Loading...
HomeMy WebLinkAbout11/16/1999 Regular Council Meeting MinutesM IN UTES OF REGULAR COUNCIL MEETING MA'RANA TOWN COUNCI'L NOVEMBER 16, '1999 PLACE AND DATE Marana Town Hall, November 16, 1999 CALL TO ORDER Mayor Bobby Sutton, Jr. at 7:01 p.m. II. III. IV. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION Led by Vice-Mayor Reuwsaat ROLL CALL COUNCIL Bobby Sutton, Jr. Mike Reuwsaat Ed Honea Herb Kai Ora Mae Harn Roxanne Ziegler Jim Blake Mayor Vice-Mayor Council Member Council Member Council Member Council Member Council Member Present Present Present Present Present Present Present STAFF Michael Hein Dan Hochuli Jocelyn Entz Jim DeGrood Ken Lawrence Joel Shapiro Brad DeSpain Russell Dillow Patrick O'Kane Vickie Tannous Town Manager Town Attorney Town Clerk Interim Development Services Administrator Parks & Recreation Director Planning Director Utilities Director Town Magistrate Acting Building Official Accounts Payable Clerk The list of public attendees is attached. APPROVAL OF AGENDA Upon motion by Vice-Mayor Reuwsaat, seconded by Council Member Kai, the agenda was approved as written 7/0. M IN UTES OF REG UiLA R COUNCIL MEETING MARANA TOWN COUNCIl, NOVEMBER 16, 1999 VI. ACCEPTANCE OF MINUTES A. Minutes of Regular Council Meeting - November 2, 1999 Upon motion by Council Member Honea, seconded by Council Member Ziegler, the minutes of the November 2, 1999 regular Council meeting were approved 5/0. Vice-Mayor Reuwsaat and Council Member Harn abstained. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Judge Dillow introduced Tiffany Kassel, Multiple Sclerosis Event Coordinator, who spoke briefly about the Corona de Marana bicycle race. This is a 50K and 100K race that the Town co-sponsors annually with the MS Foundation. Ms. Kassel thanked the Town for its sponsorship and stated that $31,693 had been raised. She said that all of the proceeds from the race go directly to the Desert Southwest Chapter of the National MS Society and benefit the local community. Peggy Korte, Teacher/Coordinator for the Marana Unified School District's Teenage Parent Program (T.A.P.P), thanked the Council for approval and support of the Parents as Teachers program. She introduced Tamra Solien, a T.A.P.P. participant, who spoke briefly about the invaluable life skills she had learned through this program. Ms. Solien, who is ranked 17th in her class of 360 students, plans to study medicine at Northern Arizona University. Mike Lee, a Pima County resident, spoke regarding a letter that had been written to the editor of the Arizona Daily Star on November 13, 1999. He stated that he did not agree with the writer's criticism of the Town Council and how Marana had dealt with the Continental Reserve development issues. Mr. Lee commented that he was pleased with the support, cooperation and commitment he had witnessed from the Town staff and Council Members regarding these issues. He said that this writer was uninformed and that he was proud of the recent negotiation process. He and Pat Fahey, another county resident, plan to respond to this writer through the Star's editor and that both would welcome any calls regarding the support experienced from the Town. Roy Cuaron introduced Vicki Tannous, a new employee in the Finance Department. Ms. Tannous, Acounts Payable Clerk, was hired in late August. Jim DeGrood reminded everyone that on Friday, November 19, 1999, at 9:00 a.m., at the Manning House, the Board of the Arizona Department of Transportation was meeting. He urged all interested parties to attend in order to express their views regarding the Cortaro/I- 10 traffic problems. He further informed the audience that Mayor Sutton had written a letter to the Director of ADOT, Mary Peters, pledging Town funds and support for expeditious roadway improvements to this intersection. MINUTES OF iREGULAR COUNCIL MEETING MARANA TOWN COUNCIL NOVEMBER 16, 1999 VIII. IX. Re ge Vice-Mayor Reuwsaat requested that phone or e-mail contact be made with the public participants in the Continental Reserve traffic resolution process prior to Friday in order to alert them of the importance of attending this Board meeting. Mr. Hein replied that a copy of the Mayor's letter to ADOT had been forwarded to these community participants. He added that Mike Lee and Pat Fahey were contacting the area's residents to urge attendance at the upcoming meeting. He said that a local newscast had recently shown footage of eastbound rush hour traffic exiting from 1-10 at Cortaro. He commented that this illustrated that the traffic stacking at this interchange was a regional problem and not simply a local one. A general discussion followed regarding the newscast and directions were given to the Manning House, the site of the ADOT meeting. STAFF REPORTS There were no questions regarding staff reports. CONSENT