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HomeMy WebLinkAbout01/18/2005 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 PLACE AND DATE Marana Town Hall, January 18, 2005 L CALL TO ORDER By Mayor Sutton at 7:03 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Executive Asst. to the Town Manger Present Richard Vidaurri Chief of Police Attached is a list of public attendees. V. APPROVAL OF AGENDA Council Member McGorray made a motion to approve the agenda, seconded by Council Member Honea. The motion carried unanimously. VI. ACCEPTANCE OF MINUTES There were no minutes for approval at tonight's meeting. VII. CALL TO THE PUBLIC ~ ANNOUNCEMENTS ~ INTRODUCTIONS UPCOMING EVENTS Mayor Sutton welcomed Representatives Jennifer Burns and Manny Alvarez, who attended the Council meeting to support the working training grant program. Joe Yuhas, the Deputy Director of Arizona Department of Commerce, made a presentation of a check in the amount of $234,782 to Sargent Controls representatives in support of the Arizona Job Training Program, which will provide training for 210 employees. Sargent Controls will match that amount to aid in training. The job training program is designed MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 to meet the needs of companies who are hiring new employees, as well as advancing the skills of their existing workforce. David Parker, 7135 West Maple Ridge Drive, spoke to the Council to encourage consideration of a no-smoking ordinance. His request was to start a process to look at what is appropriate for Marana, and to involve stakeholders in looking for a mutual solution. Mayor Sutton instructed the Town Manager to direct staff to gather all of the information and materials previously obtained on this issue and bring it up to date for further Council review. Ed Stolmaker, Executive Director of the Marana Chamber of Commerce, presented the quarterly review and a list of the events for 2005. Mr. Stolmaker discussed the Man and Woman of the Year awards and also noted that there is a separate committee this year to review nominees. He also mentioned that there are still a few openings on the bowling teams for the upcoming Chamber event at Bedrocks February 5th. Robert Weibly, Dove Mountain resident, spoke about the US Home development of Quail Crossing East, which borders on open desert. The lots on this parcel are all considered view lots with high premium. They were sold with the provision that no one could build within 100 feet of the property line. About three weeks ago, a large cul-de- sac was cut in right up to the property line, destroyed the desert completely, all the saguaros were taken away. It appears that it may have actually been Monterey Homes who had put forth a plan in July, which was approved by the Council, that caused the destruction of the desert around his home and several others in the vicinity. Mr. Weibly continued to recite specific areas of concern. Mayor Sutton noted that Cottonwood Properties has been notified, and staff will work with Cottonwood to find a solution. The Mayor instructed the Town Attorney to give an opinion on this and then for staff to get back to Mr. Weibly and the other residents. Jim Wilkinson, 8405 North Sayante Way, spoke regarding the potential traffic problems related to a rezone for a veterinary clinic along Silverbell Road near Wade Road. Mayor Sutton thanked Mr. Wilkinson. He stated that there is atraffic-impact analysis to guide the staff regarding the ability move traffic safely in this and other areas. Again, he thanked Mr. Wilkinson for his concern. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA A motion was made to approve the Consent Agenda by Council Member Escobedo, and seconded by Vice Mayor Kai. The motion carried unanimously. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 1. Resolution No. 2005-03: Relating to the Police Department; extending the intergovernmental agreement between the Marana Police Department and the Pima County Community College District for courses in law enforcement and community development; and declaring an emergency. (Richard Vidaurri) 2. Resolution No. 2005-10: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Monterey Homes and Us Home for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service for Rancho Marana 154. (Brad DeSpain) 3. Resolution No. 2005-08: Relating to Elections; placing the referendum on the Tortolita Vistas Specific Plan, Ordinance No. 2004.18, on the May 17, 2005, ballot -and setting a deadline for receiving arguments for and against; authorizing the Town Clerk to take all actions necessary for the preparation of the publicity pamphlet relating to the referendum; and providing for removal of this item from the ballot and cancellation of the arguments of Ordinance No. 2004.26 goes into effect on February 4, 2005. (Frank Cassidy) B. COUNCIL ACTION 1. Presentation: Third Annual Charity Team Roping and Barrel Racing for Special Olympics event. (Joe Carrasco) Lt. Joe Carrasco and Officer John DeStefano presented this item to Council, stating that this is the third annual and only special oIympic event of this type to raise money for Special Olympics. The goal of this event is to surpass the $8400 raised last year. Officer DeStefano said he hopes the event will bring in over $15,000 that can be sent directly to Special Olympics. Both Lt. Carrasco and Officer DeStefano urged the Council to support this event by attending the two day event beginning March 5. 