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HomeMy WebLinkAbout10/06/2009 Regular Council Meeting Minutes'" ~' ~~~ ~~ ~ ~~ imwrs a?t Mi0.at~i REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 6, 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 7:04 p.m. Council Member Ziegler was excusea~ All other Council Members were present PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Mayor Honea led the pledge of allegiance and moment of silence. APPROVAL OF AGENDA Motion to approve moved by Council Member McGorray, second by mice Mayor Kai. Motion carried unanimously 6-0. CALL TO THE PUBLIC David Morales discussed his concerns that the Council is not considering the question of the town becoming a city to the voters. He suggested to Council in 2011 during the election cycle that the question could be put on the ballot of becoming a city. Option was the word he wanted the Council to consider. He urged Council to put this question on the ballot. PRESENTATIONS P 1: Presentation: Relating to the Marana Regional Airport; providing an update on the Marana Regional Airport three to five year short range plan with the objective of increasing aviation and non-aviation revenues and asking for direction Barbara Johnson introduced Orville Saling to make the presentation with specific reference to the downturn in economy requiring the airport to become an enterprise project to relieve some of the funding burden on the town. He suggested that bringing in corporate aviation would bring competition and promote growth opportunities. He noted that the plan is to grow the airport about 5 percent per year. Toward this end is the development of a corporate aviation center with light industry and an opportunity to spend more time in Marana. He asked Council for concurrence to go forward and explore these possibilities. Council Member Clanagan asked about the staff on hand to assist with the goals and why a manager isn't being hired. Mr. Davidson addressed this and noted that this is a salary modification from the previous airport director's position. He stated that the position is a critical position for the future development and is very labor intensive. The position requires someone with more aviation experience than is currently available on staff Mr. Saling noted that the position requires someone with more operational rather than development experience. Vice Mayor Kai noted that many improvements at the airport came from grants and there is a need for someone with the ability to attract these kinds of funds. Mr. Saling addressed that there is staff currently able to get the grants, but that the availability of grants are few and far between now. Council Member Comerford asked what the timeframe is to bring this back. Mr. Saling noted three to five years to get the project built up, but we should not let too much time pass so that we're prepared when the economy picks up. Mr. Davidson added that the airport discussions have been tied into the economic development roadmap for future development and that it is important to continue to invest in the airport ANNOUNCEMENTS/UPDATES PROCLAMATIONS (1) Arizona Cities & Towns Week (2) Marana Senior Center Day Ms. Bronson read this proclamation into the record. Marilyn Payton, recreation coordinator at the senior center, thanked the Council for their support. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan -spoke about the rededication of Sportspark to Mike Jacobs Sportspark. Mayor Honea -attended the Oro Valley State of the Town event; discussed business and industry and the partnership with the Chamber of Commerce -the Mayor toured the Johns Manville, Krebs Engineering, and Lasertel facilities last week and noted that Marana is not only a retail and hotel/motel source of commerce. There are over 1000 jobs at the businesses he visited. He asked for support to keep these kinds of businesses in Marana. He also attended the ribbon cutting for Sunflower Farmers Market hosting 450 people. Cutter Point Coffee and Golden Corral have had or are having grand openings, and he noted many businesses coming to Marana. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson noted that the Executive Report is undergoing modifications and will be available at the October 20th meeting. A special session of Council is scheduled on October 27th at 6:00 p.m. October 21 at 9:00 a.m. is the groundbreaking for the Camino de Manana/Dove Mountain extension. Invitations are in the process of being sent out. He noted that this is a regional connective project. Council Member Clanagan asked if there were any other changes to the Council meeting schedule through the end of the year. Mr. Davidson stated that that would be up to the Council. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve moved by Council Member McGorray, second by Council Member Posz Motion carried unanimously 6-0. C 1: Resolution No. 2009-168: Relating to Development; approving a release of assurances for San Lucas Block 9 and acceptance of public improvements for maintenance C 2: Resolution No. 2009-169: Relating to Utilities; approving and authorizing the Utilities Director to execute agreements with the Northwest Water Providers in a total amount not to exceed $50,000 in FY 2010 in support of and directly relating to the development of a delivery system for the Town of Marana's Central Arizona Project water C 3: Resolution No. 2009-170: Relating to Community Development; approving and authorizing full execution of an intergovernmental agreement with Pima County for the management and implementation of the 2009-2010 Community Development Block Grant program C 4: Resolution No. 2009-171: Relating to the Police Department; approving and authorizing full execution of a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Homeland Security - Urban Security Initiative Grant Program C 5: Resolution No. 2009-172: Relating to Community Development; authorizing an agreement between the Marana Chamber of Commerce, Inc. an Arizona 501(c)(6) non- profit organization to support the Marana Visitor Center and economic development activities performed on behalf of the Town of Marana C 6: Resolution No. 2009-173: Relating to Community Development; granting $36,000 in Funding to the Marana Western Heritage Committee, Inc. an Arizona 501(c)(3) non- profit organization to support youth activities at the Marana Heritage Arena C 7: Resolution No. 2009-174: Relating to the Police Department; approving and authorizing the Town Manager to execute two Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Operation Stonegarden Grant Program C 8: Resolution No. 2009-175: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 12 (Restaurant) liquor license submitted by Yun X. Lu on behalf of New Town Buffet located at 8500 N. Cracker Barrel Road C 9: Resolution No. 2009-176: Relating to Liquor Licenses; recommendation of approval to the State Liquor Board for permanent extension of premises for the Ritz Carlton Golf Club Dove Mountain located at 6501 Boulder Bridge Pass, Marana, Arizona C 10: Minutes of the September 15, 2009 regular council meeting 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 This item and A.2 were taken concurrently. The Mayor opened the public hearing. There were no comments from the public. Mayor Honea closed the public hearing. The applicant has requested that this item be continued to the November 3, 2009 meeting. The request is entered into the record 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 Mr. Cassidy presented and updated on some of the zoning specific changes and conditions of rezoning of the development agreement that are being addressed and clarified. (1) There are now added cross sections to each of the roads so that there is no question about what infrastructure elements are included. (2) As originally presented, there was no reimbursement for the Shoefly Road. The new version provides aone- fourth of the cost reimbursement for the Shoefly Road. That was revised to recognize that there is some public benefit for a road that might be in place for a long time. (3) If Uptown in the future wants to use that Shoefly Road which is between the two developments, they should pay their share agreement between the developers or there would be no access. (4) Clarified ADOT participation for ADOT permits at the time the roads are added. (5) With respect to the zoning conditions 5, 6 and 7 restated the dedication language as it relates to the road turning to the north. (6) Condition 6 -the Uptown Condition regarding the concurrency requirement -gives the overview of what roadway improvements will have to be constructed as part of the rezone. (7) Modification to Condition 7 -Traffic Studies. Language was added for clarification of Condition 6 - paying the proportionate share. Marana Mercantile will have to pay their share. Michael Racy representing Desert Troon, the property owners, commented regarding Council's patience with the many continuances. He believes the vast majority of discussion has been clarifying rather than changing conditions. He noted that it aligns both the private and public sector interests as a package. Council Member Post asked for the materials at least 10 days before the Council meeting. Mr. Racy assured Council that this would happen. The changes to the three conditions in the development agreement will hopefully be made within the next couple of days. Mayor Honea stated concerns over parts of the reimbursement process and the fact that there's no time period when the project needs to get moving. He suggested an incentivized timeframe. The development agreement doesn't set forth a time frame. He wanted discussion to agree to something concrete to obligate both sides and not leave it open as to when to start. Mr. Racy responded that there are things in the agreement that his client is not keen on. They have committed to build the Marana Main Street which they have no nexus with on this project and to front that cost and get reimbursed. That's an exceptional item at any time but especially in this economic environment. They've agreed to a one percent reduction in the interest rate and aphase-down in the interest rate if they don't perform within a time certain. They've agreed to a sunset on provisions on any new commercial impact fees which create a very great incentive towards them moving forward further. They've agreed to a balance of the condition that if they don't perform, they'll have us forced to reevaluate things in the future. So he thinks they've put in a number or carrots and a number of sticks to accomplish the sorts of things that you would like to accomplish. You all know a partner in this project is Walmart. Upon the zoning becoming final, they purchase 50% of this site. 