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HomeMy WebLinkAbout07/06/1999 Regular Council Meeting Minutes'.'M'iNUTES' OF RECULAR' COUNCH ETING MARANA TowN.COUNCIL JULY 6, 1999 PLACE AND DATE Marana Town Hall, July 6, 1999 CALL TO ORDER By Mayor Bobby Sutton at 7:00 p.m. II. III. IV. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION Led by Reverend Paul Ruehl, Salvation Army Mayor Sutton announced with regret that Reverend Ruehl would be leaving the Salvation Army, Marana Post, to work for the Pinal Airport in the security department. Reverend Ruehl would no longer be able to give the invocations at the Council meetings. The Mayor wished him well in his new venture and commended his spiritual guidance and inspiring invocations over the years. 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 Ham Council Member Present Roxanne Ziegler Council Member Excused Jim Blake Council Member Present STAFF Michael Hein Dan Hochuli Jocelyn Entz Jerry Flannery Jim DeGrood Joel Shapiro Town Manager Town Attorney Town Clerk Development Services Administrator Acting Public Works Director/Town Engineer Planning Director V. APPROVAL OF AGENDA Vice Mayor Reuwsaat moved for approval of the agenda as written. Council Member Kai seconded the motion and it was approved 6/0. :'MINU'gFJ'OF REGULAR COUNCIL MEE~G MARANA TOWN COUNCIL JULY {5, 1999' VI. ACCEPTANCE OF MINUTES Minutes of Joint Study Session with Oro Valley Town Council and Metro Water Improvement District - April 28, 1999 Minutes of Regular Council Meeting - June 15,1999 Upon motion made by Council Member Ham and seconded by Vice Mayor Reuwsaat, the minutes of the April 28, 1999 Joint Study Session with Oro Valley Town Council and Metro Water Improvement District were approved. Council Member Blake pointed out a clerical error in the regular Council meeting minutes for June 15,1999. The error, page 6, Item X.H, Mayor and Council's Report, read Mayor Ham and the correction would read Mayor Sutton. Upon motion made by Council Member Ham and seconded by Vice Mayor Reuwsaat, the minutes of the regular Council Meeting of June 15, 1999 with clerical changes as requested were approved 6/0. VII. VIII. CALL TO THE PUBLIC/ANNOUNCEMENTS There were no calls to the public or announcements. STAFF REPORTS There were no questions regarding the staff reports. CONSENT 1. Resolution No. 9%69, Intergovernmental Agreement between the United States Department of Interior, Bureau of Reclamation, the Towns of Oro Valley and Marana, the Metropolitan Domestic Water Improvement District and Pima County Flood Control District to provide funds and/or in-kind services to supplement available appropriated Federal Funds for the Southern Arizona Regional Water Management Study (Brad DeSpain) 2. Resolution No. 99-70, Intergovernmental Member Agreement Between the Town of Marana and the Arizona Board of Regents for the University of Arizona to amend membership in the Water Conservation Alliance of Southern Arizona (Water CASA) (Brad DeSpain) 3. Resolution No. 9%72 - authorizing the Town of Marana to amend an Intergovernmental Agreement with Pima County that Created a joint housing program utilizing funds from Pima county HOME Program and the Town of Marana General Funds. (Dan Groseclose) 4. Resolution No. 99-73 - Consideration of recommendation to State Liquor Board for a #12 (Restaurant) Liquor License for OB Sports Gold Management L.L.C. ( The Gallery Golf Club), 14000 N. Dove Mountain Boulevard, Marana, Arizona (Jocelyn Entz) 5. Resolution No. 99-74, Temporarily reducing the speed limit on Thornydale Road south of Orange Grove road from 45 miles per hour to 35 miles per hour (Jim DeGrood) Upon motion made by Vice Mayor Reuwsaat and seconded by Council Member Ham, the consent agenda was approved 6/0. MINUTES OF REGULAR CO'UNCIL MEETING MARANA TOWN COUNCIL JULY 6, 1999 GENERAL ORDER OF BUSINESS Ae Resolution 99-61 - Preliminary Plat for Hartman 10: Request for approval of a 9-lot single family detached home subdivision preliminary plat on 9.93 acres of currently vacant land zoned R-36 (Single Family Residential, minimum lot size 36,000 sq. ft.). Identified as parcel number 221-06-0310, located in a portion of the southwest quarter of Section 23, Township 12 South, Range 12 East. The applicant is Sharpe & Associates, Inc., 4780 N. Rocky Crest Place, Tucson, Arizona (Joel Shapiro) Mr. Hein explained briefly that this item had been continued from a previous Council meeting in order to allow Town staff the time to address concerns of the U.S. Fish and Wildlife representatives. He concluded by stating that the Town staff felt comfortable to proceed with this project. At this time, he turned the discussion over to Joel Shapiro, Planning Director. Council Member Kal declared a conflict of interest and stated that he would be abstaining from the vote on this matter. Mr. Shapiro gave a brief overview of the project history. He stated that the plat met the Marana Land Development Code, conformed