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HomeMy WebLinkAbout10/02/2001 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 2, 2001 PLACE AND DATE Marana Town Hall, October 2, 2001 I. CALL TO ORDER By Mayor Sutton at 7:03 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed in honor of Michael Cervi, husband of Sherry Potter Cervi, who recently passed away. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Excused Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Michael Hein Town Manager Michael Reuwsaat Assistant Town Manager Dan Hochuli Town Attorney Jocelyn Entz Town Clerk Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Blake, seconded by Council Member Honea, the agenda with amendments was unanimously approved. The amendments were as follows: Item IX. A. 5. Appointment of Interim Magistrate to fill vacancy created by the resignation of Russell Dillow was continued indefinitely. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 2, 2001 Item IX. B. 2. Executive Session: Pursuant to A.R.S. ~ 38-431.03 (A)(1) to conduct interviews with applicants for the Planning and Zoning Commission -this process was extended two weeks. Item IX. B. 6. Resolution No. 2001-127 was continued to October 16, 2001 Council meeting. Item IX. B. 7. Ordinance No. 2001.16, pursuant to the request from the Marana Yoem Pueblo, was continued to November 6, 2001 Council meeting. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Honea, seconded by Council Member McGorray, the minutes for the September 18, 2001 Council meeting were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Dawn Formoe, resident, addressed the Council regarding smoking in close proximity to the Little League ball fields at the Ora Mae Harn District Park or any other Marana parks. She commented that it was not a good example to set for the children and requested that the Town post signs prohibiting smoking within 250 yards of the sports fields. Mayor Sutton asked that this sign request be forwarded to the Parks and Recreation department. Vice Mayor Kai invited everyone to attend the Marana Arts Council's music festival, Jammiri In The Park, being held on October 6, 2001 at the Ora Mae Harn District Park. He said that the event was from 11:00 a.m. to 6:30 p.m. and that a variety of musical styles would be represented including jazz, county-western, tex-mex and reggae. He added that there would be food, children's activities, and a beer garden. He urged everyone to attend. Mayor Sutton presented Police Chief Dave Smith with a plaque recognizing his 10 years of dedication and service to the Town of Marana. The Mayor praised the Chief for his hard work throughout the years. VIII. STAFF REPORTS There were no questions regarding staff reports. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 2, 2001 IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2001-122: Consideration of recommendation to State Liquor Board for a No. 09 (liquor store) liquor license application submitted by Clare Hollie Abel on behalf of Costco Wholesale Corporation, located at 3901 W. Costco Drive, Marana, Arizona (Jocelyn Entz) 2. Resolution No. 2001-123: Consideration of recommendation to State Liquor Board for a No.10 (beer and wine store) liquor license application submitted by J. Wesley Little, Jr. on behalf of Quik-Mart Stores, Inc., located at 4479 W. Ina Road, Marana, Arizona (Jocelyn Entz) 3. Resolution No. 2001-121: -City of Tucson-Town of Marana (Intergovernmental) - HB Land Development Agreement Relating to Water Service in Continental Reserve (Mike Reuwsaat) 4. Ordinance No. 2001.15: Massingale II Annexation: Consideration and approval of an annexation comprising approximately 15 acres adjacent to the Interstate 10 corridor. The annexation incorporates the Massingale Road and I-10 Frontage Road rights-of-way in portions of Sections 36, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona (Dick Gear) 6. Authorization to hire additional staff (Jane Howell) Upon motion by Council Member Blake, seconded by Council Member Honea, the consent agenda with the aforementioned amendments was unanimously approved. B. COUNCIL ACTION 1. Ordinance No. 2001.14: Skyranch Specific Plan: A request to approve a Specific Plan for approximately 515 acres at the northwest corner of Tangerine Road and Camino de Oeste, Section 6, Township 12 South, Range 13 East, and change the zoning from Marana "C" zoning to "F" Specific Plan zoning with the attendant land uses. (Joel Shapiro) MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 2, 2001 Jim DeGrood spoke before the Council regarding this item. He explained that this project site was within an area formerly designated as critical habitat and that the developers were pursuing a Section 10 permit from the U.S. Fish and Wildlife. He said that residents as well as non-residents had raised issues and concerns. The issues raised included development intensity, school concerns, lighting concerns, and regional and local transportation problems. There were also existing drainage problems. To address these concerns and issues, the town had formulated a set of conditions for the developer. He concluded that the project was recommended by staff for Council approval. Scott Stiteler, owner of Stellar Homes and the developer of Skyranch, addressed the public and Town Council. He remarked that he was proud of his development and that he wanted to set a precedent for other area projects. He outlined some of the conditions that were met with the planning in order to preserve 80% of the 515-acres as open space. Nancy Moll, a Marana citizen and