HomeMy WebLinkAbout08/16/2011 Regular Council Meeting Minutes i�
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REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, August 16, 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
6:59 p.m. Town Clerk Bronson called roll. All Council members were present
constituting a quorum.
PLEDGE OF ALLEGIANCE /INVOCATION/MOMENT OF SILENCE. Led by Mayor
Honea.
APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second
by rice Mayor Comerford. Passed unanimously.
CALL TO THE PUBLIC. Whitney Baldo, project coordinator for Open Inn, Inc.,
presented information on SafePlace, a program designed to assist young people ages 8 -24
who are at -risk or in crisis. The aim is to get kids off the street and into a safer
environment. Currently, services are provided to over 12,000 young and families in
Arizona each year. Her organization works closely with MUSD to address chronic
truancy; in 2009 -2010 there were approximately 1200 youths identified as homeless in
Pima County, and 20 percent of those were from Marana. Leanne Robertson spoke on
behalf of Blue Star Mothers of America, a group of mothers whose sons and daughters
have or are currently serving in the military. She presented information on a 5K run the
group is hosting in cooperation with the Stephen Siller Foundation for the Tunnel to
Towers run/walk/roll Run on September 11, 2011 starting at 6:45 a.m. at Crossroads at
Silverbell Park. Northwest Fire is assisting at the event. The event is a fundraiser for the
Southern Arizona Firefighters Association as well as the men and women who are
currently serving in Iraq and Afghanistan.
PROCLAMATIONS
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August 16, 2011 Council Meeting Minutes
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Ziegler announced that she just learned she was going to be a
grandmother again for the second time.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mr. Davidson noted that the Council Executive Report for August is available on the
dais.
PRESENTATIONS
CONSENT AGENDA. Motion to approve by Council Member McGorray, second by
rice Mayor Comerford Passed unanimously.
C 1: Resolution No. 2011 -80: Relating to Personnel; amending the fiscal year 2011-
2012 classified salary schedule to change the title of the position of Technology
Supervisor to Technology Manager
C 2: Resolution No. 2011 -81: Relating to Development, approving a development plan
for El Ganado Auto Center
C 3: Resolution No. 2011 -82: Relating to Personnel; approving and
adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter
3 - Compensation, Policy 3 -8 "Holiday Pay" and Chapter 4 - Employment Benefits,
Policy 4 -4 "Holidays"
C 4: Resolution No. 2011 -83: Relating to Development; approving a final plat for
Continental Ranch Retail Center — Westside Resubdivision #2, Lots 9 & 17
C 5: Minutes of the August 2 regular meeting and August 9 study session
LIQUOR LICENSES
L 1: 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 #628, located at 12030 N. Dove Mountain Boulevard.
Presented by Ms. Bronson who noted that staff has reviewed the application, it has been
properly posted and no protests have been received. Staff recommended Council
approval. Motion to recommend and order for approval by rice Mayor Comerford,
second by Council Member McGorray. Passed unanimously.
L 2: Relating to Liquor Licenses; recommendation to the state liquor board regarding a
Person and Location Transfer Series 7 (Beer and Wine Bar) liquor license application
submitted by Bobby D. Newman on behalf of Mike Jacobs Sports Park, located at 6901
W. Casa Grande Highway. Presented by Ms. Bronson who noted that staff has reviewed
the application, it has been properly posted and no protests have been received. Staff
recommended Council approval. Motion to recommend and order for approval by
Council Member Post, second by Council Member Ziegler. Passed unanimously
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
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A 1: PUBLIC HEARING: Ordinance No. 2011.20: Relating to Development;
approving a rezoning for Rancho de Mariana of approximately 67.8 acres of land located
on the west side of Camino de Mariana, approximately one -half mile south of Tangerine
Road. Mayor Honea opened the meeting for public hearing. Presented by Ms. Shafer,
who described the request from the current zoning to R -36. She noted that the request is
in line with the 2010 General Plan which is low density residential for this area. The 33
lots being proposed would bring .5 units per acre which meets the intent of the low intent
designation. She indicated where the site is located and pointed out the zoning around
the property in question. The applicant is proposing a 33 -lot subdivision of
approximately 54,153 square feet — all over an acre for each lot of custom, single family
residences. There will be a 30 percent disturbance limitation on the property. The
property owner is proposing to put the two large washes in common area and then the rest
of the lots will have a building envelope of approximately 17,500, including drivel and
septic system. The 30 percent takes in roadways and utilities. The access is a loop road
with two access points that both exit onto Camino de Mariana. Lots 1 and 2 are
proposing a shared driveway. Lots 3 and 4 have their driveways on the loop road. The
streets will be public and meet town standards. There is an existing cell tower which will
remain until the lots are developed and ready for sale and then removed and relocated to
another site. The area where the cell tower is will be re- vegetated. The closest sewer in
the area is at Sky Ranch to the east, approximately 3,000 linear feet away so according to
ADEQ they would not have to hook up to sewer. Right now, they are proposing septic.
