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HomeMy WebLinkAbout05/18/1999 Regular Council Meeting MinutesMINUTES OF REGULAR CO'UNCIL MEETING MARANA TOWN COUNCIL MAY 18, 1999 PLACE AND DATE Marana Town Hall, May 18, 1999 CALL TO ORDER By Mayor Ora Mae Ham at 7:03 p.m. II. III. PLEDGE OF ALLEGIANCE Led by Mayor Ora Mae Ham INVOCATION Led by Captain Paul Ruehl, Salvation Army IV. Ye VI. ROLL CALL COUNCIL Ora Mae Harn Bobby Sutton, Jr. Ed Honea Herb Kai Sherry Millner Michael Reuwsaat Roxanne Ziegler Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Present Present Present Present Present Present STAFF Michael Hein Dan Hochuli Jocelyn Entz Joel Shapiro Jerry Flannery Lynn Warde Town Manager Town Attorney Town Clerk Principal Planner Development Services Administrator Secretary to the Town Clerk APPROVAL OF AGENDA A motion was made by Council Member Mike Reuwsaat, seconded by Council Member Roxanne Ziegler, to approve the agenda with the exception of Consent Item IX. 5 being moved to the June 1,1999 Council meeting agenda for consideration. The motion carried 7/0. ACCEPTANCE OF MINUTES Minutes of Study Session - April 27, 1999 Minutes of Regular Council Meeting - May 4, 1999 VII. VIII. IX. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MAY 18, 1999 A motion was made by Council Member Ed Honea, seconded by Vice Mayor Bobby Sutton, to accept the Minutes of the Study Session held on April 27, 1999, and the Minutes of the Regular Council Meeting held on May 4, 1999. Motion carried 7/0. CALL TO THE PUBLIC/ANNOUNCEMENTS Mayor Ora Mae Ham pointed out a painted banner and poster hanging on the chamber wall and informed the Council and audience that this was presented to the Town from the Little League teams in appreciation of the new field lighting. STAFF REPORTS There was no discussion. CONSENT 1. Resolution No. 99-48 - Request by Marana Police Department for renewal of undercover vehicles registrations (Dave Smith) 2. Resolution No. 99-49 - Amendment to Intergovernmental Agreement for use of the Multi-Agency Mutual Aid System (Dave Smith) 3. Resolution No. 99-53 - Abandonment of Old Cortaro Road No. 502 from Silverbell Road easterly a distance of 1,200 feet more or less (Dave Atler) 4. Ordinance No. 99.12 and Resolution 99-38 - Second Reading - Adoption of Revised Personnel Policies 0an, Johnson) Resolution 99-50 - A resubdivision of Continental Ranch Parcels 36-38 & 40, Phase III: Request for Approval of a 101-Lot Single Family Detached Home Subdivision Final Plat on 34.45 Acres Located in a portion of the South 1/z of Section 16 and the North 1/z of Section 21, Township 12 South, Range 12 East. Property Owner/Developer is Del Webb's Coventry Homes Construction of Tucson, 1565 E. Rancho Vistoso Boulevard, Oro Valley, Arizona 85737 (Joel Shapiro) A motion was made by Council Member Reuwsaat, seconded by Council Member Roxanne Ziegler, to approve the agenda with the exception of Consent Item IX. 5 being moved to the June 1,1999 Council Meeting agenda for consideration. The motion carried 7/0. X. GENERAL ORDER OF BUSINESS MINUTES OF REGULAR COUNCIL MEETING MA'RANA TOWN COUNCIL MAY 18, 1999 A. Public Hearing Resolution No. 99-51 - Appeal of the Planning and Zoning Commission April 28, 1999 Denial of CUP-9938, a Conditional Use Permit for a Medical Waste Processing Facility by Aegis of Arizona, LLC (Joel Shapiro) Vice Mayor Sutton made a motion, seconded by Council Member Herb Kai, to go into public hearing. Motion was approved 7/0. Mayor Ham declared the Council meeting in public hearing. Mike Hein, Town Manager, spoke briefly about the appeal of the zoning commission denial of a Conditional Use Permit (CUP) for a medical waste processing facility by Aegis of Arizona, LLC. Mayor Ham inquired about the time limit for speakers and was informed by Dan Hochuli, Town Attorney, that the limit was five minutes. The Mayor requested that Jocelyn Entz, Town Clerk, track the speakers' time. Mark B. Ritter, 6808 N. Camino Martin, spoke first before the Council about his objections to the medical waste facility being located in his neighborhood. Mr. Ritter read a letter into the record protesting the opening of Aegis of Arizona. The letter focused on the dangers posed by exposing the children and residents to the contaminants brought into the area for processing at Aegis of Arizona and the grave concerns about the possibility of medical waste being shipped in from other areas. Additionally, Mr. Ritter stated that allowing Aegis of Arizona to operate within the Town would open the door for other medical waste processing companies to locate in that area. He presented the Council with 120 signatures in favor of Town legislation restricting these