to the Town's General Plan, and was subject to the Town's native plant preservation ordinance. He further stated that, following U.S. Fish and Wildlife protocol, a survey resulting in no responses or sightings had been conducted at the site to determine the existence of the cactus ferruginous pygmy-owl. Mr. Shapiro continued by stating that prior to the issuance of a grading permit, a further survey of the vegetation was required during the owl's breeding season to determine its existence or non-existence in the area. Ms. Carolyn Campbell, a member of a coalition of pro-conservation neighborhood organizations, addressed the Council regarding objections and concerns with this project. She requested that the Town delay any development in this area until further scientific study had been accomplished regarding the pygmy-owl as well as any other endangered species. Ms. Andra S. Ewton, representing Defenders of Wildlife, spoke before the Council and stated that Marana, being the first jurisdiction to address proposed projects in designated pygmy-owl critical habitat, had the symbolic task of setting the tone for the entire Tucson basin in regard to land management. She further expressed her opposition to this project by stating that Marana should institute a policy of no up-zoning on sensitive lands in the spirit of the Pima County/Sonoran Desert Conservation Plan. Mayor Sutton requested that Dan Hochuli, Town Attorney, address the meeting regarding information the Town had gained from the U.S. Fish and Wildlife. Mr. Hochuli stated that the Town's initial concern was that any action by the Town to improve this plat would violate the Endangered Species Act, especially in light of the designation of the critical habitat. He further stated that a legal opinion had been prepared and would be distributed to the Council at a later date. Mr. Hochuli concluded by stating that all stages of the '/MINUTES: OF. REGULAR COUNCIL 'MEETING MARANA TOWN COUNCIL gULY 6;1999 .= development were subject to federal regulations and requirements and that the developer was required to comply with these regulations throughout the construction process. There was no further discussion and upon motion by Vice Mayor Reuwsaat, seconded by Council Member Ham, Resolution 99-61 was approved unanimously 5/0. Public Hearing Ordinance No. 99.17 - request for rezone by Hartman Hardy, LLC: Consideration of approval of a request to rezone Countryside Vista Blocks 5 & 6, Assessor's Parcel Numbers 2221-10-0010 and 221-10-0020, consisting of approximately 19.80 acres, located in a portion of the Northwest 1/4 of Section 24, Township 12 South, Range 12 East, lying at the southwest corner of Linda Vista Boulevard and Haxtiiian Lane 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.). The Applicant is Hartman Hardy, LLC, 5055 E. Broadway Boulevard, Suite 214, Tucson, Arizona (Joel Shapiro). Mr. Shapiro spoke briefly about the history of this property's development and stated that the applicant had met all required protocol of the Arizona Game and Fish Department in regard to the cactus ferruginous pygmy-owl. He recommended proceeding with the approval of the request subject to the six conditions outlined in the Ordinance. Mayor Sutton stated that Ms. Campbell and Ms. Ewton's remarks during the previous Item A. should be considered for this item as well. Upon motion made by Vice Mayor Reuwsaat, with a second made by Council Member Honea, the Council approved going into a public hearing 6/0. Ms. Barbara Rose spoke to the Council about her concerns with potential damage to the native plant vegetation density by the development of this property. Mr. Kevin Cummings, representing the Pop Warner Football Association, spoke about his concerns with the zoning encroachments of Marana that were adversely affecting the youth sports activities by eliminating available areas for game and practice fields. Vice Mayor Reuwsaat responded that Marana was finalizing a parks, open space and trails plan that dealt with the 20-year projections for parks and facilities. Additionally, the Vice Mayor said that Marana was in the process of negotiating for an additional 40-acre site for an open space park with facilities. In conclusion, Vice Mayor Reuwsaat requested that Jerry Flannery and Ken Lawrence meet with Mr. Cummings to involve him in the planning process for development of the parks and facilities system. A general discussion followed regarding the importance of the open space park system within the Town of Marana's growth direction. Mayor Sutton and Council Members Ham and Honea assured Mr. Cummings that this issue was paramount to Marana and the future of the community. Mayor Sutton stated that Ken Lawrence, if available, would attend the Pop Warner board meeting on July 29,1999 at 7:00 p.m. at the Wade Road Fire Station to respond to the concerns of that organization. MINUTES OF REGULAR COUNCIL MEETING " MARANA TOWN:COUNCIL ... JULY 6,1999 Mr. Scott Powers