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HomeMy WebLinkAbout09/03/2013 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 3, 2013, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, 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. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE . Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. CALL TO THE PUBLIC. David Morales spoke regarding his observations about Town leadership and different levels of intelligence. PROCLAMATIONS MAYOR AND COiJNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member McGorray and Mayor Honea both reported on the League of Cities and Towns annual conference in Oro Valley last week. Council Member McGorray noted that she and Council Members Comerford and Kai all received years of service awards. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS . Mr. Davidson noted that the Council Executive Report was placed on the dais. PRESENTATIONS Meeting Minutes —September 3, 2013 CONSENT AGENDA . Motion to approve by Council Member Ziegler, second by Vice Mayor Post. Passed unanimously. C 1: Resolution No. 2013-082: Relating to Community Development; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2013-2014 Community Development Block Grant Program C 2: Resolution No. 2013-083: Relating to Development; approving a release of assurances for San Lucas Blocks 3 and 4 and acceptance of public improvements for maintenance. C 3: Approval of the August 20, 2013 council meeting minutes LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Relating to Development; public hearing to discuss and consider an application by the property owners to annex an approximately 36.79 acre parcel of property located on the northeast corner of Twin Peaks and Oasis Roads. Presented by Cynthia Ross, who noted that several letters had been submitted from property owners, placed on the dais for Council review and will be made a part of the permanent public record. Ms. Ross further noted that the public hearing tonight is for the purpose only of discussing the annexation and not a rezoning. Mayor Honea opened the public hearing. Speakers in opposition to the annexation and/or proposed project density included Ron Isaacson, Carlos Ornelas, Susan Parrish, John Holley, Keith Arnold, Gayle Stenstrom, Thomas Hanley, Gordon R. Prentis, Jo Jenott, D. Cantrell, Sherry Potter, Kelly Brooks and Mike Downey. Patty Miller stated that she was not opposed to the annexation, just the density. Mayor Honea closed the public hearing. Linda Morales from The Planning Center, representing the property owner and potential developer who requested the annexation, Pulte Homes, addressed Council. Mayor Honea noted that in the General Plan this area is zoned low density residential which allows a maximum of two residences per acre on the entire site — that would be �3 homes. Mayor Honea again Meeting Minutes—September3, 2013 2 emphasized that zoning and density are completely separate from annexation. If the property is annexed, it doesn't mean the density gets approved as requested. He asked why Pulte is asking for such high density. Ms. Morales noted that she held a meeting last week with the neighbors to make sure they understood the annexation and the annexation process. She clarified that this is a single owner annexation — no other properties were coming in with this annexation. She noted that her client put a concurrent request along with the annexation request for a specific plan to start the process. The 91 lots came from that first submitta.l. Under the specific plan there is allowed a one-step increase of the existing density, and this is a slight increase over what was proposed under the initial draft plan. Since then, she has received considerable comments from staff and has been working on responding to those. She indicated that they had put that on hold until the annexation hearing. She noted that she does need to go back and work with staff and with the neighbors. She indicated that all she is asking for tonight on behalf of her client is a chance to bring this property into the town and to work with town staff and the neighbors. She further noted that her client did not get turned down by the Pima County. She came to Marana first because she felt this annexation is in keeping with the town's vision for the Twin Peaks corridor and the Strategic Plan. Mayor Honea asked if the blank petition includes Oasis Road on the southern border of the project. Ms. Morales responded that it does include the frontage of Oasis Hills and extends a bit. Mayor Honea stated that the town can't do anything about Oasis if it's not incorporated with the project. Ms. Morales responded that Oasis will be annexed going east and west back to where it connects to Twin Peaks as well as Twin Peaks. Council Member Ziegler stated that she would not vote for this the way it is — with the intended density. She addressed Ms. Morales and asked her to stay open to negotiating the density during the "talking" period. Council Member Bowen stated for the record that this is simply a request to become part of the town so that any future conversations concerning density can take place here rather than with Pima County. Ms. Morales concurred. Council Member Bowen stated that he would rather have those conversations in Marana instead of Pima County, and since Pulte owns the land, and something's going to happen there anyway, he will vote for the annexation so that the concerns and future conversations can happen in Marana. He further stated that development will go in, and will go in along that corridor because that's the reason the Twin Peaks Road was built. He stated that he wants that