind of a gateway feature. The MSE wall going northbound will have cattails. The cloud river wraps underneath the bridge and continues on the other side. The median enhancements are right around at the Santa Cruz River and are called the Barrier sidewalk. Form liner work with cottonwood leaves and sidewalk enhancements will go along over the Santa Cruz River bridge. The middle and median will be a kind of gateway median artwork piece. It reflects like a cylinder that has been broken apart and will show the different sediment layers that are found along the Santa Cruz River basin. Council Member Ziegler asked for a completion date and Mr. Brann responded that a bid date of 2008 is still being sought and that a completion date will most likely be late 2009, early 2010. Vice Mayor Kai asked if it would be possible to incorporate security cameras in this project to keep taggers away. Mr. Brann responded that the option had not been looked into. He did state that zoom cameras will be on Town rights-of-way signals. One of the reasons why the aesthetic treatment was done on the entire on the MSE wall system was through the direction of the Parks Director; they would much rather have the paint code and repaint over tagging than try to have an unspoiled concrete surface, which is impossible to blend in once it's been tagged. He stated that he is unsure if they can prevent tagging but that the project is in design with graffiti design materials and the ability to cover it up. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: NOVEMBER 6,2007 Council Member McGorray commented that the aesthetics are wonderful and she is very pleased with the design. 2. Presentation of the Town's published Annual Budget and Financial Plan for fiscal year 2008 (Erik Montague) Erik Montague mentioned that this budget is different than budgets the Council may have seen before. It incorporates a significant increase or level of information with respect to the Town's goals, vision and allocation of resources that was originally incorporated in the budget in June. This is a comprehensive document, reflecting Mayor and Council's approved allocation of resources back in June. As a financial plan, it is a snapshot of what the Town Council approved. The Government Finance Officers Association has this as an established distinguished budget presentation award. That particular award program was created for the purpose of establishing or guiding the development of well planned budgetary documents to meet the needs of the community as well as interested persons wanting to know more about Town business. In order to be considered for the award, the budgetary document has to meet four major criteria: wide-ranging policy document, financial plan, operations guide, and a communications device. This budgetary document reflects the Town's goals and visions and allocations of those dollars. Staff believes that such a document has been compiled and will be submitting for consideration of the award. Mr. Montague mentioned that this externally published document is available on the Town's website. Mr. Montague thank the Manager's office, the department directors, and Corrie Gil whose intense vision and passion and efforts were able to put together the 195-page document. Mr. Montague stated that the document exemplifies the Council's vision and allocation of those resources to provide for the needs to the community, those services that the community requires, and it really exemplifies the finance department's commitment in ensuring that that information is available to those that want to have it. Mike Reuwsaat thanked Erik and Corrie and staff for their tremendous effort. He stated that the document is readable to a lay person and that if someone gets onto the Town's website, they are easily able to obtain the financial information because of the format it has been put in. It is a real service to our citizens in terms of reaching out being more visible, transparent and accountable. He noted that Corrie has had a real passion to do this and he thanked Erik for his leadership and passion that he has brought to Marana since he has been here. In addition to this, Mr. Reuwsaat stated that the finance department has instituted a full purchase order and encumbrance system within the Town, emphasizing that the finance department is taking the Town to the levels that it needs to be at as an organization as growth continues. 3. Presentation update on the financial status for fiscal year 2008 (Erik Montague) Erik Montague addressed Council stating that he would like this to be the first of a series of events to come before Council to provide information with respect to how the Town is doing. He discussed the status for the first quarter, talking about the larger Arizona economy as basically a subdivision of the state. Mr. Montague stated that they had the opportunity to participate in a budget forum that was hosted by the City of Glendale on 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: NOVEMBER 6,2007 October 26, 2007. They received a presentation from the representatives of the Joint Legislative Budget Committee, which is an oversight group that provides information to the state on economic conditions, revenue forecast, and so forth. Mr. Montague stated that that the sole focus of the greater metropolitan region is making recommendations or partial recommendations to the Legislature regarding natures of budget, revenue, expenditure forecasting and future financial needs and impacts. They are a non-partisan group with eight individuals from the House and Senate. Mr. Montague and his staff were given the opportunity