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HomeMy WebLinkAbout01/04/2005 Regular Council Meeting Minutes MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 4, 2005 I. CALL TO ORDER By Vice Mayor Kai at 7:01 p.m. TI. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kai. ill. INVOCA TIONIMOMENT OF SILENCE A moment of silence was observed. Vice Mayor Kai asked that the tsunami victims be remembered in everyone's thoughts and prayers. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray STAFF Mike Reuwsaat Jaret Barr Frank Cassidy Jocelyn Bronson Jim DeGrood Barbara Berlin Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Excused (arrived at 7:18) Present Present Present Present Present Present Town Manager Asst. Town Manager Town Attorney Town Clerk Exec. Asst. to Town Manager Planning Director Present Present Present Present Present Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Ms. Comerford said she would like to move items 4 and 5 under action items to the end of action items, following item 10. Vice Mayor Kai restated the motion, seconded by Council Member Escobedo. There being no discussion, the agenda with the change was unanimously approved as requested by Council Member Comerford. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member McGorray and second by Council Member Honea, the minutes of the December 7th Study Session, December 7th regular Town Council Meeting, and December 14th Study Session were unanimously approved. VII. CALL TO THE PUBLIc/ANNOUNCEMENTS Sandy Groseclose, Executive Director of the Marana Arts Council (MAC), addressed the meeting and offered to respond to any questions or comments regarding the 2004 Review for the Marana MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 4, 2005 Arts Council. Various Council Members commented that the murals on the tanks look very nice. Karl Horvath, 12095 West Moore Road, said the ladies of the Marana Christian Church put together a cookbook. The cost is $20 for the first copy and $10 for a second copy. Gary Henley, 11525 West Grier, addressed the problem of tumbleweeds on the property between Town Hall and Grier Road. In the recent storm, the tumbleweeds were blown onto the residential properties, and he addressed the problem, hoping some action would be taken to rectify the problem. Vice Mayor Kai acknowledged there is a problem that needs to be addressed. Mr. Henley said he has been in contact with the property owner, who said he would look into the problem. If he doesn't go by Friday, Jim has arranged to have an inmate crew to clear off the property at the property lines. VII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA Resolution No. 2005-01: Relating to Housing; authorizing staff to foreclose the Town's lien and negotiate with the owners to acquire Lot #49, Honea Heights subdivision, Pima County Parcel #217-52-0850, for the purpose of building a house as part of the Town's HOME Program. (Dan Groseclose) Relating to Personnel; approving and authorizing the addition of one (1) new position (Jane Howell) Upon a motion made by Council Member Escobedo, seconded by Council Member Comerford, the Consent Agenda was unanimously approved. B. COUNCIL ACTION 1. PUBLIC HEARING: Relating to the Alternative Expenditure Limitation (Home Rule Option) (Roy Cuaron) Vice Mayor Kai called for a motion to go into Public Hearing. The motion was made by Council Member Comerford and seconded by Council Member McGorray. The motion was unanimously approved. Mr. Cuaron addressed the Council, stating that each year since 1985, with Council's approval, the residents of the Town of Mar ana are asked to vote on a ballot measure that adopts the Home Rule Option. Under the Home Rule Option, the Town's maximum spending limits are determined each year upon adoption of the fiscal year budget. In the absence of the Home Rule, the Town's spending limits are determined by a simple MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN BALL JANUARY 4, 2005 formula that uses 1979 expenditures as the base. By way of example and to illustrate the importance of the Home Rule Option, if the Town were under the State imposed limitation for the last three fiscal years, we would have been mandated to spend no more than between $14 and $16 million dollars. Our actual expenditures under the Home Rule Option for those three fiscal years ranged from $37 to $45 million, so clearly the importance of the Home Rule Option allows us to spend our available resources rather than with some formula that uses 1979 expenditures as the base. Tonight's action is the first of two Public Hearings. The second is scheduled for January 18th, after which staff will be asking Council to adopt the resolution authorizing the measure before the voters on May 17th. Upon motion by Council Member Escobedo, seconded by Council Member Honea, the Council voted unanimously to come out of Public Hearing. 2. PUBLIC HEARING: Relating to Annexation; approving the Saguaro Springs West annexation (Dick Gear) Council Member Honea moved and Council Member Comerford seconded going into Public Hearing. The motion was unanimously approved. Mr. Gear spoke to the Council, noting that this Public Hearing is required by ARS 9-471, pursuant to thirty days after filing a blank petition for annexation holding a Public Hearing. There is only one property owner and the property owner is the one who petitioned the town to put in this annexation. It's a 22- acre piece that will complete the Saguaro Springs specific plan project, so this Public Hearing is being held for statutory purposes. Jack Neubeck, The Planning Center, 110 South Church, addressed the Council by stating that The Planning Center is representing the property owner, Empire Residential. This has been submitted to the Town. It is part of the Saguaro plan. He noted that a specific plan was being added to a portion of it. This was in exchange with Arizona Portland Cement for a buffer on either side of the cement plant road, and that is why it is being brought before Council. Council Member Comerford made a motion to come out of Public Hearing, seconded by Council Member Honea, and unanimously approved. 