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HomeMy WebLinkAbout11/20/2001 Regular Council Meeting Minutes PLACE AND DATE Marana Town Hall, November 20, 2001 I. CALL TO ORDER By Mayor Sutton at 7:09 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed in honor of MPD Officer Michael McLaughlin's passing. 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 Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Michael Hein Town Manager Dan Hochuli Town Attorney Jocelyn Entz Town Clerk Jim DeGrood Development Services Administrator Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Honea, seconded by Vice Mayor Kal, the agenda with changes was approved unanimously. The change was as follows: 1. Council Action Item B. 2. Public Hearing: Resolution No. 2001-149 was continued until the December 4, 2001 Council meeting. VI. ACCEPTANCE OF MINUTES By motion of Council Member Honea, seconded by Council Member McGorray, the minutes for the November 6, 2001 meeting were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Ann Meaders introduced a new employee to the Water Department, Geoffrey Caron. Mr. Caron is a Certified Water Operator III for the Utilities department. Jim DeGrood introduced Janet Mensing, Development Services Secretary, and Jennifer Ward, Public Works Engineering Technician, to the Council. Both Ms. Mensing and Ms. Ward are new Town employees. Mayor Sutton announced that Basha's had performed a huge favor for the Town by drastically reducing their turkey price far below cost and by donating 10 "free turkey" coupons as well. The Mayor reported that Rick Westfall, Southwest Value Partners and The Links at Continental Ranch had banded together to purchase the birds and generously donated 100 turkeys to the Marana Food Bank. He continued by saluting the Basha's employees for acting quickly to ensure this plan would come together. These employees were John Michael, meat department, and Dawn, store manager. VIII. STAFF REPORTS There were no questions regarding staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2001-139: La Parrilla Suiza (New Liquor License) Consideration of recommendation to State Liquor Board for a No. 12 (restaurant) liquor license application submitted by Frank Cardon on behalf of International Restaurants II, L.L.C. doing business as La Parrilla Suiza, located at 4250 W. Ina road, Marana, Arizona. No protests have been received and the applicant is in compliance with the Marana Police Department. (Jocelyn Entz) 2. Resolution No. 2001-124: Appointment to the Town of Marana Public Works Arts Project Committee (Farhad Moghimi) Upon motion by Council Member Escobedo, seconded by Council Member Honea, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Discussion/Direction: Richmond American Parcel 51 in Continental Ranch: Drainage issues (Jim DeGrood) Mayor Sutton noted that no representatives from Richmond American were present at this meeting. He said that a drainage solution was formulated and the revised punch list had been sent to Richmond American for their review. The Mayor said a target date of December 20, 2001 was set for the resolution and closure of this issue. Mr. DeGrood commented that, subsequent to the November 6, 2001 meeting, a number of discussions had taken place with representatives from Richmond American and Town staff. He said that a willingness to revisit the discussions regarding the erosion and drainage problems in the community was exhibited by the developer. He said that several potential solutions had been presented to the neighborhood representatives and that an active role as observer needed to be taken by the Town in order to insure all improvements were made properly. He said that, as a leverage tool, no release of subdivision assurances for Richmond Estates would occur until proper action was taken. Sylvia Craig, Richmond Estates resident, addressed the Council regarding this issue. She said that there was substantial flooding on her street, Via Atascadera, last fall and that no mention of rechecking the roadway had been made. She remarked that she also had a problem with the drainage between her property and that of her neighbor's. She suggested that a check be performed by the engineering department. Mr. DeGrood assured Ms. Craig that Via Atascadera was on the list of streets to be checked for deficiencies. Lenore Renna, a resident also living on Via Atascadera, voiced her concerns regarding the unfinished condition of the development. 3 Ellen Shopes, resident, thanked the Council and Town staff for the consideration given to the community regarding this issue. She commented that she suspected Richmond American would try to parcel these problems into several smaller problems and not address the overall development's problems in order to move forward more quickly. She urged the Council to continue supporting the neighborhood representatives until all of the grievances had been resolved. David Paltzik, resident, commented that progress had been made with the residents' grievances and the fact that Richmond American representatives were absent from the meeting was evidence of their attitude toward resolving the drainage issues. He thanked the residents for attending the meeting and for their ongoing support. He reported that a street-by-street plan had been formulated and that he hoped any agreement reached with Richmond American would be subject to resident response. Mayor Sutton commented that the Town was planning to hold onto the assurances until a compatible resolution was reached and he expected minor concessions from all interested parties would be called for along the way. He urged the residents to meet with Mr. DeGrood and study the plan that staff had formulated. Council Member Comerford asked if a time frame had been set for the developers to resolve these issues. Mr. DeGrood replied that a solution was likely within 90 days and that he was willing to put time limits on the resolution process if necessary. Council Member Escobedo asked the Town Attorney if the Town was legally able to indefinitely hold the release of subdivision assurances until the drainage problems were corrected. Mr. Hochuli advised that it was completely legal for the Town to hold up the releases and added that this type of action was exactly the reason for having assurance agreements. 