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HomeMy WebLinkAbout11/05/2002 Regular Council Meeting MinutesII. IlL PLACE AND DATE Marana Community Center, November 5, 2002 CALL TO ORDER By Vice Mayor Kai at 7:05 p.m. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kai INVOCATION[MOMENT OF SILENCE An invocation was given by Brad DeSpain. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Herb Kal Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray STAFF Mike I-Iein Mike Reuwsaat Dan Hochuli Jim DeGrood Jocelyn Entz Joel Shapiro Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Excused Present Present Present Present Present Present Town Manager Present Assistant Town Manager Present Town Attorney Present Development Services Admin. Present Town Clerk Present Planning & Zoning Director Present Attached is a list of public attendees. APPROVAL OF AGENDA Upon motion by Council Member Blake, seconded by Council McGorray, the agenda as written was unanimously approved. Member ACCEPTANCE OF MINUTI~,.~ Upon motion by Council Member Escobedo, seconded by Council Member Honea, minutes of the regular Council meeting held on October 15, 2002 were unanimously approved. CALL TO THE PUBLIC/ANNOUNCEMENTS Marvin Kirchler, representing Attention Transit Advertising, spoke before the Council regarding bus shelters in the town. Jocelyn Entz announced that campaign packets would be available to any potential candidates on November 12, 2002 through the Town Clerk's office. She listed the various forms included in these packets such as nomination papers, affidavits of qualification, nomination petitions, financial disclosure forms, political committee statement of organization forms, and $500 threshold exception statement forms. She concluded with stating that she would also have this information available at the November 19, 2002 Council meeting. Ms. Entz presented Council Member Honea with a Local Elected Official Distinguished Service award for his many years of dedication to the Marana community. Vice Mayor Kal read a proclamation into the record honoring Ed Cook, Arizona Daily Star reporter, for his honest reporting of local events over the years. Mr. Cook is retiring from the regional newspaper this month. Michael Racy reported on the 204 Annual Southern Arizona Aerobatic Club Contest, recently held at the Marana Northwest Regional Airport. He said that this three day event was enormously successful and that all of the participants had thoroughly enjoyed their stay in the Marana area. He presented the Council with a Tequila Cup 2002 appreciation award for the Town's support with the activities coordination. Roberto Rios, Director of Pascua Yaqui Tribe Development Services, gave a brief presentation regarding the clean-up of the Yoem Pueblo village in Marana and thanked the town for its participation and assistance. STAFF REPORTS There were no questions regarding staff reports. GENERAL ORDER OF BUSINESS CONSENT AGENDA 1. Resolution No. 2002-112: Renewal of Intergovernmental Agreement with Pima County to allow for participation in the mutual aid and emergency response by the Hazardous Materials Team for a three-year period (Mike Hein) 2. Resolution No. 2002-114: Consideration of recommendation to State Liquor Board for a new license for a No. 10 (beer and wine store) liquor license application submitted by Klm Kenneth Kwiatkowski on behalf of CIRCLE K #5537, located at 4900 W. Ina Road (Jocelyn Entz) 3. Resolution No. 2002-120: Brake Max 7Lot Split= Request for approval of a lot split for Lot 3 of Continental Ranch Parcel 63A (Joel Shapiro) 4. Resolution No. 2002-121: Agreement between Town of Marana and Gladden Farms, LLC., a Nevada limited liability company for Construction of Potable and Non-Potable Water Faeilities and Provision of Water Utility Service (Brad DeSpain) 5. Resolution No. 2002-122: Agreement between the Town of Marana and BKW Farms for the Monitoring and Operation of the Marana High Plains Effluent Recharge Facility (Brad DeSpain) Upon motion by Council Member Escobedo and seconded by Council Member McGorray, the Consent Agenda was unanimously approved. COUNCIL ACTION Resolution No. 2002-119: Request for approval of an Intergovernmental Agreement between Pima County Library District and the Town of Marana for the initial construction, design, operation, maintenance and ownership of a new public library in Continental Ranch (Mike Hein) Mr. Hein addressed the Council regarding this item. He briefly recounted the history of this joint effort by the Town and the Pima County Free Library District. He stated that the establishment of a public library in the Continental Ranch area would provide the mechanisms to facilitate an improved educational system within the area as well as clearly articulate a long standing pledge by the Town Council to its citizenry, to provide high-quality service to all Marana residents. 