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HomeMy WebLinkAbout07/19/1994 Regular Council Meeting MinutesMINUTES OF REG~AR COUNCIL MEETING Marana Town Hall, July 19, 1994. I. CALL TO ORDER By Vice Mayor Sharon Price. Time: 7:02 P.M. I_1. PLEDGE OF ALLEGIANCE Led by Vice Mayor Sharon Price. I~. INVOCATION/MOMENT OF SILENCE Led by Vice Mayor Sharon Price. ~. ROLLCALL COUNCIL Ore M. Harn Sharon Price Tom Clark Ed Honea Betty Hordgan Herb Kal Helen Key Mayor (Excused) Vice Mayor Council Member Council Member Council Member Council Member Council Member (Late) STAFF_[. Hurvie Davis Sandra L. Greseclose Dan Hochuli Gereld Flannery Mick Mathieu Roy Cuaren Marcia King Town Manager Town Clerk Town Attorney Planning Administrator Town Engineer Finance Administrator Volunteer Manager Assistant 23 members of the Public. ~V. APPROVAL OF AGENDA A motion was made by Ed Honea, seconded by Herb Kal and carded unanimously to approve the agenda as read with the changes that Order of Business Item X-E to precede Item X-A. VJ. APPROVAL OF MINUTES A~. Re_oular Council Meetin_o Of July 5. 1994. ~.. Special Council Meetin_o Of July 5. 1994. A motion was made by Tom Clark, seconded by Betty Horrigan and carded unanimously to approve the minutes of Special Council Meeting of July 5, 1994, and the Regular Council Meeting of July 5, 1994. VII. PETITIONS AND COMMENTS None. Viii. ANNOUNCEMENTS 1. Tom Clark stated his public apology to Marana Town Clerk Sandra L. Groseclose for comments he made to the Arizona Daily Star (Friday, July 15, 1994, page 1 and 2) concerning the Town Clerk's rejection of a referendum petition. 2. Sharon Pdce called for volunteers for Founder's Day activities starting on November 12, 1994. IX. STAFF REPORTS On file at the Marana Town Hall, X~. GENERAL ORDER OF BUSINESS A. Public Heafln_~ And Council Action - File #94-2002 And Ordinance No. 94.09 - Aoplicant Frank Patania Has Applied To Rezone 100 Acres Located In Portions Of Section 23. Townshie 12 South. Range 12 Ea_st_, Located Near Hartman And Overton Roads. Prooosal Is To Rezone Approximately 97 Acres To R-6 CResidential. Minimum Lot Size Of 6.000 Square Feet} And Aoproximate~ 3 Acres To NC (Nei_uhborhood Commercial}. The Plannin_~ Commission Recommended A0oroval With Condition_s, [FOLLOWS ITEM X-E] Recess. Time: 8:35 P.M. Back in session. All attending Council Membem present. Time: 8:47 P.M. A motion was made by Tom Clark, seconded by Helen Key and carried unanimously to enter into Public Hearing on File #94-2002 And Ordinance No. 94.09 - an application To Rezone 100 Acres Located In Portions Of Section 23, Township 12 South, Range 12 East, Located Near Hartman And Overton Roads. Proposal Is To Rezone Approximately 97 Acres To R-6 (Residential, Minimum Lot Size Of 6,000 Square Feet) And Approximately 3 Acres To NC (Neighborhood Commemial). Cad Winters, Carl Winters & Associates, representing Frank Patania, 270 N. Chumh Ave., Tucson: He addressed the Council and provided background information on the application. He stated that he contacted property owners near the property and the property owners are basically in agreement to participate in an improvement distdct to pave Hartman Rd. The Planning and Zoning Commission recommended that the property be zoned R-8 and that the NC zone be removed. Mr. Winters suggested to the Council that the entire property instead be R-8 including the small area that was to be zoned NC. A motion was made by Ed Honea, seconded by Betty Horrigan and carded unanimously to come out of Public Hearings. A motion was made by Ed Honea, seconded by Herb Kal to approve Ordinance 94.09 which conditionally rezones this 100 acre parcel from C zone to R-6, 4-RAC maximum. Gerald Flannery clarified that the some of the property has a 15 degree or greater slope and he had recommended that that area be zoned R-36. The rest would have been R-8. Ed Honea withdrew his motion with approval of Herb KaL Carl Winters stated that he would accept R-6 or R-8 zoning for the property. Ed Honea asked the Town Attorney about changing the Ordinance to show R-8 instead of R-6 zoning. Dan Hochuli stated that the Ordinance could be amended as long as the motion cleady stated what would be different in the Ordinance. A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to approve Ordinance 94.09 and that we insert R-8 8,000 square foot lots in place of R-6 6,000 square foot lots in the Ordinance. Public Hearin_u And Council Action - File ~94-4801 And Ordinance