HomeMy WebLinkAbout10/07/2014 Regular Council Meeting MinutesREGULAR COUNCIL MEETING
MINUTES
1 1555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 7, 2014 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 7:03
p.m. Records Administrator Hilary Kiser called roll. Vice Mayor Post was excused, all
other Council Members were present, constituting a quorum.
PLEDGE OF ALLEGIANCEIINVOCATION /MOMENT OF SILENCE. Led by Mayor
Honea.
APPROVAL OF AGENDA. Council Member McGorray moved to approve the agenda,
seconded by Council Member Bowen. Passed unanimously 6 -0.
CALL TO THE PUBLIC. No speaker cards were presented.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS, Council
Member McGorray reported on the death of a bicyclist on Dove Mountain who had no
identification on him. while she was later able to identify him, she cautioned the public to be
sure to carry some identification on them at all times in case of an emergency. She also noted
October 7, 2014 Meeting Minutes 1
that the Marana police did a wonderful job at the incident. Mayor Honea reported on his
attendance at the Governor's Conference with Council Member Comerford. The economy is
starting to pick up in the state.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson reported
that the Council Executive Report for September is on the dais.
PRESENTATIONS
P 1: Relating to Special Events; update and preview of the Marana Harvest Festival signature
event that will be held on October 25, 2014. Presented by Vickie Hathaway, who invited all in
attendance to the newest of the town's signature events — the Marana Harvest Festival. She noted
a lot of great community involvement in planning this event including many town departments.
This event i's held in conjunction with the Gladden Farms community event, which will be on
one side of the Heritage River Park, and the Marana event on the other side. Ms. Hathaway also
recognized Marsha R.egrutto and Teri Murphy, community resources for sponsorships and
fundraising, the Heritage Conservancy and Northwest Fire District. She then provided an aerial
view of the events and discussed the amenities and features and the hours of operation. Tickets
are on sale for the steak cookout sponsored by the UA, and there will be a boondocking
component. A windmill dedication will start the festivities at 3 PM. She discussed the
transportation between the two events, including horse -drawn carriages and people movers.
Freedom RV is the signature sponsor, but other levels of sponsorship are available. So far about
$7,100 has been committed from sponsors. Ms. Hathaway then explained all the marketing and
media outreach being done. Council commended Ms. Hathaway on her work.
CONSENT AGENDA .Motion to approve by Council Member Ziegler, second by Council
Member McGorray. Passed unanimously 6 -0.
Cl: Resolution No. 2014 -089 Relating to Public Works; authorizing the acquisition by
negotiation or condemnation of lands and property rights needed for the Tangerine
Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. 2005 -
06 1 (RTA ST021) (Frank Cassidy)
C2: Resolution No. 2014 -090 Relating to Public works; approving and authorizing the
execution of an amendment to an intergovernmental agreement between the .Arizona Department
of Transportation and the Town of Marana relating to the I- 101Twin. Peaks Traffic Interchange
(Keith Brann)
C3: Resolution No. 2414 -091 Relating to Public works; approving and authorizing the Mayor to
execute the first amendment to intergovernmental agreement between the City of Tucson and the
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Town of Marana for cooperative design and construction of water and roadway improvements
(Thornydale Road, Camino del Norte to Moore Road) (Frank Cassidy)
C4: Resolution No. 2014 -092 Relating to Real Estate; vacating a portion of the public right -of-
way of Dalton Place (Camino de Mariana) through the Tucson Electric Power Company property
lying northeast of the westbound Interstate 10 frontage road (Frank Cassidy)
C5 Resolution No. 2014 -093 Relating to Real Estate; vacating a portion of the public right-of-
way of old Camino de Mariana through the VP Marana 160, LLC, property lying south of the
intersection of Twin Peaks Road and Blue Bonnet Road (Frank Cassidy)
C6: Resolution No. 2014 -094 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 2014 -2015 Community Development
Block Grant Program (Lisa Shafer)
C7: Resolution No. 2014 -095 Relating to Community Development; approving and authorizing
the Mayor to execute a Grant -in -Aid Fiscal Agent Agreement between the Tohono O'odham
Nation and the Town of Marana on behalf of the Marana Schools' 2340 Foundation for purposes
of funding Summer School and Higher Education Scholarships (Lisa Shafer)
C8: Resolution No. 2014 -096 Relating to the Police Department, approving and authorizing the
Chief of Police to execute an intergovernmental agreement between the State of Arizona
Department of Public Safety and the Town of Marana regarding the administration, funding and
operation of the Arizona Vehicle Theft Task Force (Lisa Shafer)
C9: Resolution No. 2014 -097 Relating to Special Events; approving and authorizing the Mayor
to execute an agreement between the Town of Marana and the Gladden Farms Community
Association regarding the presentation of the 2014 Harvest Festival (Jane Fairall)
CIO: Approval of September 9, 2014 Study Session Meeting Minutes, September 16, 2014
Regular Council Meeting Minutes, and September 23, 2014 Council Subcommittee Meeting
Minutes (Jocelyn C. Bronson)
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
B 1: Resolution No. 2014 -098 Relating to Boards, Commissions and Committees; making an
appointment to the Planning Commission.
