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HomeMy WebLinkAbout09/15/2009 Regular Council Meeting Minutes"~`~. ~~ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653. Council Chambers, September 15, 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 The meeting was called to order by Mayor Honea at 7:05 pm. All present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Upon motion by Vice Mayor Kai, second by Council Member Post, the agenda was unanimously approved after removing item C 9 which was moved to the October 6, 2009 agenda. CALL TO THE PUBLIC David Morales spoke comparing Roosevelt's speech after the Japanese attacked Pearl Harbor to the Council shaping Marana's future by becoming a city. Brianne Meza from Marana Estates referred to the fact that this historical neighborhood has been ignored regarding the safety of the neighborhood and because of its proximity to commercial development. Alisha Meza from Marana Estates showed slides of the affected area in Marana Estates and offered suggested solutions for redesign of the roads to address the safety issues. Council Member Comerford thanked Ms. Mesa for bringing ideas for Council and staff to consider. Phyllis M. Farenga from Marana Estates spoke regarding zoning and incompatible industrial business within their community. She offered a solution of an ordinance to educate voters on Marana's General Plan and the ramifications of such plan and attendant codes. She also addressed the issue of policing for profit which she believes has occurred within the town. Council Member Ziegler asked for a possible future agenda item to review these neighborhood concerns. Gilbert Davidson recommended that this could back to Council as a study session item. Council Member McGorray also spoke in favor of bringing this back as a study session matter. PRESENTATIONS P 1: Presentation: Relating to Development; a brief presentation on the status of the Marana Health Center Development Presented by Lisa Shafer. Jerry Zellman from WLB and Clarence Vatne, CEO of Marana Health Center were present to update Council on the new health center construction. Clarence Vatne illustrated his presentation with sketches of the three-story building. The first two floors contain about 56,000 square feet of clinical space for the health center. The third floor contains about 17,000 square feet and will be finished in shell space for later development. Grading of the site began July 14 and is about 98% complete phase one. The plot plan for the 26 acres includes nine building sites. Construction of the parking lot, placement of infrastructure and completion of the entrances onto Civic Center Drive and Gaudette Drive will go out to bid in about two weeks. Simultaneously with that work they will be soliciting bids for actual construction of the health center in early November with an award in December. The schedule calls for the center to be completed within 12 months of contract award and they hope to have it ready for occupancy in late 2010 or early 2011. He also noted the invitation which will be sent out for the Ground Blessing on October 23 performed by the Pascua Yaqui Deer Dancers. Council Member Ziegler asked what is scheduled for the available pads apart from the nine building sites. Mr. Vatne responded that those would be for professional or office space and possibly an assisted living facility. He also noted that several physicians and specialists are interested in coming to the center. P 2: Presentation: Relating to Development; request for direction on a potential annexation of Oshrin Park Lots 3-9 and a portion of Spanish Bayonet right-of--way within the Oshrin Park subdivision south of Cortaro Farms Road and east of Cerius Stravenue Presented by Lisa Shafer. This property is located near the recent annexation of Quik Trip. Quik Trip took the first two lots of Oshrin Park. Not long after that annexation some of the neighbors indicated their interest in being annexed into Marana. Mr. Cutler was the main resident who operates Cutler Landscaping on Cortaro Farms Road. He and his neighbors and agreed to go into together and request annexation. This is about 7.4 acres. The lot sizes are about an acre each. Currently, this is the same zoning as Quik Trip -suburban homestead in the county. In Marana's zoning it would transition to R-36 - a residential zone. Many of the property owners want to go forward and process a rezoning at the same time to a neighborhood commercial designation -similar to Quik Trip. A couple of businesses are currently located on the site and those businesses would have to come and request a rezoning or if anyone wanted to build or develop they would have to request a rezoning. There has been a lot of interest expressed to town planners for this. If Council approves a rezoning, development plans would have to be processed within the town. She is not aware of a development plan on the commercial businesses located there now. This area is in the future land map for the General Plan designated low density residential which does allow for neighborhood type uses. This is currently being served by Marana and there