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HomeMy WebLinkAbout07/05/2006 Regular Council Meeting Minutes MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 5, 2006 PLACE AND DATE Marana Municipal Complex, July 5, 2006. A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Present Present Present Present Present Present ST AFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Deputy Town Manager Assistant Town Manager Town Attorney Town Clerk Present Present Present Present Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. Mayor Honea announced that the 2007 budget for Gladden and Vanderbilt Farms Community Facilities District public hearings will be postponed to the July 18, 2006, Council meeting at 7:00 p.m. c. APPROVAL OF AGENDA Council Member Escobedo moved, seconded by Council Member McGorray, to approve the agenda as presented. Council Member Comerford asked for an amendment to continue item J.3 until July 11, 2006, approving the remainder of the agenda. The amendment was acceptable to the maker and the motion as amended was unanimously approved. D. CALL TO THE PUBLIC David Morales addressed the Council and referenced an article in the Explorer Newspaper regarding the town wanting to install a cul-de-sac at the beginning of Sandario Road, closing access to the freeway, and said the businesses on Sandario Road should have grandfathered rights to the freeway. Mr. Morales then announced that he will be running for Mayor. E. PRESENTATIONS Jenny Kading presented an award to the Marana Parks and Recreation Department on behalf of the Pima County Animal Care Center for use of the town stage for their annual Midnight Muttness. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 5, 2006 Mayor Honea presented Charlie Mangum, Airport Director, with an award for Executive of the Year from the Arizona Airports Association. Mr. Mangum thanked the Council and staff for their support. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Escobedo said the 4th-of-July celebration was remarkable and thanked staff for their participation and for their support during his losses throughout the past year. Council Member Comerford also thanked the staff for a wonderful 4th-of-July celebration. She said it was remarkable that 15,000 people gathered for the event and not one incident was reported to the police. Vice Mayor Kai encouraged anyone with comments on the 4th-of-July celebration to submit them to the town. Council Member McGorray said she had three family generations that attended the celebration. Mayor Honea recognized Tom Ellis and Sandy Groseclose for their hard work with the celebration and said it was nice to see the police officers have the opportunity to socialize with the families. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mike Reuwsaat, Town Manager, also congratulated Mr. Mangum on his award and commented on the ability to get everyone out of the park in a quick and uneventful manner after the celebration. He thanked staff and the community for helping the celebration be successful. H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2006-94: Relating to Development; approving and authorizing a final plat for Tangerine Crossing Commercial Center (Barbara Berlin) 2. Resolution No. 2006-95: Relating to Development; approving and authorizing a final plat for Gladden Farms Commercial Center (Barbara Berlin) 3. Resolution No. 2006-96: Relating to Development; approving and authorizing a final plat for the Pines Phase I (Barbara Berlin) 4. Resolution No. 2006-97: Relating to Real Estate; authorizing the acquisition by negotiation or condemnation of lands and property rights needed for Project No. 2001-44, Interstate 10 Traffic Interchange at Twin Peaks - Linda Vista (Frank Cassidy) MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 5, 2006 5. Resolution No. 2006-98: Relating to Liquor Licenses; consideration of recommendation to the State Liquor Board for a new No. 12 (restaurant) corporation liquor license submitted by Clare Hollie Abel on behalf of Chili's Grill & Bar #1216, located at the southwest corner of Cortaro Road and Arizona Pavilions Drive (Jocelyn Bronson) 6. Resolution No. 2006-99: Relating to Liquor Licenses; consideration of recommendation to the State Liquor Board for a new No. 12 (restaurant) limited liability company liquor license submitted by Richard Dale Benner, Sr., on behalf of The Dugout Neighborhood Sports Grill, located at 8245 N. Silverbell Road (Jocelyn Bronson) 7. Minutes of the June 20, 2006 regular meeting and the June 20, 2006 special meeting. Jocelyn Bronson, Town Clerk, addressed the Council and said there is an amendment to the Dugout Liquor License changing the name to Benner's. Upon motion by Council Member Comerford, seconded by Council Member Escobedo, the consent agenda was unanimously approved. J. COUNCIL ACTION 1. PUBLIC HEARING. Ordinance No. 2006.19: Relating to Development; approving and authorizing an amendment to the Pima Farms North Specific Plan (Barbara Berlin) Mayor Honea declared the public hearing open. Barbara Berlin, Planning Director, addressed the Council and said Ordinance No. 2006.19 amends the Pima Farms North Specific Plan known as Continental Reserve. The requested modifications to the Commercial Land Use Designation include adding Transitional-Residential and Open Space land uses, eliminating the distinct districts, updating the Commercial Development Standards to match the Silverbell Road Corridor Overlay District (SRCOD), and amending the parking regulations to allow tandem parking. The Planning Commission held a public hearing on May 31, 2006, and recommended approval with conditions. The development includes 200 condominium units, 1.3 acres of recreational space and 3.6 acres of open space. Michael Racy, on behalf of DES CO Southwest, addressed the Council and said DESCO Southwest is a development company interested in purchasing and developing a mixed- use small neighborhood scale commercial facility with owner occupied condominiums. The proposed plan includes a small neighborhood commercial center and 20 condominium buildings with 10 units in each building. Mr. Racy said that in response to several neighborhood meetings, modifications