types of businesses. Lewis Johnson, 7020 N. Camino Martin, spoke before the Council regarding his objections to the operation of a medical waste facility in his neighborhood. Mr. Johnson sited the Marana Ordinance 95.26 that changed the zoning of the Camino Martin property from residential single family to high industrial. This ordinance has a condition that the minimum lot size for this parcel remain at 6 acres and, if any splitting of the property occurred, a new development plan would have to be submitted. Mr. Johnson pointed out that the new development plan had not yet been approved. Mitchell L. Payes, 5878 N. Bright Star Dr., an occupational and environmental hygiene consultant and agent for Aegis of Arizona, presented information that strongly supported the medical waste facility operation at the Camino Martin location. Mr. Payes used an overhead projector and a video in his presentation to show various processing operations and equipment used by Aegis of Arizona. There was no further discussion. A motion was made by Vice Mayor Sutton, seconded by Council Member Reuwsaat, to end the public hearing. The motion passed 7/0 and the Mayor called the meeting out of public hearing. MINUTES OF REGULAR COUNCIL iMEETING MARANA TOWN COUNCIL MAY 18, 1999 At this time, Council Member Reuwsaat moved to affirm the April 28, 1999, decision of the Planning and Zoning Commission. Council Member Ziegler requested that further explanation be added to the motion for clarity. The motion was amended to state that Council Member Reuwsaat moved to affirm the April 28, 1999, decision of the Planning and Zoning Commission to deny the Conditional Use Permit CUP-9938. The motion was seconded by Vice Mayor Sutton and approved 7/0. There was no further discussion. Public Hearing Ordinance No. 99.14 - Request for Rezone by Best Associates, LLC: Consideration of Approval of a Request to Rezone Assessor's Parcel Number 221-01- 0010, Consisting of Approximately 32 Acres, Located in a Portion of the North 1/2 of Section 19, township 12 South, Range 12 East Lying Adjacent to and North of Twin Peaks Road, from R-144 (Single Family Residential, minimum lot size 144,000 sq. ft.) to R-6 (Single Family Residential, minimum lot size 6,000 sq. ft.) and Rezone a Portion of Assessor's Parcel Number 226-03-033H, Consisting of Approximately 29.8 Acres in the West 1/2 of Section 17, Township 12 South, Range 12 East, Lying North of Twin Peaks Road, from Zone "C" (Large Lot Zone) to R-6 (Single Family Residential, minimum lot size 6,000 sq. ft.). The Applicant is Best Associates, L.L.C., 6339 East Speedway, Suite 200, Tucson, Arizona 85710 (Joel Shapiro) Mike Hein, Town Manager, spoke briefly about the key elements of this rezoning effort and confirmed that it was consistent with the intent of the General Plan. Council Member Ed Honea made a motion, seconded by Council Member Reuwsaat, to go into public hearing. The motion was approved 7/0 and Mayor Ham declared the meeting in public hearing. There were no public comments. Vice Mayor Sutton made a motion, seconded by Council Member Reuwsaat, to end the public hearing. The motion was approved and passed 7/0. Vice Mayor Sutton addressed the Council concerning a request to address the Council that had been phoned in to the Town Clerk's office. Ms. Entz confirmed that Dave Bittel, Arizona Portland Cement, had requested an opportunity to address the Council regarding this rezone issue but was unable to arrive at the Council meeting until 8:00 p.m. At this time, the Council voted to move forward on the agenda and return to come back to item B. Public Hearing Ordinance No. 99.13 o Rancho Marana Specific Plan Amendment:. Request for approval to amend the Rancho Marana Specific Plan to (1) Split Master Developer responsibilities along ownership lines and (2) Update the circulation Concept Plan to be consistent with the La Mirage subdivision plat. Subject property is located within Sections 26, 27, & 28, TllS, RllE. Applicant is Doerken Properties, Inc., 11835 Olympic Boulevard, Suite 975, West Los Angeles, CA 90064 (Joel Shapiro) MINUTES OF 'REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MAY 18, 1999 Mr. Hein stated that these amendments simply split the old Rancho Marana Specific Plan into 2 specific plans reflecting a division in ownership and subsequent division of Master Developer responsibilities. A motion was made by Council Member Honea, seconded by Council Member Reuwsaat, to go into public hearing. The motion passed unanimously 7/0. There were no public comments. A motion was made by Council Member Honea, seconded by Council Member Reuwsaat, to end the public hearing. The motion was approved 7/0. There was no further