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HomeMy WebLinkAbout11/21/2006 Regular Council Meeting Minutes MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 21,2006 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Vice Mayor Kai at 7:04 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Excused Present Present Present Present Present Present STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Deputy Town Manager Assistant Town Manager Town Attorney Town Clerk Present Present Present Present Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Vice Mayor Kai and asked that thoughts and prayers go out for Mayor Honea and his father, John Dailey, Barbara Berlin and family, T. Van Hook and family and Mike Mencinger's mother. c. APPROVAL OF AGENDA Upon motion by Council Member McGorray and seconded by Council Member Escobedo, the agenda was unanimously approved with item 1-3 in the consent agenda to be removed. D. CALL TO THE PUBLIC Michael Lisa Capo with Pima Community College, Northwest Campus Student Government, Vice President and committee chair for service committee addressed Council and stated they have collected 75 pounds of food that they would like to donate to families for Thanksgiving. E. PRESENTATIONS a. ANNOUNCEMENTS 1. Presentation of Police Crime Scene Unit vehicles (Richard Vidaurri) Chief Vidaurri addressed Council and stated the new Crime Scene Unit vehicles were purchased through Capital Improvement Project monies. He thanked Mayor and Council for their support. 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 21,2006 b. INTRODUCTIONS 1. Lt. Roberto Jimenez, Police Department (Richard Vidaurri) Chief Vidaurri introduced Lt. Jimenez who was recently promoted to lieutenant and shared some of his background. Lt. Jimenez recently graduated along with Chief Harris, Lt. Alvarez, Sgt. Johnson, and Sgt. Brunenkant from the Northwest University Center for Public Safety School of Police Staff and Command. 2. Steve Schmidt, Park Superintendent (Tom Ellis) Mr. Ellis addressed Council and introduced the new Parks Superintendent, Steve Schmidt. Mr. Ellis stated that Mr. Schmidt brings 20 years of landscape management and construction experience. c. PROCLAMA TIONSIUPDA TES 1: Update: Relating to Personnel; Administrative Policies (Regina Fleming) Ms. Fleming addressed Council and gave an update regarding Administrative policies. Ms. Fleming stated currently there are eight polices for review and acceptance and more coming by the beginning of the year. 2. Update: Critical Path Institute (Larry Alldredge) Mr. Alldredge, Chief Operating Officer of the Critical Path Institute addressed Council and stated Critical Path is the name of the entity put together by the FDA to improve the drug development process. The Critical Path Institute was formed in 2004 principally to make these changes. Their mission is to act as a neutral party. There is no funding from the pharmaceutical industry. The funding has come from the community, and specific federal appropriations. There is a project with the University of Utah to deal with Warfin, a blood thinner. There is a serious problem in both its use and how it's managed. The project is using some of the tools that are available in genetics to actually improve dosing for patients that are dealing with serious cardiac conditions. They have also created the Critical Path Foundation and are in the process of raising funding for that. What the FDA has tried to do under the Critical Path Initiative is to break down barriers to innovation. If they are successful they will have faster, safer, smarter medication products to use for all disease conditions. A lot of data will be generated and they hope with the data and their recommendations it will lead to changes. Vice Mayor Kai stated there is a concern in the area that a lot of pharmaceutical drugs taken by residents living in Pima County end up 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 21,2006 in our sewer system and don't get broken down or processed at the sewer plants and could end up in the affluent water that could affect our ground water supply and wanted to know if there was something that Critical Path could do for safety measures for the Town. Mr. Alldredge stated that this was probably something that they could not do. They have been approached by many organizations to work on other issues such as wellness. We support wellness organizations, but we do not work in the area of wellness. It is fundamentally back to the manufacturing process and we are not engaged in manufacturing process reVIew. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Escobedo thanked Council Member McGorray and Vice Mayor Kai for their contribution to the Food Bank. The Miracle in Marana Holiday party is December 23rd. Council Member Comerford stated the Marana High School band for the first time in twenty years got a superior standing at the State competition. Council Member McGorray stated that anyone who would like to donate to the food bank should make checks to Marana Food Bank; we need the funds credited to Marana. The food bank really needs donations year round. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS Mr. DeGrood addressed Council and expressed appreciation to PCC Student Government and the fact they have been involved with us in other activities during the year and appreciated their interest in working with the Town on projects we can do for the community. GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2006-185: Relating to Water; approving and authorizing the Mayor execute an agreement with the Central Arizona Water Conservation District for storage of water at the Lower Santa Cruz Replenishment Project (Frank Cassidy) 2. Resolution No. 2006-186: Relating to Water; approving and authorizing the Mayor to execute an agreement with the Central Arizona Water 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 21,2006 Conservation District for storage of water at the A vra Valley Recharge Project (Frank Cassidy) 3. Resolution No. 2006 187: Relating to Real Estate; authorizing the aequisition by ftegotiation or eondeftHlation of laftds and property rights needed f-ar the Camino de l\'lanana, Linda Vista Bouleyard to Tangerine Road, Town of Marana Project No. 2001 52 (Keith Brann) 4. Resolution No. 2006-188: Relating to Real Estate; approving and authorizing the execution of an intergovernmental agreement between Pima County and the Town of Marana to provide mitigation funding for wildlife corridors in the Marana area (Frank Cassidy) 5. Resolution No. 2006-189: Relating to Liquor Licenses; consideration of recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Stewart Lee Roth on behalf of Fire and Ice, located at 12130 N. Dove Mountain Boulevard, Suite 104 (Jocelyn Bronson) 6. Minutes of the September 19, 2006, joint study session meeting; September 19,2006 regular meeting; and October 3, 2006 regular meeting. Upon motion by Council Member McGorray, seconded by Council Member Escobedo, the consent agenda was unanimously approved. J. COUNCIL ACTION 1. Resolution No. 2006-190: Resolution of the mayor and common council of the town of Marana, Arizona, (1) providing for the sale and issuance of not to exceed $30,000,000 aggregate principal amount of town of Marana, Arizona tangerine farms road improvement district improvement bonds; (2) prescribing certain terms and conditions of the bonds including the delegation to the manager of the town of Marana, Arizona of the authority to designate the final principal amounts, maturity dates, interest rate and yields and other matters with respect to the bonds; (3) making certain findings, certifications and covenants with respect to the bonds; (4) delegating to such manager the authority to appoint a bond registrar and paying agent with respect to the bonds, approving an agreement with such bond registrar and paying agent and an agreement with a securities depository and authorizing the mayor or vice mayor of the town to execute and deliver such agreements; (5) delegating to such manager the authority to accept a proposal for the purchase of the bonds, approving a bond purchase agreement with respect to such proposal and authorizing the mayor or vice mayor of the town to execute and deliver such agreement; (6) ratifying all actions taken with re- spect to the preparation and distribution of a preliminary official statement with respect to the bonds including the delegation to such manager of the authority to approve the form thereof and to deem the same final; (7) delegating to such manager the authority to approve a form of official statement with respect to the bonds, authorizing the mayor or vice mayor of the town to execute such official statement and authorizing distribution of such official statement; (8) approving a continuing disclosure undertaking pertaining to providing certain future information with respect to the bonds 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 21,2006 and authorizing the mayor or vice mayor of the town to execute and deliver such undertaking; (9) ratifying all actions taken to further this resolution and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution and (10) declaring an emergency (Jim DeGrood) Mr. DeGrood addressed Council and stated they are looking for authorization to go forward with the bond sale offering documents. Present is financial advisor and bond counsel Mr. Reader and Mr. Cafiso. Upon motion by Council Member Comerford, seconded by Council Member Blake, Resolution No. 2006-190 was unanimously approved. 2. PUBLIC HEARING. Ordinance No. 2006.32: Relating to Development; approving and authorizing the Regency Retail Center Rezoning (Barbara Berlin) The applicant has requested that this hearing be continued until December 19, 2006. Vice Mayor Kai asked if a motion from Council was needed. Mr. Cassidy addressed Council and stated a motion was necessary and to continue the case without re-notice it should be continued to a date certain. Upon motion by Council Member McGorray, seconded by Council Member Blake, was unanimously approved to have the Public Hearing for Ordinance No. 2006.32 continued to December 19, 2006. 3. PUBLIC HEARING. Ordinance No. 2006.30: Relating to Development; approving and authorizing a rezoning for Ironwood Acres Estates (Barbara Berlin) Kevin Kish, Deputy Planning Director, addressed Council and stated they are requesting approval of rezoning of approximately 78 acres to develop a 35-lot residential subdivision. The applicant proposes a change of zoning from the C- large lot zone to R-80 which is a single family residential 80,000 sq. ft. minimum lot area. The tentative development plan calls for the 35-lot subdivision with a maximum of 30 percent site disturbance. The applicant is going to be responsible to prepare a resource protection plan with the submittal application and preliminary plat. The project will have a one internal loop local system connecting Tangerine Road and an emergency access road which is located to the east. The internal road