October 7, 2014 Meeting Minutes 3
Mr. Cassidy presented this item, noting that the Council subcommittee reviewing Planning
Commission and Board of Adjustment appointments met a couple of times to review the
statements of interest from the public who wanted to be on the commission. Based on a review
of the applications, they conducted interviews, and the subcommittee is recommending John
Officer to the Planning Commission with a term expiring June 30, 2015. This appointment is to
complete the term for a member who had resigned. The Town Code does allow the Council to
accept the recommendation or go forward with some other option.
.Motion to appoint John Officer to the Marana Planning Commission, with a term expiring
June 30, 2015 by Council ..Member Ziegler, second by Council Member McGorray. Passed
unanimously 6--0.
COUNCIL ACTION
A I : PUBLIC HEARING: ordinance No. 2014.023 : Relating to Development; amending Marana
Land Development Code Section 08.08 (Medical Marijuana Uses) to extend the operating hours
of medical marijuana dispensaries and to permit medical marijuana dispensaries to deliver
medical marijuana to qualifying patients; and establishing an effective date.
Mayor Honea opened the public hearing. Presented by Laine Sklar, who noted that the two
medical marijuana dispensaries, the Apothecary and Nature Med, have filed an application to
amend the Land Development Code to allow dispensaries to be open from 7:00 AM to 9:00 PM.
The current hours are 9:00 AM to 5:00 PM. They are also recommending that the Code to
amended to specifically permit a delivery service which is not prohibited by the code and is
allowed under state law. The Planning Commission held a public hearing on August 27, 2014
and unanimously recommended approval of the ordinance with a couple of changes. Those being
that the dispensaries be open from 7:00 AM to 7:00 PM, and that the delivery service be stricken.
It is staff s recommendation that the Planning Commission recommendation be followed. Police
Chief Rozema concurred. Ms. Sklar also noted that representatives from Nature Med and The
Apothecary were present and wished to address the Council. Jacob Schmidt spoke and deferred
his presentation in the interest of saving time, but noted that he would accept the
recommendation for 7:00 PM, High wattage halogen lights have been installed in the parking lot
and bids are out for a street lamp to address the police chief s safety concerns. Council Member
Kai asked for clarification on Sunday hours. Mr. Schmidt said current hours are 10:00 AM to
5:00 PM seven days a week, and the extension would include Saturday and Sunday. Bryan Dill,
executive director of The Apothecary spoke reiterating the request for extending the hours of
business. He noted that in the year of operation there have been no incidents of theft or
vandalism which he believes may be partly due to cameras operating constantly, but also because
of the commitment to be responsible members of the business community. He also discussed the
reasoning behind the request for amending the business hours, which included that by increasing
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the Marana tax base and hiring additional employees, it benefits Marana. There being no further
speakers, Mayor Honea closed the public hearing. Ms. Sklar again presented staff s
recommendation and further noted that the request for the delivery service is not necessary as it
is authorized under state law.
Council Member McGor ray moved to approve Ordinance 2014.023 as presented by staff,
seconded by Council Member Bowen. Passed unanimously 6 -0.
A2: PUBLIC HEARING: Ordinance 2014.024 Relating to Development; approving a rezoning
of approximately 138 acres of land located at the west terminus of Pima Farms Road, west of the
Scenic Drive alignment, from `RR' Resort and Recreation to `F' Specific Plan for the purpose of
establishing the Lazy K Bar Ranch Specific Plan; approving a minor amendment to the General
Plan; and approving and authorizing the mayor to execute the Lazy K Bar Ranch Development
Agreement.
Mayor Honea opened the public hearing. Presented by Brian Varney. He noted that town staff
evaluated the proposed specific plan and found that the request constitute a minor amendment to
the General Plan. Proposed are 178 residential lots, roadway infrastructure, drainage and utility
infrastructure as well as approximately 2.3 S acres for recreation, not including an anticipated
public trail easement near the north boundary. Approximately 62 acres of the site will be
developed for residential lots and related infrastructure and 76 acres will be maintained as open
space. It is anticipated that about 25 percent of the area will remain as natural undisturbed open
space and the remaining portion will function as general open space and recreation area.
