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HomeMy WebLinkAbout07/05/2000 Regular Council Meeting Minutess; ooo PLACE AND DATE Marana Town Hall, July 5, 2000 CALL TO ORDER Mayor Sutton at 7:04 p.m. II. III. IV. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/MOMENT OF SILENCE Given by Sister Phillips of the Marana Ward, Church of the Latter Day Saints At this time Mayor Sutton announced that Council Member Ziegler would be arriving late to the Council meeting. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Mike Reuwsaat Vice Mayor Present Ed Honea Council Member Present Herb Kai Council Member Present Ora Mae Harn Council Member Present Roxanne Ziegler Council Member Present Jim Blake Council Member Present STAFF Michael Hein Dan Hochuli Jocelyn Entz Brad DeSpain David Smith Jim DeGrood Roy Cuaron Ken Lawrence Dick Gear Town Manager Town Attorney Town Clerk Utilities Director Police Chief Development Services Administrator Finance Director Parks and Recreation Director Economic & Community Development Administrator The list of public attendees is attached. V. APPROVAL OF AGENDA Upon motion by Vice Mayor Reuwsaat and seconded by Council Member Honea, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES A. Minutes of Council Meeting - June 20, 2000 Upon motion by Council Member Blake, seconded by Vice Mayor Reuwsaat, the minutes for the Council meeting June 20, 2000 were approved by a vote of 5/0/1. There were five votes in favor of approval, no votes opposing and one abstention. Council Member Ham abstained as she was absent from the Council meeting on June 20, 2000. vii. CALL TO THE PUBLIC/ANNOUNCEMENTS Margaret Falter, resident, expressed her concern regarding the request for a business license for a sexually-oriented business in the Ina and ©ldfather Roads area. She said that this location was not appropriate for that type of business because of the close proximity to pre-schools and elementary schools as well as residentially zoned neighborhoods. Frances Coppen, resident, said that she was concerned with the prospect of a sexually-oriented business being granted a license at the Ina/©ldfather location and that it would be extremely hurtful to the community. Terri Proud, resident, spoke before the Council regarding this issue and also voiced her strong opposition to the granting of a business license to Fascinations. She cited various statistics linking the rise in criminal activity in areas allowing the operation of sexually-oriented businesses. Ms. Proud requested that an alternate location be found for Fascinations. Jay Lujan, New Beginnings co-owner, voiced his opposition to the granting of a business license to a sexually-oriented business at this location. He said that, as the owner of Bright Beginnings pre-school, he was worried about the lack of planning and trained staff to regulate a business of this type. He asked if the Council had any plans for making sure that this business complied with the law. Mayor Sutton explained to Mr. Lujan that Arizona State law governing open meetings prevented the Council from responding to an issue that was not an agenda item. He said that he shared the community's concern and assured the audience that this item would be brought before the Council on a future agenda. Vice Mayor Reuwsaat said that he shared the public's sentiment regarding this type of business being licensed to operate in Marana. He asked that the Town staff work with these residents by explaining the constitutional restraints on the Town regarding regulation of sexually-oriented businesses and to hold discussions with them regarding implementation of Marana Ordinance No. 2000.06 which sets the guidelines for legal compliance. Joe Lujan, New Beginnings Day Care co-owner, said that he was concerned with the lack of regulatory controls for sexually-oriented businesses and that he strongly opposed allowing such a business to be licensed at the Ina/Oldfather location. Scarlet Lujan, New Beginnings Day Care co-owner, stated her opposition to the licensing of Fascinations and said that she was afraid Ina Road would become another Miracle Mile if preventative steps were not taken quickly to curb the influx of sexually-oriented businesses. At 7:26 p.m., Council Member Ziegler arrived at the meeting and was seated at the dais. Matthew Powell, resident, asked that the Council do everything within their power to fully research the impact on communities where sexually-oriented businesses operate. He said that he was a newcomer to Marana and that he would be disappointed to find this type of business located in his new neighborhood. Janet Verdusco, resident, voiced her concern regarding the possible licensing of Fascinations next door to a day care center. She urged the Council to oppose the opening of this business at the proposed location. Bette Hanson, Ina Road Dairy Queen owner, joined the other speakers by stating her concern for the decline in the neighborhood quality if a sexually-oriented business was allowed to open next to Hancock