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HomeMy WebLinkAbout06/17/2003 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN.HALL JUNE 17, 2003.... PLACE AND DATE Marana Town Hall, June 17, 2003 I. II. III. IV. CALL TO ORDER By Mayor Sutton at 7:04 p.m. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/MOMENT OF SILENCE A moment of silence was observed. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present 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 Michael Hein Toti~n Manager Present Michael Reuwsaat Assistant Town Manager Present Thomas Benavidez Town Attorney Present Jocelyn Bronson Toti~n Clerk Present Jim DeGrood Development Services Administrator Present Roy Cuaron Finance Director Present Ron Smith Parks & Recreation Director Present Randy Robbins Recreation Superintendent Present Jaret Barr Assistant to the Town Manager Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member Comerford, the June 17, 2003 Town Council agenda was unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA TO'~'VN HALL `JUNE 17, 2003 VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Comerford, seconded by Council Member McGorray, the minutes of the June 3, 2003 regular Council meeting were approved 6/0 with one abstention. Council Member Blake did not participate in the vote as he was absent from the June 3, 2003 Town Council meeting. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Margo Carey, a Sunflower resident, came forward to address the Council regarding light and noise pollution issues associated with the Safeway Shopping Center. These issues were previously discussed during the May 22, 2003 Council meeting. Ms. Carey inquired if any progress had been made with this situation. Mayor Sutton responded that he had a copy of Ms. Carey's letter regarding the pollution issues. He assured her that she and the entire Sunflower community would be notified of any progress regarding the shopping center problems. ~, Bob McCrea, Berry Acres resident, voiced a number of concerns he had that were associated with his neighborhood. He reported that there had been no water service for several days and he asked if the Town still planned to purchase the Lyn Lee water company. He said that he was aware of sludge injection on a nearby field and he worried about possible health hazards from this practice. He commented that he believed there was an ordinance prohibiting sludge injection and application. He continued by informing the Council of standing water in the culverts which had produced a large crop of mosquitoes in Berry Acres and he inquired about a mosquito abatement program. Mr. McCrea concluded by asking for a status report on recent changes to the floodway and flood plain. Mayor Sutton asked Mike Hein to report on these issues in order to update the Berry Acre area residents as well as the Council members. Mr. Hein replied that the Town had been attempting to purchase the Lvn Lee water company for over ten years and that negotiations remained ongoing. He confirmed that ordinances, Marana Ordinance No. 83.04 and 85.06, regulating sludge injection and application were indeed in place. He said that To~~n staff would further investigate the matter with Pima County officials and provide the Council with an update at a later meeting. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 17, 2003 Mike Reuwsaat responded to Mr. McCrea's concerns with the mosquito problem and the floodway and flood plain issues. He said that Town staff had held meetings with KE&G, the construction company associated with the Forest City properties, regarding the grading of the bar ditches in Berry Acres in order to allow proper water flow along the channels. He also said that an inspection of the area's culverts would be made in association with this concern as well as the mosquito problem. Jim DeGrood spoke to Mr. McCrea and to the Council regarding the floodway and flood plain inquiries. He said that the Federal Emergency Management Agency (FEMA) had acknowledged receipt of the Towns recent submittal regarding modifications to the Santa Cruz River Floodplain and Floodway, downstream of Sanders Road, and had voiced their support of the re-delineation. He added that Pima County had indicated that a response to the submittals would be forthcoming within the next 90 days. The Berry Acres area restudy and associated map revision was presented before the Town Council for public hearing on May 6, 2003. Marana Police Department's Lt. Paul Ashcroft updated the Mayor and Council on the medical status of Officer Dan Sample who was recently involved in a motorcycle accident. He said that Ofc. Sample had suffered a mild case of road rash and a knee injury and that he would be returning to work on light duty within two weeks. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003-64: Authorizing the Town to enter into the Arizona Public Entity NCFE Loss Recovery Intergovernmental Agreement (Roy Cuaron) 2. Resolution No. 2003-52: Releasing the Assurance Agreement for Villages at Redhawk Phase 2B, Trust No. 30,130, for Lots 180-234 and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) 3 Ml'`TUTFS OF REGULAR COUNCIL MEETING M~RANATOWN~=HALL ~~ JUNE 17, 2003 3. Resolution No. 2003-54: Releasing the Assurance Agreement for Villages at Redhawk Phase 1C, Trust No. 7825-T, for Lots 1-44 and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) 4. Resolution No. 2003-50: Building Height Exception Request: The Planning Center, representing KB Homes, is requesting Council approval of an exception to the Building Height regulation which limits building heights to 25' in the R-6 zoning district, within the Hartman Vistas subdivision. The project is located at the southwest corner of Linda Vista Boulevard and Hartman Lane (Joel Shapiro) Upon motion by Vice Mayor Kai, seconded by Council Member Escobedo, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Council Update on 4th of Tullcelebration (Ron Smith) Ron Smith announced that fireworks would be presented at this year's Independence Day celebration and that O'Reilly Mitsubishi would be sponsoring the display. Randy Robbins continued the update on this event and gave the Council a detailed description of traffic management plans for the anticipated crowds. He also listed a variety of family-oriented games that would be offered including a watermelon eating contest, balloon toss, and a 3- legged race. Mr. Robbins said that pony rides and inflatable games for the youngsters would be offered as well as a teen dance for the older kids. A map and other informational sheets were distributed to the Council members and these have been made a permanent part of this record. 2. Public Hearing on the Saguaro Ranch South Annexation - Consideration of the Town of Marana's desire to annex approximately 131 acres adjacent to the Town of Marana's border in portions of Sections 20 and 29, T11S, R13E. The parcels within this annexation area are on the east side of the Tortolita Mountains and north of Tangerine Road (Dick Gear) Upon motion by Council Member Escobedo, seconded by Council Member Honea, unanimous approval to go into public hearing was given. 4 h1INUTES OF REG[1LAR C~Li~TCIL ~1~ETING MARAN~1 T4~'~'N HALL JUNE 17, 2003 Dawn Arnold, Pima County resident, voiced her concerns regarding the proposed annexation action. She stated that the property in question was within the boundaries of the proposed Town of Tortolita and she reminded the Council that litigation was ongoing regarding this matter. She suggested that the Council hold off making any decision associated with the annexation until after receiving information regarding basic errors discovered on the tentative plat approved by the Pima County Subdivision Review Committee. Ms. Arnold reported that she had submitted an application to Pima County Planning & Zoning connected with the discovery of the errors. She also requested that the Council not make any decisions regarding the annexation until the appeals process for the Town of Tortolita was completed. She emphasized that this area was not overgrazed desert but a relatively undisturbed mountain range, except for the Dove Mountain/Heritage Highlands area. She stressed that the area in question was an extremely sensitive environment that affected the watershed and everything below it. She commented that she was aware of Marana making positive changes in looking at permits, building, and other factors impacting the environment. She applauded the Town for its efforts but urged Town staff to proceed cautiously with the Saguaro Ranch annexation plans until the corrections were made on the tentative plat before Pima County. Mayor Sutton asked that Mr. Hein and the Town Attorney clarify the existing legal situation with the Town of Tortolita. Mr. Benavidez responded by saying that the appeals process for the incorporation of the Town of Tortolita had not been completely exhausted and that there was some remote possibility that Tortolita could prevail. He added that there was no legal bar whatsoever preventing the Town of Marana from moving forward with its annexation process. Mr. Hein pointed out that this was a public hearing on the annexation and that no action was necessary at this time. He went on to say that there was a subsequent item, aPre-Annexation and Development Agreement, on the agenda which would address some of the residents' concerns. He confirmed that the Town was aware of the appeal application associated with Tortolita's objections but that this was separate from the actual annexation issue. 