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HomeMy WebLinkAbout04/03/2007 Regular Council Meeting Minutes MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 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 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 Mayor Honea. c. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member Allen, amend agenda to remove item number two from the Consent Agenda to the first item on Council Action was unanimously approved. D. CALL TO THE PUBLIC Pastor Dave Hedgepeth, Community Christian Church of Marana, addressed Council and announced their Easter services this Sunday. There is an 8:00 a.m. traditional service and 10:30 a.m. contemporary service and in between services is an Easter breakfast with an egg hunt. E. PRESENTATIONS PRESENT A TIONS - 2007 Citizen Survey (Mike Reuwsaat) Mr. Reuwsaat addressed Council and stated last year during the budget process they talked about the need to begin reaching out to the public in a number of ways. They have done that through the establishment of five new commissions, the quarterly newsletter and annual reports. One of the other ways was to begin a survey process of the community on an annual basis to look at what we are doing and what the priorities were. 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 They are now finishing the process of developing the first survey that will be implemented in the next couple months. The first survey this year will deal with our vision, core values, and purpose that was established three years ago. They are asking the public to look at that and see if the core values are similar to what the public's core values are. When the information is received back and in the study session in August or September they will take the input from the survey and revise. The survey will ask citizens to tell us what their perceptions are on how we are delivering services, such as parks, police, development services, special events, elections, and roads and transportation. This will be done every other year. In off years they will use the survey process to deal with issues such as water, conservation, and growth issues. This information will help develop specific performance measurements by department down to the individual. In 2000, our population was 13,500 and we've added over 17,000 since that time. It will be interesting to see what the make up of the community is in terms of household size, age, and ethnicity. This will be information we normally do not receive except for a ten year census basis. It will help in developing policies for growth and program delivery. The Sable Group is working with us on a draft of the survey and will be presented to Council within the next few weeks. The survey will be sent to every household in Marana. ANNOUNCEMENTS INTRODUCTIONS PROCLAMATIONS/UPDATES F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray reported Mayor and Council went to Saguaro Ranch on Sunday for an art auction. This was a Marana Arts Council event and will continue on a yearly basis. Mayor Honea reported on Saguaro Ranch and how they are very respectful of the land. He stated he believes they are opening on April16th. The restaurant's name is McClintock's. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Reuwsaat stated he enjoyed his trip to New York City. H. STAFF REPORTS Mr. Davidson addressed Council and stated he has a follow up on the design concept report for the Ina Road project, the design elements from I-to and Ina Road to the eastern Town limits. It will take probably about a year to complete the study. There will be a number of components for public involvement. He will provide the public information dates in the future. Mr. DeGrood stated last week was the roll out of the Tucson Regional Economic Opportunities Economic Blueprint for the region. They identified five major areas that they 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 are going to focus on. As part of their action plan they announced they will be doing the Marana economic blueprint as one of the first products they will be working on. Mayor Honea stated he went to the TREO event and emphasized that Marana is going to be the first phase of trying to bring business and industry into the community. GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2007-47: Relating to Community Development; approving and authorizing the reallocation of existing affordable housing funding from the Employer Assisted Housing Program to hire consultants to facilitate the master planning process for the Honea Heights Neighborhood Redevelopment Project (T. Van Hook) 2. ResolutioD No. 2007 48: RelatiDg to Parks & Reereatioll; establishiDg reD tal fees aDd agreemeDt for public use of the TowD of MarsDa Parks aDd Reereatioll mobile stage (Tom Ellis) 3. Resolution No. 2007-49: Relating to Real Estate; authorizing the acquisition by negotiation or condemnation of property rights as needed for the Silverbell Road Water Improvement Project (Frank Cassidy) 4. Resolution No. 2007-50: Relating to Administration; approving and authorizing the renewal of an intergovernmental agreement with Pima County for payment of housing municipal prisoners (Jocelyn Bronson) 5. Resolution No. 2007-51: Relating to Water; approving and authorizing the Mayor to execute a Water Services Consulting Agreement with Southwest Desert Water Solutions, Inc., to assist the Town in acquiring needed water resources (Frank Cassidy) 6. Resolution No. 2007-52: Relating to Town Facilities; requesting bids from the public for the purchase and removal of modular buildings previously used by the Marana Police Department, presently not in use, and being stored at a continuing cost to the Town (Frank Cassidy) Upon motion by Council Member Comerford, seconded by Vice Mayor Kai, amend Consent Agenda to remove item number two was unanimously approved. J. COUNCIL ACTION Resolution No. 2007-48: Relating to Parks & Recreation; establishing rental fees and agreement for public use of the Town of Marana Parks and Recreation mobile stage (Tom Ellis) 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 Mr. Ellis addressed Council and stated in 2002 the Town purchased a mobile stage at the approximately cost of $85,000 and the stage was purchased to use for the Town's special events and also as a promotion of the Town. The stage bears the Town logos prominently. They are up to about 12 events outside of the Town generally requested from either Pima County of City of Tucson. They are requesting a resolution that the stage be brought back and used within the Town limits and the fee schedule is put into effect for anyone wanting to us the stage other than our partners at the Marana Unified School District or others working with the Town on events that the Town is sponsoring. Last fiscal year they spent over 200 personnel hours moving the stage in and out of town. During the time usually on the weekend when they have to take the stage in or out the parks are left unattended because that is the personnel that is used to bring the stage back in. He stated their intent has been to honor any commitment they have made. Once those commitments run out then they would honor the resolution. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Resolution No. 2007-48 was unanimously approved. 1. Resolution No. 2007-53: Relating to Community Development; approving and authorizing the granting of discretionary funding in the form of entertainment credits to the Marana High School Students Together Against Narcotics and Drinking, a student-run grassroots organization, to support "The After Party" event to keep Marana youth from harm after the 2007 prom (T. Van Hook) Ms. Van Hook addressed Council and introduced David Aquino, President of the Students Together Against Narcotics and Drinking at Marana High School. Mr. Aquino addressed Council and stated STAND's mission is to change the culture that surrounds students' drinking and drugs in the Marana Community. The after party was conceived because students wished to continue to socialize after the prom event and they wanted to provide a safe and fun environment for them to do so. He introduced STAND's new logo. He showed a short video. Council Member Comerford commented on the after party and how it is well attended, well supervised and the students act responsible and have a great time. Upon motion by Council Member Comerford, seconded by Council Member Escobedo, Resolution No. 2007-53 was unanimously approved. 2. Resolution No. 2007-54: Relating to Public Works; approving the design and construction of public art as part of the Cortaro Farms Road, UPRR to Star Grass Drive Project, CIP Project 99-076 (Gilbert Davidson/Morris Reyna) 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 Mr. Davidson addressed Council and stated Morris Reyna and the artist was present to present the final design concept for the Cortaro Farms Road project. Mr. Reyna addressed Council and stated the artist, Nina Aberlee, and Stephen Grede have worked hard to realize the vision that represents the community, its values, history, and cultural heritage. Mr. Grede stated there are three pieces of wall that when viewed together form one cohesive mural. The material will be majolica painted tile. This will be at almost the railroad tracks along Cortaro Road on the east side of 1-10. They are representing the railroad in its importance from a historical standpoint. The center panel depicts the cotton farming, an actual image, a tractor that actually did function on site, from the 1930's on Cortaro Farms. The right is a subtle depiction of the dairy that was there for decades which existed exactly in that location. The images on top of the three walls are cut metal and they further depict elements associated with each one. The bell is from the train that is downtown. The wheel is off a tractor and the milk can represents the dairy. Vice Mayor Kai asked with the painted tile if it was defaced could it be easily cleaned. Mr. Reyna stated the tile is a glazed surface and so it cleans very easily. The other elements would be a stucco surface that is painted. Upon motion by Council Member McGorray, seconded by Council Member Blake Resolution No. 2007-54 was unanimously approved. 