a representative of the League of Women Voters of Greater Tucson, spoke to the Council regarding this item. She remarked that the League of Women Voters thought Marana should postpone all rezoning decisions east of I-10 until a new comprehensive plan for that area had been drawn up and accepted. Ms. Moll said that the League was particularly concerned that the Marana General Plan did not address the Tortolita Fan area. She asked about the available water supply, the planning for drainage during sheet flooding of the washes, and wildlife and open space protection. Mayor Sutton responded by thanking Ms. Moll for her attendance and attention to this item. He asked why the League of Women Voters, a nationally recognized and respected group, would wait for an agenda item to bring up these concerns when the General Plan had been published in 1997. He invited Ms. Moll to meet with Mr. Reuwsaat or Mr. Hein to address the organization s concerns. Ms. Moll said that she was not questioning the General Plan as a whole and that, when the pygmy owl issues arose and development pressures started to shift to old Marana, the Town did a very good job in updating the General Plan and involved the public in the process. She stated that the area of specific concern was east of I-10 on the Tortolita Fan. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 2, 2001 The Mayor responded by requesting that staff send pertinent information to the League of Women Voters regarding development guidelines, standards, and requirements for the Tortolita Fan area. Tom Schramski, resident, spoke regarding his concerns with the Skyranch development and the transportation improvements he felt were needed prior to up-zoning approvals or development permitting by the Town. He said that Tangerine Road, Thornydale Road, and Camino de Manana were the three critical roadways that would be impacted by this project and that a substantial raise in traffic on these roadways would be added because of the Skyranch development. He continued by emphasizing that Thornydale was a route of increasing regional significance because of the completion of the River Road extension. Mr. DeGrood responded that the Town was presently in design on a number of roadway improvements for that area and pointed out that interim improvements for the intersection of Tangerine and Thornydale Roads was underway with left-turn lanes being installed for all four directions. He answered that this was the only improvement scheduled ~< for Thornydale Road within the Arizona Department of Transportation's 5-year transportation plan. He commented that roadway improvements to Tangerine were planned from the town limits to Interstate 10 and that wash crossing improvements were also proposed. He added that, according to a recent traffic study, Tangerine Road would need to go to four lanes by 2010. Mayor Sutton said that he appreciated Mr. Schramski coming forward with his concerns and that all of these transportation problems were being anticipated by Town staff. He emphasized that no impact fees could be collected from areas east of Tangerine and Thornydale and that Marana was not able to carry the full costs of the roadway improvements alone. Kevin Brogdon, resident, relayed his concerns regarding this item and the proposed development densities. His opinion was that the zoning changes were out of line with the rest of the surrounding neighborhood. He emphasized that the area was originally zoned as a rural area and now, with the proposed zoning change, the property would be allowed four to six houses per acre. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 2, 2001 Doug Wright, broker and President of Commercial Investors Realty, appeared before the Council as a representative of the Kapsal family. He said that all five members of the Kapsal family, who own 35 acres immediately west of the Skyranch property, were very supportive of the Stellar Homes development. He distributed a letter of support and map of the Kapsal property to the Council. These have been made a permanent part of the record. Mr. Hein said that conditions had been added to the authorizing ordinance that required the developer to address certain issues associated with protected areas and natural open space. These conditions included infrastructure, water and sewer services, critical habitat conservation planning, fire protection, building setbacks, emergency access routes, area lighting limitations, gray water irrigation practices, and perimeter fencing standards. He said that staff acknowledged the existing transportation problems in northwest Marana and pointed out that there were approximately 1,000 units east of I-10 within the town boundaries. He remarked that the entire population of 12,000 was accountable for over $8M of transportation enhancements in the Continental Ranch area alone. He said that this project was meeting the guidelines for critical habitat even though these standards had been legally removed. He concluded by stating that this project would provide for an efficient delivery of services and fulfill the Towri s duty to the tax base and citizenry as well as environmental stewardship. Mr. DeGrood pointed out that a lighting condition had been added to the ordinance after several resident requests were made and that a 330' buffer/setback was required to preserve the open space views of the surrounding properties. He explained that this width was the average width of a 5-acre parcel, which was also the average minimum lot size within the project. He also addressed the Mayor's request to explain the watershed protections and drainage issues raised by several residents. Upon motion from Council Member Honea, seconded by Council Member Comerford, Ordinance No. 2001.14 was unanimously approved. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 2, 2001 3. Public Hearing Resolution No. 2001-89 -The Council will be sitting as the Board of Adjustment for this item. Woehlck Horse Variance: Request by Gerald and Jay Woehlck for a variance of the R-144 Residentail Zoning restriction that only allows corrals, barns, stables and other livestock as accessory to a primary residential use per 05.10.02.D.3 of the Marana Land Development Code. The property is located at 5050 West Angel Drive, which is approximately 1/z mile east of Dove Mountain Blvd. and 1/4 mile south of Tangerine, within apportion of the northwest quarter of Section 01, Township 12 South, Range 12 East (Joel Shapiro) Joel Shapiro spoke before the Council regarding this item and outlined the history of the horse variance request. He remarked that the criteria needed for the Board of Adjustment to grant a variance had not been met and that it was the Planning staff's recommendation to deny this variance. Upon motion by Council Member Comerford and a second by Vice Mayor Kai; Resolution No. 2001-89 was unanimously denied. _.. Roxanne Ziegler, resident and past Council Member, said she was disappointed to see this item on the agenda again. She said that an exorbitant amount of staff time had been spent on this request and it should be denied until the Woehlcks met the required conditions. Dorothy Sharnetsky, resident and past Planning & Zoning Commissioner, spoke regarding her opposition to the variance request. She said that she thought Chief Smith should inspect the Woehlck property for zoning violations and continue to be vigilant in that regard until the Woehlcks comply with the conditions. Dorothy Taylor, resident, complained that this variance request was redundant and she commended the Council on their prior vote in favor of the Skyranch project. She said that she welcomed projects like the Stellar Homes development in her neighborhood. 4. Public Hearing on the Tierra Linda Annexation -Consideration of the Town of Marana's desire to annex approximately 104 acres located in Sections 33 and 34, T12S, R12E bisected by Wade Road, south of Silverbell Road in the Continental Ranch area. This annexation includes the La Tierra Linda Resort (Dick Gear) 7 MINUTES OF REGULAR COUNCIL MEETING NTARANA TOWN HALL OCTOBER 2, 2001 Mike Reuwsaat explained that this item fell within the Town's ultimate boundaries as passed by the Mayor and Council last year. He said that it would bring into the Town the La Tierra Linda resort. He pointed out that this was presented to Council for public input as required by law and that staff would continue to work on the item as the annexation process continued. A resident and property owner, whose name was inaudible,, asked who initiated the annexation process, why it was begun, and what the benefits and negative impacts of the annexation would be for him as a property owner within the subject area. Mr. Reuwsaat explained that the initial annexation request came from the La Tierra Linda property owners and that the legally required annexation process had been followed from that point forward. He said that the benefits to being within the Towri s boundaries were many and included such amenities as outstanding police protection, faster emergency response times, area-wide transportation improvements, and enhanced quality of life through access to public parks and open space areas. Mayor Sutton commented that Marana had no property taxes to add to the tax burden of the annexed property owners. Mr. Hein explained that this particular annexation process began over a year ago and had involved two main issues, the adoption of ultimate Town boundaries and, by linking the area's guest ranches, the establishment of a cornerstone of economic potential for Marana's future. Emily Johnston, Pima County resident, voiced her concerns regarding the noise and outside amplification that emanated from La Tierra Linda during many of the events held at the guest ranch. Mr. Reuwsaat emphasized that Ms. Johnston and other concerned neighbors would be a part of any solution process. He said that certified personnel with a calibrated decibel meter were already in place to perform noise testing. Keith Johnson, Pima County resident, also voiced his concerns about the noise problem coming from La Tierra Linda. He asked that the Council act in a sensitive way in regard to the long-time area residents. 8 MINUTES OF REGULAR COUNCIL MEETII~'G MARANA TOWN HALL OCTOBER 2, 2001 Mark Wolfe, owner of La Tierra Linda Guest Ranch, spoke in response to the noise complaints from the neighboring property owners. He said that he was sympathetic to their concerns, that a sound system controlled by the resort had been installed, and that events were closely monitored for noise levels. He emphasized that he was looking forward to being a good neighborhood partner. Betty Briggs, Wade Road resident, addressed the Council regarding the noise problem from La Tierra Linda. She said that it had been over a year since any loud noises or sounds emanating from resort events had been an issue for her family. She commented that she appreciated Mr. Wolfe's desire to work amicably to solve any problems and that her biggest concern was when the paving of Wade Road might occur. There was no further discussion on this item. The Mayor called a recess of the Council meeting at 8:33 p.m. The meeting was