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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 (~ ~-