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HomeMy WebLinkAbout04/05/2005 Regular Council Meeting Minutes MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 PLACE AND DATE Marana Town Hall, April 5, 2005 I. CALL TO ORDER By Vice Mayor Kai at 6:59 p.m. II. PLEDGE OF ALLEGIANCE Led by Alexis Lunceford, Poppy Princess, Casas Adobes American Legion Auxillary III. INVOCATION/MOMENT OF SILENCE Town Clerk Jocelyn Bronson read a proclamation in memory of Pope John Paul II. Vice Mayor Kai asked for a moment of silence for Council Member Escobedo's father, who was in the hospital. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Arrived at 7:05 p.m. Present Present Present Excused Present Present STAFF Mike Reuwsaat Jaret Barr Frank Cassidy Jocelyn Bronson Town Manager Asst. Town Manager Town Attorney Town Clerk Present Present Present Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Comerford, seconded by Council Member McGorray, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Honea, seconded by Council Member McGorray, the minutes of the February 1,2005 Regular Session, February 15,2005 Regular and Study Session, February 22, 2005 Study Session, March 1, 2005 Regular Meeting, March 12, 2005 Study Session and March 15, 2005 Regular Meeting were unanimously approved. Council Member Comerford abstained from voting on the March 1, 2005 minutes. 1 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 VII. CALL TO THE PUBLIC - ANNOUNCEMENTS - INTRODUCTIONS - UPCOMING EVENTS Vice Mayor Kai announced that this was the last meeting in the old Council Chambers. The next meeting, on April 19, 2005, would be at Heritage Highlands. Dedication of the new Chambers would be May 3, 2005. Council Member Comerford announced that the Boy Scouts would have the first annual golf tournament on June 4,2005. She had information on the tournament at the dais and stated that it would also be available at Town Hall. Brad DeSpain addressed the Council and introduced Mark Stratton, General Manager of Metro Water. VIII. STAFF REPORTS There were none. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2005-35: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the Marana Cultural and Heritage Park Project (Frank Cassidy) 2. Resolution No. 2005-36: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the Tortolita Trail System (Frank Cassidy) 3. Resolution No. 2005-37: Relating to Water; consenting to the annexation of property owned by Cortessa, L.L.c. into the Metropolitan Domestic Water Improvement District (Brad DeSpain) 4. Resolution No. 2005-38: Relating to Standing Boards, Committees and Commissions; approving reappointments to the Town of Marana Business Advisory Committee (Roy Cuaron) 5. Resolution No. 2005-39: Relating to Development; approving and authorizing the Mayor to execute an Amendment to Development Agreements relating to the definition of "Resort Hotel" under the Dove Mountain Resort Agreement recorded at Docket 11594, Page 3855; and declaring an emergency. 6. Relatine: to Personnel; approving and authorizing the reclassification of a Planner II position to Landscape Architect and hiring a Landscape Architect and a Court Security Officer with appropriate salary levels (Jane Howell) 7. Relatine: to Administration; adopting the Town of Marana Policy for Office Assignments for Council Members (Mike Reuwsaat) 8. Proclamation: Arizona Work Zone Safety Awareness Week (Jocelyn Bronson) 2 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 Upon motion by Council Member Comerford, seconded by Council Member McGorray, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Presentation: Casa Seville Specific Plan (Barbara Berlin) Barbara Berlin gave a brief introduction of the project, located at the Southwest Corner of Tangerine and Camino de Oeste. She introduced Jon Thomas, the developer. Mr. Thomas addressed the Council and introduced Linda West, the realtor and marketing agent for the project. Mr. Thomas showed the Council the concept boards for the project design. He and Ms. West pointed out washes in the area. Ms. West said that the development would target baby boomers and retirees. The price per home would be approximately $500,000 to $600,000. The main access would be off of Camino De Oeste. 2. Public Hearine:: Ordinance No. 2005.10: Relating to Development; approving a rezoning of 20 acres of land from Zone "C" to Zone "HI" south of Tangerine Road and east of Breakers Road (Barbara Berlin) Ms. Berlin addressed the Council and gave a brief introduction to the item, which was adjacent to the Breakers Road easement. This project is for development of a landscape or contractor's yard. The Planning Commission voted 6-0 to recommend approval on January 26, 2005. Ms. Berlin responded to questions from the Council, noting that if the owner sold the property the zoning designation would not change. Ms. Berlin said that the buffer to the east would be 30 feet because it was between two districts. She also noted that there were no residential property owners close enough to be affected by the noise. Discussion was held regarding the Breakers easement. Council Member Honea expressed concern about the traffic on the road with the Breakers opening soon. Frank Cassidy, Town Attorney, addressed the Council and stated that the Town did not maintain the road and did not have the