spoke before the Council regarding his concerns that the property was unsuitable for development. His two concerns were a possible flood control problem after changes were made to three existing washes and the overcrowded school system that would be unable to safely house and teach the additional students this project would bring into the school district. Mayor Sutton asked Jerry Flannery to respond to these concerns and Mr. Flannery briefly explained that all state laws requirements for flood control precautions were met or exceeded. Mayor Sutton further stated that the Town of Marana was not tied to the Marana Unified School District and that the modular school room buildings are erected when new schools are built. Council Member Ham commented that the bonding capacity for M.U.S.D. had been greatly enhanced by the Town of Marana's growing tax base. Council Member Kai said that the school system utilized the modular buildings while ensuring enrollment was sufficient before constructing additional classrooms. Mayor Sutton concluded the discussion by stating that often the Town has required developers to donate land for schools before project approval was given. Mr. Joe Murray spoke to the Council regarding his concerns with the overcrowded school system and the huge impact on the traffic patterns these 106 new houses would bring to the area. A motion was made by Vice Mayor Reuwsaat, seconded by Council Member Honea, to end the public hearing. The motion passed 6/0. Ms. Barbie Hansen, representing MMLA, spoke before the Council regarding some of the concerns expressed by the public about this project. She began her rebuttal by stating that extensive testing, analysis, surveying and studying was done on the entire Countryside area over a twenty year period. It was established that requirements and regulations had been met or exceeded for flood plain conformance, native plant preservation, and critical habitat for endangered species. She further stated that increased traffic projections had been adequately accounted for in the master planning process as well as schooling issues. Upon a motion made by Council Member Ham, seconded by Council Member Honea, Ordinance No. 99.17 was approved 6/0. Vice Mayor Reuwsaat read into the record from a prepared statement regarding issues pertinent to the cactus ferriginous pygmy-owl, the Sonoran Desert Conservation Plan, and the Town's support for the development of this plan. A full copy of this statement is attached hereto and made a part of these minutes. He commented that Marana had been extremely involved with the implementation and development of the Sonoran Desert Conservation Plan and had worked extensively with various agencies including local, state and federal entities in the areas of conservation, preservation, critical habitats, and endangered species. He concluded by stating that Marana had and will continue to extend its full cooperation to see that the Sonoran Desert Conservation Plan became a reality. Mayor Sutton called a 10-minute recess at 8:25 p.m. The meeting resumed at 8:39 p.m. MINUTES' OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL JULY 6, 1999 C. Appointments to fill four vacant seats on the Marana Planning & Zoning Commission. Council Member Honea commended the retiring P&Z Commission members Chairman Wheeler Abbett, Vice Chairman A1 Taylor and Commissioner Dorothy Sharnetsky on their outstanding service to Marana. He further stated that the Council had interviewed all of the candidates for these posts and three individuals were suggested to fill the positions on the Planning & Zoning Commission. At this time, Council Member Honea made a motion to reappoint Robert Condit and to appoint William Dart, Russell Flannigan, and Sue Flayer to fill the vacancies on the commission. This motion was seconded by Council Member Kai and approved 6/0. Mr. Hein added to the record that these three terms would expire on June 30, 2003. Mayor Sutton welcomed the new commission members and commented that he and the Council were extremely pleased about the quality of the applicants for the P& Z Commission and their dedication to the Marana community. Resolution No. 9%68 - EHmination of unnecessary and/or redundant requirements for release of assurances for construction of improvements in existing or proposed public rights-of-way (Jim DeGrood) Mr. Hein stated that Town staff had requested that no action be taken on this item as further research indicated that the ordinance wording needed changing. At this time, he turned the discussion over to Jim DeGrood, Acting Public Works Director/Town Engineer. Mr. DeGrood stated that he would be looking through the Town code and policies to see if some streamlining could be done to reduce the administrative burden to the Town staff as well as the development community. There was no further discussion. No action was taken on this item. Public Hearing on Annexation - Consideration of the Town of Marana's desire to