Fabrics on Ina Road. She said that she believed the resulting problems would be too much for the Marana Police department to handle and added that she feared for the safety of her female employees if such a business opened across from the Dairy Queen. Vice Mayor Reuwsaat commented that the recent passage of Ordinance 2000.06 protected the Town to the fullest degree allowed constitutionally in regard to the operation of sexually- oriented businesses. He said that, as an individual and not as Vice Mayor, he planned to exercise his personal right to meet with the opposing residents and discuss alternative options and strategies. Council Members Ziegler and Kal agreed that the staff had worked diligently to structure Ordinance 2000.06 so that it provided the Town with the maximum protection constitutionally allowed in relation to these types of businesses locating within the Marana boundaries. ~LY 5, 2000 VIII. IX. At this time, Mayor Sutton called for a short recess. The time was 7:44 p.m. At 8:05 p.m., the Council meeting reconvened with all Council Members present on the dais. Ray Osowski spoke before the Council regarding his frustration with the processes required to register a complaint before the Planning and Zoning Commission. He said that he had spoken before the Commission at the last meeting regarding his concerns with the AT&T tower proposed for the Dove Mountain area. He reported that he had stated his complaint before the Commission and did not receive any feedback at that time. Mr. Hein responded that he would be glad to meet with Mr. Osowski to discuss this issue. A general discussion regarding open meeting procedures and rules followed. Olivia Cajero Bedford introduced herself to the Council and am~ounced her candidacy for the Arizona House of Representatives Legislative District 11. STAFF REPORTS, IF ANY There were no questions regarding staff reports GENERAL ORDER OF BUSINESS Ae CONSENT AGENDA Resolution No. 2000-73 - request by Chuy's Mesquite Broiler located at 4185 W. Ina Road, Marana, Arizona, for Extension of Premises Liquor License for Sunday, July 16, 2000 (Jocelyn Entz) Resolution No. 2000-74 - Consideration or recommendation to state Liquor Board for a No. 10 liquor license to Trenco LLC (dba Express Stop) for premises located at 8333 N. Cortaro Road, Marana, Arizona. This is a change of ownership for an existing license held by Robert Foti, President of Foti Fuels, Inc. (Jocelyn Entz) 3. Resolution No. 2000-72 - Town of Marana Agreement for Purchase of Type 2 Non- Irrigation Grandfathered Water Rights from Jim L. and Carolyn King and Tudor and Susan Lacey ("Seller") (Brad DeSpain) Resolution No. 2000-77 - Substitution of Assurances: Performance Bond for Improvements to Cortaro Farms Road (Jim DeGrood) Resolution No. 2000-76 - Town of Marana Agreement for Purchase of Type 1 Non- Irrigation Grandfathered Water Right Extinguishment Credit from Territorial Fund, L.L.C. ("Seller") e Vice Mayor Reuwsaat made a motion to approve the Consent Agenda. This motion was seconded by Council Member Blake and unanimously approved. 4 JULY 5~ 2000 Bo COUNCIL ACTION 1. Resolution No. 2000-78 - Request to amend the Marana General Plan by suspending the Crescent Concept for Northwest Marana, as it applies to areas lying within the CD (Community Development Zone), as delineated on the General Plan Future Land Use Map (Joel Shapiro) Jim DeGrood briefly outlined the Crescent Concept and spoke about the development pressures that had been put on northwest Marana because of the endangered species designations and the completion of the Santa Cruz River bank protection. At 8:38 p.m., Council Member Honea left the Council Chambers. He returned to the dais at 8:40 p.m. Patrick Fahey, resident, spoke regarding his concern with the suspension of the crescent concept. He recommended that the Town not abandon the crescent concept until the Marana General Plan had been revised. Nancy Moll, resident, voiced her concern about the abandonment of the crescent concept and the high density zoning designations allowed in northwest Marana. A general discussion followed regarding the crescent concept and amendments to the Marana General Plan including conflicts existing within the plan. Gene Baker, representing Gladden Farms LLC, stated that a General Plan amendment was processed on this property approximately a year ago. Council Member Harn remarked that one of the intentions of the Marana General Plan was to encourage agriculture in northwest Marana. Upon motion by Council Member Harn and seconded by Vice Mayor Reuwsaat, Resolution No. 2000-78 was unanimously approved. M~A TOWN HALL JULY 5, 2000 Public Hearing - Ordinance No. 2000.09 - Rancho Santa Cruz (Gladden Farms) Rezone - Consideration of approval for a request to rezone approximately 717-acres of land located north of Tangerine Road, west of Postvale Road and south of Moore Road, in Section 34, Township 11 South, Range 11 East, and a portion of Section 33, Township 11 South, Range 11 East, from Zones "C' (Large