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HomeMy WebLinkAbout10/21/2008 Regular Council Meeting Minutes~..~" _. P"",.""" ""1 ~~~~~ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive,. Marana, Arizona 85653 Council Chambers, October 21, 2008, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR MEETING 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 Jon Post Excused: Council Member Roxanne Ziegler Staff Present: Town Manager Gilbert Davidson, Assistant Town Manager Deb Thalasitis, Town Attorney Frank Cassidy, Town Clerk Jocelyn Bronson PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Cub Scouts Den 6, Pack 219 led the pledge of allegiance and Mayor Honea led the moment of silence. APPROVAL OF AGENDA Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post. Council Members Absent: Ziegler. CALL TO THE PUBLIC David Morales addressed Mayor and Council: "What I'm going to say is going to sound complicated but I'm going to say it the best way I know how to say it. It deals with dynamics. The dynamics of everything has changed. Today copper is $2.02. A year ago is was $4.37. The state of Arizona next year is going to have a tremendous shortfall because of this and. I'm sure you've heard that they are putting those travel trailers in Morenci for the miners and all that. And that was the only hope that the State of Arizona had, but now it's gone.. In 1939 Fort Bliss. Texas had 10,000 horses. They still believe in the Calvary. December 7,.1941, what good did those 10,000 horses do, they.were wasted. Once upon a time at every street ,corner, there used to be a gas station, and at that gas station you could have your oil changed, tires fixed, cars fixed, you know, it was a little bit of everything. They're gone now. Now we got self service gas stations. So the Town needs for somebody to come up with a new idea. That's the point of what I'm trying to say. The Town was formed with Cortaro Water Users, I've given you their minutes so you know what I'm talking about. The Town was in this straits, about 15 years ago, and we annexed the south end annexation which is Costco, and that gave the Town the foundation. And if the Town doesn't change the way it does business, it's not going to survive. And I've given you, the best example I can give you is Fort Bliss, 10,000 horses, what good did it do? And um, I just hope and pray that somebody comes up with a new idea that can help the Town because if not, I hate to think what's gonna happen. I thank you for your time." PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson stated that a Council Executive report will be provided bi-weekly and included in future Council packets. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Carol McGorray. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post. Council Members Absent: Ziegler. C 1: Resolution No. 2008-132: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 14 (Club) liquor license submitted by Kenneth Willard Depew on behalf of The Ritz-Carlton Golf Club, Dove Mountain located at 6501 Boulder Bridge Pass C 2: Resolution No. 2008-133: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by William Ward Mack on behalf of Dove Mountain Grill located at 12130 N. Dove Mountain Blvd., Suite 194 C 3: Resolution No. 2008-134: Relating to Liquor Licenses; approval and recommendation, to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Stephen Sherwood Baker on behalf of Monsoon's Grill located at 8235 N. Silverbell Road, Suite 105 C 4: Resolution No. 2008-135: Relating to development; approving the release of a Private Improvement Agreement for Safeway Store #1749, acceptance of public improvements for maintenance C 5: Resolution No. 2008-136: Relating to Development; approving and authorizing a development plan for the Paley Building C 6: Resolution No. 2008-137: Relating to the Police Department; approving and authorizing the appointment of three Council members to the Contract Review Committee for the Meet and Confer Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Association; approving and authorizing the appointment of one of those Council members as chair of the Contract Review Committee; and declaring an emergency C 7: Minutes of the September 3, September 16, and October 7, 2008 regular council meetings and the September 9, 2008 special council meeting COUNCIL ACTION A 1: Resolution No. 2008-138: PUBLIC HEARING: Relating to Development; approving and authorizing a conditional use permit fora 24-hour fitness studio in a commercial development at 8235 N. Silverbell Road Lisa Shafer addressed Council regarding a 24-hour fitness studio that is requesting a conditional use permit. She stated that the applicant had previously applied for a permit but it was not approved at that time. Ms. Shafer stated that the applicant has re-applied and that staff has not received any opposition to the studio. She further stated that staff recommends approval of the 24-hour fitness studio. Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Patti Comerford. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post. Council Members Absent: Ziegler. A 2: Resolution No. 2008-139: PUBLIC HEARING: Relating to Development; approving and authorizing a conditional use permit for the operation of a car wash within the Safeway Plaza, a commercial development at 9140 N. Silverbell Road Lisa Shafer addressed Council regarding a request for a conditional use permit for a car wash in the Silverbell Corridor Overlay District. Ms. Shafer stated that the Planning Commission had recommended approval of the car wash. on September 24, 2008. The applicant has agreed to restrict their hours of operation from 7 am - 9 pm. Ms. Shafer stated that staff recommends approval of this conditional use permit. Motion: Approve ,Moved by Council Member Russell Clanagan, Seconded by Council Member Herb Kai. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post. Council Members Absent: Ziegler. A 3: Resolution No. 2008-140: PUBLIC HEARING: Relating to development; approving and authorizing a conditional use permit to allow the development of . anew wireless: communication facility. at 5541 W. Linda Vista Boulevard Lisa Shafer. addressed Council regarding a request for a conditional use permit. for the development of a new wireless facility. The item was heard by the Planning Commission on September 24, 2008 and comes to Council with the Commission's vote of 4-2. Staff received 2 letters of opposition for this item-and copies were given to Council prior to the meeting. Ms. Shafer stated that staff recommends approval of the facility. Bret Summers, 5448 W. Red Racer Drive, addressed Council representing the Hartman Vistas Neighborhood .Association. He stated that the Association opposes the location of the wireless communication facility and that they feel they did not receive adequate notification that the site was being considered. He submitted a copy of a resolution that the Hartman Vistas Neighborhood Association passed which opposes the facility. Mr. Summers stated that the association is willing to work with council to mitigate the concerns and problems that it sees. Shirley Garza, 5518 W. Red Racer Drive, turned in a speaker card but chose not to speak when called. Paul Adler, 5588 W. Red Racer Drive, addressed Council regarding his opposition to the proposed wireless facility. He stated that the proposed location needs to have more greenery, such as palm trees, so that the structure can be covered as much as possible. Mayor Honea asked if the elevation of the water towers is already higher than Hartman Vistas. Brad DeSpain stated that they are elevated about 20 feet for fire protection. Mayor Honea asked if the proposed trees have height restrictions. Steve Olsen, representing Crown Communications, stated that trees would be 45-55 feet tall. Mayor Honea asked him if he would be prepared to accept that statement as a stipulation. Mr. Olsen said that would not be a problem and that if his client would have no opposition. Mayor Honea asked if there would be any other dishes or attachments to the palm tree tower. Mr. Olsen stated that there are no other attachments proposed at this time. He said that the site is designed to accommodate two wireless carriers. The wires for one carrier are concealed within the branch canopy of the palm tree and that the second carriers wires would flush mount to the pole structure and would then be covered. Mr. Olsen also stated that the Town has asked for permission to attach some of their radio equipment at a lower height at some point in the future. Mayor Honea expressed concern about the palm tree becoming a steel pole with a multiple dishes on it. Mr. Olsen stated that this design would conceal the antennas as best as possible and that if a second carrier came along in the future those wires would also be concealed. Council Member McGorray asked how the applicant planned to conceal the attachments that the Town had asked permission for. Mr. Olsen stated that it depends on the design of the antennas and where they would be located. Brad DeSpain stated that there are already antennas there and that those would simply be replaced so line of sight would be available as other utilities go in further up Camino de Mariana. He stated that they would be a maximum of 30 feet high. ~ . Council Member Clanagan asked for clarification on the attached photos. Ms. Shafer stated that the distance from the nearest residence to the proposed site is approximately 490 feet, with the nearest residence to the east 1700 feet away and the nearest residence to the west 1000 feet away. Council Member Clanagan also asked for an overview of what took place at the Planning and Zoning meeting regarding the proposed site at Continental Ranch and what was done with that. Ms. Shafer stated that at the Planning Commission meeting in September, the applicant agreed to take a continuance and meet with the HOA prior to coming back. The Planning Commission has met with the HOA and they will meet at their next Planning Commission meeting tomorrow. She clarified that the Planning Commission did not vote to deny the item, they only voted to continue the item. Council Member Clanagan asked for Ms. Shafer to put the map of Red Racer Drive on the overhead. Mr. Summers showed :where his residence is located as well as his neighbors who were present at the meeting. Council Member Clanagan asked if Mr. Summers thought that the proposed site was in fact approximately 490 feet away. Mr. Summers stated that he was unsure. Mr. Adler commented about the photo attached to the Council Packet, showing where his home and his neighbors home are located. Vice Mayor Kai asked if there was a gap in service in the area and if that was the reason for relocation to this area. Mr. Olsen stated that the purpose for the site is to handle most of the call volume when the new Twin Peaks Interchange goes up. Council Member Comerford commented on a letter received by Mr. Summers in September regarding alternative sites for the wireless facility. Mr. Summers stated that the association is willing to work with the applicant and the Town to mitigate any issues. Mr. Olsen stated that there were discussions about other sites, but because of high voltage and underground utility lines locations, utility poles would not be a feasible location. Vice Mayor Kai asked what minimum height the palm tree could be lowered to instead of the proposed 65 feet. Mr. Olsen stated that the heights of the cell sites are set by the network engineers. He also stated that the proposed design does mitigate as per code requirement. Motion: Approve, Moved by Council Member Jon Post, Seconded by Council Member Russell Clanagan. Failed. 