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HomeMy WebLinkAbout10/17/2000 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall, October 17, 2000 CALL TO ORDER By Mayor Sutton at 7:03 p.m. II. III. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Ed Honea Herb Kai Ora Mae Harn Roxanne Ziegler Jim Blake Mayor Council Member Council Member Council Member Council Member Council Member Present Present Present Present Excused Present STAFF Michael Hein Michael Reuwsaat Dan Hochuli Jocelyn Entz Jim DeGrood Town Manager Assistant Town Manager Town Attorney Town Clerk Development Services Administrator The list of public attendees is attached. APPROVAL OF AGENDA Upon motion by Council Member Harn, seconded by Council Member Honea, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Minutes of Special Meeting - September 26, 2000 Minutes of Study Session - September 26, 2000 Upon motion by Council Member Blake, seconded by Council Member Honea, the minutes for both of the aforementioned meetings were approved unanimously. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Ms. Entz introduced Lori Mendibles, Office Support Clerk, to the Council. Ms. Mendibles, the newest employee in the Clerk's department, was formerly employed for 14 years by BHP in San Manuel, AZ. Jody Detrick, representing the Wal-Mart Super Center, addressed the Council in order to present Council Member Ham with an award from the National Center for Small Communities (NCSC). The award was for Outstanding Leadership in a Small Community. The NCSC, a non-profit organization devoted to serving the leaders of smaller communities, and the Wal-Mart Corporation teamed together to sponsor this award. Ms. Detrick presented the Town with a check for $5,000 in Council Member Ham's honor. Council Member Harn commented that the City of Oro Valley had been especially supportive of Marana over the years and she urged everyone to return that support by attending the 74 Annual Jazz Festival being sponsored by the Oro Valley Arts Council. The festival will be held at Dennis Weaver Park on October 21 and 22, 2000. Ray Osowski thanked the Mayor for mediating a recent Candidates' Night forum at Dove Mountain. He praised Mayor Sutton and the Town Council members for participating in this community event. Jane Howell addressed the Council and audience regarding the retirement of Harvey Henson, Sr. Maintenance Worker. She gave a brief history of Mr. Henson's tenure in the Public Works Department and thanked him for his service to the Town. Mr. Henson who was not present at this meeting and, at a later date, a letter from the Mayor and a plaque will be presented to him. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2000-112: Authorization for the Town of Marana to enter into an Intergovernmental Agreement with Pima County for the regulation of public property within each other's jurisdiction (Jim DeGrood) 2 2. Consideration of a request for the Town of Marana to contract with MS Transportation to supply limited public transportation at the PGA golf tournament co-hosted by The Gallery Golf Club (Dick Gear) Upon motion by Council Member Harn, seconded by Council Member Honea, the consent agenda was unanimously approved. B. COUNCIL ACTION Public Hearing on the Ina Road/Silverbell Annexation: Consideration of the Town of Marana's desire to annex approximately 150 acres adjacent to Ina and Silverbell Roads south of the Continental Ranch area. The area is located in Section 2, Township 13 South, Range 12 East. No action will be taken at this hearing. (Dick Gear) Dick Gear gave a brief explanation of this annexation consideration. He said that there were approximately five property owners in the area and all had been notified by letter of this action. He stated that the area was currently zoned both R-144 and R36 with a small property that was commercially zoned. He remarked that this was a typical annexation and was within the designated ultimate Town boundaries. Mr. Harn asked Mr. Gear to expand on the annexation process for the benefit of the audience and Council. Mr. Gear continued the explanation by stating that, subsequent to a public hearing on the annexation consideration, letters and petitions would go out to property owners who would be asked to sign and return those documents. Once the number of signatures reaches a minimum of 51% and the value of the property reached a minimum of 51%, then the annexation would be accomplished. A public hearing would then be held to request approval for an ordinance regarding the annexation. Mayor Sutton asked Mr. Gear to clarify that this consideration was not relating to a rezone request and to make clear to the audience exactly what the Town's plans were regarding the 150-acre parcel. Mr. Gear said that one of the primary reasons for posting public notices within an annexation zone was to alert the public of the pending action. The public notices informed the individuals living within the annexation area of the opportunity to attend a public hearing and voice their opinion of that action. He said that, with respect to a rezone action, there was a radius of influence around the particular rezone area and individuals living within that radius were allowed to voice their opinions at the public hearing. With an annexation, the completion of the process hinged on the percentage of property owners within the annexation area who were in favor of the action. 