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HomeMy WebLinkAbout04/06/2004 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 I. II. III. IV. V. PLACE AND DATE Marana Town Hall, Apri16, 2004 CALL TO ORDER By Vice Mayor Kai at 7:00 p.m. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kai INVOCATION/MOMENT OF SILENCE Brad DeSpain delivered the invocation. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Excused Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Town Manager Present Jaret Barr Interim Development Services Admin. Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Attached is a list of public attendees. APPROVAL OF AGENDA Upon motion by Council Member Blake, seconded by Council Member Honea, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member McGorray, seconded by Council Member Blake, the minutes of the March 16, 2004 Council Meeting were unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Kevin Kish introduced a new employee in the Planning and Zoning department, Tim Bolton. The Town Council members all welcomed Mr. Bolton. Chief Vidaurri spoke before the Council regarding the 2nd Annual Team Roping Fundraiser for Special Olympics sponsored by the Marana Police Department (MPD) in conjunction with several other organizations. He introduced Officer John DeStefano, MPD coordinator and facilitator, who briefed the Council on the accomplishments of this event. Officer DeStefano reported that their fundraising efforts had already exceeded last year's amount and were in excess of $6,700 after all expenses were paid. He said that August 31St was the deadline and that MPD and the Town were listed on the Special Olympics of Arizona T-shirt being circulated throughout Arizona. Council Member Escobedo recognized Brad DeSpain for his efforts in assisting with the team roping fundraiser. He congratulated everyone on a job well done. Brad DeSpain reported the passing of Milton DeSpain on Sunday, April 4th, who was the father of former Mayor and Council Member Ted DeSpain. He said that funeral services were planned for Saturday, April 10th, in their hometown of Joseph City, Arizona. VIII. STAFF REPORTS Mike Reuwsaat announced that Leslie Liberti would be leaving the Town's employ soon to go to the Southwest Conservation Alliance. He added that Farhad Moghimi was also leaving the Town to go to the AMAC Engineering shop, which was working on the Twin Peaks Interchange project. He asked that the Council and public give these two employees a round of applause for their service to the Town over the years. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2004-37: Relating to Board, Committees and Commissions; Approving the Reappointments of Russell Dove and Steve Miklosi to the Marana Business Advisory Committee (Roy Cuaron) 2. Resolution No. 2004-39: Relating to Subdivisions; Approving the Sombra de Tecolate Final Plat (Kevin Kish) 2 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 3. Resolution No. 2004-40: Relating to Subdivisions; Approving a Final Plat for Gladden Farms Block 5 (Kevin Kish) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda as written was unanimously approved. B. COUNCIL ACTION 1. PUBLIC HEARING: Resolution No. 2004-38: Relating to Subdivisions; Approving the Continental Reserve Block 16A Preliminary (Kevin Kish) Kevin Kish presented this item before the Council and gave a brief outline of the proposed subdivision within the second phase of the Continental Reserve development. He said that the Plat was subject to the Marana South Transportation Benefit Area impact fee which would be collected at the time of the building permitting. He noted that the project met all of the requirements per the review and he recommended approval. Upon motion by Council Member Comerford, seconded by Council Member Escobedo, the public hearing was opened. There were no comments or questions regarding this item. Vice Mayor Kai closed the public hearing. Upon motion by Council Member Blake, seconded by Council Member Honea, Resolution No. 2004-38 was unanimously approved. 2. Ordinance No. 2004.01: Relating to Annexation; Extending and Increasing the Corporate Limits of the Town of Marana, Arizona, Pursuant to A.R.S. §9-471 by Annexing that Territory Known as Saguaro Ranch East (Dick Gear) Mr. Barr spoke before the Council about this proposed ordinance. He said that all notification requirements had been properly complied with for this annexation and that the annexation met the requirements set forth by State statutes. He noted that the proposed ordinance represented the final step of the annexation process and that the Town staff recommended approval. Upon motion by Council Member McGorray, seconded by Council Member Blake, Ordinance No. 2004.01 was unanimously approved. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 3. Resolution No. 2004-42: Relating to Development Agreements; Approving and Authorizing the Mayor to Execute a First Amendment to the Saguaro Ranch Pre-Annexation Development Agreement (Frank Cassidy) Mr. Cassidy presented this item before the Council and said that it related to an agreement affecting a portion of the Saguaro Ranch East Annexation area approved by the previous item. He said that the proposed resolution extended the extinct pre-annexation development agreement for Saguaro Ranch to the portions of the land just annexed that were owned by the Saguaro Ranch developer. He said that the resolution did not extend that development agreement to several private owners within the annexation area but that those private owners could chose to come into the area later under a separate agreement. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2004-42 was unanimously approved. 