development to be balanced and prudent in every way and to Meeting Minutes—September3, 2013 3 follow the town's General Plan. Ms. Morales stated for the record that Pulte is under contract to purchase the property — they haven't purchased it yet. A 2: PUBLIC HEARING: Ordinance No. 2013.021: Relating to Development; adopting the revised Casa Sevilla Specific Plan; modifying development standards pertaining to lot size, grading limits, lot coverage, and maximum building height; and allowing an increase in the number and type of homes. Jenna Reilly presented this item to Council. Mayor Honea opened the public hearing. She noted that the Planning Commission recommended approval with the conditions listed in the report and adding a condition that limits the project to 48 units. It was previously presented as 64 single family lots. She noted that the development will now be serviced by public sewer. No protests against the projects have been received, and staff is recommending approval with the conditions in the staff report and the additional condition. Mayor Honea noted that he was on the Council when this was presented initially in 2005. The biggest problem at that time was drainage, washes and water flow and ingress and egress through the property which was why they limited the project to 321ots on higher portions of the property. In response to an inquiry from the Mayor, Ms. Reilly noted that the primary entrance is on Camino de Oeste at Tangerine. She further noted that development engineering has reviewed and accepted the plan as is. Environmental engineering's concerns were on the east and west side of the property which will be kept open. The ordinance was amended to indicate 481ots. Diane Lee, a resident on West Desert Falcon which empties out onto Camino de n, asked if the development empties out onto Camino de Manana. Keith Brann stated that Camino de Oeste has a paper right of way that goes down to the Camino de Manana right of way which is not paved but is maintained by the town as a dirt road. There are plans to pave the road. The developer would have to pave from Camino de Oeste to Tangerine at their entrance. There are no plans to pave Migitty Road as part of this development. Mr. Brann stated that this development is using a main entrance off of Camino de Oeste with a secondary emergency access directly onto Tangerine Road. Motion to approve by Council Member Bowen with the added condition limiting the units to 48, second by Vice Mayor Post. Passed unanimously. A 3: PUBLIC HEARING: Ordinance No. 2013.022: Relating to Development; amending the Marana Land Development Code to prohibit Meeting Minutes —September 3, 2013 4 medical marijuana dispensary offsite cultivation locations throughout the Town; amending Marana Land Development Code Section 05.02.06 (Medical Marijuana Uses in Zones A-E), Section 05.10.01 (AG Agricultural), Section 05.11.04 (RC Regional Commercial), Section 05.12.02 (Light Industrial), Section 05.12.03 (HI Heavy Industry), and Section 08.08 (Medical Marijuana Uses); and establishing an effective date. Resolution No. 2013-084: Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2013.022, amending Marana Land Development Code Title 5(Zoning) and Title 8(General Development Regulations), prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana. Presented by Laine Sklar. This amendment was taken before the Planning Commission on July 31, 2013. They voted 5-2 to recommend approval of this amendment. She discussed some of the reasons for the amendment, including Chief Rozema's concerns regarding increased crime which puts our residents in danger as well as cause a drain on police resources. She further noted some of the concerns which she highlighted in the information she included in the Council packets. There are currently two dispensaries within the town limits, and our population is being served. Mayor Honea opened the public hearing. Stephanie Ashcraft, a Marana resident, spoke in favor of the amendment. Dan Post, also a Marana resident, spoke in favor of the amendment. Mayor Honea closed the public hearing. Motion to approve Ordinance No. 2013.022 and Resolution No. 2013 by Council Member Comerford, second by Council Member McGorray. Passed unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Legislation and Government Actions; Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies EXECUTIVE SESSIONS. Motion to go into executive session on Items E 2 and E 3 by Vice Mayor Post, second by Council 1Vlember Comerford. Passed unanimously. Meeting Minutes—September 3, 2013 5 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) for discussion and consultation with the Town's attorneys for legal advice and to consider the Town's position and instruct its representatives regarding pending negotiations with the Arizona Sta.te Land Department concerning the Tortolita Preserve Lease. Motion to give authorization to proceed in a manner consistent with the discussion in the executive session regarding the State Land item by Vice Mayor Post, second by Council Member Bowen. Passed 6-0 with Council Member McGorray �xcused at 8:40 p.m. E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(4), for discussion or consultation with the Town's attorneys concerning the lawsuit entitled Guerena vs. Pima County, Pima County Superior Court No. C20117686 (in which the Town of Marana is named as one of the co- defendants). No action necessary. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT. Motion to adjourn by Vice Mayor Post, second by Council Member Kai. Passed 6-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 3, 2013. I further certify that a quorum was present. Meeting Minutes—September 3, 2013