4 There was no further discussion regarding this item. 3. PUBLIC HEARING: Ordinance No. 2001.16 - Sandario/Barnett Rezone: Consideration of approval for a request to rezone approximately 44 acres of land located at the northwest corner of Sandario and Barnett Roads, in Section 28, Township 11 South, Range 11 East, from Zone "A: (Small Lot Zone) to 44 acres of "R-6" (Single Family Residential, minimum lot size 6,000 sq. ft.). Assessor's Parcel numbers 217-40-012B and -012C (Joel Shapiro) Mr. DeGrood gave a brief synopsis of this item, explaining that it was continued from the October 2 and November 6, 2001 Council meetings in order to allow concerns raised by the Yoem Pueblo community to be addressed. He reported that the Town staff, Pascua Yaqui Tribe representatives, and the developers had reached a solution that would reduce the potential impacts to the Yoem Pueblo. He said that nineteen supplemental conditions were identified. Upon motion by Council Member Blake, seconded by Council Member Escobedo, approval to go into public hearing was unanimous. There were no public speakers associated with this item. Upon motion by Council Member Blake, seconded by Council Member McGorray, approval to go out of public hearing was unanimous. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Ordinance No. 2001.16, with nineteen conditions, was unanimously approved. The conditions are listed within the text of the ordinance which is a permanent public record available for viewing during regular office hours at the Marana Town Hall. 4. PUBLIC HEARING: Resolution No. 2001-146: Adoption of the Santa Cruz River Corridor Plan (Farhad Moghimi) Mr. Hein said that it was a pleasure to present this item to the Council and that this process had begun by the direction of Council. He commented that Mark Myers, lead consultant for the study, helped the Town formulate the vision for the original project and mobilized the Town into taking control of one of Marana's greatest assets, the Santa Cruz River. Mr. Myers gave a brief presentation before the Council. He said that guidance from the Mayor and Council, diligent information gathering and research by the Technical Advisory Group (TAG), input from the Community Task Force, invaluable information from the Geographic Information Systems (GIS) group, and a series of public workshops had aided in insuring a thorough study of the Santa Cruz River Corridor Plan. He remarked that three focus groups of major private property interests along the river corridor were also instrumental in this study. He emphasized that the Santa Cruz River Corridor Plan was the tip of the iceberg and that the bulk and living component of this plan was the GIS data that had been gleaned and put into a comprehensible format. He complimented Farhad Moghimi and Kevin Sweeney on their outstanding contributions to this study. Nancy Moll, representing the League of Women Voters of Tucson, stated her support for the Santa Cruz River Corridor project. Ora Mae Harn addressed the Council regarding this plan and voiced her interest in preserving the adobe cotton gin building. She emphasized that this building represented the area's rich heritage and was an important historical site within the Town's boundaries. Ms. Ham pointed out that a number of entities such as the Marana Arts Council and the Marana Chamber of Commerce were eager to participate with the Town in preserving this Town asset. She commented that, with the passing of the Santa Cruz River Corridor Plan, a better opportunity to raise private funding for a preservation effort would be available. David Parker, Marana resident, said he was impressed with the entire Santa Cruz River Corridor Plan process. He commended everyone involved and said that this study process would stand as a model for best practices for future projects. Mayor Sutton said that a two year commitment had been invested in this plan and that everyone working on the project had performed superbly. He added that efforts such as this made Marana the best place to live now and in the future. Upon motion by Council Member Blake, seconded by Council Member Honea, approval to come out of public hearing was unanimous. Council Member Blake said that, as co-chairman of the committee, he wanted to add his commendations to all who were involved. He commented that there were approximately 40 committee members who were loyal and stayed with the Town through all the meetings until the successful conclusion. He said it would be his pleasure to make the motion for approval of this council action. Upon motion by Council Member Blake, seconded by Vice Mayor Kal, Resolution No. 2001-146 was passed unanimously. 