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HomeMy WebLinkAbout12/04/2007 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4,2007 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 INVOCATION/MOMENT OF SILENCE Brad DeSpain gave the invocation. C. APPROVAL OF AGENDA Approve as amended: Moved by Council Member Carol McGorray, Seconded by Council Member Tim Escobedo. Item 1. 2 was moved to Item J. 1. Items 1. 5 was removed. Item K. I was removed. D. CALL TO THE PUBLIC David Morales addressed Council and asked for the possibility of making the Town a City by putting the option on the next election ballot. He also stated that he would like to see plans for a cemetery in the near future and requested that a hexagonal water fountain be built to honor the founding fathers of Marana. E. PRESENTATIONS 1. Presentation: Results of the Draft Wastewater Basin Study prepared by Westland Resources, Inc. (Barbara Johnson) Barbara Johnson introduced Tom Martinez who presented. Mr. Martinez presented on behalf of Westland Resources, Inc. regarding the sewer basin study. He stated that the I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4, 2007 study will serve as the basis for several other documents including clean water act amendments, rate studies, connection fees, etc. He stated that wastewater flow projections can also be used by the town to establish programs for reclaimed water re-use as well as programs to help the town plan for its long term assured water supply. Mr. Martinez explained the planning area of the study and stated that there are multiple jurisdictions included: Pima and Pinal Counties. He stated that development densities were projected, allowing them to predict when and where development will occur. Mr. Martinez summarized that the draft report is a work in progress and that Westland will continue to work incorporating input from the Town on its content and assumptions. ANNOUNCEMENTS/UPDATES - PROCLAMATIONS - Ms. Bronson read the proclamation for Marana Broncos Mitey Mite Blue. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray thanked everyone who donated to the Marana Food Bank Council Member Escobedo announced upcoming events for Miracle's Inc. and the Food Bank. He announced that at the opening of Tower Theatres there will be an opportunity to donate food or toy items. Mr. Escobedo encouraged everyone to donate toys for Miracle's Inc. and announced their upcoming events. Council Member Comerford thanked the Mayor for going to Marana High School for the song writing contest event. A Marana High School student was chosen to have her song published. The event was sponsored by Great American Country Music. Mayor Honea thanked the young Bronco's football team for attending the meeting. He also stated that the song writing event at Marana High School was enjoyable and encouraged more people to support Marana's youth. The Mayor attended the Governor's / Mayors conference in Phoenix where the Governor talked about the Growing Smarter Program and transportation. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mike Reuwsaat spoke regarding FEMA. He stated that the letter from FEMA has still not been received and probably will not be received until the end of the week. H. STAFF REPORTS GENERAL ORDER OF BUSINESS 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4, 2007 1. CONSENT AGENDA 1. Resolution No. 2007-204: Relating to Administration; approving and authorizing the Geographic Information Systems (GIS) Department to change its name to Applications and GIS Services (Joe Lettrick) 2. Moved to Item J 1. Resolution No. 2007-205: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for the design and construction of the Right Turn Lane at Silverbell Road and Coachline Improvement Project (Barbara Johnson). 3. Resolution No. 2007-206: Relating to Development; approving a release of assurance for Ironwood Reserve Block I and acceptance of public improvements for maintenance (Keith Brann) 4. Resolution No. 2007-207: Relating to Development; approving a release of assurance for Continental Reserve Block 16B and acceptance of public improvements for maintenance (Keith Brann) 5. Resolution No. 2007 208; Relating to Development; n. release o nssuranee Shadows Development and aeeeptanee of publie improvements for maintennnee (Keith Brann) Removed 6. Resolution No. 2007-209: Relating to Development; approving a release of assurance for Gladden Farms Blocks 18 & 20 and acceptance of public improvements for maintenance (Keith Brann) 7. Resolution No. 2007-210: Relating to Information Technology; approving and authorizing a donation of previously used computers and computer equipment to Miracles, Inc. of Arizona, a non-profit corporation (Anthony Casella) 8. Resolution No. 2007-211: Relating to Budget: approval of fiscal year 2007-2008 budget adjustments (Erik Montague) 9. Resolution No. 2007-212:, Relating to Development; opposition to development of the Rosemont Mine in the Santa Rita Mountains (Barbara Johnson) 10. Minutes of the regular meeting of November 6, 2007. Moved by Council Member Carol McGorray, seconded by Council Member Patti Comerford, the Consent Agenda was approved as amended moving Item 1. 2 to Item J. 1. and removing Item 1. 5. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4,2007 J. COUNCIL ACTION 1. Moved from Item L 2. Resolution No. 2007-205: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for the design and construction of the Right Turn Lane at Silverbell Road and Coachline Improvement Project (Barbara Johnson) Barbara Johnson stated that the RTA had given the Town an additional $5,000 and this is why the item was pulled from the consent agenda to the action item agenda. Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Carol McGorray. 