4. Resolution No. 2004-41: Relating to Development; Approving and A.~ Authorizing the Execution of an Amended and Restated Development Agreement with Best Associates II, LLC Regarding the Saguaro Springs Development Project (Frank Cassidy) Mr. DeGrood presented a brief outline of this item to the Council. He said that the original development agreement was entered into in 1998 and that several changes had been made with respect to the project, the surrounding infrastructure requirements, and Town policies toward development. He listed some of the differences between the original development agreement and the amended and restated development agreement which included roadway improvements, transportation impact fee increases related to the now-adopted Marana South Benefit Area, and drainage improvements not required as part of the original agreement. He added that a 10-acre school site and a park site would also be developed as part of this project. Upon motion by Council Member Escobedo, seconded by Council Member Honea, Resolution No. 2004-41 was approved 6-0. Council Member Comerford inquired about the project development being protected for 19 years and about the avigation easement required for the disclosure information regarding the Marana Northwest Regional Airport. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 Mr. Cassidy replied that the original development agreement granted development rights for a period of 25 years and that the amended and restated development agreement allowed for the balance of those years of protection. He added that a signed avigation easement would be obtained from each homebuyer. He said that the airport traffic information was included in the title report and in the public report that was given in the subdivision information. Council Member Comerford stated that, in mentioning this fact, she was attempting to protect the Town from future problems related to the airport and the cement conveyor belt operation. Mr. Reuwsaat stated that the notification for the conveyor belt was the same as the airport notification. Council Member Blake said that during the discussions with the developer that a condition had been indicated that disclosure statements regarding the cement conveyor belt and the airport traffic would be signed by the homeowner signifying that the homeowner was aware of these two situations. Vice Mayor Kai said that the Council was simply trying to insure that each potential homebuyer was fully aware of these two situations impacting the subdivision project. Pat Lopez, an attorney representing the developer, spoke before the Council regarding the two disclosure documents. He said that, with respect to the Arizona Portland Cement agreement, there were detailed requirements with regard to notice and recordation. He said that the avigation easement agreement had been received from Town staff and contained standard avigation easement language that had been required of other developments. He commented that the developer was complying with all of the Towri s requirements. Council Member Comerford said that she appreciated the comments by Mr. Lopez and the long negotiations that the developer had been subject to over the years but that she was still concerned about protecting the public. She said that she was somewhat uneasy with the documents required for signature by the homebuyer and that it was good that Arizona Portland `~" Cement (APC) was satisfied with the conveyor belt operation document. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 She noted that this had been a difficult negotiation but that residents would be lodging their complaints with the Town Hall and not the cement plant operation. Mr. Lopez responded by saying that, under Arizona law, every homebuyer was required to receive an Arizona Public Report and acknowledge receipt of the report which was required to include disclosure of all matters of public record which would include the avigation easement and the APC agreement. He said that a mechanism, namely the recordation of the disclosure documentation, was in place where the potential homebuyer was informed of any encumbrances on the property in question. He added that the law went a step further by requiring the notification of each homebuyer in the subdivision to receive the public report, acknowledge receipt of the public report, and to include the encumbrances in the public report. Council Member Blake commented that all of this information was true but that there was nothing in the laws that indicated that the homeowner had read and understood the avigation agreements or the APC agreement. Mr. Lopez attempted to ease the Council members concerns and said that the developer had met all the legal requirements. He suggested that, if the Council chose to take a position with every development that might be an issue of concern, an unwieldy system might be created. The Vice Mayor called for a vote and the vote was 6-0 with one abstention. Council Member Comerford abstained from the vote. Mr. Reuwsaat said that he appreciated the Council's valid concerns. He said that there may be residents in the future who would approach the Town Council and senior staff regarding these issues. He said that the Town staff was now alerted to the Council's concerns and may chose to reconsider the development requirements. 