5 MP~IUTES OF REGULAR COUNCIL MEETING ~~ ~ l~~lARANA TOV'VN~ HALL JUNE 17, 2.0(13 Tim Blowers, Pima County resident, appeared before the Council and voiced his opinions regarding the Saguaro Ranch South Annexation. He said that initially he was very impressed with the developer's plans for the Saguaro Ranch project but had become disillusioned after seeing the actual map with the placement of residences high on the hillsides and with roadways drastically carved out within the environmentally sensitive area. He continued by stating that he had a lot of concerns about the tentative plat and that he was addressing these issues with Pima County. He commended the Town on its past reputation in dealing with new developments building within sensitive desert areas and said that he hoped the Town would continue to be respectful of the desert in association with this project. Mr. Blowers presented the Mayor and Council with two photos depicting examples of an undisturbed desert area and another picture showing homes visible on the hillsides. These photos have been made a permanent part of this record. He recommended that the Council delay any decisions on this action until hearing the response from Pima County. Mr. Hein reiterated that this item was simply a public hearing in order to discuss the merit of the annexation. He said that if the annexation should move forward the actual item where the decision to continue with the annexation would be at the ordinance of annexation which includes the transitional zoning. Tracy Chamberlain, Pima County resident and contiguous neighbor to the existing Town boundaries as well as the proposed Saguaro Ranch project, spoke before the Council. She said that, at this time, she was primarily concerned with her own property, as it was situated within an existing homeowners association of which 80% had been purchased by Saguaro Ranch. She said that certain rights would be lost due to this fact, specifically horse rights, and that the possible development of a hotel near her home would also infringe upon her privacy. She inquired about the incorporation assessments associated with the formation of the Town of Tortolita and if these taxes were being considered by the Town of Marana. Mr. Hein responded that the Town was not looking to absolve or resolve the property o~n~ners of the assessments related to the incorporation efforts of the Town of Tortolita and that this matter was up to the court and the trustees. 6 I~tINL7TES`OF REGULAR COUNCIL ?MEETING i~TARA.NA TOWN HALL JUNIJ 17, 2003 Ms. Chamberlain remarked that she appreciated the fact that the Town staff was continuing to address the concerns of the area residents. Barbara Rose, Pima County resident, voiced her agreement with the concerns previously expressed by the residents. She said that she also had concerns with the differences between the past work that had been done for the important habitat corridors between the Tucson Mountains where she lives and the Tortolita Fan where the proposed project was located. She commented that she hoped that the Towri s forward thinking and environmental concern would enable the Town to do better in dealing with residents' issues. Jack Anderson, Pima County resident, spoke before the Council regarding the proposed annexation action. He voiced his adamant support of the Saguaro Ranch development plans. He said that the property was in a beautiful area and noted that there were covenants, conditions, and restrictions (CC&Rs) in place that guaranteed the preservation of the pristine, natural state of the property. He proclaimed that the majority of land developers in general were concerned only with money and profits. He emphasized that residential development would occur no matter what attempts were made to stop it and that this developer, Saguaro Ranch, LLC, had expended an enormous amount of time and money on research to support the preservation of the area's natural environment. He expressed his opinion that the ownership of property in this area was a stewardship and that property owners would be expected to strictly adhere to the CC&Rs. He challenged the Council and audience to look carefully at the many new and innovative ideas and changes proposed by the developer and suggested that they would realize that proper handling of the project was taking place. He pointed out that the project was being watched very closely by the surrounding neighbors as well as Marana and that the development team at Saguaro Ranch was well aware of that fact. He concluded by proclaiming that he felt lucky as a neighbor to watch this development take shape and that the other residents should feel fortunate to have such a high caliber effort in charge of the project's planning. He maintained that this project, over time, would prove to have the Ieast amount of impact on the area as possible yet would retain the .most sincere concern for the preservation of the natural desert. MI'~TUTES OF REGULAR COUNCIL MEETING MARANA TO~'VN HALL JUNE 17, 2003 Mayor Sutton commented on the passion of Mr. Anderson s remarks and thanked him for his obvious study of the project. The Mayor asked if anyone else from the public wished to speak and, when no speakers approached the podium, he asked for a motion to come out of the public hearing. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, unanimous approval to go out of the public hearing was given. 3. Public Hearing on the Saguaro Ranch North Annexation - Consideration of the Town of Marana's desire to annex approximately 461 acres adjacent to the Town of Marana's border in portions of Sections 17 and 20, T11S, R13E. The parcels within this annexation area are on the east side of the Tortolita Mountains and north of Tangerine Road (Dick Gear) The Mayor opened and closed the public hearing as no speakers from the audience came forward. Mayor Sutton noted that the comments from the ~~' residents regarding the previous item would carry forward to this item. 4. Resolution No. 2003-65: Approving the Pre-Annexation and Development Agreement between the Town of Marana and Saguaro Ranch Qaret Barr) Jaret Barr presented this item before the Council. He thanked the members of the public who had worked with him on this project and offered his continued support regarding any issues related to Saguaro Ranch. He said that the Town would derive substantial economic, environmental, educational, and other benefits from the development and improvement of the subject property. He listed several specific benefits such as a $1,000 per lot park improvement contribution, a $1M contribution toward a new regional recreation facility, various roadway improvements needed for the project, a $1,200 per residence school site contribution, and the installation and contribution of necessary facilities for a Wide Wireless Area Network connection (WWAN). Mr. Barr recommended approval by the Town Council of the pre-annexation and development agreement. Upon motion by Council Member McGorray, seconded by Council µ- Member Blake, Resolution No. 2003-65 was unanimously approved. 8 MINUTES OF REGULAR COUNCIL MEETING MAIZANA TO`i'N IL~LL _ _. _, JUNE 17, 2003 Mayor Sutton commented that this was a very comprehensive pre- annexation agreement and that much of the document was based on residents' concerns being met. Mr. Hein commented that one of the more interesting aspects of the agreement was that it contemplated and discussed some of the prior agreements that were made between the developer and Pima County. He said he thought it was the first time that the Town had recognized some of the representations that had been made in the County such as the environmental bed tax. He remarked that these inclusions were to honor the obligations that Saguaro Ranch had previously made during the preliminary platting process as well as making sure that it was clear to the area's residents that the Town was not going to do away with the beneficial aspects of the agreement toward the County. 5. Adoption of the Fiscal 2004 Tentative Budget (Roy Cuaron) Roy Cuaron addressed the Council regarding this item. He reported that, with the Council's guidance and input, the Town had a balanced budget and he was pleased to be able to provide them with a tentative budget for the fiscal year of 2004. The Finance Director explained that the FY04 budget of $77,185,503 provided the fiscal resources to implement the stated policies of Mayor and Council. He informed the Council that the CIP budget of $52.8M represented 68% of the total budget with major programs such as Transportation at $14.9M, Airport at $4.5M, Parks & Recreation at $5.5M, and Marana Town Center at nearly $27.5M. He added that approximately $709K had been appropriated to fund 15 new employee positions which were expected to expand and improve service delivery both externally and internally. The new positions included four MPD patrol officers and two dispatchers, a permit clerk in the Building department, a GIS analyst and technician, a network information technician, an inmate service coordinator, an engineering aide, a laborer in the Water department, and a special assistant to the Town Manager. Mr. Cuaron highlighted several notable aspects of the budget and said that there had been approximately a 7.39 % ($5.3M) increase over FY03. He pointed out that it was important to mention for the record that a portion of the increased funding would be used toward a 50% increase in the police training budget and monies for police community outreach programs. 9 MINUTES OF REGULAR COUNCIL IV1EE'I`ING MAI2ANA TOWN HALL JUNE 17, 2003 He continued by explaining that the operating budget also included a 2% increase in the employee benefit costs, a merit opportunity for all Town employees ranging from three to five percent, and a $3.9M reduction in the use of cash reserves. He said that the CIP also reflected the Council's commitments and priorities with $14.9M allocated to transportation projects, $4.5M dedicated for airport improvements in order to spur economic development in the area, $5.5M earmarked for new park projects such as El Rio Park, Santa Cruz River Park, and the Honea Heights Park. He affirmed that a good portion of the CIP budget was set aside for the municipal complex project which includes