Resolution No. 99-113 - Approving and authorizing the execution of a deed quit-claiming the Town's interest in the town hall property to the Town of Marana Municipal Property Corporation (the MMPC) (Daniel J. Hochuli) Resolution No. 99-110 - Authorization to enter into an Intergovernmental Agreement (IGA) between the Town of Marana and Pima County for the management and implementation of the 1999 Community Development Block Grant Program (Dick Gear) Resolution No. 99-107 - Consideration of recommendation to State Liquor Board for a No. 09 Liquor License (liquor store) transfer from Smith's Food & Drug Centers, Inc., to premises designated as Fry's Food & Drug #36 at 3770 W. Ina Road, Marana, Arizona (Jocelyn Entz) Resolution No. 99-112 - Cortaro Ranch Phase I, Substitute Assurance Agreement, Trust No. 50,070, for Lots 3-36, 71-78, 97, 107-144, Common Area A Detention Basin, Common Area A Park Retention Basin, and Common Area A Park/Drainage Area and Well and Water Storage Area, and Acceptance of Public Improvements for Maintenance (Jim DeGrood) Resolution No. 9%111 - Substitution of Assurances: Irrevocable Standby Letter of Credit with Amendment for Canyon Pass at Dove Mountain Lots 1-48 Common Areas A (Private Streets) (Jim DeGrood) MINUTES OF REGULAR COUNCIL MEETING M'ARANA TOWN COUNCIL NOVEMBER 16, 1999 Xt e Resolution No. 99-115 - Final Plat for Canyon Pass at Dove Mountain Phase II: Request for approval of a Final Plat consisting of 62 lots on approximately 205.7 acres within the RedHawk Specific Plan area, now known as Dove Mountain. Identified as parcel Numbers 219-03-0040, 0050, 0060; 219-0%006; 219-08-0019, 0020, 0030; 219-09-002B, 0050, 0060; 219-07- 006; 219-08-0010, 0020, 0030; 219-09-002B, located in portions of Section 13, Township 11 South, Range 13 East. The Applicant is Cottonwood Properties, 3567 E. Sunrise Drive, Suite 219, Tucson, AZ 85718 (Joel Shapiro) Ordinance No. 99.30 and Resolution No. 99-114 - adoption of 1999 Tax Code Amendments (Roy Cuaron) Upon motion by Council Member Harn, seconded by Council Member Blake, the consent agenda was approved as written 7/0. GENERAL ORDER OF BUSINESS Ordinance No. 99.26 - Consideration of approval of a request to rezone approximately 140 acres located north of Ina on either side of Silverbell Road from "C - Large Lot Zone" and "A - Small Lot Zone" to "R-6" (Single Family Residential, minimum lot size 7,000 sq.ft.), "R-8" (Single Family Residential, minimum lot size 8,000 sq.ft.), "R-36' (Single Family Residential, minimum lot size 36,000 sq.ft.) and "NC (Neighborhood Commercial), Assessor's Parcel Numbers 226-27-009F, 226-33-009B, and 226-33-009C, located in a portion of Section 35, Township 12 South, Range 12 East. The applicant is Jersey Properties Co., LLC, P.O. Box 31748, Tucson, AZ 85751 (Joel Shapiro) Mr. Hein gave a brief history of this item. He stated that the rezone request had been previously presented before the Planning and Zoning Commission and had been denied by a unanimous vote in June 1999. He said that, in light of the public opposition voiced, this item required a super majority vote from the Council. He summarized the arduous process that followed the request denial in order to reach an acceptable compromise. Mr. Hein stated that additional conditions had been received from residents in the form of a Neighborhood Agreement, dated November 12, 1999. He listed nine conditions from this document that were added to the Ordinance No. 99.26. These conditions were read into the record by Mr. Hein and are as follows: Section 1. v.) Washes are to remain open spaces as depicted on the proposed development plan. n.) Any homes located within 125 feet of the western boundary of the R-6 zoned parcel in the area shown as the attached Exhibit A will be restricted to maximum total height of 18 feet. MIN UTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL NOVEMBER 16, 1999 o.) A 10 foot landscape buffer planted with minimum 24-inch box trees, 15 feet on center, must be located along the same boundary as described in item n above. p.) All homes will be painted with muted desert colors. q.) Roofs, which are not flat, will utilize ceramic or concrete tiles. r.) Required landscaping will consist of drought tolerant plants compatible with the Sonoran Desert environment and in accordance with the Town of Marana Landscape requirements. s.) Sale of alcoholic beverages on the neighborhood commercial parcel is restricted to sales associated with restaurant se~wice or grocery/convenience stores. t.) Homes are restricted to conventional site-built construction. Mr. Hein recommended the approval of the ordinance as amended not only because it was consistent with existing rezoning requirements but also because it was important to memorialize the spirit of cooperation shown by the owner and the neighborhood