Loading...
HomeMy WebLinkAbout03/19/2002 Regular Council Meeting MinutesII. III. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 PLACE AND DATE Marana Town Hall, March 19, 2002 CALL TO ORDER By Mayor Sutton at 7:07 p.m. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/2VIOMENT OF SILENCE A moment of silence was observed. 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 Present Present Present Present Present Present Present STAFF Michael Hein Michael Reuwsaat Dan Hochuli Jim DeGrood Lynn Warde Dick Gear Ron Smith Sandy Groseclose Joel Shapiro Town Manager Assistant Town Manager Town Attorney Development Services Administrator Documents Coordinator Community & Economic Development Administrator Parks & Recreation Director Community Programs & Events Manager Planning & Zoning Director Attached is a list of public attendees. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 APPROVAL OF AGENDA Upon motion by Mayor Sutton, seconded by Council Member Escobedo, the agenda with changes was unanimously approved. The changes were as follows: 1. Agenda Item # A.3 Resolution No. 2002-33: Intergovernmental Agreement (IGA) between the Town of Marana and the Town of Oro Valley regarding the provision of temporary emergency water service was pulled off the agenda indefinitely. 2. Agenda Item # B. 12 PUBLIC HEARING: Happy Acres Annexation was moved forward on the agenda to follow Item # B. 2. VI. ACCEPTANCE OF MINUTES By motion of Vice Mayor Kal, seconded by Council Member Honea, the minutes for the March 5, 2002 regular meeting were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Joel Shapiro introduced Robin Valenzuela to the Mayor and Council. Ms. Valenzuela, a recent graduate of the Masters Planning Program at the University of Arizona, is the newest addition to the Planning and Zoning department. Sandy Groseclose addressed the meeting regarding the preparation of the Mayor's VIP breakfast which kicked off the Founders' Day celebration held on March 16-17, 2002. Ms. Groseclose thanked all of the individuals and organizations for volunteering their time and talents to planning this special event. The annual breakfast was held in a large tent just outside of the Marana Community Center and featured antique farm equipment, unique decorations commemorating the rural farming history of the Marana community, and several arts displays including a stone carving demonstration and original Hispanic art works. A classical stringed quartet comprised of Marana High School students, Andrea Morris, Tyler Swanson, Reeva Beiser, and Alisa Heisman, played in the Community Center lobby as the Mayor's guests arrived and later on the grounds outside the tent as guests departed. A harpist, Nicole Neely, provided musical entertainment inside the tent as the dignitaries were served from a catered buffet. The Town employees who served on the planning committees included Diane Mangialardi, Jocelyn Entz, Bill Derfus, the Parks and Recreation staff and maintenance crew, and Dick Gear. She also thanked the Marana Arts Council Board Members Miley Clark and Lynn Warde for their input. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 Mayor Sutton commended Ms. Groseclose on the coordination of the VIP breakfast plans and declared this year's breakfast to be the best. He congratulated everyone on the overwhelming success of the event. Kelle Maslyn spoke to the Council regarding Founders' Day as well. She thanked everyone who participated in the numerous events scheduled throughout the anniversary weekend. She especially thanked the Park maintenance crew including Charlie Valenzuela, Carlos Borboa, Israel Parades, Kipper Toland, Alexis Haskins and Galen Beem. She added that Dennis Dolan contributed greatly to the event's success as well. Detectives Terry Evans and Tim Brunenkant, representing the Marana Police Department, addressed the Council regarding the Arizona Law Enforcement Torch Run to be held May 2, 2002 from 11:00 a.m. to 1:00 p.m. They announced that the first Annual Special Olympics Golf Tournament was being held at the Heritage Highlands Golf Course on June 22, 2002. The youth tournament benefits the Special Olympics. Detective Evans credited the Arizona Diamondbacks and the University of Arizona's Athletic department with helping collect donations for this special event. Robert Ecker, Happy Acres resident, spoke before the Council regarding police patrolling in his neighborhood. Mayor Sutton promised Mr. Ecker that this subject would be addressed later in the meeting when the annexation item came before the Council. VIII. STAFF REPORTS There were no questions regarding staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2002-31 - Continental Reserve Block 12 Final Plat: request to approve a 71-lot single family subdivision on 30.08 acres, located on Block 12 of the Final Block Plat of Continental Reserve, Township 12 South, Range 12 East, Section 28, on the west side of Continental Loop Road, south of Pima Farms Road (Joel Shapiro) Resolution No. 2002-32: Agreement between Town of Marana and Scotia Joint Venture L.L.P. for Construction of Water Facilities Under Private Contract (Brad DeSpain) 3 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 Resolution No. 2002-34: Agreement between Town of Marana and KB Home Tucson, Inc. for Construction of Water Facilities Under Contract (Brad DeSpain) Resolution No. 2002-37: Renewal of Intergovernmental Agreement with Pima County for the provision of animal control services by Pima County Animal Control within the town limits of Marana, Arizona (Jocelyn Entz) 6. Strong Cities and Towns Proclamation (Jocelyn Entz) A motion was made by Council Member Honea and seconded by Council Member Blake to approve the consent agenda with the previously listed changes. The Council vote to approve was unanimous. B. COUNCIL ACTION 1. Selection of ]ames West as Marana Town Magistrate (Mike Hein) Mr. Hein spoke regarding the interview process for the magistrate position and said that there had been an excellent group of candidates available for Town staff to interview. He announced the recommendation of James West as the Marana Town Magistrate and listed Mr. West's numerous educational and professional accomplishments over the past 25 years. An informational sheet containing this data has been made a permanent part of the record. If confirmed by the Council, Mr. West will serve the remainder of the vacant magistrate term ending June 30, 2002 and a full two year term beginning July 1, 2002 and ending June 30, 2004. Mr. West addressed the Council and public and voiced his excitement over being chosen for the judgeship. He stated that he was looking forward to being a part of Marana and that he was eager to be in on the new municipal complex planning process. Upon motion by Council Member Blake, seconded by Council Member Escobedo, the confirmation of James West as the Marana Town Magistrate was unanimously approved. On behalf of the Council and Town staff, Mayor Sutton welcomed Mr. West to the Town's administration. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 2. Presentation/Discussion: Parks and Recreation Projects Update Mr. Hein commended Ron Smith and the Parks and Recreation staff for their excellent care and utilization of existing Town parks. He also acknowledged that their ongoing participation in the planning process for future park sites and amenities was vital. Mr. Smith addressed the Council regarding this item and thanked Jim DeGrood and staff for their major contribution to the success of the Marana Public Parks and Trail System's projects. He continued by giving an overview of planned projects including the Continental Ranch Neighborhood Park, the Continental Reserve Park, the Coyote Trail Park and School site, the District Park site at Silverbell and Cortaro Roads as well as the Tortolita Trail System. He announced that groundbreaking ceremonies for the Continental Ranch District Park would be held April 23, 2002 with construction beginning in mid-May. 2~he groundbreaking ceremony for the Coyote Trail Park and School is scheduled for May 23, 2002. He urged everyone to attend. Mayor Sutton congratulated Mr. Smith on the completion of these long term projects. Counc~ Member Comerford thanked Ranch Holdings, LLC, and Greg Wexler, for the generous donation of land for use in the parks systems. She pointed out that monies saved by this thoughtful commitment would be used on park amenities. Mr. Smith reported on a second project, the trails system, that inter-links with the parks system. He commented that a unique opportunity existed for Marana to create one of the finest trail systems in the western United States. He gave a brief description of the proposed trails and said that, after the acquisition of easements from the State, the start of the Tortolita Preserve Trail System would move forward. He said the system began with a trailhead located on Tangerine Road, running up through Dove Mountain and into the Tortolita Mountains and county park. He added that another trailhead would be located at the Central Arizona Project canal and head down the canal to Picacho Peak where a State park is located. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 Mr. Reuwsaat commended the Town staff on their outstanding team effort in bringing these projects to fruition. He said that one of the benefits associated with the Coyote Trail project was the addition of another 60 parking spaces near the playing fields. He commented that a great partnership existed between the Marana Unified School District and the Town which made a majority of these projects possible. Council Member Blake said that it was indeed a pleasure to see these projects completed. He thanked all involved for their commitment. Mr. Hein thanked the Council and committee members for their patience and support during the long planning process. 12. PUBLIC HEARING: Happy Acres Annexation: Consideration of the Town of Marana's desire to annex approximately 196 acres located in Section 7, T12S, R12E located south of Avra Valley Road, approximately 2.0 miles west of Interstate 10. This annexation includes several residential communities, including Happy Acres (Dick Gear) Mr. Reuwsaat briefed the Council on this item and explained that the formal annexation process, as mandated by State statute, called for a public hearing to be held within 30 days after the filing of a blank petition regarding the Town's desire to annex an area. He said that this was the public's opportunity to voice their concurrence with or objections to this annexation. He reported that an open meeting had been previously held with Happy Acres and Milligan Acres residents in order to identify concerns property owners and residents might have regarding the proposed annexation. He noted that the issues and concerns voiced at this preliminary meeting were then compiled and studied by the Town's annexation committee comprised of three Council members. A letter addressing those concerns was distributed to each resident within the proposed annexation area. Some of the issues raised included increased property taxes, water rate and water system issues, roadway improvements and the establishment of neighborhood watch programs. Mayor Sutton remarked that he would vote to approve this annexation only if there was overwhelming support from the residents to be annexed. He remarked that he would have to be convinced of the resident consensus favoring annexation before he would approve such a move by the Town. He emphasized that this annexation effort was not a maneuver or scare tactic to force the area's property owners into the Town but, instead, a genuine desire to listen to community members who had approached Marana with their interest in being annexed. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 Council Member Honea addressed the audience on this subject and directed the audience's attention to a map indicating an "island" of County land completely surrounded by the Marana community. He said that this "island" was made up of Happy Acres, Puerta del Norte, Rillito, and Portland Cement properties. He explained that those neighborhoods would truly benefit from the Town services if they chose to join in the annexation effort. He pointed out that, at the very least, these residents would gain an advantage as Marana citizens and voters in Town elections as opposed to staying Pima County residents without a voice in the decision making process relating to their neighborhood area. Upon motion by Council Member Escobedo, seconded by Council Member Blake, approval to go into public hearing was unanimous. Dan Contorno, 9150 W. Lambert Lane, thanked the Council for considering this annexation request. He said that the Pima County Sheriff's response time was in excess of one and a half hours and that fact was the best reason to approve the annexation. Karen McDonald, 7131 N. Pampa Place, stated that she was the owner of property at 9351 W. Safford, and thought that the annexation was to the property owners' benefit as they would be surrounded by the Town. She mentioned that she had experienced theft from her property and that Pima County had been slow in responding to this incident. She commented that she thought Marana would have caught the thief and said that she would like to be a part of Marana, a progressive town. Wayne Childs, 1065 N. Portland Avenue, voiced his opinion on this subject. He said that he was the pastor of Marana First Assembly of God. He said that sometimes he felt like he was looking at two separate organizations when viewing Marana. He asked what would change with this action. He said that he hoped working with the bureaucrats in Marana would be easier than others he had dealt with in Pima County. He said that he would do what was best for his friends and community in making his decision regarding the Happy Acres annexation. Mayor Sutton thanked Mr. Childs for his comments and joked that Marana had some of the best bureaucrats in Pima County! He suggested that, when residents began their fact finding and information gathering campaign, they call the Town Manager or Assistant Town Manager or other residents involved in an annexation effort. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 Dan Chavez, 10711 N. Wasson, said that he was raised in Tucson but moved out to Happy Acres in order to get away from the city life and that he was opposed to the annexation for that reason. Bob Spencer, 10750, 10770 & 10670 N. Wasson, voiced his concerns about plans pertaining to New West mining operations. He said that he had recently received a letter from Marana advising him of the Town's desire to move the rock plant south of the Happy Acres residential area. He remarked that this relocation would be important for the annexation process but would bring in additional problems such as cement batch plants and asphalt companies. He said that this would defeat the purpose of the relocation. He pointed out that, with 60-70% of the area residences being cooled by evaporative coolers, the smell of asphalt or other airborne chemicals would not be filtered from their senses. He said he would rather look at a pile of rocks than deal with chemicals and pungent odors. He requested that someone address his comments. Mayor Sutton responded that the area residents who had attended earlier neighborhood annexation meetings had said that they would rather be involved in the decision-making process when dealing with the rock plant than allowing an outside entity to decide their destiny. He reported that plenty of positive responses had been forthcoming from the property owners during the investigative process. He said that some of the topics discussed included noise mitigation, sound mitigation, and dust issues. Mr. Spencer countered with the fact that he was not concerned presently with noise or dust but he predicted that the number of trucks operating from the rock plant would triple, thus escalating the dust factor. He questioned the starting of an industrial park on Avra Valley Road in terms of the residents' close proximity to this developing area. He wondered aloud what the Town would do to protect the potential citizenry from these future hazards. Council Member Honea emphasized that the Town Council had recently passed action concerning the control of rock quarry/mining operations. He said that an ordinance, passed at the March 5, 2002 meeting dealt with this very subject and that the Town planned to hire an "officer" to oversee regulatory compliance from the transportation of quarry products to landscaping protections. He remarked that a majority of the problems described would occur anyway even if the plant was not moved. He stated that Marana wanted to be a good neighbor to the Happy Acres residents and that the Town's goal was to move the facility with its batch MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 plant, asphalt plant and screening plant as far away from the residential area as possible. He conceded that the truck traffic would not decline but that some of the other problems such as odor and noise might be lessened by the relocation. Mr. Spencer said that the batch plant and the asphalt plant were his main concern. He stated that he was worried about the odors and foreign substances that might contaminate the air with these facilities operating within his neighborhood. Mayor Sutton commented that the issues associated with the batch plant and the asphalt plant were separate from this annexation hearing and would be coming before the Council at a later date. Council Member Blake said that he understood that the New' West operation, as it existed currently, can, if they so choose, start to operate an asphalt plant and a cement batch plan and that there was no restriction against their ability to do that. Mr. Spencer countered that this issue would not be considered a mining issue but would have to be heard by planning and zoning. Mr. Hein interjected that Town staff had researched this issue, and he confirmed that Council Member Blake was correct in his belief that, under the floodplain use permit received from Pima County, New West was not precluded from those types of operations in the future. He added that there would be no requirement for zoning applications or any permitting processes. He concluded that these operations could very well occur at the existing New West site but that the question was how the annexation related to the significant land use change that was being applied for at this time. He said that the issue