network depicts connections to future development in the southern and eastern edges of the projects. The private streets are being proposed currently and will be designed to meet the Town street standards. The closest sewer line is a connection that lines approximately 13,050 feet to the east of the subject property. Currently that line is not within the sewer basin area that serves this property and based on information from Pima County Waste Water the nearest sewer to serve this area would be the ones involved in the Gladden projects to the west. The requirements of Pima County Waste Water when a 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 21,2006 public sewer line connection is within 200 feet becomes available the development must connect to the public sewer within one year. The applicant has been working with the Coalition for Sonoran Desert Protection. Conditions 10-17 have been made based on the agreements that the applicant made with the Coalition. Vice Mayor Kai stated County policy is if the sewer line is within 200 feet of your home, you have to hook up to the sewer system and wanted to clarify that item 17 addressed this issue. Council Member Escobedo wanted to clarify that the applicant did agree to the additional conditions for this to move forward. Mr. Reuwsaat addressed Council and stated Mr. Winters is present representing the applicant and he has concurred with the additional conditions including number 17. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Ordinance No. 2006.30 was unanimously approved with the 17 recommended conditions. 4. Resolution No. 2006-191: Relating to Development; approving and authorizing a preliminary plat for Saguaro Ranch Phase III (Barbara Berlin) Mr. Kish addressed Council and stated they are requesting preliminary plat approval of a 34 lot custom home subdivision on approximately 178 acres within Saguaro Ranch gated community. The Saguaro Ranch phase III plat is a partial re- subdivision oflots 43 through 45, block 3, and a portion of common area A ofthe original Saguaro Ranch final plat. The Saguaro Ranch phase III subdivision will consist oflots 43 through 45,66 through 96, and common areas A and B. The zoning for the Saguaro Ranch and this subdivision is RD 180 which is single family 180,000 sq. ft. minimum lot area, average lot size is over 200,000 sq. ft., and maximum allowable disturbance of 20 percent. Upon motion by Council Member McGorray, seconded by Council Member Allen, Resolution No. 2006-191 was unanimously approved. 5. Resolution No. 2006-192: Relating to Administration; authorizing emergency procurement of materials and services necessary to provide parking and other accessory support activities relative to the 2007 PGA Accenture Match Play Championship Golf Tournament; establishing procedures and budgetary limitations for this emergency procedure; and declaring an emergency (Frank Cassidy) Vice Mayor Kai declared a conflict of interest and asked Council Member Comerford to preside this issue. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 21,2006 Mr. Cassidy addressed Council and stated this item prepares the Town for the Accenture Match Play Tournament. It is difficult to know with a tournament this size what exactly will come up. The few things that will be coming up will be needed sooner than we can go through the normal procurement process. The emergency procurement procedures are designed to get the maximum competition possible, but to accelerate the process. Upon motion by Council Member McGorray, seconded by Council Member Allen, Resolution No. 2006-192 was unanimously approved. 6. Resolution No. 2006-193: Relating to Real Estate; approving and authorizing the execution of a reciprocal parking license agreement with OPI-CRH, L.P. (Frank Cassidy) Mr. Cassidy addressed Council and stated this is a reciprocal parking license agreement which essentially allows everybody to maximize the parking without having excessive parking. It is anticipated that there will be peak parking times for the park and the library versus the commercial areas so what this will allow is the developer option one to count toward its parking requirements, the parking lot that the Town is putting in near the library, and it allows the Town and its patrons to use the parking lots surrounding the commercial buildings. It is written in terms of a license. It is anticipated that it will be a long term arrangement, but it can be legally revoked. Council Member Escobedo asked what the liability issue would be. Mr. Cassidy stated the liability runs with the owner. We do have an indemnification provision in the agreement that basically says everybody takes care of their own property. Upon motion by Council Member Comerford, seconded by Council Member Blake, Resolution No. 2006-193 was unanimously approved. K. BOARDS. COMMISSIONS AND COMMITTEES 1. Mavor and Council sittin2 as Floodplain Mana2ement Board: Relating to Floodplain Management; Presentation of a request for a variance from Title 21, Floodplain and Erosion Hazard Management Code, for property located at 14475 W. Imogene Place (Keith Brann) Mr. Brann addressed Council and stated Mr. Burbage's property based upon the information from FEMA lies within the floodway of the Santa Cruz River. The floodway as being defined by FEMA is the stream channel in the portion of the adjacent floodplain that must remain open to permit passage of the base flood. Flood waters are generally deeper and swifter in the floodway and anything in this area is in the