'They don't purchase sites to have them sit as vacant land. That's not what Walmart does. They purchase sites to build stores on them. Desert Troon, the partner on the balance of it is a vertical property developer. Very different from our neighbor. Very different from the other owners of this property. But in this economic climate, if they try to put an arbitrary drop-dead date in it rather than the kinds of creative incentives that they've spent a year working on with management and staff, he honestly believe it may kill the deal. Economic times are that difficult. This is the only project of its type that I'm aware of that's even moving forward in southern Arizona -one of very few in the whole state. Target, who used to open 200 stores a year, will probably not open a dozen this next year. Home Depot - in the same category. Walmart is about the only company that's still moving forward. Will they hit their real estate committee date which is very soon on this site? I don't know if they will in this economy. But you've got the best assurance you can have with this team that it'll go forward as discussed and as planned. And if it doesn't, there are no obligations of the town, no impediments to the town, in fact, part of what they've worked on are the opportunities that if other larger players come in, they can do an improvement district to accelerate some of these and then all the requirements of this agreement and the town's reimbursement are all adjusted and reconciled, and it's some of those details that have taken us so long to work out on this because two years ago we embarked on a big effort to put an improvement district together. At that point the Cardon Company had a commercial developer that was interested in their commercial site. Meritage and Standard Pacific were still moving forward. You had projects north of town center that were moving forward. All of those are gone at this point. So this is the only one that's alive, and I think we've spent a lot of time... The only one of those big projects Ilisted - there's another developer doing some small stuff in that area, and I've met with them and we hope to coordinate some of it. But I'd be very, very cautious of an arbitrary drop- dead date. Long answer but - but a really important issue. I know we've spent time on it before, but it's -it's really important to my client. Mr. Davidson statedthat staff would certainly take the time to review the agreement and work with Mr. Racy and the client to look at all the triggers - and a number of them have been mentioned tonight -looking at both the incentive side and the timeframes that are involved here, and we'll make sure that when we come back on the 3rd that we're able to clearly lay that out and highlight what those items are. If there are opportunities to reinforce, we'll certainly to do that come back and provide that with our final recommendation, but we'll work with Mr. Racy to make sure that we've clearly outlined what all of the triggers are with this agreement. Motion by Council Member Clanagan, second by Council Member Post to continue this item to November 3, 2009. Motion carried unanimously 6-0. A 3: Resolution No. 2009-177: Relating to Streets; modifying the Marana Major Routes Plan right-of--way width for Adonis Road to account for the relocation of the linear drainage buffer to an area adjacent to the Union Pacific Railroad Presented by Keith Brann. He noted that he had made a single presentation for Resolution No. 2009-177 and Resolution No. 2009-178, both of them relate to the Tangerine Interchange and some of the designs that are coming out of that project. He gave some background on the Town's Major Routes Plan adopted in 2002 and the right of way plan for various arterial roads throughout town. He noted some modifications to the Major Routes Plan -the Marana Road Realignment with the Marana Mercantile and Uptown developments. He also noted the resolution that moved the Tangerine interchange. Adonis Road falls in the same category as many of the town's arterials roads in the northwest with a 250-foot right of way. To date, Tangerine Farms Roads uses this section with the basins. Moore Road and in front of Gladden Farms, the linear drainage buffer has been built. He discussed additional drainage issues and the problems with a drainage buffer next to the right of way. The Adonis resolution is not really a narrowing of the right of way; it's just taking a drainage buffer and relocating it. The Tangerine resolution takes into account that the town's current Major Routes right of way uses a 350-foot right of way for Tangerine Road. That was put into place due to the possibility of a frontage road system on Tangerine Road to reduce the number of major intersections so you could have a type facility. It also will accommodate the massive slopes needed for interchange construction as you go over the railroad. The proposal tonight is to narrow the right of way to 200 feet because in the area close to the interchange there will not be a frontage road system. Also, the design of the Tangerine interchange has taken away some of the uncertainty of how big the right of way is needed in that there are constructing this on retaining walls which drastically reduces the need for right of way. Reducing the right of way will allow more developable area around the interchange. Council Member McGorray asked a question regarding which side of the current Tangerine Road would go to Oro Valley. Mr. Brann stated that the proposal before Council doesn't affect Tangerine Road once you get past Trico. After that there is