3 Mr. Hochuli commented that no Council action would be taken at this meeting and that it was simply a public hearing regarding the proposed annexation. He added that, if the properties were ultimately annexed, the Council was not legally allowed to change the zoning or land use in such a way that the density or the intensity of the land use, at the time of annexation, was increased. He explained that, once the property was within the Town boundaries, the property owner was free to seek a rezone and would be subject to the standard regulations for that procedure. Upon motion by Council Member Ham, seconded by Council Member Blake, it was approved to go into public hearing. James Walsh, Pima County resident, voiced his opposition to this consideration. He said that his property abutted the annexation property and he could see no other reason why the Town would want to annex this property if not to rezone it to a higher density. Mayor Sutton replied that an extensive study had been made by the planners on the ultimate Town boundaries as well as the services and infrastructure the Town would eventually provide to these areas. He added that this particular area was within the ultimate boundary projections and explained that annexation requests usually were initiated by the property owners. Mr. Hein said that this was an appropriate question but that the Town had not been approached by the property owners for a rezone. He continued by adding that land use control was important to Marana particularly because the abutting neighborhoods impacted the Town's infrastructure. As an example, he cited the Cortaro Road/I-10 area where approximately 66% of the traffic was generated from outside of the Town's boundaries but Marana was held responsible for correcting these transportation problems. He listed various pitfalls of wildcat subdividision land uses that were allowed by Pima County in certain suburban residential zonings. He remarked that having control of the land use would also ensure that the Town received revenues toward the infrastructure and transportation improvements. He commented that Marana had a 3% construction sales tax that was higher than any other municipality in the area and that the Town was hoping to increase this tax next month. He stated that the Town also received shared revenues from the State and these revenues were based on per capita figures. He said that, without any zoning change, the Town would benefit from the commercial development of the property as well as from the per capita shared revenues. Marana would not receive any benefits by allowing Pima County to develop the property but would suffer the negative impacts on its infrastructure. He said that there were several reasons a property owner would want to be annexed into a municipality. These reasons included better emergency response times and police protection. He concluded by stating that the Town did not know the property owners' 4 intentions at this time but that the annexation would give Marana the ability to control its own destiny as opposed to being subject to Pima County's control. Paul Roelike, Pima County resident, asked about annexation time frames. Mr. Hein explained that State statutes mandated holding a public hearing within 30 days after the blank annexation petition was filed. He said that, after 30 days, petitions could be sent out to the property owners in order to get the property value threshold and the number of property owners either concurring or objecting to the action. After that, the issue would go before the Council for adoption of an ordinance. The blank petition would expire after one year if no action was taken. Jim Danhof, a Pima County resident, spoke about his opposition to the proposed annexation. His property borders the 60-acre parcel just southeast and southwest of the Silverbell/Ina Roads intersection. He was very concerned with the potential loss of his rural lifestyle as well as the desert landscapes and open spaces. He voiced his opinion that the Town was catering to the developers instead of the area's residents. Mayor Sutton commented that a large group of concerned County residents had been heavily involved in study sessions regarding zoning designations, development planning, infrastructure and roadway improvements for the Continental Reserve region. The Mayor defended the Town's track record for listening to and caring about its residents as well as its Pima County neighbors. He offered to provide Mr. Danhof with several names of County residents that had previously worked with the Town. Chris Davis, Pima County resident, asked if the owners of the surrounding properties would have a voice in the decision making process when the development planning began on this proposed annexation area. Mayor Sutton replied that there would be an opportunity for the neighboring property owners to participate in the planning of any development of the Ina/Silverbeil Roads area. Again, the Mayor explained that, by law, the annexation process was primarily geared toward the property owners' concurrence but that any rezone effort would be open to public input. Mr. Hein stated that the rezoning notice requirements were much more stringent than the requirements for an annexation in regard to certified mailings to property owners within a 300-ft. radius. He noted that these requirements were also applicable for Pima County rezones and annexations. He pointed out that, in the past, some County residents had been more active in the decision-making process than Town residents when certain issues were being studied by Marana staff. He explained that this was mainly because these County residents were impacted more by the possibility of a development or proposed zoning change within their area. He stated that they had met with the developers and worked out ways to preserve their rural lifestyles, sense of space and buffers. He finished by saying that it was difficult for him to speak directly to this issue without knowing what was planned for the property in question. Chris Davis continued by asking if the fate of the annexation hinged on the desires of the majority of property owners or the majority of the value of the combined properties. Mr. Hein replied that both were necessary and explained that over 50% of the property value of the annexation area as well as over 50% of the landowners must be in favor of any annexation effort for it to be successful. Helen Wilson, representing Pima County Board of Supervisors Chair Sharon Bronson, spoke before the Council regarding this issue. She implied that this effort would have a negative impact on the County. Ms. Wilson asked, on her own personal behalf, for the Town not to consider this annexation until the County infrastructure was in place south of this 150-acre area. She also asked that, if the annexation was completed, the Town keep the zoning at its current designation. Teresa (last name inaudible), a County resident, voiced her distrust of the intentions of the Town Council regarding this effort and said that she did not