greatest danger from a flood. The floodway of the Santa Cruz River was re- 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 21,2006 mapped March 10, 2005. Much area of the Town was removed from the floodway. Unfortunately, part of Berry Acres mainly the part south of Imogene Place, remains in the floodway. Several properties along Imogene Place have been approached by Pima County through their floodplain program to purchase those properties. Mr. Burbage has two trailers on his property. He would like to remove those trailers. An initial letter that he presented stated he wanted to construct a site built home on fill of the same footprint as the existing trailers. We have received recommendations from the engineer who is proposing that the trailers be removed and a site built home be constructed that would have the same profile of obstruction to flood waters. That is the current proposal. FEMA recommends communities apply more stringent regulations than they do. One of the regulations that the Town approved in the floodplain code was no residential construction in the floodway. Mr. Burbage is present along with his representative. The staffs position is that the code prohibits all residential construction in the floodway and we would prefer to work with the County to acquire these properties and get people out of the floodway. Mr. Burbage's request in our opinion is not the minimum relief necessary from this problem. We feel acquisition is the best alternative. We recommend the Floodplain Board not grant the variance in this case. Council Member Escobedo asked what alternatives were given to Mr. Burbage. Mr. Brann stated there has been no formal negotiation to acquire Mr. Burbage's property or to do a swap. There have been informal suggestions to that affect. There was an appraisal done in 2002 or 2003 as part of a possible acquisition, but it did not go any further. Council Member Escobedo asked how high Mr. Burbage's home has to be under the condition it is now or how much would it have to be built up. He asked if there were other alternatives that could keep his home high enough. Mr. Brann stated FEMA has some stringent requirements as far as no rise and no adverse impact on up stream or down stream properties. The evaluation requirements that the property would have to go through are irrespective of any floodway requirements in that they would still have to comply with elevation above the calculated base flood elevations. We did some preliminary calculations using aerial topography contours that we have. The current trailers that are on Mr. Burbage's property would need to be elevated roughly a finished floor at about three feet above existing grade. His current trailers fall either there or possibly even four feet high. The proposed location was 75 feet back from the property line and based on the contouring the property drops off at the location. We estimate an approximate eight foot elevation above natural grade. Weare looking at quite a high structure. Justin Turner, a civil engineer, addressed Council and stated he recommends granting the variance for Mr. Burbage with the condition that a study be provided prior to issuance of any building permits clearing demonstrating that the new buildings will not block flood waters. Mr. Turner stated he has been doing hydrology work for almost thirty years. We would suggest that an analysis be done to show that there 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 21,2006 would be no additional blockage of flood waters. Mr. Turner stated the water in that area is not moving fast and not flowing deep. Mr. Turner stated that in a 100 year flood two feet deep or less. It is flowing about three to four feet per second. It is not moving sand. It can move silt, but it is not an erosion problem. Vice Mayor Kai asked ifhis client is ready to build right away. The Town is working for future bank protection, re-channeling the river in that area, and that may remove his home out of the floodway. Mr. Turner stated his guess would be in one to two years he would be in a position to build. Mr. Burbage has asked that they not do the engineering calculations because of cost and would prefer to get the necessary permissions with the stipulation that those engineering calculations and incurred costs be done at that time as a condition. Mr. Turner is suggesting granting the variance with the condition that a favorable study be demonstrated. It is contingent on the demonstration that there is no net rise. Council Member Escobedo asked who would do the report for the study. Mr. Turner stated he would or someone designed by the applicant. It would not be something that the Town would do. Council Member Escobedo asked Mr. Burbage if he would consider any other alternatives with assistance from the Town or other resources. Mr. Burbage stated if it was comparable. Mr. Brann has suggested trading him one acre of vacant land for his four acres of property and he does not feel this is equitable. Mr. Reuwsaat stated the staffs position is that they do not support the variance. It is in the floodway. It will be looked at by FEMA and possibly considered, but it still in the flowing river. As we are audited by FEMA they will be looking at how well we hold to our floodplain ordinances and provide for the safety of residents. Mr. Reuwsaat's recommendation would be not to grant the variance, but to authorize staff to work with Mr. Burbage to look at other alternatives. Weare recommending denial because this would open the door for others that are in the floodway to come looking for variances along the Santa Cruz River. Vice Mayor Kai asked about the possibility of continuing the item until an analysis can be performed by FEMA and maybe they will answer the question. Mr. Reuwsaat stated it is in the floodway and our Code prohibits that. Mr. Reuwsaat stated he is concerned with the precedence it would set with people in the floodway when the river is flowing. Mr. Burbage stated in two years the Town of Marana has not made any effort to work with him. He stated he spent two years getting before Council. Vice Mayor Kai stated staff is committed to working with him. 