3. PAYSON FARMS a. PUBLIC HEARING: Ordinance No. 2004.23: Relating to Development; rezoning 107 acres of land from "A" to zone "R-6" on property located south of Barnett Road and east of Sanders Road, commonly known as Payson Farms. A motion to go into Public Hearing was made by Council Member Honea, seconded by Council Member McGorray, and was unanimously approved. Vice Mayor Kai called for any discussion on this matter. There being no discussion, Vice Mayor Kai declared the Public Hearing opened and closed. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 4, 2005 Barbara Berlin addressed the Council, stating that this matter was continued from the December 7th meeting and is brought back to you for consideration this evening. At that time staff did not have a completed development agreement, and there was some discussion in regard to residential design standards and how to handle that. Staff is proposing an additional condition on the ordinance. That would be Number 19, that the Town of Marana has not yet adopted residential design standards. When an application for preliminary plat is submitted for any portion of the Payson Farms property, the applicant shall submit, for Town Council approval, proposed residential design standards that will be applied to the subdivision. Ms. Berlin stated that before that happens staff plans to have design standards before Council for review and action; however, in the event there is not action at that time, staff wants to cover all the bases. Other than that, nothing else has changed. Council Member McGorray moved to approve Ordinance 2004.23 with the recommended conditions, including condition Number 19. Motion was seconded by Council Member Escobedo. The motion unanimously carried. b. Resolution No. 2004-168: Relating to Development; approving and authorizing the execution of a development agreement with Tri Marana Development Management and Consulting LLC, regarding the Payson Farms development project. (Frank Cassidy) Frank Cassidy addressed the Council, stating that this is actually the development agreement that accompanies the Payson Farms rezoning and simply carries forward its terms. He stated that he did have a question from Council Member Honea before the meeting about the seven-year term on the protected development rights. Council Member Honea pointed out that the action you just took, approving the rezoning ordinance, that one of the conditions, I believe condition number one, puts that rezoning in place for five years. And so his point, which is well taken, is that if we are only locking in the zoning for five years, that probably we should only lock in the vesting for the same amount of time. And since that's the action you just took,. we would suggest that the development agreement go ahead and be modified to reduce the protected development rights -- this is in Article V -- down to five years instead of seven years. That would be the only change that I would suggest. The agreement has been signed by the developer. You if chose to do that, we will go ahead and make that change, and get their approval on the change. Council Member Honea made a motion to adopt Resolution No. 2004-168, with the change of seven to five years as suggested. The motion was seconded by Council Member Escobedo and was unanimously approved. 4. Ordinance No. 2005.01: Relating to Real Estate; re-approving an exchange of real property located along the Santa Cruz River in Northwest Marana due to a change in the effective date of the exchange; authorizing the Mayor to execute an agreement with the Pima County Flood Control District and any deeds and other documents necessary to accomplish the exchange; and declaring an emergency. (Frank Cassidy) MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN BALL JANUARY 4, 2005 Frank Cassidy addressed the Council and stated that this item was before Council due to a short provision he put in the exchange agreement with the County that said the exchange should occur no later than November the 30th, thinking that was plenty of time. And then it took a little longer for the County to get around to it, so all this does is change the provision to say the exchange will occur by the end of March of 2005. Other than that, it is exactly the same exchange you saw a couple of months ago. It is the exchange along the Santa Cruz. I would be happy to answer any questions. Mayor Sutton arrived and took over the dais at 7: 18 p.m. Council Member Escobedo made a motion to adopt Ordinance No. 2005.01, seconded by Council Member Comerford. The motion was unanimously approved. Mr. Reuwsaat requested a recess at 7:20 p.m. The Council reconvened at 7:21 p.m. 5. Resolution No. 2005.07: Relating to Water; approving and authorizing the Mayor to execute an agreement with Cortaro-Marana Irrigation District and Gladden Forest LLC relating to the use of the non.potable secondary residential water system facilities within the Gladden Farms development project; and declaring an emergency. (Frank Cassidy) Council Member Comerford made a motion to adopt Resolution No. 2004.07. The motion was seconded by Council Member Blake and unanimously approved. 6. Resolution No. 2005-05: Relating to Subdivisions; approving a Preliminary Plat for Hidden Springs. (Kevin Kish) Barbara Berlin addressed the Council stating that property is a subdivision of approximately five lots, a ten-acre site, located west of Tortolita Road directly across from the Heritage Highlands subdivision. This is a project for which zoning was approved in 2002 and has had some difficulty going through some of the processes. It is the first subdivision where it has required consultation with the Fish and Wildlife Department concerning natural, undisturbed open space. That was negotiated successfully with Fish and Wildlife. The gross site area is ten acres, with the maximum allowable disturbance of twenty percent, or a little over 87,000 square feet, and a proposed disturbance area of twenty percent. The average lot disturbance is about 9,500 square feet, so this is a rather tight project in terms of the building pads versus the actual remaining open space. It does require private streets and on-site utility easements as part of the remaining