Once the platting is complete, if the sewer is closer, they would be required to hook up to
sewer. They will also be providing a cost benefit analysis showing the differences
between sewer and septic. There is no water. Platting 33 lots, they would not be able to
use well water; there will have to an assured water supply.
This item was heard twice before the Planning Commission; the first time it was
continued and then it was heard July 27, 2011. The Planning Commission is
recommending denial to the Council. The Planning Department is recommending
approval. Mayor Honea asked for the Planning Commission vote — to deny 5 -2. He
then asked about Lot 1 and how much building space there is. For the lots facing Camino
de Mariana, the setback from the road is 30 feet; the houses will probably be set back
further. Council Member Kai asked about the Commission denial for Lots 1 and 2 and
asked if access onto Camino de Mariana was one of the objections. Ms. Shafer replied
that one of the amendments to the recommendation for approval was to remove Lots 1 -4.
That motion did not get a second although it was a concern of some of Commission.
William Tenison spoke as a resident of the affected area and indicated that nobody's
aware of what this entails. He noted that Camino de Mariana floods and indicated
something being cut back that involves a half section of land that is not mentioned on the
maps that were shown to Council. He felt that if the right considerations were made to
the proposal he would be on board with the project. He indicated that he represented nine
homeowners that are using a shared well and when there are problem they can help each
other. He doesn't know what the project will do to his quality of life, and he's not for it
for that purpose. He does not feel that this is the right plan for the property. At the very
least Lots 1 -4 need to be eliminated to give current homeowners a buffer and get the
potential owners out of the wash that's shown on the map and not shown on the map.
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Rogelio Gomez spoke as the owner of two parcels on Camino de Mafiana directly across
from Lots 1 -4 and also includes the two drive -ins to the main road. He noted that he
bought his properties with the intent of not having any subdivisions or building up to his
property. His major concern is traffic, much of which exceeds the current speed limit;
there is a lot of sand on both sides of Camino de Mafiana coming from the arroyos, and
he has had to help dig vehicles out which have gotten stuck. He noted that the area is in a
flood plain, and they all have to pay flood insurance and are restricted as to what they can
build or block or not block. He believes that adding 33 homes to the area does not take
the flood issue into concern. He asked Council to consider all the facts and the people in
the surrounding area.
Steven J. Wyly indicated his property on a map for the benefit of Council, directly across
from the proposed development. Mr. Wyly briefed Council on a buffer he and other
landowners negotiated with the developer of Sky Ranch several years ago, noting that the
buffer has been effective in mostly concealing the Sky Ranch development along Camino
de Oeste from his property and other property owners that will be affected by the
proposed 33 -home development. What he and his group are asking for is the same
consideration. They moved there to be left alone as their chosen lifestyle and asked
Council to take that into consideration; the property owner has the right to do whatever
he wants. The reason there is so much animosity between them is because they (property
owner) never bothered to deal with this from day one; they thought they could just
steamroll this thing through and that's the one reason the zoning people turned it down —
because it was so haphazardly done. Since Twin Peaks was built, the traffic on Camino
de Mafiana has expanded by tenfold. All the people that live east of Thornydale come
down Camino de Mariana to get to Twin Peaks because they don't want to go down
Thornydale and get into that mess in Cortaro. He doesn't think the Planning Department,
the Traffic Department or the engineers have any idea how bad this traffic is.
Tate Wyly introduced himself as a longtime resident on Camino de Mafiana and a
professional civil engineer. He stated that his concern is the engineering. Some issues
have been addressed by the property owner by changing some of the alignment of the
driveways backing directly onto Camino de Mariana. The flood zone issue is also a
concern of his. To create the two feet of freeboard for flood zoning and planning rules,
there's going to create a really big impact to sight lines. Although the topography
generally falls southwest, the people directly east are going to have reduced visibility
from the sunsets, and we all know that one of the great things about Arizona is our
sunsets. Further, the traffic counts are increasing exponentially. Camino de Mariana
does not meet minimum design standards. Personally, this will greatly impact our quality
of life. He sincerely believes his accomplishments up to this point are a direct result of
his rural upbringing. If he inherits the property, this development will impact future
generations' ability to experience the same things. Whereas a more moderate zoning will
allow the same type of lifestyle for his family that he has had. Mr. Wyle indicated that
this issue is similar politically to what the Council is experiencing with the wastewater
issue — a property owner who does not live in Marana is proposing something that greatly
affects people who live in the area. Mr. Wyly also noted that although he and his
neighbors do not technically live in the Town of Marana, he is a graduate of the Marana
High School. He further emphasized that he and his group are reasonable and hold no ill
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August 16, 2011 Council Meeting Minutes
will for the property owner to take his investment and better it. But it should be done
responsibly with regard to the sanctity of someone's home.
