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HomeMy WebLinkAbout07/10/2007 Special Council Meeting MinutesMINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 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 Mayor Present Herb Kai Vice Mayor Present Russell Clanagan Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Carol McGorray Council Member Present Roxanne Ziegler Council Member Present STAFF Mike Reuwsaat Town Manager Excused Gilbert Davidson Deputy Town Manager Present Jim DeGrood Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. He asked that everyone remember Mike Reuwsaat as he is in Tucson Heart Hospital having some tests done. C. APPROVAL OF AGENDA Upon motion by Council Member Comerford, seconded by Council Member Escobedo, reversing of items E. 6 and 7 was unanimously approved. D. CALL TO THE PUBLIC David Morales addressed Council and asked that Council Member Escobedo step down for the good of the town. He stated the town Council wants to raise the bar on developers, police department and town employees. To do so it must first raise the bar with the town Council. He talked about the mayor and his position. E. PRESENTATIONS 1. Discussion and direction concerning proposed implementation of Town of Marana procedures related to addressing previously done for the Town by Pima County Development Services (Joe Lettrick) Mr. Lettrick addressed Council to provide an overview of a proposed addressing ordinance that they will be bringing back to Council. Historically, the town has contracted and relied on addressing services to be provided by Pima County Development Services. The county MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 2007 had an annual addressing servicing agreement with the town to provide addressing service at a cost of more than $20,000. In 2006, the county reviewed its addressing service costs based on a full recovery cost model that would have increased our annual addressing service costs to more than $ 100,000 annually. The addressing contract was not renewed in 2006. Town staff started reviewing the possibilities of performing its own addressing. In March, 2007, they approached Pima County Development Services with the intent of performing our own addressing for the town. In May, 2007, town management sent a letter of understanding to Pima County Development Services notifying them of our plan to assume addressing responsibilities as of July 1, 2007. The proposed addressing ordinance they are presenting is to ensure that town addressing is performed by the town for the town in the standardized format. Mr. Lettrick also stated thatucurrently we have annexed two square miles into Pinal County and the intent is if we need to address into those two square miles that we would extend the Pima County addressing grid into those two square miles and address accordingly. Looking at long term annexation growth into Pinal County we'd need to re-evaluate what we would want to do with an addressing grid using either Pinal or Pima County's addressing grid and they each have a grid format. Council Member Escobedo asked if there would be any problem with Pinal County. Mr. Lettrick stated he spoke with them last week and nothing has been finalized, but they have started communication. In Pinal County all of the un-incorporated areas use one grid. All the cities and towns use their own addressing grid which causes a bit of concern when those towns or cities try to annex into those county areas and basically everybody would have to be re-addressed. Pima County has a consistent grid across the entire county. Upon motion by Council Member Comerford, seconded by Council Member McGorray, staff was directed to bring to Council for adoption the proposed revisions relating to addressing services to be handled by the town's GIS staff was unanimously approved. F. ACTION/DISCUSSION 2. Resolution No. 2007-124: Relating to Development; approving and authorizing a preliminary plat for Marana 59 (Barbara Johnson) Vice Mayor Kai declared a conflict of interest. Mr. Kish addressed Council and stated this item was continued from the meeting of May 16 1h and June 5th. During the June 5 1h meeting, Council directed staff to get an independent traffic analysis which has been conducted. In response to traffic conditions along Hartman Lane the town contracted with an independent engineering firm to study the segment of Hartman Lane. Mr. Kish introduced Alejandro Angel who will give a presentation on the report. Mr. Angel addressed Council and discussed the findings of the report. The objective was to take a comprehensive look at the area between Whipsnake and Eaglestone which is 2 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 2007 approximately 2000 feet. There are six side streets in there with various levels of spacing between them. Even though everything on the west side of the road is in Marana jurisdiction, the road and all the properties on the east side of Hartman Lane are in Pima County. They collected daily traffic volumes and peak hour traffic volumes in this area for everyone of the side streets. The peak periods were between 6:30 and 8:30 a.m. and 4:30 and 6:30 p.m. They evaluated the travel speeds in the area. They performed an analysis of the crash records they received and went out to the field several times to verify the conditions. They forecasted future conditions and identified improvements. The first findings were made in relation to the