discussion on this item. A motion was made by Council Member Honea, seconded by Council Member Reuwsaat, to approve the ordinance. The motion passed unanimously 7/0. D. Resolution No. 99-55 - Agreement between the Town of Marana and Doerken Properties, Inc., a corporation qualified to do business in Arizona, for construction of water facilities and provision for water utility service on property know as La Mirage (Brad DeSpain) Mr. Hein commended Joel Shapiro, Planning Director, Brad DeSpain, Utilities Director, and the Town staff for keeping this two-year project on track and on schedule. He further explained that this resolution was basically a standard water service agreement. There was no further discussion and a motion was made by Vice Mayor Sutton, seconded by Council Member Roxanne Ziegler, to approve the resolution. The motion passed 7/0. E. Resolution No. 99-54 - Adoption of a Development Agreement with Doerken Properties, Inc., for the development of La Mirage subdivision (Dan Hochuli) Mr. Hein gave a brief explanation of the resolution and stated that Dan Hochuli, Town Attorney, had spent many hours on the issues relating to this item. Council Member Reuwsaat asked that the Council address three issues relating to this resolution. These issues were that the housing be restricted to stick built, and the additional access point of ingress/egress into the property along with the assurance that the Tangerine Road connection was completed regardless of whether or not the Patton Crossing improvements occurred, and lastly that the protected development rights not preclude things that may be forced upon the Town in the future such as issues relating to the Core 404 permit or the ferruginous pygmy owl. Mr. Hein replied that Town staff had anticipated the stick built issue being raised and that this was hopefully covered with Item X.F. which followed next on the agenda and dealt with the conditions and restrictions of the final plat. He further stated that Council Member Reuwsaat was correct in that Resolution 99-54 basically required the Tangerine loop road to be completed for full development of the property. Council Member Herb Kal asked Mr. Hein to inform Council with the number of housing units in Phase I and Phase II that the Patton Crossing had served. Mr. Hein MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MAY 18, 1999 explained that this was shown on a chart in the final plat that would be discussed with Item X. F. Dan Hochuli, Town Attorney, addressed Council Member Reuwsaat's question regarding the protected development rights. Mr. Hochuli stated that the protected development section of the La Mirage subdivision Development Agreement contained language that was not designed to assure that there would not be impact fees or any other development fees assessed against the property. He further stated that the purpose of this language was to vest the developer's rights regarding the uses, density and intensity, and maximum height and size of buildings, and that this essentially says the Town cannot downzone the developer's property against any of those conditions during the term of the development period. Frank Bangs, Doerken Properties representative, spoke before the Council regarding Council Member Reuwsaat's questions. Mr. Bangs stated that the ingress/egress Tangerine Road connection had to be in place to make this development viable and the protected development rights is not intended to prevent Marana from assessing future impact fees. He further stated that the specific plans for the development allowed for multi-sectional, manufactured homes built to HUD code but that the intentions of Doerken Properties relating to La Mirage were to build high quality stick built housing commensurate with the amenities that are being constructed in the subdivision. At this time, the Council took a brief recess and reconvened at 8:27 p.m. with all Council Members present on the dais. Frank Bangs spoke again to the Council and stated that Doerken Properties would like to preserve the opportunity to use manufactured housing built to uniform code if it proves to be economically attractive in the future. A general discussion among the Council Members, Mayor and Mr. Bangs followed. The Council voiced numerous concerns centering around slab-pored, site-built housing versus manufactured or modular. Vice Mayor Sutton stated that he would provide the Council with visuals that he had recently received when attending a home show. The discussion changed to the subject of the Patton Road railroad crossing and road improvements associated with this subdivision. Through Dan Hochuli, Town Attorney and Mike Hein, Town Manager, it was made