is wastewater availability. The only additional right of way needed to be taken in is along Spanish Bayonet Drive. Staff is looking for direction on the desire to proceed with the annexation. Mayor Honea commented that this would be a win-win for the town and the owners of the properties. Property values could be much higher with a rezoning and would give the town tax revenue or jobs. He asked for a motion to instruct staff to move forward. Council Member Ziegler agreed and started to make a motion for staff to move forward. Mr. Davidson informed Council that this presentation was an update and no formal motion was necessary in order to move forward. ANNOUNCEMENTS/UPDATES PROCLAMATIONS Family Day Proclamation Sunflower Farmers Market Proclamation Town Clerk Bronson read the proclamation. Mayor Honea presented the proclamation to Dave Ramsey, store director. Mr. Ramsey noted that this would be their 27th or 28th market in the Southwest and noted his most positive experience working with town officials and staff during the construction of the project. He also indicated how much they want to be part of Marana events. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Post spoke of a recent experience when he came in for a permit. He also noted that the MUSD has a great need for playground equipment at Thornydale School for the special education preschool children. Council Member Comerford noted that although the Council hadn't met for a month, they have been busy. Council Member McGorray reported on the tour of the Twin Peaks interchange project. Mayor Honea reported on the UA Science and Technology Center tour and the good ideas and encouragement from UA on things to do in Marana. He also noted the positive experience with Governor's Rural Development Conference in Litchfield Park and mentioned the League conference in Oro Valley last week. He and Mr. Davidson met with Supervisor Sharon Bronson. He further elaborated on the bridge structure for the Twin Peaks interchange, which is about 75% completed. He also met with John Ayres regarding the cemetery on Barnett Road. He noted a trip to Sahuarita as chairman of the RTA regarding a road project. He and others also met with Jana Kooi, new president of the Pima College Northwest Campus. He stated that he and Council Member Clanagan went to a MADD program to see Annie Shelberg receive a state award for the work she has done on this program. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson noted that he took Council Member Post's comments to heart regarding improving efficiency in the town's bureaucracy. He welcomed the Sunflower business to Marana. The town has submitted for stimulus funds for the Tangerine interchange. This project was led by T. Van Hook, Barbara Johnson and her team and Steve Huffman and Mitch Stallard - a very collaborative event. The Council executive report is also submitted as part of tonight's agenda. Deb Thalasitis noted that September 24 at the Wheeler Taft Abbett Library there will be a Parks Master Plan session. Mitch Stallard reported on the TIGER grant and thanked Council for their support. He noted that this is a great example of public/private partnerships. ADOT is planning to take this before its own planning board in September or October due to Mr. Davidson's efforts in going to Phoenix and the efforts of all of the staff naming several. In particular he complimented T. Van Hook for being the glue to pull it all together. He stated that the comments from the director of ADOT were that it was singularly the most phenomenal federal grant application ADOT has ever seen. There's much to be proud of. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Upon motion by Council Member Clanagan, second by Council Member Comerford, the Consent agenda was passed unanimously by a roll call vote with Council Member McGorray recusing herself from voting on item C 6 relating to the Marana Health Center. Item C 9 was removed prior to approval of the agenda. C 1: Resolution No. 2009-145: Relating to Development; approving the release of the private improvement agreements for the Dove Mountain Boulevard Extension station 241+20 to station 260+90.74 and Dove Mountain Boulevard round-a-bout offsite improvements and acceptance of public improvements for maintenance C 2: Resolution No. 2009-146: Relating to Development; approving the release of private improvement agreements for Gladden Farms Block 9 and acceptance of public improvements for maintenance C 3: Resolution No. 2009-147: Relating to Development; approving a release of assurances for Ironwood Reserve Block 2 and acceptance of public improvements for maintenance C 4: Resolution No. 2009-148: Relating to Development; approving the release of the private improvement agreements for the Willow Ridge Commons -Sandy Desert Trail Offsite Improvements and acceptance of public improvements for maintenance C 5: Resolution No. 2009-149: Relating to Development; approving and authorizing a final plat for the Lee-Mar Center C 6: Resolution No. 2009-150: Relating to Development; approving and authorizing a final plat for the Marana Health Center C 7: Ordinance