roadway conditions. The road is two lanes and it has a continuous left turn lane north of Cottonmouth. There are curbs and sidewalks on the east side of the road. There is none on the west side. If you have to brake for a car in front of you there is no shoulder on the east side to go into. There is no street lighting and the pavement markings need some improvement. If you are driving Hartman Lane the side visibility meets all the requirements of all the engineering standards, but as you're driving northbound sometimes you lose cars as they go into the dip. The dip is right next to the drainage pipe on the east side of the roadway. At several of the side streets there is vegetation that limits the visibility of drivers coming out of the subdivision, in particular, Eaglestone and Cottonmouth. They counted approximately 7,200 cars south of Overton. They adjusted the volumes for seasonal variation. They came up with 7,300 vehicles south of Overton and a little over 5,700 vehicles per day once you get north of Overton. They couldn't look at school traffic because school is not in session, but they did estimate the traffic from DeGracia using a traffic engineering book and it is approximately 300 vehicles a day on Hartman. They found seven crashes in the last two years. The majority of those were rear-end collisions. The crash rate today is higher than the Pima County average. Travel speed is 35 mph. During the peak period the average speed is about 40 mph. The 85 percentile speed which is a common measure of faster speeds on the roadway they found that the 85 percentile speed is more than 45 mph. During some periods it gets up to 50 mph real early morning and about mid-day. They assumed traffic growth of five percent for the region and they added the traffic from Marana 59. They came up with 6,000 cars per day north of Overton and 7600 cars per day south of Overton. They evaluated the Pima County turn lane warrants based on the Marana 59 trip generation and they did it based on the true generation book as the previous study had done, but they also did it based on actual field conditions and trip generations at the existing subdivisions and none of the cases met the warrants as identified by Pima County. Some streets did meet warrants for night turn lanes and those two streets were Eaglestone and Overton. The first recommendation is to trim the vegetation, Cottonmouth and Eaglestone, to improve the visibility. Re-stripe the roadway and add markers to improve the lane delineation. This is important because there is no street lighting. Police enforcement coupled with community education. Consider providing dedicated right turn lanes at Overton and Eaglestone. Because there so many access points closely spaced it would be beneficial to have a continuous left turn lane all the way from Whipsnake to Eaglestone on the south. The warrant isn't met, but there are a lot of factors that combine to make it a good idea, limited visibility, crash history, speeding, no shoulders, and no street lighting. There is 90 feet of right of way. Coordinate implementation with Pima County because they are in the right of way. Because of the presence of the elementary school there needs 3 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 2007 to be coordination to determine if any pedestrian devices are needed. That should be evaluated based on the number of students using it and funding availability. Council Member Clanagan asked to have the crash ratio explained. Mr. Angel stated the crash rate is important as there is a higher than average rate. It is within one standard deviation of the average. Even though number wise it is a lot more than the average as relative to all locations. It is not really high. Most of the crashes are rear-end and rear-end generally result in property damage as apposed to head-on or angle collisions which result in injuries or fatalities. Therefore, they are weighted heavier than rear-end collisions. Most jurisdictions look at when evaluating which improvements to make is what's the cost effectiveness of the improvements. It looks at travel speeds and volumes. Some crashes are correctable and can be eliminated with an engineering or enforcement measure. Ms. Johnson addressed Council and addressed the recommendations. The first one was to remove and trim vegetation near Cottonmouth and Eaglestone to improve visibility and stated that has been done. Regarding re-stripping the roadway and adding raised pavement markers, Ms. Johnson stated they have taken care of re-stripping the roadway. However, they have to meet with Pima County at a management level because they are going to ask them to make some corrections that are not mandated by warrant and they are going to ask the county to take care of that because in our IGA we do not have the authority. They began police enforcement last week and will continue that to closely monitor that location. With the dedicated right turn lane at Overton and Eaglestone and the continuous left turn lane on Hartman, they will be asking the county to invest in that street, also, the implementation of the improvements with Pima County and the DeGracia Elementary School pedestrian enhancement to try and enforce that issue through a logical conclusion. On the basin at Overton and Hartman, she contacted the county and they agreed to open the basin up prior to the start of the monsoon. They are working on it and it is not complete yet. Council Member