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HomeMy WebLinkAbout11/03/2009 Regular Council Meeting Minutes~t'r •~~ ~A~A~A 4 ~f 1.. o.:w A.~ 4k R~+g.R REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 3, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL Town Clerk Bronson called the meeting to order at 7:00 p.m. and noted that she had been advised that the Mayor and Vice Mayor were absent. The Town Code requires that she call the meeting to order and ask the Council Members present to nominate a presiding officer for tonight's meeting. She asked fora nomination. Council Member Comerford moved to appoint Council Member McGorray, second by Council Member Post. Motion carried unanimously 5-0. Mayor Honea and Vice Mayor Kai were excused. Council Members Clanagan, Comerford, McGorray, Post and Ziegler were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Acting Mayor McGorray. APPROVAL OF AGENDA Motion to approve moved by Council Member Comerford, second by Council Member Clanagan. Motion carried unanimously S-0. CALL TO THE PUBLIC No speaker cards were presented. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Deb Thalasitis noted that the Town was featured in the Alliance for Innovation website. This is a website of a consortium of local governments. The town was featured for the three Common Grounds awards received that Mayor Honea mentioned at the last Council meeting. She reminded everyone that there is no meeting on November 10. The town offices will be closed on November 11 in observance of Veterans' Day. The Strategic Planning retreat is Saturday, November 14. The materials will be provided this Friday. The retreat will start with breakfast at 9:00 a.m., with the retreat beginning at 9:30 a.m. She stated that the meeting should be completed by 4:30. The retreat will be at the MMC in the conference center and part of the day will be in the Board Room. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve moved by Council Member Comerford, second by Council Member Posz Motion carried unanimously 5-0. C 1: Resolution No. 2009-186: Relating to Real Estate; reclassifying and designating a portion of Silverbell-Cortaro District Park as Schisler Drive publicright-of--way (Keith Brann) C 2: Resolution No. 2009-187: Relating to Liquor Licenses; recommendation of approval to the State Liquor Board for a New No. 12 (Restaurant) liquor license submitted by Miriam Rosas de Vazquez on behalf of Mariscos Chihuahua located at 4185 W. Ina Road C 3: Resolution No. 2009-188: Relating to Liquor Licenses; recommendation of approval to the State Liquor Board for a Person and Location Transfer of a No. 6 (Bar) liquor license submitted by Wayne L. Hallquist on behalf of Molinitos located at 3675 W. Ina Road. C 4: Minutes of the October 20, 2009 regular council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Relating to Development; public hearing to discuss and consider an application by the property owners to annex approximately 7.3 acres within the Oshrin Park Subdivision, specifically lots 3-9 and the adjacent rights-of--way of Spanish Bayonet Drive generally located south of Cortaro Farms Road and east of Cerius Stravenue Lisa Shafer presented this item. Ms. Shafer noted that she had brought this item before Council as an information item previously. She asked for questions. Acting Mayor McGorray opened the public hearing. Ms. Shafer noted that this portion of the hearing is the public process where notices go to the neighbors and signs are posted. If Council is supportive of the annexation, no action is needed on behalf of the Council. After this meeting, the residents would provide annexation signed petitions and 207 waivers for recordation, and an action ordinance would then be presented to Council for approval. Acting Mayor McGorray noted that no action is required. Mr. Cassidy noted that although no action is required, it is a public hearing, and members of the public should have the opportunity to speak. Council Member Post asked Mr. Cassidy what the additional steps are after petitions are signed. Is there another public hearing? Mr. Cassidy responded that there will be no further public hearing. It will be brought back for an action item to adopt the annexation ordinance once sufficient signatures are obtained and if the Council wants to hear from anybody at that time, the Council at its discretion can open it up for discussion, but a public hearing is not required. A 2: PUBLIC HEARING: Ordinance No. 2009.20: Relating to Development; approving a rezoning for Marana Mercantile, on approximately 39.09 acres located west of the I-10 Frontage Road and north of Marana Road Kevin Kish presented this item to Council and noted that this is a request to rezone property on the northwest corner of Marana Road and I-10. It is scheduled for Village Commercial land use zoning. The surrounding zoning has Uptown to the west and Villages of Tortolita across the freeway to the north, San Lucas across the freeway to the east and then south is the Azone - small lot- which hasn't come in yet. He then showed the approved traffic circulation from 2007. He noted that part of the reason for the continuance was discussion of the improvements, including fair share. The tentative development plan provides for a major anchor retail, but the total for the center comprises 283,351 sq. feet of retail area. The property is designated by the General Plan as Town Center Planning Area. This change in zoning for the VC would be in conformance with the General Plan. The area is also in the single central business district as designated by the town council last year. The design standards are commercial which are enforceable on the site. There are also supplemental guidelines within the appendix of the site analysis. The guidelines meet and exceed the design requirements established by the Land Development Code. Mr. Kish asked for approval subject to the conditions that are presented in the staff report. He noted there was also a public hearing before the Planning Commission in October 2008. Approval was recommended. He asked for questions. Council Member Comerford asked if staff was okay with the conditions and recommendations. Mr. Kish responded `yes.' The details have been ironed out and the parties are ready to proceed. Mr. Cassidy addressed Council and noted that the development agreement and the rezoning need to be dealt with together because the conditions of rezoning were shortened in reliance on the development agreement. He asked for one motion for the rezoning ordinance and the resolution approving the development agreement. Mr. Cassidy noted that the public hearing also needs to be opened on the rezoning, but it makes sense to hear all of the items together. He also noted that there have been no additional changes since his last report. He offered a quick rundown of the changes from the July 14 version of the development agreement. Acting Mayor McGorray asked for questions. There being none, the matters proceeded to a vote. Ms. Thalasitis again recommended opening the items for public hearing and then proceed to the vote. There being no speakers, Council Member Clanagan made a motion to close the public hearing, second by Council Member Post. Acting Mayor McGorray asked for a motion. Motion to adopt Ordinance 2009.20 and Resolution 2009-160 moved by Council Member Comerford, second by Council Member Clanagan. Motion carried unanimously S-0. A 3: Resolution No. 2009-160: Relating to Development; approving and authorizing the Mayor to sign a retail development tax incentive agreement regarding the Marana Mercantile development project Action taken on above item was done along with item A 2. A 4: Ordinance No. 2009.22: Relating to Real Estate; approving the Town's transfer to Lawrence A. Oberin of approximately 32,344 square feet of property in exchange for his transfer to the Town of approximately 17,955 square feet of property needed for the Camino de Marana roadway project; authorizing the Mayor to execute an agreement relating to the exchange; and authorizing the Mayor and Town Engineer to execute any other documents necessary to accomplish the exchange Cedric Hay presented to Council. This property is necessary for the Dove Mountain/Camino de Manana exchange agreement. The property needed will eliminate Mr. Oberin's existing driveway. He indicated the additional right of way needed for the Camino de Manana project which significantly narrows Mr. Oberin's property. If the exchange is approved, the town would create a new driveway for Mr. Oberin on the exchange. Staff feels this is a fair exchange. Motion to approve moved by Council Member Clanagan, second by Council Member Ziegler. Motion carried unanimously S-0. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Ms. Thalasitis noted that there was no legislative report. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Clanagan, second by Council Member Comerfora~ Motion carried unanimously S-0. The meeting was adjourned at 7:19 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 3, 2009. I further certify that a qu~i,~i~~~V, "' _sent. celyn ronson, Town Clerk '. 1