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HomeMy WebLinkAbout02/06/2007 Regular Council Meeting Minutes MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6,2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 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 Present Present Present Present Present Present Excused 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 Excused Present Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. c. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member Allen, the agenda was unanimously approved. D. CALL TO THE PUBLIC Iles Winder addressed Council regarding his displeasure with the Cortaro Farms Road project. In particular, he is concerned that real estate is not moving in that area due to inaccessibility. He also expressed that there is a health and safety issue with the project and that the posted completion dates are erroneous. The new temporary access road for Cerius Stravnue is not workable. He stated police, fire, and ambulance access is badly restricted into Cortaro Ranch which is approximately 207 homes. He asked Council if the Town's cost higher because of the delays. Also, he wanted to know if anyone was aware that there was going to be another delay on Cerius Stravenue. Additionally, he wanted to know why Hunter was not working on weekends or nights. Mr. Reuwsaat stated he did write the questions down and that they would be back with Mr. Winder in this week. David Morales addressed Council and stated since he has been attending Council meetings that the Council action has very little agenda items. He referenced today there are eight 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6,2007 consent agenda items and for the Council action there are only four. Mr. Morales asked Council if there was a reason behind this. E. PRESENTATIONS ANNOUNCEMENTS/UPDATES 1. PGA Update - Stephen Nutt and Barbara Harris Mr. Reuwsaat addressed Council and stated the parking lot just offI-10 is 75 percent complete and should be complete by the end of this week. The Town will be providing shuttle service to the Heritage Highlands from Wednesday through Sunday. Most of the work on the interchange is now complete. Today was press day. They are working everyday to get the word out about the traffic situation to ensure easy and safe flow during that week. 2. Northwest Medical Center update - David Schultz Mr. Schultz, Administrator and Chief Operating Officer, Northwest Medical Center, addressed Council and stated they have put in escrow 58 acres at the comer of Moore Road and the frontage road to build in about a six to eight year time frame for Northwest Medical Center, Marana. He expressed his appreciation. He wanted to thank Forest City Land Group for helping with the project. He stated there was a news report from Triad Hospital (parent company) that they have decided to take the company private. All 53 hospitals will no longer be a publicly trade company which should be finalized in June. He wanted to assure Council that this will have no impact on the Marana hospital. 3. Introduction of new staff members Mr. Cassidy introduced new staff members. Laine Sklar is a 2006 law graduate. She started full-time in August and has been working part-time since January 2006. She was sworn in as an attorney in November, 2006. She is doing prosecution work. In addition, Cedric Hay who is a 2001 University of New Mexico law school graduate. For the last five years he has been with the Pima County Attorney's Office, most recently in the civil division, doing land use work. He graduated from the U of A in 1996. He will be assisting Mr. Cassidy. Mr. Cassidy stated they are trying to be able to cover one another's positions. Jane Fairall is now the Deputy Town Attorney. Cedric is the Senior Assistant Town Attorney and Laine is the Assistant Town Attorney. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Allen stated that he, the Mayor and Council Member Blake attended the VIPS (Volunteers in Policing) award presentation. He stated there are citizens in the community donating extreme amounts of hours, a couple of them over 500 hours. He wanted to express appreciation to the VIPS. Vice Mayor Kai stated he attended an event dinner for legislators and representatives. Mayor Honea stated he attended the VIPS dinner as well and looks forward to keeping the program going and increasing it if possible. Right now most of the individuals are out of 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6, 2007 Sunflower and Heritage Highlands, but there are some in the Dove Mountain and Continental Ranch area. These are individuals that go through classes to learn some police procedure. They don't carry a weapon. They do have a radio. We have an older squad car in both of the neighborhoods that they can use. They are acting as the eyes and ears of the community. He stated they saved the Town $142,000 last year. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Reuwsaat addressed Council and stated the bids for the Wheeler/Abbett junior library came in almost on target, only $16,000 above on a $4.3 million project. The County has asked that we consider finding $270,000 to match their $270,000 to build the 5,000 sq. ft. youth and children's wing on the library. Mr. Reuwsaat stated he would be bringing that to the next Council meeting for consideration. H. STAFF REPORTS Mr. Davidson addressed Council and stated the Tangerine interchange bridge painting, the installation of landscaping, decorative rock, boulders, and trees are completed. The saguaros will hopefully be planted this week. A ribbon cutting is scheduled for Tuesday, February 13th at 4:00 p.m. which is open to the public. It will be on the northeast side across from the railroad tracks. The Town received a neighborhood reinvestment grant from the County for the Marana Vista Estes neighborhood. The grant entails new street lighting, as well as sidewalks. The total grant amount is approximately $444,000. The Town will probably contribute a little bit more and will be coming back to Council for approval. They are approximately 50 percent complete with design. Design will be completed in March. There will be approximately a one month bid process, then construction with completion sometime this summer. The Town's GIS department (Geographical Information Systems) has been working the web site committee to develop a web-based mapping system. What that entails is anyone visiting the Town's website will be able to print all of our mapping capabilities. It should be available to the public in June, 2007. GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2007-12: Relating to Elections; approving and authorizing an intergovernmental agreement between the Town of Marana and Pima County Division of Elections for the provision of election services for the period January 1, 2007 through December 31, 2011 (Jocelyn Bronson) 2. Resolution No. 2007-13: Relating to Water; approving and authorizing the Mayor to execute an intergovernmental agreement for Northwest Water Providers Central Arizona Project Water System Cost Estimate Study (Cassidy/DeSpain) 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6, 2007 3. Resolution No. 2007-14: Relating to Water; approving and authorizing the Mayor to execute a Subcontract among the United States, the Central Arizona Water Conservation District, and the Town of Marana providing for water service (Cassidy/DeSpain) 4. Resolution No. 2007-15: Relating to Water; approving and authorizing the Mayor to execute a Third Amendment to Town of Marana Agreement for Construction of Water Facilities and Provision of Water Utility Service (Saguaro Springs) (Frank Cassidy) 5. Relatin2 to Personnel; approving and authorizing reclassifications of two current positions within the Water Department (Regina Fleming) 6. Resolution No. 2007-16: Relating to Streets; authorizing the naming of an unnamed easement along Camino de Manana to Desert Falcon Lane (Keith Brann) 7. Resolution No. 2007-17: Relating to the Police Department; approving and authorizing full execution of a Memorandum of Understanding with the Pima County Attorney's Office and the Town of Marana as a partner in the U.S. Department of Justice Office of Violence Against Women Rural Grant Application (Richard Vidaurri) 8. Minutes of the January 9, 2007 special meeting. Upon motion by Vice Mayor Kai, seconded by Council Member Allen, the consent agenda was approved 5-0 with Council Member Escobedo declaring a conflict of interest on item 4. J. COUNCIL ACTION 1. a. Resolution No. 2007-18: Relating to Town Facilities; approving and authorizing the Mayor to execute an agreement permitting the Gladden Farms Homeowners Association to use the Marana Heritage House (Ellis/Cassidy) Mr. Ellis addressed Council and stated since the renovation they have had difficulty opening the building on a regular basis. They have had the opportunity where Gladden Farms HOA will open their offices inside the Heritage House in coordination with the Parks staff to coordinate events and community happenings. The Gladden HOA will use two office spaces. We will share use in the front living room, restrooms and community room. The Marana Arts Council will continue to use their small office there and also work in coordination with the HOA and the Parks Department. The house will be open Monday through Friday from 9:00 a.m. to 3 :00 p.m. and be closed the regular Town holidays. Council Member Escobedo asked if it was a one year agreement or how long do they plan on staying there. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6,2007 Mr. Ellis stated that their need is for a temporary facility for about eighteen to twenty months until the commercial site in Gladden Farms is constructed and then they will move into the permanent office space there. Council Member Escobedo asked if Forest City was still in control ofthe HOA and Mr. Ellis stated that they were. Council Member Escobedo asked what the condition of the home is for the HOA offices that Gladden Farms has on Postvale and Moore. Mr. Ellis stated he believes that they are using that for office space for Forest Properties. Upon motion by Vice Mayor Kai, seconded by Council Member Comerford, Resolution No. 2007-18 was approved 5-1 with Council Member Escobedo opposmg. b. Resolution No. 2007-19: Relating to Parks and Recreation; approving and authorizing the Town Manager to execute all documents necessary to purchase and set up the Marana Heritage River Park train equipment; waiving bid procedures for acquisition of the equipment; and authorizing the use of uncommitted capital improvement program funding for this purpose; and declaring an emergency (Tom Ellis) Mr. Ellis addressed Council and stated they had presented the opportunity to purchase a 15 gauge model rail train that would run up one mile from the proposed site of the producer's cotton oil gin building to the agricultural basin and back. The cost of that train is $230,000. That is the train, the engine, the track, switch gear, storage containers, track working equipment. The business plan shows we will need about $63,000 to put the train up and in operation. The train is currently in Las Cruces, New Mexico. It has to be moved from Las Cruces to the Heritage Park. The operator of the train for the New Mexico farm and ranch museum will corne and work with Town staff to set the train up and get it