3-3. Council Members voting Aye: Clanagan, McGorray, Post. Council Members voting Nay: Comerford, Honea, Kai. Council Members Absent: Ziegler. Herb Kai moved for approval with the condition that the maximum tower height not exceed 50 feet. Jon Post asked for the applicant to speak on the proposed height, as this proposed height may not do any good. Mr. Olsen stated that a 15 foot decrease in height would definitely cause a loss in service area and that the site would most likely not work as intended. Motion: Approve w/ Conditions, Moved by Council Member Herb Kai, Seconded by Council Member Russell Clanagan. Failed. 1-5. Council Members voting Aye: Kai. Council Members voting Nay: Clanagan, Comerford, Honea, McGorray, Post. Council Members Absent: Ziegler. Council discussed and decided to continue the item to the November 18, 2008 Council meeting. Motion: Continue; Moved by Council Member Patti Comerford; Seconded by Council Member Jon Post. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post. Council Members Absent: Ziegler. A 4: Resolution No. 2008-141: Relating to Real Estate; approving and authorizing the Mayor to execute an Option and Ground Lease Agreement with Crown Communication, Inc., for the lease of a cellular telephone tower on land owned by the Town of Marana at the Hartman Hills water reservoir site Discussion to continue this item to the November 18, 2008 meeting. Motion: Continue, Moved by Council Member Jon Post, Seconded by Council Member Patti Comerford. Passed. 6-0. Council Members voting Aye: Clanagan; Comerford, Honea, Kai, McGorray, Post. Council Members Absent: Ziegler. A 5: Resolution No. 2008-142: Relating to development; approving and authorizing a preliminary block plat for The Villages of Tortolita, blocks 1-48, well sites 1 & 2, and common areas 'A' through 'H,' 'J' and 'K' Vice Mayor Kai declared a conflict of interest and left the dais. Kevin Kish addressed Council regarding a preliminary block plat for the Villages at Tortolita. He gave an overview of the land use plan and stated that staff recommends approval of this preliminary block plat. Motion: Approve, Moved by Council Member Jon Post, Seconded by Council Member Russell Clanagan. Passed. 5-0. Council Members voting Aye: Clanagan; Comerford, Honea, McGorray, Post. Council Members Absent: Ziegler. A 6: Resolution No. 2008-143: Relating to development; approving and authorizing a preliminary plat for Tapestry Estates, Lots 1-61, Common Area 'A' (Private Streets), and Common Area 'B' (Functional Open Space) Vice Mayor Kai returned to the dais. Kevin Kish stated that the proposed preliminary plat meets the criteria of the development agreement. Access for the development would be private gated access.. Mr. Kish stated that staff recommends approval of this item. Council Member Comerford asked for clarification on the access to the development. Mr. Kish gave a visual of how access would be developed in the area. Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Carol McGorray. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post. Council Members Absent: Ziegler. A 7: Relating to Mayor and Council; authorizing and directing the Manager to execute the logistics for a Town Council strategic planning retreat not to exceed $9,500.00 in total cost Gilbert Davidson stated that this item would be to approve logistics for the Strategic Planning Retreat. Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Carol McGorray. Passed. 6-0. Council Members voting Aye: Clanagan; Comerford, Honea, Kai, McGorray, Post. Council Members Absent: Ziegler. A 8: Resolution No. 2008-144: Relating to Mayor and Council; amending the implementation of Mayor and Council vehicle and phone allowances under Resolution No. 2008-86; adopting an alternative Mayor's vehicle allowance; and declaring an emergency Mayor Honea declared a conflict of interest and left the dais. Frank Cassidy stated that this resolution would be to set vehicle and phone allowances and to adopt a monthly vehicle allowance for the Mayor. Motion: Approve, Moved by Council Member Jon Post, Seconded by Council Member Russell Clanagan. Passed. 5-0. Council Members voting Aye: Clanagan, Comerford, Kai, McGorray, Post. Council Members Absent: Ziegler. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION Mayor Honea returned to the dais. EXECUTIVE SESSIONS E 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. E 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 (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. Council and staff went into Executive Session for items E2 and E3 at 8:10 pm Motion: to go into executive session, Moved by Council Member Russell Clanagan, Seconded by Council Member Carol McGorray. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post. Council Members Absent: Ziegler. E 3: Executive session pursuant to A.R.S. § 38-431.01(A)(4) for discussion and consultation with the town's attorneys regarding negotiations with Cortaro-Marana Irrigation District and Cortaro Water Users' Association arising out of the 1997 intergovernmental agreement between the Town of Marana, the Cortaro-Marana Irrigation District, and the Cortaro Water Users' Association FUTURE AGENDA ITEMS ADJOURNMENT Motion: to adjourn, Moved by Council Member Patti Comerford, Seconded by Council Member Russell Clanagan. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post. Council Members Absent: Ziegler. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 21, 2008. I further certify that a quorum was present. 0~~~+~oF~~~®®~I,~ r /-o~ CORPORATE ~ a .. o00 _ .. celyn C. ronson, Town Clerk 3 = S,~i Aj,, ~y~eieenn--~~,e`s `+