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HomeMy WebLinkAbout12/18/2007 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 18, 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 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 Fr. Tadeo of St. Christopher's Catholic Church gave the invocation. C. APPROVAL OF AGENDA Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Carol McGorray. D. CALL TO THE PUBLIC David Aquino, 12732 N. Cornaro Drive, addressed Council regarding lack of adequate activities for youth in the evening. Lori Lustig of SAHBA thanked Council for staff s business and professional exchange in their continued work with SAHBA. Arnold Burrell addressed Council to inform them of a calf roping event he and his group will be holding during Rodeo Week in Marana. The event will be called the Marana Calf Roping Invitational and will be held on February 18, 2008. I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 18, 2007 E. PRESENTATIONS 1. Presentation on The Shops at Tangerine and 1-10 Motorplex at Tangerine Specific Plan Kevin Kish introduced Mitch Stallard of Westcor. Mr. Stallard gave Council a brief summary of The Shops at Tangerine. He stated that the intended uses are for retail, auto mall, and possible hotel uses. The Shops will be an outdoor type center with out parcel pads, restaurants, and an auto park. Additional traffic studies will be conducted in cooperation with the Town. Mr. Stallard stated that Westcor will step forward and pay for their fair share of the impacts of the development. A neighborhood meeting was conducted with residents from the surrounding area and there were no objections to the project, but many comments in support of the shops. He stated that the design guidelines created by Westcor for this project are very thorough, so as there will not be a question to any design element for the project. ANNOUNCEMENTSIUPDATES - PROCLAMATIONS - F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Vice Mayor Kai attended the Colorado River Water Users Association in Las Vegas. Mayor Honea stated that the change of litigation on the wastewater issue was granted. The litigation will be heard in Phoenix G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson let Council know that staff has made ample notification of closed offices for the 24 th and 25h and phone messages will be changed before the holiday as well. He stated that a FEMA conference call will take place within the next week and notification will be made once details are available. Mr. Davidson also reminded everyone of the special council meeting to be held on December 19, 2008. H. STAFF REPORTS GENERAL ORDER OF BUSINESS 1. CONSENT AGENDA 1. Resolution No. 2007-223: Relating to Personnel; approving and authorizing Town staff to execute a Memorandum of Understanding with the Social Security Administration (SSA) and the Department of Homeland Security (DHS) relating to the Town's participation in the Employment Eligibility Verification Program (E- Verify); and declaring an emergency (Jane Fairall) 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 18, 2007 2. Resolution No. 2007-224: Relating to the Police Department; approving and authorizing full execution of an intergovernmental agreement with the Arizona Department of Emergency Management for the purposes of receiving funds under the 2007 Homeland Security Grant Program (T. Van Hook) 3. Resolution No. 2007-225: Relating to the Police Department; approving and authorizing the execution of an intergovernmental agreement between the Marana Police Department and regional jurisdictions to form the Pima Regional S.W.A.T. (Richard Vidaurri) 4. Resolution No. 2007-226: Relating to Development; approving and authorizing a release of assurance for Oasis Hills and acceptance of public improvements for maintenance (Keith Brann) 5. Resolution No. 2007-227: Relating to Development; approving and authorizing the execution of a third amendment to development agreement between the Town of Marana and Vulcan Materials Company (successor-in-interest to New West Materials (Kevin Kish) 6. Resolution No. 2007-228:, 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 Twin Peaks Interchange (Keith Brann) Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Carol McGorray. J. COUNCIL ACTION 1. PUBLICHEARING ' Ordinance No. 2007.31: Relating to Water; revising fees; amending portions of Marana Town Code Title 14; changing the name of the Water Department; and declaring an emergency Frank Cassidy spoke on behalf of Mr. Hay. He stated that this Ordinance is to revise water fees. Brad DeSpain stated that in the past ten years fees had not been revised and that the proposed fees are within the average ranges as those of surrounding area water companies. Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Vice Mayor Herb KaL 2. Ordinance No. 2007.32: Relating to the Municipal Court; amending Title 5 of the Marana Town Code; placing the court administrator under the supervision and authority of the town magistrate; and declaring an emergency Frank Cassidy spoke on behalf of Mr. Hay. Mr. Cassidy stated that this Ordinance reorganizes the municipal court so that the entire administrative function of the court is under the administrative authority of the magistrate. The Arizona Supreme Court had 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 18, 2007 sent out some documentation earlier this year in response to questions about organizations issues, clarifying that administration of the court needs to be under the judge for separation of power reasons. Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. 3. Ordinance No. 2007.33: Relating to Development; adoption of the Northeast Transportation Development Impact Fee Keith Brann stated that he made a preliminary presentation at a public hearing a month ago. During this meeting, conversations regarding the fee and its adoption were held. He stated that SAHBA was present at the meeting and requested that staff look into a delayed implementation as well as a stepped implementation of the fee. Staff agreed with SAHBA to do a delayed implementation, to be implemented within a 180 day or 6 month period. Mr. Brann stated that SAHBA's additional request was that in addition to waiting until July I to begin collecting a fee, they would like a half fee collected for the first 6 months of the fee's adoption so as to ease the fee in. Town staff did not agreed to that, but at Council direction, staff did look into the fiscal impact of doing so. Mr. Brann said that over a six month period there would be 32 missed opportunities to collect the fee on building permits, resulting in a loss of $219,900. Taking the same average number of permits extrapolated out for another 6 months yield approximately 54 permits, that would have a half collection instead of a full collection, which would cost the Town approximately $185,000, in addition to the original $220,000; a total loss to the Town on the fee of $405,000. Mr. Brann stated that Town staff has never been favorable to stepped implementation of these types of fees. They feel that it is an inequitable fee take on building permits. Lori Lustig from SAHBA addressed Council thanking staff for doing the research on the implementation of the impact fees. Motion: Action: Approve using option 1, Moved by Council Member Carol McGorray, Seconded by Council Member Patti Comerford. 4. a. PUBLIC HEARING. Ordinance No. 2007.34: Relating to Development; amending Titles 5 (Zoning) and 8 (General Development Regulations) of the Land Development Code; adding Section 05.10.13 (R-3.5 Residential zoning); updating the noticing procedures in Section 05.03.01; and deleting the Small Lot Option in Title 8 Kevin Kish stated that this Ordinance would allow for a smaller lot, single family detached development. In order to create a single family detached, there are 2 options that are made available to the development: creating a specific plan or using the small lot option within the alternate neighborhood design plan up to 30% of the R-6 zoning designated land. In addition to the proposed amendments, Mr. Kish stated that staff has also included some cleanup and clarifications, one of which is an amendment to update the noticing requirements on significant land use changes. Staff is suggesting that the small lot option be removed from the alternative neighborhood design plan so that the only option available within the land development code would be to come through the 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 18, 2007 legislative process of doing a rezoning. Mr. Kish stated that this change will require any new 3500-square foot lot minimums would come through the Planning Commission and the Town Council under an Ordinance for rezoning the legislative process on it where the conditions on it can be looked at. Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Russell Clanagan. b. Resolution No. 2007-230: Relating to Development; amending Titles 5 (Zoning) and 8 (General Development Regulations) of the Land Development Code; adding Section 05.10.13 (R-3.5 Residential Zoning); updating the noticing procedures in Section 05.03.01; and deleting the small lot option in Title 8, as a public record filed with the Town Clerk; and declaring an emergency Kevin Kish stated that this resolution would make Ordinance 2007.34 a public record. Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. 5. Resolution No. 2007-229: Relating to Development; approving and authorizing the execution of a retail development tax incentive agreement regarding the Marana Spectrum development project Frank Cassidy stated that this resolution is for the proposed Marana Spectrum Development Agreement. He stated that the amended version of the development agreement requires the developer to submit a quarterly report to the finance director of the costs of construction. There will then be a quarterly compounding and calculation of interest. Mr. Cassidy stated that things are done under this draft on a quarterly basis. Once a certain level of construction is triggered in the project, they begin getting quarterly sales tax reimbursements of 45% of the sales tax generated at the project. When they finish their project, or when they hit 15 years after the TIA is approved, or when they hit 20 years after this agreement is approved, or when they hit $30 million dollars, then those payments stop. Mr. Cassidy stated that these are the four triggers for turning off the reimbursement. He further stated that the previous version simply did an estimate of the total cost of all of the public improvements and an estimate interest cost and simply said there would be a $30 million reimbursement. This version pulls that