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Home My WebLink About12/18/2001 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING 1IARANA TOWN HALL DECEMBER 18, 2001 I. II. III. IV. V. PLACE AND DATE Marana Town Hall, December 18, 2001 CALL TO ORDER By Mayor Sutton at 7:04 p.m. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/MOMENT OF SILENCE A moment of silence was observed. 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. APPROVAL OF AGENDA Upon motion by Council Member Blake, seconded by Council Member McGorray, approval of the agenda as written was unanimous. VI. ACCEPTANCE OF MINUTES By motion of Council Member Escobedo, seconded by Council Member Honea, the minutes for the December 4, 2001 meeting were unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 18, 2001 VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Rick Westfall, representing Marana High School Booster Club, spoke before the Council and requested that everyone attend the Booster Club's meeting on December 19, 2001 at 6:30 p.m. in order to support the local high school. Ellen Shopes, resident, addressed the Council regarding ongoing drainage problems existing in Continental Ranch Richmond Estates. Anthony Cerasani, resident, voiced his concern over a problem with trash being dumped on Town property in the Continental Ranch area. A letter regarding this matter from the Continental Ranch Community Association's legal representative has been made a permanent part of this record. VIII. STAFF REPORTS There were no questions regarding staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2001-157: Contract for services between the Town of Marana and the Marana Chamber of Commerce (Mike Reuwsaat) 2. Request for authorization to Purchase Digital Communications System (Dave Smith) 3. Resolution No. 2001-165: Appointments to the Town of Marana Business Advisory Committee (Roy Cuaron) Upon motion by Council Member Escobedo, seconded by Council Member Blake, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Ordinance No. 2001.23: Solar Energy Utilization and Water Conservation Credits (Jack Holden) Mr. Holden introduced the concept of providing credits on building permit fees to owner/builders who use conservation methods relating to heating and cooling and water conservation efforts. MINUTES OF REGULAR COUNCIL MEETING MARANA TO~'~'N HALL DECEMBER 18, 2001 Mr. Holden s proposal would save approximately $500 in permit fees per house. If 25% of the new homes built over the next year took advantage of this credit, the Towri s lost revenue from building permit fees would be about $100,000 annually. The loss from existing homes would be about $5,000 per year. The program would have athree-year sunset or a maximum cap of $300,000, and an annual report would be made to the Council indicating the number of users and the cost of the program. The advantage of this program is that by using energy systems replenishable from solar power, greater conservation of natural resources is achieved, and the purchase of costly energy from other sources of greatly reduced. _ Mr. Holden further stated that this concept is supported by Tucson Electric Power, The Water Conservation Alliance of Southern Arizona and SAHBA. Trico Electric Cooperative also supports the conservation efforts. ,. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, Ordinance No. 2001.23 was unanimously approved. 2. PUBLIC HEARING -Ordinance No. 2001.24: The Cotton Gin Property. A request for approval of a rezoning of approximately 23.79 acres from Zone "A" (Small Lot Zone) to 23.79 acres of "VC" (Village Commercial Zone), located in the southwest quarter of Section 22, Township 11 South, Range 11 East, on Sandario Road south of Trico Marana Road. Assessor's Parcel Number 217-28-020D (Joel Shapiro) Upon motion by Council Member Blake, seconded by Council Member McGorray, approval to go into public hearing was approved. Keith Grove, resident, voiced his concern regarding vehicle access to the proposed plaza from the I-10 frontage road area. Mr. DeGrood gave a brief review of the Tentative Site Plan and noted that a condition listed in the ordinance specifically denied access into the site from the frontage road without prior approval from the Town Engineer and the Arizona Department of Transportation. 3 MINUTES OF REGULAR COUNCIL MEETING MAR_ANA TOWN HALL DECEMBER 18, 2001 Upon motion by Council Member Escobedo, seconded by Council Member Blake, approval to go out of public hearing was unanimous. Upon motion by Council Member Comerford, seconded by Council Member Escobedo, Ordinance No. 2001.24 was unanimously approved. 3. Resolution No. 2001-163: Approving the Annexation and Development Agreement between the Town of Marana and the Arizona State Land Department for approximately 24,500 acres of State Land (Mike Hein) Mr. Hein stated that all interested parties have reached agreement in the negotiations where approval of an Annexation and Development Agreement is a formality necessary to commence the annexation of the state land known as the Tortolita Fan area. The Town and other interested parties ti~ill work with the State Land Office as it develops a Land Use Plan that will be integrated into the Town's General Plan. He further recommended that Council approval of this Development Agreement would be appropriate at this time. Upon motion by Mayor Sutton, seconded by Council Member Blake, Resolution No. 2001-163 was unanimously approved. 4. Resolution No. 2001-164: Request to extend completion of the Silverbell Road Corridor Market Study and Commercial Overlay District (Joel Shapiro) Mr. Shapiro noted that although the Commercial Overlay District proposal was to have been completed by January 3, 2002, further study was necessary to assure residents that future development would meet the planned growth and development guidelines contained in the Towri s General Plan. Mr. Shapiro asked Council to approve this resolution, continuing the suspension of all commercial development along Silverbell Road from Drainageway Number 10 to Twin Peaks Boulevard for an additiona190 days to allow for further input from the public advisory and neighborhood committee. Upon motion by Council Member McGorray, seconded by Council Member Honea, Resolution No. 2001-164 was approved unanimously. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 18, 2001 5. Resolution No 2001-159• Continental Reserve Block 8 Preliminary Plat: A request for approval of a preliminary plat fora 97-lot single family subdivision, located on Block 8 and a portion of Block 7 of the Final Block Plat of Continental Reserve, Township 12 South, Range 12 East, Section 28, on the west side of Continental Loop Road, South of Pima Farms Road (Joel Shapiro) Mr. Shapiro noted that the Marana Planning and Zoning Commission heard the Preliminary Plat on November 7, 2001 and voted 4-0 for approval, but with a recommendation to look at proposals with loss of less than 6,000 square feet, as contained within this block. The subdivision design incorporates two. entrances off of Pima Farms Road. Internally, the developer has designed a loop road and two cul-de-sacs. The land use designation per the Pima Farms Specific Plan on this parcel is MDR (Medium Density Residential). The developer is proposing a density of 4.22 RAC, which is in conformance with the Pima Farms Specific Plan. The subdivision will include approximately 3.8 acres of public right-of-way, 4.13 acres of natural open space.. The lots will vary in size, ranging from the largest, lot No. 15 at 13,438square feet to a minimum of 4,721square feet on lot No. 4. The over-all average lot size is 5,755 square feet. Expressed as a percentage, 22% of the homes are over 6,000 square feet. This project is located within the Marana South Transportation Benefit Area and will be subject to the established impact fee. The Pima Farms Specific Plan requires the development of a multi-use trail on the west property line of the project. In addition, the Master Developer is providing athirty-foot equestrian/pedestrian easement through the Picture Rocks Wash, connecting with the equestrian trail at the west property boundary, and with the Pima Farms Road easterly alignment to Silverbell. Block 8 will connect with the equestrian trail on the west side at Pima Farms Road. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2001-159 was approved by a 5-2 vote. Council Members Comerford and Escobedo voted against the resolution. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 18, 2001 6. Resolution No. 2001-160: Continental Reserve Block 2 and 3 Preliminary Plat: A request for approval of a preliminary plat for 146- lot, 37-acre single family subdivision, located on Blocks 2 and 3 of the Final Block Plat of Continental Reserve, Township 12 South, Range 12 East, Section 28, on the north side of Continental Loop Road, south of Silverbell Road (Joel Shapiro) Mr. Shapiro noted that the Planning and Zoning Commission also passed this item on November 7, 2001, with the condition that any lots adjacent to the El Paso Natural Gas Line Easement be informed of the existence of the gas line. This project is also within the Marana South Transportation Benefit Area and subject to the established impact fee. Blocks 2 & 3 connect to the trail system via a sidewalk system on the Loop Road. The connections will be signed with directionals to the trail. The subdivision design incorporates two gated entrances off of Continental Reserve Loop Road. Internally, the developer has designed a series of private loop roads. The lots will vary in size, ranging from the largest lot, Number 3, at 13,725 square feet to the smallest lot, Number 72, at 5,398 square feet. The average lot size is 7,049 square feet. Out of the 1461ots, 46 lots are less than 6,000 square feet, and 100 lots are greater than 6,000 square feet. The project, although not required to provide recreational facilities on- site, has 83,772 square feet (1.92 acres) of passive and active recreational use, including a swimming pool, pool parking, and a ramada/picnic area. Upon motion by Vice Mayor Kai, seconded by Council Member Honea, Resolution No. 2001-160 was approved 6-1. Council Member Escobedo voted against the resolution. 7. Resolution No 2001-161• Continental Reserve Block 12 Preliminary Plat: A request for approval of a preliminary plat fora 30.08 acre, 71-lot single family subdivision, located on Block 12 of the final Block Plat of Continental Reserve, Township 12 South, Range 12 East, Section 28, on the west side of Continental Loop Road, south of Pima Farms Road (Joel Shapiro) Mr. Shapiro stated that the Planning and Zoning Commission approved the Preliminary Plat on November 7, 2001. The smallest lot in this 30.08- acre subdivision is 6,985 square feet, and the largest lot is 15,764 square feet, with the average lot size being 9,148 square feet. 6 MINUTES OF REGULAR COUNCIL MEETING NIARANA TOWN HALL DECEMBER 18, 2001 The subdivision is located in the Marana South Transportation Benefit Area and will be subject to the established impact fee. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2001-161 was unanimously approved. 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) 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) 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 and contemplated condemnation of property on Cortaro Road for Right-of-Way (Dan Hochuli) Upon motion by Council Member Escobedo, seconded by Council Member Honea, approval to go into executive session was unanimous. The time was 7:45 p.m. Mayor Sutton reconvened the meeting at 8:15 p.m. with all Council Members present and seated at the dais. 11. Action on Executive Session, Item IX. B. 10. Resolution No. 2001-158, authorizing the Town Attorney to file a lawsuit regarding the condemnation of property along Cortaro Road for a Public Right-of- Way (Dan Hochuli) Upon motion by Council Member Honea, seconded by Council Member Escobedo, Resolution No. 2001-158 was unanimously approved. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 18, 2001 C. MAYOR AND COUNCIL'S REPORT Vice Mayor Kai and Mr. DeGrood reported on a meeting they attended regarding the status of ADOT activities concerning the widening of the I- 10/Gortaro Road off-ramp. Mayor Sutton reported on the Marana Unified School District Board meeting, the Twin Peaks School dedication ceremony, and the charitable generosity of the community during the holidays. D. MANAGERS' REPORT There were no reports at this time. X. FUTURE AGENDA ITEMS Council Member Honea requested that truth in zoning be added as a topic for a future agenda. XI. ADJOURNMENT Upon motion by Council Member Escobedo and seconded by Council Member McGorray, unanimous approval to adjourn was given. The time was 8:26 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 18, 2001. I further certify that a quorum was present. e,,~~oatrre'i `~~~$,~~°u~niy, '~~i -° ~,~ ~ORPOR~tiE ®~ ~ o0o r ® ~ SEAL %~ g9aua-v9,~``~ °°e~ieiu-~~~~ s ;'~~~~?G`ti`' ~ Council Mecting v 7~ ~~ Attendees Name Address