annex approximately 4.5 commercial acres at the intersection of Interstate 10 and Cortaro Road, just east of the Interstate Section 26, Township 12 South, Range 12 East. No action will be taken at this hearing. Upon motion by Council Member Ham, seconded by Council Member Honea, a public hearing was approved 6/0. There were no comments or discussion from the public. Upon motion by Vice Mayor Reuwsaat, seconded by Council Member Honea, closing of the public hearing was approved 6/0. There was no further discussion regarding this item. 6 'MINUTES OF REGULAR iCOUNCFL MEETING MARANA TOWN COUNCIL ~U.LY 6, 1999 Resolution No. 9%75 - entering into a Pre-annexation & Development Agreement with Pima Aviation, Inc. for the Avra Valley Airport. Mr. Hein stated that this resolution clarified the roles and responsibilities and addressed several minor issues that were not addressed in the previously approved lease documents. Upon motion by Vice Mayor Reuwsaat and seconded by Council Member Honea, the resolution was approved unanimously 6/0. Vice Mayor Reuwsaat commended Dan Hochuli on the outstanding work that he and his legal staff had done on this project. G. Executive Session Council Member Blake made a motion to go into executive session and Council Member Honea seconded the motion. The motion was approved 6/0. At 9:05 p.m., Mayor Sutton reconvened the Council meeting. H. Mayor and Council's Report Council Member Honea reported that he, Council Member Ham, Mr. Hein and Mr. Lawrence had met several times regarding the Senior Center furnishings and equipment. He stated that the grand opening ceremony was scheduled for August 3, 1999 from approximately 4:00 to 7:00 p.m. Council Member Blake reported that he had attended the 4~, of July celebration and commented on the great success of the event. Council Member Ham reported that she had made several visits to the Senior Center and was greatly impressed with the addition. She encouraged everyone to visit the Center and to inform the public at large of the new facility. She continued by reporting on her recent trip to Greeley, CO, with Roy Cuaron and Dick Gear. This trip was highly successful in that the group was able to meet with community officials and the rodeo committee to learn about the grounds and facility. Council Member Ham stated that a report would be forthcoming. Council Member Kai reported that, while he was unable to attend the 4t~ of July festivities, he had received a great deal of favorable feedback from the community. He concluded by congratulating Sandy Groseclose and her outstanding work coordinating this event. Vice Mayor Reuwsaat reported that he had attended numerous meetings concerning the cactus ferruginous pygmy-owl with agencies at the local, state and federal level. Council Member Ham requested that the Mayor and Council write a letter of commendation for Sandy Groseclose and other staff for their exemplary work on the 4m of July. Ms. Entz responded that she would prepare the letter. MINUTES: OF REGULAR COUNCUt, MEETING 'MARANA TOWN COUNCIL" ' ' JULY 6, I999 XI. Council Member Kai also requested that a letter of appreciation be written to the outgoing members of the P&Z Commission. Mayor Sutton responded that Mr. Hein was taking care of these letters. Mayor Sutton reported that he was involved with the Marana Youth Classic golf tournament as a promotional figurehead along with Wade McLean, M.U.S.D., and Kim Holloway, Principal at Marana P.L.U.S. and A.C.E. Inadvertently, the Town of Marana had been mentioned as a sponsor of the event. Mayor Sutton assured the Council and public that no tax dollars had been used for this event and there was no sponsorship by the Town of Marana. He further reported that he had met with Supervisor Mike Boyd regarding a recreational ice arena and that he had advised Mr. Boyd to put a proposal in front of the Council for action. The Mayor continued his report by stating that an estimated 28,764 people attended the 4~h of July event at the Avra Valley Airport. He concluded his report by stating that he would be a out of town for two weeks and would be in Sierra Vista, Nogales and southern Arizona meeting his fellow town officials. I. Manager's Report Mr. Hein reported that he was working on a future agenda item for a recognition ceremony for the retiring P&Z Commission members and that the planning for the Council retreat in Rio Rico had begun. The retreat dates were tentatively scheduled for September 25 and 26, 1999. He asked that the Council start thinking of agenda items to include for that weekend. FUTURE AGENDA ITEMS There were no future agenda items discussed. VII. ADJOURNMENT Mayor Sutton requested a motion for adjournment. Council Member Honea made a motion to adjourn. The second was made by Council Member Kal and was approved 6/0. The time was 9:25 p.m. CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Marana Town Council meeting held on July 6, 1999. I further certify that a quorum was present.