5. Resolution No. 2001-150 - Approving and authorizing Preannexation and Development Agreements between the Town of Marana and LKB, L.L.C. (Lazy K Bar Ranch), the Town of Marana and All Creeds Brotherhood, Inc., and the Town of Marana and the Stardance Center, L.L.C. (Mike Reuwsaat) Mr. Hein remarked that this item represented what the town had envisioned for this community. He said that issues regarding noise had been dealt with and that a noise committee was formed. He pointed out that this resolution represented another example showing the community working together to bring clarity to the future, not only for business interests but for residential interests as well. Grady Catlett, Pima County resident, addressed the Council and thanked everyone for including county neighbors in the annexation discussions. He voiced concerns about night time noise levels and added that he was generally in favor of this annexation process overall. Mr. Hein informed the Council that Mr. Catlett was one of the experts that brought value to the committee as someone who studied sound and decibel levels in his former employment and vocation. He said that this expertise was appreciated. Emily Johnston, Pima County resident and representative of the Tucson Mountains Association, spoke regarding this item. She thanked the Town, and Mike Reuwsaat for including her group in Marana's new noise ordinance committee. She asked that the shut down time for outdoor events be changed from 10:30 p.m. to 10:00 p.m. as was customary in Pima County. 7 Mayor Sutton asked the applicant to address Ms. Johnston's concern, stating that while her request might be reasonable from her point of view, it might not be reasonable to everyone. James Shiner, representing Lazy K Bar Ranch, commended the Town staff for the high level of professionalism exhibited throughout the process. He said he was convinced the annexation effort was the right thing for all concerns and that he looked forward to joining Marana. In response to Mr. Catlett and Ms. Johnston, he said that a compromise was struck that a lower decibel level would be accepted in exchange for an extra half hour before closing events in the evenings. He said that he felt comfortable that the resort would not be creating a disturbance in the neighborhood because all of the electronically amplified events would be occurring indoors. He pointed out that the Stardance Center, as it existed now, was an open-air facility, but building plans had been submitted and would be acted upon when the area became part of the town. He added that they had worked hard on making sure that sound levels were addressed and that the sound issues were in the forefront Mayor Sutton reiterated what had been discussed relative to the sound issue. He said that the proposed ordinance was what staff felt was a good middle ground and everyone was comfortable with the current language. Council Member Honea moved to approve Resolution No. 2001-150. Council Member Blake seconded the motion and it was passed unanimously. 6. Ordinance No. 2001.22 - Lazy K Annexation: Consideration and approval of an annexation comprising approximately 267 acres adjacent to the Town's boundary in the vicinity of the intersection of Scenic Drive and Pima farms Road in Sections 29 and 32, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, and translating the zoning from Pima County SR with permitted non- conforming uses, to Marana zones RR and R-144. this annexation will bring the Lazy K Bar Ranch, and The Stardance Center into the Town of Marana (Dick Gear) Mr. Hein addressed the Council regarding this item and described the ordinance as a document that put into effect the preannexation and development agreements previously approved. Council Member Honea moved to approved Ordinance No. 2001.22. Council Member McGorray seconded the motion and it was passed unanimously. 7. Resolution No. 2001-148: Appointments to the Planning and Zoning Commission (Dan Hochuli) Mayor Sutton asked Mr. Honea to present the motion as had been discussed in Executive Session at the previous meeting. Council Member Honea moved to approve the resolution, appointing Billy Schisler to a Planning and Zoning Commission term ending June 30, 2003, and appointing Trish Berg to a term ending June 30, 2005. Council Member Blake seconded the motion. Mayor Sutton called for discussion and stated that Keith Gentzler was the third applicant for a position on the Commission.. The Mayor described Mr. Gentzler, from Quail Crossing, as a valuable asset to the Town and that he would be of great use in dealing with water and other issues. There was no further discussion concerning this item and the motion was passed unanimously. 8. 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 and contemplated litigation in Tortolita vs. Town of Marana, Aspen Green v. Tucson, and related cases (Dan Hochuli) Council Member Escobedo moved to go into Executive Session with a second by Council Member Honea. Council recessed at 8:07 p.m. for executive session. 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 and contemplated litigation with Trico Electric Cooperative (Dan Hochuli) At 8:39 p.m., Mayor Sutton reconvened the Council meeting with all Council Members present and seated at the dais. 9 C. MAYOR AND COUNCIL'S REPORT Mayor Sutton reported that he had attended meetings with residents of the Happy Acres community and said that a minor issue concerning property taxes was brought to the Town's attention. Vice Mayor Kai reported that he had attended a PAG meeting for the Mayor and that he had represented attended the Diabetes Association gala with other Town staff members. D. MANAGERS' REPORT There were no reports at this time. X. FUTURE AGENDA ITEMS There were no items presented for future agendas at this time. XI. ADJOURNMENT Upon motion by Council Member Blake and seconded by Council Member Escobedo, unanimous approval to adjourn was given. The time was 8:41 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 20, 2001. I further certify that a quorum was present. lO