No. 94.10 - Pima CounW ZoninL] Case No. 9-85-35 - Applicant Ron Pitts. Throuoh Winters & Associates. Inc. Has ADplied To Modi~ Conditions Of Their Zoninu At Ina And Oldfather Roads From A Maximum Hei_~ht Of Structure Of 15 Feet To A Proposed Maximum Hei_~ht Of Structure Of Anproximatelv 21 Feet. The Planning Commission Recommended A~oproval. A motion was made by Tom Clark seconded by Ed Honea and carded unanimously to come into Public Headng on File ~94-4801 And Ordinance No. 94.10 - Pima County Zoning Case No. 9-85-35. Carl Winters, representing the Applicant, addressed the Council, stated that the building would be an air conditioned, two stories with a height of 20'4" instead of 15' as the County had approved. After meeting with the Planning and Zoning Commission, the building was moved along with the RV storage area. By making the changes, it would reduce obstruction of the view by neighbors. Tom Clark asked about building height and if there were any objections made by neighbors. Gerald Flannery answered that there were some objections, but with the changes that the building be moved and that there be a development plan, the neighbors withdrew their objections. A motion was made by Betty Horrigan, seconded by Tom Clark and carried unanimously to come out of Public Hearing. A motion was made by Tom Clark, seconded by Ed Honea and carried unanimously to approve Ordinance 94.10 which conditionally approves this request to modify Pima County Zoning Case Co 9-85-35. C. Public Hearin(~ And Council Action - File ~94-2004 And Ordinance No. 94.11 - Council Also Actir!g As Tl~e Board Of Adjustment. Applicant William K. Wonders Has Applied To Rezone Aoproximately 3.8 Acres At Ina Road And Meredith Blvd. From Co (Commercial Office) To VC (Villaue Commercial). The Plaqning C_ommiss_i_on Recommended Conditional Aporoval. A motion was made by Betty Horrigan, seconded by Tom Clark and can'ied unanimously to go into public hearing on Ordinance 94.11. Carl Winters, representing the Applicant, addressed the Council, gave an overview of the Item, stated that he had come to an agreement with the neighbors and said that there were three variances the applicant needed. Ken Wonders, Co-owner of the property, 944 W. Pdnce Rd., Tucson: He asked Carl Winters about having to go back to the Planning and Zoning Commission. Gerald Flannery cladfied that when this item goes back to the Commission, it will be an action item and not a public hearing one. Dan Hochuli explained the three parts to the Ordinance, stated that item ~6 {shadng in the cost of a traffic signal) should be removed as it is no longer necessa~. A motion was made by Tom Clark, seconded by Betty Horrigan and carded unanimously to come out of public headng on Ordinance 94.11. A motion was made by Tom Clark, seconded by Betty Horrigan and carded unanimously to approve Ordinance 94.11 which rezones this 3.8 acre parcel on the northwest comer of Ina Road and Meredith Blvd. from CO zone to VC zone with the exclusion of item 6 of page two of Ordinance 94.11 the developer wil~ be required to contribute 25% of the cost of a new traffic signal at the intersection of Ina Rd. and Meredith Blvd. Applicant Has Also Applied For A Variance To Marena's Village Commercial Zone As It Relates To Minimum Lot Size. Marena's VC Zoning Requires A Minimum Lot Size Of 10 Acres. And Aoolicant Is Reauesting That A Variance Be Granted To Allow This 3.8 Acre Parcel To Be Zoned VC. Applic_a.!~t Has p. Iso Applied For A Variance To Marana's Village Commercial Zone As It Relates To Lot Setback. Marana's VC Zoning Re(~uires A Minimum Lot Side Setback Of 20 Feet. And Applicant Is Requestinu That A Variance Be Granted Providing A Setback Of Zero Feet. Applicant Has Also Apnlied For A Variance To Marana's VillaQe Commercial Zone As It Relates To Floor Area Ratio. Marana's VC ZoninQ ReQuires That No More Than 35% Of The Lot Can Be Floor Area. And Applicant Is ReQuestin= That A Variance Be Granted Providing For A Greater Floor Area Ratio. Public Hearing And Council Action - Ordinance No. 94.12 - The Budget For Fiscal Year 1994/99. Showing An Annual Budget Of Approximately $9.326.452 Has Been Prepared And Is Submitted To The Council For Action. A motion was made by Herb Kal, seconded by Betty Horrigan and carried unanimously to enter into public hearing on Ordinance 94.12. Town Manager Hurvie Davis addressed the Council, stated that the requested changes to the budget have been made. A motion was made by