5. Resolution No. 2004-22: Relating to Water Service; Approving and Authorizing the Execution of an Amendment to the Agreement between the Town of Marana and Best Associates II, LLC, for Construction of Water Facilities and Provision of Water Utility Service for Saguaro Springs (Brad DeSpain) 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 Mr. Cassidy presented this item before the Council and said that this was a simple agreement. He noted that the only reason an agreement was required was because the standard agreement template stated that the developer, who was required to put in the water system equipment and pipes, only received reimbursement for the connections made during the period of the initial agreement and not for the extensions. He said that the new agreement allowed the developer to be reimbursed for the extension periods as well. Upon motion by Council Member McGorray, seconded by Council Member Honea, Resolution No. 2004-22 was unanimously approved. 6. Resolution No. 2004-15: Relating to Subdivisions; Approving the Saguaro Springs Final Plat (Kevin Kish) Mr. Kish presented this item to the Council. He outlined the project and said that, due to a significant change with the removal of a proposed golf course, the preliminary plat was amended and approved by the Town Council on May 1, 2001, with one condition. He said that the final plat ~~ being considered at this meeting reflected the changes necessitated by agreements with Arizona Portland Cement (APC) and the Town of Marana. He said that the school and park sites were relocated adjacent to each other in Block 5, and the streets and drainageways remained essentially the same with the exception of the expanded Block A. He explained that the streets were all to be public streets and would be dedicated to the Town for maintenance. Mr. Kish continued by stating that, as a condition of the rezoning, the project had a density or unit cap of 2,509. He related that the property was located within several zoning districts including R-6 (single family residential, minimum lot size 6,000 sq. ft.), MH (Manufactured Housing), R-36 (single family residential, minimum lot size 36,000 sq. ft., and C (Large Lot Zone) and that the project site was currently vacant farmland. He said that the MH district, as reflected in the development agreement considered and approved by the Council during a previous item, would be developed with single-family site-built housing per a commitment by the developer. He said that the drainage system had been widened and would implement a pedestrian pathway running through the entire community. He stated that the trail system had been designed to circulate throughout the project with approximately 5-6 miles of trails. He explained that there were several physical encumbrances associated with the property including the aviation issues, the APC conveyor system, and the El Paso Gas Line which bisected the property as well. He noted that two MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 conditions were included in the final plat request which dealt with archaeological issues and the requirement for comprehensive design guidelines to be in place prior to project production. He concluded by saying that approval of the final plat with conditions was recommended. Council Member Escobedo stated his concerns with the drainage under the APC roadway and asked how that would be secured in order to prevent flooding. Mr. Reuwsaat replied that this issue had been one of the significant areas of contention during the negotiations. He said that the drainageway design was finalized with Arizona Portland Cement's assistance and approval and that one-way gates were planned to keep children from entering the areas in question. Council Member Honea commented that the schools had been moved to the larger site of the development in order to alleviate the number of children entering the drainageway areas. ~~ Upon motion by Council Member Escobedo, seconded by Council Honea, Resolution No. 2004-15 with conditions was unanimously approved. 7. Resolution No. 2004-43: Relating to Roads; Approving and Authorizing the Mayor to Execute an Intergovernmental Agreement with Pima County for Design and Construction of Improvements to Cortaro Road (Frank Cassidy) Mr. Cassidy presented this item and explained that this was an intergovernmental agreement (IGA) with Pima County concerning the design and construction of improvements to Cortaro Road. He said that this IGA would provide the Town with $7M out of the $8.2M that was originally allocated to this project by the County as part of the 1997 Bond funding. He stated that the 1997 bond funds were for roadway improvements along Cortaro Road from the Union Pacific Railroad Crossing to Thornydale Road but that this was not enough money to complete the proposed improvements. He said that negotiations with the County had resulted in a commitment of $7M for the segment from the railroad tracks to Camino de Oeste and then transitioning down to the two- lane cross section of Star Grass Drive. He explained that the proposed -~-- resolution recognized that certain right-of-ways from adjacent property were required and that participation with the design costs were also needed g MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 from the adjacent property owner. He said that if a current rezoning effort of the Willow Ridge development was approved then the Town would be authorized to enter into the IGA but that the Town did not want to take on the financial obligation if the rezoning effort failed. Upon motion by Council Member Blake, seconded by Council Member McGorray, Resolution No. 2004-43 was unanimously approved. Mr. Reuwsaat commended Jaret Barr for his part in the negotiating process with Pima County. He said that he was also appreciative of Supervisor Sharon Bronson, County Administrator Chuck Huckleberry, and Deputy County Administrator Mike Hein for their support of this effort. 