to look at some of the models for last fiscal year. Significant portions of the Town's resources come from shared revenues so Mr. Montague noted that those are closely tied to those revenue projections that the state receives. They are at $148.1 million below forecast for the first few months. Currently they are in the process of going through various projections. Numbers between $525 and $675 million dollar shortfalls for the state have been noted. He stated that this is attributable to many factors; one being the housing market. Mr. Montague stated that the JLBC participated in a survey that included the University of Arizona as part of their business management and forecasting modeling areas. The survey was a method to provide an estimate of projection as far as what is to be anticipated in the future. The data presented by JLBC gives a historical perspective of revenue growth from 1999 through 2007 and projected growth from fiscal years 2008 to 2011. Mr. Montague discussed the data and visual presentation with the Council. He stated that the forecast survey shows a continued slow downward trend with respect to growth and that the anticipated recovery will not occur until fiscal year 2009 or 2010 and return to some level of normalcy in 2011. Mr. Montague then mentioned that this model provides the best estimate as to what the economy is going to do over the next few years. Mr. Montague discussed the largest revenue source of the Town's general fund - sales tax (56%). Sales tax revenues for the first three months of this fiscal year are tracking at budget. He mentioned that one of the areas of concern with sales tax revenue has to do with the first quarter. The first quarter is $866,000 dollars less in collections for this quarter this year over the prior fiscal year first quarter. Some of this is associated with the half cent sales tax rollback and some of it is due to the downturn of the economy, especially from the construction sales tax side. Mr. Montague stated that detailed reports from the state have not yet been received, but once received he will distribute to Mayor and Council. Mr. Montague discussed the second largest revenue source of the Town - state-shared revenues. He compared the first quarter of 2007 to the first quarter of 2008. He then briefly discussed the third largest revenue source of the Town - licenses, permits, and fees. He noted that they have collected $1 million in the first quarter, only 20% of what was budgeted for the fiscal year. Mr. Montague said that one of the activity markers has to do with single family residences. There are roughly 125 for the first quarter of this fiscal year compared to 218 for the first quarter of last fiscal year. He emphasized that the slow market will be continuous through 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: NOVEMBER 6,2007 2009-2010. He stated that the general fund has collected approximately 27% and that it is a positive indicator for the first quarter of the fiscal year. He stated that the revenues of the general fund are really on track for the first quarter of the fiscal year. The budget will continue to be closely monitored to ensure that they are proactive in trying to mitigate any issues should they occur. On the capital side of the budget they will soon be in the process of looking at existing projects and those that are funded to ensure that they are allocated to the available resources in the current year to those projects that are viable and will actually occur. He concluded with the notion of a slow revenue growth that will continue through the next few years. Town Manager Mike Reuwsaat stated that even though the single family housing is down, the commercial development is helping. He also emphasized that the Council put $3 million aside years ago for transportation infrastructure instead of the general fund and would like to maintain that practice as long as possible to fund the infrastructure for the growth. He also stated that the budget will be monitored closely and make internal changes and modifications to continue to stay healthy. ANNOUNCEMENTS/UPDATES - No announcements or updates. PROCLAMATIONS - Portable Practice Education Preparation (PPEP) (Jocelyn Bronson) Ms. Bronson read the proclamation. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Escobedo thanked Congresswoman Gabrielle Giffords and Senator Kyl for the hard work they are doing to assist the Town with all of the FEMA issues. Mr. Escobedo reminded everyone that the Miracle's Inc. Holiday Party will be held on December 22 nd at Ora Mae Ham Park and the Miracle's Inc. Toy Drive to be held on December 15 th at Continental Ranch. There will be breakfast and lunch opportunities. On December 8th the super series baseball of Arizona's tournament at SportsPark, and that Miracle's Inc. will be at the Town's Tree Lighting Festival on December I". Council Member Comerford stated that the Marana Tiger football team will be going to the playoffs and invited everyone to their first playoff game in Peoria. Vice Mayor Kai stated that he and Diana and Madison went to Council Member Comerford's haunted garage and thanked her for doing that for the neighborhood kids. Council Member Clanagan stated that he and other staff attended U of A sponsored Community Conversation on water held two weeks ago at the Doubletree hotel. It was a tremendous turnout and shows the importance of water as it relates to the Marana area. He thanked Barbara Johnson and her staff for attending a Continental Ranch senior's meeting to hear the community's concerns about the Twin Peaks Interchange, FEMA, and Proposition 200. Mr. Clanagan attended the Continental Ranch HOA annual meeting, and as a result, discovered that there is a controversy brewing over the sanitation contract. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: NOVEMBER 6,2007 Council Member Ziegler commented on the Continental Ranch controversy and asked that everyone do their homework regarding the contract with Waste Management as they are not the only trash pick up service in the area. Council Member McGorray commented on the FEMA meetings and thanked everyone for their participation and cooperation during the teleconference in the Town's new executive board room. She thanked Jocelyn Bronson for the wonderful CREW graduation and the opportunity to participate. Ms. McGorray also attended the Spooktacular event on Halloween night and also the Common Grounds last Friday in which the Town received the Open Space Award for the Heritage Park. She also reminded everyone to please consider giving to the Marana Food Bank as the holiday season is approaching. Mayor Honea attended the water forum and is hopeful that it will open up some avenues for everyone to work together regarding the water problems. He spoke highly of the Spooktacular event and commended the Parks department for putting together a great event. He also thanked Jocelyn Bronson for putting together another successful CREW program this year and encouraged all citizens to sign up for next year's session. Mayor Honea also stated that the Common Ground was great and that the Heritage Park won the award for open space. He stated that they are working with the Linear Park with the levee and there are many plans for that area. The Town also won an award for the Accenture Golf Tournament, the fourth largest tournament in the United States. It has done extremely well and has really benefited the area greatly. He also stated that he and some others also spoke with the editorial board at the Arizona Republic regarding Marana's perception and things that are going on in the Town. Mayor Honea and Gilbert Davidson also attended the State of the University of Arizona address. He also stated that tomorrow will be the Ritz Carlton official announcement and that this will be the largest Ritz Carlton in the United States. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Mike Reuwsaat introduced and welcomed new Assistant Town Manager, Deb Thalasitis. Mr. Reuwsaat attended the ADOT bypass meeting on November 19, 2007. There were four alternatives presented and he stated that he will distribute those to Council. Representative Jennifer Bums met with Mr. Reuwsaat and Mr. Davidson regarding Marana's concerns related to FEMA, wastewater, water, 1-10 improvements, etc. It was a good opportunity to elevate some of Marana's issues which are also some regional issues. Mr. Reuwsaat and Council Member Clanagan also attended the TREO meeting and expect to get additional value from TREO. A meeting set at Pinal Air Park at the WAATS regarding Pinal Air Park and opening it up for freight traffic. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: NOVEMBER 6,2007 Mr. Reuwsaat stated that Congresswoman Gabrielle Giffords called to give an update that the Congress overruled the President on the public works budget and the money that is in there for the Marana Wastewater treatment fund is still there. On November 21, 2007, HR house bill 4050 - a legislation sent by the Congresswoman - goes before the committee on financial affairs. Deputy Town Manager Gilbert Davidson attended the Arizona Town Hall, the 91" Town Hall for the state. The topic was land use planning and the challenges facing the state in the next number of years. He will be distributing the report to Council once it comes out. Assistant Manager Deb Thalasitis gave a brief introduction about herself, thanked the Mayor and Council and stated she is delighted for the opportunity to be with the Town. H. STAFF RIEPORTS - No Reports. GENERAL ORDER OF BUSINESS 1. CONSENT AGENDA 1. Resolution No. 2007-182: Relating to Development; approving a release of assurance for Gladden Farms Block 2 and acceptance of public improvements for maintenance (Keith Brann) 2. Resolution No. 2007-183: Relating to Development; approving and authorizing acceptance of public improvements for maintenance at Tangerine Road and Dove Mountain Boulevard (Keith Brann) 3. Resolution No. 2007-184: Relating to Development; approving a release of assurance for Gladden Farms Block 21 and acceptance of public improvements for maintenance (Keith Brann) 4. Resolution No. 2007-185: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new license for a No. 12 (Restaurant) liquor license submitted by Dave Gerard Damitio on behalf of Native New Yorker Restaurant, located at 8225 N. Courtney Page Way (Jocelyn Bronson) 5. Resolution No. 2007-186: Relating to Development; approving and authorizing a final plat for Saguaro Forest at Dove Mountain (Kevin Kish) 6. Resolution No. 2007-187: Relating to Development; approving and authorizing a final plat for Gladden Farms Blocks 22 and 24 (Kevin Kish) 7. Resolution No. 2007-188: Relating to Development; approving and authorizing a final plat for Whitney Farms (Kevin Kish) 8. Resolution No. 2007-189: Relating to Development; approving and authorizing a final plat for Gladden Farms Blocks 7 and 13 (Kevin Kish) 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: NOVEMBER 6,2007 9. Resolution No. 2007-190: Relating to Development; approving and authorizing a final block plat for Sanders Grove (Kevin Kish) 10. Resolution No. 2007-191: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for wildlife linkage study along Twin Peaks Road over