was whether the residents received a greater voice if they are voting members of the municipality. He pointed out that certain members of the Happy Acres community had been active participants in the Marana planning processes and felt more secure if they were able to vote for the elected officials or policies that affected their lives. He said that, in annexing the existing gravel pit, Marana' was attempting to control the operations and ensure that compliance was higher in standard than what exists currently under Pima County regulations. Mayor Sutton summarized Mr. Hein's comments by saying that the Town was trying to do the right thing in terms of regulations relating to sand and gravel operations regardless of whether or not the Happy Acres area 9 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 was annexed. He said that Marana had been publicly credited in numerous publications with attempting to accomplish stricter controls over mining operations than were presently in place at the State level. Mr. Hein emphasized that whether or not the Town annexes the Happy Acres area under public hearing at this time doesn't affect the significant land use change or the current operations or current permitted uses of the existing pit operation. Dalia Wakely, 9311 W. Avra Valley Road, complained that she did not receive proper notification of this annexation effort and worried that she was omitted from the certified letter distribution even though she owned property directly across from the mining operation. She said that she had contacted the office of the Community and Economic Development Administrator twice but had not received any response. She voiced the same concerns as the previous audience member and said that she felt the deal was already made. Mayor Sutton responded by warning the speaker that legal issues were associated with the significant land use issue and that, since the topic was not a current agenda item, the discussion could not be permitted. He did ask that the omission of Ms. Wakely from the notification process be addressed. Mr. Hein stated that a letter from Dick Gear's office relating to the asphalt plant operation's application for a significant land use change, a separate issue, was never distributed. He advised that distribution lists for notifications from the Town were compiled from current property owners' names supplied by the Pima County Assessor's office. Ms. Wakely said that she had received a letter regarding a meeting schedule change and she continued to worry about receiving future annexation notifications. Mr. Gear replied that he would make sure she received any future notifications from the Town and added that the notification lists were provided by the Pima County Assessor's roll. He continued by saying that he now had her address and would make a point of getting any irfformation forwarded to her attention. Mr. Hein remarked that some non-owner situations, such as renter/tenant occupied properties, existed and might possibly explain Ms. Wakely's situation. He informed the Council and public that signs announcing the 10 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 proposed annexation had been posted throughout the Happy Acres area as required by law and public hearing sessions, such as this one. Marge Russell, 10620 N. Longview, relayed her concerns regarding dust and noise from the Old West mining business and said that she was wary of Marana "looking after" her well-being. She asked how all of the mining operations came to be located in her neighborhood. She said she was opposed to the annexation of Happy Acres. Mayor Sutton commented that annexation action had been ongoing for the Happy Acres area for as long as he has been associated with Town government. He pointed out to Ms. Russell that her neighborhood was still officially in Pima County and the annexation effort by Marana was still in the hearing stages. He added that the main reason for attempting to annex her area was to have a say in the industrial development currently taking place. Council Member Honea stressed that the gravel pit operation was approved by the Pima County permitting process. He said that the land directly across from Happy Acres was not currently within the Marana boundaries. He commented that part of the reason for annexation of the mining property was to have more control over the operations and to attempt to move them away from the residential area. He said that there were two separate issues, one with the Happy Acres annexation and the other with the sand and gravel operation. He concluded by stating that no permits had been issued from the Town of Marana. He said that part of the Town's agreement with the sand and gravel operation was to move all of their facilities as far down on their property as possible. He added that different Council members throughout the years had been concerned about the older neighborhoods like Happy Acres, Honea Heights, Silverbell West, Rillito, Puerta del Norte and Palo Verde. He said that the time was right for the Town to offer services to these residents. Ms. Russell asked if Pima County had the same notification process requirements as Marana. She remarked that it was not allowed for one jurisdiction to annex land completely surrounding another jurisdiction, creating an island. She asked if this was true and, if so, how did this happen. Mr. Hochuli responded that a State law forbidding the creation of "islands" was not in effect at the time the Happy Acres area became surrounded by Marana. 