2. Resolution No. 2005-09: Relating to Development; authorizing the Mayor to execute an agreement with the Continental Ranch Community Association to modify tennis courts and functionally replace them with a public parking lot available for use in connection with Continental Ranch Park. (Frank Cassidy) Frank Cassidy presented this item, stating that the tennis courts currently at the Community Center will be transformed into a parking lot right across the street from the park to provide a little more parking. He referred questions to Jim DeGrood as he has been more directly involved in the technical aspects of the project. Mr. DeGrood stated that approximately 50 new parking spaces will be created from the existing tennis courts at the community center. The Town has a lease that it would be entering into with the association to allow the Town to use that parking. The Town will incur some expense developing the improvements, and will also be responsible for the major maintenance of the facility, but it will afford overflow parking into the Continental Ranch Community Park, which is desperately needed. Mr. Cassidy noted that a pedestrian lighted safety MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 crosswalk would also be installed. Mayor Sutton noted that it is a great statement to need overflow parking at a park. Council Member McGon ay moved to adopt Resolution No. 2005-09, seconded by Council Member Blake. The motion was unanimously approved. Ordinance No. 2005.03: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the Hall Annexation comprising approximately four acres of land on the west side of Camino de Oeste and north of Ina Road. (Dick Gear) Mr. Reuwsaat addressed Council, stating that this is the request to finalize an annexation of four acres. It is the Hall Annexation. We previously had a public hearing. We have 100 percent of the signatures and 100 percent of the value on it. It is two property owners. Council Member Escobedo moved to approve Ordinance No. 2005.03, seconded by Council Member McGorray. The motion carried unanimously. 4. SECOND PUBLIC HEARING: Resolution No. 2005-04: Relating to the Alternative Expenditure Limitation (Home Rule Option) (Roy Cuaron) There being no one to speak on this matter, Mayor Sutton moved the hearing opened and closed. Mr. Cuaron spoke to the Council, stating that the Home Rule Option is in effect for four years, and every four years the Town asks the voters to approve the Home Rule Option. The importance of the Home Rule Option is pretty basic. Without it, the Town can spend only to the limits the state determines by a formula established in 1978. So if this ballot measure does not pass, we would have to cut back dramatically on services that we provide to the community. It is very important that we educate the voters of Marana on the importance of the Home Rule Option. Our game plan for this upcoming election is that between Jocelyn and myself, we will be visiting with the various civic organizations and educating the public about the importance of the Home Rule Option and what it is all about. There will be something on the web site. Mr. Cuaron further stated that if the Home Rule Option does not pass, the revenues stay in the town and are put into a savings account, basically. The public hearing was declared opened and closed. Council Member McGon ay moved to approve Resolution No. 2005-04, seconded by Council Member Blake. The motion was passed unanimously. PUBLIC HEARING: Ordinance No. 2005.02: Relating to a Rezoning; reviewing and adopting an ordinance for the rezoning known as the Veterinary Clinic. (Barbara Berlin) MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 Ms. Berlin described the property and appurtenances thereon, which is located on approximately 2.2 acres of land. The current zoning on that property is "C" which is, actually, a large lot zoning. There is an old house on the property, and the proposed rezoning is to commercial office use zoning in order to use it as a small veterinary clinic. The Planning Commission heard this matter on December 15th, and recommended approval of the project with a couple of conditions as outlined in the ordinance attached. The present zoning of the property, which is really a remnant parcel and is not useable in its current zoning. The CO zone is consistent with other proposed conunercial uses in that vicinity. With that, I will be happy to answer your questions. A motion was made by Council Member Escobedo to open the public hearing, seconded by Council Member McGorray. Motion carried