8. Presentation on Preliminary Infrastructure Requirements for Northern Marana (Jim DeGrood) Mr. Reuwsaat spoke before the Council regarding this item saying that it related to the extreme demands for growth in the northwest area. He pointed out that, due to the urgency of the development by the developers ~.. and by the Town and to insure that appropriate plans were made for the community in a manner that would befit the area over the next 15 to 20 years, Mr. DeGrood had been tasked to work on several community elements necessary in order to accomplish that goal. He said that Mr. DeGrood would present to the Council an explanation of those elements. Mr. DeGrood gave an in-depth presentation on preliminary infrastructure requirements for northern Marana. He said that within the area of northwest Marana there would be approximately 18,000 dwelling units constructed on the west side of I-10 and approximately 8,000 on the east side. He said that this figure was based on the Northwest Marana Area Plan and went beyond it as the plan did not consider the density to the west of Sanders Road. He said that with floodplain changes the area was now being sought after by developers and had the capability to be converted over to residential properties. A copy of this presentation was distributed to the Council members and has been made a permanent part of this record. 9 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 Mr. DeGrood listed the proposed roadway improvements planned for completion by 2010, by 2020, and by 2030, which all included four lane and two lane road improvements as well as interchange improvements. He remarked that the projected transportation infrastructure costs through 2030 were approximately $269M, breaking down to $10, 350 per unit for the estimated 26,000 dwellings. He noted that the costs projection did not include the cost of interim improvements such as minor widening, traffic signals, pavement strengthening, or any maintenance. Mr. DeGrood spoke about the projected parks and recreation facilities needs which were based on the National Parks and Recreation Standards that called for 6 acres of active recreation per 1,000 population. He said that, based on the future park needs on both sides of I-10, the projected park lands need was for an additional 378 acres with an estimated $68M in acquisition and improvement costs. Mr. Reuwsaat commented that most of the park sites marked on the presentation maps were sites that had been previously identified by the public. He noted that the projected plans differed slightly from the current Continental Ranch area park lands. He said that the projections were exemplifying a regional parks system that was well spaced and would create the ability to have all of the various types of amenities such as baseball, soccer, and swimming. Mr. DeGrood said that there were other areas that needed to be examined for this study. He listed those areas as the cost of general government capital expenses, drainage improvements needed in the northwest area, school needs, potable and non-potable water issues, and the Cortaro- Marana Irrigation District's conversion from a rural to an urban irrigation utility. Mr. Reuwsaat thanked Mr. DeGrood for his hard work on this project. He said that he was proud of the fact that the Town was being proactive on these issues. 10 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 9. Conservation Planning Process Update (Leslie Liberti) Leslie Liberti updated the Vice Mayor and Council on the Conservation Planning process. She distributed an informational handout which has been made a permanent part of this record. Ms. Liberti said that in December 2002, the Town elected to pursue a Habitat Conservation Plan (HCP) to evaluate the need for and, if appropriate, pursue an incidental take permit for endangered species at compliance. She said that this effort was supported in part by a grant from the U.S. Fish and Wildlife Service (FWS) in the amount of $207,000. She explained that the Towri s planning process was broken into three planning phases and the grant was intended to assist in the first two phases of that process. She noted that another grant from FWS for $110,000 was available for the completion of the HCP's third phase. She said that the receipt of the grant was formalized in an IGA between the Town and the U.S. Game & Fish department which specified the Towri s responsibilities in exchange for the grant monies. Ms. Liberti continued her update by outlining the elements of an HCP. She explained that the permit area for the Town was basically the jurisdictional boundaries with a slight area of flexibility for mitigation needs or cooperation with other agencies. She said that the permit length was 25 years which corresponded not only with the Towri s long range transportation plan but also with the projected 100% build-out with urban development. She listed the covered activities in general which were identified as CIP projects and urban development and the covered species list which included 16 species. She pointed out that four of those 16 species had been listed as high need species and included the pygmy-owl (endangered), the burrowing owl (candidate for listing), the Tucson shovel- nosed snake, and the ground snake. She related that the Town staff was currently working with the Technical Biology Team to evaluate the impact of proposed covered activities on target species and to develop the conservation strategies. She noted that this process would continue through June 2004. The Environmental Coordinator said that a final draft HCP would be brought before the Council in September 2004 with a decision regarding how to move forward. Mr. Reuwsaat commented that Ms. Liberti's update was extremely condensed from the detailed process that actually occurred and that he was very proud of her outstanding work on this project. He said that the 11 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 conservation strategies that were being looked at were not significantly cumbersome because of the work with the Technical Biology Team and Ms. Liberti. He noted that Ms. Liberti would be staying on through September 2004 as the lead consultant for this project and he asked that she introduce her replacement. Ms. Liberti introduced Tyler Jones, GIS Analyst, to the Council and praised him for his outstanding technical analysis since joining the staff in November 2003. 