clear to the Council that Grier Road was not to be utilized during the construction period. It was further stated that upgrades were to be made to the Patton Road railroad crossing such as barriers and lights or the Tangerine Loop Road was to be completed. Frank Bangs stated that, according to his understanding of the development agreement, Doerkin Properties was obligated within one month of the Council's approval of the final plat to begin these improvements and upgrades. Mr. Hein said that Doerken Properties, Inc. had an option to either build Patton Road to La Mirage or, before Doerken Properties, Inc. is allowed to start any construction, the Tangerine Loop Road must be constructed. MINUTES OF 'REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MAY 18, 1999 Council Member Ziegler stated that the Council was not expecting the developer to construct both roads but that if the Tangerine Loop Road was completed then the Patton Road crossing improvements are not necessary. Mr. Bangs stated that in terms of the development agreement permits Doerken Properties, Inc. to exchange right of way in future for other attractive uses. Council Member Reuwsaat stated that this particular scenario was another example of why the Town should have hard zoning. Mr. Hein stated that he was very comfortable with the transportation issues and felt the Town was much better off than two years ago. He added that the developer had made some concessions because they believe that it helps the marketablity of their project as well. Vice Mayor Sutton made a motion to adopt Resolution No. 99-47 with the condition that the type of housing that will be built be approved by Council and not by Town staff. The motion was seconded by Council Member Herb Kai and was approved unanimously 7/0. Resolution No. 9%47- La Mirage Estates: Request for Approval of a 507 Lot Single Family Detached Home Subdivision Final Plat with a 9-Hole Executive Golf Course on 138.27 Acres ina Portion of the North 1/2 Section 26, Township 11 South, Range 11 East, Within the Rancho Marana Specific Plan Area. Applicant is ICON Consultants USA, Inc., 1931 W. Grant Road, Suite 350, Tucson, AZ 85745 (Joel Shapiro) Council Member Reuwsaat moved to approve Resolution 99-47. The motion was seconded by Vice Mayor Sutton. Dan Hochuli stated that a condition existed on the preliminary plat that the final plat could not be adopted until the Council had adopted the development agreement. He further stated that legally this resolution could not be passed because the development agreement, which was presented to the Council as Item X.E., had not been adopted and was to be brought back before the Council at a later date. Council Member Reuwsaat stated that he would like to uphold his motion and make another motion to not table the resolution but to bring back in front of the Council when Item X.E. comes back for action. The motion was seconded by Council Member Honea. Council Member Ziegler stated her strong objections to approving any resolutions that were not clearly describing stick built housing. Mr. Hein asked the Council to move onto another item while Mr. Hochuli and Mr. Bangs discussed a mutual settlement for Doerken Properties, Inc. and the Town of Marana in regards to this issue. Council Member Reuwsaat withdrew both of his motions that were pending before the Council. A motion was made by Council Member Kai, seconded by Council Member Reuwsaat to return to the public hearing on Ordinance 99.14, Item X. B. on the agenda. The motion was approved unanimously 7/0. MINUTES OF REGULAR COUNCIL 'MEETING MARANA TOWN COUNCIL MAY 18, 1999 Public Hearing Ordinance No. 99.14 - Returned to public hearing at 9:04 p.m. Dave Bittel, Arizona Portland Cement Plant Manager, spoke before the Council in regards to concerns Arizona Portland Cement had about the increase in density with this development. Mr. Bittel said that he wanted to ensure that the new residents of this area were aware that the plant operated around the clock, that dust was present, that 100-ton equipment would be operated nearby, and that the quarry road ran through the development. Mayor Ham stated that she had met with Mr. Bittel and the developer regarding these concerns and was confident that both parties were working toward an amiable, fair agreement. Mr. Bittle further stated that a plan was in place to pave the quarry road with the first phase to be from Twin Peaks Road to the quarry and the second phase paving the entire quarry road. Additionally, gates are on the road and will be utilized in spite of the unpopularity of the closed access. Vice Mayor Sutton made a motion to end the public hearing. The motion was seconded by Council Member Reuwsaat. Council Member Ziegler voiced her concerns about the residents' complaints in the future after purchasing within the cement plant activity area. The motion was approved unanimously to end the public hearing. 