3 Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2002-119 was unanimously approved. 2. PUBLIC HEARING. Ordinance No. 2002.20 and Resolution No. 2002- 116: (Previously scheduled on the October 15, 2002 agenda.) Proposed amendment to the Land Development Code of the Town of Marana, by amending Title 6 - Subdivisions dealing with subdivision requirements, processing, design standards and adding minor land division and other various issues, and declaring Title 6 as amended a public record (Joel Shapiro) Jim DeGrood spoke before the Council regarding this item. He said that the Town staff and the Southern Arizona Home Builders Association (SAHBA) Marana Technical Subcommittee had worked together to construct the draft of the Land Development Code. He commented that the proposed code would address the concerns and issues voiced by the development community, the Town, future residents and business owners. He pointed out that the draft document was basically a re-write of the current ordinance, including proposed amendments that would provide a much clearer set of requirements and expectations. He pointed out that regulations regarding land splits and provisions for acquiring the necessary rights-of-way and minimum improvements associated with land splits were also included. He said that the changes would further enhance and provide specific direction geared toward the Town's expectations when developing and splitting property within its boundary. He added that a section for Conservation Subdivision Standards had been reserved and would provide for design flexibility in sensitive areas. Mr. ???? relayed that the proposed draft had also incorporated streamlining efforts, thus making the code more user-friendly and thorough. He explained that the changes represented an improved level of detail for the Town's review standards. Upon motion by Council Member Blake, seconded by Council Member Honea, unanimous approval of Ordinance No. 2002.20 and Resolution No. 2002-116 was given. 3. PUBLIC HEARING: Resolution No. 2002-123: Town of Marana General Plan Growing Smarter Update: Request to amend and update the Town of Marana General Plan for conformance with Growing Smarter and Growing Smarter Plus State legislation. This update also represents changes in conditions and policies since the current General Plan's adoption in February 1997. (Joel Shapiro) Joel Shapiro presented this item before Council. He gave a brief explanation of the Growing Smarter Legislation requirements. He explained the four elements included in the Town's current General Plan, adopted in 1997, and said that because a number of conditions within the Town had changed over the years, modification of the original document was in order. Mr. Shapiro listed several significant changes affecting the development of Northwest Marana including the potential for several environmentally sensitive areas being federally designated as endangered Pygmy Owl habitat, the acquisition of the Marana Northwest Regional Airport from Pima County, and the Town's plans for the Town Core area. He pointed out that these factors shifted Northwest Marana into the focus of future development. He outlined the update process, saying that it moved rapidly after the formal adoption of the Public Participation Plan. He noted that critical input from Town officials had been obtained as well as valuable guidance from Town documentation, focus groups, neighboring municipalities, State agencies, and regional and county authorities. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Resolution No. 2002-123 was unanimously approved. PUBLIC HEARING: Resolution No. 2002425: Tangerine Hill~ General Plan Amendment: Request initiated by the Town of Marana to change the current Land Use Designation on the Future Land Use Map of the General Plan for the Tangerine Hills Specific Plan area from Medium to High Density residential; Commercial: Community; and Open Space: Recreational to a designation of "Low Density ResidentiaL" on approximately 196 acres, generally located south of Tangerine Road and west of Camino de Oeste, within Section 1, Township 12 South, Range 12 East (Joel Shapiro) Jim DeGrood addressed the Council on this item. He gave a brief history of the amendment request. He said that, after working with the owners and their representatives, it had been determined that the appropriate action for this property was to amend the Future Land Use Map within the Marana General Plan, to abandon the Specific Plan and to designate the affected parcels to a uniform land use of "Low Density Residential". Upon motion by Council Member Comerford, seconded by Council Member Blake, Resolution No. 2002-125 was unanimously approved. PUBLIC