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HomeMy WebLinkAbout08/02/2011 Regular Council Meeting Minutes MA =. Tom ow SWUM REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 2, 2011, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Council Member Ziegler was excused; there was a quorum present. PLEDGE OF ALLEGIANCE /INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion by Council Member McGorray to approve the agenda; second by Vice Mayor Comerford. Passed unanimously 6 -0. CALL TO THE PUBLIC. There were no speaker cards presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. No reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. No report. PRESENTATIONS CONSENT AGENDA. Motion by Vice Mayor Comerford to approve; second by Council Member McGorray. Passed unanimously 6 -0. C 1: Minutes of the July 19 regular meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a special event liquor license application submitted by the Tucson Breakfast Lions Club for 1 August 2, 2011 Council Meeting Minutes fundraiser events at Founders' Day located at Ora Mae Ham Park, 13250 N. Lon Adams Road. Presented by Ms. Bronson. This application was posted appropriated, and no protests were received. Staff recommended approval. Motion to approve by Council Member McGorray, second by mice Mayor Comerford Passed unanimously 6 -0. L 2: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series #10 (Beer and Wine Store) liquor license application submitted by Roger K. Burton on behalf of Giant #612, located at 4202 W. Ina Road. Presented by Ms. Bronson. This application was posted appropriated, and no protests were received. Staff recommended approval. Motion to approve by Council Member McGorray, second by Vice Mayor Comerford Passed unanimously 6 -0 BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2011.19: Presentation: Relating to Development; approving a rezoning creating the Rancho Palomitas Specific Plan. Council Member Kai declared a conflict of interest and left the dais. The Mayor opened the public hearing. Mr. Kish noted that this rezoning application is for approximately 78 acres to develop a commerce industrial park. The site is on the south side of Tangerine Road about two miles east of the I -10 interchange. The current General Plan shows this site as being industrial. The surrounding zoning is large lot, state trust land, Hayden's Concrete, heavy industrial and Breaker's Water Park. The proposed specific plan has three land use designations, which Mr. Kish discussed in detail and referred to throughout the presentation. The infrastructure is public, built to town standards with two points of access off of Tangerine. The project will bring in water and sewer as accepted by the town. During the Planning Commission discussion, one of the concerns raised was the solid waste transfer station. Mr. Kish then displayed the design concept showing the transfer buildings, a subterranean drive to load and fill the trucks, business offices and a light vehicle maintenance yard. Mr. Kish referred to the staff recommendation and the Planning Commission recommendations. One of the options changed Condition 8, disallowing the solid waste transfer station within the rezoning area. Mayor Honea noted that this is the time for questions from the public. There being none, he asked for questions from the Council. Council Member Post asked how many trucks would be moving in and out each day. The applicant, Mike Carlier, responded. He noted that it is anticipated 60,000 tons per years, which equates to about 14 18- wheeler loads per day, about two per hour going out of the facility. Council Member Post asked if there is an agreement to make sure that trash is picked up along the road. Mr. Carlier responded that when Republic comes forward with their development plan and obtain their permit for construction, they will enter into a development agreement with the town so that the issues of odor, waste, etc. would be maintained according to town standards. He noted that there will be an agreement, over and above the town standards that will ensure that the site will be kept clean. He noted that the owners and developers of the property in question are also the owners of the 170 acres at the northeast corner of Tangerine and I -10; also the developers 2 August 2, 2011 Council Meeting Minutes of Neighborhood 3 in Rancho Vistoso at the far east end of Tangerine Road. They have a shared vision with Marana of what Tangerine Road should look like. He further noted that Republic intends to maintain this station to the same standards as their newest station at Deer Valley and I -17 near Phoenix. Council Member McGorray asked if it would be part of the DA that the semis would go directly north to the Cactus landfill. Mr. Carlier replied that during discussions with the Mayor and Republic, Republic has guaranteed that all of the outgoing traffic will head immediately west to the interstate, going up I -10 to the Park Links Roads across to Highway 89 to Cactus landfill in Pinal County. Vice Mayor Comerford asked for clarification regarding the cleanliness of the trucks and where the water goes. It was confirmed that the water goes into a drainage area and is then pumped out. Nothing will remain onsite for a period of time to decompose and rot and emit noxious odors. Ken Deines, the general manager of Saguaro Environmental, responded that each day the trash is emptied and transferred to the landfill at Cactus. Vice Mayor Comerford asked if there would be a signal on Tangerine for the trucks to pull out on as they make their way toward the interstate. Mr. Carlier responded that there are currently no plans for a signal; that's typically the process for the development submittal. If a traffic study indicates that a traffic light is warranted and required, the developer will build one. In response to her question as to the number of trucks traveling in and out of the facility, Mr. Deines responded that there are a total of 43 routes at about 350 tons per days, or 19 trucks making two to three trips per day depending on the route. Vice Mayor Comerford expressed her concern regarding safety as it relates to the expansion of Tangerine over the coming years. Council Member Bowen asked about the well on the property. Mr. Carlier responded that there is a 20 -inch well on the property and another is intended to be installed. The town and the developer will share the expense of fire flow capacity for the second well. The well will be owned by the town. Mayor Honea closed the public hearing and asked for a motion. Vice Mayor Comerford moved to adopt the ordinance subject to the recommendations presented by staff and the Planning Commission, allowing the development of a solid waste transfer station facility within the rezoning area. Second by Council Member McGorray. The Mayor asked for discussion. Mr. Cassidy asked for a clarification regarding the discussion about a development agreement, and stated there are no conditions on that in the motion. Vice Mayor Comerford stated that the development agreement would come at the same time the development plan was put forth. Mr. Cassidy replied that that would be fine, further noting that on some of the previous cases the development agreement has been done with the entitlement or the issue that the development agreement was intended to address, in this case the transfer station, was made contingent on the execution of a development agreement. Council Member Post asked to have that added to the motion. The motion was clarified to state that the development is contingent upon a satisfactory development agreement which includes the discussion points made on the dais rice Mayor Comerford agreed to that clarification, as did Council Member McGorray. Motion passed 5-0. 3 August 2, 2011 Council Meeting Minutes ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative /Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies EXECUTIVE SESSIONS. Motion to go into executive session on Item E 2 by Council Member McGorray, second by Vice Mayor Comerford Passed unanimously at 7.24 p.m. 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 (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. Motion by Council Member Post, second by rice Mayor Comerford authorizing staff to proceed in a manner consistent with the discussion that occurred in executive session. Motion passed unanimously 5-0. FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn by Council Member Post, second by Council Member McGorray. Passed unanimously 5-0 at 8:38 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 2, 2011. I further certify that a quorum was present. OF JJ elyn . ronson, Town Clerk 1i. �,pRPO�RMre 4 August 2, 2011 Council Meeting Minutes