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HomeMy WebLinkAbout10/19/1999 Regular Council Meeting MinutesM IN UTES OF .REG ULA R COUNCI.L MEETING MARANA TOWN' COUNCIL OCTOBER 19, 1999 II. III. IV. Ye PLACE AND DATE Estes Elementary School Multi-Purpose Room, October 19, 1999 CALL TO ORDER Mayor Bobby Sutton, Jr. at 7:00 p.m. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION Led by Vice-Mayor Michael Reuwsaat ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Mike Reuwsaat Vice-Mayor Present Ed Honea Council Member Present Herb Kai Council Member Present Ora Mae Harn Council Member Present Roxanne Ziegler Council Member Present Jim Blake Council Member Present STAFF Michael Hein Dan Hochuli Jocelyn Entz Jim DeGrood Joel Shapiro Brad DeSpain Town Manager Town Attorney Town Clerk Acting Development Services Administrator Planning Director Utilities Director The list of public attendees is attached. APPROVAL OF AGENDA Upon motion by Council Member Harn, seconded by Council Member Honea, the agenda was approved as written 7/0. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN' COUNCIL OCTOBER 19, 1999 VI. ACCEPTANCE OF MINUTES A. Minutes of Regular Council Meeting - October 5, 1999 Upon motion by Council Member Honea, seconded by Vice-Mayor Reuwsaat, the minutes of the October 5, 1999 regular Council meeting were approved 5/0. Mayor Sutton and Council Member Ziegler abstained, as they were absent. VII. VIII. IX. CALL TO THE PUBLIC/ANNOUNCEMENTS Brad DeSpain, Utilities Director, commended three staff members for their outstanding work in preparing the Town's annual Water Quality Report. These employees included Ann Meaders, Janet Carr and Joe Miller. Mayor Sutton recognized Patricia Cadigan, Vice-Principal of Marana Junior High School, and presented her with a proclamation declaring the week of October 25-29, 1999 as "Red Ribbon Celebration Week". This is a national campaign and communities acknowledge unity in fighting against illegal drug use and building safe neighborhoods. Citizens demonstrate their commitment to healthy, drug-free lifestyles by wearing and displaying red ribbons. Mike Lee spoke before the Council and thanked them for their efforts in resolving growth issues regarding the Continental Reserve area. He encouraged the Council to continue to help Marana grow in a sensible manner with less density. STAFF REPORTS There were no questions regarding the staff reports. CONSENT 1. Resolution No. 9%100 - Silver Moon Release of Assurance Agreement, Trust No. 10,912, for lots 1 through 101 and Common Area A (Private Drainageways and Open Space), and Acceptance of Public Improvements for Maintenance (Jim DeGrood). 2. Resolution No. 99-103 - Appointments to the Marana Municipal Property Corporation (Roy Cuaron) Upon motion by Vice-Mayor Reuwsaat, seconded by Council Member Jim Blake, the consent agenda was approved as written 7/0. GENERAL ORDER OF BUSINESS MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL OCTOBER 19, 1999 A. Discussion/Direction: Marana Transportation Plan Update: authorization for staff to initiate a Marana Master Transportation Plan Study Update (Jim DeGrood) Mike Hein explained that many factors such as changes in the Town's corporate limits, the development of several master planned communities, and environmental factors influencing land development had created a need for an updated Marana Transportation Plan. He stated that the Arizona Department of Transportation (ADOT) had indicated an interest in including an update on Interstate 10 issues and that Pima Association of Governments (PAG) had $50,000 of funding available for the Town to prepare this transportation plan update Upon motion by Vice-Mayor Reuwsaat, seconded by Council Member Kai, staff was directed to initiate a Marana Master Transportation Plan Study Update. The motion was approved 7/0. B. Discussion/Direction: Traffic Impact Analysis Study Criteria: Authorization for staff to develop alternatives to current criteria (Jim DeGrood) Mr. Hein stated that this item came out of the public's concern about how the Town rates traffic impact from development. He turned the discussion over to Jim DeGrood, Acting Development Services Administrator. Mr. DeGrood explained that two items considered in the Town's traffic impact analysis were ADOT's guidelines and the level of service that would be acceptable to the Marana residents. Upon motion by Vice-Mayor Reuwsaat, seconded by Council Member Ziegler, the Town Engineer was directed to review the design standards for roadway infrastructure within the Town and develop new traffic impact analysis guidelines for private development work proposals within the Town 7/0. C. Discussion/Direction: Authorize staff to reallocate $6.3 million for transportation (Roy Cuaron) Mr. Hein explained that $2.9 million remained in unexpended bond proceeds from their October 1997 issuance through the Marana Municipal Property Corporation (MMPC). He recommended the effective utilization of