11 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 Mayor Sutton exclaimed that this was a perfect example of why the State law was enacted, to eliminate an area from being ignored because of its jurisdictional separation. He went on to say that there were many benefits to becoming a part of the Marana community including better police protection, fire protection, no property taxes and better representation in the local government. He promised that his commitment would stand and he would vote for approval only if an overwhelming majority of the residents wanted the annexation. He also said that every speaker at this meeting would be notified of any action related to the annexation efforts. Barbara Pollitin, 10502 N. Airline Road, asked for clarification on the annexation process for the sand and gravel pit operation. Mayor Sutton said that the annexation effort for the mining operation was in the process but that the Town was committed to getting control of this area and would go so far as to force the annexation through the process to ensure that control. Mr. Hein added that a public hearing to discuss the annexation of that parcel had taken place. He said that this was a condition the applicant for the significant land use change had agreed to in order to get the SLU change. He said that the Town wanted uniformity in the rules and did not want to regulate the sound, the dust, and the landscaping on one portion with the County portion going unregulated. Mayor Sutton said that it would probably be easier for the applicant to stay with Pima County because of the rights and long term commitments. The Mayor said that this was a different type of annexation and the mining operation officials were stepping up to the plate and taking responsibility for their industry in this move to become a part of Marana. Ms. Pollitin commented that she was totally against the asphalt plant as she was an asthmatic and she was already experiencing the effect of the dirt from the cement plant. Vicki Calder, 9302 W. Malanga Place, spoke regarding her concurrence with the annexation. She said that the County did not do anything for the Happy Acres residents in terms of crime control. Victor Densmore, 4100 N. Romero Road, said that he was a Milligan Acres property owner but lived in Tucson. He was quite concerned with the 12 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 proposed annexation because he was wary of the costs to the residents for all of the services the Mayor said would be provided with the annexation. Mayor Sutton said that he understood the pessimistic attitude of some residents as he had experienced the same "no free lunch" feeling. However, he again stressed the fact that the Town survived on sales tax and development fees and no property tax would be imposed from any member sitting on the current Town Council. He said that occasionally the school taxes and the property assessments might rise but that there would not be a property tax added by the Town. He pointed out that this annexation created a negative cash flow for the Town and he challenged anyone to check that fact. Council Member Honea said that Marana did receive monies from the State through the shared State revenue program for the cities' and towns' populations within their respective communities. He said that Marana got approximately $250 per citizen annually. He said that it would not be an extraordinary burden on the Town to provide the services mentioned earlier. Mr. Densmore said that he wanted to put a horse on his property eventually. He commented that, through County zoning regulations, he could drill a well on his property. He asked what the restrictions might be ff he was annexed. Brad DeSpain answered that, according to State law, any property owner was allowed to drill a well that pumped less than 35 gallons per minute. He continued that the Governor's Water Commission currently being held was attempting to lower that to 10 gallons per minute. He commented that there were wells being drilled in the middle of the densest populated areas of Tucson such as the El Con neighborhood. Mr. Densmore said that he would take the word of the Utilities Director. Mayor Sutton said that he appreciated Mr. Densmore's honest questions and he assured him that the Town of Marana did not have a hidden agenda on this annexation effort. He said that the Town was in a very strong position, and one of the strongest municipalities in the State of Arizona. Mayor Sutton asked Robert Ecker, an earlier speaker during calls to the public, if his questions regarding police patrolling had been answered. Mr. Ecker replied that they had and he had no further questions. 13 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 Annie Shellberg, 10650 N. Longview, said that even though she was not a citizen yet, she had enjoyed the benefits of Marana through Park programs her son was enrolled in during the summer. She said that her fee, as a non-resident, was the same as that of a resident. She was concerned about the gravel pit lights and nighttime work and the batch plant plans. She was in favor of the annexation because she would have an opportunity to participate in the action as a Marana resident and elector. The Mayor joked about exorbitant fees being imposed through the Parks and Recreation programs for the non-residents and said that was how the Town made its money on annexations. He said the Town had a lot to offer and urged everyone to give the annexation option consideration. Les Wallace, 10450 N. Airline Road, spoke about receiving a memorandum from the Town regarding capital improvement for Saguaro Springs. He voiced his opposition to the annexation effort. Mr. Reuwsaat said that the memo covered the street improvements for the Saguaro Springs area. He added that it should be noted that a trails system was being installed in the area along the Santa Cruz River in conjunction with Pima County. This trails system will run throughout the entire County and tie up with the Wild Burro Trail system. There are recreational improvements and capital improvements ongoing for the area and, possibly, a regional park near Happy Acres. Mr. Wallace was adamant that the memo indicated that all improvements point to Saguaro Springs and the Town only wanted to use the roadway system through the Happy Acres housing area in order to get to the Saguaro Springs development. Mayor Sutton asked the development services administrator to address this issue and to touch on the developer requirements to do onsite and offsite improvements. Mr. DeGrood responded by saying that a great deal of pride was taken by Town staff in the ability to work constructively with the development community in addressing regional problems. He said that it was recognized that the Saguaro Springs development would have an impact on the community