disturbance. There will be a conservation easement noted on the final plat. One of the conditions that was discussed originally on the project was the possibility of a chip.seal surface on the easements, which is currently a dirt road on Tortolita Road. However, the original zoning ordinance does require the developer to provide to the development services administrator's satisfaction necessary off-site roadway improvements as deemed necessary to the Town development services administrator and Town engineer. So if there is a question about what is appropriate surface, that is left to the Town engineer and development services administrator. So there is very good chance that, in fact, that would be an asphalt-paved road. Maximum MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 4, 2005 building height on this is restricted to twenty-five feet per ordinance. and it does protect natural vegetation and will require staking so that it does not exceed the maximum twenty percent disturbance. Council Member Honea made a motion to approve Resolution 2005-05, seconded by Council Member Comerford. The motion carried unanimously. 7. Resolution No. 2004-153: Relating to Real Estate; approving and authorizing the Mayor to execute the Beacon Hill Communications Site Lease and Settlement Agreement; and declaring an emergency. This item was originally scheduled for Council approval on November 16,2004, but was continued. (Frank Cassidy) Frank Cassidy addressed the Council stating that this is a settlement agreement and lease agreement relating to Beacon Hill. Essentially, the police communications equipment has been on top of Beacon Hill for about 11 or 12 years now. The Town's former contractor of that service of that equipment stuck it up there, and basically, the Town left it up to them to deal with the property. Those dealings were, apparently, pretty casual because, eventually, when they turned those communications equipment back over to the Towns, we didn't notice for some time, that there wasn't an actual lease in hand with the property owner, the Welter family. But now that the Town is going out and buying a very expensive communication system, as you know, and placing it up there, staff felt that it was prudent to formalize the lease relationship. Staff approached the Welter family regarding the site, and this agreement settles any claims of $40,000 for back rent. It also sets $100 a month as a base rent for a ten-year lease with a 3% a year escalator. There is a slight change. This was on the agenda back in November. I thought we had a deal back then, but we didn't get it signed. I'm happy to say I now had faxed to me this afternoon a signed copy of this, so we do have this deal signed. There was one slight change from the version that was circulated in the agenda. It's in paragraph 13, relating to radio interference. The new language just rewords it a little bit. It simply says that the Town will operate the equipment in a way that will not cause interference with communications facilities maintained on that property by Marana Unified School District, Horizon, or any other lessees of the property. So with that revision, I would request that the agreement be approved. Tony Casella addressed the Council, stating that he had spoken to Bob Thomas, the school district committee, and wished them well as they go through their lease negotiations. This is about 6 to 9 months in trying to get it. And we also looked at other alternatives, other sites, and this, by far, is the best situation for us economically, even including the background, so the staff highly recommends that we approve this. If we don't approve this, the consequences are is we don't move dispatch over to the new Town Hall. Council Member Blake made a motion to adopt Resolution No. 2004-153 with the change that was suggested by Mr. Cassidy. The motion was seconded by Council Member Honea. The motion, with the change was unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 4, 2005 8. Resolution No. 2005-06: Relating to Employment; approving and authorizing the Mayor to execute the employment agreement with Michael A. Reuwsaat. (Frank Cassidy) Frank Cassidy addressed the Council, stating that this is Mr. Reuwsaat's employment agreement. He placed on the dais a very slight correction in paragraph 4, noting that some language in A and B was flip-flopped. Paragraph 4, Vacation, sick, and Administrative Leave, the vacation leave provision should have said 1.5 days per month or at the appropriate rate of Town employees of similar service. Basically, the way it works is for all employees, they get a certain amount of sick time per month. Vacation leave, though, increases as your time with the Town increases. Basically, all this does is it has the vacation leave increase in the same way that other employees increase. I'd be happy to answer any questions about that provision or any other element of this agreement. Council Member McGorray made a motion to adopt Resolution No. 2005-06 with the correction, seconded by Council Member Honea. The motion carried unanimously. 9. TORTOLITA VISTAS a. PUBLIC HEARING: Ordinance No. 2004.26: Relating to Development; repealing Ordinance No. 2004.18 and approving a request by Cottonwood Properties to rezone approximately 230 acres of land from R-144 (Single Family Residential, 144,000 square feet minimum lot area) to "F" (Tortolita Vistas Specific Plan). This item was continued from the December 21,2004 meeting. (Barbara Berlin) Mr. Reuwsaat addressed the Council. Before you, tonight, you have two actions. The first on is a Public Hearing relating to the refilling of the Ordinance No. 2004- 18 and approving a request by Cottonwood Properties to rezone approximately 230 acres of land from R-144 to "F" (Tortolita Specific Plan). This item was continued from December 21, 2004. This relates to the effort by the local community and Cottonwood Properties and then staff's additional review and changes to a new specific plan for the Tortolita Vistas. Basically, it would go from 450 lots to 155 lots. Staff is recommending two additional amendments to this to include an annex survey conducted in compliance with the pigmy owl CFPL survey