these remaining funds by several methods of allocation. These methods included the reallocation of modular building bond funds to Development Services Center (DSC) tenant improvements; the allocation of $367,528 in interest earnings to DSC tenant improvements and the Senior Center as needed; and the reallocation of the remaining balance of land and water system acquisition funds ($2.5M) to road improvement projects. In conjunction with the bond reallocation, monies currently budgeted for the municipal complex ($2.0M) and the linear park ($1.0M) would be allocated to transportation improvements in the Continental Ranch area. MINUTES OF REGULAR COUNCI.L MEETING MARANA TOWN COUNCIL OCTOBER 19, 1999 Mayor Sutton stated that the public should not be concerned that projects such as the inclusion of the Continental Ranch water system into the Marana Water system would not be brought to fruition. He said that these projects would be completed in the future and that the bond funds allocation allowed the Town to utilize monies in a more practical manner for the community's immediate needs. Upon motion by Council Member Harn, seconded by Council Member Honea, authorization for the Town staff to reallocate $6.3 million for transportation to the recommended changes described herein was approved 7/0. D. Resolution No. 99-102: Design of Cortaro Road, 1-10 to Silverbell road and Santa Cruz River Bridge (Jim DeGrood) Mr. Hein stated that he was seeking the Council's authorization to award the contract amendment for final design to McGovern, MacVittie, Lodge & Associates, Inc. (MMLA) for professional roadway engineering and bridge design services. This professional service contract includes projects located on Cortaro Road, 1-10 to Silverbell Road and the Santa Cruz River Bridge. He stated that public involvement was planned for the design process and he anticipated streamlining the project schedules to expedite the permitting process. Upon motion by Council Member Ziegler, seconded by Council Member Honea, Resolution No. 99-102 was adopted 7/0. E. Discussion/Direction: Transportation Issues at Continental Ranch and 1-10 (Mike Hein) Mr. Hein explained that the traffic stacking problems on the off-ramp at Cortaro Road and Interstate 10 had been discussed with numerous town residents and that their input was appreciated. He stated that discussions to impose conditions on certain developments had taken place. These conditions would stop vesting processes for the developer unless the traffic problems were addressed. Mr. Hein stated that a more comprehensive approach to this transportation problem must be considered and that the Town would be better advised to look at this problem as a regional one. lie further stated that staff was seeking authorization to formulate a strategy to address this problem and report back to the Council at the November 2"a meeting, or to research the implementation of a moratorium on subdivision final plats. He continued by stating that additional authorization was sought to contract with an engineer to design an additional lane on the northbound off-ramp and make application to the State for the necessary right of way. Vice-Mayor Reuwsaat stated that he would like to have the staff look at the options of moving up to a moratorium by establishing thresholds such as limited issuance of building permits. Mr. Hein responded by stating that, in developing the criteria previously discussed under Item X. B., he planned a more routinized, scheduled and thorough annual traffic count program. MINUTES OF REG'UI~AR COUNCIL MEETING MARANA TOWN COUNCIL OCTOBER 19, 1999 Mayor Sutton stated the Town had looked at the community growth as a whole and pacing the transportation needs as the region grew. Council Member Ziegler commended Mr. Hein on his strategy presentation and inquired if timelines, costs and milestones would be incorporated into this plan. Mr. Hein responded that the final plan would include tracking requirements but that the staff's conceptual and technical ideas for alleviating Continental Reserve traffic problems would be stalled until coordination with ADOT took place. He further stated that Marana would be forced to stop development in its jurisdiction if the application to the State for the necessary right of way was denied. Council Member Kai stated that this item was a very important safety issue for the community and that a timetable was essential. Mr. Hein responded by stating that a report including cost estimates, scope and timelines would be ready for the Council's review by the November 2na meeting. Upon motion by Vice-Mayor Reuwsaat, seconded by Council Member Blake, staff was directed to formulate a strategy to address the stacking on the northbound off ramp at 1-10 and Cortaro and rePort back to Mayor and Council at the November 2~a meeting, or research the implementation of a moratorium on subdivision final plats. Staff was further authorized to contract with an engineer to design an additional