Rattlesnake Pass (Barbara Johnson) 11. Minutes of the regular meeting of October 16, 2007. Items 1-6 and 8 -11 were voted on separately from Item 7, from which Mayor Honea excused himself due to a conflict of interest. Items 1-6 and 8-11 were approved unanimously upon motion of Council Member Clangan, second by Council Member Escobedo. Item 7 was approved 6-1 (Mayor Honea abstaining) upon motion of Council Member Escobedo, second by Council Member McGorray. J. COUNCIL ACTION 1. Resolution No. 2007-192: Relating to the Police Department; approving and authoring execution of a grant agreement with the Arizona Peace Officers Standards and Training Board to provide a speaker honorarium for Southern Arizona Law Enforcement Managers training presentation (T. Van Hook) Chief Richard Vidaurri addressed the Council regarding the Southern Arizona Law Enforcement Law Enforcement Managers training. Upon motion by Council Member Russell Clanagan, seconded by Council Member Tim Escobedo, Resolution No. 2007-192 passed unanimously. 2. PUBLIC HEARING. Ordinance No. 2007.25: Relating to Development; approving and authorizing a rezoning for the Uptown at Marana Specific Plan (Kevin Kish) Kevin Kish addressed the Council regarding the Uptown at Marana Specific Plan. No one from the public wished to speak on this issue. Upon motion by Council Member Carol McGorray, seconded by Council Member Tim Escobedo, Ordinance No. 2007.25 was unanimously approved with the 18 listed conditions. 3. PUBLIC HEARING. Ordinance No. 2007.28: Relating to Development; approving and authorizing a rezoning for Camino De Manana Properties (Kevin Kish) Kevin Kish addressed the Council regarding Camino De Manana Properties. The applicant has proposed a change of zoning. This item was heard before the Planning Commission on October 3, 2007 and the Commission voted to recommend approval to the Town Council. Luis lbarra, 1833 N. Whispering Bells Drive, addressed the Council regarding the rezoning request. He requested that the north boundary lots of the applicants be restricted to 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: NOVEMBER 6,2007 one story homes and that the trail be relocated to the interior part of its property instead of his south property line. Mayor Honea asked if the project would be served by Marana Water and if there was water capability there. The project manager stated that at the current time, there are no water facilities at the site, but they are working on getting water facilities in the area and that they will be in place at the time the project is there. Brad Despain addressed the Council regarding the water facilities that are being planned for the area. Upon motion by Vice Mayor Herb Kai, seconded by Council Member Patti Comerford, Ordinance No. 2007.28 was unanimously approved. 4. Relating to Development; holding a public hearing for the Northeast Transportation Development Impact Fee (Keith Brann) Keith Brann addressed the Council regarding the northeast Transportation Development Impact Fee. He discussed the need for the development impact fee and its associated cost. The report was published on July 24, 2007 and posted on the website. To date, there have been no responses. A presentation was given on September 28, 2007 to SABHA's technical committee. Their request was to see a stepped increase fee and a six-month adoption period. Staff does not agree with this, as the minimum requirement is a 75 day implementation at full price. Mr. Brann described the location of the Northeast Transportation Fee area, bordered by the CAP canal, the extension of Lambert Lane alignments, and by the northern town limits. The existing land uses are sparse aside from the Dove Mountain Specific Plan. The proposed uses take into account development along the Tangerine Corridor and the northern part of the Cascada Development. The fee is meant to support Tangerine Road, Camino de Manana, the extension of Lambert Lane to I-10 where it would connect to the Avra Valley interchange the Tangerine Avra Valley connector, and the Tangerine Interchange and an upgrade of the Avra Valley Interchange. The proposed impact fee was $6872 per equivalent dwelling unit. Like the other roadway impact fees, this fee would also have reductions in its cost based upon multifamily uses or age restricted uses with generate themselves less trips on the roadway. Mr. Brann reminded Council that in July the impact fee process was released. Tonight's public hearing is required by state mandated law, and as a result, this item has been scheduled to be brought back on December 18 for adoption if the Council so chooses. Lori Lustig From SAHBA, 2840 N. Country Club Road, addressed the Council. She thanked Keith Brann for making the presentation and discussed a step implementation plan. She stated that SAHBA will be speaking with many municipalities in the next few weeks regarding the slowing housing market and asked that the Council take into consideration approving the step fee. 10 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: NOVEMBER 6,2007 Council Member Ziegler asked Mr. Brann why staff does not agree with the six month implementation period. Mr. Brann answered that staff feels that the minimum requirement of 75 days is adequate. Mike Reuwsaat suggested that a fiscal analysis be done and Council presented with the options so that the comparison can be clearly reflected at the December 18 'h meeting. Vice Mayor Kai asked if there would be an impact on the commercial side of this impact fee. Mr. Brann stated that the commercial area would not be paying through this. He stated that commercial developments contribute more in up front costs instead of a residential or impact fee. Upon motion by Council Member Roxanne Ziegler, seconded by Council Member Russell Clanagan, the two options for the ordinance will be heard at the December 18, 2007 meeting. 