authority to maintain a private easement. In terms of policing, the Town could be called to accidents on the road. The Town would not have liability for that easement. It was not required to meet the Town's standards. Council Member Honea said that there was a road that had been put in when Breakers moved in. He said he thought that if they allowed heavy equipment to come in there they needed a maintenance agreement. Ms. Berlin stated that construction requirements would be to adequate standards to the type of usage. Mr. Reuwsaat stated that he was not aware of a maintenance agreement as a requirement before. He said that this was only an access easement. Again, Council Member Honea replied that this could be a fairly heavily used road for several businesses. Mr. Reuwsaat said that they had discussed an agreement with the Breakers. The Breakers had taken on some responsibility with the road but there was no motivation for them to take the whole road. Mayor Sutton asked if there was anyone who wished to speak at the Public Hearing. Hearing. There being none, he declared the Public Hearing opened and closed. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 Jack Neubeck from The Planning Center spoke on behalf of the applicant. He showed the Council exactly where the project was located. He said that there was a 24 foot right- of-way that was dedicated to the Town on the Breakers easement. The applicant would like to see an improvement district done on it. The access would be on another road that would meet Town standards. The applicant agreed with the conditions as set forth. Mayor Sutton pointed out that the Town never had leverage to get this road fixed. He said that someone would have to take the burden. He asked if this was the time the Town should go in and force an improvement district and develop the road. Half the road being done was a good start. Mr. Cassidy said that there were hurdles to every option for the road. He pointed out that there could not be an improvement district if there was a protest of more than fifty percent of the property owners. He said the Town could condemn it, but that raised questions also, including funding. He said health and safety could condemn but would not authorize the Town to impose the financial obligation of the road after the fact. Council Member Comerford said that those affected were the families that drove on the road to the Breakers. Mr. Reuwsaat said that if the Town were only working with the Breakers it could be done. If they wanted to get it up to standard they would have to step up to it and bear the costs. The cost would be approximately $1.5 million dollars to get the road to Town standards. Council Member Honea asked that if the right-of-way would then be dedicated back to the Town and if there was an inherent liability. Mr. Cassidy answered that there would be. He recommended the Town not accept it. Mr. Reuwsaat pointed out that the condition said "to Town standards"; the Town would not allow a substandard road to go in. For tonight, this requirement was adequate enough to go forward. Staff could then go back and work with business owners on the rest of the road. Mr. Cassidy pointed out an error in the language. It was a 24 foot wide road, not 24 linear feet. The Council would have to make a policy decision on whether or not to fix the road. Mayor Sutton said he saw it the opposite way: If anything came in with a permit it would have a fee attached to it and nothing would be done until they paid their share. Mr. DeGrood said that part of the deterioration of the road was the preparatory work on the property between the Breakers and the Park and Shade project. That property had not fulfilled their obligation to the road. Mr. Cassidy said that once they came for their permit they would have to pay their fair share. Mayor Sutton asked about the project before the Council. Mr. Neubeck suggested making some alterations to Condition 2. He said that should an improvement district form later this would be their contribution. They could also put something in about a maintenance agreement until it was to the standard the Town would be willing to accept. Mayor Sutton asked if everyone agreed with the condition as Mr. Neubeck had read it. Mr. Reuwsaat agreed with the condition. Mayor Sutton said he wasn't sure about the maintenance agreement; he did not want this developer have to take more than their share. Council Member Blake asked if this could be tied in to business licenses. Mr. Cassidy replied that it could not. However, a business could be closed down for being unsafe through the normal health and safety of the Town. Mr. Cassidy suggested that this item be continued to the end of the agenda so that staff could work out proper wording. Upon motion by Mayor Sutton, seconded by Council Member Comerford, the item was unanimously approved to be continued to the end of the agenda. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 3. Presentation: Development impact fees for Townwide Parks and Northwest Marana Roadways (Jim DeGrood) Jim DeGrood, Assistant Town Manager, gave a slide show presentation that explained the next two items on the agenda. He noted that as part of the process, the effective date would take place 90 days after approval by the Council. He explained that the Town had looked to see if the standards were too high; and as a result, the fees were lowered. Alex Jacome, from Southern Arizona Homebuilders Association, addressed the Council and said impact fees went on the mortgage and were paid for during the life of the mortgage. He thanked the Town for delaying the item to allow for review. He said they retained outside consultants to assist; and noted that several concessions had been made. He hoped that the Town would continue to keep SAHBA in the loop. He commended Marana for its foresight and vision and said that staff had been forthcoming. The result was a plan that was fair, met the requirement of nexus and illustrated the progressive direction the Town desired. Mayor Sutton pointed out that this was different than other municipalities; SAHBA had always been there supporting the Town. It had been a good working relationship. 4. Ordinance No. 2005.11: Relating to Development; identifying the Marana Park Benefit Area, accepting and approving the technical report identifying park needs within that area, adopting park development impact fees for that area, and providing an effective date (Jim DeGrood) Council Member Honea asked why there was a 90 day delay before the ordinances would become effective. Mr. DeGrood responded that it was required in the statutes. The 90 days allowed someone under contract or contemplating buying a home to have notice of the impact fees. Upon motion by Council Member Honea, seconded by Council Member McGorray, the ordinance was unanimously approved. 5. Ordinance No. 2005.12: Relating to Development; identifying the Northwest Marana Transportation Benefit Area, accepting and approving the technical report identifying the roadway needs within the benefit area, adopting roadway development impact fees for that area, and providing an effective date (Jim DeGrood) Upon motion by Council Member Honea, seconded by Vice Mayor Kai, the ordinance was unanimously approved. 6. State Lee:islative Issues: Discussion/Direction/ Action regarding all pending bills before the Legislature (Michael Racy) Mr. Reuwsaat addressed the Council and explained that Mr. Racy had intended to present his report to Council in person but that Mr. Racy's son was ill. He noted that the tracking report had been placed on the dais for Council. Mayor Sutton said that if anyone had questions they could contact Mr. Racy. The Town Council went into recess at 8: 10 p.m. as staff continued working on the revision to Ordinance No. 2005.10. The Council reconvened at 8:20 p.m. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 2. Public Hearine:: Ordinance No. 2005.10: Relating to Development; approving a rezoning of 20 acres of land from Zone "C" to Zone "HI" south of Tangerine Road and east of Breakers Road (Barbara Berlin) (Continued after the recess) Mr. Cassidy read the revision to Condition 2 into the record. "Prior to the Town's issuance of a Certificate of Occupancy for any structure within the rezoning area, the property owner shall construct a new 24 foot wide paved roadway with a structural cross section acceptable to the Town Engineer in what is commonly known as the Breakers Road Easement, from Tangerine Road to the east-west lateral access point for the proposed project, a distance of approximately 1300 linear feet. The property owner shall maintain the section of roadway constructed by the property owner to standards generally consistent with those for public roadways. If an improvement district is formed by the Town for construction or improvement of a public roadway in the Breakers Road Easement the property owner shall not protest the formation of the improvement district, and the property owner's fair share contribution to the improvement district shall be credited to the extent of the permanent Breakers Road improvements constructed by the property owner." Mr. Neubeck said the applicant approved of the condition. Vice Mayor Kai asked what would happen to the rest of the road. Mayor Sutton said this revised condition would be leverage to get that done. This would allow the project to go forward. Upon motion by Council Member Honea, seconded by Vice Mayor Kai, the ordinance was unanimously approved as revised. c. MAYOR AND COUNCIL REPORT Vice Mayor Kai reported that he had attended a ground breaking ceremony for a multi- species conservation plan that the Federal Government had committed $330 million dollars. The money would be used to maintain the life on the river and would prevent the shutdown of the river. Mayor Sutton thanked staff for working on the State of the Town address. He said it was well-received by the community and developers. D. MANAGERS' REPORT Mr. Reuwsaat announced some upcoming dates: the April 19, 2005 Council Meeting would be at Heritage Highlands; May 3 was the dedication in the new chambers and the Council Meeting would be brief; May 17 was a concurrent election. The polling place would be in the old Council chambers; the Council would meet in the new chambers. On June 7 the Council Members recently elected would be sworn in. x. FUTURE AGENDA ITEMS There were none. XI. ADJOURNMENT Upon motion by Council Member McGorray, seconded by Council Member Honea, the motion to adjourn was unanimously approved. The time was 8:28 p.m. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 5, 2005. 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