1. Resolution No. 2007-213: Relating to Community Development; approving and authorizing an intergovernmental agreement with Pima County for the management and implementation of the 2007-2008 Community Development Block Grant Program (T. Van Hook) T. VanHook addressed Council regarding the CDBG program and asked Council to approve the IGA with Pima County. She stated that the funding can be used anywhere within Town Limits for qualified homeowners. Motion: Approve, Moved by Council Member Tim Escobedo, Seconded by Council Member Carol McGorray. 2. Resolution No. 2007-214: Relating to Personnel; approving and authorizing a contract with Milliman Consultants and Actuaries to provide a town-wide compensation and classification study; and declaring an emergency (Erik Montague) Erik Montague stated that in October 2007, the town formally solicited proposals for a town-wide compensation study. As a result of that formal solicitation, the town received submittals from two firms. A committee was assembled to evaluate both proposals and Milliman Consultants and Actuaries was deemed the most qualified to perform the study. Motion: Approve, Moved by Vice Mayor Herb Kai, Seconded by Council Member Russell Clanagan. 3. Resolution No. 2007-215: Relating to Development; approving and authorizing a final plat for Saguaro Ranch Phase IIIA (Kevin Kish) Kevin Kish spoke regarding Saguaro Ranch Phase IIIA, a 34 lot custom home development. He stated that approval of the final plat does not alter the existing easement and that Saguaro Ranch Development will be working with Pima County to relocate the easement in the future. This project also has a disturbance restriction on it: maximum of 20% of the project area to be disturbed. Frank Cassidy reminded the Council that final plats are generally placed on Consent agendas because they must be approved if they meet all requirements. For this particular plan, in addition to the normal rules and regulations for plats, there is a pre-annexation 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4, 2007 development agreement with respect to this, and that is why this final plat is on the action agenda. He stated that this plat does reflect the full 200 foot easement going through it. Ken Maus, 13815 N. Como Hills Drive, stated that the issue is a matter of where the access is going to be and what kind of access it is actually going to be; vehicle or trail. His concern was who will be able to access it. He asked for Council to please consider the concerns and hesitations that he has regarding this proposed development. Tim Blowers, 13950 N. Siefert Est. Dr., addressed Council stating that he believes Saguaro Ranch is poorly planned and that there are going to be many needs that will go unaddressed with the approval of this development. He asked Council to please consider the implications of approving. Mark Van Ert, 13975 N. Tortolita estates Rd., resident of Pima County and professor of University of Arizona spoke regarding the easement issue. He stated that meetings between Mr. Huckelberry and Saguaro Ranch occurred which tried to concede the easement to Saguaro Ranch. He stated that he believes the 200 foot easement must be preserved and that if a plat is approved, then all precautions must be taken to ensure that all easements are preserved. Mr. Cassidy once again addressed Council regarding final plats approval process and answered Council questions regarding so. Motion: Approve, Moved by Council Member Carol McGorray, Seconded by rice Mayor Herb KaL 4. Resolution No. 2007-216 : Relating to Personnel; approving and authorizing an additional paid holiday on December 24, 2007 as a special one-time employee appreciation event; and declaring an emergency (Mike Reuwsaat) Mike Reuwsaat asked Council for consideration of granting employee's Monday, December 24, 2007 the day off to spend with their families. Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Tim Escobedo. 5. Resolution No. 2007-217: Relating to Liquor Licenses; recommendation of disapproval to the State Liquor Board for a new license for a limited liability company for a No. 04 (Wholesale) liquor license submitted by Edgar Distel on behalf of Croesus, Limited, LLC, located at 6890 N. Camino Martin, Suite 130 (Jocelyn Bronson) Ms. Bronson stated that the Marana Police Department investigated the application and prepared a memorandum which was forwarded to the applicant recommending disapproval of the application. The applicant, Ed Distel, 8550 N. Mulberry, was present and answered questions asked by Council Members. He answered questions about being arrested and being disbarred. He stated that it was his son who stole checks in his name, therefore, he was arrested for something he did not commit. He also stated that he stopped law practice at about the same time his son stole his checks. Motion: Approve 6-L Moved by Council Member Russell Clanagan, Seconded by Council Member Carol McGorray. CouncilMember Comerford - no. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4,2007 6. Resolution No. 2007-218: Relating to Development; ratifying design approval for the development known as Silverbell Animal Medical Center (Kevin Kish) Kevin Kish stated that the proposed animal medical center is 6218 square feet, a one story structure with a building height of 25.2 feet. The building will be comprised of stucco finish over metal frame, masonry stone glass accents, and a metal finish roof. He stated that staff has reviewed the proposal and has approved the plan subject to the two conditions found in the staff report. Motion: Approve 6-1, Moved by Council Member Roxanne Ziegler, Seconded by Council Member Russell Clanagan. Council Member Comerford - no. 7. PUBLIC HEARING. Resolution No. 2007-219: Relating to Development; approving and authorizing the 2007 Marana General Plan (Paul Popelka) Paul Popelka presented the 2007 Marana General Plan to Council. The Plan is an update of information and updated changes over the past five years. It is a revisit to all of the goals and policies and actions that define what Marana is and does. There are ten chapters to the General Plan. Mr. Popelka stated that the most significant chapter is land use. The planning area is approximately 240 square miles expanded north into Pinal County. The