Escobedo asked Mr. Cassidy to elaborate on what the conditions are on this project. Mr. Cassidy stated that the subdivision review process is a ministerial process. Any denial would have to be based on a particular requirement not having been met in terms of a code requirement. There are some conditions to approval. Those conditions highlight existing requirements in our code. Denise Howard, 9051 Hartman Lane, addressed Council and stated her property borders the south portion. One of her concerns was the traffic and her other concern was the water runoff after they blade the property that doesn't increase more flow onto her property. She stated there is a ridge and she requests that those houses be single story. She stated having a two story home on the ridge that is quite elevated would devastate the sky line. 4 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 2007 Julia Corty, 5421 W. Cottonmouth Street, addressed Council and asked that when the developer comes up to speak that he make a record of his home address. She stated that is required in the preliminary plat so it is already a matter of public record. She stated there is a community in Marana where the monsoon rains fall so hard that the land is washed away and the streets overflow with the flooding waters over the curbs and costs thousands of dollars in damage each year. Developers argue over who is responsible for paying for this damage. When the residents of the community leave to go to work they find Hartman Road closed because it is flooded and there is no ingress or egress during the monsoon season leaving them trapped in their homes. She stated the total land for this project has not been surveyed for cultural and archeological resources. She stated appropriate notifications under 060202A I G of the Marana Land Development code has not taken place regarding the adjacent municipalities namely Pima County. Pima County has not been appropriately notified of the projected projects impact on water drainage in a timely manner sufficient to allow them to respond to the issues. This is especially true of the water drainage and storm water systems. As late as yesterday when she spoke with the Director of Pima County Public Works that individual had no knowledge of this development. Additional time is needed to get written recommendations from Pima County as provided by the ordinance. She stated she does not know if plans were submitted to cable companies, school districts, and Pima County offices as required by the ordinance. She stated much as been made to this decision being a ministerial act. However, even ministerial acts require notice and due process. She stated according to ARS 9463.01C47 indicates a municipality can require the posting of performance bonds to assure installation of required drainage, flow control, and improvements meeting established minimum standards of design and construction. She stated the town can disapprove of this preliminary plat under Title 6 section 0202C5 if there is adverse topography or periodic inundation. She stated the town can also require special grading and drainage requirements. She stated consultation needs to take place with the county flood control district regarding the construction of streets and land established as being subject to periodic inundation. She stated the town has more than sufficient justification to deny this plat. She stated that if the plat is approved she wants the following conditions: an adequate water and drainage plan and consultation with Pima County. A full archeological and cultural resources review and make that a contingency. Require a bond for the cost of the water and drainage issues. Require consultation with the Army Corp of Engineers regarding 404 issues. She stated to Grow Homes that she has looked at their website. The website talks about working with neighborhoods and enriching communities. She asked for them to work with the residents of this area and return phone calls. Evelyn Manuel addressed Council and stated she is a member of the Toliono O'Odham Nation. She states she has done research on this project. She lives on the reservation ten miles west of Sells. She is requesting a full archeological study because if there are archeological artifacts, as well as cultural artifacts those should be preserved. Council Member Clanagan asked if the members of the Toliono O'Odharn Nation issued a resolution on behalf of this project. MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 2007 Ms. Manuel stated no because they are waiting on the archeological study. When it comes to the Cultural Affairs office and if there is significant findings then it comes to the council for recommendation and then from there they issue a resolution. She is not aware if a full archeological study was done. Mr. Davidson stated the archeological component is an element that has not been overlooked and will not be overlooked. It is a part of the governmental process. While the preliminary plat may be approved that does not exclude the responsibility for the applicant to do the full studies that may be required by the federal and state government. Ms. Johnson stated our archeologist has been in touch with the Toliono O'Odham. Ms. Johnson stated they have made sure they have highlighted the 404 requirements for this project. They do have to work through the Corp of Engineers, the 404 which brings in both the state and federal processes and will bring in the