residents in reaching these compromises. Mayor Sutton asked Ms. Entz to read Section 1 of Ordinance No. 99.26 into the record. Mike Grassinger, representing The Planning Center, expressed his appreciation for the hard work from the neighborhood residents in reaching these final compromises. He noted that this project began with 370 units and, after a 40% compromise, had been reduced to 225 units. Mike Lee spoke before the Council again and thanked everyone who assisted in reaching this final rezone request. He concluded by stating that this rezone effort was an excellent model to use for future developments. Mayor Sutton commended Mr. Lee for his participation in the negotiations for this project. Ric Canfield spoke about his initial concerns regarding this issue and the potential for the Town to overlook the concerns of the county residents. He thanked the applicant and the planners for their compromises and guidance throughout the process. He said that the Town of Marana was in excellent hands under the direction of this Council and Town staff. Stan Murray, a Bridlewood West resident, gave an analogy using a private business scenario in order to illustrate the traffic problems he' believed -would occur with the proposed development of the Silverbell/Ina Road area. Mayor Sutton commented that Mr. Murray's point was well taken and that solutions for the traffic gridlock had already begun to be implemented. He said that private businesses faced Be MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL NOVEMBER 1.6, 1999 different circumstances in that restrictions from outside agencies such as ADOT were not imposed on the businesses and that Marana had added responsibilities for citizens that were not town residents but utilized its roadway systems. Art Johnson spoke about his concerns regarding the high-density development of the Ina and Silverbell Roads area. However, he conceded that substantial compromises had been met. Mr. Johnson suggested that the Town establish a lower zoning density for future developments. Louis Hirsch stated that the rezoning request was too dense for this area and would result in overcrowding and traffic congestion. He said that an SR1 designation would help to preserve the existing neighborhood lifestyle and provide better buffer zones. Upon motion by Vice-Mayor Reuwsaat, seconded by Council Member Blake, approval of Ordinance 99.26 as amended was passed 7/0. Vice-Mayor Reuwsaat stated that the high level of resident and developer input and compromise for a controversial rezone was unusual and that it was also a rare occurrence in other jurisdictions. He thanked the Council, the applicant, and the public for their efforts in moving this project to fruition. Mayor Sutton commented that his main priority and responsibility was for the Marana residents but that he was proud of the commitment from the county neighbors to better their community. He said that this is a perfect example of how municipalities should work. Mayor Sutton recessed the meeting at 7:55 p.m. The meeting was reconvened at 8:02 p.m. Resolution No. 99-104 - Consideration and adoption of a resolution of the Town Council of the Town of Marana, Arizona, authorizing the execution and delivery of First Amendment to Amended and Restated Town Lease and Series 1992 Town Lease and thereafter and subsequent thereto, a First Supplement to Amended and Restated Town Lease and Series 1992 Town Lease, a Letter of Representation to Bond Purchase Contxact and a Series 1999 Continuing Disclosure Agreement; approving the execution and delivery by the Town of Marana Municipal Property Corporation of a First Amendment to amended and Restated Town Lease and Series 1992 Town Lease and thereafter and subsequent thereto, a First Supplement to Amended and Restated Town Lease and Series 1992 Town Lease, a Series 1999 Supplemental Trust Indenture, a Financial Guaranty or Related Agreement Necessary for Credit Enhancement and a Bond Purchase Contract; approving an Official Statement Approving the Issuance of not to exceed $10 million aggregate principal amount of Town of Marana Municipal Property Corporation Municipal Facilities Revenue Bonds, Series 1999, delegating to the Manager of the Town of Marana, Arizona and in his absence, the Finance Director of the Town of Marana, the authority to determine various terms with respect to the bonds; providing for the transfer of certain moneys for the payment thereof and making certain covenants and agreements with respect thereto; authorizing the taking MINUTES OF REGULAR COUNCIL MEETING MA'RANA TOWN COUNCI.L NOVEMBER .16, 1999 of all other actions necessary to the consummation of the transactions contemplated by this resolution and declaring an emergency. (Roy Cuaron) Ms. Entz read Item X. B. for the record. Mr. Hein gave a brief explanation of