Ed Honea, seconded by Tom Clark and carried unanimously to come out of public hearing on Ordinance 94.12. Hurvle Davis stated that there are now details on the Public Works budget. _E. Preliminary_ Plat Ao~)roval - File #94-2305 - Ap~)licant Richmond American Homes Has Applied For Approval Of Their Preliminary Plat At Parcel 51 In Continental Ranch Pursuant To The Continental Ranch Specific Plan. The Planning Commission Recommended Approval Of The Preliminary Plat. [PRECEDES ITEM X-A] Planning Administrator Gerald Flannery addressed the Council, gave a brief overview. John Wood, representing Applicant Richmond American Homes, WLB Group, 4444 E. Broadway Blvd., Tucson: He spoke on the changes that were made to the plat and asked that the Council approve the revised plat. The Council agreed to allow a public hearing on this item. 1. Bob Dixon, 7581 N. Sonoma Way, Marana: He objected to the proposed plat on the grounds that it does not meet legal requirements for the reads. Councilman Ed Honea stated that the Continental Ranch Specific Plan supersedes the Marana Development Code zoning. 2. Bridget Tolo, 7720 N, Bellwether Dr., Marana: She stated that the Marana Planning and Zoning Commission ignored her concerns. Mm. Tolo questioned section 6 of page 8 of the Continental Ranch Specific Plan, and she suggested that the Council help protect local residents and the natural vegetation. 3. Wiley Murphy, 7701 N. Bellwether Dr., Marana: He suggested that the Town follow the Continental Ranch Specific Plan with regards to the protection of property values from developers. 4. Darlene Mahoney, 6600 W. Crestwind Dr.: She objected to the proposed high density development as it would impact on the quality of life of residents especially in regards to the dangers of increased volumes of traffic. 5. Earl Kies, 7580 N. Sonoma Way: He cited sections of the Continental Ranch Specific Plan and stated that the local reads cannot adequately handle an increased volume of traffic. 6. Bob Roberts, 6965 W. Hermitage Pl.: He suggested that there has been a certain lack of care in planning Continental Ranch development. Gerald Flannery commented on the points made by the speakers, suggested that the Continental Ranch Specific Plan could be amended following the same process as the Plan's original establishment. He agreed with Councilman Ed Honea's statement that the Specific Plan itself regulates development. He commended the Council and the developer for seeing that this issue got a fair hearing with the public. Ed Honea stated that the parcel 51 zoning had been approved prior to the residents moving into the area. Legally, Richmond American could put in three times the proposed housing density, but they agreed to less as a favor to the nearby residents. The Council cannot do much more. Helen Key stated that the Council could address the traffic safety issues. A motion was made by Ed Honea, seconded by Helen Key and carried 5-1 with Betty Horrigan voting no to direct Staff to prepare a Resolution approving the preliminary plat for Parcel 51 with the following conditions: that lots 71-79 be developed with one story homes only, that the medium cutout as it affects this project's access be relocated to the south so as to match up with Carefree Rd. which will be this project's main entrance, that the developer pay for the cost of this relocation and that the relocation will be completed prior to the final release of assurances for parcel 51. _F. Appeal Of Plannino Commission Decision - File #94-0501 - Anplicant Whiteco Metrocom Has ApDealed The Decision Of The Planning Commission Denvina Their Application For A Billboard 2.400 Feet North Of Orange Grove Road At Interstate 10. Withdrawn. Continued to the August 2, 1994, Regular Council Meeting. ~_. Discussion And Action Relative To Pima County's Plans For Tangerine Landfill And Tire Storao_e Within The T_own L_imits Of The Tcwn Of Marana Hurvie Davis addressed the Council, stated that he has spoken with Chuck Huckleberry and Suzanne Shields of Pima County Solid Wastes division. Ms. Shields agreed to come and speak. Suzanne Shields addressed the Council, stated that the County and City of Tucson needed to work together on a regional landfill. The City wants a centrally located landfill. A large two-section site was desired. A far northern site would be near Picacho. Tangerine Landfill has about 4 to 5 years left of maximum use and the County plans to use it to the maximum. The plan for removal