Nation. Mr. Davidson stated the applicant is taking an inherent risk as they move forward with the plat if they do find something of valuable substance that causes the plat to be changed they have to go back through a process. Ms. Johnson stated at this point in time the owner is obligated to deal with the 404 issues through the Corp of Engineers, state and federal system. The owner is obligated through that process to deal with a full archeological study. The owner cannot move dirt until he gets the clearance. Those clearances include everybody from the State Historic Preservation Office to the Nation and to other interested parties. Mr. Kish stated there will be assurances. They are typically done with the final plat. Prior to that if a grading permit is issued there will be a bond associated with the permit for the site work. They do a distribution of applications. They go to all the jurisdictions, all the utility companies, flood control district, Pima County Transportation Department, the school district, etc. They have all been notified of this project through our processing of applications and distribution on it. There was concern with building height adjacent to Ms. Howard's property on the south side. With that the Council could suggest that perhaps lots 5-15 be restricted to single stories. Those would be the lots running along the southern boundary. Mr. Cassidy stated since this is not a rezoning case that he didn't think we have the authority to restrict the number of stories unless there is an existing requirement that says there is a certain story limitation. That cannot be imposed at this time. Mr. Kish stated that would be correct that the only restriction would be through the residential design standards and the limitation of the number of two stories for the project itself. Council Member Escobedo asked does a survey mean the same as a full study. Ms. Johnson stated according to the archeologist when she says she wants a full archeological workup, study or survey that's all the same thing. 6 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 2007 Mr. Cassidy stated the existing code, Title 20 of the Land Development code, is very clear about those requirements and there is going to no question about it. Court Gettel, 5645 N. Via Salerosa, Tucson, AZ, owner of Marana 59, addressed Council and stated to his understanding the Army Corp and the archeological does not have to be complete before tentative plat approval, but will be a condition upon grading/final plat. He stated he has been at the plat process for two years and he has done everything required. He asked for approval. Council Member Clanagan asked the applicant if he had been in contact with the neighbors that have tried to contact him regarding this project. Mr. Gettel stated Grow Homes is not part of this project so they have never contacted him. He stated no one has contacted him individually. Upon motion by Council Member Comerford, seconded by Mayor Honea, Resolution No. 2007-124 subject to staff conditions was approved 4-2 with Council Members Clanagan and Escobcdo opposing. 3. Resolution No. 2007-125: Relating to Economic Development; establishing Core Values for Economic Development within the Town of Marana (Jim DeGrood) Mr. DeGrood addressed Council regarding a set of core values that the recently formed Business and Economic Development Advisory Commission is recommending that Council consider for adoption. They believe this is one of the first steps in developing our economic blueprint for the town. The core values that the commission has recommended are first to partner with business. That the town will be proactive in addressing the evolving needs of the business community through an open dialog and a spirit of partnering. The second is realistic business incentives. The town is in a competitive business environment and must provide realistic business incentives to make Marana a world class place to do business. The third is to develop a first class work force. The Town believes in developing a world class work force and will collaborate with educational institutions of all types and levels to ensure all work force needs can be met. The fourth is to recruit, attract, and retain diverse employment opportunities. The town will partner with other economic organizations engaged in economic development to leverage resources and maximize opportunities to create a strong and diverse business community. The fifth is a livable community. The town will create a climate to encourage a wide range of living opportunities for all and a unique sense of place. The sixth is the highest level of customer service. The town will provide expeditious and effective responses to business needs. Council Member Clanagan noted that Mr. DeGrood has accepted a position with PAG and will be leaving in a few weeks. He wanted to thank Mr. DeGrood for his commitment and devotion to the town and his personal mentoring. 7 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 2007 Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Resolution No. 2007-125 was unanimously approved. 