lane on the northbound off-ramp and make application to the State for the necessary right of way. The motion was approved 7/0. Resolution No. 99-101: Preliminary Block Plat for Continental Reserve: Request for approval of a Preliminary Block Plat consisting of 20 Blocks on approximately 600 acres within the Pima Farms Specific Plan. Includes residential, commercial, and multi-family Blocks as well as a school site and considerable open space. Identified as parcel numbers 221-21-7A and 221-26-4A, located in portions of Sections 28 and 33, Township 12 South, Range 12 East. The Applicant is Continental Reserve, LLC, 2200 E. River Road, Suite #115, Tucson, AZ 85718 (Joel Shapiro). Mr. Hein gave a brief history of this item and explained changes and specific conditions listed on this resolution. The discussion was turned over to Michael Racy, representing Diamond Ventures, Inc. Mr. Racy stated that four additional conditions would be offered by the developer. These conditions were the result of numerous meetings with residents, the developer, Town Council and staff. The conditions are: 1) removal of the high density use to eliminate apartment usage; 2) a voluntary reduction in the density cap imposed in the block plat to 18,075 units from 22,057 units allowed by zoning regulations; 3) along the southern boundary of the property, not less than 40% shall remain as natural open space without walls or impediments; and 4) MINUTES OF REGUI.AR COUNCI.L MEETING MARANA TOWN COUNCIL OCTOBER 19, 1999 along the western boundary of the property, an increase from 15 feet to 20 feet of natural landscape areas. At this time, Mayor Sutton opened the meeting for public discussion. Mike Lee presented the Council with a petition signed by approximately 700 residents. The petition has been made a part of this record and specifically addresses Resolution No. 99-101 and the residents' concerns for the wide impact Continental Reserve has on this region. Mr. Fahey continued by stating that it had been gratifying to the community to see the responsiveness and hard work of the Town staff and Mayor and Council regarding this issue. He also commended Diamond Ventures and Michael Racy for dealing with the citizenry in a professional manner and showing a sense of accommodation and compromise. Mr. Gary Macey spoke briefly regarding his concerns with the density levels along the southern and western borders of the Continental Reserve property and maintaining the character of the natural Sonoran desert atmosphere in harmony with the native vegetation and wildlife. Mr. Hein stated that another series of hearings would be called when the preliminary and final subdivision plat approvals were presented, and, at that time, the developer would be required to comply with imposed regulations. He said that the open space areas shown on the block plat could be either parks or undisturbed land and that the 30% requirement for open space excludes the parks, schools or dedicated roadway areas. Mr. Robert Ferreira spoke regarding his concerns with the density levels allowed on the western and southern boundaries of the Continental Reserve property. Ms. Penelope Hendricks stated her concerns with the diminishing buffer zone between the natural desert landscape and the traffic hazards for the native wildlife. Mr. Ric Canfield stated his concerns with the proposed Wade Road improvements and the diminishing quality of life brought on by high density planning. He read several excerpts from the Marana General Plan relating to existing neighborhood conformity and compatibility and urged the Council to establish developmental review procedures to safeguard reasonable buffer zones. Ms. Betsy Hannon spoke regarding the southern border of the Continental Reserve property and her desire to have an appropriate buffer zone between her property and the proposed development. Mr. Arthur Johnson spoke before the Council and asked if a federal injunction issued earlier in the day would affect this development. Mr. Hein responded by saying that a federal ruling had been issued some time ago in regard to 404 permitting and allowing projects to proceed under a nationwide permit versus an individual permit. He said that he was also aware that the Arizona Department of Transportation director put a cease and desist order on any 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL OCTOBER 19, 1999 projects involving the nationwide permit because they were uncertain of the legal implications. He stated that, even though the news reports were characterizing this issue as related solely to the Cactus Ferruginous Pygmy-Owl critical habitat designation, he feels the federal ruling may be applicable to national designations as well. Mr. Dave McGuire stated that he felt Diamond Venture's concessions were substantial and he was happy to see the apartments dropped from planning. He advised that the Town should study the analysis and reports before moving forward with new developments and that it was