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 21,2006 Council Member McGorray wanted to clarify if the following was accurate: if a variance were granted contrary to the floodplain ordinance and the FEMA regulations, FEMA could impose provisionary penalties upon the Town including increased flood insurance premiums for all Town of Marana residents who purchase flood insurance. Mr. Reuwsaat stated that is accurate. Council Member Escobedo asked Mr. Cassidy if we were to move forward and accept Staff s recommendation and if the report was completed could it come before the Council once again. Mr. Cassidy stated many of the ordinances have a one year delay before a variance application can be re-filed. It would be a new application so a new fee would have to be paid. Mr. Brann stated the new fee ordinance sets the fee at $1,000.00 comparable to every other variance request throughout the Town Code. Mr. Brann stated the floodway is a definition by FEMA. The floodplain is the inundated area from 100 year or base flood. FEMA takes a calculation and looks at encroachment and as it pulls encroachment in it does it until it gets to a point where flood waters rise by one foot. At that point, what is left over is the floodway, so FEMA requirements already allow for encroachments within the floodplain just not into the floodway. The flat property that went before the Pima County Board of Supervisors today was .98 acres and it was paid out at $10,000 (unimproved property). In speaking with the Flood Control District about doing a swap for Mr. Burbage informally, they would do a swap, but it would have to be equitable from an appraisal standpoint. During that appraisal process Mr. Burbage would be allowed to submit his own appraisal as part of that negotiation. Mr. Brann stated he cannot agree with the three inches as evidenced by the slide shown. Based on the water staining it is over a block high. Mr. Brann stated our ordinance is stronger than FEMA requirements. Our Code simply states no building in the floodway. Mr. Burbage provided photos regarding where the water line was. Mr. Reuwsaat stated that he, Mr. DeGrood, and Mr. Brann will work with Mr. Burbage. Upon motion by Council Member Comerford, seconded by Council Member Blake, Floodplain Management Board unanimously denied variance for 14475 W. Imogene Place. Upon motion by Council Member McGorray, seconded by Council Member Escobedo, to move into executive session was unanimously approved. L. EXECUTIVE SESSIONS. 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. 10 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 21, 2006 Executive session pursuant to A.R.S. ~ 38-431.03(A)(3) for consultation with the Town Attorney concerning the anticipated effects of 2006 Proposition 207 and the legal issues relating to possible accelerated Planning Commission and Town Council meetings to consider enactment of various land use decisions before the effective date of Proposition 207, including without limitation possible enactment of down-zonings for Acacia Hills, Northgate and Foothills specific plans and the possible enactment of Land Development Code text amendments relating to the Bajada Environmental Resource Overlay District, commercial design standards, and reduced permitted land uses in Zones A through F by deletion of Land Development Code Section 05.03 (Significant Land Use Change) and corresponding definitions that allow as permitted uses existing land uses on adjacent properties. Council action, direction and possible public discussion following up on the Proposition 207 executive session item (above). 8:50 p.m. Council is back on dais. Mr. Cassidy addressed Council and stated that in light of proposition 207 that staff be authorized to go ahead on an accelerated basis to basically try to beat the effective date of 207 on some critically important Town issues listed in the agenda. Mr. Cassidy stated there was a question about the impact of Federal laws. We have proposition 207 in place. There is an exception under 207 for compliance with Federal laws. If a regulation is adopted to comply with Federal laws then it is not entitled to compensation under 207. We probably will not get that much help from the Federal regulations on environmental issues. Mr. Cassidy stated that what they plan to do is the items will hopefully be at a public hearing of the Planning Commission on December l lch and hopefully will be brought back to Counsel for public hearing on December 12cn Upon motion by Council Member McGorray, seconded by Council Member Escobedo, Council unanimously directed staff to publish notice and hold hearings. M. FUTURE AGENDA ITEMS N. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Council voted unanimously to adjourn. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 21, 2006. I further certify that a quorum was present. l/ lyn C. onson, Town Clerk 11