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Home My WebLink About07/21/2009 Regular Council Meeting Minutes,~ ~'~~ >-~ ~~~~~ rr~~.~ ~~ ~~~~. REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, July 21, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:02 p.m. All where present with Council Member Clanagan participating telephonically. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion to approve moved by Council Member McGorray, second by Council Member Comerford. Motion carried unanimously. CALL TO THE PUBLIC David Morales spoke on the issue of re-naming Sandario Road to Jack Horton Road. Mr. Morales asked Council to consider this name change in honor of Jack Horton. Council Member Ziegler stated. that there was a process for this type of thing. Deb Thalasitis responded by saying that staff will get in touch with Mr. Morales and follow up after the meeting. Vice Mayor Kai mentioned that with the concurrence of the Council this topic could be added as a future agenda item. Mayor Honea stated that he will do that when staff is satisfied with all of the paperwork being completed. PRESENTATIONS P 1: Presentation: Relating to recapping the Town of Marana's July 4 Star Spangled Spectacular event at its new venue at Arizona Pavilions Tom Ellis presented this item to Council. The Marana Police Department estimated that the event had between 18,000 and 20,000 attendees. The Town had designated approximately 4,000 parking spaces for the event, all of which where full. Most businesses in the area reported record sales for this time of year recording a 30% to 35% increase in sales for a normal afternoon. The Pines Golf Club reported that last year on July 4th the Pines did about $500 worth of business. This 4th of July the Pines did $10,000 in business. Mr. Ellis thanked the sponsors that helped make this event a success: Comcast, Tucson Newspapers, Boston's Pizza, the Explorer News, the Marana News, Red Point Development, golfnow.com, Erin Jordan and KOLD, and participating businesses -- Pines Golf Club, Cricket Communications, Native New Yorker, Nana's Kitchen, Tower Theatres, Mathnasium, La Quinta Inn, and Continental Ranch Development. At the beginning of planning of the event the goal was to spend $35,000 in materials and entertainment. Past 4th of July events cost $55,000 - $60,000. Under the leadership and coordination of Adelina Martin (Parks and Recreation Special Events Coordinator) the event cost $30,000 for materials and entertainment. Sponsorship of the event totaled a little over $10,000 thus bringing down the cost of the event to $20,000. The event required 723 billable personnel hours. Most of that was for the need for police. The holiday weekend hours were able to be flexed bringing down the overtime hours to roughly 120 hours. Mr. Ellis congratulated the Marana community on having an event without any major incidents and thanked the Mayor and Council for the opportunity to build community and to provide recreation services for this great town. Going forward the event will need a few minor changes; traffic flow, pedestrians, security, event layout and fireworks. Solutions are already being considered for next year. Mr. Ellis stated that staff recommends to continue the July 4th event in the same location and include the new district park for next year. Mr. Ellis gave credit for the success of the event to the relationship between the town departments, especially Marana Police, Traffic, and Operation and Maintenance and all of the businesses and sponsors that supported the event. Mr. Ellis gave kudos to Adelina Martin for planning her first major event for the town. Mayor Honea commented that Mr. Ellis, (town) staff, and the police department did a great job. P 2: Presentation: Relating to Committees, Boards and Commissions; appointment, selection and procedures Deb Thalasitis presented this item to Council. Mrs. Thalasitis brought the Council up to date on the Council sub-committee's (Council Task Force on Advisory Commissions) findings relating to Council Advisory Commissions. Council Members Comerford, McGorray, and Ziegler sat on the sub-committee. Mrs. Thalasitis presented a comparison matrix that showed the current status and the sub-committees recommendations all of the Citizen Advisory Commissions, Boards and Committees. Motion by Council Member McGorray, second by Council Member Comerford to direct staff to return on August 4, 2009 with agenda items necessary to achieve the changes to committees, boards and commissions discussed this evening. Motion carried unanimously. ANNOUNCEMENTS/UPDATES PROCLAMATIONS Drowning Impact Awareness Month MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray mentioned that the dirt is turning for the Marana Health Center. Mayor Honea stated that he toured Krebs Engineering today. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Deb Thalasitis updated everyone as to Town Manager's Gilbert Davidson time at the Harvard University Senior Executive in State and Local Government Program. Ms. Thalasitis stated that the Council Executive report is on the dais tonight. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion by Council Member Comerford, second by Vice Mayor Kai to approve. Motion carried unanimously with a 7-0 roll call vote. C 1: Resolution No. 2009-108: Relating to Real Estate; conditionally vacating and authorizing the Town Engineer to execute Quit Claim Deeds of Abandonment after the completion of the Camino de Marana /Dove Mountain Extension Project No. 2001-052 for a portion of Camino de Marana public right-of--way that will no longer be needed by the Town C 2: Resolution No. 2009-109: Relating to Development; approving a release of assurances for The Pines Phase II and acceptance of public improvements for maintenance C 3: Resolution No. 2009-110: Relating to Development; approving the release of the private improvement agreements for the Preserve at Dove Mountain Phase III offsite improvements and acceptance of public improvements for maintenance; 25061inear feet of roadway improvements located on Camino de Oeste north of Tangerine Road for maintenance C 4: Resolution No. 2009-11 I :Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana, Pima County, and the Town of Oro Valley for the Design Concept Study of the Tangerine Road Improvement Project between I-10 and La Canada Drive C 5: Ordinance No. 2009.15: Relating to Parks and Recreation; amending Title 13 of the Marana Town Code, Section 13-1-3, to prohibit smoking within 25 feet of any athletic field, athletic facility or children's play area in Town parks; and establishing an effective date C 6: Resolution No. 2009-112: Relating to Development; approving and authorizing a final plat for Dove Mountain Centre II C 7: Resolution No. 2009-113: Relating to the Marana Regional Airport; repealing Marana Resolution No. 2004-129; and declaring an emergency C 8: Resolution No. 2009-114: Relating to Development; approving a final plat for Sydney Place lots 1 through 4, and parcel "A," and authorizing the Mayor to sign the plat on behalf of the Town as landowner and approving body C 9: Resolution No. 2009-115: Relating to Utilities; approving and adopting the Town of Marana Utilities Department Identity Theft Prevention Program; and declaring an emergency C 10: Resolution No. 2009-116: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Location Transfer of a No. 09 (Liquor Store) liquor license submitted by Randy Allen Guse on behalf of Walgreens #9952 located at 12050 N. Dove Mountain Boulevard C 11: Resolution No. 2009-117: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Person Transfer and Location Transfer of a No. 6 (Bar) liquor license submitted by Michael R. McMahon on behalf of The Ritz- Carlton Hotel at Dove Mountain located at 15000 Secret Springs Drive C 12: Resolution No. 2009-118: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 10 (Beer and wine Store) liquor license submitted by Kelly Paul Vaughan on behalf of QuikTrip #1456 located at 5565 W. Cortaro Farms Road C 13: Resolution No. 2009-119: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 07 (Beer & Wine Bar) liquor license submitted by Ronald M. Parucki on behalf of Frys Marketplace #689, located at 12100 N. Thornydale Road C 14: Minutes of the June 23, 2009 special council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Resolution No. 2009-120: Relating to Development; confirming the Marana Planning Commission's decision approving a significant land use change to allow the retail sales and rental of construction and farming equipment by the Earhart Equipment Corporation at 13968 North Adonis Road Mayor Honea opened the public hearing. Lisa Shafer presented this item to Council. Earhart Equipment Corporation has requested to use this property for retail sales and the rental of farming and construction equipment. The Planning Commission unanimously approved the Significant Land Use Change on June 24, 2009. Ms. Shafer reviewed point by point a recent letter received from Phyllis Farenga. Phyllis Farenga, addressed Council. Ms. Farenga asked for a delay on this item. She opposes the SLU request based on a poor compatibility for the neighborhood. Her objections are based on the development department staffs lack of enforcement of the town code. Ms. Farenga continued by noting that the Planning Commission failed to address the noise, fumes, pollution, use of easements, traffic, and property values. She asked for a delay so that she, along with the rest of the neighborhood, can resolve all of their issues. Ms. Farenga also brought up the issue of the height of the wall that would face the park. Her concern is that if the wall is only eight feet tall it could pose as an easy obstacle should kids want to play with any construction or farming equipment. Alisha Meza, addressed Council. Ms. Meza gave a presentation she brought on the Marana Estates Neighborhood. She acknowledged that not all of problems are with regard to Earhart, however, she wanted to take this opportunity to address them with the Council. The concerns brought up by Ms. Meza were traffic, heavy equipment, hazardous materials, property values, infestation of pests, unsafe buildings, and the neighborhood's health, welfare, and safety. Another issue mentioned was asphalt being left after town staff had fixed the road. Council Member Post stated that the presentation was well done and well put together and raised some very serious concerns. Council Member Post asked Ms. Meza if she can correlate these concerns to Earhart. Ms. Meza responded by saying that there is only one way out of their neighborhood. In the event of an emergency and if equipment was blocking the roadway, they wouldn't be able to get out of their neighborhood. Ms. Meza went on to say that she did take this opportunity to bring other issues to light and feels that the neighborhood is being used as a dumping ground. Council Member Post responded that the issues that Ms. Meza brought up should be looked at, but those issues are a separate problem not relating to Earhart. Council Member Comerford mentioned that she had met with Phyllis Farenga and was aware of these issues, however, she didn't know about the asphalt being left at the side of the road. Council Member Comerford stated that staff is looking into the concerns she had brought up at their meeting and wanted Ms. Farenga to let her know if the asphalt isn't cleaned up. Council Member Zeigler stated that she agrees with Council Member's Post and Comerford's comments as to the problems brought up but stated that tonight