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HomeMy WebLinkAbout12/15/2009 Regular Council Meeting Minutes~ ~ ~` ~~~ ,rte ~~~~1 ~~~~ ar.r.~. REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 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 Mayor Honea called the meeting to order at 7:01 p.m. All Council Members were present except Council Member McGorray who was excused. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion by ice Mayor Kai to accept the agenda with the following changes: Presentation P2 is first, P3 second and PI thira~ Second by Council Member Zeigler. Motion carried unanimously 6-0. CALL TO THE PUBLIC No speakers were present. PRESENTATIONS P 1: Presentation:. Relating to Code Compliance; discussion and direction regarding proposed amendments to Title 1 of the Marana Town Code establishing the position of code compliance officer; defining the position of code compliance officer; establishing the authority of code compliance officers; and adding Chapter 1-9 entitled "Code Compliance" Presented by Ms. Fairall. Motion to direct staff to bring this item back to Council at the January 5, 2010 meeting moved by Council Member Comerford, second by Council Member Ziegler. Motion carried unanimously 6-0. P 2: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 4 - Employment Benefits Presented by Ms. Machain. Motion to bring back to Council at the January S, 2010 meeting moved by Council Member Comerford, second by mice Mayor %ai. Motion carried unanimously 6-0. P 3: Presentation: Relating to Municipal Court; discussion and direction regarding proposed amendments to Town Code Chapter 5-7 entitled "Civil Town Code Violations"; modifying procedures for commencement of action for civil violations of the Town Code; modifying procedures for service of civil code complaints; modifying provisions regarding civil sanctions for civil code violations; and making certain other clarifications regarding the types of judges who may hear appeals and order abatement in civil code violation cases Presented by Ms. Fairall. Motion to direct staff to bring back this item at the January S, 2010 meeting moved by Council Member Comerford, second by Council Member Ziegler. Motion carried unanimously 6-0. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford reported on the state of her health and thanked Council and members of the public for their good wishes while she was in the hospital. Mayor Honea reported on the ribbon cutting on December 18, 2009 for the Ritz Carlton. He noted that the opening of this facility will open up about 350 jobs right now. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson reported on the town closures on December 25 and January 1. The next regular Council meeting will be January 5, 2010 and there will be a special session on January 12 beginning at 6:00 p.m. He also noted that a draft budget schedule was placed on the dais. He noted that there maybe some modifications. It's fairly intensive schedule with a number of public study sessions each month. The process has already begun internally with staff collecting data and information. The Council Executive Report is also on the dais and is part of the record. Mr. Davidson noted that he was proud to have been nominated as the president- elected of the city/county manager's association next year. The final vote will be in February at the statewide meeting. He would serve as president of the association over the next two years. Council Member Clanagan acknowledged David Wong from Phoenix, a member of and candidate for the Corporations Commission. STAFF REPORTS CONSENT AGENDA GENERAL ORDER OF BUSINESS Motion to approve moved by Council Member Comerford, second by Council Member Clanagan to approve. Motion carried by way of a roll call vote 6-0. C 1: Ordinance No. 2009.25: Relating to Business Regulations; making further amendments to Title 9 of the Town Code to provide for business licenses to be administered by a license inspector designated by the Town Manager rather than by the Town Clerk; and declaring an emergency C 2: Resolution No. 2009-198: Relating to Development; approving a final plat for The Gallery Parcel s comprised of 49.7 acres in Dove Mountain C 3: Resolution No. 2009-199: Relating to Development; approving a final plat for The Heritage Park Shoppes C 4: Resolution No. 2009-200: Relating to Development; approving a release of assurances for Willow Ridge Commons Block A and acceptance of public improvements for maintenance C 5: Resolution No. 2009-201: Relating to Municipal Court; approving and authorizing the Mayor.to execute an intergovernmental agreement with Pima County for video-court hearings of Marana Municipal Court prisoners being held at the Pima County Adult Detention Center; and declaring an emergency C 6: Resolution No. 2009-202: Relating to the Police Department; authorizing the execution of a grant agreement with the Arizona Criminal Justice Commission for funding Marana's participation on the 2009-2010 Southern Arizona DUI Task Force C 7: Resolution No. 2009-203: Relating to Real Estate; reclassifying and designating a portion of Marana Heritage Park as "Heritage Park Drive Extension" public right-of--way C 8: Minutes of the December 1, 2009 regular council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2009.26: Relating to Development; approving a rezoning for Northwest Commerce Park of approximately 53.5 acres of land located south of Ina Road and west of Thornydale Road on both sides of Regency Plaza Street Presented by Lisa Shafer. Vice Mayor Kai asked what other types of uses are allowed under heavy industrial. Would a waste transfer station, a gravel processing or separation operation be allowed. Is that something we need to allow or not allow under HI? Ms. Shafer