goals in land use revolve around sustainability, natural and cultural resources, and diversity and the quality of development in Marana. Mr. Popelka also stated that the General Plan shows the key features of the community. Tim Bolton, 8815 N. Sky Dancer Circle, representing the Arizona State Land Department, addressed Council regarding some of the concerns with the General Plan. 1h The concerns were addressed to the Planning Commission on November 14 . Some of the concerns are up in the Red Rock area as well as some of the interchanges near Pinal Air Park. Mr. Bolton's main concern with the land use map is the non-realization of the State's conceptual planning efforts in and around the airport area. He stated that the vast amounts of industrial areas are not correlating with the State's conceptual plan in this area. One of the other concerns includes environmental elements and the 30% disturbance policy. Mr. Bolton stated that the concern is that the ACP is still in process and feels it is far too early to be establishing a 30% disturbance restriction before U.S. Fish and Wildlife has the needed amount of time to review the section ten consultation. Mr. Bolton then answered a few questions from Council. Pike Oliver, with WU Holdings, 1121 W. Warner Road Suite 109 in Tempe, AZ, addressed Council representing owners of the La Osa Ranch Properties. He stated that there is an ongoing research effort with the La Osa Ranch Properties and it is their concern that the master planning for the property be addressed within one jurisdiction, so that the entire property is considered as a whole. They do not want to see the property split up into smaller sections as it would not serve in their best interest. Mr. Oliver stated that expanding the planning area into the La Osa properties is inappropriate at this time. Lori Lustig, 2840 N. Country Club Road, representing the Southern Arizona Homebuilders Association, addressed Council asking for a continuance of this plan. She stated that their main concern the verbiage of the HCP as currently written. She suggested alternate wording. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4,2007 Paul Green, 4560 W. Cortaro Farms Road, addressed Council supporting a delay/continuance of the General Plan. He stated that it is the Town's responsibility to look after the native species in the area. Diana Tholton, a member of the Tucson-Pima County Bicycle Advisory Committee, addressed Council supporting the Marana General Plan. She stated that they want to see clean air, low noise, places to exercise, community neighborhoods with places that you can walk and ride to. She stated that she would like to see the Town and the Bicycle Advisory Committee work more closely together and supports the Marana General Plan. Carolyn Campbell, 300 E. University, representing the Coalition for Sonoran Desert Protection, addressed Council regarding their concerns with the General Plan as stated in the letter that was given to Council. The issue with the General Plan's future land use map is the industrial designation at the regional wildlife corridor. She also spoke regarding the HCP and that stated that the Coalition believes the General Plan and the guidelines within that should be adopted first. Paul Wichmann, with Southern Arizona State Land Department, addressed Council regarding the Tortolita Fan Area. He stated that the State Land Department wants to work with the Town and that they need some more time with staff to work on some of the issues relating to the General Plan. Motion: Approve to continue to December 11, 200 7 at 6. 00 p.m. Special Meeting, Moved by Council Member Tim Escobedo, Seconded by Council Member Carol McGorray. 8. PUBLIC HEARING. Ordinance No. 2007.30: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as Trico-Marana Revised Annexation comprised of approximately 526 acres of land within Pima County (Kevin Kish) Vice Mayor Kai declared a conflict of interest and left the dais. Kevin Kish stated that this is a 526 acre annexation. All necessary paperwork and procedures have been followed and recommends Council approval on this matter. Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Roxanne Ziegler. 9. Resolution No. 2007-220: Relating to Development; adopting a notice of intent to enter into a retail development tax incentive agreement for the Marana Spectrum project proposed to be located at the southeast quadrant of Interstate 10 and the future Twin Peaks/Linda Vista interchange (Frank Cassidy) Frank Cassidy stated that the State Statute that deals with retail development tax incentives requires that there be a notice of intent adopted at least fourteen days before the Council considers the adoption of a retail development tax incentive agreement. He stated that this resolution serves as the notice of intent and recommends Council 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4,2007 approval. Motion: Approve 6-1, Moved by Council Member Russell Clanagan, Seconded by Council Member Roxanne Ziegler, Council Member Comerford - no. K. BOARDS, COMMISSIONS AND COMMITTEES a. Resolution No. 2007 221; Relating to Community Fneilities Distr-iets; or-der-in deelar-ing for-mation of-the Gladden Far-ms Phase 11 Community Faeilities Distr-iet-,- fq I . - 1 auther-izing the exeeution and delivery of a Distr-iet Development, Finaneing Par-deipation and inter-gover-nmental Agreement (Gladden Far-ms Ph 11 Community Faeilities Distr-iet (Er-ik Montague) Reme ved from agenda to a ffitur-e meeting.-Removed L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 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. 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) Motion to go into Executive Session: Approve 6-1, Moved by Vice Mayor Herb Kai, Seconded by Council Member Tim Escobedo. Council Member Comerford - no. N. FUTURE AGENDA ITEMS 0. ADJOURNMENT Motion: Adjourn, Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 4, 2007. 1 further certify that a quorum was present. 41 V PORMATE lyn C. 13/6son, Town Clerk SEAL 8