HEARING: Ordinance No. 20fl2_9_~: Tangerine Hilla Rezone: Request initiated by the Town of Marana to change the current zoning designation from "F' (Tangerine Hills Specific Plan) to "R-36' ( Residential, 1 dwelling per each 36,000 square feet), on approximately 196 acres, generally located south of Tangerine Road and west of Camino de Oeste, within Section 1, Township 12 South, Range 12 East. Jim DeGreed spoke before the Council regarding this rezone request. He gave a short synopsis of the background and history of the effort and said that the Town felt that it was desirable to retain the rural character of the property. He explained that the land presented a challenge for deVelopment due to the natural drainages that bisect the project but that the R-36 zoning designation would afford the flexibility needed to protect riparian and habitat areas in conjunction with a 30% site disturbance limit. Upon motion by Council Member Comerford, seconded by Council Member Blake, Ordinance No. 2002.25 was unanimously approved. 6. PUBLIC HEARING: Resolution No. 2002-90: I-Iar~man I-Iill~ General Plan Amendment: (This item was continued from the September 17, 2002 Council Meeting.) A request initiated by the Town of Marana to change the current land use designation on the Future Development Plan Map of the General Plan for Hartman Hills Specific Plan Area, from Medium to High Density Residential; commercial: Community; and Open Space: Recreational; to a General Plan land use designation of "Low Density Residential" on approximately 431 acres, generally located south of the Camino del Norte alignment, west of Camino de Oeste, within portions of Sections 1, 11 and 12, Township 12 South, Range 12 East and a portion of Section 7, Township 12 South, Range 13 East (Joel Shapiro) Joel Shapiro gave a brief outline of this item. He said that this request was initially heard by the Planning Commission in December 2001. Following a deadline extension, determinations had been made to abandon the Ha~h~mn Hills Specific Plan, amend the General Plan designation to be Low Density Residential, and request the zoning be changed to R-36. He explained that the low density zoning was in conformance with the Low Density Residential use as stated in the current General Plan and the "draft" revised General Plan. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2002-90 was unanimously approved. 6 7. PUBLIC HEARING: Ordlnarlce No. 2002.18: Har~rn~n ~-1'~II~ Rezor..~: (This item was continued from the September 17, 2002 Council Meeting.) Request initiated by the Town of Marana to change the current zoning designation from "F" (Ha~iman Hills Specific Plan), with land uses of "medium density residential, medium-high density residential medium-high density residential high density residential, Commercial/Office, and Open Space/Natural Washes and Roads: to a zoning of "R-36 (Residential, 1 dwelling per each 36,000 square feet), on approximately 431 acres, generally located south of the Camino del Norte alignment, west of Camino de Oeste, within portions of Sections 1, 11 and 12, Township 12 South, Range 12 East and a portion of Section 7, Township 12 South, Range 13 East (Joel Shapiro) Mike Reuwsaat gave a brief explanation of this rezone request. He said that Town staff had determined that the appropriate action on this item was to request a General Plan amendment, abandon the Specific Plan, and request a rezoning of all the properties involved to "R-36". He noted that the Iow density zoning of "R-36' was in conformance with the Low Density Residential use as stated in the current General Plan and the "draft" revised General Plan. He reported that there was currently very little infrastructure in this rural area and that the vegetation was suitable habitat for the Cactus Ferruginous Pygmy Owl. He added that, due to the habitat sensitivity factors, Town staff had determined that it would be appropriate to condition this rezoning with conditions that would remain with the land should it be sold. Upon motion by Council Member Comerford, seconded by Council Member Escobedo, Ordinance No. 2002.18 was unanimously approved. Resolution No. 2002-124: Silverbell West Prollmlnar~ Plaf'~ Request for approval of a seven (7) lot subdivision on 23.54 acres located on the north side of Ina Road, 1/4 mile west of the intersection of Silverbell and Ina Roads, in a portion of Section 35, Township 12 South, Range 12 East (Joel Shapiro) Joel Shapiro presented this item before Council. He described this request as a plat that represented the lotting of the R-144 portion of the Silverbell West Development and that it was being submitted in this manner due to the uncertainties surrounding the realignment of Silverbell Road. He added that the R-36 portion of Silverbell West would be delayed pending resolution of that issue. He noted that a Homeowners Association would be formed to accept responsibility for maintenance, control, safety, and liability of drainage easements and that grading envelopes would be 7 required as a condition of approval of this plat. He said that the Yuma Wash would be left in a natural condition incorporating a public easement for a trail. Upon motion by Council Member Blake, seconded by Council Member Comerford, Resolution No. 2002-124 was unanimously approved. 