out and says they tell us on a quarterly basis how much they've spent on these improvements, that's the amount that gets reimbursed plus interest quarterly. Mr. Cassidy stated that he received a comment asking for a clarification of the interest item. Under the interest provision the developer would like to clarify that under that definition of interest, they would like to add some language to say: "Including the total reimbursement amount." Essentially what they want a clarification for the interest calculation. When interest is discussed back in Article 6, they wanted a statement saying that this accrued interest on the total reimbursement shall be a portion of the reimbursement payments in paragraph 6.4 below. (47:00) Mayor Honea asked if there is anything in the agreement that states if it's paid off, that it doesn't have to be $30 million or that if it moves forth quickly, that it could be less. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 18, 2007 Frank Cassidy stated that the Town shall make reimbursement payments to the owner/developer for the owner's public improvement costs and reimbursement for the defined public improvements, so it is a defined term. Those public improvements are actually listed in Exhibit C, so by definition, once they finish those, they don't get any more reimbursements. Mr. Cassidy stated that language could be added to say that once those particular improvements are finished and the developer has been reimbursed, even if not at $30 million dollars, adding the interest, the payments would stop. Mr. Cassidy stated that this language is not currently in this draft, but that it could be added. Mayor Honea stated that he does not see any verbiage in the agreement to state anything besides the $30 million and that he would like to see something with a less amount. Mr. DeSpain stated that the verbiage is in there in the way that the math works. There is no concern to putting the request in there to add to the clause - when the owner/developer for the cost of the public improvements and interest, all payments shall cease, even if less than $30 million. He stated that it would be perfectly ok to have this added to the agreement. Council Member Ziegler asked when the reimbursements would start. Mr. Cassidy stated that the information would be found under section 2.3. He stated that once the developer has built at least 120,000 square feet of retail building space, then reimbursements would start. Council Member Ziegler asked for clarification on how this works with the Twin Peaks Interchange project. Mr. Cassidy stated that the project does not work well until the interchange is in place. So if there is a delay of the interchange, they will get a little longer reimbursement period. The reimbursement period is 15 years after the opening of the interchange or 20 years after the agreement. Kevin Kish stated that there is a zoning condition on the specific plan adoption ordinance that precludes the opening of this center until the interchange is available or open. Vice Mayor Kai stated that he does not fully understand how the public benefits from all of these projects. Specifically he asked about the $3 million water infrastructure and how and where that money is going and how citizens will benefit from that project. Brad DeSpain stated that the water infrastructure is driven primarily by fire protection. This is the largest fire protection development building that we have. It's requirements are 4,000 gallons a minute for 4 hours. He stated that in the discussions that with consulting engineers the decision was made that, instead of requiring 2 wells on their site with the storage; the fire pump and the booster clamp; that an alternative that would take that off of their site and still be able to meet those requirements would be considered. That required that a storage tank of 840,000 gallons be moved and built up Camino de Manafla above Glover, if Glover was extended from the Thornydale Road area, on a site of about a half acre. He stated that this would gravity feed that fire protection for this 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 18, 2007 development regardless of any mechanical failure. A sixteen inch water main that would go from the development up Camino De Manafia to the site where the well that exists at Linda Vista and Camino de Manana is located to provide that flow of water up to that storage tank. Mr. DeSpain stated that with this, a gravity storage and fire protection could be provided. To meet the 4000 gallons per minute, a 12-inch parallel well feed line would go from their site to the existing storage tank at Hartman Vistas. Between the two lines, that would provide the redundancy and the volume that is necessary to meet the fire protection requirements. Hydrants would be installed along Linda Vista and Twin Peaks, as there are none along the 16 inch z-zone water main that is up Camino De Manafia. Mr. DeSpain stated that there also needs to be a pressure relief valve at the z-zone booster station at Hartman Vistas to control the back pressure from the elevation of that tank. These are estimated to cost $2.9 million. This cost would be approximately the same cost if they had to do that on their own well/land site. Vice Mayor Kai asked whether out of that $2.9 million if there is a percentage of that which says the public would