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HomeMy WebLinkAbout12/19/2000 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 19, 2000 I. II. III. IV. V. PLACE AND DATE Marana Town Hall, December 19, 2000 CALL TO ORDER By Mayor Sutton at 7:04 p.m. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/MOMENT OF SILENCE A moment of silence was observed. ROLL CALL COUNCIL Bobby Sutton, Jr. Ed Honea Herb Kai Ora Mae Harn Roxanne Ziegler Jim Blake STAFF Michael Hein Michael Reuwsaat Dan Hochuli Jocelyn Entz Jane Howell Dick Gear Mayor Present Council Member Present Council Member Present Council Member Present Council Member Present Council Member Present Town Manager Assistant Town Manager Town Attorney Town Clerk Human Resources Director Community & Economic Development Administrator The list of public attendees is attached. APPROVAL OF AGENDA Upon motion by Council Member Honea, seconded by Council Member Kai, the agenda with one change was unanimously approved. The change was to move Consent Item A.4., Resolution No. 2000-141 to be the first item under B. Council Action. 1 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 19, 2000 VI. ACCEPTANCE OF MINUTES Minutes of Regular Meeting -December 5, 2000 Upon motion by Council Member Blake, seconded by Council Member Honea, the minutes for December 5, 2000 were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS David Morales, resident, addressed the Council regarding comments that were recently printed in the Northwest Explorer newspaper concerning his qualifications for a seat on the Town Council. He was quite upset and was most angered by negative comments that were attributed to the Town staff. Mayor Sutton responded by sympathizing with Mr. Morales regarding negative press coverage. He remarked that he, too, was often upset with reporters who misconstrued facts and statements in order to create a more sensational story. He advised Mr. Morales not to take this type of story to heart. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2000-137: Approving and authorizing the institution of an Adopt-A- Neighborhood Program and funding under the direction of the Town of Marana Public Works Department, Engineering Division (Farhad Moghimi) 2. Resolution No. 2000-139: Approving and authorizing modifications to the Adopt-A- Roadway Program (Farhad Moghimi) 3. Resolution No. 2000-140: Agreement for Purchase of Type 2 Non-Irrigation Grandfathered Water Rights (Brad DeSpain) 5. Resolution No. 2000-142: Releasing the Assurance Agreement for Quail Crossing, Trust No. 4699, for Lots 1-150, Common Areas A (Landscape) & B (Drainage Facility) and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) MINUTES Off' REGtiLAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 19, 2000 6. Resolution No. 2000-143: Consideration of recommendation to State Liquor Board for a No. 07 (beer and wine .bar) liquor license to Jackson Joy Ming Wong on behalf of Jade Garden Restaurant (Jocelyn Entz) Upon motion by Council Member Harn, seconded by Council Member Blake, the consent agenda Items.: A. 1, 2, 3, 5 and 6 were unanimously approved. Item A. 4, Resolution No. 2000-141 was to be the first item heard under Section B, Council Action. B. COUNCIL ACTION A. 4. Resolution No. 2000-141: Continental Ranch Parcel 11 Release of the Substitute Assurance Agreement, Trust No. 4685, for Lots 1 through 142, Common Areas A through. D2 and Acceptance of Public Improvements for Maintenance (Jim DeGrood) Jim DeGrood gave a brief history of this item and of the problems that had been associated with this project. Chuck Shackleford, resident, spoke before the Council and outlined his concerns with various problems associated with this development. Some of these problems included drainage issues and street construction. He requested that this resolution not be approved until these problems were solved. Mr. DeGrood explained the process that would be followed in order to correct problems found within this development and pointed out that the Town would also receive a one year warranty from the developer that would cover all of the issues and concerns being discussed. Jeff Barnes, Director of Construction for Woodside Homes of Arizona, Inc., spoke before the Council and addressed the concerns raised by Mr. Shackleford and the Continental Ranch Homeowners' Association. He outlined some of the solutions used to remedy the complaints of poor construction quality. Upon motion by Council Member Kai, seconded by Council Member Honea, Resolution No. 2000-141 was continued to January 2, 2001 Council meeting. The vote was unanimous. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 19, 2000 1. Resolution No. 2000-131: Silverbell West .Preliminary Plat: Request for. approval of a 33-lot single family detached home subdivision on approximately 74.81 acres located at the northwest corner of Silverbell Road and Ina Road. The R-36 portion of the project will have access directly off of Silverbell, while the R-144 portion of the property will be .accessed from Ina Road. The Project is located within Section 35, Township 12 South, Range 12 East (Joel Shapiro) Joel Shapiro outlined the conditions associated with this item and stated that Town staff and the Planning and Zoning Commission both recommended the approval. of Resolution No. 2000-131. Mr. Hein commented that he was pleased to see this plat move forward because of the efforts made by the Council and residents regarding transitional zoning and rezoning. Upon motion by Council Member Ziegler, seconded by Council Member Blake, Resolution No. 2000-131 was unanimously approved. 2. Ordinance No. 2000.23 - Luckett Annexation: Consideration and approval of an annexation comprising approximately 640 acres in Section 13, Township 11 South, Range 10 East, and the Hardin Road R-O-W in Section 12, Township 11 South, Range 10 East, Gila and Salt River Meridian, Pima County, Arizona. The annexation area is located west of Luckett and south of Hardin Roads. Dick Gear spoke before the Council regarding this 640-acre annexation effort pointing out that it was brought to the Town by representatives of two of the property owners. He explained that the Town has received signed petitions from four of the seven identified property owners which translates into 57 percent of the. property owners signing petitions and 82 percent of the real and personal property value represented. Council Member Harn inquired if there were any residents within that area who were strongly opposed to the annexation. Mr. Gear replied that no opposition had come to his attention and that this project had been extremely rapid in moving through the required annexation process. Mr. Hein commented that Mr. Gear had worked extensively with the property owners. Many of these owners had waited for the completion of the Northwest Marana General Plan in order to be assured of the lower density, ranchette-style development they desired for the area before committing to the annexation. Upon motion by Council Member Harn, seconded by Council Member Ziegler, Ordinance No. 2000.23 was unanimously approved. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 19, 2000 3. Public Hearing Ordinance No. 2000.12 - San Lucas Rezone: Consideration of approval for a request to rezone approximately 293 acres from. Zone "E" (Transportation Corridor Zone) to 14 acres of "VC" (Village Commercial), 11 acres "CO" (Commercial), 81 acres "R-6" (Single Family Residential, minimum lot size 6,000 sq. ft.), 75 acres "R-7" (Single Family Residential, minimum lot size 7,000 sq. ft.), 82 acres "R-8" (Single Family Residential, minimum lot size 8,000 sq. ft.), and 30 acres "R-144" (Single Family Residential, minimum lot size 144,000 sq. ft.) of land located on the east side of I-10 at the Trico-Marana interchange, in the Northern 1/2 of Section 22, T11S, R11E, Assessor's Parcel Numbers 217-27-002H, J, K, L and 217-29-002C. The applicant is BCIF Group, represented by The Planning Center, 110 S. Church St., Suite 1260, Tucson, AZ 85701 (Joel Shapiro) Upon motion by Council Member Honea, seconded by Council Member Blake, approval to go into public hearing was unanimously passed. There were no comments from the public. Upon motion by Council Member Ziegler, seconded by Council Member Blake, a motion to come out of public hearing was unanimously approved. A motion was made by Council Member Honea to approve Ordinance No. 2000.12 -the San Lucas Rezone. This motion was seconded by Council Member Blake and passed unanimously. 4. Public Hearing on the Section 26 Annexation -Consideration of the Town of Marana's desire to annex approximately 506 acres in Section 26, Township 11 South, Range 12 East. No action will be taken at this hearing. (Dick Gear) A motion to go into public hearing was made by Council Member Harn and seconded by Council Member Blake. The motion was passed unanimously. Mr. Reuwsaat reminded everyone that no Council action was required at this time. Dayna Cooper, resident, voiced her opposition to this annexation and stated that one of the main reasons she purchased her land was because of its rural appeal. She added that she would appreciate knowing more about the Towri s intentions. She added that she was attending this meeting to make. sure that the Council was aware that there were property owners opposed to this effort. Mayor Sutton thanked Ms. Cooper for coming forward to express her opposition. He pointed out that, because of the critical habitat required for the pygmy-owl, there would be not an opportunity to allow aggressive growth in this area. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 19, 2000 Council Member Blake emphasized that this action was an annexation effort and zoning designations were not changed by an annexation. He explained that additional processes would be required before any changes could be made in regard to zoning. Mr. Gear commented that Ms. Cooper had been correct when she stated that not all of the property owners had received a notification letter regarding this annexation. He remarked that some of the letters had been returned due to incorrect addresses. The addresses for the property owners were provided to him by the. Pima County Assessor's Office. He offered to meet with any of the property owners who did not receive a notification letter and to bring them up to date with the annexation process. Mayor Sutton inquired if the annexation petitions were sent by certified mail. He commented that he wanted to make sure that the area's residents were informed of this action. Mr. Gear agreed with the Mayor that, even though it was not legally required, it would be best to mail the annexation petitions by certified mail in order to ensure that all property owners were alerted properly of this effort. Mr. Hein said that the Arizona Statute precluded the Town from using certified mail in that it required the petitions to be sent by first class U. S. mail. Tom Mitche, resident, also voiced his concern about this annexation. He stated that he had not been notified of this action either. Mr. Reuwsaat said that a neighborhood meeting would be held in the near future so that all of the issues and concerns of the property owners were clearly identified. Council Member Ziegler asked the Town Attorney for clarification on the State Statute regarding the mailing requirements for annexation petitions. Mr. Hochuli replied that the Statute required the Town to use the mailing list acquired from the Assessor's Office and to mail the petitions using first-class postage. A general discussion followed regarding the notification process and the ongoing dilemma of incorrect addressing in relation to contacting all of the property owners within each annexation area. The consensus of the Council and Town staff was that the Town would be proactive and hold neighborhood meetings to ensure all parties involved were contacted. Council Member Harn asked to be informed of the number of owner-occupied properties as well as those that were vacant with absentee owners. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 19, 2000 Council Member Ziegler made a motion to come out of .public hearing and it was seconded by Council Member Honea. This motion was unanimously approved. 5. Executive Session: Pursuant to A.R.S. Section 38.431.03 (A)(4) for discussion and consultation with the Town Attorney, Town Manager and Assistant Town Manager in .order to consider the Town's position and instruct its representatives regarding the Town's position in the condemnation case known as Marana vs. I-10 Partnership (Dan Hochuli) Upon motion by Council Member Harn, seconded by Council Member Blake, the meeting went into Executive session at this time. At 8:27 p.m. the Council came out of Executive session. All Council members were present on the dais. C. Mayor and Council's Report Council Member Harn reported that the Arizona Department of Environmental Quality's Clean Air Challenge was scheduled for the entire month of January 2001. She suggested that the Town put something together to compete for some of the great prizes offered and added that she thought it would benefit the Town as well as look good on its record. The Mayor asked that Ms. Entz meet .with Council Member Harn to follow-up on this project. Council Member Ziegler wished everyone a happy holiday. Mayor Sutton apologized for not being able to attend the Town's employee holiday party. He remarked that he had received many, many compliments on the holiday lights and banners and that this was a very positive thing for the Town to do for its residents. Council Member Harn asked if an opportunity to purchase these decorations would be given to the local merchants. Mr. DeGrood replied that an offer had been extended to the Marana businesses that were interested in decorating their storefronts and parking lots. He added that, in fact, the same pricing structure offered to the Town had been extended to these merchants by the vendor. Mike Reuwsaat commented that Sandy Groseclose was handling this community project and that she would contact Council Member Harn with the information. Mr. DeGrood stated that there were plenty of other projects planned for the Town and he anticipated decorations throughout the year. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 13, 2000 D. Manager's Report There were no reports at this time. X. FUTURE AGENDA ITEMS There were no items submitted for future agendas. XI. ADJOURNMENT Upon motion by Council Member Blake, seconded by Council Member Honea, adjournment was unanimously approved. The time was 8:34 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 19, 2000. I further certify that a quorum was present. ,~,~`®®~ewnrr's®,m e J'-~+ C04iPORgj~ y o00 .,. o~ o ~ «~ 8