responded that there are some issues in that area that staff has been addressing with the developer. She noted that restrictions can be put on uses. In the site analysis presented to Council they have listed what types of uses that they will not be allowing. Staff can put extra security on that. John Gutierrez, 13151 N. Tailwind Drive, is a property owner adjacent to the site on Camino Martin. He is familiar with the property next door and stated that in light of what's there, it's a good use of the property and he supports it. Regency Drive has the infrastructure there. He stated that he worked on Camino Martin fora nice project compared to what's in the area. He hopes that what would be there would be conducive to what he's done. His comment was that he upsized the water main for the benefit of everyone on Camino Martin - it was part of doing business. This property abuts heavy industrial. One of the problems with the original Camino Martin as it grew over time was a lack of access or altered access. He wanted to make sure that the condition is there that the alignment for Jeremy -that if at some point an improvement district was to be formed for the Camino Martin area to cross that gunite ditch - that the developer can in their alignment create at least the road and the frontage up to that point. If it's not put in place, like Regency never aligned with anything, it's so expensive later on to fix, so right now's your opportunity to try to get those alignments straight, get the infrastructure there so that Camino Martin has access at peak times to get out of that area. Council Member Post noted that depending on what goes in that bottom lot, Camino Martinis a little bit tapped out as far as the road is concerned. Would there be any leeway to go back and have it repaved? Ms. Shafer explained that the property to the south is very restricted. There's an erosion hazard setback issue and a huge electrical line that takes up almost half of it. It's very limited as to what you'd be able to do with it. You'd have to go through a development plan process to see what is required. As for Jeremy Place, condition 7 in the staff report -right now with what they've looked at with the preliminary traffic analysis, Jeremy Place doesn't look like it will be needed - it ,will be a necessary cut through, but we've left it in that the developer will dedicate 60 feet of land for future right of way for the connection of Jeremy Place if deemed necessary based on the review of future traffic impact analysis by the traffic .engineering department, so we didn't want.to take it off the table completely - we wanted to leave some securityin there in case it was needed and they've agreed to that. Mayor Honea asked about the crossing over the Carmack Wash. This area is really difficult to get in and out of. If we started putting more business and traffic, are we going to be looking at stoplights on Thornydale or Ina? It's pretty tough now, and if you put some really high volume businesses in there, it's going to be pretty difficult, and I'm a little concerned about having thousands of automobiles and not adequate ingress or ingress or lighting to get in and out of these projects. Keith Braun addressed Council regarding a rezone that was moving through channels where there was going to be a possible Sam's Club and Wal-Mart at this location. That was the type of use that would have given the traffic generation that you fear. And in that instance, we were considering such things as signalization of Regency Plaza, realigned Regency Plaza with Oldfather, and CDO crossings at that time. The use that is part of this rezone and the restrictions on the uses of what they will do has through their traffic study drastically dropped the amount of traffic generated. As a result of that, we're not looking at signalizing Regency Plaza at either Thornydale or Ina; however, we are looking at indirect left, additional median openings on Ina Road so that traffic leaving Regency would be able to turn right, do a U turn just down the road and we're going to handle traffic that way. And in lieu of signalizing Regency -that is one of the reasons why although we're pursuing the right of way for Jeremy Place, we are not pursuing the roadway connection at this time. Because today Camino Martin can turn right or cross the median of Ina and do U turns so a connection at Jeremy Place wouldn't gain them anything except another U turn and access point. Also, we don't have-the right of way for the entire Jeremy Place. We would have to condemn right of way to make that connection. So through this rezone we are getting the right of way necessary to keep that avenue open should we ever go down that road. But the political ramifications of realignment of Regency Plaza with Oldfather were great... Many .businesses are. due south of Oldfather, and that would have required condemnation through. there. The lower use is a good use of the property without creating these undue burdens on Ina or Thornydale. We think we can handle it with additional U turns and median openings. Mayor Honea recalled trying to connect the Costco center with this center because there's so much retail there. He expressed his concern about present and future problems there. Mr. Braun conceded and stated that as they develop additional uses in those areas we would look at them through their individual traffic studies, and if they did warrant those types of things, there is the ability to put a tight signal in at Regency and Thornydale. It would be a substandard signal, less than what our requirements are, but it would be feasible and it could be timed with the Thornydale/Ina signal. It would not be our preference unless a use created that it could be done. The crossing of the CDO, affectionately