4. Presentation on the Marana Spectrum Specific Plan and development Agreement (Kevin Kish/Frank Cassidy) Mr. Kish addressed Council and stated this presentation is intended to familiarize Council with the proposed Specific Plan and Development Agreement prior to the public hearing. Marana Spectrum is located at the southwest comer of Camino de Manana and Linda Vista Boulevard. The plan is to create a power center or lifestyle center, regional center, commercial retail center in this area. The center will contain a number of major retailers, various smaller retailers and national/regional retailers, restaurants and a proposed movie theater. The power center will also have a main street concept in it. The main street area contains various minor shops intended to create a village atmosphere, workability functions, gathering points, a place for outdoor entertainment, and some outdoor seating. The site is approximately 170 acres. The scenario focuses on the regional opportunities. Camino de Manana runs on its northwesterly side, Linda Vista Boulevard which will be realigned and I- 10 on the south. The developer feels it is a great location because of the connectivity and the new interchange coming in to be able to have that regional draw. The approved Cascada plan sits to the north of the project area. The plan is evolving and maturing in what the needs are, what the opportunities are and how to address the dynamic market that is in retail and commercial business. Currently they are looking at approximately 1,300,000 sq. ft of retail area for this 170 acres. The permitted uses are a hotel or a motel, a hotel that could be a multi-story. This has the opportunity to have both. One of the unique things they are looking at is the opportunity for residential, but the residential would only be in a main street concept where the residential units are only allowable on a second or third store of a retail/commercial center. In a commercial development they are not looking at a need to have minimum lot areas. As part of the specific plan they are going to be adding public art installed within the project. They have the new panels going in on Cortaro Road and this will have some public art component, as well. Within the plan they have their design guidelines and standards within it. The design standards will be equal or better than our commercial design standards. Mr. Cassidy stated the development agreement which is still being negotiated. The development agreement provides that for all public infrastructure being provided by the developer the town will reimburse the developer out of sales tax generated from the site and it's 45 percent of the sales tax would be used for reimbursement and 55 percent stays with us. They are discussing to what extent construction sales tax is used as part of the reimbursement. At this point, the town staff and management has directed to only provide for construction tax reimbursement to the extent the developer funds any portion of the transportation improvement project beyond those elements that are needed to serve this project. The reimbursement the way it is written at this point is it goes for 15 years and begins when there is substantial construction in place. There has to be substantial construction started basically within three years after the interchange is completed. MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 2007 Council Member McGorray asked if we had made a financial arrangement on the 55/45 percentage on any other shopping centers or entity. Mr. Cassidy stated they conceptually discussed that with other groups. There is a reimbursement provision in the Arizona Pavilions area. He believes it is a 50/50. State law was recently rewritten to provide that in any agreement of this type there has to be a finding made by an independent party and paid for by the town and not reimbursed by the developer that the town gets a greater benefit than the developer. Vice Mayor Kai stated we need to make sure during the negotiations of a positive net return to the town. He stated we need to have a system that says that we are not going to pay for parking lots or street lights inside the development, but if they are for public benefit that they would be reimbursed. Mr. Kish stated they have identified what specific improvements are to be made so there is a generated list that identifies what improvements would be included under that reimbursement schedule. Mr. Cassidy stated all the improvements we have identified are public improvements. He would say the one item that would be arguable is that under the agreement as drafted is if the developer makes an environmental mitigation contribution which it does not require the developer to make if that is made it is reimbursed. Any impact fees that are paid by the developer would be reimbursable through the 45 percent. Those impact fees that apply to commercial at this time are water connection fees, etc. Transportation impact fees do not apply to commercial. The point of the mitigation fee would be to fund mitigation activities so their feeling was that in fact was a direct public benefit and should be reimbursable. Council Member Clanagan stated we need to include facilities for law enforcement response within this project. An onsite station that can be manned if necessary 24 hours a day to handle calls for service that is going to be generated by a development of this size. Mr. Kish stated they will be finalizing the development agreement and specific plan and coming back in August for presentation and consideration by Council. 