protocol dated January 20, 2000, with the addition to the specific plan area, all areas contemplated for off-site improvements. In particular, we put that in as it relates to the completion of more roads and any other off-site transportation conveyance. Secondly, as condition number 18, a total number in lots, under this plan, is permitted at 155. If Tucson Water acquires a reservoir site within the rezoning area, the maximum number of units permitted shall be 150. Both of these have been communicated and conveyed to the developer of Cottonwood properties. They have agreed to both. Barbara Berlin: I'll take up where Mr. Reuwsaat left off, and that is just to point out MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 4, 2005 some of the differences between the plan previously adopted last July and the proposed plan before you. As you have heard previously, the big, basic change between the two plans is a reduction in the number of maximum lots from 400 to 155 or 150, as the case may be, if there is a requirement for a reservoir; increasing lot sizes from 6,000 square feet to 32,000 square feet. The amount of paved road is changed by about 800 feet. The specific plan calls for those roads to be private roads, which we have recommended because of the reduced number of lots and the amount of pavement relative to the number of residence served. That density, of course, drops tremendously from a little over 5 units per acre to 1.96 units per acre. And that is net density. Again, the grading, from a mass graded plan to an individually graded per-site plan, there was rather complex system for monitoring that, requiring a building envelope plan at the beginning of construction and confirmation during the process and at the completion of the development that we have recorded the as-built subdivisions that is the remaining areas outside the building envelopes will be, in fact, counted as conservation area and will remain under conservation easement. Also, the original plan did call for a private recreation area. This plan does include on-site, private trails that would count as private recreation. A few aspects of the design plan itself for the houses is the plan would allow two-story houses in any area except an area toward the northeast section of the plan. Any two-story house would have second story maximum floor area of 60% of the first floor area. The original plan limited the number of two-story houses to maximum 50%, and we are no longer including that recommendation, nor does the plan before us have that restriction, and it is custom houses on large lots. Of course, building plan and elevations will be approved by the master developer and subsequently by the Town. So we will see the plans for each of those houses. You have heard the additional recommended conditions, and I would be happy to answer any questions you may have. A motion was made by Council Member McGorray to open the Public Hearing. Motion was seconded by Council Member Blake. The motion carried unanimously. Kim Poynton: I serve as the chairperson for Citizens for Responsible Growth in Marana. On behalf of our members, I appreciate your willingness to reconsider the Tortolita Vista specific plan as amended to make it a less intense development plan. It is our view that the revisions will provide a development compatible with the character of our neighborhood. We fully support the repeal of the prior specific plan to eliminate the referendum, as well as adoption of the revised specific plan. Again, we appreciate your consideration of this request. Mr. Reuwsaat: Mayor, Members of the Council, I want to be real clear. This is not an amended specific plan. This is a repeal of the existing specific plan and the approval of a new specific plan. A motion to close the Public Hearing was made by Council Member McGorray, seconded by Council Member Blake. The motion carried unanimously. David Mehl, 3567 East Sunrise: I just want to simply thank the staff and all of you MINUTES OF REGULAR COUNCn. MEETING MARANA TOWN BALL JANUARY 4, 2005 as the Council for all the time and effort that has gone into this last 30 or 60 days of discussions. I appreciate your time, especially this holiday season. The staff really went through some extra time reviewing our plan, reviewing the amendments, and I simply want to thank you for the courtesy you've shown us, and also would like to answer any questions if there are any additional questions. Mayor Sutton: I'd just like to say, before we call for a motion on this, I'd like to thank you for coming up and speaking so eloquently and saying that this should have been an easy change. But we get to a point where it seems to be a struggle and head butting and things are mentioned in the press instead of brought up to us to work out a solution, and someone like yourself coming up and saying that you're good with the changes, it fits the environmental needs. I think Marana has shown that we're very environmentally sensitive. We put some good projects out there. We'll work to whatever end we need to get to. The means by which we get to it is sometimes a struggle, but it doesn't have to be. So I thank you for your words. And I know David has been through some trials and staffs work on this to get this turned around this quickly, I know, was not easy, but we all knew it was a great project. It was a great project where it started. Were we got it to now, I think it will be a model project in the community. So I thank staffs hard work and the quick turnaround on that. Vice Mayor Kai made a motion to approve Ordinance No. 2004.26 with the two amendments proposed. The motion was seconded by Council Member McGorray. The motion carried 6 to 1, with Council Member Escobedo voting nay. Council Member Honea: I voted for this motion, but I do want to make a comment to the applicant. You guys really screwed up on this issue, as far as I'm concerned, with the Town. I was going to vote no with my friend, Mr. Escobedo, but I am really happy with the end product. I am very discouraged with the way we got there. The fact that the Town ofMarana was left out of the discussion until you got to the final plat and final that's going to happen. I am also very