No. 2009.19: Relating to the Privilege License Tax; adopting "the 2009 Amendments to the Tax Code of the Town of Marana" by reference; establishing an effective date; providing for severability and providing penalties for violations C 8: Resolution No. 2009-151: Relating to Business Privilege Tax; declaring "the 2009 Amendments to the Tax Code of the Town of Marana" a public record and directing the Town Clerk to maintain three copies on file C 9: Resolution No. 2009-152: Relating to Animal Control; authorizing Pima Animal Care Center to dedicate funds from the Town of Marana's July 10, 2009 dog licensing fee increase to the Animal Welfare Alliance of Southern Arizona's spay/neuter initiative C 10: Resolution No. 2009-153: Relating to Intergovernmental Relations; authorizing and approving the Town of Marana to enter into an Intergovernmental Agreement (IGA) with the Town of Oro Valley for a Wildlife Linkage Study for Tangerine Road between Interstate 10 and La Canada Drive as well as La Cholla Boulevard between Tangerine and Overton Roads C 11: Resolution No. 2009-154: Relating to the Police Department; approving and authorizing the Chief of Police to execute a Data Access/Exchange Agreement between the Town of Marana and the Arizona Department of Transportation Motor Vehicle Division regarding access to the Accident Location Information and Surveillance System (ALISS) database C 12: Resolution No. 2009-155: Relating to the Police Department; approving and authorizing the Chief of Police to execute a Task Force agreement between the Marana Police Department and the United States Department of Justice, Drug Enforcement Administration C 13: Resolution No. 2009-156: Relating to Public Works; approving and authorizing the Mayor to execute an Intergovernmental Agreement with the Arizona Department of Transportation relating to authorized appropriations for the American Recovery and Reinvestment Act of 2009 for three pavement preservation projects C 14: Resolution No. 2009-157: Relating to Public Works; approving and authorizing the execution of an acquisition and exchange agreement to acquire a portion. of parcel number 216-23-0720, owned by the Ying Family Trust, for the Camino de Mariana roadway project, and declaring an emergency C 15: Resolution No. 2009-158: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 9 (Liquor Store) liquor license submitted by Kim K. Kwiatkowski on behalf of Circle K Store #66701ocated at 5633 W. Cortaro Farms Road C 16: Resolution No. 2009-159: 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 Michael A. Phillips on behalf of Sunflower Market located at 3860 W. River Road, #K C 17: Minutes of the August 18, 2009 regular council meeting C 18: Resolution No. 2009-167: Relating to the Marana Municipal Airport; approving and authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration (FAA 3-04-0058-18) providing funding in the amount of $120,687 for design of an airport traffic control tower at the Marana Municipal Airport; and declaring an emergency COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2009.20: Relating to Development; approving a rezoning for Marana Mercantile, on approximately 39.09 acres located west of the I-10 Frontage Road and north of Marana Road Mayor Honea opened the public hearing. Kevin Kish presented this item and noted that the applicant was requesting a further continuance to the October 6, 2009 meeting, and referred to a letter to that effect which was placed on the dais. Deputy Town Attorney Fairall responded affirmatively to a question from Council as to whether this item and A 2 could be voted on together as they are related. Upon motion by Council Member Clanagan, second by Council Member McGorray, item A 1 and item A 2 were continued to the October 6, 2009 meeting. Motion carried unanimously. A 2: Resolution No. 2009-160: Relating to Development; approving a retail development tax incentive agreement regarding the Marana Mercantile development project and authorizing the Mayor to sign it A 3: Resolution No. 2009-161: Relating to Public Works; approving and authorizing the Mayor to execute agreements to purchase land from Pima County and the Pima County Flood Control District for use as mitigation lands in connection to the Twin Peaks Interchange project Presented by Cedric Hay. Motion to approve moved by Council Member McGorray, second by Council Member Post. Motion passed unanimously. A 4: Resolution No. 2009-162: Relating to Development; waiving development review and permitting fees and real estate processing fees for flood control infrastructure projects that reduce flood impacts of developed subdivisions containing areas newly designated as floodplains in the Federal Emergency Management Agency's 2009 Digital Flood Insurance Rate Maps Presented by Gilbert Davidson. Council Member Ziegler complimented Mr. Davidson and staff for their work on the project. Motion to approve moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously. A 5: Resolution No. 2009-163: Relating to Finance; authorizing the application for a loan from the Water Infrastructure Finance Authority of Arizona out of the State of