still a possibility of frontage roads and they want to keep the right of way the way it is. He also noted that there would not be any drainage basins on Tangerine Road. The Tangerine TI has some drainage in it, some of which will be public, but not linear basins that are part of the right of way. Motion by Council Member Comerford, second by Council Member Post, passed unanimously 6-0. A 4: Resolution No. 2009-178: Relating to Streets; conditionally reducing the Marana Major Routes Planright-of--way width for Tangerine Road in the vicinity of Interstate 10, and providing for the automatic repeal of this resolution if the currently pending Tangerine Road/Interstate 10 traffic interchange design is not implemented See discussion above on this item. Ms. Bronson read this item into the record prior to the motion. Motion by Council Member McGorray, second by Vice Mayor Kai. Passed unanimously 6-0. At this time, Mayor Honea noted that he had neglected to introduce a special guest during Call to the Public, and he asked Representative Pat Fleming to come forward. Rep. Fleming (LD 25) addressed Council and stated that she was happy to be back in the area. She wanted to pay her respects to the Council and the public and for all to continue to work for the best possible outcomes during the difficult times. A 5: Resolution No. 2009-179: Relating to Personnel; approving and authorizing an amendment to the Fiscal Year 2009-2010 temporary salary schedule adopted by the Town Council on June 23, 2009; adding the title and salary range for an Airport Manager, and declaring an emergency Presented by Suzanne Machain. She referred to the plans for the airport given in an earlier presentation. One of the components of that presentation was the hiring of an interim airport director. She noted that a description has been developed as well as a salary from data that was collected by comparator cities and other municipality airports of similar structure and size. She requested adoption of the resolution. Mayor Honea asked what she meant by a term limited appointment. Ms. Machain noted that it was not considered a classified, regular full time employment. The Public Services General Manager had indicated that because the airport will be growing, hiring someone in a temporary capacity would be more appropriate until more growth has occurred. This would be a term limited employee. Council Member Clanagan asked what would trigger the change. Ms. Machain responded that as the airport evolves -and perhaps Barbara Johnson would be a better person to speak to this -there will be a point in time when we would want a higher level of responsibility overseeing the airport. Motion by Council Member Comerford, second by Council Member McGorray. Passed unanimously 6-0 by roll call vote. A 6: Resolution No. 2009-180: Relating to Administration; approving a Social Media Use Administrative Directive for Town of Marana employees and elected and appointed officials; and declaring an emergency Presented by Gilbert Davidson, who noted that at the September 15, 2009 meeting, the Council approved an administrative directives process. The social media policy presented tonight falls into that category. He described the six items of the policy, and included the requirement for compliance with state law. Motion by Council Member Comerford, second by Council Member McGorray. Passed unanimously 6-0 by roll call vote. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Steve Huffman presented this item. He briefly thanked Rep. Fleming and for her work representing Marana. He noted the League of Cities and Towns is getting together intergovernmentals on Friday regarding the impending session in November. Part of the discussion will be what is expected and the impact on some of the budget bills that were passed in the last session. He will report to Council on that. He also provided the latest numbers as of August 2009 from the Joint Legislative Budget Committee. The current shortfall in FY 2010 between $1B and $1.SB. In the most recent year to date analysis of what they projected, the state's below their anticipated revenue collection for this fiscal year by $80M, so the projections are already falling short which continues to compound the problems currently faced. August was the 13th straight month with a double digit decrease of revenues into the state general fund. The Governor asked all state agencies to put together a plan for how they would reduce 15% of their current spending. This compounds what is currently being spent to operate well in excess of the revenues coming in. The bottom line is that although JLBC is saying there's a $1.SB shortfall, there is about $ l OB worth of spending moving forward and about $7B of revenue. That gap must be closed through revenue, spending cuts or one-time bonds. As of August JLBC reports that $184M available from the unconditional stimulus money is down about $80M of debt - so over half has been spent. 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 Council Member Clanagan asked again if Council had plans for additional meetings through the end of the year. The Council Retreat was mentioned and noted on November 14. ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously 6-0. The meeting was adjourned at 8:26 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Counc' meeting held on October 6, 2009. I further certify that a quorum was present. 1~N Jocelyn C. Bronson, Town Clerk