7/0. Council Member Honea moved that Ordinance No. 99.14 be approved with the provision that a full disclosure statement be included on the final plat. The motion was seconded by Vice Mayor Sutton and approved 7/0. E. Resolution No. 9%54 - Returned to Council for discussion. Mr. Hein stated that Dr. Doerken, Mr. Bangs, and Mr. Hochuli had reached an agreement that satisfied and clarified the issues. He further stated that Section 1.5, Review of Building Permits, would be inserted into the Development Agreement. This section would read: "All dwelling units shall be site built unless otherwise approved by the Town Council." Vice Mayor Sutton made a motion to rescind the previous action relative to Resolution 99-54 and to approve the Resolution with the addition of Section 1.5, Review of Building Permits, to read as follows: "All dwelling units shall be site built unless otherwise approved by the Town Council." This motion was seconded by Council Member Kai and approved 7/0. There was no further discussion. F. Resolution No. 9%47 - Returned to the Council for consideration. Council Member Honea moved that Resolution 9%47 be approved. The motion was seconded by Council Member Reuwsaat and passed 7/0. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MAY 18, '1999 Discussion/Direction: Pima Association of Governments - Management Committee Agenda (Mike Hein) Mayor Ham asked if Item No. 16 was discussed at the Manager's Meeting. Mr. Hein replied that no Town staff had attended the meeting so could not answer her inquiry. Mayor Ham asked Jerry Flannery, Development Services Administrator, if he was in charge of the census. Mr. Flannery replied yes. There was no further discussion. Direction/Discussion: State Legislative Issues - Discussion/Direction/Action regarding all pending bills before the Legislature (Michael Racy) Michael Racy, Consultant, gave a brief update to the Council on the legislative activities that were pertinent to the Town. Council Member Kai asked Mr. Racy to update the Council on the progress with the incorporations of Casas Adobes and Tortolita. Mr. Racy stated that the Town of Casas Adobes had been unsuccessful in getting a bill passed in the Legislature that would retroactively validate their existence and create an exemption to the urbanized area. Mr. Racy further stated that Casas Adobes tried removing the retroactive provision of the bill, leaving the prospective exemption and a one year moritorium on incorporations, but were still not successful in getting the bill passed. Mr. Racy stated that, at this point, Casas Adobes and Tortolita only have recourse through the courts. There was no further discussion. I. Mayor and Council's Report Council Member Honea reported on his attendance at the Marana Little League field lighting ceremony and that the Little League teams had named one of the fields after Mayor Ham in honor of her efforts in bringing lighting to the baseball fields. He concluded his report by stating that this ceremony was very positive for the Marana community and that all should be proud of Mayor Harn's outstanding accomplishment. Council Member Reuwsaat reported on several meetings and discussions regarding the U. S. Fish and Wildlife Department's response concerning the ferruginous pygmy owl and restrictions of northwest development. Vice Mayor Sutton reported on the final concept meeting of the Cortaro Road Design Concept Committee and stated that recommendations would be before the Council possibly on June 1, 1999. The Vice Mayor met with a representative of SportsPark USA and reported that there will not be a Fourth of July show to compete with the Town of Marana. MI'NUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL MAY 18, 1999 Mayor Ham reported that Brad DeSpain, Utilities Director, had taken her on a tour of the progress that has been made on the Santa Cruz River bank protection project. She also attended the Marana Plus graduation ceremony and was very proud of the young people in the graduating class. J. Manager's Report There was no report. XI. FUTURE AGENDA ITEMS There were no items for future agendas. XlI. ADJOURNMENT A motion was made by Council Member Honea, seconded by Vice Mayor Sutton, to adjourn. The motion passed unanimously 7/0. Time: 9:45 p.m. CERTIFICATION I hereby certify that the foregoing minutes Marana Town Council held on May 18, 1999. present. ~ dJocelyn ~. Entz, T~wn ~ are the true and correct minutes of the I further certify that a quorum was 10