essential for the infrastructure to be in place prior to growth. Mr. Ron Bednarz spoke before the Council and called on any member to put forward a motion citing a moratorium on further development if specific improvements were not made regarding the area's traffic problems. He added that he was against any traffic exiting onto Wade Road and that he would vote against future school bond issues because he felt that the developers should pay for the schools' sites and buildings. Mr. Teril Morton stated his concerns with the development and density designations along the southern border of the Continental Reserve property. Jon Colby spoke about his concerns regarding the 'ongoing traffic hazards related to the development along Wade, Ina, and Silverbell Roads. Ron Zewick voiced his concerns about potential commercial development on 15 acres along Wade Road. He questioned the need for these neighborhood stores and asked if impact fees from residential development would cover the Town's revenue requirements. Mr. Racy responded that the development plans were for general retail establishments to aid in reducing the number of roadway trips that are otherwise generated on surrounding streets. Mr. Hein briefly explained the differences between a block plat and a rezone in terms of the limiting factors involved. He stated that the request for approval of this block plat was based on a vested right through a 1989 zoning process that was subsequently litigated. This item was dividing up that vested zoning right and allocating densities. He added that there would be a public process in the future as the development progresses. Mr. Zewick questioned if there were any regulations governing liquor licenses for this area. Mr. Hein responded that this was a separate process and that the Mayor and Council made recommendations to the Arizona Liquor License and Control Board for the issuance of these licenses. In the past, the Town had recommended denial of a liquor license and the applicant had appealed the decision but the Town prevailed at the appeals process. Mayor Sutton commented that he held the same concerns as the public in that he was a father and resident of the Continental Ranch area. M IN {LITES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL OCTOBER 19, 1999 Council Member Honea asked about the structural setbacks proposed for Wade ROad and if the homes would be built up to 15 feet from the property line on the south and west sides. Mr. Racy responded that there was an alternating 50 or 75 feet building setback for structures and a 15-foot natural area that must remain open. On the south side of the property, a large portion of the property remains as natural open space because there is no channelization taking place. Mr. Hein clarified an earlier statement made by a speaker from the audience and stated that the trail in question was actually on the eastern border connecting to the Western Area Power Authority (WAPA) line easement. Mr. Racy added that it was a natural open space that will connect with the entire open space and trail system so that the general public would have access as well. He said that this represented major contiguous blocks of the prime habitat on the property and not just medians or roadways described as open space. He stated that there were definitions of both natural open space and functional open space included in the Specific Plan as well as a design review committee that would oversee this aspect throughout the life of the development. Vice-Mayor Reuwsaat requested that the four additional conditions that would be added to the proposed resolution. Mr. Hochuli read the suggested changes for the resolution into the record. Council Member Ziegler commented that the Town had the prerogative of imposing a moratorium on development at any time in order to protect the health, safety and welfare of Marana residents. She stated that it was not necessary to add this language to the motion as a concerned resident had requested earlier in the meeting. She concluded by stating that the Council and staff were looking at these issues as regional problems and not simply problems within the Marana boundaries. Mayor Sutton and Vice-Mayor Reuwsaat agreed with Council Member Ziegler and said that the Town does not lose its policing authority as developments are completed. Vice-Mayor Reuwsaat added that the impact of surrounding communities was a vital consideration when planning future development within the town limits. Mayor Sutton said that the main issues concerning traffic, density, schools, and buffer areas had been addressed and would continue to be a priority for the staff and Council in order to preserve the region's quality of life. He concluded that the high level of cooperation and participation by the Council the community and the developer was unprecedented and that the Continental Reserve development would be used in the future as a model in the utilization of lower density levels and use of open spaces. Council Member Ziegler commented that she had enjoyed the community participation over the past few months and that Diamond Ventures, Inc. had made significant concessions regarding the main issues of this project. 