5. Presentation on Northeast Benefit Area transportation impact fee (Jim DeGrood) Mr. DeGrood addressed Council and stated he is bringing a potential new transportation benefit area for roadways that is currently not within any area that we have a development impact fee for. They are looking at the northeast area. It is bound by the Pinal County line on the north. The town limits line on the east and by the Lambert Lane alignment on the south. To the south of Lambert Lane is the south transportation benefit area which is generating funds for the new Twin Peaks interchange project. On the cast side it is bounded by I- 10 or the Central Arizona project canal. To the west of the Central Arizona project canal is the northwest Marana area where there is a development impact fee in place. Most of the town is within one transportation impact fee area or another. 9 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 2007 There would still be an area that would be outside of anything they've identified an impact benefit area for. That is an area north of Avra Valley Road and south of the Santa Cruz River. They have some concerns about the northeast area. There are a number of environment issues. They have some question about what the ultimate land use make up will be in the area. They know they have some major transportation corridors that cut through there and they are going to have some major financial obligations as a result of the needs to develop those corridors. Projects that are not yet under construction, but they do have entitlements for are Cascada, Foothills, Hartman Hills and Tangerine Hills. They are coming up with about 14,000 potential dwelling units within that area of which about 10,700 would be new or currently not in place. Northeast transportation issues are significant. They have to find funding for arterial roads. They have to define what Tangerine Road will be in the future. Tangerine Road crosses many jurisdictions, ADOT, the town, Pima County, Oro Valley all have an interest. This is a RTA identified project, as well. There are two major RTA projects in this area, Tangerine Road from La Canada Drive west to I- 10, Camino de Manana/Dove Mountain realignment also. When the RTA was approved it was approved with the understanding we would be bringing forward substantial local funds to augment the RTA funds in the development of these roads. They are looking at about 30 percent of the costs of these roads at a minimum coming from local funds as identified in the RTA as impact fee funds. Traffic volumes if developed as per the preferred the land use plan they will be looking at between a four and six lane roadway on all of Tangerine, Dove Mountain Boulevard, the extension down to the Twin Peaks interchange being between either an unpleasantly busy two lane road or four lane road. The RTA is only providing funding to build the first two lanes. Lambert Lane is a roadway that will need to be developed and is incorporated in their transportation model. It is not funded exclusively by this transportation model. They are currently designing the Dove Mountain/Camino de Manana extension. They expect it to be underway in construction towards the end of the construction of the Twin Peaks interchange. There is no impact fee that covers this area. The RTA requires a local match for the funding of both Tangerine and Camino de Manana. They are looking at Tangerine Road's link through the town being a six lane facility. They are looking at a connection road that runs basically between Avra Valley Road and Tangerine Road. That will serve commercial uses. Lambert Lane will have a lot of benefit for areas outside of the town so we are only looking at 30 percent of the cost of that roadway coming from impact fees. Within the town is Thornydale Road between Naranja alignment and Tangerine Road and that will need improvements. It will see substantial use from people other than our residents so it is only a portion of that coming from impact fees. They are looking at a need in this area based on growth outside of the area and within of about $229 million worth of infrastructure. Of that, they are recommending that $79 million come from impact fees. They are recommending we look at an impact fee that is no higher than $6,872 per new residential dwelling unit. They recognize that certain land uses don't have as much impact as a single family detached house would. Age restricted communities do not generate the kind of traffic that a single family mixed neighborhood would so they've discounted the impact fee for that. They also recognize that multi-family units don't contribute traffic to our road network the way single family detached do. They have come up with a schedule that ranges from $6,872 10 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 2007 for a single family detached house to $2,500 for a multi-family dwelling within an age restricted community. In ternis of the time line, he suggested they release it next week. They have received a request from Southern Arizona Homebuilders to consider delaying it a couple weeks and would recommend modifying the time line accordingly. Once we have released the report we have by statute a minimum period of time that we have to have for public review prior to holding a public that is 60 days. Once they have the public hearing then at that point in time Council must wait at least 30 days under the new statute before Council can adopt the impact fee and then it would be another 75 days beyond that before impact fees could be collected. The earliest we might expect to begin collecting these fees would be in early 2008. Vice Mayor Kai asked if commercial developments were