unanimously. Michael Chretin, 8371 North Sayante Way, read a letter to Council and circulated some photos. His primary concern is that the veterinary clinic is behind his back wall, and that wall separates the two properties, whereas other commercial properties throughout Continental Ranch are separated by parks, washes, or streets. He stated that the rezoning would affect security, noise abatement and privacy. For those reasons, Mr. Chretin stated that he felt it is absolutely necessary that the block wall separating the two properties be raised. He has contacted Continental Ranch review committee regarding the raising of the wall, and it was indicated to him that, due to the proximity of the two properties, if the rezoning is approved, they will entertain the request to raise the wall. The Chretins are requesting that Doctor Perkins agree to pay for the additional height to the wall if the rezoning is approved. If an agreement cannot be reached today, he asked that the rezoning be postponed until an agreement can be reached. He noted that he was in favor of working with Doctor Perkins towards awin-win solution and that his intentions are only to maintain the quality of our lives and the value of our home in this unusual matter. Mayor Sutton questioned whether Mr. Chretin felt that there would be a different safety risk if there was another house there or something, or was it the amount of trips that was of more concern. Mr. Chretin stated that once you open that land to a commercial setting, any kind of traffic can come throughout all hours of the day that cannot be accounted for. At least as a homeowner, you are either joined to a backyard or within a community setting. If his wall is raised, he is not against development. Mayor Sutton asked if staff could get clarification from the HOA that raising the wall would not be an issue. Ms. Berlin stated that this was the first she had heard about them approaching the architectural review committee, so she would be happy to hear from them. Mayor Sutton asked was the trip count was. Ms. Berlin stated that the maximum trip in the morning peak hour is 22 trips, and the maximum in the afternoon peak is also 22 trips. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 Council Member McGorray asked if there were any animals housed overnight at this facility. Ms. Berlin thought that is was not an overnight-care facility. However, Dr. Perkins addressed the Council and noted that there were going to be hospitalized animals there overnight if need be. If the people would elect not to have the animal stay there, there are 24-hour facilities that will be sent to, but that is an option they will have. There are buffer zones and maps in those books we have there. In response to a question from Council Member Honea regarding a noise buffer at night, Dr. Perkins stated that there are no windows that could be opened. The newer materials that they have today that they build into the walls soundproof it pretty well. We don't want to hear what is going on in the back, either, when we are seeing clients in the office. So it would be pretty much soundproofed. If you look at the business site plan, it is not directly behind the house in question. It is going to be down more towards the cul-de-sac. Yes, the yard in question goes pretty much the full length of that wall, but the empty house itself, basically, is what is behind the house in question, and that is well north of where the facility will be. Dr. Perkins also noted that if the if the homeowner's association would allow a couple more blocks on the top of the gentleman's back wall, he would be willing to take care of that to remedy the situation. Dr. Perkins also stated that there is going to be landscaping in the 25-foot buffer zone. He noted that when the property is longer vacant, there should be much less potential for vandalism. Council Member Comerford: Dr. Perkins, with no offense to you or your planning in regards to that property, the prior owner had every opportunity back when Continental Ranch developed to develop that land as part of the community and chose not to. Granted, it was their right to not do that. To wait until now when that community is developed and there are residents that surround that property, to turn it into a commercial area in an area where we already have traffic as an issue that will create more trips in and out in that congested area, along with the urgent care facility across the street, too sorry too late. I would rather see it be and continue to be residential, even if it ends up being one house on that lot. The property is vacant now and that is why it may be contributing to some problems in that azea. I am sorry, Dr. Perkins, it's no fault of yours, but I think that we have a due diligence to that community to leave that area zoned residential, and not create anymore hardship in that area. Dr. Perkins: If it is left as it is, then I guess I have the entitlement to put four horses on it, because it is large lot C horse property. Barbara Berlin: The