Arizona's allotment of Drinking Water State Revolving Fund to finance certain water projects Presented by Erik Montague. Motion to approve moved by Vice Mayor Kai, second by Council Member Clanagan. Motion carried unanimously. A 6: Resolution No. 2009-164: Relating to Administration; approving and authorizing the Town Manager to implement an administrative directive system to establish operating practices and procedures for administrative functions and to supplement Town policy; and declaring an emergency Presented by Deb Thalasitis. Motion to approve moved by Council Member Post, second by Council Member Clanagan. Motion carried unanimously by roll call vote. BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Relating to the Town Council; report on the town council subcommittee discussion for the 2009 Strategic Planning Retreat, and requesting direction Presented by Gilbert Davidson. Mr. Davidson introduced the Council subcommittee tasked with preparations for the retreat as Council Members Clanagan and Comerford and Mayor Honea. Mr. Davidson presented options for retreat dates and locations. After general discussion, November 14, 2009 at the Marana Municipal Complex was chosen. Mr. Davidson will get with staff to finalize the details. Motion to approve November 14, 2009 as the date of the Strategic Planning Retreat to be held at the Marana Municipal Complex moved by Vice Mayor Kai, second by Council Member McGorray. Motion carried unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Development Impact Fees; the filing of the annual development impact fee report to account for the collection and use of development fees as required by ARS § 9-463.05 Presented by Erik Montague. Mr. Montague stated his purpose was to inform Council that Finance has filed with the Clerk the impact fee reports and what the reports are required to contain. This item is for notice only, no action is necessary. D 2: Resolution No. 2009-165: Relating to Community Development; discussion and possible action regarding a series of proposals to the United States Postal Service concerning changes to ZIP codes and city names Presented by Josh Wright. Mr. Wright gave a brief history of this item and the difficulties encountered in getting "Tucson" addresses changed to "Marana" within Marana town boundaries. He started with the current situation. There are approximately 19,515 commercial addresses and actual addresses. There are seven ZIP codes serving these addresses. He identified the ZIP codes that are the primary focus of discussion - 85741, 85742 and 85743 -all served by the Tucson Mountain Branch on Thornydale Road south of Magee in unincorporated Pima County. Many of the areas in these ZIP codes were annexed into the town in the early 1990s. The root of the problem began when "Tucson" was assigned to all areas of unincorporated Pima County. Of the three ZIP code areas, Marana is the largest stakeholder of addresses in 85743. In 85741, Marana has a larger portion than City of Tucson, mostly commercial businesses. In 85742, City of Tucson has no residences. He noted that ZIP codes in themselves are not the problem. The problem is the City of Tucson name used in incorporated Marana limits. Some of the problems encountered are mail delivery -delayed or no mail at all if you use `Marana' instead of `Tucson'. Confusion regarding insurance premiums, voter information, sales tax reimbursement, and liquor license applications and ADOT listing Marana businesses as being in Tucson. This affects branding and name identity. Mr. Wright then explained the process for changing this. Staff's recommendation is to approve two separate resolutions -one would make `Marana' the primary name in 85743 and Tucson would be the secondary address. The other would permit `Marana' to be used as an acceptable alternative 85741 and `Tucson' would be the primary address. No action would be taken regarding 85742 as the area covered by that ZIP code is still open for a lot of development and it would be premature to encompass the area into Marana where development might not occur. It would take 10 years before another application could be made to change that so it makes sense to leave that alone for now. He then presented scenarios of what could happen when the applications are made. If approved, a PR blitz would occur to educate residents prior to the Postal Service sending out their survey. The District Manager in Phoenix would have to give approval to proceed. If all goes well, the changes would take effect July 1, 2010. Mr. Davidson also added that this item is a result of the Council Strategic Plan under Community Building. Ms. Fairall again noted that although the agenda language referred only to Resolution No. 2009-165, there are actually two resolutions for Council's consideration - 2009-165 and 2009-166 if Council chooses to follow staff's recommendations. Council Member Clanagan expressed his concern about the short time frame to educate the community and meet the USPS deadline of November 15. Council Member McGorray asked Mr. Wright how the postal service was able to change her zip code from 85653 to 85858 without