of the tires is set for November 1. One possibility is to set up a facility for shredding tires and processing glass. Ed Honea asked about how the County plans to accommodate five year's worth of trash when the current cell is nearly full. Ms. Shields answered that the cell would be filled to above ground level. The County plans to build an internal cell (Cell 2C internal expansion). In the first cell, there has been some sinkage and it has very limited capacity. One option is for the County to redirect solid waste away from Tangerine. Green waste could be ground up or composted. Tangerine should begin to close within the next two years, however a new landfill would not be ready in two years. Ed Honea asked how high above ground level the landfill would go. Ms. Shields stated that the landfill would rise to the level of the berm and the berm would be increased to prevent the solid waste from blowing away, about 20 feet. Tom Clark asked about the transfer station. Ms. Shields stated that there would not be a transfer station. Vice Mayor Sharon Price asked about the mountain of junked tires. Ms. Shields answered that removal of the tires would begin in November. Some tires cannot be shredded, such as the large industrial tires and mine tires that have a heavy metal content. Betty Horrigan asked about the liquid waste ponds. Ms, Shields said that the County wants to continue applying the composting bacteria and either put the treated liquid in compost or keep the treated pond. Grease ponds are more difficult. However, bacteria treatment helps break down the grease. She stated that the County would like to do a composting pilot program. John Kal asked if the City of Tucson generated most of the liquid grease waste. Ms. Shields answered yes. Betty Horrigan asked if the County could choose a site without the City of Tucson's input. Ms. Shields responded that the Board (of Supervisors) could do so. The County does not want to put a landfill inside Marana. Town Manager Hurvie Davis suggested that the Council could pass a Resolution and send it to the Pima County Board of Supervisors and the city council of Tucson to encourage them to come to a decision. Ms. Shields stated that by August she hoped things would be moving. Hurvie Davis stated that there has been difficulty at the policy level, that Marana should insert itself into the process with Pima County and Tucson. Sharon Price agreed with the suggestion. _.Di$cqssion And Action Relative To The Provisions Of Arizona Law For Town Election In Ward_s And The Requirements Needed For Marana To Adopt This Procedure If Such A Procedure Is Desired. Assistant to the Town Manager Marcia King addressed the Council, stated that in order to have election by wards, Marena must be a city with a minimum population of 3,000. Officially, Marana has less than 3,000 people. In order to be a charter city, there must be at least 3,500 people. For a General Law city, there must be 6 wards divided equally by the population. A charter city can have less than 6 wards. And a charter city must have a charter commission and a public vote to adopt the charter. Population count is determined by census. Executive Session Pursuant To A.R.S. §38-431.03(A1{4) For Discussion And Consq!tatioq With The T_own Attorney For Leaal Advise Regarding The Town Clerk's Re_iection Of The Referendum Petitioq_s Filed By Alliance Marana Relative To Marana Ordinance No, 94.07. A motion was made by Betty Horrigan, seconded by Ed Honea and carded unanimously to enter into executive session Pursuant To A.R.S. §38-431.03(A)(4) For Discussion And Consultation With The Town Attorney For Legal Advise Regarding The Town Clerk's Rejection Of The Referendum Petitions Filed By Alliance Marana Relative To Marana Ordinance No. 94.07. Return from Executive Session. All attending Council Membem present. Time: 10:02 P.M. J. MAYOR'S REPORT None. ~K. TOWN MANAGER'S REPORT None. Xl. FUTURE AGENDA ITEMS None. XJJ.. ADJOURNMENT A motion was made by Tom Clark, seconded by Betty Hordgan and carried unanimously to adjourn. Time: 10:04 P.M. AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL CLERK'S OFFICE CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Regular Council Meeting of the Marana Town Council held on July 19, 1994. I further certify that a quorum was present. File location on computer LAN network: H:ffv11NUTES\COUNCIL\1994.MIN\07-19-94.MIN Prepared by Colin L. Miller, 7/24/94 Meeting length: 3:00 hrs. Type is 9.5 point.