Lot Zone), Zone "A" (Small Lot Zone) and "D' (Designated Floodplain Zone) to approximately 28 acres of "VC" (Village Commercial), 211 acres "R-6" (Single Family Residential, minimum lot size 6,000 sq. ft.), 79 acres "R-7" (Single Residential, minimum lot size 7,000 sq. ft), 107 acres "R-8" (Single Family Residential, minimum lot size 8,000 sq. ft), 141 acres "R-16" (Single Family Residential, minimum lot size 16,000 sq. ft), 36 acres "R-36' (Single Family Residential, minimum lot size 36, 000 sq. ft), 114 acres "R-144' (Single Family Residential, minimum lot size 144,000 sq. ft), Assessor's Parcel Numbers 217- 53-008G, 217-53-008B, 217-53-008E, 217-53-008D, and 217-53-00140. The applicant is Gladden Farms LLC, represented by The Planning Center, 110 $. Church St., Suite 1260, Tucson, AZ 85701. (Joel Shapiro) Upon motion by Council Member Honea, seconded by Council Member Kal, the Council voted unanimously to go into public hearing. Nancy Moll, resident, addressed the Council regarding her opposition to the zoning densities proposed for the Gladden Farms development project. She expressed her concern with the potential for transportation problems developing in northwest Marana similar to those currently existing in the Cortaro/I-lO area. Mayor Sutton commented that Town staff had been directed by Council to ensure that the roadway problems being experienced in the Cortaro/I-10 area were not repeated in the development of the northwest Marana region. Upon motion by Vice Mayor Reuwsaat, seconded by Council Member Ziegler, it was unanimously approved to come out of public hearing. Jim DeGrood gave a short history of this rezoning request. He stated that the Planning and Zoning Commission had recommended it for approval to the Town Council, subject to the recommended conditions. There are 20 existing conditions applying to this rezone request and ordinance. Gene Baker, representing Gladden Farms LLC, spoke briefly before the Council and pointed out some of the concessions that the developer had made in regard to this project. He stated that the developer intended to fully comply with the Marana General Plan. Council Member Ziegler complimented Gladden Farms on their proposed project. However, she said that she was not satisfied with the small lot sizes and that she was not comfortable approving any type of development in northwest Marana prior to the completion and implementation of a plan. Vice Mayor Reuwsaat stated that he was also apprehensive about approving this request without a Northwest Marana General Plan. He listed numerous factors that were not in place that would negatively impact on a premature decision regarding Gladden Farms. These factors included a tentatively proposed sewer treatment plant on Cortaro Road, an airport impact study, water and sewer service agreements, on-site and off-site parks, flood control fees, appropriate impact fees, and school sites. He added that the majority of these factors required extensive staff work and policy directives by the Town Council. Council Member Honea agreed with the Vice Mayor and Council Member Ziegler. He briefly outlined the R-6 zoning ordinance that allowed for a lot size of 4,000 - 4,500 sq. ft. if the remaining 2,000 sq. ft. was put into infrastructure improvements or the parks system. He used the Continental Ranch area as an example of density levels being too high and not compatible with the roadway system. He pointed out that most of the zoning there had been approved by Pima County prior to annexation into Marana and that the Town had to accept those higher densities. He asked that the R-6 zoning ordinance be put on a future agenda in order to be rescinded. He also spoke briefly about impact fees and the necessity for a variety of these fees for the funding of public amenities. He said that he was concerned with the project's transportation infrastructure and density cap. He also said that the abandoned farmland was not landscaped to leave an aesthetic value if used as open space. He pointed out that there would be no trees, cacti and natural desert terrain to compliment their project. He worried about where the maintenance responsibility would lie if these open spaces were re-vegetated. Council Member Honea added that the current sewer plant did not have the capacity to take on additional development. He concluded by stating that too many factors were still pending and vague for him to be in favor of approval of this rezone request. Council Member Blake agreed with the Vice Mayor and Council Members Ziegler and Honea. He said that the Council had already established precedence for the lower density zoning with the Silverbell Place Preliminary Plat requirements that follow this item on the agenda. Council Member Harn asked that Mr. Hein provide guidance and direction to the developers on what the Council required in order for the Gladden Farms project to move forward. Vice Mayor Reuwsaat stated that he was not in favor of denying this ordinance but that he wanted to continue this item indefinitely