3. PUBLIC HEARING. Ordinance No. 2007.09: Relating to Development; approving and authorizing a rezoning to create The Villages of Tortolita Specific Plan (Kevin Kish) Vice Mayor Kai declared a conflict of interest and left the dais. Mr. Kish addressed Council and stated the Villages ofTortolita is approximately a 1780 acre project located on the northeast side of I-I 0 north of Maran a Road. It also encroaches 440 acres into Pinal County. The annexation was adopted March 20th. There are five different land use designations. The medium low residential, medium density residential which consists of attached 3500 sq. ft. minimum lots with a maximum of 800 dwelling units less than the 4,000 minimum lot standard within the MDR. The medium high residential where there is opportunity for some single family detached that could be on lots as small as 2500 sq. ft. The attached product within that district would not have a minimum lot area. In the mixed use there is a variety of commercial uses and some second story residential use. On the west side ofthe project between the railroad and the freeway would be the industrial use. The Villages of Tortolita will be accessed off of Tortolita Boulevard, a proposed interchange and connecting bridge over the adjacent Union Pacific Railroad located between Marana Road and Pinal Park interchange. Access to the industrial property would be via the existing 1-10 frontage road. The 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 Tortolita Boulevard will connect to Tortolita Mountain Parkway. Currently the plans for the Tortolita Boulevard interchange are at 95 percent. The condition as part of this project is no occupancy of any buildings will be issued until the interchange is fully operational. The master drainage report for the entire area will be submitted with the first preliminary plat or a development plan. The report will need to be reviewed and accepted by the Town prior to Council approval ofthe first plan or plat being proposed. Cortaro and Marana irrigation district will be given a copy of the master drainage report for their review and comments. The developer must prepare a water master plan for the property. Marana Municipal Water Company is the intended provider of water services and they will be providing both potable and non-potable service. The project could generate as many as 6500 school age children. The developer has agreed to the voluntary residential contribution to mitigate this and in addition they have also identified two school sites, one within the Red Rock School District and another one within the Marana School District. The exact location, size and dedication of these sites will be determined through an agreement with the school districts at a later time. The development regulations provide for regulatory requirements. The medium low density residential district is proposed to adhere to the required residential design standards that the Town Council adopted on September 19,2005. While the other districts have some modified proposals in them to accommodate some of the smaller and different type products the Town hasn't seen at this time. Council Member Allen asked regarding the 6500 school aged children, has there been any contingency made for a high school in the area. Mr. Kish stated the sites offered have not been determined ifthey are elementary, middle school or high school sites. As they go through their negotiations the school districts will identify what sites they need. Council Member Escobedo stated he wanted to know if applicant is open to condition where any requests for properties under 3500 sq. ft. goes to the Commission for approval and back to Council. Sydney Smith, General Manager for Cortaro/Marana Irrigation District, addressed Council and stated the large majority of landowners do have some concerns knowing that this is out of the CMID boundary that they don't have much say so in what happens to development on the east side. When there is development on the east side it creates a lot of water and flooding as these lands are graded and streets. They would like to playa more active part as far as approval when it comes to the drainage issues on these properties. She read a letter from Kai Farms. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 Michael Racy addressed Council and stated there have been a couple meetings with CMID and other people involved with the district. They are committed to work with all of them in the drainage studies that are done on this project. There are a number of different things they will implement to control and reduce the velocity of both the on and off site flows, in fact creating a net benefit on the other side. Mayor Honea stated it was his understanding that the water flowing from the east to the west side will actually be slowed with the drainage proposal. Mr. Racy stated this project is being developed within a critical basin and that means they have to address all of their own on site conditions, but they have to make some net improvement in that. The exact extend of that comes out of the much more detailed drainage studies. The State Land Department has been receptive to working with them to incorporate some drainage faculties on their property along the CAP canal where a lot of that water is coming across. If they could slow some of that flow it could