and the Town felt the duty to ensure that the impact was mitigated and that the infrastructure in better shape. He continued by saying that the developer was required to do overlay work on both Airline and Lambert Roads, build turn bays and separate pedestrian paths. He remarked that the primary access to Saguaro Springs was 14 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 believed to be by way of Twin Peaks Road and a new interchange was being planned. He said that he was aware of the poor condition of Twin Peaks and that the developer was being required to repair the failed roadway in its entirety as well as providing drainage culverts that will address the flooding problem in the area. He ended by saying that Town staff took very seriously their obligation to provide appropriate facilities associated with new developments. He added that all new development also had to pay an impact fee of $2,435 per home as a contribution toward the Twin Peaks interchange which is about twice what Pima County would charge the developer. Again, Mr. Wallace emphasized that all of the listed improvements were in conjunction with the Saguaro Springs development which indicated to him that the only roadway improvements in or around Happy Acres was the access roadways into Saguaro Springs. Mayor Sutton said that he was hopeful that staff had explained the contrary in regard to the method used by the Town to design a subdivision. He said that the Saguaro Springs subdivision had been planned as far back as six years and that members of the Happy Acres community had been involved in the process from the beginning stages. Mr. Wallace questioned a collector street located west of the conveyor that was mentioned in the memorandum and said that the verbiage was quite vague for his taste. He again stated that his feelings were that Happy Acres was simply being used as an entranceway for Saguaro Springs. Cotmcil Member Comerford said that she understood exactly was Mr. Wallace was saying. She reiterated that once Happy Acres became a part of the Town, there was an obligation to ensure the safety, health and welfare of its residents. The Happy Acres streets would be just as important to the Town as any other roadway within its boundaries. Mr. Wallace continued to voice his concerns with increased traffic through his neighborhood due to various turn lanes and accesses into Saguaro Springs. Council Member Comerford said that, as a resident, the opportunity to appear before the Council to make their concerns known was a benefit of the annexation. Council Member Honea added that the Saguaro Springs development was also being required to install a 1,000,000 gallon storage capacity water 15 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 storage. This will be connected with the Happy Acres so as to alleviate future water problems. He mentioned that several fire hydrants had already been erected within the Happy Acres neighborhood even though they were not within Town boundaries. He commented that by getting larger lines and hydrants, their house insurance can be lowered for that redundancy. Mrs. Shank, 10610 Wassan, asked if the new development was for sale again or not. Mr. Hein replied that he could not say who owned that property. Paul Stone, 9350 W. Malanga Place, asked if he could assume that the New West operation was already fully negotiated on the asphalt plant. Mr. Hein said that the property in question was not fully negotiated and that the placement of an asphalt plant on the property was not assured. Reverend Childs returned to the podium and asked about the Twin Peaks roadway in regard to the flood condition and which jurisdiction to deal with during problems. Mr. DeGrood was not sure of the annexation boundary but said that, even if outside the boundary, the Town would be happy to advocate on his behalf. Council Member Escobedo moved to come out of public hearing. The motion was seconded by Council Member Blake and unanimously approved. At 8:39 p.m., Mayor Sutton recessed the meeting. At 8:54 p.m., the meeting was reconvened with all Council members present and seated on the dais. 3. Presentation/Discussion: 4th of July 2002 (Ron Smith) Sandy Groseclose gave a brief presentation regarding the upcoming 4~ of July 2002 celebration. The concept is joint participation with the Marana Unified School District and the Town using the Ora Mae Ham District Park and adjacent facilities as the venue. She pointed out some of the advantages of moving the event including the availability of shade, recreational facilities, and ease of location for viewing the fireworks. 16 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 Upon motion by Council Member Comerford, seconded by Vice Mayor Kai, approval to relocate the 44 of July event from the Marana Northwest Regional Airport to the Ora Mae Ham District Park was unanimous. Marana Northwest Regional Airport - Update: Capital Improvement Project enhancements to the Marana Northwest Regional Airport (Dick Gear) Dick Gear appeared before the Council and briefly outlined the Capital Improvement Project (CIP) enhancement underway at the Marana Northwest Regional Airport. He introduced Leon Vickers, chief engineer representing Kimley-Horn and Associates, Inc., and turned the presentation over to Mr. Vickers. Mr. Vickers presented the Council with a written status report listing several ongoing airport projects. These projects include the fire suppression system, the security fence upgrade, and an extension and reconstruction of Runway 3/21. This sheet has been made a permanent part of this record. 