HomeMy WebLinkAbout02/18/2003 Regular Council Meeting Minutes1~mvuTES of REauLA>~ caur~ca. MEETING
MARANA TOWN HALL
FEBRUARY 18, 213
PLACE AND DATE
Marana Town Hall, February 18, 2003
I. CALL TO ORDER
By Mayor Sutton at 7:00 p.m.
II.
III.
IV.
V.
PLEDGE OF ALLEGIANCE
Led by Mayor Sutton
INVOCATION/MOMENT OF SILENCE
Led by Mayor Sutton
ROLL CALL
COUNCIL
Bobby Sutton, Jr. Mayor Present
Herb Kai Vice Mayor Present
Jim Blake Council Member Present
Patti Comerford Council Member Excused
Tim Escobedo Council Member Present
Ed Honea Council Member Present
Carol McGorray Council Member Present
STAFF
Mike Hein Town Manager Present
Dan Hochuli Town Attorney Present
Jim DeGrood Development Services Admin. Present
Jocelyn Entz Town Clerk Present
Joel Shapiro Planning & Zoning Director Present
Jane Howell Human Resources Director Present
Attached is a list of public attendees.
APPROVAL OF AGENDA
Upon motion by Council Member Blake, seconded by Council Member
Escobedo, the agenda with changes was unanimously approved. Item IX. B.1,
PUBLIC HEARING: Ordinance No. 2003.04: Amendment to title 3, Section 03.02,
Definitions, "Building Height" was continued until the March 18, 2003 Town
Council meeting.
1
MINUTES OF REGULAR COUNCII. MEETING
ARARANA TOWN HALL
FEBRUARY I8, 2083
VI. ACCEPTANCE OF MINUTES
Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, the
minutes of the February 4, 2003 regular Council meeting were unanimously
approved 6/0.
VII. CALL TO THE PUBLIGANNOUNCEMENTS
Andrew Peele, Continental Ranch resident, voiced his concerns with the noise
being generated at night by the mining operation located on Avra Valley Road.
He said that the beeping made when the large mining trucks reversed was very
annoying and that the plant was creating a huge amount of dust pollution as
well. Mr. Peele presented the Town Clerk with a letter from another Continental
Ranch resident, Clifford Johnson, expressing the same concerns regarding the
gravel pit operation. The letter has been made a permanent part of this record.
Mayor Sutton reported that the management of the mining operation had
already contacted the State regarding the replacement of the reverse beepers
with a strobe light alerting system. He said that if all safety requirements were
met then the mining officials had no problem with replacing the beeping devices
on the mining trucks. The Mayor assured Mr. Peele that he would be kept
informed of the progress regarding this issue.
Gary Henley, Grier Road resident, read a letter into the record regarding
concerns with the sewer connection upgrades for Grier Road. The letter posed
questions to the Town officials as to which residential homes would receive
sewer connections in the Town Hall sewer extension project. The letter has been
made a permanent part of this record.
Wayne Pierri, Grier Road resident, agreed with Mr. Henley that there was great
confusion regarding the Town Hall sewer extension project. He said that one of
the reasons for the residents' disillusionment and frustration was that
information varied from staff member to staff member.
Mayor Sutton asked that management look into the communication issues
regarding this matter and get back to the public with answers to their questions.
Mr. Hein apologized for the confusion that may have been caused by any
miscommunications from Town staff. He promised a quick resolution to this
problem.
2
MINUTES OF REGULAR COUNCII. MEETING
MAItANA TOWN HALL
,~ FEBRUARY 18, 2003
Council Member Escobedo remarked that he had received an email from Mr.
Henley earlier in the day and had responded by sending an email to the Town
Managers and the Development Services Administrator asking for direction and
clarification regarding this issue. Council Member Escobedo added that it was
his understanding as well that all of the Grier Road residences would receive
sewer connections in association with this project.
VIII. STAFF REPORTS
There were no questions regarding the staff reports.
IX. GENERAL ORDER OF BUSINESS
A. CONSENT AGENDA
1. Authorization for Police Department to Accent a Law Enforcement Block
Grant from the Arizona Criminal Justice Commission. (Dave Smith)
2. Resolution No. 2003-13: Annlication for Liquor License: Person and
Location Transfer by a Limited Liability Comnanv: Consideration of
recommendation to State Liquor Board for a No. 6 (bar) liquor license
application submitted by Bradley Peter Miller, on behalf of Bedrogz, located
at 4385 W. Ina Road (Jocelyn Entz)
3. Resolution No. 2003-15: Aunlication for Liauor License: New License and
Location Transfer by a Coraoration: Consideration of recommendation to
State Liquor Board for a No. 09 (liquor store) liquor license application
submitted by Stephen Michael McKinney, on behalf of Smith's Food & Drug
Centers, Inc. for Fry's Food & Drug #57, located at 7870 N. Silverbell Road
(Jocelyn Entz)
4. Resolution No. 2003-14: Aunlication for Liauor License: Person and
Location Transfer by a Corporation: Consideration of recommendation to
State Liquor Board for a No. 09 (liquor store) liquor license application
submitted by Clare Hollie Abel, on behalf of Wal-Mart Stores, Inc., Wal-
Mart Supercenter #5031, located at 8280 N. Cortaro Road (Jocelyn Entz)
5. Resolution No. 2003-18: Golf Villas at Dove Mountain: A replat of Lots 1
through 7 of The Gallery Parcel 3 project, recorded in Book 55, Page 27 of
Maps and Plats, to create Lots 1 through 20, Common Areas A and B, and
Tract A. The project will be a single family subdivision on 7.15 acres within
the Dove Mountain Specific Plan. The property is located north of Dove
Mountain Boulevard and east of Gallery Canyon Drive in a portion of
Section 23, Township 11 South, and Range 12 East (Joel Shapiro)
MnvuTES of REGULAR coUlvclL MEETING
MARANA Td~t HALL
FEBRUARY 18, 2003
6. Resolution No. 2003-20: Acceptance of Continental Reserve Park (Jim
DeGrood)
Upon motion by Council Member Blake, seconded by Council Member
Honea, the consent agenda was unanimously approved as written.