Mayor Honea asked if the applicant was available to answer questions. He asked if the
roadway in front of the property was County or Town of Marana. Ms. Shafer replied
that it is both. The frontage of Lots 1, 2, 3 and 4 is Marana. Mayor Honea asked the
applicant about the drainage and water on Camino de Mariana. Has the drainage been
engineered for those first four lots? Alex Batt, the branch manager for AMEC Earth and
Environmental, Inc. responded that drainage has not been engineered in front of the lots,
only behind the lots. The lots would not be contributing to the drainage in that area. The
applicant noted that there was a question regarding drainage earlier which he would like
to address. The shaded areas (on the drawing) are the 100 -year flood plain; the dashed
areas are the allowable area that the lot owner would be able to use for a house, yard and
driveway. Those dashed areas can be reconfigured to be out of the drainage way. The
houses on most of the lots could be raised one foot to a foot and a half, which would then
raise the finished floor elevation above the 100 -year water surface elevation and meet all
the requirements of the Town.
Mayor Honea then asked about Lots 1 and 2 and the driveway onto Camino de Mariana
and whether there would be a dip section through the road drainage right of way. Mr.
Batt responded that additional work needs to be done on that. There are several options
— a culvert with a pipe culvert over the driveway or a dip. He also wanted to address
whether people would back out of the driveway. He doesn't believe that would occur.
The lots are larger than one acre and there is ability to drive out face first. With regard to
the traffic capacity of Camino de Mariana, it is 15,600 vehicles per day. The projected
volume right now is 1,047, so there are fewer vehicles on the roadway than it has
capacity for. The issue of high speed should be addressed with signing. He further
indicated that he is a transportation engineer. Mayor Honea asked for the current
designations on surrounding properties. Ms. Shafer pointed out R -36 zoning.
Council Member Post indicated his concerns about the road (Camino de Mariana) when
and if it comes into the town. Once it is in, it will have to be improved, and approving
the four lots along the road at this time may be premature until there is some type of
solution about what to do with the road. The 100 -year floodplain is not a good reason to
push them up that close to the road. He would like to see them pushed farther away even
if it means building up the pads for those homes. Ms. Shafer noted that this area would
fall under the Town's Northeast Transportation Area, so they would be paying impact
fees. She noted that when the study is redone, possibly they could add Camino de
Mariana to the list of the roads that would benefit from those impact fees. As the area
develops, more of the lots will be paying into that Northeast impact fee which could bring
improvements to Camino de Mariana, but it would be in the future. Council Member
Post said that with 30 foot setback that may not give the Town enough flexibility to do
drainage work along Camino de Mariana, and the water does flow on that side of Camino
de Mariana. Ms. Shafer said the drainage would be looked at during the platting stage.
Thirty feet is the minimum allowed, so they may have to be pushed back. Typically at
this stage in the rezoning, the developers don't have that detailed information on
specifics. Council Member Post indicated he would be inclined to go forward if the
developer would agree to an extended setback, otherwise more study may need to be
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done. Vice Mayor Comerford confirmed with Mr. Cassidy that this item is a rezone and
not a plat approval, so the reason all of the studies haven't been done is to be sure that the
property will be zoned so they can do the project. Then the plat will be brought back to
Council for approval with all the engineering studies completed. Mr. Cassidy agreed
and noted that that process is ministerial in that the developer meets the requirements,
there is not the same level of discretion (to change anything) that Council has tonight.
The zoning is where Council has lots of discretion. Council Member Kai concurred
with Council Member Post's assessment. Eliminating Lots 1 -4 would make the
development More exclusive and respect the rights of the neighbors. Mayor Honea
noted that he more or less concurs, but his biggest concern is Lots 1 and 2 because of
space. Lots 3 and 4 are exiting onto the loop road. He also indicated he doesn't have a
problem with R -36, but he would like to see Lots 1 and 2 go away.