into operation. Vice Mayor Kai asked if there were any hidden items to consider such as crossings, wash crossings, railroad cross arms and would this be designed so that it will be pretty much out ofthe way oftraffic. Mr. Ellis stated the rail will run along the base of the flood control structure around the Tangerine out fall at Gladden Farms Park so the grades are relatively slight, very little earth work needs to be done to ramp up and around the Tangerine structure. It will be out of the way. We've also set it out of the way so that future improvements to the park will not interfere with the train or its operations. The plan is once the train is at the park it should be up and in operation in about three months. Council Member Escobedo asked if would run along the Gladden Farms park. Mr. Ellis stated it would run along the back of it. Council Member Escobedo asked what the speed of the train is. Mr. Ellis stated the train, when it's operated, runs between four and five miles an hour. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6,2007 Council Member Allen asked if we did send something out for bid for something comparable, if there is any type of money savings we are looking at right now. Mr. Ellis stated he and Mr. DeGrood talked to several manufacturers and to get the track, an engine and a passenger car it would be at least $850,000. David Morales addressed Council and wanted to ask if this was going to go into an enterprise entity. He also asked ifthe Town could afford to spend $300,000 and stated the housing permits have dropped in half. Council Member Escobedo stated he felt this was a benefit to the community, especially with the building of the Heritage Park to provide amenities to the community. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Resolution No. 2007-19 was unanimously approved. 2. PUBLIC HEARING. Ordinance No. 2007.01: Relating to Development; approving and authorizing a minor general plan amendment and rezoning for 6055 N. Silverbell Road. (Kevin Kish) Mr. Kish addressed Council and stated due to ongoing discussions between the developer and Town staff regarding the number of buildable lots and the impact of Proposition 207, the project had been continued from December 19, 2006. The site is comprised of two adjacent parcels that form a triangle shape. The northwest portion of the property has mild slopping terrain and contains a wash which runs in a northeast direction. Silverbell Road L.L.C requests for approval of a change in the zoning on approximately 11.9 acres from the Rl 44 zoning districts to the R-36 which consists of a 36,000 minimum lot area. The site is generally located approximately a half mile north of Sunset Road on the west side of Silverbell Road and is bounded by R-36 to the south and to the northwest by a mix of single family homes. The applicant is also requesting for a minor amendment to the general plan. The subject property currently has a designation of IG (industrial general). However, development patterns in the area suggest that the residential is a more appropriate use for the site. The majority of the land in the area west of Silverbell is low density residential. The proposed R-36 zoning would be consistent with residential components found within the general area. Access to the proposed subdivided lots would be achieved through the construction of the new street directly off Silverbell Road. To protect and preserve the wash on the property and minimize the overall land disturbance, staff is requiring that the disturbance be limited to no more that 36 percent. There is no public sewer service within a reasonable distance. The site is being proposed to have individual septic systems subject to approval of the Pima County DEQ. In order to protect the Town against potential claims filed under the Arizona Property Rights Protection Act, the result of the change ofland use laws. The Town is requiring that a waiver be provided. There is a 15 day time limit with the waiver to present it to staff. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6,2007 Council Member Escobedo asked how the 36 percent land disturbance relates to the 17 percent that has already been disturbed. Mr. Kish stated in working with the developer where they can reclaim disturbed land with re-vegetation they will credit them some of that area. It is a cumulative value so they will not exceed the 36. Ifthey are not able to reclaim it, the 17 would corne off ofthe 36 percent. Upon motion by Vice Mayor Kai, seconded by Council Member Comerford, Ordinance No. 2007-01 with recommended conditions was unanimously approved. 3. PUBLIC HEARING. The Villa2es of Tortolita: Relating to Development; consideration of the Town of Marana's desire to annex approximately 440 acres within Pinal County that is a part of the proposed Villages of Tortolita project (Kevin Kish) Mr. Kish addressed Council and stated that staffhas filed a blank petition with the Pinal County Recorder's Office. This public hearing is mandated by State statute to be held within 30 days after such filing. The owners ofthe real property within the annexation have been notified of the hearing and have been given an opportunity to speak at the public hearing and the proposed annexation. Fred Barnett addressed Council and stated he is for annexation in Pinal County. However, there are some other issues on the plat specific plan regarding an easement that he has through some of that property. After speaking with Mr. Racy he believes the issue has been resolved. Mr. Barnett asked if there was a time line on when the project would begin. Mr. Reuwsaat stated the zoning is not complete until it comes to Council. The annexation will be complete after the appropriate amount of signatures is received and then comes back to Council for approval. 