this item. He said that, in adopting the fiscal 1999-2000 budget, tentative approval was given to the issuance of bonds to finance the design, construction and equipping of a municipal complex. He stated that the adoption of this resolution by the Mayor and Council would officially approve the sale of Town of Marana Municipal Property Corporation Revenue Bonds and approve the intended use of the bond proceeds. Mr. Hein continued by informing the Council that an emergency clause needed to be included with the motion to approve this resolution. He said that this was a standard practice nowadays by bond agents and, due to the present stock market fluctuations, the Y2K issue, and the desire to acquire Arizona bonds, the Town may choose to go within the next 30 days. Vice-Mayor Reuwsaat moved to adoPt Resolution 99-104 and to declare that an emergency exists. This motion was seconded by Council Member Ziegler and approved 7/0. Resolution No. 99-108 and Ordinance No. 99.28 - update Uniform Fire Code and National Electrical Code to conform to current national codes with local modifications, and delete the Fiber Optics Code from the Marana Town Code (Patrick O'Kane) Mr. O'Kane stated that the adoption of the 1997 Uniform Fire Code and the 1999 National Electrical Code (NEC) were basically to maintain consistency with neighboring municipalities and to serve as a benefit to the development community. A motion was made by Council Member Ziegler, seconded by Council Member Blake, for the approval of Resolution No. 99-108 and Ordinance No. 99.28. Vice-Mayor Reuwsaat asked how the Town would notify builders and contractors. Mr. O'Kane said a notice would be posted and a letter would be sent out to various construction companies and contractors. He added that the Town would be adopting a new mechanical code in the near future as well. There was no further discussion regarding this item. The Mayor called for a vote on the previous motion and it was approved 7/0. MINUTES OF REGU LA R COUNCIL MEETING MARANA TOWN COUNCIL NOVEMBER 16, 1999 D. Discussion/Direction - Proposed Parks System Master Plan (Ken Lawrence) Mr. Hein gave a brief overview of the Parks System Master Plan and stated that he hoped to present the Council with a final copy within the next month for their approval. Ken Lawrence said that the presentation of this plan to the Council was a major turning point for Marana and that a considerable amount of public and staff participation had gone into its preparation. He gave a brief history of the plan's development process and introduced Don McGann, McGann and Associates, who helped in providing the framework for park acquisition and development within the Town's General Plan through the year 2020. Mr. McGann briefly highlighted the planning process and gave recommendations for the park system. He commented on the long range plan for parks development, a community trails system, and for the protection of significant natural open space areas. He stated that key steps had been made in identifying the planning boundary for the park system. He stated that the main goals were to meet the national average by establishing approximately six (6) acres of parkland for every 6,000 residents; to evenly distribute these parks throughout the community; to have multiple use accommodations; and to have the parks encompass environmental as well as biological elements. Mayor Sutton pointed out that the projected population for Marana and the surrounding region in 2020 was 216,000. He said that many park users would be Pima County residents and that the Parks System Master Plan had considered this factor in the demographic profile. Mr. McGann clarified this point by stating that there were six (6) sub-regions within the projected parks system area and each had been evaluated for existing population as well as projected population. These sub-regions ranged from the well-developed, high-density area in the southeast corner of the district to sparsely populated areas in the northern and western sub-regions. He stated that the district parks would be larger in size than the community parks and that the regional park would be several 100 acres in size with specialized facilities. Mayor Sutton asked that the Council members study the proposed plan as soon as they were able and be prepared to submit questions and suggestions to Mr. Lawrence for the finalization of this document. He also stated that it was a very important milestone for the community to have this plan in place and implemented. Council Member Harn said that her greatest concern for the park system design was ensuring that the plan accommodated all age groups of children. She asked that, when designing these facilities, the planners paid special attention to the teenaged group that had outgrown Little League and roller