have been made to the site plan including a minimum building setback of 50 feet, re- orientation of buildings, landscaping and buffering updates, the height restrictions of chimneys, lights directed away from neighboring properties, trails added, and a maximum 34-foot building height. The project has lower building heights, greater building setbacks MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 5, 2006 and more design flexibility and open space, and the total traffic trip generation is significantly lower than if the site was developed entirely commercial. The afternoon and weekend turning movements are even further reduced from a commercial site. Council Member Escobedo asked Mr. Racy if the condominiums will be owner occupied. Mr. Racy said yes, they will be owner occupied with a homeowners association and guidelines. There will be no marketing to investors and efforts will be made to keep the condominiums from being investor owned. Council Member Escobedo also asked for a comparison in the amount of traffic between building apartments, condos, or a commercial development. Mr. Racy said he did not have the exact numbers, but after a study, a weekend trip would produce 8,500 autos with a commercial development versus 3,800 autos with the proposed plan. Vice Mayor Kai asked if there is a natural gas pipeline that runs through the property. Mr. Racy said no, it passes west of the site. Ms Berlin stated that the Town has received 16 letters against the proposal and 23 in favor of the project. Larry Casoni addressed the Council and said he opposes the traffic congestion the 200 additional homes would bring. Bob MackIe addressed the Council and said he is the volunteer elected President of the Continental Reserve Homeowner's Association representing 1,326 homeowners that will be affected by the proposed project. He said that neighboring property owners purchased their homes thinking a commercial development would be built on the site, which would generate greater tax revenue. Council Member Comerford asked Mr. MackIe ifhe had a vote from the homeowners to represent and speak for them. Mr. MackIe said yes. William Johnson addressed the Council and spoke in opposition to the proposal stating that it will bring on more traffic, people, and more turning problems. The community park is too small and he thinks the project will be a detriment to the current homeowners. If it were developed as commercial, the neighboring homeowners would consist of most of the traffic in that area and it would mean that they would not have to drive as far to another commercial site so it would reduce traffic congestion on Cortaro. Russell Clanagan addressed the Council and said that as chairperson of the Planning and Zoning Commission, he heard the proposal at the developers' public hearings. At the Planning & Zoning Commission public hearing, he was one of two votes against the proposal because he felt it would be beneficial for neighbors to continue a dialogue with the developers. Ifhe voted again, he would vote in favor of the proposal because it will enhance the neighborhood more than a commercial development would. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 5, 2006 Jeanne Hammonds addressed the Council and said she is opposed to the development for safety reasons; she fears that ifthere is an accident at the comer of Silverbell and Coachline it would end up in her backyard. Mr. Racy agreed with the traffic and turning concerns and said a number of traffic engineers reviewed the proposal, and said a commercial development would create a greater traffic burden than the current proposed plan. He said a large commercial site would draw more individuals, and that six to one of the adjoining neighbors would rather live next to condominiums than a large commercial project. Council Member Comerford said that Continental Reserve was a proposed development that brought on a lot of opposition also, but after meetings between local homeowners and developers, a great neighborhood was formed. She said she appreciates the homeowners coming and expressing their concerns and knows they will be part of a well- planned community. The Council is looking out for the best well-balanced community for Marana, not just a community that brings in the money. Council Member Comerford said she would like to see the following conditions put into the recommendations: the minimum setback be no less than 50 feet; the screening and landscaping be provided with the adjacent boundaries and subdivisions; the chimneys eliminated from the plans; all lighting should be downward directed and shielded to prevent any spill over into properties. If any properties have light shined into their back yards, it will be corrected; the developer shall construct a trail from the residential development to the Continental Reserve School; all mechanical equipment will be put on the ground and will be screened and not visible by neighbors; any grading shall be minimum for drainage only; the building height be looked at one more time to possibly bring it down to the recommended 30 feet. She said all letters in protest and opposition were read by Council members. She then read part of one letter received. (A verbatim transcript of what she read is attached.) Mr. Reuwsaat said the applicant has requested an amendment to the specific plan to convert part of the commercial to a condominium development leaving a small commercial site. Through a series of neighborhood meetings, a list of conditions were formed and Council Member Comerford added eight additional restrictions on these conditions. He said there will be 50 percent less traffic generated from the proposed development than a large commercial development. Mr. Reuwsaat is concerned with a big commercial development in the middle of two large commercial developments on each end of Silverbell Road. He said that there is a lack of homeowners hip diversity in the community, and the proposed development is an opportunity to develop a homeowner diversity product for someone who wants an urban life style. Council Member Escobedo said if the development was to remain commercial, there would be opposition oflighting, traffic and noise. The Council's job is to review all comments from the community. There were 28 letters of support, 16 protests, and three neutral. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 5, 2006 There being no more speakers, Mayor Honea declared the public hearing closed. Council Member Blake asked Mr. Racy to address the "these kinds of people" statements that have been made. Mr. Racy said the condominiums will have homeowners that have to qualify for loans and will have the same characteristics as everyone else that lives in the Continental Ranch area. Upon motion by Council Member Comerford, seconded by Council Member Allen, Ordinance No. 2006.19 with the recommended conditions including the eight additional conditions was unanimously approved. The Council took a break from 8:12 p.m. to 8:23 p.m. Council Member Comerford asked where the award for Mr. Mangum came from. Mr. Reuwsaat said that it was a state award and added that Mr. Mangum is the youngest person to receive the award. Council Member McGorray said that she attended the awards ceremony, which included larger airports such as the Phoenix and Tucson Airports. 2. PUBLIC HEARING. Ordinance No. 2006.20: Relating to Development; approving and authorizing a rezoning to create the Tangerine Thornydale Specific Plan (Barbara Berlin) Mayor Honea declared the public hearing open. Ms. Berlin addressed the Council and said Ordinance No. 2006.20 requests approval to rezone a 59-acre parcel at the comer of Tangerine and Thomydale to develop 107 single- family duplex residential units on 32 acres, a separate retail office/commercial on 11 acres and 15.7 acres of open space. The project will have 2.5 units on an acre and will require a minor amendment to the General Plan. There will be no wash disturbance, so no formal Fish and Wildlife consultation was conducted. Council Member McGorray asked if a correction should be made to number nine in the condition list to change the word "northerly" to "southerly" property line. Ms. Berlin said yes, the change should be made. Mr. Racy addressed the Council on behalf of Mike Teufel Investments and said after meeting with Carolyn Campbell, Coalition for Sonoran Desert Protection, a formal condition was added giving the town a third right of enforcement for the homeowners' association with respect to the open-space preservation. Water harvesting will be explored, vegetation disturbance will be minimized and connectivity of washes will be preserved. Carl Carter addressed the Council and said he owns a 1.39-acre of property at Camino de Manana and Tangerine, which he was told was useless and now the project land adjacent MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 5, 2006 to his property is being developed. He would like the town to treat him as well as they have the developer for the Tangerine Thornydale project. Mr. Reuwsaat asked Ms. Berlin to meet with Mr. Carter. Mayor Honea said the town would not render his land useless. Ms. Campbell addressed the Council and thanked them for implementing new standards of development that protects the natural resources. She also thanked staff and Mr. Racy for meeting with her regarding her concerns. Ms. Campbell referred to a letter she sent to the Council with concerns about the Tortolita area. She would like to see buffering around the wash corridors and the ironwood forest protected. Mr. Reuwsaat thanked Ms. Campbell for her input and said that the town is committed to finalizing the overlay zone. They will also meet with Fish and Wildlife to discuss the habitat plan. There being no speakers, Mayor Honea declared the public hearing closed. Upon motion by Council Member McGorray, seconded by Council Member Blake, Ordinance No. 2006.20 with the 14 recommended conditions as well as adding a 15th amendment stating the Town shall reserve the right to monitor and enforce the habitat management responsibilities of the HOA, was unanimously approved. 3. Resolution No. 2006 100: Relating to De';elopment; approving and authorizing the Mayor to execute the Cranitc Construction Company/Tangerine Deyelopment f..grccment (Frank Cassidy) - Tabled until July 11, 2006. 4. Resolution No. 2006-101: Relating to Development; approving and authorizing the execution of the Fifth Amendment to the Gladden Development Agreement (Frank Cassidy) Frank Cassidy, Town Attorney, addressed the Council and said Resolution No. 2006-101 is a Fifth Amendment to the Gladden Development Agreement. One amendment takes away the developer's obligation of constructing the Tangerine Farm Road so the town can construct the road through the improvement district as a single project. The second amendment addresses the school site within Gladden Farms. The school district does not want to take ownership of a 10-acre future school site at this time. If the school district is not able to take ownership by the time the town is ready to place an assessment, the property will be given to the town in trust for the school. The final amendment to the agreement clears up what cannot be developed if the road is not in place. Upon motion by Council Member McGorray, seconded by Council Member Comerford, Resolution 2006-101 with the recommended changes, was unanimously approved. Mr. Reuwsaat recognized representatives for Sharon Bronson and Mike Heins for attending the Council meeting. K. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. State Le~?:islative Issues: Updates (Mike Reuwsaat) No action. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 5, 2006 L. BOARDS. COMMISSIONS AND COMMITTEES M. EXECUTIVE SESSIONS. 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. N. FUTURE AGENDA ITEMS Council Member Escobedo asked that the issue of payday loans be brought before the Council for discussion. Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the Council voted unanimously to adjourn. The time was 8:52 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes ofthe Marana Town Council meeting held on July 5,2006. I further certify that a quorum was present. ~\"'"'''''''' ~_,OF~ ~ ~~'~\""'''''''~W~ ::0 ~ ~ ~ ::: ~ ! 1",(\RPORATf \ .. _ ~ ::.x.x., = = :: S SEAL::: - ~ ~ . i ;: ~ ~ ~ ~ ~ ~1 "11'lllIll'\~ ~ ~. ,eft"? 19'i~ IJJ;~',l\\~