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Home My WebLink About09/03/2008 Regular Council Meeting MinutestnWN nF r , ~~ n~;aizaNa gRILV~~P REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 September 3, 2008, at or after 7:00 p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL Present: Mayor Ed Honea, Vice Mayor Herb Kai, Council Member Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Roxanne Ziegler Absent/Excused: Council Member Jon Posz B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE - C. APPROVAL OF AGENDA Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. Passed 6-0. D. CALL TO THE PUBLIC David Morales spoke regarding the issue of becoming a city to be put to a vote of the people. Mr. Morales noted that he had brought this issue before Council previously. Mr. Morales went on to explain why it would be important to become a city and cited examples of the differences between a city and a town. E. PRESENTATIONS - ANNOUNCEMENTS/UPDATES - PROCLAMATIONS -Silver Star Day (Jocelyn Bronson) Ms. Bronson read the proclamation. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS F. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS - Mr. Davidson asked Ms. Bronson to read a letter of appreciation from the Mayor to Lilia R. Grijalva, who will be celebrating 30 years with the Town on September 4, 2008. Mayor Honea gave some personal remarks about Lily and her integrity. H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA Motion: Approve, Moved by Vice Mayor Herb Kai, Seconded by Council Member Russell Clanagan. Passed 6-0. SOWN o,~ 9 h~niza~a gRIZONP REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 September 3, 2008, at or after 7:00 p.m. 1. Resolution No. 2008-110: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new license for a No. 12 (Restaurant) liquor license submitted by Javier Andres Teran on behalf of Nana's Kitchen, L.L.C., 8225 N. Courtney Page Way, Suite 129 (Jocelyn Bronson) 2. Resolution No. 2008-111: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new license for a No. 12 (Restaurant) liquor license submitted by David Elliott McGuire on behalf of Monkey Business Eatertainment, 8581 N. Silverbell Road (Jocelyn Bronson) 3. Resolution No. 2008-112: Relating to Community Development; granting $40,000 in discretionary funding to the Marana Chamber of Commerce, Inc., an Arizona 501 (c) (6) non-profit organization, to support the Marana Visitor Center and economic development activities performed on behalf of the Town of Marana (T. Van Hook) J. COUNCIL ACTION 1. PUBLIC HEARING. Resolution No. 2008-113: Relating to Development; approving and authorizing a conditional use permit fora 24-hour fitness studio in a commercial development at 8567 N. Silverbell Road (Kevin Kish) Mr. Kish presented this item and then Mayor Honea asked for speakers during the public hearing. David Carroll spoke on behalf of his tenant, SNAP Fitness, and expressed support as well as support for Anytime Fitness, a competing business if they go through a condition use permit. Tyler Smith, general manager and part owner of the franchise. He noted that nationally, franchisees have not had any security issues for the additional early morning hours that they have been open. He stressed that the additional hours make them competitive with the `big box' fitness centers and this would help them stay with the business model that has been successful elsewhere. Their facility is being marketed as more of a community facility and not to potential members outside of the service area -marketing to approximately the Gladden Farms area and no further. Council Member Clanagan asked if the applicant would have a problem with the proximity of Anytime Fitness. Mr. Smith didn't feel that this would be a problem. Mr. Lee Johnson addressed Council on behalf of the group representing Anytime Fitness. He indicated that Anytime Fitness has been operating for two years after they were turned down by the Planning Commission for 24-business. He supports the resolution based on any facility based on a level playing field. tc1WN OF 1 ' ` , 9 MAR,4NA ~ ^I~tIZON~' REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 September 3, 2008, at or after 7:00 p.m. Mayor Honea indicated that Anytime Fitness could come back and asked for a conditional use permit. Council Member Clanagan asked Mr. Davidson to give a report as to whether any incidents were reported over the past two years, and he indicated that there were no incidents reported. Council Member Ziegler also expressed support. Motion: Approve with conditions, Moved by Council Member Russell Clanagan, Seconded by Council Member Roxanne Ziegler. Passed 6-0. 2. Resolution No. 2008-114: Relating to Development; approving and authorizing a development plan for China Buffet (Kevin Kish) Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. Motion passed 6-0. 3. a. Resolution No. 2008-115: Relating to Development; approving and authorizing a preliminary plat for Ironwood Acres (Kevin Kish) Mayor Honea asked the applicant, Ron Asta, why they desire private streets for only 35 homes. Mr. Asta replied that they would like to have a gated community and must have private streets for that. Mayor Honea also asked about the provision of water and noted that he had spoken to Mr. DeSpain on the issue. Motion: Approve, Moved by Council Member Roxanne Ziegler, Seconded by Council Member Russell Clanagan. Motion passed 6-0. b. Ordinance No. 2008.20: Relating to Development; approving and authorizing a modification to the rezoning conditions of Ordinance No. 2006.30 (Kevin Kish) Mr. Kish noted that the applicant is asking for the removal of condition 17 from the original ordinance. Staff is recommending that no modification be made. Mr. Asta presented an illustration to demonstrate why he is asking for the sewer modification. Mr. Davidson concurred with staff that additional review is necessary before Council can act on this. Motion to deny: Moved by Council Member Russell Clanagan, Seconded by Council Member Roxanne Ziegler. Passed 6-0. K. BOARDS, COMMITTEES AND COMMISSIONS L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Legislative Issues: Discussion/Direction/Action regarding all pending legislation (Stephen Romero) There were no issues for discussion. M. EXECUTIVE SESSIONS ~nwN of v M,ARANA ~ ,r>.: gRIZONP REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 September 3,.2008, at or after 7:00 p.m. 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131. 3. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers 226-15-008B, -017B, - 018B & -019A; 221-04-OOSB, 226-36-OOSB & -OOSC; and 226-08-0190; and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT Action: Adjourn, Moved by Council Member Clanagan, Seconded by Council Member McGorray. Passed 6-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 3, 2008. I further certify that a quorum was present. celyn C. ronson, Town Clerk