disappointed that we didn't go back the procedures that this Town has set up. We have our chairman of our Planning Commission. There were major changes made to this specific plan - - major changes. Lots were five times as big. We went from private to public roads, and there were a lot of things done. And I really felt we should have went back through the procedure again. Our planning commissioners, we've given these people the opportunity to serve this Town, and they should have had that opportunity. And I will guarantee you, if you ever bring one back like this again, I will vote no on it, whether I like the end product or not. b. Resolution No. 2004-174: Relating to Development; repealing Marana Resolution No. 2004-100; approving and authorizing the execution of a revised development agreement regarding the Tortolita Vistas development project. (Frank Cassidy) Frank Cassidy: This is the development agreement accompanying the action that the Council just took. And unfortunately, you're going to think I had too much Christmas eggnog with all the changes, but we did notice an error on page one of the MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN BALL JANUARY 4, 2005 Development Agreement. It refers to the Tortolita Vistas specific plan, adopted December 21, 2004, which is when the hearing was a couple weeks ago, and of course, it didn't happen then. So we are going to need to strike December 21,2004 and enter January 4, 2005 there. But with that change, I would recommend approval. We did make some changes. This replaces the development agreement that was adopted in July. This resolution will actually repeal that one. It makes some additional changes that conform to the changes in the project. For example, as Barbara mentioned, we have to track the natural open space differently. Those provisions are now stuck in here. So I would be happy to answer any questions you might have. Vice Mayor Kai moved to adopt Resolution 2004-174 with the date change as Mr. Cassidy indicated. Motion was seconded by Council Member Comerford. The motion was unanimously approved. 10. Resolution No. 2005-02: Relating to the Silverbell Road Corridor Overlay District Design Review; ratifying the recommendation of approval by the Manager's Design Review Committee regarding design review for Northwest Medical Center. (Barbara Berlin) Barbara Berlin: You have before you Resolution 2005-02. This is relating to the Silverbell Corridor District Design Review. This action before you is to request ratification of the recommendation of approval by the Manager's Design Review committee regarding design review for the proposed Northwest Medical Center. There is a site plan enclosed with your packet that shows 8 free-standing buildings that will be developed in two phases. This review pertains only to Phase I only of the project, which includes building one, shown on the accompanying site plan. Subsequent developments of buildings 2 through 8 will require review and approval, via the Manager's Design Review committee and Town Council as well. I will be happy to answer your questions. Council Member Comerford: I have a lot of concerns with this one. It is a major, major disappointment in the way this came about. The fact that an urgent care is coming to the area is wonderful. It is well needed and way overdue for the residents out there, and that is appreciated. The site and the location where this ended up is of major disappoint to me. I am disappointed in the way it was handled by Northwest Hospital, and I am disappointed in Diamond Ventures and the way they handled the project as well. Having said that, I am not crazy about the location of this. It was originally intended to be at the comer of Silverbell and Cortaro behind the Walgreen, which, being that that is a commercial area, I felt it was a more appropriate place for it to be. Having said that, the current location is also commercial, so who knows what could have ended up there. But say that, I am still disappointed. And I am disappointed in this: there were statements at a study session stating that there were going to be public meetings about this. The one public meeting that I heard about was the date was changed so many times and then cancelled. When I called staff, they told me it was cancelled, and I was not able to attend. So I am angry about that too. They were going to have all these public meetings and get the community involved in this. That is the only one I heard about, and then it did occur. I know the meeting occurred because I heard there was standing MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 4, 2005 room only. Imagine if it had been published correctly. I am tormented by it. I don't like developers coming to us and telling us how to plan our town, and I am here to say I am angry this night as well, and I hope it never happens again, number one. and number two, as much as the community needs this site, I have some major concerns of safety. I'm not an expert, but I have lived there for 10 years, so I have some major concerns with some of the things that are there. I have concerns with an second and additional traffic light going up at Continental Reserve and Silverbell, with the new construction of the new one at Silverbell and Wade. I am not a traffic engineer. I don't propose to be one, and I don't propose to know what is absolutely right, but that seems awfully close. I am disappointed with the right-in and right-out only. I am just terribly disappointed and not happy with the project. And that's all I have to say. Council Member Blake: I have my own comments to add to Council Member Comerford's comments. I, too, am disappointed in this project, very much disappointed. I think it is the wrong project in the wrong place at the wrong time. I don't think sufficient thought has been given to traffic considerations. I don't are about your traffic signal, which is less than a quarter mile from the Wade Road signal, which we have just installed. I think that is too close together. Besides traffic concerns, I don't think enough thought was given to it. There will be a 2,000-home project going in just the other side of Rattlesnake Pass, which will provide