10. State Legislative Issues - Discussion/pirection/Action regarding all pending bills before the Legislature (Mike Reuwsaat) There was no report given at this time. C. MAYOR AND COUNCIL'S REPORT Council Member McGorray introduced Sergio and Shelly Martinez, the 4-H Leaders for Red Rock, Arizona. The Council Member reported that four Marana High School students from this area had placed high in the Swine Masters Group at the recently held 2004 Pima County Fair. She named the four students and their accomplishments as follows: Showmanship, Senior Division: Showmanship, Senior Division: Showmanship, Senior Division: Showmanship, Senior Novice Division: Justin Morgan, Grand Champion Jenny Morgan, Reserve Champion Kate Murphy, Third Place Mara Hovey, Grand Champion Council Member McGorray continued her report by saying that she had attended an event sponsored by the League of Women Voters at Sunnyside High School. She explained that the event was an opportunity for elected officials to interact with junior and senior girls in order to interest them in civic groups and the voting process. She said that it was a great exchange of information and a wonderful way to promote the notion that the female students could also aspire to be elected officials one day as well. 12 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 Vice Mayor Kai reported that he taken athree-day bus tour with the Central Arizona Project (CAP) Board members of the Yuma De-Salting Plant. He said that this was an important issue as the CAP was obligated to release 100,000 acre-feet of CAP water from Lake Mead during this time of water shortage to satisfy a Mexican obligation. He noted the CAP Board would like to re-open the Yuma De-Salting Plant to release more water to Mexico. He said that the group began the tour at Lake Havasu at the Metropolitan Water Pumping Plant that takes water to southern California. He reported that they also toured the Mark Wilmer Pumping Plant that brings water into the Marana area CAP canal. The Vice Mayor said that a bus took them to look at the Palo Verde Irrigation District in Blythe, California, stopping at the Cibola Wildlife Preserve and then down to the plant in Yuma, Arizona. He said the group then took a three hour drive to tour the Cienega del Santa Clara, which is a brackish water drainage area that all the CAP drainage water has been going down and supporting a lot of the endangered species. Vice Mayor Kai complimented the tour, saying that it was informative and that there had been a good representation involved. D. MANAGERS' REPORT Mr. Reuwsaat commented on the schedule for the next several months during the finalization of the budget and asked that the Council members work with Diane Mangialardi to work on establishing a meeting schedule for budget study sessions prior to the public hearing and final adoption of the new budget. He said that he would like the study sessions to begin April 27th. He reported that Council Member Escobedo and he were planning to attend a lunch meeting with Pinal County Supervisor Luiz regarding the future of La Osa, a proposed development at the County line between Pinal and Pima Counties. He said that the development size, timeline, and location would be the main topics discussed. He said that on Wednesday, April 7th, he and a representative from the Marana Police Department (MPD), along with Tony Casella, would meet with Pima County Administrator Chuck Huckleberry to discuss the regional communications systems. He reported that topics of discussion would be the Town of Marana's needs, which were fairly substantial, and where the Town would fit within the short and long term of the regional communications system planned for funding through the May 18th bond issue. 13 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 6, 2004 X. XI. The Town Manager reminded the Council members that Friday, April 9th, was the re-scheduled date for the Marana Municipal Complex Beam Topping Ceremony to be held at noon. He noted that lunch would be available at the construction site. He mentioned that he had recently met with Tucson City Manager Jim Keene regarding safety and liability issues relating to unlicensed scooters. He said that he suggested there be a joint effort between the City of Tucson and the Town in working on an ordinance dealing with these small mobile units. Mr. Reuwsaat commented that this was a timely issue that both jurisdictions were interested in resolving before serious repercussions occurred. FUTURE AGENDA ITEMS Council Member Escobedo asked that an item related to the Marana Teen Advisory Council be placed on the April 20th agenda. He reported that 1,600 students had been surveyed and that 90% had indicated their interest in participating. The Council Member asked that the Town Clerk draft a letter thanking Marana High School Principal Jan Truitt for her support of this effort. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Blake, approval to adjourn was unanimous. The time was 8:34 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 6, 2004. I further certify that a quorum was present. celyn onson, Town Clerk ee1~1111/~j~0 =`®~~~~~ounr~~~ ~' r-Or ~oRPOr~rF SEAL ~ .. '®~®~~~" 111~~ ~``~ 14 MARANA TOWN COUNCIL MEETING Public Attendees Address