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HomeMy WebLinkAbout08/07/2007 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 7, 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 Excused Tim Escobedo Council Member Excused Carol McGorray Council Member Present Roxanne Ziegler Council Member Present STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATIONIMOMENT OF SILENCE Led by Mayor Honea. C. APPROVAL OF AGENDA Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, the agenda was unanimously approved. D. CALL TO THE PUBLIC David Morales addressed Council and stated his loyalty is to the people and town of Marana and referred to a statement he made during the election campaign. He referred to the mayor and his loyalty to a council member and not to the citizens of the town. He talked about regional planning. He stated in the next council election the voice of the people will be heard and the policies of the town are shaped by the values of our community. E. PRESENTATIONS ANNOUNCEMENTS/UPDATES Ms. Bronson recognized Kelly Maslyn and Lori Green from Comeast. I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 7, 2007 Mayor Honea stated every year we have community partners that spend a lot of time and money providing benefits for the citizens of the town. Comcast has been a partner in this for many years. Mayor Honea thanked our partners at Comcast for all they do for the Town of Marana. Ms. Bronson also recognized Shelly Linson, Meritage Homes, Signature Sponsor and Jeff Polley, Tucson Newspapers. PROCLAMATIONS - City of Tucson Ms. Bronson read a proclamation for the City of Tucson's birthday. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray stated she attended a function for the groundbreaking at La Cholla and Lambert. There is going to be a new light at that intersection. That is to be paid for by RTA funds. She attended the inaugural ceremony for Ned Norris at the Toliono O'Odom reservation. The mass was combined with some of the tribal customs. Mayor Honea stated he also attended the La Cholla and Lambert groundbreaking. He stated even though this project is in Oro Valley it will have a direct effect on the Town of Marana as our new Twin Peaks, Camino de Mariana, Lambert interchange is done to allow transportation infrastructure through the northwest. Mayor Honea stated he has spent time in the last couple weeks talking about waste water. He has met with members of the staff and Mr. Reuwsaat with the Tucson Citizens Editorial Board, the Star Editorial Board, several of the Pima County Supervisors, Mayor Loomis, and the Mayor in Sahuarita. He stated tomorrow he will be leaving for the TREO Portland trip which is a cities interchange. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Reuwsaat mentioned the TREO trip and stated it is a good opportunity to see success stories in the country and try to bring those experiences back. This month the governors' world conference is in Oro Valley. The League of Cities is also this month. Mr. Reuwsaat recognized Mr. DeGrood and stated he is now the PAG Regional Transportation Director. Mr. Reuwsaat stated we are now in the process of filling the position of Assistant Town Manager. He noted there has been a great deal of interest for the Economic Development Administrator position. Mr. Reuwsaat stated Mr. Davidson is working on the transportation planner position that will fulfill the roles and responsibilities that Mr. DeGrood had. H. STAFF REPORTS No report. GENERAL ORDER OF BUSINESS 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 7, 2007 1. CONSENT AGENDA 1. Resolution No,._ ?007-1?32: Relating to Water Service; approving and authorizing the execution of the agreement between the Town of Marana and Nicholas Homes for construction of water facilities under private contract for Farm Field Five (Brad DeSpain) 2. Resolution No. 2007-133: Relating to Water Service; approving and authorizing the execution of the intergovernmental agreement between the Town of Marana and the University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona (Brad DeSpain) 3. Resolution No. 2007-134: Relating to Development; approving and authorizing a final plat for Ruby Tuesday (Kevin Kish) 4. Minutes of the July 10, 2007 special meeting and the July 17, 2007 regular meeting. Upon motion by Council Member McGorray, seconded by Council Member Clanagan, the Consent Agenda was approved 5-0. J. COUNCIL ACTION 1. Ordinance No. 2007.18: Relating to Economic Development; establishing procedures for permitting of special events; amending Marana Town Code Title 10 (Health and Sanitation) by adopting Section 10-6, and establishing an effective date (Cedric Hay) Mr. Hay stated this ordinance has been put together to streamline the internal processes within the town, but also to give the public advance notice, guidelines to follow when special events are desired or take place within the town. The ordinance that was presented has only been slightly changed with some formatting changes. It will be relating to health and sanitation because that's where this procedure will be located in the town code. Steve Miklosi, General Manager of Breakers Water Park, addressed Council and stated on behalf of his business he didn't find anything that is out of the ordinary upon request. He stated on the 60 days advance notice for a major event if you are dealing with an event where there are entertainers involved many times the ability to book an entertainer is based on where they are at traveling. That typically is not something that occurs sixty days out. He asked if this could be looked at with some flexibility. He stated if entertainment wasn't an element for the event then that wouldn't play such an important part. He stated there are no two special events that are alike. He asked that staff consider this in the realm of things. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 7, 2007 Mr. Hay stated they did include a provision that the Town Manager does have some leniency to waive as necessary. These are events that would have a significant impact on the town resources. That is why we are asking for additional time. At that point it would be at the discretion of the police department if they would be able to adequately provide services necessary. There is no reason why an event would not be allowed to take place. In the past, there would be a flow chart, a special events application would be made and then it would be passed to police, right of way and different departments who would in turn would check these off one at a time. This ordinance will establish a round table where all these groups will be able to meet at once and be able to share ideas. Hopefully to expedite the process, brainstorm and come up with ideas to make the events happen. Resolution No. 2007-135: A resolution of the Town of Marana, Arizona, declaring as public record that certain document entitled "Special Events Ordinance" adopted by Ordinance No. 2007.18, filed with the Town Clerk; and declaring an emergency (Cedric Hay) Upon motion by Council Member Clanagan, seconded by Council Member McGorray, Ordinance No. 2007.18 and Resolution No. 2007-135, declaring an emergency, was approved 5-0. 2. PUBLIC HEARING: Ordinance No. 2007.19: Relating to Development; approving and authorizing a rezoning to create The Marana Spectrum Specific Plan (Kevin Kish) Mr. Kish addressed Council and stated March 28, 2007, the Planning Commission unanimously voted to recommend approval of the Specific Plan. This item was presented to Council as an information item on July I 01h , as well. The applicant proposes a change of zoning from the C, large lot zone to the F zone which is a specific plan zone for the purpose of developing a regional commercial center. The rezoning request is a direct response to the future Twin Peaks interchange. The new interchange provides viable east and west access for residents in addition to creating a functional intersection capable of handling this type of proposal at that comer. The specific plan proposes a mix of commercial uses including retail, office, financial, medical, and entertainment and provides the opportunity to add a residential component on the second or third stories in conjunction with the ground floor commercial use. They are recommending a minor general plan amendment to master planning area for the site in conjunction with the specific plan. The new Twin Peaks interchange is scheduled to begin construction in 2008. As a condition of approval issuance of any certificate of occupancy will be contingent upon the Twin Peaks interchange being open to serve the site. The developer shall be responsible for roadway, drainage and utility costs of the 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 7, 2007 Twin Peaks interchange as described in the development agreement which is pending at this time. Upon completion of the Twin Peaks interchange access to the site will be provided off of Camino de Manana and realignment of Linda Vista Boulevard. The main point of access will be provided off of the Camino de Manana alignment and is proposed to be signalized. The site analysis proposes open space in the form of large retention areas along the eastern and southern portion of the property. These retention areas are being proposed and will be landscaped. The applicant has retained Westland Resources to provide additional environmental consultant work on the proposed project. The majority of the property consists of the upland areas that support widely scattered creosote bush dominated habitat and other common Arizona upland species. The applicant is proposing to provide the town with an environmental mitigation fee. When the original project came in over a year ago, the determination was made that the riparian areas that were identified were not critical or not significant. Because it was not determined to be significant that the protection of them was not warranted or not required by code. Carolyn Campbell, Coalition for Sonoran Desert Protection, addressed Council and thanked the town for working the next phase of a habitat conversation plan. She stated on the map of Marana's General Plan there are two significant riparian areas on this site and with Title 17 it states with those riparian areas there are no exceptions in terms of leaving those riparian areas alone. She stated they have a question about protecting natural resources onsite. In the proposal there is a letter from Westland Resources that they will want to do offsite mitigation for the natural resources as it is being proposed as a 100 percent impact onsite. They want to make sure that is adequate and in the proposal it does not adequately reflect what they see as mitigating offsite and it does not reflect the land values in the area that would be mitigated. She referred to technical assistance from U.S. Fish and Wildlife Service which is laid out in the proposal and believes that has not been done. She asked for continued advice and technical assistance from Fish and Wildlife Service. Mayor Honea asked if the issues are in the development agreement. Ms. Campbell stated the issue of Title 17 and compliance with the land use code is an issue in the