B. COUNCIL ACTION
1. PUBLIC HEARING: Ordinance No. 2003.04: Amendment to Title 3,
Section 03.02, Definitions, "Building Heights". A request to change the
definition of Building Height, as described in the Town of Marana Land
Development Code, Title 3 -Definitions, Section 03.02 -Definitions
"B", Building Height Qoel Shapiro)
Earlier in the meeting, this item was continued until the March 18, 2003
Town Council meeting. There was no action regarding this item.
2. Resolution No. 2003-21: Development Agreement for Spare Time
Entertainment (Mike Hein)
Mr. Hein briefly outlined this project and stated that it was essentially an
attempt to redevelop the now-defunct New West nightclub facility which
had an unfortunate and dark history during its operation. He said that the
new developers, Spare Time Entertainment, Inc., were eager to establish a
family-friendly business at this location and that Tom Warne was present
in the audience to answer any questions about the proposed Bedroxx
Bowling center. He continued by synopsizing the central points of the
proposed development agreement
Council Member Honea voiced his concerns regarding an open-ended tax
rebate being offered to the developers of this new project He questioned
why a "cap" couldn't be placed on this rebate. He said that approximately
$2.7 million had been estimated by Spare Time Entertainment as the
projected taxable revenue and, of that sum, $33,000 would be due the
Town and $21,000 for the Bedroxx establishment
4
MINUTES OF REGt1LAR COU1~tCII. ~1'IN~
MARANA TOt~VN HALL
~BRUARY IS, 20Q3
Mr. Hein responded by stating that a 10-year sunset clause existed within
the agreement He commented that the purpose of the development
agreement was to offset necessary improvements associated with the new
bowling facility. He pointed out that the level of rebate demonstrated a
partnership with the private interests and reflected the Town's pro-
business philosophy. He concluded by stating that this gesture was more
of a symbolic statement by the Town to signify a partnership with the new
investors interested in revitalizing a blighted area of Marana.
Council Member Honea thanked Mr. Hein for his response but said that
his concerns regarding a limit on the tax rebate had not been answered.
He stressed his objection to not placing a ceiling on the rebate incentive.
Mayor Sutton said that he appreciated Mr. Honea's fiscal responsibility
but that he was seeing the incentive in a more philosophical light.
A general discussion followed regarding this issue and focused on several
points related to tax rebates, development incentives, and liquor sales
percentages as well as the Town's pro-business and family-oriented
philosophy.
A short recess was called by the Mayor at 8:00 p.m. in order for the
Council and Town attorney to insert new language into the proposed
development agreement The meeting was called back into order by
Mayor Sutton at 8:05 p.m. with all attending Council members present
and seated at the dais.
Dan Hochuli spoke before the Council regarding amendments to the
proposed development agreement An exact transcript of the changes
follows:
"I move for the adoption of Resolution No. 2003-21 with the following
amendments. Section 2.4 shall have the following language inserted: In
the event the refunded sales tax exceeds $33,000 per year, the Town shall
hold the excess and the developer and Town Manager shall mutually
agree to a use for the excess revenue. Section 5.2.2 shall be amended to
change the percentage of gross receipts from alcohol from 50% to 40% and
the following language will be inserted at the end of that section: In the
event that in any year the developer receives more than 40% of its gross
..~.
revenue from the sale of alcohol, the developer may apply to the Town
Manager for a waiver of this provision for that year."
5
MIlV [TTES OF REGULAR CUUNCIL MEETING
MARANA TtJWN HALL
..,~. FEBRUARY 18, 2~3
Upon motion by Council Member Escobedo, seconded by Council
Member Honea, Resolution No. 2003-21 with the suggested amendments
was unanimously approved.
3. State Legislative Issues - Discussion/Direction/Action regarding all
pending bills before the Legislature (Mike Hein)
Mr. Hein gave a brief outline of issues before the Legislature that were of
interest to Marana. He commented that Mayor Sutton had officially
registered the Town's opposition to HB 2411 regarding down zoning
issues.
C. MAYOR AND COUNCIL'S REPORT
There were no reports at this time.
D. MANAGERS' REPORT
Mr. Hein reported that April 5th had been designated as the date for a
progressive parks tour in Continental Ranch to celebrate the $5 million
investment in a parks infrastructure in this area. He asked that the Council set
aside this important date. Mayor Sutton commented that the parks were
already open and in operation and he urged everyone to visit the parks.
X. FUTURE AGENDA ITEMS
Vice Mayor Kai asked that the mining operation noise issue be placed on the next
agenda for discussion.
XI. ADJOURNMENT
Upon motion by Council Member Escobedo, seconded by Council Member
Blake, approval to adjourn was unanimous. The time was 8:10 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the
Marana Town Council meeting held on February 18, ~~~~ certify that
a quorum was present. `soar~~Orn-,rh,,~,,~i,~
.~.:/~
Jocelyn tz, Town Clerk
6
r-" coR~~~~~ g~r f ~ y'
o ~ ~LtiLJ ~ i
MARANA TOWN COUNCIL MEETING
Public Attendees
DATE: r ~ ~~
Name
Address
~,~f~5 M~~ari~-e 1
b
yid 2 C~ ~~ ~®~,
Y. ~~d ~~e ~~-
~~-~ ~ ~~ ~~ ~-Z~ ~~:~ s~ 2
.=. t M lJb c-c.E~ KP t-f~~t (~
~-