addressed and what contribution they could make. Mr. DeGrood stated they ascribed a percentage to residential travel. They had their traffic consultant create a traffic model for the region; input commercial uses, residential uses, looked at what other models from around the region were saying would be contributing traffic to Tangerine Road and the other roads that pass through our community. Using those models he came up with percentages of travel that would be coming from the residential community within the benefit area. Based upon that they came up with, a percentage that was used to reduce the $230 million of improvements that are necessary down to $79 million that we would be assessing. Upon motion by Council Member Comerford, seconded by Council Member McGorray, direct staff to release the Northwest Benefit Area Residential Roadway Impact Fee Analysis and Infrastructure Improvement Plan two weeks from today was unanimously approved. 6. Presentations by prospective applicants for Planning & Zoning Commission, Business and Economic Development Citizen Advisory Commission, and Board of Adjustment (Jocelyn Bronson) Richard Benner addressed Council and stated he has lived in and around Marana for the last 14 years. He is currently employed with the Arizona Air National Guard. He is a 21 year veteran of the National Guard and will be retiring August 181h. He currently has two local bar and grills on the south side of Tucson. He is currently owns and operates Benner's Grill. He stated it is significant since he operates several different businesses, although they have similar goals they arrived there in many different ways, having dealt with the agencies for the last 12 years gives him insight. He stated being a resident and business owner, being able to see the issues from both sides and his common sense attitude he will be as asset to the commission and the town. Lois Bursuk addressed Council and stated she has lived in Tucson since 1980, born and raised in New York. She has lived in Marana for 24 years. She is married with an eleven year old daughter. She has a bachelor's degree in psychology. She has a master's degree in education from the U of A and a PhD in educational psychology from the U of A. She has been employed by the Flowing Wells School District for the past 16 years as a I I MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 2007 certified school psychologist. She stated she is passionate about the direction of the town. As a member of the Planning and Zoning Commission this is what she brings; professionally a team player, she works in a collaborative, impartial manner, not beholden to development and not beholden to environmentalists. Dan Cross addressed Council and stated he has submitted his application for the Planning Commission. He has lived in Tucson since 1956. He was educated in the Catholic school system and graduated from the U of A and NAU. He worked at UMC post graduation, later began his career with the Tucson Fire Department and is in his 26 th year with them. He will retire in one year. He is interested in the Planning Commission for several reasons. He has always been a grunt level volunteer mostly constructing cabinets, furniture, widgets for the various organizations and churches he and his family have been associated with. They have also been in the adopt a road program for over ten years. He was a fund raiser for his high school football team overseeing a booster function that raised over $40,000 in four years. He stated he and his wife have built three custom homes and as owner/builders and have been somewhat exposed to the world of zoning issues and development. All homes were in different local governmental entities. He believes he can benefit the organization by a commitment to leaming his job, being a constantly, consistently prepared member and fairly balancing the needs of all the stakeholders. Norman Fogel addressed Council and stated he grew up in Los Angeles and moved to Marana three years ago. He worked in non-profit management. He was the Chairman and a member of the Planning Commission in Semi Valley for four years. At that time, the city was about 50,000 members. He served on neighborhood councils in Los Angeles. He served on two different commissions. He stated it would be a pleasure to use his retirement to serve the city. Marcia Jakab addressed Council and stated she moved to Marana from Cleveland, Ohio in June, 2006. She stated she feels strongly about preserving the history and heritage. Her work experience includes almost thirty years in sales and management positions associated with large Fortune 500 companies. She stated she knows about red tape, how to work on a team and strategy. For the past six years she sold residential real estate. She recently affiliated with Long Realty, Twin Peaks office. Though change can cause resentment and resistance she stated we cannot afford to ignore it and there can be a lot of positive outcomes. Brett Summers addressed Council and stated he put in an application for the Planning and Zoning Commission. He is a strong advocate of proper and responsible growth for the town. He stated he worked for the Tucson Police Department for just over five years. He was injured in the line of duty and forced to take a medical retirement after having reconstructive wrist surgery. For the past three years he has volunteered leadership for the Hartman Visa Neighborhood Association since its conception