'M IN UTES OF REGULAR COUNCIL MEETING MA'RANA TOWN COUNCIl, OCTOBER 19, 1999 Upon motion by Council Member Ziegler, seconded by Council Member Harn, the adoption of Resolution 99-101 as suggested with changes was approved 7/0. The changes are: 1) The addition of a condition that The High Density Residential use reflected on the Preliminary Block Plat will be removed and replaced with Medium-High Density Residential. 2) Condition one, relating to the maximum allowed density, shall be amended to reflect that the density shall be reduced from 2,257 dwelling units to 1,975 dwelling units. 3) The addition of a condition that over forty (40%) of the lineal distance of the southern boundary of the Property shall remain open and without a wall. 4) The addition of a condition that the Natural Landscape Area along the west boundary of the Property shall be increased from fifteen (15) feet to twenty (20) feet. Vice-Mayor Reuwsaat requested that a cumulative list of names of all residents and interested parties involved with this project be kept and that a formal communication process take place in order to keep everyone abreast regarding Continental Reserve issues. Mayor Sutton called for a brief recess at 8:40 p.m. The meeting was reconvened by Mayor Sutton at 8:54 p.m. G. Discussion/Direction: Authorization for the Town Manager to hire a consultant to create guidelines for the development of northern Marana. (Mayor Sutton) Mr. Hein stated that this item was a request for authorization to hire a consultant to identify growth in northern Marana. He stated that Phase I of this project would encompass the area north of Tangerine Road, south of the Marana 1-10 exit, west of Interstate 10 and to the Santa Cruz River. He said that this study would focus on transportation, infrastructure and all factors that would guide this area's future growth; that the goal was to adhere to the Marana General Plan and develop this area with the maximum allowable density based on infrastructure. Sewage capacity, multi-family node locations, affordable housing opportunities, locations of agricultural and ranching areas and preservation of Marana's heritage were all important factors. Mr. Hein concluded that after compiling the consultant's data, receiving the public's input, and adding the direction of the Council, the final information would serve as a guideline for the region's future growth as well as provide the development community with the Town's expectations. Council Member Harn inquired if an architectural design theme had been considered and if ample roadway planning in northern Marana would take place in order to avoid the stacking problems created at the Cortaro/I-10 exit. Mayor Sutton stated that the staff's direction to the consultant would be clear in regards to transportation issues and plans for avoiding traffic stacking and other roadway problems and hazards. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNC[I~ OCTOBER 19, 1999 Mr. Hein responded that it was not advisable for the Town to become too restrictive with design but that streetscape standards in key entrance areas such as the Marana and Tangerine exits had been discussed with the local development community as a way to achieve an aesthetic theme for Marana. Vice-Mayor Reuwsaat stated that progress had been made regarding discussions of an impact fee process for traffic improvements to provide the necessary infrastructures. He stated that, although there had not been any Council action to date regarding this subject, he would like the Council and staff to develop another nexus and investigate an appropriate traffic impact fee to avoid the problems being experienced at Cortaro and Ina Roads. Council Member Kai inquired if it would be practical to hire a consultant without development community ties in order to avoid influence from the developer's viewpoint. Mr. Hein responded that this had been considered but that if the Council and Town staff guided the process appropriately, then it would be helpful when the representatives understood Marana's perspective and point of view. Mayor Sutton agreed with Council Member Kai that this was an important factor to be considered when hiring a consulting firm and that it could work both ways for the Town. He stated that in the past several of the consulting firms used by Marana had a clearer idea of the Town's vision because of their longtime relations~hip with the community. Council Member Honea inquired if there would be opportunities for the public to participate in the guideline structuring. Mr. Hein answered that there would be numerous discussions and occasions for public input and that he envisioned the final result to possibly be an amendment to the Marana General Plan in the form of a chapter titled North Marana. Council Member Honea asked if the area from Tangerine to Sandario/Sanders and 1-10 to the Santa Cruz River would be considered an impact fee district. His concerns were about leveraging the Town's future in order to provide infrastructures for the present day problems. He commented that general fund monies had to be utilized to pay for roadway and traffic problems in the Continental Reserve region because of past mistakes made by the Council. He advised the Council that the northern Marana area should be set up as a separate district in order to ensure that the development community totally pays for the infrastructure. 