traffic down Silverbell. This site will attract customers, if you will, from Avra Valley, from Picture Rocks, from areas south of the site, also, area east of 1-10. And I think, with a little bit of thought, you would have found a better location for it. As a matter of fact, I could tell you. But if I mention it, I am sure someone would say that I was promoting a different property owner, and I won't do that. I am wondering if you are prepared to add the additional deceleration lanes and acceleration lanes that are going to be required by this project. This was something that was promised for the Continental Reserve project itself when it was first approved. I will expect it to be provided. Assuming it is accepted, whatever is required by this project, I would expect that to be taken care of prior to its opening because it is not that difficult to figure out how much more traffic it is going to cause. I also suggest that you may get some backlash that you are not anticipating: The Tucson Mountain Association, from the people who live in the county area because of the height of the building, you have chosen to use the maximum height available to you, 20-foot high buildings within the residential area of Continental Reserve, and I don't think those people are going to appreciate it. I know I wouldn't. So I am very much disappointed with what you have done and with the way you went about getting it done. As far as I know, there was only one neighborhood meeting, which was well attended. And as has been stated, it wasn't that well publicized. At any rate, I oppose this project, and I shall vote no. Barbara Berlin: I believe Member Comerford did raise a question. I do know that there was a neighborhood meeting held. It was the same night as the planning commission, so I don't believe there were staff in attendance, but we did receive that notice. After the meeting, if you will tell me who, I will be happy to follow up on the miscommunications. I do wish to speak to you after the meeting about that. The issue of the traffic light is such that there would be a traffic signal installed at the intersection of Continental Reserve Loop and Silverbell road at the time it is warranted, that is, only MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN BALL JANUARY 4, 2005 if the traffic meets the warrant to require a traffic signal, and it will be measured by the engineers, of course, to determine that the minimum length has been achieved so there will be no danger that, if there was a light installed, it would meet all requirements for traffic safety. I am not sure if there are other questions other than process. I certainly hear your concerns and will convey those concerns to the members of the Manager's Design Review committee. I believe the applicants are in attendance. Council Member Blake: Let me make it clear. I am not expressing the concern with the Design Review committee. I am sure they did their job the way they should have and that their report had expectations. Michael Racy, 535 West Burton Drive: I am not going to defend the earlier process that took place with various parties on various sites. The various companies that own the land and the hospital were involved in that. They are all very big boys. It was very badly handled, and it was personally embarrassing for me. As you all know, I represent the parties that own both parcels of land. Having said that, we are where we are. They are both acceptable sites. A lot of traffic analysis has gone into this site. All the improvements, Council Member Blake, will be installed and put in before the facility is opened. The traffic studies are all based on the maximum potential build out for the site. And the notice for the neighborhood meeting was sent out to well in excess of 4,000. It may have been in excess of 5,000 cards. I can't speak to what confusion took place. I know Council Member McGorray attended the meeting. We did have a number of staff members of your staff that attended as well. Mr. DeGrood was at the meeting, and Harvey Gill was at the meeting. And I believe there was also another staff member there. We had a very good turnout. We had questions traffic, and I think the people in attendance were quite comfortable with the information we provided on that. And the then the remainder of the comments were really about medical care in the community: What is an urgent care facility? and when is it going to be able to open? And when I walked around the room, with well over 100 people at the end of the meeting, that was the question that I got again and again and again: How quickly can you be open? I don't want to have to drive to Ina and Shannon. I don't want to have to drive to Oracle and La Cholla. This site has some traffic constraints. The site at Silverbell and Cortaro has some traffic constraints. When we first looked at this many years ago, in fact, there was discussion, also, of a site at Coachline and Silverbell. And the very reason for that was to try to separate and bring closer to the community the service type uses and separate them from the retail type uses that exist on the Silverbell corridor. But they are both sites that could have happened. There is no question. With respect to the building height, there is a central portion of the building that goes to 30 feet, but it is very narrow. It then immediately drops down to 23 feet, and then it drops down to 19 feet. The same reduction and aspect takes place on the ends of the building, as well as on the sides of the building. The building height was explicitly discussed in the neighborhood meeting. It was not a concern, and we had many, many neighbors from across the street and from Continental Reserve. This is the first project to go through the SCOD, Silverbell Commercial Overlay District, think, which name I can never remember, and received unanimous approval from that committee. That committee included Bob Anderson. That committee includes Larry Shaw. That committee includes Dan Sullivan. These are people that live across the street from this project. These are people that, when I started MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 4, 2005 on the Continental Reserve project, were