4. PUBLIC HEARING. Resolution No. 2007-20: Relating to Development; approving and authorizing a Conditional Use Permit for the Saguaro Ranch Horse Ranch on Appeal from the Planning & Zoning Commission (Kevin Kish) Mr. Kish addressed Council stated within the zoning RD-180 public stables and riding arenas lighted or unlighted may be permitted subject to the conditional use process. The Town recognizes that certain uses which may be appropriate in specific zoning districts, but which may have characteristics depending on the location design and standards of operation may have a greater impact than permitted uses on adjoining properties, businesses or residences. Such uses require more comprehensive review including the ability of the Town to establish specific conditions for the project in order to mitigate any potential impacts. The Planning Commission can evaluate only conditional uses listed and is empowered to grant with conditions or deny any application for the use permit. Such review 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6, 2007 by the commission is subject to findings and the application meeting requirements ofthe Land Development Code, Section 10.1 O. In this case, the Planning Commission approved the CUP application and there is an appeal procedure. Upon determination by the Planning Commission, an action of the Planning Commission may be appealed to the Town Council by the applicant, a member of the Town Council, the Town Manager or any property owner within 300 feet of the property subject to the request. The approval of this CUP was appealed by one ofthe adjacent property owners within the 300 feet. Under the consideration of appeal shall be made at a Public Hearing only after notice ofthe hearing has been placed. The Town Council shall act to affirm or reverse in whole or part or modify the commission's decision including adding to or denying or deleting conditions attached to the approval by the Commission. Any action to grant a conditional use permit either by affirmation, modification or reversal of the Commission's decision must include the required findings for use permits as provided in the section. In addition, there are revocation provisions in the Title-l 0 that failure to comply with the conditions, stipulations or terms of the approval of the conditional use permit is a violation of this Code and will be enforced as such. Repeated offenses shall be cause for the revoking of the permit. A use permit granted pursuant to the provisions of this section shall run with the land and continue to be valid regardless of the ownership of the property or structure so long as it operates within the conditions, stipulations and terms of this permit. The original submittal was provided to the Town July 2,2004. The Saguaro Ranch Development Corporation is requesting approval of a conditional use permit to allow for two riding arenas in conjunction with a proposed private horse ranch to be built on part of the Saguaro Ranch gated community. The horse ranch is proposed to be located on 20-1/2 acres, lots 2-31 which is currently under review. The site is located approximately % mile north of Moore Road between Thomydale, Old Ranch House Road and the Blue Teal alignment. The property to the south and west are within the Town and currently zoned RD- 180, as well. There is a town line there that borders the property to the east and the northerly tail of this proposed project area to the north and the county zoning designation is RH or rural homestead. Conceptual site plan has met the setback requirements for the permit structures, as well as the 100 foot setback for the arenas as required in our land development code. This use would be considered a community stable in the county code and would be allowed within the RH without a conditional use permit on properties often acres or greater. The total number of horses or cattle out of facility will be restricted based on the land development Code Title-8. The architecture of the facilities must adhere to the regulations found in the Saguaro Ranch CC&Rs and design review covenant which emphasizes traditional rural Arizona buildings. The intent is for the architecture to be recessive, to blend in with the natural environment. The horse ranch will be developed in accordance with the grading restrictions placed on the Saguaro Ranch development. The maximum amount of disturbance is 20 percent for the entire Saguaro Ranch MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6, 2007 allowable graded area for the overall Saguaro Ranch project. Overall staff and the Planning Committee have found that this proposal is consistent with the intent of the general plan and meets the requirements and intent of the conditional use permit criteria, therefore we are recommending along with the Planning Commission approval based on the recommended findings of fact found in section 10.10-D ofthe Land Development Code and subject to 12 recommended conditions of approval. Mr. Cassidy stated the way the additional access provision reads is it would prohibit access for purposes of the horse ranch through any entrance except for the main entrance. Also, the acronym CAFO stands for concentrated animal feed lot operations. Dawn Arnold addressed Council and stated she is opposed to the Planning Commission's approval of the conditional use permit for the proposed horse facility. Ms. Arnold stated the welfare and safety of the community will be at risk if you allow this horse facility to be built. She stated that 95 percent of the riparian areas in the state have already been lost. This