three years ago. He has run for Council and is well versed in state, constitutional and local law. He wants to be a strong advocate for the public. As much as he wants growth for the community he will uphold his values to the laws of the nation, the state and the town when making his decisions. He stated we need a Planning and Zoning Commission that can be forward 12 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 2007 looking and see an impact of even a two percent of the vehicles at Marana Spectrum are going to add to the Hartman project so we can think about widening roadways, understanding infrastructure and thinking about those impacts for the Planning and Zoning Commission. Thomas Dunn addressed Council and stated he has been self-employed as an entrepreneur for 15 years in the mortgage banking, real estate finance industry. He has gotten involved with local politics at the county and state levels. He was Chairman at the Pima County Republican 72 hour task force in the last election cycle. He is a member of the Marana Chamber of Commerce and an active volunteer where he has helped with the TREO business outreach. He would like to be appointed to the Economic Development Committee because he likes to think big. He stated we can work together to bring both small and big business to Marana to stay. Mike Rebro addressed Council and stated he has lived in the town for one year. He graduated from the Citizen Resource and Education workshop. He is an oasis volunteer at Twin Peaks School. He is a member of the senior citizens of Continental Ranch. He belongs to the VIPs. He has been a volunteer in the Continental Ranch fall festival. He was instrumental in the Circle K citizens committee which brought some concerns to Council earlier this year. He has worked with a large group of people from different countries. He has an extensive background working with people from Japan, India, Mexico and Europe. He stated he has very good communication skills. He has strong project management skills. He was active in the United Way on the budget committee. He is a retired computer manager from John Deere where he worked for thirty years. Terry Tometich addressed Council and stated he has lived in Heritage Highlands approximately one year. He has been in southern Arizona since 1972. He was with the Arizona Department of Public Safety for 32 years. He was Commander, Southern Bureau Chief in charge of the southern eight counties in Arizona. He is retired. He and his wife have opened two businesses at the Dove Mountain Retail Center; Fitness Together and soon to be opened therapeutic massage called Elements. He has attended the LED meetings. He and his wife have joined the Chamber of Commerce. In his experience in law enforcement and dealing with community leaders, citizen groups in eight counties along with governmental officials and being successful in that time period shows he can help and work with many types of individuals. John McIntyre addressed Council and stated he is retired. He can bring to Marana over 30 years of professional business experience in a wide variety of areas including finance, dealing with people and national and international organizations. He is also on the board of interfaith community services and he is also on their finance committee. He is willing to do whatever is necessary to help Marana grow and progress. 7. Resolution No. 2007-126: Relating to utilities; authorizing the Mayor to execute and Town staff to carry out a six-month notice of termination of the April 23, 1979 intergovernmental agreement with Pima County relating to sewer service in the Marana town limits, and declaring an emergency (Frank Cassidy) 13 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 10, 2007 Vice Mayor Kai declared a conflict of interest. Mr. Cassidy stated as discussed at length, including the Marana 101 presentation,ownership of the sewer system and the treatment plant will give us self deten-nination and also will maximize our ownership of water resources. The county has made it clear based on his bond covenants that it is not in a position to voluntarily negotiate with the town concerning the division of assets as provided by in the IGA. Upon motion by Council Member Comerford, seconded by Council Member Clanagan, Resolution No. 2007-126 was approved 6-0. G. EXECUTIVE SESSIONS Upon motion by Council Member McGorray, seconded by Council Member Ziegler, Council voted to go into Executive Session. 1. Executive Session pursuant A.R.S. §38-431.03 (A)(1) for the purpose of interviewing candidates for the vacancies on the Planning & Zoning Commission, Board of Adjustment and Business and Economic Development Citizen Advisory Commission (Frank Cassidy) Mr. Cassidy stated this kind of Executive Session falls within the personnel section of the Executive Session so any of the interviewees can choose to be interviewed in the public session if they prefer. Council adjourned to executive session. Returning to the dais, Mayor Honea stated they have decided not to do any interviews and they will make the selection on the Council meeting on the 17 1h for the individuals to be appointed to the positions. H. ADJOURNMENT Upon motion by Council Member Clanagan, seconded by Council Member Escobedo, Council voted to adjourn. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July 10, 2007. 1 further certify that a quorum was present. OF V* c. ?4nson, Town Clerk HAL V*1164 ol y4i 'N , 'Wit'v 14