believe that they had the residents' best interests in mind. Shirley Birnel, a County resident, spoke before the Council but, due to technical difficulties, her comments were inaudible. Carol Klamerus, a County resident, said that she had a vision for the area south of Ina and west of Silverbell to remain zoned SR. Bruce Paulson, a County resident, stated his opposition to the annexation effort and said that he was particularly concerned about the displacement of native wildlife that had occurred due to the rise in traffic levels over the past several years. He asked if an environmental impact statement had been issued for this annexation. Mr. Hein gave an example of a situation where the Town had been contemplating a 4- lane divided realignment at the Silverbell/Ina intersection. This realignment was proposed in order to convey traffic and free the area of congestion. Pima County, with this realignment bond money, designed the intersection for 2-lanes at a 25-mph speed limit and with a drainage swale through the middle of the intersection. He remarked that the Town could construct and design better projects with these resources. He continued by emphasizing that Marana was not promoting high-density development but wanted to control the land use around its boundaries so that the Town could receive its fair share of the infrastructure funding. Mr. Paulson asked about the considerations that had been made for the bird populations along the Santa Cruz River. Mr. Hein replied that Marana had given a great deal of thought to the planning of wildlife sanctuaries along the waterway and was very concerned with the plans for the Santa Cruz Corridor. He pointed out that some people looked at the river as simply a source for effluent and water resources, while others saw it for a variety of purposes. He said that the Town was presently coordinating the Santa Cruz Linear Park project that not only enveloped The DeAnza Recreational Trail but also explored the possibility of environmental restoration for that portion of the river. He added that the Corp of Army Engineers would be in this area later next week to discuss another project being planned in conjunction with the City of Tucson, Pima County and the Town of Marana. The Tres Rios Del Norte project was a plan to develop pockets of habitat along the waterway in order to encourage the migration of species. He emphasized that the Santa Cruz River was the Town's main feature and controlling its development in order to create an asset to the community was a goal. Council Member Harn commented that the Town was more than willing to listen to the County neighbors and their desires for the development of the outlying areas surrounding Marana. She encouraged all that were interested in working with the Town to contact the Jim DeGrood in order to become involved in development studies. Mayor Sutton also encouraged anyone interested in participating in the development of Marana to contact him or the Town Manager. Michael Carlier, prospective buyer of the 150-acre parcel, stated that the applicant, The University of Arizona, was making the annexation request because of his request of them. He said that his concerns regarding planning, transportation, and infrastructure in this area were deep rooted as he also has owned land further west on Ina Road for many years. He said that he had not received any satisfaction on development issues from Pima County and hoped that, with this annexation, he would have a more successful time with Marana and the planning effort. He said that he was aware of the Town's intentions for the development of Ina and Silverbell Roads and that he wanted to be a part of the Town in order to have a stronger voice in these plans. Mayor Sutton commented that many of the audience members were also interested in becoming a part of the planning efforts if this annexation process was successful. He said that if a rezone came through at a later date that these County neighbors were very interested in joining Mr. Carlier in the development planning of his properties. Mr. Carlier said that planning was the key part of the entire issue. He remarked that he was not able to move forward with any type of development of this property until decisions regarding transportation and infrastructure were made by Marana. Mayor Sutton explained that there was a rezone process that needed to be followed and that this property was eligible for a rezone request just as any other property within Town boundaries would be eligible. Council Member Honea commented about an earlier reference made regarding the Diamond property that is contiguous to this annexation parcel. He remarked that representatives for Mr. Diamond had asked the Town to annex that property and had submitted their tentative plans for review. The Town was not happy with these plans and, subsequently, the annexation was not successful. He continued by stating that Mr. Carlier had every right to develop the property through its present mix of zoning designations. He added that he supported this request for annexation because he wanted to have a voice in the development of this property. Upon motion by Council Member Kal, seconded by Council Member Honea, it was approved to come out of public hearing. Mayor Sutton called for a brief recess of the meeting at 8:07 p.m. The meeting was reconvened at 8:29 p.m. with all attending Council members present on the dais. Ordinance No. 2000.