is an area that has been determined to be a biologically sensitive habitat not only by Pima County, but also by the State of Arizona. The wash that runs through this facility has been determined to be the last unchannelized wash in the Tortolita fan. Foot traffic from live stock, cemented stable floors, parking areas and other structures will have devastating effects on this wash forever. She stated there are no other horse facilities in Pima County that can be compared to this proposed facility. Wherever this facility is located it should be a non- smoking facility with fire hydrants surrounding it on all four sides. Trucks, truck drivers, stored hay, smokers on moving horses, these will all greatly increase the risk of fire danger in the area. This horse ranch needs to be moved away from the current neighbors and into the center of the subdivision where its residents can bear the consequences. It also needs to have far few animals. Please do not allow the conditional use permit to stand. It is not worth the negative long term effects on this riparian area. Dorita Brady addressed Council and referenced a letter that a neighbor, Tom Schramski sent Council on January 29. In his letter, as so many of the neighbors strongly suggest that you reject this proposal of where the horse facility would be for a number of reasons. She refers to the letter stating that the hearing in December seemed to be very one sided, that the community members that were there including a legal representative who was present to try to answer some of the questions was not fully considered and questions were not asked of the representative ofthe neighborhood. While on the other hand, the Saguaro Ranch representative was allowed to introduce new information and in fact, was able to rebut some of the information, but the community representative was not. She stated referring to the letter they are rejecting P & Z's decision in December, that there were mis-statements made by Saguaro Ranch representative, Mr. Racy. There were reports, they feel, that were not valid in the information that he 9 MINUTES OF REGULAR COUNCIL MEETING MARAN A MUNICIPAL COMPLEX DATE: February 6,2007 presented to the Planning and Zoning in December. She asked, does a decision have to be made that impacts the neighborhood in a negative way. Tim Blowers addressed Council and stated he was speaking on behalf of himself and the Tortolita Mountain Homeowners Association of which he has been a member since about 1990. He has lived in the area since 1982. He is a land investor. He stated there would be no prudent land buyer that would ever look at a property next to a facility like this and not wonder if that facility would cause a lot of problems. This will grossly devalue the facility. He stated if Council were to vote on this it would be the first in Pima County. He stated ifthere were only 48 animals going to be there and if there were to be no cattle there overnight that they probably wouldn't be there. The fact of the matter is if it gets to be 120 animals there that they are going to lose on their property values and that would mandate a no vote. He also stated he is objecting to Mr. Racy representing them. Larry Wheeler addressed Council and stated he lives on the southeast comer of this horse project. He addressed that the prevailing winds being from west to east is a joke that ten months of the year the weather all comes from the northwest to the southeast. The neighborhood association hired Herbert Havins, who is an appraiser, to look into this as far as property values are concerned. Mr. Wheeler read a correspondence from Mr. Havins. Mr. Wheeler stated that Mr. Racy stated that Mr. James Schwebel, an adjacent land owner, approved ofthe proposed facility, this was not true. In a recent e-mail Mr. Schweble indicated that this was not the case. In 2004, Mr. Schweble signed a petition in opposition. Mr. Schweble is the property just north of Mr. Wheeler. Mr. Wheeler indicated that Mr. Racy stated that recent Pima County reports supported the proposed facility. That report does not support or oppose the facility, but raises concerns about building in a riparian area. Mr. Racy shared an aerial photograph above the horse facility, the late Denny Willingham, claiming it was evidence of toleration of our neighborhood of poor horse facility practice including manure management. Contrary to Mr. Racy's statements, many of the neighbors had complained to Mr. Willingham and ultimately Pima County. Over time, Mr. Willingham severely cut back his horse population, improved his animal care practices before he passed away last year. Mr. Racy shared another photograph of the neighborhood without identifying the location and again claimed tolerance of the neighborhood of poor horse management practices. The photograph showed one horse on a four acre property with no accumulation of manure or other evidence of poor equine practice. Overall it is our belief that the representative was allowed to denigrate the neighborhood without evidence by implying we were incapable or unwilling to manage horse properties. Mr. Racy admitted that we worked together on a neighborhood watch program, cooperatively paved a road, and reduced dust pollution at our own expense and actively contributed to a variety of neighborhood improvements. Eric Lancaster addressed Council and stated he was invited to the property by the developers concerning odor. He deals with an organic product that was used 10 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6, 2007 extensively in the Tsunami for odor control. The main issue was to deal with concerns for odors and flies. He stated on behalf of the developers that they were