opponents of the project and are now strong supporters of the project, and they are strong supporters in this use in this location. It was unanimously approved. I hate to dwell on the unfortunate way it was handled with respect to the two sites early on, because it really was. All I will add is that at the end of the day, Mr. Wexler made the motion on the Silverbell Overlay committee, and was part of the unanimous vote to approve this design on this location. With that, I would be happy to answer any other questions. Thank you for your support. Mayor Sutton: I have one quick question. Who knows how high Northwest Fire is over there? Any idea on how they're building it? Find that out. I would just like to know. Council Member Comerford: You are so wrong, Michael. Shame on you. This has nothing to do with who. It has to do with where it was told, originally, the property is. I don't care who owns the land. Shame on you for saying that to me. It doesn't matter. What matters, in my opinion, mine only, one of seven, where it should have been, where it said it was going to be. Town Manager Reuwsaat: I understand and respect that. I didn't mean to suggest, for a second, it had anything to do with the property owners. You know it doesn't. I know it doesn't. And I also know that it had been discussed, for years, on the other site. I agree with that. I like the other site better. I don't own either of them. I don't own the hospital. None of us do. And I apologize if you thought that that is what I was implying, because it absolutely was not. Mayor Sutton: We were all there when they started right behind the Walgreen sight. I made sense. I agree with Patti and a lot of things she said. Jim may have misspoke because he said it was the wrong time. It's not the wrong time. Urgent care for this area is -- besides the In-and-Out Burger, it is the most talked about thing. (There was a blank space on the tape. -- Watergate? Loll) It is needed. We were all there when it started. It was going on a piece by Walgreen. It made a lot of sense. You have a council that is so proud, plus, several of us are residents in Continental Ranch. The look feels right. Of course, the Sonic going on the piece or the type of development that was going to go on the piece, none of this board would have wanted, but it is a commercial use, and they are going to do what they need to do on it. You have some personal opinions on why it should have been there, where it should have been. I am very unhappy we have three pharmacies on three comers at Cortaro and Silverbell. There is nothing I can do about that, commercial uses. I would have loved to plan that differently, do something differently, have a better look. We weren't able to do that. But the people in a community, barring the years of heart, sweat, and blood put into this thing and getting us our hospital in the area, as most people are calling the urgent care center, it is someplace they bring their kid when they break their arm at practice. People want the thing. Where it ends up, the people I have talked to could care less, but they don't have to deal with the traffic issues, things like that. The project, people are going to look at it and look back the whole Council and say, man, there is one of their better decisions, because down the road, we are going to be judged by things. People who are living 15, 20 years from now, the decisions we made and what is out there, and if they are waiting a lights a little bit, they may understand, well, we did get an urgent care right in the middle of MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 4, 2005 town. And I would have loved it at the Coachline and Silverbell location because I could have went over the fence and walked them over there. My kids are in there all the time. Like the previous item tonight, people have very strong feelings about what goes in this community, not only as a council member, but a resident and a homeowner in the area. Most of us have kids or grandkids that are going to be using that facility. And the people I have talked to, besides developer-staff-council banter and where it should be, I have not heard a negative think about this project. People want it. We have a very competent, very professional staff that is going to figure out the traffic things. I don't worry about those things on hardly any projects anymore. First, I don't understand it. Much brighter people than me get to handle that, and they do a good job of it and haven't left us hanging yet. Diamond Ventures has not had a project has not had a project that I know of that has left us hanging yet. You have represented us well. You have represented them well. Understand, I don't think any of it is personal, and I know your comments weren't coming back personal, but there is a lot of emotion tied to something like this because we worked on it. I mean, how long ago was that? Was the 5 years ago, now, when we first started looking at the urgent care center? Besides the Twin Peaks interchange, it is probably something that has been on our minds the longest, so you are going to have more tied to that. I am excited about the building coming in. I think I have got to hit all three lights. I don't think other council members here have to hit all the lights because they have already bypassed a couple -- Patti does and Jim does. It is going to be a great project. The residents are real excited about it. I have talked to all parties involved, and you are right, there is nothing there. If it was a couple years ago when it all started, that is all gone and I haven't heard a word of it, so we will move onward and forward. Council Member Blake: I would just like to remind Michael and possible some of the members of council who were present who were on P & Z at the time, there is another site for which such a facility was specifically considered. What was it, 8 years ago? Mayor Sutton: Out by the golf course? Town Manager Reuwsaat: It is actually a full-blown hospital site. Council Member Blake: No, it wasn't for a full-blown hospital. It was for an urgent care facility. Mayor Sutton: The seven story one? That was for a full-blown hospital. Council Member Blake: No, that was for doctors' offices, because one of the ideas was to make sure we had doctors in this area to service the community. It was also a much better location with respect to traffic. I don't know why it has been totally overlooked because I haven't heard it mentioned since it was approved. Mayor Sutton: You and I have actually talked about that one. The frontage road issue and the loop road with the possible traffic coming off ofthat eventually, actually, didn't look as good as we thought that was going to look for that type of facility. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 4, 2005 Town Manager Reuwsaat: Correct, our challenges, and something very nice will go on that site. I mean, to be candid, it is an extraordinarily expensive site. That is, to be very honest, why you haven't seen more there. Just very, very briefly on the traffic signals: obviously, as mentioned, that will be based on a warrant study. It is not warranted now. It is not warranted or expected to be for many, many years, and it is not clear that it will ever be necessary, especially once the Twin Peaks interchange opens up. So it is not a given that you will have another traffic signal there, but it certainly is a possibility, and it will depend on the traffic patterns in the area. Council Member Comerford: Hopefully, you don't have to go across left around 8:00 o'clock in the morning or 5:00 in the evening. Town Manager Reuwsaat: Currently that is very, very difficult. Twin Peaks, when it opens, will certainly help with that, because that northbound traffic will be able to go straight over on Twin Peaks to get onto the interstate and bypass some of that area. Council Member Blake: One other thing I would like to mention: I think Northwest might be surprised to find out how many people, once Twin Peaks interchange is open, will look at that and say, instead of going to an urgent care center, I can go to an emergency in less than 10 minutes. I could end up down at Northwest Hospital itself and not have to go and sit in an urgent care room for who knows how long. A motion was made by Council Member Escobedo to approve Resolution No. 2005-02, with the recommended conditions, seconded by Council Member McGorray. The motion passed 4 to 3. Council Members Comerford, Blake and Vice Mayor Kai voted against the motion. c. MAYOR AND COUNCIL'S REPORT Mayor Sutton called for reports from Council Members Honea, Blake, McGorray, Escobedo. They each had nothing to report. Council Member Comerford said Dream Dinners opened today and she attended the opening. Mayor Sutton said he was glad to work with a council that actually doesn't phone it in, and we will stick by what they believe and fight for what is best for this town. If we keep doing that, Marana will keep being the best place to live, work, shop, and play. Mr. Reuwsaat: A couple of things have come up in the last week. There has been some discussion about our lack of success of keeping rain away from our major events, and the potential of a rain date for our Founder's Day. After having some extensive discussion, I think we will have enough tents to hold it, rain or no rain. The only event that would become an issue would be the parade. Each calendar year we have a meeting at Continental Ranch and we have one in Dove Mountain. So I would like to go ahead and schedule meetings outside this council chamber, and will be getting with you on those dates, working with Jocelyn and letting the public know. The good news is that we now have an additional polling site. Working through Mr. Huckelberry and through Jocelyn, Tim and others involved with it, MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 4, 2005 we will have a polling site at Heritage Highlands. I think you have the new Chamber directory. It is a nice piece of work. I had a very good meeting with Jan Lesher from the Governor's office yesterday. They are very interested in what is going on in Marana. Folks in Phoenix have a good opinion and want to be a part of what we are, and we will be personally inviting the Governor and others to the ribbon cutting ceremony at Founder's Day, also, hoping to get them there to the new facility. Jim DeGrood: We are going to be sending about 100 mailings out tomorrow. They will be addressed to all the property owners that have either been removed from the flood plain or removed from the floodway of the Santa Cruz River in the Berry Acres area. On March 10th when the letter and map provision becomes effective, there will also be about six letters that will go out to property owners who have homes that remain in the floodwayand will, basically, be asking them to come down and visit with us and decide whether or not they want to try to apply for the flood-prone land acquisition that the County flood control district has. We will want to engage in a dialogue with those folks. I have already had one discussion with one of the property owners who has indicated he may well try to appeal or ask for an appeal of the floodway determination. In spite of this information, he is indicating he wishes to get a variance to build a site-built home where he presently has property. The other thing I want to let you know about is that the traffic signal at Wade and Silverbell is turned on, and it will go into standard operation tomorrow. D. FUTURE AGENDA ITEMS: Council Member Escobedo: I would like to staff to look at the possibilities of moving our election cycle from where we currently are in March to possibly the same election cycle as presidential and congressional elections, September and November, I believe. Mr. Cassidy: We would have the ability to move it. The statute allows us by ordinance to move it. Of course, you can't move it in a way that extends all your terms. You would have to move it in a way that reduces your terms by a little bit. x. ADJOURNMENT Upon a motion by Council Member Escobedo, seconded by Council Member Comerford, unanimous approval to adjourn was given. The time was 8: 17 p.m. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 4, 2005 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council regular meeting held on January 4, 2005. 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