have significant benefits for everyone to the west and northwest of the site. He stated they would be amenable to a condition being added to the specific plan that says any single family detached lots under 3500 sq. ft. have to follow the conditional use permit procedure so that would apply to all the medium high density residential, all the multi-use area in the project. Mr. Kish asked as clarification, within the specific plan the medium high density areas. There are two that are contained within Village two. There is a provision in the specific plan in mixed use that allowed for any of uses in the medium high density residential and medium density residential so we are applying that condition to the entire thing or excluding the two already designated medium high density residential. Mr. Racy stated they would be amenable to it being applied to the whole thing. They do have the right of way permit into Missile Base Road. They are constructing the roadway that connects to Missile Base. They are working closely with the school district. The district is still doing planning. There will be school sites on site and it might not be just the two. They will propose as a condition that there are no adult uses within the project. Council Member Allen stated he is concerned about the 75 percent of two story homes, a deviation from the 50 percent that our design standards call for. Mr. Racy stated they are asking for 75 percent in single family homes still subject to the variation in rooflines, architecture, limits on comers, curvilinear streets, stepping homes back and forth so while they are asking for a higher number it is really because there is a lot of market interest and acceptance for that product. The property slops up gradually and has view of the Tortolitas and Catalinas and lends itself well to that variety of product. They would like to be able to distinguish the project a little. He stated the mixed use is open to the 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 region. He stated there is a large central park facility that is a community regional park intended for the central section that is open to the entire community and will be accessible to the community with the new interchange and will include shops, restaurants, playing fields, and clubhouse. Mr. Reuwsaat stated this is the first ofthree steps. They'll bring back to Council a development agreement which is much more specific. They have had a CFD application submitted to provide CFD financing. The public benefit of the interchange for the existing residents is significant. Mr. Reuwsaat asked for clarification regarding that ifit was under 3500 sq ft it would follow the conditional use process. To clarify that with the specific plan there is a major plan amendment that would require it to come to Council versus the conditional use process that would not require it to come to Council. What has been recommended is that it is a conditional use and that it has to be protested to bring forward rather than a major plan amendment which automatically goes through planning and zoning and then comes to Council. Mr. Racy stated it is actually an appeal rather than a protest and any Council member can appeal. If there was a commission member that was on the other side of the condition they could appeal, any affected property owner within 300 feet could appeal. Their request and preference would be to go that process because it that product is offered at all it may well be something small. To go through a major amendment that is a specific plan amendment that is a giant process just to authorize a use that is such a subtle change from what is already authorized in the plan. Council Member Escobedo stated it would be fine with a conditional use permit. Mayor Honea stated with the conditional use permit that any Council member can appeal that and bring to Council ifthey don't think an appropriate project is being built. He stated since multi-use would allow medium high density proposals as it was worded it would allow 2500 sq. ft. single detached homes in all the multiple use and by putting the conditional use on it, it gives Council an opportunity to have a say if they think there is a problem. He stated on the overpass there is conflicting agreements on how it is going to be financed. The development agreement is going to have to be completed before a plat. He was concerned about the parks, but if we collect the park impact fees on this project and the developer does not build the parks we will get about $13 million. It is going to encourage the applicant to build bigger parks to cut the dollar figure and provide more amenities in the neighborhood. He stated schools could be a problem for this project, but if they can work out an agreement with the school district on some voluntary funding that would help them, as well. Council Member Comerford commented that when Continental Ranch opened there were no schools. Now 20 years later the third school is being built. She commented on item 20 of the conditions and hoped that item does not hinder the process. 