concerned with dealing with odors and odor complaints by using their product. Theresa Chamberlin addressed Council and stated she is a property owner of 20 acres. The property is located on the north side of the Saguaro Ranch tunnel. She stated she is in opposition of the implication that simply due to a developer's personal limitations of having decided there is no better place within the 1000 plus acres he owns to place his private community's equestrian center other than this particular location should be reason enough to justify this as being a legitimate reason for doing so. During the planning and zoning meeting in December, SR representatives went on record stating all access for this facility would be completely through their tunnel. Based on the concern from the public regarding SR access for this facility through neighboring community roads the commission agreed that if the request was granted that this stipulation would be made a condition which should read something to the effect that all access for this facility would be strictly through the tunnel. She stated she would like to address the importance that stipulation be that way that all access for this facility be through the tunnel, clearly. As communities like hers would never survive the burden of having any level of this facility's access placed through the narrow dirt roads that serves her property and that the SR development already dominates and uses at their discretion currently. While the main focus ofthis request surrounds the currently proposed location ofthis facility. It cannot be over looked that if this facility is approved the services it will provide, as she understands, includes a trail system within the SR development, as well as outside equestrian access beyond its boundaries. She stated she has heard that these trials are within close proximity to many properties outside the SR community which creates enormous concerns for the lack of fire protection in the outlaying communities. Unlike SR who has fire hydrants and clear access, they do not have either. Additionally, she does not understand where their equestrian trails will be located or how close they might be to her property. Without all the facts being available to the public she is unsure of how the Council is expected to fully understand how an approval will be implemented. She asked if there is a map identifying the equestrian trail system in an effort to fully inform the public or affected properties. It is not necessarily her position that SR not be granted an equestrian facility. However, if it were to be granted then based on the fact that it is nothing more than a luxury amenity for an exclusive private community for private gain offering no benefit to the public then it should be the sole burden and responsibility of that private community. She stated she urges Council to consider the importance that all equestrian access be through the Saguaro Ranch tunnel only be made a condition, as well as a map ofthe trial system through the SR community provided to the community to view prior to approval so that any affected properties can better understand where these trails are to be located and if these trails are within close proximity to outlying properties and homes and what if any concerns they might represent. It seems 11 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6,2007 premature to approve such a request before all the information has been given especially when you consider these trails are going to accommodate potentially 75 horses a day. Michael Racy addressed Council on behalf of Saguaro Ranch. Jim Tress from Westland Engineering will discuss Mr. Havins' letter and the inaccuracies in that letter and Steve Cole from Southwest Appraisal will discuss both the prior and the current appraisal which has come to similar conclusions. He stated SR is a 1000 acre project with an equestrian facility located within it. He stated SR on its east is bordered by unregulated wildcat subdivision areas with one small area recently accessed by a paved road, but generally dirt roads, drive through washes being served by exempt wells without any of the regulatory framework that SR has had to go through as part of a formal subdivision, under grounding power lines, providing municipal water service, providing on-site waste management system in each lot that doesn't discharge any pollutants into the aquifer and provides for no more than 20 percent disturbance on the entire project. He stated there is study after study talking about the tax burden created by lot split activity and the lack of infrastructure and therefore access valuation that accompanies that kind of development and that kind of growth. He referenced the location of the photo he presented. The identification of it is on the west side of Teal Blue the pictures were taken from a car on Teal Blue and there is a very significant amount of manure in that location. He stated it was there when he visited the site two months ago, two years ago and two and a half years ago. He stated the Pima County letter speaks for itself. Mr. Schweble's comments are quoted in Mr. Cole's report. Mayor Honea stated there were CDs from Ms. Cummings that will be entered into record which are photos of her house and her location to the facility. Jim Tress, Westland Resources, addressed Council and stated he had the opportunity to review the letter from Mr. Havins. Mr. Havins refers to the drainage way that is south of this property. It is an intermittent stream. According to the Army Corp of Engineers and EPA definitions, it's in a femoral wash. It is not intermittent. There is a big difference in terms of resource value. The CAFO regulations can be very complicated. Whether an operation is or is not a CAFO is dependant on the number of animals that are housed and maintained at that facility and by any of the definitions used in those regulations this facility does not have that number of animals. 