until most of the important issues associated with this development had been resolved. Council Member Honea reiterated that he was not against this project but that the Town was not prepared to accommodate another large development in the northwest region. Upon motion by Vice Mayor Reuwsaat, seconded by Council Member Honea, a continuance of Ordinance No. 2000.09, Rancho Santa Cruz (Gladden Farms) Rezone, was approved 5/2. The two dissenting votes were Council Members Harn and Ziegler. Public Hearing: Resolution No. 2000-66: Adopting a Parks System Master Plan element of the General Plan (Ken Lawrence) Upon motion by Vice Mayor Reuwsaat, seconded by Council Member Ziegler, approval to go into a public hearing was passed unanimously. There were no comments or discussion from the public. Upon motion by Council Member Kai, seconded by Vice Mayor Reuwsaat, it was unanimously approved to come out of public hearing. Ken Lawrence, Director of Parks and Recreation, gave a presentation regarding this item. He stated that this plan was developed to provide a framework for park acquisition and development within the Town's General Plan Boundary through the year 2020. He explained that it is intended to be a companion document to the General Plan by serving as the Parks and Recreation element and is based on established land use patterns, identified transportation improvements, and the development goals articulated in the General Plan. This document has been recommended for adoption by the Mayor and Town Council, the Town's Planning and Zoning Commission, and the Southern Arizona Homebuilders Association. The Town is attempting to establish a public park development assessment rate for new developments and an assessment rate of $500 per unit has been suggested. This assessment would cover approximately 3.34 acres of developed park space per 1,000 residents. Upon motion by Vice Mayor Reuwsaat, seconded by Council Member Ziegler, Resolution No. 2000-66 was unanimously approved. At 10:00 p.m., Mayor Sutton called for a short recess. The Mayor reconvened the Council Meeting at 10:17 p.m. with all Council Members present on the dais. Evaluation of Producers Cotton Gin Building: Staff requests Council's approval to contract with PAA, Inc., Architects & Planners, for the purpose of evaluating the current condition of the Producers Cotton Gin office building and to provide the Town with an estimation of costs for possible rehabilitation (Dick Gear) Mr. Hein explained that this item was pursuant to Council's direction for an assessment of this adobe building in terms of its historic value and any opportunities for restoration and preservation and incorporation into the Town's future. There was no further discussion regarding this item. Upon motion by Council Member Harn, seconded by Council Member Honea, the authorization to contract with PAA, Inc., Architects & Planners for an evaluation of the Producers Cotton Gin building was unanimously approved. 5. Transportation Finance Options Study for Marana Jim DeGrood announced that the transportation finance options study of the Continental Ranch region had been finalized by the Town's consultant, Curtis Lueck and Associates. He introduced Mr. Lueck who presented the study's findings and recommendations to the Council. The presentation covered the study's initial scope and consequent expansion, the study's boundaries and background including the issue of Highway User Revenue Funds (HURF) inequities for the Marana region and the need for alternate revenue sources because of the uncertain future of HURF. Other points discussed included the possible increase in the General Sales Tax rate as well as the Construction Sales Tax (CST) rate, an expansion of the Development Impact Fee (DIF) percentage, future roadway travel demands, and the several expensive roadway and freeway projects needed for this region. Five transportation funding scenarios were outlined and the recommended revenue scenario consisted of implementing a $2,500 DIF plus %% Sales Tax increase plus 1% CST increase. A general discussion followed regarding Mr. Lueck's presentation and the possible solutions to Marana's transportation needs. 9 6. Discussion/Direction: Ultimate Town Boundaries Mr. Hein described the proposed nine geographic locations which would be considered for the future focus of annexation efforts. A map and written synopsis of these locations has been made a permanent part of this record. A short discussion followed. Upon motion by Council Member Harn, seconded by Council Member Honea, authorization to proceed with the acquisition of land within the proposed ultimate Town boundaries was unanimously approved. Resolution No. 2000-75: Silverbell Place Preliminary Plat: Request for Approval of a 153-1ot single family detached home subdivision Preliminary Plat on 39.45 acres located west of Silverbell Road between Cortaro Road within a Portion of the W1/2 of Section 35, Township 12 South, Range 12 East. Property Owner/Applicant is D.R. Horton, Inc., 525 E. Williams Circle, Tucson, AZ (Joel Shapiro) There was no discussion regarding this item. Upon motion by Council Member Honea, seconded by Council Member Kai, Resolution No. 2000-75 was unanimously approved. 