5. PUBLIC HEARING. Ordinance No. 2002.05 - Old West Business Center Rezone: an application for approval to rezone approximately 3.7 acres from "R-36' (Single family residential, minimum lot size 36,000 sq. ft.) to "HI" (Heavy Industrial) located at 6800 N. Camino Martin, in a portion of Section 6, Township 13 South, Range 13 East (Joel Shapiro) Mr. Shapiro gave a short explanation of this item. He said that prior to this area being annexed into the Town, the Camino Martin neighborhood was transitioning from residential to industrial use. He pointed out that there was a varied range of zoning uses within the neighborhood including service businesses such as animal grooming to construction oriented businesses, and storage yards. He stated that staff recommended approval of this rezone request with the addition of six conditions called out within the ordinance. Woody Mersheimer, industrial specialist with the Grubb & Ellis Company, represented the applicant, Tony Gutierrez, before the Council. Mark Ritter, Camino Martin resident, addressed the Council regarding this item. He said that he had resided at the same location for over 30 years and had first-hand knowledge of the usage changes over the years. He commented that his property was directly between the two properties in question and that he had absolutely no objections to the zoning 17 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 changes. He added that, in fact, everything the applicant had done to the neighborhood had been an improvement and compliment to the area. Upon motion by Council Member McGorray, seconded by Council Member Blake, unanimous approval to come out of public hearing was given. There was no further discussion regarding this item. Upon motion by Council Member Escobedo, seconded by Vice Mayor Kal, Ordinance No. 2002.05, with conditions, was unanimously approved. 7. Resolution No. 2002-17 - TRICO Communication Tower Conditional Use Permit: An application for approval of a conditional use permit to construct and operate a new 100-foot-tall lattice communications tower at the new TRICO facility located at 8600 W. Tangerine Road in the southeast I/4 of Section 31, Township 11 South, Range 12 East. As chairman, Mayor Sutton opened the Public Hearing and closed the hearing without discussion as there were no speakers from the public. Upon motion by Council Member McGorray, seconded by Council Member Blake, Resolution No. 2002-17, with conditions, was unanimously approved. 7. PUBLIC HEARING. Ordinance No. 2002.04 - Hidden Springs Rezone: Consideration of approval of a proposal to rezone approximately 10 acres of lands from Zone "C' (Large Lot Zone), to Zone "R-36' (Single Family Residential minimum lot size 36,000 sq. ft.). Located in the northeast quarter of Section 26, Township 11 South, Range 12 East, on Tortolita Road north of Moore road. Assessor's Parcel Number 218 ~-~-- 0200. (Joel Shapiro) Again, as chairman, Mayor Sutton opened the public hearing and closed the public hearing without discussion as there were no speakers from the audience. Mr. Reuwsaat gave a brief summary of this item. There were no questions from the Council. Upon motion by Council Member Escobedo, seconded by Council Member Honea, Ordinance No. 2002.04, with conditions, was unanimously approved. 18 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 Resolution No. 2002-25 - Continental Ranch Retail Center Preliminary .Plat: Request for approval of the Preliminary Plat to allow for the creation of a commercial subdivision consisting of three blocks and ten lots on 77.78 acres within the Continental Ranch Specific Plan, on the south side of Cortaro Road, west of 1-10 in Sections 26 & 35, Township 12 South, Range 12 East. (Joel Shapiro) Mr. DeGrood spoke before Council regarding this item. He explained that the only condition associated with this request was that archaeological testing on Block 1 of this site be performed and that there was archaeological acceptance by the Town of Marana prior to any trenching or utility work being done on any of the sites. o 10. Upon motion by Vice Mayor Kai, seconded by Council Member Blake, Resolution No. 2002-25, with conditions, was unanimously approved. Resolution No. 2002-36: Approving the San Lucas Development Agreement Between the Town of Marana and BCIF Group, LLC (Mike Reuwsaat) Mr. Reuwsaat explained this item to the Council. There was no discussion. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2002-36 was unanimously approved. Resolution No. 2002-38: Approving the Pre-Annexation and Development Agreement between the Town of Marana and Tucson's Wolfe Gang, L.L.C. (Mike Reuwsaat) Grady Catlett, annexation area resident, spoke before Council and thanked them for putting the noise ordinance in place prior to this annexation effort. He pointed out that the Council was being asked to approve vague land usage requirements and signage that conflicted with the accepted standards of Town signage. He commented that certain signs were placed within existing right-of-way areas. Mr. Reuwsaat addressed Mr. Catlett's concerns. He thanked him for his time and effort regarding this annexation action and said that some of the land usages were purposefully left vague in order to allow the Town staff an opportunity to evaluate each issue on a case by case basis. Mr. DeGrood said that the sign issues were being looked into, and he requested that the Council to turn their attention to Section 4.1 of the pre- 19 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 annexation and development agreement where signage placed in the public right-of-way was addressed. Emily Johnston, owner of property located adjacent to La Tierra Linda resort, voiced her concerns with noise abatement related to the proposed annexation area. She asked if the noise committee would be reconvened if the existing ordinance was not sufficient to alleviate problems. Mayor Sutton replied that the applicant was agreeable and willing to work toward an amiable compromise for all concerned and was totally committed to being a "good neighbor." The Mayor vowed that if noise issues continued, he would become personally involved in rectifying the situation to everyone's approval. Ms. Johnston pointed out that Pima County had inserted a caveat into a special use permit for La Tierra Linda relating to the western town stage area. This condition was that there would not be any stage acts at special events held at the resort. Mr. Reuwsaat said that an escalating clause contained within the resort/recreation zoning ordinance covered additional irffractions dealing with noise and that heavy-handed fines started at $1,000. He said that the Town had gone to extraordinary lengths to provide backup mechanisms in dealing with noise abatement and subsequent