120 animals proposed is far less than any of the defined CAFO categories. Mr. Havins points out that the final determination of whether a facility is a CAFO or not has to be made on a case by case basis regardless of the number of animals and that is not a correct statement. The final determination is to be made by the director of AD EQ regardless of size of the operation is relevant to CAFO designations referenced in a specific portion of the regulations. In that portion it states that the director shall not designate an animal feeding operation having less than the number of animals established in the regulations unless a pollutant is discharged in one of two conditions. A pollutant would be discharged into navigable water through a man-made ditch flushing system or other similar device. Conceptual plans prepared to date do not have that 12 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6, 2007 kind of a facility or that kind of structure associated with them. It would require the director's inspection and determination if a pollutant was discharged directly into navigable water that originates outside of, passes over, across, or through the animal feeding operation. That situation does not exist on this property. The purpose of the CAFO regulations is to protect water quality. If approved it goes to design. One ofthose conditions, specifically, the one about a manmade discharge is established then SR would be obligated to communicate with the director, have him make a determination and ifhe made that determination, to file notice of intent 180 days prior to the start of the actual animal operation. At that point, they would have to comply with all the best management practices that they're currently incorporating into their plan now. The facility is not a CAFO. Council Member Escobedo asked Mr. Tress to provide the background for Westland Resources and his expertise in the field. Mr. Tress stated Westland Resources is an engineering and environmental consulting firm. They have been in business in Pima County for 10 years. A portion of their environmental practice includes compliance and assisting clients with compliance with the Arizona pollutant discharge elimination system program for construction sites, mine sites and other facilities. They are familiar with these regulations and have been working with SR from an environmental planning prospective nearly from its inception. Steve Cole, real estate appraiser, addressed Council and stated he holds the MAl designation and is a member ofthe Appraisal Institute. He has been a practicing appraiser in Tucson since 1975. His company is called Southwest Appraisal Associates. He is a former instructor of the Appraisal Institute, U of A, Pima College, and the Hogan School of Real Estate. He was asked by Saguaro Ranch in 2004 to look at the question of would the proposed horse ranch cause an adverse impact on value of adjacent property. He submitted a report which was delivered to the planning commission December 20th. He updated that opinion as of January 29,2007. He gathered new information. It has been his earnest, unbiased and most professional effort to provide an opinion as to what the likely effects are on value of this facility. It is an 80- page report. He has shown six different subdivisions both areas within subdivisions and outside that show that there is no adverse impact from equestrian facilities on adjacent lots within the subdivision or on adjacent properties outside ofthe subdivisions which is a concern that Mr. Havins brought up in the December 20th hearing. Council Member Escobedo asked prior to Saguaro Ranch, what was the value of the homes in the area. Mr. Cole stated in his appraisal he concentrated on land values because it is easier to reflect changes in value over time for vacant lots since lots typically don't change whereas houses can be upgraded, modernized. One of the sections in the current report indicates that a lot adjacent to Saguaro Ranch on the east side was purchased for $109,900 in 2003 and two years later, September 2005, was sold for 13 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6,2007 approximately $310,000. Lots in this area typically run in the mid-300s. In Saguaro Ranch the sales are typically almost a million dollars and as high as $1,800,000. They are now asking a $1,440,000 to start and that is vacant land. He did a study that is contained in the report that shows land sales in the immediate area where the neighbors are concerned and compares it to appreciation oflots just to the east and south and he found no difference in the appreciation rates, about 40 percent a year from 2003 to 2005. Mayor Honea asked when the appraisals were done of the properties, was the fact that a horse facility was there included, and did that have an impact. Mr. Cole stated he looked at five other areas that have horse facilities. The closest one was Tortolita Mountain Ranch to the east of Saguaro Ranch. That has about 30 to 40 horses. It could have up to 88 horses by RH zoning in Pima County. One lot which was purchased in 1994, almost ten acres purchased for just under $9,000 an acre. They have kept five acres and split off 4.1 acres. This is adjacent to Tortolita Mountain Ranch and they are now asking $565,000 for that four acre vacant site. On many of the listings and sales, the real estate agents boast of their property to the east where the neighbors are of their proximity to