called the Hurvie Davis Boulevard crossing because it was first envisioned by Hurvie Davis, was something that along with the Oldfather connection of Regency and realigning the whole thing, that we were basically handed by the county in the annexed area, that was also a use that was driven by the high intensity of a possible Wal-Mart and Sam's Club at that location. With the lower use, that's also something that's not warranted. And even during the time period during the Wal-Mart and Sam's we were concerned that making that connection while creating a good back circulation for the Wal-Mart area with the Costco area, it would still possibly even overburden the Costco loop and the signals with T'hornydale, so it would create back circulation but it may have brought a whole host of other problems to the signalization on Thornydale. So with this project and these uses it is being put the rest: We are not.looking for a right of way to extend to a CDO crossing. because of the low intensity uses. If they were to bring forward uses of a higher intensity, we would first look to how we address their connections on Thornydale or Ina but we're not looking for a wash crossing at this point. And originally the wash crossing was always envisioned as an at-grade crossing, and we weren't very comfortable with creating another one of those either. And we weren't sure if even a Wal-Mart/Sam's Club would have the wherewithal to afford a bridge crossing. So at this point we're at no additional crossing the CDO with this use. Mayor Honea declared the public hearing over. Motion to approve moved by ice Mayor Kai, noting the staff s conditions, second by Council Member Comerford. Motion carried unanimously 6-0. A 2: Ordinance No. 2009.27: Relating to Development;. approving a modification to the rezoning conditions of Ordinance No. 2006.05 A 3: Ordinance No. 2009.28: Relating to Development; approving a modification to the rezoning conditions of Ordinance No. 2006.06 Items A2 and A3 were taken together and voted upon together. Presented by Lisa Shafer. She noted that she brought these items forward as perspective for Camino de Mariana and Lambert Lane. On March 21, 2006, the Council adopted two ordinances - 2006.05 and 2006.06. Total they rezoned 30 acres from R-144 to R-80. Both had the same rezoning condition, restricting total disturbance to 30%, all easements -septic, leach fields, the house disturbance, etc. Each of the properties has multiple property owners. During the platting process each had separate subdivision plats on them and was discovered in 1973 a 30 foot ingress/egress easement was placed on a parcel a long time ago. Right now the property in the middle of them, that is where • - • they're using their access. The wo •subdivisions worked together. They have paved Lambert Lane and come up through the middle of the property and have worked hard to reduce the ingress/egress for their subdivisions. The 30 foot easement along their east and west boundaries was intended for the properties to the north. There's no development there currently, and they may never use the access points depending on how they want to get access to their site. They proposed an increase of their disturbance to 40% which would allow them to count those easements in their disturbance. This would not benefit them, but it could benefit future owners. Staff is recommending that the ordinance condition for both areas be modified. Motion to approve moved by Council Member Post, second by Council Member Clanagan. Motion carried unanimously 6-0. A 4: Relating to Public Works; approving the acquisition ofright-of--way for three roadway crossings over the Cortaro-Marana Irrigation District canal adjacent to the Interstate 10 Frontage Road for the Tangerine Farms Road Improvement District Project, No: 2004-36, and authorizing the Town Engineer to execute all documents and. take all actions. reasonably prudent to accomplish the acquisition Presented by Frank Cassidy: Mr. Cassidy noted that these CMID crossing acquisitions .are needed for the Tangerine Farms Road project. Essentially this was on a previous meeting's agenda as a consent item with a miscalculated purchase price. Once the miscalculation was brought to his attention, he pulled it from the agenda and put it on as an action item in case there were questions.. Mayor Honea asked if there was clarification on where the monies to pay for this came from -were they paid through the improvement district or general fund monies? Mr. Cassidy responded that the source of funding has not yet been clarified as to whether it will come from the Tangerine Farms Road project. The recapitulation for the project still has to be brought back to Council, and it may be by that time that funds will be available for the project reimbursing the town. However, right now it doesn't look like there is any funding from the bond sale to cover this. Mayor Honea again reiterated that the .town would have to pay regardless of whether there were any funds left in the improvement district. Motion to approve moved by Council Member Clanagan, second by Council Member Ziegler. Vice Mayor Kai and Council Member Post abstainea~ Motion carried 4-0. A 5: Resolution No. 2009-204: Presentation: Relating to Strategic Planning; approving and authorizing the Town Manager to implement the Town of Marana Strategic Plan Addendum; and declaring an emergency Gilbert Davidson presented and noted that on November 14, a planning retreat was held to review the accomplishments of the Strategic Plan over the past year and also to recognize the changing economic environment that we live in. Through that effort the Council identified a number of modifications and changes to specific objectives contained within each of the five. focus