infractions. He pointed out that the Town had also looked into many types of future events that might occur within the R/R zoning designation with the specific intent of preventing neighborhood disruption and discord. He guaranteed Ms. Johnston that she had the Town's commitment to follow through on any developing problems regarding noise issues within the Tierra Linda annexation area. He thanked Ms. Johnston for her commitment to work along side of the Town and the resort ownership. Ms. Johnston thanked the Council for inviting her to be a participant on the noise abatement committee and said that she looked forward to working with the Town on a fair solution for all. Mayor Sutton commented that it was a pleasure to work with all the county residents as well as the applicant in order to reach a solution agreeable to all parties. Upon motion by Council Member Honea, seconded by Council Member Blake, unanimous approval of Resolution No. 2002-38 was given. 20 11. 12. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 Ordinance No. 2002.09 - Tierra Linda Annexation: Consideration and approval of an annexation comprising approximately 104 acres adjacent to the Town's boundary and bisected by Wade Road in the Continental Ranch area. The annexation area lies in portions of Sections 33 and Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona. This annexation will bring the La Tierra Linda Resort into the Town of Marana (Dick Gear) Upon motion by Council Member Honea, seconded by Council Member Blake, Ordinance 2002.09 was unanimously approved. EXECUTIVE SESSION. Pursuant to A.R.S. § 38-431.03 (A) (4) for discussion and consultation with the Town Attorney in order to consider the Town's position and instruct its attorney regarding pending and contemplated litigation in Tortolita vs. Town of Marana, Aspen Green v. Tucson, and related cases (Dan Hochuli) Mr. Hein reported that an Executive Session was not necessary at this time and could be suspended due to actions taken previous to this meeting. Mr. Hochuli reported that the various Tortolita-Casas Adobes-Marana cases were continuing. He said that, by his calculations, the time period within which the Town of Tortolita could request appeal to the United States Supreme Court had passed and no documents or indication that an appeal was filed so it appeared as if the Arizona Supreme Court decision was final. He added that the ruling stated that neither of the two new towns, Tortolita or Casas Adobes, were formed ad initio or from their inception. 14. Action on Executive Session. As there was no Executive Session held, no action was taken on this item. 15. Le_Rg~slative ~ (Mike Hein) Michael Racy spoke before the Council and gave a legislative report. He said that the Legislature had been deadlocked for the last month while it tried to form a resolution dealing with the $230 Million deficit on the 2002 budget. He reported that a compromise had been reached, passed and forwarded to the Governor's office. He continued by saying that closing a $1 billion deficit for the 2003 budget was the real work ahead. He said that bills planned for March 1st completion were a month behind schedule. 21 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 He irdormed the Council that bills of special interest to Marana included the area of airport funding. He explained that the town was instrumental last year with a coalition of airports in helping to restore funding for the State's airport improvement program, The Flight Fund. He said that Marana was continuing its battle to ensure that what was gained last year was not taken away in the '03 budget. Some of the other air service related legislation included a tax deferral bill for America West and Southwest Airlines that would have eliminated all revenue in the flight fund for the next three years, the provision of matching funding from the State's share of the flight fund for rural air service. Marana would not have been eligible for that federal grant money and the bill would have specified that all of the airports in the state subsidize four potential candidates for this rural air service program. Mr. Racy reported that he had worked out a compromise with the Governor's office and the Dept. of Commerce. He continued his report by saying that there were a number of bills going through that were related to the Vision 21 Task Force, a number of annexation related bills, dozens of bills on the planning process including a clean up of the Growing Smarter legislation, and a bill that would give a tax break to commurdty health centers located in rural and medically underserved areas. He said that this would certainly be of significant benefit to the Marana Health Center. Mayor Sutton asked about the State shared revenue. Mr. Racy replied that no one had seen formal numbers for the '03 budget but that it was understood that the cuts would be gigantic. C. MAYOR AND COUNCIL'S REPORT Mayor Sutton commended everyone on the wonderful Founders' Day festivities celebrating the Town's 25th anniversary. He said that it was a resounding success. Council Member Escobedo reported that he had been invited by the National Association of Latino Elected and Appointed Officials to participate in an educational foundation in Mexico. He also announced signups for Marana Little League to be held April 6· at the Marana Ball Park. He said that a minimum of four women must be on each team. He urged everyone to attend the Marana Police Dept's Special Olympics event. There were no other reports at ti'Lis time. D. MANAGERS' REPORT 22 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL MARCH 19, 2002 FUTURE AGENDA ITEMS There were no future agenda items suggested at this time. XL ADJOURNMENT Upon motion by Council Member Blake and seconded by Council Member McGorray, unanimous approval to adjourn was given. The time was 10:20 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 19, 2002. I further certify that a quorum was present. .E y~n ~ ~de, D~oc~u m~een ts~Coordinator 23 MARANA TOWN COUNCIL MEETING Public Attendees DATE: Name .Address /7. MARANA TOWN COUNCIL MEETING Public Attendees DATE: Name MARANA TOWN COUNCIL MEETING Public Attendees Address