Saguaro Ranch and that also is provided as an addendum to the appraisal. Council Member Escobedo wanted to give the residents to the east of this property an opportunity to dispute the value of their property prior to Saguaro Ranch. Tim Blowers stated that the properties went up in value all over Arizona. When Saguaro Ranch went in next door all of a sudden there were a lot less properties on the market. He stated there is a property adjacent to him asking $600,000. They've had virtually no one looking at it. He referred to one sale does not make a compo What is most noticeable is talking about 30 to 40 horses and ifthey were talking about 30 horses on this site, and if 30 horses were granted on this site, then he stated he wouldn't feel his property value would drop. He stated there is no comparables and that nothing like this has been granted in Pima County. Larry Wheeler stated he wanted to dispute a couple of things Mr. Racy said. When he spoke about the U of A facility on Campbell they were talking about the problems they had. It wasn't an example of how it should be done. He stated the only argument they have is where they're putting the horse facility and that they are putting it in his backyard. He stated that the values of the properties around this project will probable go up just not the ones right next to the horse facility. Council Member Escobedo asked because the number of horses is a considerable amount, would the applicant be open to a lesser number on the property and they can determine what that is. Michael Racy addressed Council and stated the number of animals has always been driven by the Code. It's always been uncertain what the demand will be. He 14 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6,2007 stated they've complied with every provision of the Code. He stated they have more lots and more homes surrounding this facility on three sides than anyone else. They want to be good neighbors. They want to resolve the issue and move forward. Mayor Honea stated he thought Mr. Blowers had talked about forty and the application was for 125 and suggested something like 85 and asked if that would be acceptable to the applicant. Mr. Racy stated that takes it down below what they could do in a private stable on this size acreage, and by rights all the neighbors can have, and they can have throughout all the 189 lots in Saguaro Ranch, would be 17 animals per lot. He stated managing it this way would have far less impact. He stated ifthat's what it took to get it done. They want to be good neighbors and they want to get it done. Mayor Honea asked about where on the site the manure bins would be located. Mr. Racy stated he heard from some of the neighbors about that. There is a site plan that showed it next to a parking lot. They would be amenable that any manure storage is in the western half of the equestrian facility that is removed from the neighbor side and put on their side. They will be hauling every two days. It will be in sealed metal containers. Mayor Honea asked if it was correct that the outdoor arena will have no lights and no activities there between dusk and dawn. Mr. Racy stated this is a daytime, dusk to dawn facility. The arena is not lighted. Council Member Escobedo asked how many of the property owners in this area own horses. Dawn Arnold stated they do not own horses, except Teresa Chamberlin's family. The reason they couldn't have 17 horses per household in Saguaro Ranch is because it is extremely mountainous. She stated there is a flat land to the north side in their section 3B of their facility that has been previously grazed and quite flat and would be a great place away from the neighbors where the facility could be located. Council Member Allen stated were they talking about 120 head of livestock or specifically 120 horses. Mr. Racy stated that is the total number oflarge animals, primarily horses with a few roping cattle. Upon motion by Council Member Comerford, seconded by Council Member Escobedo, Resolution No. 2007-20 with changes to 85 animals, included in the recommended conditions as well as access through the tunnel only was approved 5-1 with Vice Mayor Kai opposing. 15 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: February 6, 2007 K. ITEMS FOR DISCUSSION/POSSIBLE ACTION State Legislative Issues: Discussion/Direction/Action regarding legislation and all pending bills before the Legislature. This item will appear on each agenda while the Legislature is in session. (Mike Reuwsaat) No update. L. BOARDS COMMISSIONS AND COMMITTEES M. EXECUTIVE SESSIONS. Executive session pursuant to A.R.S. § 38-431.03(A)(3), (4) and (6) for legal advice with the Town Attorney concerning water rights issues and to consult with and instruct the Town Attorney and the Town Manager on the Town's position regarding various pending contract and property acquisition negotiations with the goal of securing additional Town water resources. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, to convene to executive session was unanimously approved. Mr. Cassidy stated in executive session staff presented two different water resource acquisition negotiation requests for authorization to proceed. Authorization is requested to proceed with those two separate negotiations as discussed in executive session. Upon motion by Council Member Comerford, seconded by Council Member Blake, two separate negotiations as discussed in executive session were unanimously approved. N. FUTURE AGENDA ITEMS O. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Comerford, 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 February 6, 2007. I further certify that a quorum was present. o lyn C. Br son, Town Clerk 16