property is zoned "C." It is only 2.2 acres, and the minimum size for a property in the "C" zone is 25 acres. So there is a problem with any change of use on the property from what it is now. Mr. Cassidy noted that typically, when you have a legal nonconforming use, MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 which is what this is, you cannot change the use, even if it would have been permitted if you had full sized lot. Since this became nonconforming with a single-family residence on it, they can continue to use it for single-family residential purposes with that single residence without rezoning. Changing the use or increasing its intensity in any way, including having horses on the property would, as a general matter, be a violation of the zone. Mayor Sutton stated that he was not ready to approve anything on this. We also need staff to comment. We are dealing with a property owner that probably isn't even around anymore. We have an opportunity here, but I am going to direct staff, the homeowner association, if we do a wall, who is going to need the wall; who is going to pay for the wall; do we set a precedence, and I just want to get a feel from that immediate neighborhood there, is that a use issue. I am going to direct staff to do that, and I am going to move for a continuance. The motion was seconded by Council Member McGorray. Council Member Blake asked for clarification from the applicant on the actual size of the building he intended to erect on the property for the animal hospital/veterinary clinic. It appear to be a very large facility. Nearly 5,000 square feet is a pretty good sized operation. Dr. Perkins: It will actually be more 4,500. Mayor Sutton: I am going to point of order myself and withdraw my motion. We are still in public hearing. Do you withdraw your second? Council Member McGorray: I withdraw my second. Mayor Sutton: We are still in public hearing. Mr. Wilkinson stated that he had not completed a speaker card on this item because he had not intended to speak. However, he noted that he is one of the neighbors. The only concern he had was that of the height of the wall to stop the sound, also to stop possible people from climbing the walls. He wanted the Council to be aware that Dr. Perkins did come through the neighborhood, and he did represent himself as to what he was putting up there Mr. Reuwsaat asked if this item could be continued to a date uncertain, but put a relative speed in answering the HOA question, checking with staff on the planning zoning decisions there, looking at the traffic, and also hours operation. Maybe just a couple more weeks to take a look at this and then bring it back to you again. Bob Anderson spoke as a member of the Mayor's SiIverbell overlay committee, noting that the committee had established a number of permitted and non- permitted uses for new developments along Silverbell. Overnight stays of animals in veterinary clinics or hospitals are not permitted. Mayor Sutton: Another thing we need to address with the overlay committee MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 After further discussion of items already raised, a motion was made by Council Member Escobedo to come out of public hearing, seconded by Council Member McGorray. The motion carried unanimously. Mayor Sutton: I wiil resubmit my motion for continuation when it is available, seconded by Council Member McGorray. The motion passed to continue 6 to 1. Council Member Comerford dissented. C. LEGISLATIVE REPORT Michael Racy, 535 West Burton Drive, gave the Council the first legislative report of the 47th Session of the Arizona State Legislature, with an overview of the political makeup of the legislators, stating that overall, both bodies and the conunittee chairmanships and the committee make-ups are more conservative than we have seen in the last few years. Mr. Racy then captured the state's current financial picture, noting that it will be a less difficult year to put a budget together than we have seen in the last few years, although there have been very substantial increases over the last year in indigent health care and in educational expenses. The big issues are primarily the state budget for Education. There may be some sort of a deal between some business tax relief and some other economic development incentives and some program for funding all-day kindergarten. At the moment, state- shared revenue for cities and towns looks pretty good. It looks like it is safe. Representative Huffman has introduced the technical correction bill that cleans up the statute that returns revenues to 15 percent. There is a proposal in the Governor's budget to fund an additional portion of DPS, both operations, salaries, and equipment out of HURF. That does erode, again, both city and county HURF revenues. No one wants to speak against law enforcement; no one wants to speak against police, but it is a very legitimate question to ask if your local highway revenues should be spent on that or if that should come out of the general fund. That