8. Award of Proposal for Tucson Water Appraisal (Brad DeSpain) J Mr. DeSpain announced that the Tucson Water Appraisal had been awarded to StanTec. Upon motion by Council Member Blake, seconded by Council Member Honea, authorization to contract with StanTec for the Tucson Water appraisal was unanimously approved. Oro Valley Water Utility Providing Water Service to Lots 8715, 8725, 8735, and 8745 N. Camino de Oeste. Mr. Hein stated that these residences were within the municipal boundaries of the Town but were outside of the Marana Municipal Water's service areas. He explained that the Oro Valley Water Utility has a water main along Camino de Oeste and is willing to provide water service to the lots on a permanent basis. Mr. DeSpain explained that an intergovernmental agreement regarding this service by Oro Valley Water Utility to these Marana residences was being negotiated. The agreement would allow Marana to receive credit for those four services in negotiations on Section 23. 10 Upon motion Vice Mayor Reuwsaat, seconded by Council Member Blake, authorization to allow Oro Valley Water Utility to provide water to 8715, 8725, 8735 and 8745 N. Camino de Oeste with the understanding that these lots be deducted from the total units served by the Town of Marana in Section 23 was unanimously approved. C. Mayor and Council's Report Council Member Honea commented that he was dismayed and embarrassed with the inaction by the Council regarding the Gladden Farms Item B. 2. that was heard earlier in the meeting. He requested that the Town move forward with the formation of a Northwest Regional Plan before January 2001. Council Member Harn commended the Marana Police Department and Town staff on their hard work involving the recent Fourth of July celebration. She said that, with an estimated attendance of 30,000, the event was very successful. Council Member Ziegler stated that she had been requesting the completion and approval of a plan for the northwest Marana area for a considerable amount of time. She said that she was not surprised with the outcome of tonight's meeting because this plan had not been completed and implemented. Also, she complimented the Town staff on the fireworks display and holiday festivities held on the Fourth of July at the Marana Northwest Regional Airport. Vice Mayor Reuwsaat thanked the Council and staff for the flowers and food that were sent to his home during his convalescence from knee surgery. Mayor Sutton reported that the Independence Day celebration was a great event for Marana and that he had enjoyed the festivities. He announced that he would be out of town for the next several weeks and could be reached on his mobile phone. D. Manager's Report Mr. Hein reported that an update on the Fourth of July event would be forthcoming from staff and the Chamber of Commerce at the July 18, 2000, Council meeting. He said that he was very pleased with the Parks and Recreation staff participation that allowed the Town to hold family events and contests such as sack races and pie-eating contests at the Fourth of July gala. He also reported that he would be continuing his talks with the City of Tucson regarding water issues. 11 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 5, 2000 X. FUTURE AGENDA ITEMS Mayor Sutton requested that the R-6 zoning designation and minimum lot size is discussed at a future meeting. He asked that a report be submitted to Council at the July 18, 2000 meeting of the direction of the Northwest Marana Plan. He stated that he would like to see the Arizona Open meeting law printed on the back of the agenda forms. Council Member Ziegler agreed with the Mayor that the "truth in zoning" concept be discussed at the next meeting. She also requested that the pygmy-owl critical habitat issue be placed on the next agenda as well. Vice Mayor Reuwsaat requested that a request to bring forward the park dedication impact fee be put on the next agenda. He asked that a policy statement listing the acceptable and non- acceptable considerations for development until the Northwest Marana Plan was in place be presented at the next meeting. He thanked Dan Hochuli for speaking out to the public on the legal ramifications for the Town regarding the recent issue with sexually-oriented businesses locating within the Town limits. Council Member Blake asked that a staff report outlining the Town's expenses for set-up, working the event on July 4th as well as clean up is presented at the next meeting XI. ADJOURNMENT Upon motion by Vice Mayor Reuwsaat, seconded by Council Member Ziegler, adjournment was unanimously approved. The time was 11:32 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July 5, 2000. I further certify that a quorum was present. ~elyn C/--~r~tz, T°wn Cle~k~ 12 MARANA TOWN COUNCIL fi,IEE~G Public Attendees Address