10 M IN UTES OF 'REGULAR COUNCIL M. EETING MARANA TOWN COUNCIL OCTOBER 19, 1999 Mr. Hein responded that he fully expected the Council to include a targeted density in the northern Marana plan to ensure that developers had a better understanding of the community's vision. He said that this plan would also include clear guidelines for the financial aspects of providing the infrastructure to this district. Council Member Blake emphasized the need for a scheduling requirement or "sunset clause" for the developer in order to avoid having rapid changes to the area affect the infrastructure and create an unmanageable situation such as the Cortaro Road exit. Council Member Ziegler thanked the Mayor and Town staff for their vision in the creation of a plan for northern Marana's growth and development. She stated that everyone involved had put a great deal of thought into the Continental Reserve issues before voting at this meeting on the previous item. She added that the creation of a specific plan for the northern Marana district would aid in eliminating some of the problems faced by the Town in the Continental Reserve region. Upon motion by Council Member Ziegler, seconded by Council Member Blake, it was approved to authorize the Town Manager to hire a consultant regarding the development of northern Marana 7/0. H. Pima Association of Governments - Regional Council Meeting Agenda (Mike Hein) Council Member Harn reported that this month's meeting was to be a joint meeting between the Maricopa Association of Governments (MAG) and PAG and was to be held on October 27, 1999 in Casa Grande. She stated that regional issues and mutual solutions for Pima and Maricopa counties would be discussed. I. Mayor and Council's Report Council Member Ham reported that the Marana Health Center would be offering free flu shots and that the times and dates that the Health Nurse would be in each area of Marana were to be announced soon. She added that anyone was welcome to visit the Marana Health Center for this free inoculation as well. Council Member Ziegler reported that she had attended the HOME program's dedication ceremonies in Honea Heights and was impressed with the students who helped build these affordable homes. She congratulated Dan Groseclose and Dick Gear on the success of this program. Vice-Mayor Reuwsaat commented that the cumulative action taken by the Council at tonight's meeting regarding the Continental Reserve issues represented one of the most important steps in facing the community's future and concerns. He stated that he was very proud to be a member of this Council. 11 MINUTES OF .REGULAR COUNCIL MEETING MARANA TOWN COUNCIL OCTOBER 19, 1999 Mayor Sutton stated that dealing with the Continental Reserve issues was a great learning experience for the community and the Council as well as being an excellent way to view government at work. He commended staff for their diligence and hard work concerning these issues. XI. Mayor Sutton reported that he planned to attend the Greater Tucson Economic Council (GTEC) meeting on October 20, 1999, and that, on behalf of the Marana Town Council, he would be elected to the GTEC Executive Board. He stated that the timing was perfect because of the assistance Marana would require from GTEC in developing the Marana Northwest Regional Airport to its full potential. J. Manager's Report Mr. Hein commended Jerry Flannery, outgoing Development Services Administrator, for his outstanding contribution to the solutions to issues facing the Continental Reserve region. He stated that it had been a pleasure getting acquainted with the residents during this process. The dedication of the Marana Northwest Regional Airport is scheduled for Saturday, October 23, 1999, beginning at 8:00 a.m. and Mr. Hein urged everyone to attend. He thanked staff for their assistance in helping the Abrams organize this event. FUTURE AGENDA ITEMS XII. Vice-Mayor Reuwsaat requested that the topic of a traffic impact fee be placed on the agenda for the November 2, 1999 Council meeting. ADJOURNMENT Upon motion by Mayor Sutton, seconded by Council Member Blake, the approval to adjourn was passed 7/0. The time was 9:22 p.m. CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Marana Town Council meeting held on October 19, 1999. I further certify that a quorum was present. "~ely~l(2: Entz,~~erk 12