issue will get much more discussion and debate as the session goes on. Water policy is going to be another major issue this year. The continuing drought in the state of Arizona has raised water conservation to a level that I have never seen before in the state of Arizona. Council Member Kai is very active on the water issues. Most of the bills, certainly not all of them, deal with areas outside of the active management areas. Here in Marana, Tucson, Maricopa, were inactive management areas. There is consensus of opinion, interestingly enough, out of the governor's office, the Senate, and the House has some form of state Iand reform. That is something we worked on a great deal last year. There was a large package that had some major benefits for the Bajada overlay zone, and really enabled the kinds of things your town manager has been working on. That big package isn't going to move forward, but a scaled-back version will get, at least, a lot of discussion. We will be very involved in that to try to get some little elements that help to facilitate, at least, the ability, if the community and everyone wants to, to do the kinds of innovative things that were talked about in the Bajada. If something makes it through, it is going to be state land reform. I would not expect to see a major reform package go through. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 With respect to municipalities, there are a large number of bills that have already been introduced. Many of these are items we have seen from last year. The Town of Marana was extremely active on a bill that would have prohibited any sort of municipal tax incentives that was introduced by Senator Jack Harper last year. The majority whip, the former mayor of Chandler, is proposing an alternative to that, requiring some resolutions and findings to be made by a local council before they pass municipal tax incentives and would not allow it to be done on an emergency basis, so it would be referable. We will be actively involved in that. An area of a lot of concern in the Cable Television Association. Management staff is proposing a bill to limit cable franchise fees to not more than 3 percent. Most all jurisdictions are at 5 percent, which is the federal maximum. This is a significant hit to general fund revenues that have made, again, individual arrangements with the cable companies, and something that the League of Cities and Town and this community will very, very, actively be opposing, and is actually a bit disappointing to see. We are also directly involved in the effort to allow a city or town with a population under 50,000 to elect a different base for a referendum. The Constitution states that it is 10 percent of the base, as established by the Legislature. What we are proposing is that you could refer back to the prior general election where you have had turn out that is representative of the size of the community that you live in, not the total number of registered voters. It is heavily supported by the League of Towns. But the bill has fallen flat, to be candid, over the last couple of years. This year, we have taken the leadership role on trying to move this piece of legislation and get a little more successful than has been the case in the last few years. There are a number of land use bills that have been put in. A number that are going to be difficult fights. There is another bill limiting down-zonings and another bill that would restrict what you would be able to do if you annexed a county island. It would put special and unique limitations on changes you could make if you happened to annex a county island versus anything else you would annex. There are two more bills related to the same area, one that would require performance audits, both before you start and every five years; and if at some point someone decides they don't like what you are doing, it pulls the plug on all the funding, which for along-term capital expenditures creates many, many challenges and difficulties. On the good-news side, the highway extension loan program, there is a bill that I think it has a very good chance to be extended. This is a short-term loan program that is meant to allow communities to accelerate funding for projects. It has been very successful. As you all know, the Twin Peaks project is moving along very well. Congressman Kolbe did an incredible job for the community, getting an additional $4,500,000 of federal funds. That sets a great precedent to get more funds going forward. We already have, from a few years ago, $14,000,000 of state funds committed to that project. A detail you may not remember, this project is the only locally sponsored project of its type that we were able to get the State Department of Transportation to sign a letter supporting and endorsing to the entire congressional delegation. Working very closely with Mr. Chapa, we are very optimistic that we can do well back with the feds. The state help program, if it is necessary, could be a great opportunity to additionally accelerate some funding, if it is necessary for that project or other projects, so it is a good thing. We are happy to see that move forward. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 The last one is on the Home Rule -Expenditure Limitation. There have been bills on the subject for as long as I have been there. There haven't been major changes in the past. I don't expect major changes now. There is the possibility now for an expenditure limitation change to apply for a greater period of time. If you are in a community that is not experiencing any growth, it works okay. If you are experiencing a decline, the way some of the mining communities have in the state, you wind up with this giant excess of expenditure authority and no revenue to spend on it. If you are a fast-growing community, you wind up in the opposite situation, as the Town of Marana and a few other communities find themselves in. Vice Mayor Kai noted that Mr. Racy had report on a great deal of information and requested that Mr. Racy provide a written report or memo on his legislative report that the Council could follow along with. Mr. Racy stated that he would be happy to provide that in the future. D. MAYOR AND COUNCIL REPORT Vice Mayor Kai: Council Member McGonay and I attended the H & R Block dedication this past Monday, and welcomed them to our town. We both got a $10 certificate for our next visit to H & R Block. Also this coming 25th, I am going to attend an event at Bud Brown's Barn to meet some people from the Arizona Legislature. If anyone on the Council would like to go, we can get an invitation. Let me know, and we will get a list, and get some invitations. E. MANAGER'S REPORT Besides the legislative report, I am going to be placing on future agendas, a water update. As you are aware, there is a lot going on with water. Two important meetings the last couple weeks. As we move forward with our water policy programs, I think it is important enough that I would like to update you as to what is going on. With the help of Mr. Racy and Mr. Chapa, we prepared and updated an application for an authorization for the Twin Peaks, asking for federal authorization for $32,000,000. The money that we currently receive comes through the appropriation process. It is coming in the terms of an $800,000 appropriation, in this session $4,500,000. We are stronger if we get an authorization, because the authorization then lets us go in, and it is okay. The Congress can look and say, you are authorized for $32,000,000, so it is easier to get the appropriations in the appropriation process. This will be the second year our application is in. Congressman Kolbe will sponsor that with support by Congressman Grijalva, so we are continuing to pursue additional funding. The help could be a factor in the future. I would sure like to get it all from the federal government, if we could. Mayor Sutton: I will back up and give a little report. As you were saying, this water issue is starting to be played out a little more in the press, and Ithink -- bad pun -- but the ripples from what is going in in water could affect everything regionally, including the transportation we have been working on real hard. It is leaving a bad enough taste in what is going on with staff there and miscommunication, misinformation. We are doing our best to fix it. You and I met with Mayor Walkup, and there is a disconnect, I MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JANUARY 18, 2005 believe, with certain levels of staff and their Mayor and Council, that I know Mayor Walkup was interested in finding out what was real, what was going on, but it is serious and it is significant. I think if we don't get that fixed, you are going to see the brakes put on a lot of stuff, as far as regional cooperation goes because without water, this whole greater Tucson, this whole community is done. We are trying to plan, and I think we are going to get there. You are going to be seeing a lot more of us going out and allowing Mr.DeSpain do what he needs to do to get Marana what it needs for its future. I hate for the gloves to be off, but we are not going to let our residents suffer because of the decisions or the attitudes by some staff members. I know Mayor Walkup is willing to work the thing out. I know the county is in support of what everyone else seems to think are the regulations involving the water. So as some clarification comes, we will update our Council so that our residents may better understand why, first, this issue is so huge, and second, what we are doing to deal with it, so you will see a lot more on that. X. FUTURE AGENDA ITEMS There were no future agenda items presented. XI. ADJOURNMENT A motion to adjourn was made by Council Member Escobedo, seconded by Council Member McGorray, and carried unanimously. The time was 8:46 p.m. CERTIFICATION I herby certify that the foregoing are the true and correct minutes of the Marana Town Council Meeting held on January 18, 2005. I further certify that a quorum was present. ocelyn nson, Town Clerk