skates. Vice-Mayor Reuwsaat commended the plan as an excellent one for Marana in the near future as well as throughout the next twenty years. MINUTES OF REGULAR COUNCIL MEETING MA.RANA TOWN COUNCI. L NOVEMBER 16, 1999 Council Member Blake stated that he had observed the 13 year olds as being the age group with the most critical park facility needs in his Continental Ranch neighborhood. There was no further discussion regarding this item. E. Pima Association of Governments - Regional Council Meeting Agenda (Mike Hein) Mr. Hein reported that a link existed off of the Pima County homepage for the GIS information. He said that Marana would be receiving a grant for $6,800 from PAG for bus stop signs. He urged the Council to attend the ADOT Transportation Board meeting that had been mentioned earlier in this meeting and said that it was important for Marana to have a presence at this meeting. Council Member Harn reported that the latest installment from PAG of the HB-2565 funding had been given to her. She turned the $9,412.75 check over to Mr. Cuaron for deposit. F. Mayor and Council's Report Council Members Honea and Blake reported that they had spent a great deal of time working on the Silverbell/Ina Roads issue and were pleased with the results of the negotiations. Mayor Sutton announced that he would be representing Marana on the Executive Committee for GTEC. He said that this position gave the Town the best view of the greater Tucson community and would keep the Council well informed of regional happenings. Council Member Harn announced that she had been appointed to this board as well and that this gave Marana two representatives and a stronger voice at GTEC. G. Manager's Report Mr. Hein reported that he was pleased with the overall performance of the Town staff, especially during the difficult negotiating process for the rezoning request. He said that he would be meeting with the Board of Environmental Cooperation Commission in E1 Paso, Texas, in the near future to identify the trans-boundary synergies between the upper Marana basin and Mexico. This meeting would establish an infrastructure funding mechanism for a sewer system in northern Marana. He further reported that the Town Attorney had been working on the Town Code, particularly the portion related to animal control. He stated that he was concerned about the Town's compliance with the Pima County animal control ordinance. Mr. Hein handed out a suggested code change for the Council to consider and pointed out that our current code allowed for the chaining of animals but did not require any fencing of animals as the county ordinance stated. Pima County Animal Control officials were complaining that they were unable to enforce a loose dog infraction because of this incompatibility. A copy of that handout has been made a part of this permanent record. 511NUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL NOVEMBER 16, 1999 XI. XII. FUTURE AGENDA ITEMS Vice-Mayor Reuwsaat stated that he would like to see that the parks system moved forward with design and development and that it was a major part of the budget for 2000. Mr. Hein said that the Town was committed to reestablishing some of the funding that had been recently diverted for transportation issues. He also suggested sending a letter to Pima County indicating that Marana had secured a substantial amount of acreage between the rezoning process and in coordination with Southwest Value Partners and would look forward to working with them to facilitate the development of the park. Vice-Mayor Reuwsaat requested an update on the Continental Ranch linear park. Mr. Hochuli replied that he had met with one of the Continental Ranch developers and had made significant progress toward a complete resolution of this issue. Mr. Hein reminded the Council that there would be a study session with the City of Tucson Water Department staff on Tuesday, November 23, 1999, at 5:30 p.m. He said that the Town was issued a Notice of Condemnation related to effluent discharge into the Santa Cruz River and that although the Town was served on Friday, November 12, 1999, the issue had gone to court on November 3, 1999. He stated that a hearing for immediate possession would be held on November 22, 1999, one day prior to his meeting with Tucson Water regarding this subject. He concluded by stating that he would keep the Council updated and that the Town would protest this notice as well as ask for an extension to fully evaluate the use of the Santa Cruz River within Town jurisdiction. ADJOURNMENT Upon motion by Council Member Honea, seconded by Council Member Harn, the approval to adjourn was passed 7/0. The time was 8:46 p.m. _CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Marana Town Council meeting held on November 16, 1999. I further certify that a quorum was present. 10