Adam Edwards, project engineer for AMEC, addressed Council and noted that the
development is at RAC .5 which is the bare minimum for R -36. So if lots were
eliminated, it wouldn't meet the General Plan and it wouldn't meet R -36. Mayor Honea
questioned that, saying there would be less density and it would more fit the General
Plan. Ms. Shafer noted that the General Plan is low density, and the bottom of low
density is .5. So less than that is rural density which goes up to .5. If you eliminate lots,
it would be more of a rural density in the General Plan which would require a minor
amendment to the General Plan. Vice Mayor Comerford asked if it would be feasible to
having more than a 30 -foot setback? Mr. Batt indicated that it might be possible to
increase the setback on those four lots. It may be that on Lots 1 and 2, they could put in a
joint use driveway that would access onto the loop road. Typically, when dealing with
the 100 -year floodplain, there may need to be some armoring or riprap improvements. At
this point, the one driveway onto Camino de Mariana could be reconfigured. Vice
Mayor Comerford asked what would be the most setback. Mr. Batt responded that at
this time, Camino de Mariana is a 60 -foot right of way with a 30 -foot setback. The
property owner has agreed to limit those houses to one story along Camino de Mariana.
Vice Mayor Comerford enumerated the concessions from the developer as being a 50-
foot setback, single story homes on Lots 1 -4, R -36 all the way around, and only exit and
entrances on the loop road. Council Member Ziegler concurred with Vice Mayor
Comerford's assessment. She asked what the setback is on the other side of Camino de
Mariana. Council Member Ziegler thought it might be premature to put too many
demands on the developer at this point. If the road in front of Lots 1 -4 is the Town's
responsibility, we will do what we've always done and keep our roads clean and without
potholes and in good repair. She would encourage at the right time for the developer to
commit to the farthest setback possible. Mayor Honea recounted what the stipulations
on a rezoning could be — 50 -foot setback, single story and driveways exiting onto the
loop road for Lots 1 -4. Mr. Cassidy concurred that that could be done. He also
confirmed that the setback for suburban ranch which is the county zoning across from the
four lots on Camino de Mariana is a 50 -foot front yard setback. Mayor Honea noted that
the exiting onto the loop road would require meeting a higher criteria and would be safer
than exiting onto Camino de Mariana.
Council Member Ziegler asked how much of the development is in the flood plain. Mr.
Batt indicated that the shaded areas on the map are in the 100 -year flood plain, but it's all
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August 16, 2011 Council Meeting Minutes
in the flood plain and would most likely require flood insurance. Council Member
Ziegler also asked about access onto the loop road for Lots 1 -4. Mr. Batt indicated that
that would require more engineering to be specific. Council Member Ziegler indicated
she would be in favor of the Vice Mayor's recommendation. Ms. Shafer noted that
condition #17 is already contained in the proposed ordinance, so only the two additional
conditions would need to be added. Council Member Bowen indicated that the biggest
problem seems to be with Lot 1. If you have a 50 -foot setback and put in a driveway in
the back, you don't have much lot left. That's the owner and the developer's problem,
but it does seem to squeeze that lot down. His concern is regardless of what is done now,
eventually there may be erosion to the point of having little of the original lot left. Mr.
Batt responded that the condition of the rezoning limits this to 33 lots, so if they lose
some buildable area from Lot 1, Lots 2 and 3 may be able to shift things over. This is
some of the design they would have to develop to make things work. They would hope
not to lose Lot 1 but he acknowledged it is very tight right now. They will try to figure
something out.
Vice Mayor Comerford moved to adopt the ordinance, including the staff
recommended conditions and an additional 50 foot setback on Camino de Mariana and
egress and ingress only from loop roads Second by Council Member Ziegler. Passed
unanimously.
A 2: Ordinance No. 2011.21: Relating to Development; approving a modification to the
rezoning conditions of Ordinance 2007.01. Presented by Lisa Shafer who noted that the
affected property north of Sunset Road from the west side of Silverbell Road was rezoned
by Council from R -144 to R -36 in 2007. At that time, there were two structures on the
property required for removal prior to final plat approval. The developer is now going
through the platting process but is hoping to have the two buildings removed prior to a
grading permit instead which provides them a better financing mechanism prior to plat
approval. Staff does not have an issue allowing this to be postponed to the grading
permit and recommends Council approval in a change to the ordinance.
Vice Mayor Comerford moved to approve the modification to the rezoning conditions
of Ordinance No. 2007 -01 second by Council Member Post. Passed unanimously.
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 Post, second by Council Member McGorray. Passed unanimously. Council
Member Kai was excused from the executive session.
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
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August 16, 2011 Council Meeting Minutes
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 by Council Member McGorray, second by Vice
Mayor Comerford. Passed unanimously at 8:29 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council meeting held on August 16, 2011. I further certify that a quorum was present.
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August 16, 2011 Council Meeting Minutes