we are here to discuss Earhart. Council Member Zeigler commented that in this area there is no residential use allowed. Ms. Farenga responded that she understood that and that she would like to have low impact business. Brianne Meza addressed Council and showed a video she took showing traffic from Ray's Diesel. She mentioned that on one occasion she had to push her children out of the way of a diesel tractor. Another concern of Mrs. Meza's was when these trucks are washed, the runoff water (full of oil & diesel fuel) goes into the easement between her property and the park on Adonis Road. Clay Parsons, addressed Council. Mr. Parsons mentioned that David Morales' thought on the naming of Jack Horton Road was a great idea. Mr. Parsons stated that his family owns land in the area. He has dealt with the Earhart Equipment Corporation for the past 20 years and thinks they would be great for the town. Devin Murphy, addressed Council and stated that he has dealt with the Earhart Equipment Corporation and thinks they would be a huge asset to the town as they also get involved with the community. Gordon Earhart, the applicant, addressed Council. Mr. Earhart stated that he would have no problem delaying this item for a couple of weeks if it is believed there are unanswered questions which he said there seems to be. Vice Mayor Kai commended the applicant for requesting a continuance to work out the issues brought forward tonight. Council Member Post asked what issues would need to be negotiated. The issue he saw was the height of the wall. Ms. Farenga responded that fumes are an issue. Council Member Post stated that would be regulated by DEQ (Arizona Department of Environmental Quality). Tricia Moorhead addressed Council and stated that there is an issue with property lines that needs to be addressed as well as a sink hole that is near the park. Council Member Post responded that property lines aren't subject to negotiations. Council Member Ziegler stated that Mr. Earhart and his company will have to adhere to the town's ordinances and regulations regarding fumes. David Morales addressed Council regarding BATNA (Best Alternative To a Negotiated Agreement). Council Member Clanagan wanted to be on the record commending Mr. Earhart to agree to meet with the concerned homeowners to give them an opportunity to present their issues to him. He believed that atwo-week delay would not cause harm to his development and would give the homeowners an opportunity to work out their issues. Mayor Honea and Council Member Ziegler commented on the two-week extension and Council Member Ziegler felt that the extension would not change the outcome. Council Member Post agreed to two weeks' extension and mentioned that the items that came into play during tonight's discussion should not be part of the outcome on this matter and that they remain separate. Mayor Honea closed the public hearing. Motion by Tice Mayor Kai, second by Council Member Clanagan to continue this item until August 4, 2009. Motion carried unanimously. Deb Thalasitis stated that town staff will follow up with the neighborhood this week in an attempt to resolve the issues brought up tonight. Council Member Post asked that the asphalt be picked up tomorrow. A 2: PUBLIC HEARING: Ordinance No. 2009.16: Relating to Development; approving a rezoning of approximately 4.8 acres of land from C (Large Lot Zone) to HI (Heavy Industrial) for the Marlund Co., L.L.C. on the east side of Breakers Road, approximately one-quarter mile south of Tangerine Road. Mayor Honea opened the public hearing. Kevin Kish presented this item to Council. Steve Wollerman, Southwestern Consulting Engineers, said that he would be glad to answer any questions the Council may have. Vice Mayor Kai asked if building two could be moved in line with building one with enough setback fora 55-ft high building so that it could be moved away from Breaker's Road. Mr. Wollerman responded by saying the Planning and Zoning Commission approved the building height at 35-ft. 2:00:15 Mayor Honea closed the public hearing. Motion by Council Member McGorray, second by Council Member Clanagan to approve with conditions. Motion carried unanimously. A 3: Resolution No. 2009-121: Relating to Boards, Commissions and Committees; approving the appointment of Peggy Mackey-Craig to the Marana Public Safety Personnel Retirement System local board. Mayor Honea presented this item Motion to approve by Council Member Clanagan, second by Council Member Posh Motion carried unanimously. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Presented by Steve Huffman, noting that the regular legislative session has concluded. The legislature is now in special session dealing with budget issues. He introduced Michael Racy to give an update on the bills passed during the session. Council Member Comerford asked when the final date is to pass the budget. Mr. Huffman reported that the budget has been passed, but there are technical issues that still need to be addressed because it's out of balance. This situation could be ongoing for the next two-three years. Michael Racy noted that this is an exceptional year. Approximately 213 bills were passed, about half than what is regularly passed. No bills were heard in the Senate until June 5, unprecedented in Arizona history. For the most part they were simpler, non- controversial items which he prepared an analysis for to Council that impacted cities and town. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member Comerford. Motion carried unanimously. The meeting was adjourned at 9:26 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July 21, 2009. I further certify that a quorum was present. ee®~~ OF~~q~®~~s ~` S~ p~~~Nnq~~~~ l ocelyn ronson, Town Clerk ,~ ti4~ ~oR~ F s~~. ~. S~+t~ ,~~~~igeW-~~~~~