reconvened at 8:47 p.m. with all attending Council members present and seated at the dais. 5. Public Hearing Lazy K Guest Ranch Annexation -Consideration of the Town of Marana's desire to annex approximately 267 acres located in Section 29, T12S, R12E located near the intersection of Pima Farms Road and Scenic Drive in the Continental Ranch area. This annexation includes the Lazy K Bar Resort. (Dick Gear) Mr. Reuwsaat explained that this item followed the same format as the previously discussed item. Robert Ferreira, property owner, commented on his views regarding the Lazy K Guest Ranch annexation. He said that he had been anext-door neighbor of the resort for 25 years and that the resort was a wonderful neighborhood partner. He said that all of the small businesses involved, the Lazy K Guest Ranch, Stardance, and Sanctuary Cove, were valuable assets to Marana. He remarked that the Continental Reserve build-out would certainly produce a noticeable increase in traffic and he asked if any dust abatement or chip sealing plans north of Pima Farms had been made. He also asked about lighting restrictions because of the importance of dark skies for the proposed annexation area. 9 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 2, 2001 Mr. Reuwsaat replied that dust abatement and chip sealing plans had been discussed with the Continental Reserve developers and plans to bring the roadways up to Town standards were being negotiated. Mayor Sutton thanked Mr. Ferreira for his willingness to bring issues to the Town and to work with the Town on these important issues. Jim Shiner, Lazy K Bar property owner, voiced his support of this annexation. He said that his business was anon-conforming use business within the present zoning designation and that the Lazy K had never received a complaint in all of its years of operation. He said that he was looking forward to upholding that record. Debbie Ferns, property owner and operator of Stardance, stated that her desired outcome with this annexation was to preserve her beautiful lifestyle and precious land bordering on the Saguaro National Park West. She gave a little background of Lazy K and Stardance and added that she was looking forward to becoming a member of the Marana community. Mayor Sutton applauded the Stardance operation and emphasized how spectacular the desert was within the annexation area. Ed Stolmaker, property owner, addressed the Council with his strong support of this annexation. Chuck Koesters, property owner and operator of Sanctuary Cove Meditation Center, voiced his enthusiasm in favor of the annexation. 8. Ordinance No. 2001.17 and Resolution No. 2001-126: Proposed amendment to the Land Development Code of the Town of Marana, by amending Title 17, Landscape Requirements, and Title 20, Protection of Native Plants, updating the requirements within the Town for landscaping and the protection of native plants, and other various issues related to environmental resource preservation and declaring Title 17 as amended a public record (Joel Shapiro) Mr. Shapiro pointed out that a substantial code upgrade was underway and that many of the recommended changes provided additional direction and clarification to the existing landscape and plant salvage requirements. He recommended approval of the submitted changes. 10 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 2, 2001 Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, Ordinance No. 2001.17, and Resolution No. 2001-126 were unanimously approved. 9. Executive Session. Pursuant to A.R.S. § 38-431.03 (A)(4) for discussion and consultation with the Town Attorney in order to consider the Town's position and instruct its attorney regarding pending litigation in Tortolita vs. Town of Marana (Dan Hochuli) 10. Executive Session. Pursuant to A.R.S. § 38-431.03 (A)(4) for discussion and consultation with the Town Attorney in order to consider the Town's position and instruct its attorney regarding pending litigation in Velarde vs. Town of Marana (Dan Hochuli) Upon motion by Council Member Blake, seconded by Council Member Escobedo, the Council meeting recessed into executive session at 9:10 p.m. Mayor Sutton reconvened the Council meeting at 9:40 p.m. with all Council Members present and seated on the dais. C. MAYOR AND COUNCIL'S REPORT Vice Mayor Kai thanked and commended Mayor Sutton for his leadership of the Town over the past few years. Mayor Sutton thanked the Council and Town staff for all of their support. He said that he was very proud to represent Marana. He announced that he had recently been appointed to the National League of Cities' Transportation Infrastructure Services Policy Committee and that, with Marana still being a fairly small rural town, it was a great honor to be one of only five representatives chosen from Arizona. D. MANAGERS' REPORT Mr. Reuwsaat thanked everyone for their prayers and thoughts regarding the recent passing of his mother and sister. Mayor Sutton said that the excellence exhibited by Mr. Reuwsaat in spite of his deep personal losses was outstanding. 11 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 2, 2001 X. XI. FUTURE AGENDA ITEMS There were no items presented for future agendas at this time. ADJOURNMENT Upon motion by Council Member Blake and seconded by Council Member Honea, unanimous approval to adjourn was given. The time was 9:45 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 2, 2001. I further certify that a quorum was present. ~. celyn . Entz, Town Cler ,~~~~I~li+/~~~,~, t C~ ,~ ~®~ ~ ,'~~' ~ ~~+~A „~a~ ~~, .. ~,. z~ >, ~ ~ .~. ~9,~ ~ ~ ~IAfQC1 ~i\S,`° ®® 12