benefit, or is there any over sizing or anything that was done. Mr. DeSpain stated that there was a very small amount of over sizing, but not sufficient enough to supply another commercial development. A home or two may be able to be hooked up off of that. He stated that it does give the stability to get water up into an area. Cascada has to do a lot of infrastructure for their development, but there is nothing there that would help the Cascada development. Vice Mayor Kai stated that as a Town, care has to be taken in how tax funds are used to fund projects. He asked for clarification on the public sewer improvements, the $1 million, and if there is public infrastructure that would benefit the public there. Mr. DeSpain stated that this is a County responsibility. He stated that the parallel sewer line in the Hartman Vistas area is solely for Hartman Vistas, Oasis, and Cascada. Michael Racy, 535 W. Burton Drive, Tucson, AZ, addressed Council. He stated that this is a keystone location and is the first major development on that side of the interstate. There is significant flow through capacity for the sewer lines and the requested design of the water infrastructure also facilitates with future Town expansion. Mr. Racy stated that the design is the one requested of them by the Town's Water Department. He stated that this project creates the opportunity to generate very significant sales tax revenue and jobs for the Town. Vice Mayor Kai asked for the other uses available. Steve Hater, 30598 N. 75 th Street, stated that there are sanitary sewers going through the site that are servicing areas beyond the Marana Spectrum. A trunk sewer running along the TEP and connecting to the existing sewer that was installed as part of the Oasis Hills outfall is proposed under the direction of Pima County and through discussions with the developer's group and neighbors to the southeast. In addition, the sewer from the Oasis Hills outfall is being re-routed through the site and collecting site drainage as well as lands upstream and connecting to our basin. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 18, 2007 Vice Mayor Kai spoke about mitigation and the letter from Carolyn Campbell regarding the 39 acres in that area. He stated that the mitigation is a cost of doing business for the developer and that the developer should pay for that, not the Town. Mr. Racy stated that this project is different because there was no mitigation requirement for this project. He stated that the project went through the regulatory process in the Town and that in going through the zoning there was no requirement for mitigation because there were no sensitive lands. Council Member Comerford asked for clarification on the hook-up fees. Mr. Racy confirmed that the Town receives those 100 percent and are not part of the tax incentive. (1:24:00) Motion: Approve as amended 5-1, Moved by Council Member Patti Comerford, Seconded b Council Member Roxanne Ziegler. No - Vice Mayor KaL y K. BOARDS, COMMISSIONS AND COMMITTEES Resolution No. 2007-231: Relating to Floodplain Management; approving and authorizing a variance to Title 21, Floodplain and Erosion Hazard Management Code, for property located at 14475 W. Imogene Place Keith Brann presented the floodplain variance to Council. He stated that the property owner is requesting a variance from Title 2 1, regarding construction or substantial improvement within the floodway of the Santa Cruz River. Mr. Burbage requested a variance last year which was denied. He was advised at that time to continue working with staff to find a way to develop his property. Mr. Brann stated that Barry Acres was subject to flooding as it flooded in 2006 and had to be evacuated. The Santa Cruz Levee that was built by Pima County helped much of northwest Marana. There was a letter of map revision done that removed substantial parts of Marana from the floodplain. Marana conducted another drainage study to look at the effects on the actual floodway of the Santa Cruz River. He stated that this study removed much of Barry Acres from the floodway except for the south side of Imogene Street. Mr. Brann stated that the revised variance is to replace the mobile home trailers with another mobile home trailer which would not be on site built fill and that the property owner has agreed to elevate the trailer according to the flood plain code for surface elevations. Michael Burbage, the property owner, stated that the new trailer would be elevated to meet the code requirements, the new home would help improve the look of the area, the site is compliant with Marana zoning, and that he is willing to sign a hold harmless agreement. Motion: Approve, Moved by Council Member Roxanne Ziegler, Seconded by Council Member Carol McGorray. 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 18, 2007 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) N. FUTURE AGENDA ITEMS Council Member Ziegler stated that she would not be in attendance at the December I 91h special meeting. Mr. Cassidy addressed the December 19 special meeting with regard to the vote on the Marana General Plan and the vacancy on the Council. 0. ADJOURNMENT Motion: Adjourn, Moved by Council Member Russell Clanagan, 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 December 18, 2007. 1 further certify that a gWjWp was present. lovr'Jocelyn C. Bronson, Town Clerk 9