areas. That document is attached as part of the Council packet material for review tonight. Basically, staff is asking that this be incorporated into the Strategic Plan document and implemented. Motion to approve moved by Vice Mayor Kai, second by Council Member Posh Motion carried 6-0 upon roll call vote. BOARDS, COMMISSIONS AND. COMMITTEES B 1: Relating to Boards, Committees and Commissions; recommendation for membership and appointment to Citizen Advisory Commissions Presented by Ms. Bronson, who stated that under the procedures adopted by Council in August, two applications -one for the Business and Economic Development Citizen Advisory Commission and one for the Board ofAdjustment -were being presented for Council consideration. Ms. Dee Maitland was applying for the Business. and Economic Development Citizen Advisory Commission. Mr. Larry Steckler was applying for a position on the Board of Adjustment. Mr. Steckler had previously served on the Board of Adjustment but resigned by his position to take a position on the Parks and Recreation Citizen Advisory Commission. Under the revised procedures, Mr. Steckler could apply to sit on a citizen advisory commission as well as another board or committee.. Mr. Bronson noted that these were the only two .applications received. The applications had been provided to Council for review. Staff was asking for Council consideration at tonight's meeting. Mayor Honea called for action. Motion to appoint Dee Maitland to the Business and Economic Citizen Advisory Commission and Larry Steckler to the Board of Adjustment moved by Council Member Clanagan, second by Council Member Ziegler. Motion carried 4- 2 with Council Member Comerford and Vice Mayor Kai voting nay. Ms. Bronson will notify the applicants of their appointments. Prior to the legislative update, Vice Mayor Kai indicated that Barry Wong was introduced earlier by Council Member Clanagan, noting that he was a candidate for the Corporations Commission and asked if he could have. three minutes to speak.. Mr. Cassidy interjected that for the record this would require re-opening Call to the Public. Mr. Wong. then addressed Council. ITEMS FOR. DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Presented by Steve Huffman. He updated Council that Thursday is supposed to be the beginning of Special Session 5 for this. Legislature. No bills have been introduced yet. There are expected to be three issues up for consideration. The first will be a package of about $200M worth of budget cuts. As of October, the revenue projections were about $400M below projections for the fiscal year. There is still about a $1.6B shortfall. The Legislature will also be addressing two additional issues -one will be a referral to the ballot to allow the Legislature to alter voter-protected initiatives and the other will be a referral to the ballot for the voters to approve a one cent sales tax. The timing on all this is not clear. The earliest may be the March. election cycle.. The sales tax won't really significantly help this fiscal year because of the timing of it but it would start focusing discussion on revenues as opposed to just cuts to tryto .balance the budget. Mayor Honea asked if he had an idea when final approval to balance the state budget would -come. Mr. Huffinan stated that last year it was July 2, and last year about half a billion dollars. were rolled back into this fiscal year. The pressure is mounting on the Legislature and the problems. are getting worse not better. The revenue situation doesn't seem to be improving.. There are double digit losses month after month. Any. cuts they might contemplate become more and more complicated as state agencies continue spending money that they don't have. He indicated that the town would be working with partners through the League to not balance the budget om the backs of cities and towns. EXECUTIVE SESSIONS Mayor Honea indicated that executive sessions were needed for E2, E3, E4 and E5. Motion to go into executive session moved by Council Member Post, second by Council Member Ziegler Motion carried unanimously 6-0. Council left the dais at 8:03 p.m. Council returned to the dais at 9:18 p.m. E 1: Executive Sessionpursuant to A.R.S: §38-431.03 {A)(3), Council may ask fordscussion or consultation for legal. advice with the Town Attorney concerning any matter listed orrthis 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 positionand instruct the Town Manager and staff concerning (1) the lawsuit entitled. Town of Martina 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 Martina wastewater collection and treatment to the Town of Martina E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(3), (4) and (7) to discuss, receive legal advice, and direct counsel and staff concerning the Central Arizona Water Conservation District's proposed sale of the Avra Valley Recharge facility E 5: Executive session pursuant to A.R.S. § 38-431.03(A)(4), to consider the Town's position and instruct its attorneys in settlement discussions with Stantec in order to avoid litigation concerning costs incurred by the Town in connection with an incorrectly located water line at 10210 North Silverbell Road Mr. Cassidy noted that as discussed in executive session, staff requests authorization to accept a $30K offer to settle that dispute. Motion by Council Member Post, second by Council Member Comerford Motion carried unanimously 6-0. FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn by Council Member Post, second. by Council Member Comerford Motion carried unanimously 6-0. The meeting was adjourned at 9:19 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Martina Town Council meeting held on December 15, 2009. I further certify that a quorum was present. celyn Bronson, Town Clerk.