9. Resolution No. 2002-126: Land exchange between Arizona Pavilions, Inc. (Jim DeGrood) Mike Hein spoke before Council regarding this land exchange item. He said that the action would allow for a greater amount of useable area on both affected parcels, that of the Town's 48 Acre District Park and that privately owned by Arizona Pavilions. He said that each of the properties would retain land areas in equal amounts to their original holdings after conclusion of this exchange. He recommended approval of this resolution. Upon motion by Council Member Blake, seconded by Council Member Honea, Resolution No. 2002-126 was unanimously approved. 10. Resolution No. 2002-127: Approving the formation of the Berry Acres Citizens Advisory Committee and the appointment of the initial committee members (Mike Reuwsaat) Mike Reuwsaat spoke to the Council and public regarding the possible formation of a special committee to deal with significant issues regarding the Berry Acres neighborhood. He said that, following a preliminary engineering analysis of the area, reclassifying the neighborhood as a floodplain was in order. He explained that there were significant differences between the floodway and floodplain designations and, in order to respond to the residents' needs, Town staff was recommending the formation of a citizen's advisory committee to assist in dealing with these flood issues. He said that this committee would be comprised of eight citizens and they would be as follows: Bob Honea, Sandy McElhannon, Bruce Dewey, Clayton Wengert, David Franco, Robert McCrea, Helen Key and Ginger Smead. Upon motion by Vice Mayor Kai, seconded by Council Member Honea, Resolution No. 2002-127 was unanimously approved. 11. 12. 13. Executive Session: Pursuant to A.R.S. Section 38-431.03 (A)(4) for discussion and consultation with the Town Attorney to consider the Town's position and instruct its attorney regarding the Town's position in pending litigation, Aegis v. Town of Marana (Dan Hochuli) Vice Mayor Kai adjourned the Council meeting at 8:05 p.m. to go into executive session. At 8:35 p.m., the Vice Mayor reconvened the Council meeting. All attending Council members were present and seated at the dais. Discussion and possible action regarding legal action in Aegis v. Town of Marana (Dan Hochuli) A motion was made by Council Member Comerford and seconded by Council Member Escobedo to authorize the town attorney to seek a new trial and appeal the decision of the court. The motion passed unanimously. Resolution No. 2002-128: A Resolution finding that a public needs exists for making improvements to Cortaro Farms Road and finding that private property must be acquired for roadway and construction easements, and authorizing the use of the power of eminent domain for the acquisition of private property necessary for these purposes (Dan Hochuli and Jim'DeGrood) Mr. Hein explained to Council what the plans are with respect to the condemnation project which is to lay a roadway, Project No. 99-0076. In August, Council adopted Resolution No. 2002-93, which authorized the filing of condemnation lawsuits to acquire the necessary private property rights for the project. The Town changed its condemnation request to take the roadway and construction easements instead of the fee title. Mr. DeGrood emphasized that this project has nothing to do with any joint plans with Pima County for drainage. Upon motion by Council Member McGorray, seconded by Council Member Blake, unanimous approval of Resolution No. 2002-128 was given. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo reminded the Council and public that the holiday season was approaching and that this time of year always brought the attention to that of the needy residents of the community. He asked that 9 XI. everyone think about the less fortunate residents and urged everyone to generously donate dry goods and clothing to the Marana Food Bank. D. MANAGERS' REPORT There were no reports at this time. FUTURE AGENDA ITEMS There were no topics suggested for future agendas. ADJOURNMENT Upon motion by Council Member Escobedo and seconded by Council Member McGorray, unanimous approval to adjourn was given. The time was 8:42 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 5, 2002. I further certify that a quorum was present. 10