rezoning, as well as seeing a site resource inventory. She stated the support for the rezoning would be contingent on working out the issues both in the rezoning and in the development agreement. Council Member McGorray asked Mr. Cassidy if they could proceed with rezoning without it affecting the Westland report and riparian areas. Mr. Cassidy stated they can proceed with the rezoning without the development agreement. In the draft development agreement it does not actually require any particular amount. It says to the extent that an 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 7, 2007 environmental mitigation amount is paid that would be subject to reimbursement, but it doesn't require that there be any particular amount. The detennination was made that there were not significant riparian areas on the site and therefore under our code the staff review determination was that there was not an obligation to set aside these so in the draft development agreement they did not require that there be an environmental mitigation fee. If the Council wanted to require that there would be two ways to do that. One would be to make it a condition of the specific plan approval or alternatively it could be inserted into the development agreement, but to be certain that happens is to wait for the development agreement to be redrafted and brought to Council so it can be approved at that time. Mr. Reuwsaat stated that the development agreement is a must for the developer on this property. He stated we are requiring substantial public improvements. He stated if the zoning passes that the project is not going to go without the development agreement. Mr. Cassidy referred to and read provision 17.01.01 and stated it uses the language unique and significant ridges, peaks, riparian areas, wildlife corridors. Jim Tress, Westland Resources, addressed Council regarding the significance of the riparian habitats on the site. One of the early reports on this property was sited in the staff report and their conclusion was that the riparian habitat on the site was not of significant or unique value in the context of Marana. There are many habitats in Marana of much greater value. They have had the opportunity since the report was written to go out and measure the values of the habitat on that site and to review the available mapping that was site and the habitat on site comes out at a low and low moderate rate when compared to other riparian habitats in and around Marana and Pima County. He stated it is their opinion that the riparian habitat which are very sparse, one tree and then a long distance which is some creosote and then another tree, are of low value when you look at types of riparian habitat that are often sited for protection. Vice Mayor Kai asked how the value of the $455,000 for the acres loss was generated and what factors were taken into account for that. Mr. Tress stated after having a meeting with the Coalition and staff and talking about various options they went back to the town's resource maps. They looked at the general plan and the northern portion of this property was identified as environmentally sensitive lands within the town. That totaled approximately 17 acres. They then looked at some of the standard conservation strategies that have been used in Marana, Pima County and other communities and identified a thirty percent net surface disturbance ratio as a means of generating the acreage of mitigation to be provided by the applicant. If all 17 acres were to be impacted as planned how many acres of off site 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 7, 2007 mitigation would need to be provided and through that analysis they came up with about 2.3 to I ratio or about 39 acres of land to be protected. Then they looked at other development agreements that have been approved. The one specifically looked at was the one developed for Willow Ridge and it identified a roof top impact fee of $6,400 per unit to fund conversation measures within the town. They estimated how many residents could be established on the 17 acres and came up with their value. Vice Mayor Kai asked if it was taken into account if the Coalition took the money to buy mitigation land and it is more expensive now if they could get the job done with those funds. Mr. Tress stated it depends on how it is done, how it is accomplished and what is being done with that money. He stated they had no specific project to earmark. Various opportunities included cultural and historic preservation within the town, restoration within the town. They looked for a method that was tied to mapping done by the town and something that was consistent with previous development agreements. The actual use of the funds was going to be left to the discretion of the town to meet its conservation and environmental objectives. Mr. Reuwsaat stated he will be going out and looking at parcels with one in particular and will be looking at it with some possible recommendations to contribute towards it. He stated his recommendation is to move forward with the specific plan. Council Member Clanagan stated he had suggested and the applicant is indicated a willingness to build a full service police station in proximity to this project. The community policing module can do an excellent job in providing law enforcement services to the residents on the east side of I- 10, as well as the customers, retail owners who frequent this establishment and because the proximity to I- 10 it has a propensity to provide an opportunity for individuals who are engaged in criminal activity to try and target shoppers and shop owners because they feel they have immediate access to the interstate and therefore the ability to escape apprehension. Mr. Cassidy stated Mr. Kish mentioned that there a couple of conditions that refer to the development agreement. Number two states the ultimate development proposed by this rezoning shall be consistent with the adopted development agreement. He stated he would recommend that condition be stricken. Paragraph five, condition five, says the developer shall dedicate or cause to have dedicated the necessary rights of way for Camino de Mariana and Linda Vista Boulevard as agreed upon in the development agreement. He stated he recommends striking the words as agreed upon in the development agreement. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 7, 2007 Upon motion by Council Member Ziegler, seconded by Council Member Clanagan, Ordinance No. 2007.19 with conditions, striking number two out of the recommended conditions of approval and number five striking as agreed upon in the development agreement was approved 5-0. 3. Resolution No. 2007-136: Relating to Development; approving and authorizing a Town Addressing Manual to assist town employees in providing addressing services to the citizens of Marana (Joe Lettrick) Mr. Hay stated this was an item presented last month. We will be taking over services done previously by Pima County. It was our information that costs for continuing this agreement with Pima County would be rising significantly and it was determined that not only could we handle these services better in- house through our GIS staff, but also provide a greater service to our customers alleviating their need for a trip downtown to get addresses for a new development, homes, etc. Council Member McGorray asked if in this process they will accumulate a data bank for every address that is in Marana even though there are different zip codes. Mr. Hay stated prior to July I't we received our information from the County via the GIS system they use. He stated we have that ability. Upon motion by Council Member McGorray, seconded by Council Member Clanagan, Resolution No. 2007-136 was approved 5-0. 4. Resolution No. 2007-137: Relating to Facilities; establishing guidelines and procedures for the naming of town-owned facilities (Josh Wright) Mr. Wright addressed Council and stated this item establishes guidelines and procedures for the naming of town owned facilities. This was previously presented at a study session on June 12 1h . The procedure and guidelines are the same as presented at the June 12 th meeting with one exception. There was an indication by Vice Mayor Kai that we should add a process for removing the name or renaming a facility that needs to be done at some point so that has been added to the language of this resolution. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, Resolution No. 2007-137 was approved 5-0. 5. Resolution No. 2007-138:, Relating to Community Development: Granting Discretionary Funding in the amount of $5,000 to the Mountain View High School Teen Court, a student-run grassroots organization, to support the development of their Mock Trial program. (T. VanHook) Ms. VanHook addressed Council and introduced Yahya Yuksel, 7913 N. Roundstone Drive, Tucson 85741, a senior at Mountain View High School 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 7, 2007 and the President of the Mock Trial Teen Court. The students are asking for funding of $5,000 to get the classroom together. Mr. Yuksel addressed Council and stated some of the programs he has participated in. He stated Mountain View is ready for teen court. He stated students are very eager. The mock trial class has participated in various competitions. They have done mock trials and one mock teen court trial. About 16 people have passed their bar which is their final. They have enough people certified to be lawyers and judges. Supporting this program is the Principal, Jill Atlas, and their teacher and advisor, Darlene Galloway. He thanked Joe Teta for coming to Mountain View observing and giving suggestions and thanked the Marana Council for suggesting the PGA donate to teen court. Upon motion by Council Member McGorray, seconded by Council Member Clanagan, Resolution No. 2007-13 8 was approved 5-0. K. BOARDS, COMMISSIONS AND COMMITTEES 1. The Council sitting as the District Board for the Gladden Farms CommunitV Facilities District; approval of the minutes of the July 17 1) 2007 District Board meeting. 2. The Council sitting as the District Boarda for the Vanderbilit Farms Community Facilities District; approval of the minutes of the July 17, 2007 District Board meeting. Upon motion by Council Member Clanagan, seconded by Vice Mayor Kai, the District Board minutes for Gladden Farms and Vanderbilt Farrns were approved 5-0. L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE _SESSIONS. Upon motion by Council Member McGorrary, seconded by Council Member Clanagan Council voted to go into Executive Session. Upon motion by Council Member McGorray, seconded by Council Member Clanagan, direct staff and the negotiating team on behalf of the town to proceed as discussed in the Executive Session was approved 5-0. N. FUTURE AGENDA ITEMS 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 7, 2007 0. ADJ )U [MEN Upon motion by Council member Clanagan, seconded by Council Member McGorray, Council voted to adjourn. CE rIFIC-ATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 7, 2007. 1 further certify that a quorum was present. Bronson, Town Clerk ??J-ocel?yn. B?ronso?!, '0? jz',4F ORPORATe SEAL -471 10