5. PUBLIC HEARING. Ordinance No. 2007.29: Relating to Development; approving and authorizing a modification to the rezoning conditions of Ordinance No. 2002.16 (Kevin Kish) Kevin Kish addressed the Council regarding the rezoning conditions of Ordinance No. 2002.16. This ordinance rezoned 18.64 acres from the C large lot zone to the R144. Within that ordinance there was a restriction placed on it for a 20% disturbance as one of the conditions. The applicant purchased the property and is moving forward on a subdivision to create a 5-lot development there on the 3.3 acre minimum lot size area of the R144. During this design it has been requested to increase the disturbance area from 20% to 30%. Staff was concerned so the applicant hired Westland Resources to conduct an environmental study and found that the 30% disturbance is acceptable with some restrictions and conservation measures. The applicant has agreed to those stipulations. Upon motion by Council Member Roxanne Ziegler, seconded by Council Member Russell Clanagan, Ordinance No. 2007.29 was unanimously approved. 6. Resolution No. 2007-193: Relating to Development; requesting Federal Emergency Management Agency withdrawal of the September 17, 2007 draft "Pima County Levee Failure Analysis" floodplain maps; authorizing Town funding of a detailed floodplain study of affected areas of the Town; identifying potential future funding to reimburse study costs; authorizing appropriate Town staff action; and declaring an emergency (Keith Brann) Keith Brann addressed the Council regarding the FEMA floodplain maps. He stated that if FEMA gives the Town the time it requested, the Town will do the floodplain study. Gabrielle Giffords is currently helping the Town's efforts in this matter. Mr. Brann also stated that he has been speaking with an engineer at a possible scope for this. Funding in this fiscal year is available for a northwest Marana drainage study, but the actual study will I I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: NOVEMBER 6,2007 be broader in scope than previously anticipated. He stated that the cost allocated in this year's budget will cover the initial study only. Frank Cassidy stated that the resolution requests FEMA to withdraw its draft maps for no less than two years so that the Town has the time to do the necessary studies. This also commits the Town to fund a detailed floodplain analysis and authorizes the Town staff to use the emergency procurement process set forth in the Town Code to hire the experts necessary to complete the studies. He also stated that the Town is still looking for other funding sources. The resolution also anticipates that in the future there would likely need to be a benefit area for people who benefit from this study. The Town would pick up the tab for the existing residents - those who are existing as of the date of the maps being released. Council Member Roxanne Ziegler encouraged staff to continue to look to governmental agencies and to the private sector to help fund this study. Mike Reuwsaat commented that state land has contributed $25,000 and that there are people looking for other funding sources as well. Upon motion by Council Member Carol McGorray, seconded by Council Member Tim Escobedo, Resolution No. 2007.193 was unanimously approved. 7. Resolution No. 2007-194: Relating to Public Works; authorizing Town of Marana participation in the settlement of a potential backfill soil claim for the Honea Heights Sewer Project in the amount of up to 50% of the ultimate award; authorizing the Mayor to send a letter on the Town's behalf regarding same; and declaring an emergency (Frank Cassidy) Frank Cassidy addressed the Council regarding the Honea Heights Sewer Project. Upon motion by Council Member Tim Escobedo, seconded by Council Member Patti Comerford, Resolution No. 2007-194 was unanimously approved. K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION YL BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSIONS No executive session was held. Frank Cassidy addressed Council regarding the status of the county sewer litigation. He stated that the Town's motion for a change of venue from Pima County to Maricopa County is the only thing pending at this time. Pima County contends that Pinal County is more convenient. It will be up to Pima County Superior Court Judge to make the final decision. 12 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: NOVEMBER 6,2007 Mike Reuwsaat addressed Council regarding Proposition 200 update. He also stated that the signed Resolution on FEMA needs to be sent to the legislative offices immediately. 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. 2. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the lawsuit entitled Town of Marana v. Pima County, Pima County Superior Court No. C20076038, and to direct the Town Manager and Town Attorney with respect to that litigation and other water rights and water service issues (Frank Cassidy) N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) Council Member Carol McGorray requested the consideration of Council to meet on a more frequent basis. 0. ADJOURNMENT Upon motion by Council Member Tim Escobedo, seconded by Council Member Carol McGorray. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 6, 2007. 1 further certify that a quorum was present. V, 0 -0 rcelyn C nson, Town Clerk NZ 101 9-t. 0 RAN CpaR 0 R4 rr ./ro so sit 13