a survey. Mr. Wright responded that this is a right to make changes on their own without consulting anyone. Mayor Honea commented that most of the growth in 85743 is going to be in Marana. Council Member Comerford asked Mr. Wright about the survey and asked how long before December 15 would the town have to do the education part of the process. Mr. Wright has not been able to get a firm time line from the postal service. She felt that if people are educated properly prior to the survey it shouldn't hurt the town's efforts. Council Member McGorray again commented on the areas in unincorporated Pima and Pinal Counties that currently use "Tucson" as their address. Council Member Ziegler didn't feel concerned that there needs to be a lot of education or re-education other than flyers and word of mouth and didn't see a problem in making the change. Mr. Davidson stated that additional language could be added to a motion regarding outreach. Mayor Honea also noted that all print media was in the audience, so there would be information presented that way. He stated the way the options could be presented as resolutions. Motion to approve moved by Council Member McGorray, second by Vice Mayor Kai, Resolution No. 2009-165 supporting a proposal to the USPS to change the primary city name in zip code 85743 to "Marana" and allow "Tucson" to be used as an accepted alternative city name, and Resolution No. 2009-166 supporting a proposal to the USPS to add "Marana" as an acceptable alternative city name in zip code 85741 and directing staff to work on outreach to Marana residents and businesses. Motion carried unanimously. D 3: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Presented by Steve Huffman. The Legislature finished its third special session. He prepared a brief summary of what was accomplished. First, he thanked staff and Council Member McGorray who represented the town on the resolutions committee of the League of Cities and Towns. One of the resolutions was successful to be turned into legislation during the next session. Second, the Governor received a package of nine bills. Of those nine, she signed six, line item vetoed two of them and vetoed one. That has left us with sort of a budget about $1 B out of balance. Half of that is actually a rollover of last fiscal year and half a billion is all new problems from this year. So what the Governor announced was that she was going to be working with legislative leadership to call a fourth special session to resolve these issues. Timing is critical. The state is operating on borrowed funds. It is starting to affect the state's credit ratings. A high point that will impact towns is that one of the bills the Governor signed has an impact on moratorium on increase in construction sales tax and the creation of any new impact fees and the creation of any new building codes. The town is in pretty good shape with those. The one issue that could impact the town was the sweep of $22M of shared vehicle license taxes. This is an ongoing issue that cities and towns have been arguing is unconstitutional. The Governor vetoed the Legislature's attempt to do this. He read from her veto letter "I've consistently opposed vehicle license tax monies from the cities to help balance the state budget deficit as provided in this bill. For that reason a provision was added to the budget to allow this sweep to be repaid with monies from successful passage of the sales tax referral. Without the referral the trigger is ineffective and I cannot support the vehicle license tax sweep." This is contradictory to her earlier position. The earliest it could be on the ballot is March of 2010. This could cost the town a little over $ l OOK for its portion of the $22M, and it seems like a giant waste of resources since the League will most likely sue on passage of this. EXECUTIVE SESSIONS Motion to go into Executive Session on items E 2, E 3 and E 4 moved by Council Member McGorray, second by Council Member Comerford. Motion carried unanimously. Council left the dais at 9:01 pm. Council returned to the dais at 10:07 pm. 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 E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(4) to discuss options with and receive legal advice from the Town's attorneys for addressing funding issues for the Camino de Manana/Dove Mountain Road Extension (I-10 to Tangerine Road) Roadway Improvement Project FUTURE AGENDA ITEMS Council Member Ziegler noted that there was earlier discussion for a study session to look at the neighborhood revitalization effort, focusing first on Marana Estates. Mr. Davidson acknowledge that this was correct and also asked if there was interest in a study session following up on the city vs. town issue. There was none. ADJOURNMENT Motion to adjourn moved by Council Member Comerford, second by Council Member Post. Motion carried unanimously. The meeting was adjourned at 10:09 pm. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 15, 2009. I further certify that a quorum was present. yn C. B nson, Town Clerk ,~~~,'~~~P~r!!! 0~~1~`~®~ Mq ®,®i °``°`tu~rr~iA'~® mod: CORo~ F® ;~~ s® ,9~~si®e~see~~°°°°~ ®~