~8: amending Chapter 3 (Purchasing) of the Town Code relating to adding the signature of the Finance Director to the Town's checking account (Dan Hochuli) Mr. Hein explained that this item was a correction to the Town Code ailowing the Finance Director to be a signatory on Town checks. Upon motion by Council Member Blake, seconded by Council Member Honea, Ordinance No. 2000.18 was unanimously approved. Request for Additional Staff for Recreation Programs (Ken Lawrence) Mr. Reuwsaat addressed the Council on this item and said that, due to an expanded program this year, a need for additional staffing existed. He explained some of the program oversights and pointed out areas where staffing was limited. Upon motion by Council Member Honea, seconded by Council Member Blake, authorization for additional staffing for the Parks and Recreation Department was unanimously approved. It was also unanimously approved that the recommended funding source for these positions be the Manager's contingency fund. 8 4. Resolution No. 2000-111: Northwest Marana General Plan Amendment (Jim DeGrood) Mike Reuwsaat gave a brief overview of the progress that had been made with the Northwest Marana General Plan Amendment process over the past few months. He said that this Plan represented the final work product of Town officials, staff, consultants and interested citizens. He thanked all of the participants for their hard work. A handout describing the amendments being recommended for the Marana General Plan was distributed to the Council and has been made a permanent part of this record. The additions suggested for inclusion in the Plan were: 2. 3. 4. 5. Development Reserve Area designation Clarification of Ranchettes/Estates Classified Lands Lot Size policies added to the Land Use Element Height Relationship to Existing Residences Policy Height Relationship to Arterial & Collector Roads Jim DeGrood also thanked everyone for his or her hard work during the amendment process. He said that these additions were approved by the Planning and Zoning Commission at the October 11, 2000 meeting. Georgia Acker, Marana resident, stated that she had initially had concerns with height relationships to existing residences and stated that the addition of a policy guiding this relationship had eased her mind. Bill Schisler congratulated everyone on the finalization of this amendment regarding the Northwest Marana General Plan. Jack Townley addressed the Council regarding this Plan and asked for a clarification on several points included in the additions. One of those points was a definition for a major residential collector. Mr. DeGrood replied with an explanation of arterial and collector roads. Another point Mr. Townley asked for clarification on was the allowance of different uses within a designated zoning. He used the Cal-Mat property area as an example. Mr. DeGrood replied that superceding policies regarding land use within a specific plan would govern the land uses. He specified that certain uses such as roadway alignments that were more appropriately reflected in this Plan than in prior plans would take precedent over existing uses. 9 Carl Winters, representing Marana residents Wengert, Paddock and Ong, spoke before the Council regarding this item. He said that these residents were caught late in this planning process and were requesting that the Council reconsider some of its decisions regarding roadway access in the western portion of Northwest Marana. He also spoke about plans for an equine center that were being studied and asked for the Council's support on this effort. He concluded by stating that the Plan was based on the Town's ability to provide sewer service and he hoped that this also included roadway system improvements. Mayor Sutton commented that the Northwest Marana General Plan was still in the draft stages and that the Council was more than willing to review and update certain portions of the Plan to better suit the various stakeholders. Council Member Honea asked if restrictions could be raised to have no multi-storied residential construction allowed for lots abutting an arterial or collector roadway as opposed to the proposed 40% allowance. He said this higher restriction would allow for better views into neighborhoods than when multi-storied units were built alongside the arterial roadways. He also asked for clarification regarding the 100-ft. setback requirement for multi-storied structures where single story residential construction existed. Mr. DeGrood replied that usually this restriction would eliminate the allowance of multi-storied units being built along arterial roadways. Mr. Hein said that, during the platting process, the Council could place a height restriction on lots along the arterial roadways. He added that the purpose of the Plan was to provide guidance as well act as a tool for the planners and the community to preserve and respect the existing lifestyles in the Northwest Marana area. Council Member Honea spoke about his opinion of the high-density designations that were proposed for the area east of the Interstate at Tangerine. He said that this area had many transportation problems and he believed that the densities were too high to be supported by the roadway system serving that area. Mayor Sutton said that appearances were important in terms of how neighborhoods were viewed from the roads and that staggering of multi-storied structures alleviated much of this problem. Mr. DeGrood said that, on a staff level, the individual proposals from developers would be reviewed. 10 A general discussion followed regarding multi-storied structures, arterial roadway buffers and setback requirements. Mr. Hein stated that the most difficult area to plan was the Interstate area at Tangerine because of the flooding, transportation, water and sewer issues. He said that most of the interested developers had always contemplated development with high-density but had planned innovatively by using golf courses and drainage retention areas as buffers for residential areas. He said that the Town had looked at this area for industrial use but market studies for the commercial absorption did not support this type of use. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2000-111 was unanimously approved. C. Mayor and Council's Report Council Member Harn reported that she and Mr. DeGrood were taking a goodwill trip to Kosovo on October 23, 2000. She said that, in addition to trying to establish sister-city ties, the two would observe the election process. She said that numerous gifts were being donated by the Town and other community organizations. D. Manager's Report Mr. Reuwsaat said that he was very proud to be involved with this community and that he looked forward to continuing his work with Marana. XI. ADJOURNMENT Upon motion by Council Member Blake, seconded by Council Member Honea, adjournment was unanimously approved. The time was 9:13 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 17, 2000. I further certify that a quorum was present. 11 N~lm~ 7~t~ ~ 70/