not only the new Town Hall but also the offsite infrastructure. He recommended Council approval of the proposed FY04 budget. Mayor Sutton commented that, with the State and most municipalities and counties in desperate fiscal shape, he understood that this budget process was a tough job to tackle. He commended the Finance department and all of the Towri s department heads for their vigilance to keeping true to the Council's vision and policy direction while still maintaining prudent use of fiscal resources. Upon motion by Council Member Escobedo, seconded by Council Member Blake, authorization to adopt the Fiscal 2004 Tentative Budget was unanimously approved. Council Member Honea, as he traditionally does every year at this time, explained to the Council and public that the first Town budget he voted on as a Council member was approximately $40,000 allocated for the entire fiscal year. He commented that it was almost overwhelming at times when he thinks back on the progress Marana has made over the years. 6. Executive Session Pursuant to A.R.S. 38-431.03 (A)(1), to conduct interviews with applicants for the Planning and Zoning Commission and for the Board of Adjustment (Dan Hochuli) Upon motion by Council Member Honea, seconded by Council Member Blake, unanimous approval to go into executive session was given. The time was 8:12 p.m. The Mayor asked for an eight minute recess before the executive session. At 9:20 p.m., Mayor Sutton reconvened the Town Council meeting with all Council members present and seated at the dais. io MINUTES OF REGt?LAR COUNCIL MEETING N~IARAN~ TOWN HALL JUNE 17, 2003 There was no action taken by the Council as a result of the executive meeting. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo reported on his and the Mayor's attendance at the Alan Ourada Little League field dedication on Saturday, June 14, 2003, at the Oro Mae Harn District Park. Mr. Ourada was a baseball coach in the area for many years and he passed away following an automobile accident earlier this year. The Council member commended the Mayor on his presentation of the plaque to the Ourada family and the dedication of the ball field. He continued by reporting on his attendance at the employee recognition dinner held at the Hidden Valley Inn on June 13, 2003. He said that the turnout was good and that the entertainment put on by Jack Neubeck and crew was outstanding. He also reported on his attendance at the Music in the Park event held at the Ora Mae Harn District Park later during the evening of June 13~. He said that the classic jazz performances were superb and that the event ran until midnight. F Council Member Comerford thanked Sue Flayer for her past service as a Planning and Zoning Commissioner as well as her other community service contributions over the years. She lamented that the Town was losing such a dedicated community member and said that Ms. Flayer would be sorely missed. Vice Mayor Kai reported that he had attended the Arizona Water Banking Authority meeting on June 11~. He said that the meeting's purpose was to discuss the group's plan of operation for 2002-2003. He stated that he had learned a disturbing fact while at this meeting which included the news that the Arizona State Senate had claimed $9M of the Arizona Water Banking Authority's carryover funds in order to help balance the State budget. Council Member Honea reported on his attendance at the employee recognition dinner and agreed that the entertainment was excellent. He commented on Sue Flayer's community service record and the fact that she would be greatly missed. He concluded his report by announcing the arrival of his first grandson, Atticus Lennon Honea. 11 MINUTES OF REGULAR COUNCIL MEETING ~ZARANA TOVS'N HALL JUNI'J 17, 2003 Mayor Sutton welcomed Council Member Blake back to the meetings and commented that he was glad to see his recovery was progressing so quickly. Council Member McGorray congratulated Council Member Honea on his first grandchild and joined the Mayor in welcoming Council Member Blake back to the Council meetings. Mayor Sutton reported on his attendance at the Ourada ball field dedication with Council Member Escobedo and commended the Council member on his eloquence in honoring his friend, Alan Ourada. He joined the other Council members in commending Ms. Flayer for her outstanding community contributions and wished her well in her future endeavors. D. MANAGERS' REPORT There were no reports given at this time. X. UPCOMING EVENTS There were no reports given at this time. XI. FUTURE AGENDA ITEMS There were no items suggested for placement on a future agenda. XII. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to adjourn was unanimous. The time was 9:26 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 17, 2003. I further,.~,ertify that a quorum was present. - ~ ~~ ~. i . P: n: 3~ ~•~ ~_~:i ~ ~ ~ .~n 6A erk R~ 'b .. _ Cd"' ~. ~.~~..~ ..~rp ~ ~ ~~~~ celyn B onson, Town Clerk ~ -~ -° 12