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 Mr. Reuwsaat stated because drainage has been a significant issue Council will be kept informed when the report comes out and given an update. He mentioned that in all rezoning there is a waiver for 207. Mr. Cassidy went over the conditions. Upon motion by Council Member Allen, seconded by Council Member McGorray, Ordinance No. 2007-09 was unanimously approved with conditions. 4. Resolution No. 2007-55: Relating to the Marana General Plan; approving and authorizing the Public Participation Plan for the 2007 Marana General Plan Update (Kevin Kish) Paul Popelka addressed Council regarding approval of a public participation plan for general plan update. It is required by law. There is nothing that they would not do in any normal planning process. They have a menu of techniques they will use; focus groups, other public agencies, new citizen commissions, Chamber of Commerce, HOA, open houses. They will make regular notifications about what is happening for certain special dates in this process. They will establish a speaker's bureau where they can take requests to meet with a homeowners meeting or a service club and establishing a link on the website where you can go to a page that is dedicated to this process. Upon motion by Council Member Comerford, seconded by Council Member McGorray, Resolution No. 2007-55 was unanimously approved. K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. 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. 1. 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 an 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 (Frank Cassidy) 2. Executive session pursuant to A.R.S. ~ 38-431.03(A)(4) to discuss and consult with and instruct the Town's aUorneys regarding the lawsuit 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 entitled Explorer Newspapers, Inc. v. Town of Marana, Pima County Superior Court No. C2006-3087. Mr. Cassidy stated concerning the water item. Their feeling is that it would be best to bring a comprehensive overview in the terms of a video presentation in executive session. In order to make it a little more organized approach they would like to set aside more time and in a more formal manner and suggested a couple hours time. He asked to set a time in the next few weeks for this item. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Council convened to Executive Session. The Council reconvened on the dais at 8:46 p.m. Mr. Cassidy stated in the manner of Explorer Newspapers v. Town of Maran a, as explained in Executive Session, this is a case filed by Explorer Newspapers seeking two sets of documents; one was a series of personal e-mails of Ron Smith and also there was a request for internet usage information. As the Town Attorney, he withheld even the existence of internet usage information because they only do internet usage reports when they think there is something improper going on and to tell them there was a report would be saying there was improper activity so under a recent case out of Pinal County where the Court of Appeals said personal e-mails, personal computer use was not subject to the public records law and was not even a public record. He advised that both sets of documents not be released. They received a lawsuit for that. The court agreed with us on the personal e-mails and said that they did not need to be released, but disagreed on the internet usage report. There was no specific finding in the case that we had acted in bad faith or that we were acting arbitrarily and capriciously to release the information. The judge awarded $10,000 in attorney's fees and $185 in costs. Those fees under the law in effect at the time could only be awarded in the instance of a finding of bad faith so they think the judge's ruling is incorrect as a matter oflaw on awarding those fees. However, the law was changed in 2006. The law that now exists makes it easier for a person challenging a public records decision to get attorney's fees so if they were to appeal this decision it would have no going forward effect because it would be trying to get an interpretation of a law that no longer exits. As the Town attorney, he recommends not appealing the case. Mr. Reuwsaat stated he concurs with Mr. Cassidy's recommendation. He stated he will be sending a letter to all employees stating that individual employees will be responsible for their use of public assets such as computers and inappropriate use or behavior on those assets. He will not recommend that the Town expend public funds to protect those kinds of behaviors. If the employee so uses, for example, the computer for personal use, that will be subject to public records and open unless they individually choose to defend that on their own. 10 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 3, 2007 Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Council voted 6-1 not to appeal with Mayor Honea opposing. N. FUTURE AGENDA ITEMS O. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Council unanimously voted to adjourn. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 3, 2007. I further certify that a quorum was present. ...""nU"ll ~' OF ~ ~ ,*~~\,\'m""" ~ ~ ti;:O~ ~~~ ::: ~ ~ CORPORATE'\ t;;. ~ _ ~ 000 ::' - - =s = = ... ~ S ~ ~ ~ EAL~ ~ ~ ~ ~ ~ ~ ~:II"'''\\~ ~ ~ -i/Z 19l'~ ~lllljn'\\~ 11