The proposed lot sizes are 7,200 square feet near the frontage on Scenic Drive to 9,100 square
feet near the center of the project to 11,200 square feet in the upper elevations. The builder is
anticipating three distinct product types with both one and two story models.
The primary and secondary access into the development will be via Scenic Drive. The primary
access aligns with Pima Farms Road and will provide both ingress and egress. The secondary
access is approximately 100 feet south of the north boundary for egress only. A gated
development is proposed ensuring private streets will be maintained by a homeowners'
association.
The town's traffic engineering division has accepted both the specific plan and the traffic impact
analysis. The applicants submitted a design exception request to reduce the required width of the
interior streets. The town engineer has accepted a proposed reduction to 12 -foot travel lanes
with a two -foot roll curb on both sides of the street. Parking will only be allowed on one side of
the street and has been approved by Northwest Fire District. A four -foot natural path will be
constructed along the main drive. A narrower street section reduces maintenance costs, land
October 7, 2014 Meeting Minutes 5
disturbance acts as traffic calming. Town staff has determined that re- opening Scenic Drive to
critical to ensure effective and efficient neighborhood traffic circulation. The owner /developer
will dedicate to the town the previously abandoned right-of-way for Scenic Drive along the
project's frontage and will fully improve /construct Scenic Drive in accordance with the
development agreement. The specific plan area will be served by Marana water, and it is
anticipated that a booster station will be constructed to supply water to the higher elevations
within the project. The owner /developer will be responsible for constructing all on -site and off -
site water infrastructure needed to serve potable water and fire protection. Sewer will be
provided by Pima County, and Tucson Electric Power and Southwest Gas serve the area.
Mr. Varney noted that the applicants conducted neighborhood meetings on June 2, 2014 and
August 19, 2014 with attendance by community residents of 60 and 35 respectively. The
predominant concerns expressed included project density, increased traffic on surrounding
streets, re- opening Scenic Drive, the potential for cut - through traffic on Moonfire Drive,
environmental impact, impact to local private wells and impact to views upon surrounding
properties. The town received a number of letters in support and in opposition to the proposed
rezoning and support for re- opening Scenic Drive.
With regard to the development agreement, it requires the owner to construct an extension of
Scenic Drive on and off-site of the owner's land from approximately 400 feet south of Silverbell
Road to the intersection of Pima Farms Road. The owner has agreed to dedicate the necessary
additional right -of -way to construct the extension of Scenic Drive and related infrastructure
improvements. He then summarized the proposed provisions.
Staff is recommending approval of a rezoning creating the Lazy K. Bar Ranch Specific Plan,
approving a minor amendment to the General Plan, and approving and authorizing the Mayor to
execute the Lazy K. Bar Ranch Development Agreement sub j ect to conditions. He then showed
the conceptual site plan to Council.
Michael Racy addressed Council and noted that Brian Underwood from the Planning Center
would be assisting hire. He gave Council a book of artifacts that have been preserved at the
Lazy K. Bar Ranch which he will be referring to during his presentation. The Lazy K. Bar Ranch
has been in operation as a guest ranch from 1932 to 2006. The current owners, Mr. Shiner and
Mr. Evans, have owned the ranch since 1995, and have been attempting to market it from 2006
to 2012 as a small guest ranch with no success. Mr. Racy then gave a historical overview of the
interest by various builders and densities beginning in late 2012. Earlier this year, Mattamy
Homes became involved, and they adopted the goals and mission of the owners to preserve the
name of the Lazy K. Bar Ranch, the stone house, the grounds and possibly even the meeting
room. He also reiterated all of the items Mattam.y Homes and town staff cane to agreement on,
including the re- opening of Scenic Drive. He noted that there were a number of neighborhood
October 7 2014 Meeting Minutes 6
It
meetings and that the people in unincorporated Pima County along Scenic Drive wanted the road
to stay closed, and the residents in Ironwood wanted the road to reopen. Mr. Lopez was
retained by the county residents to represent them, and Mr. Racy indicated that there were hours
of discussions between the applicants' representatives and Mr. Lopez. Mr. Racy also indicated
that in meetings with Mr. Lopez, Mr. Lopez said that this was a good project, and if the
applicants would support keeping Scenic Drive closed, he and his group would support the
project as designed now. Mr. Racy indicated that town staff, town management, the Council and
300 residents in Ironwood Reserve would like Scenic Drive open, so the applicant has to work
with the town to open Scenic Drive. At that point, discussions began on how to design Scenic
Drive so that it did not become a racetrack. Additional meetings were held to narrow the road
and the path to the east side and to install traffic calming measures. At the end of a month of
working together, a small group of neighbors decided that they wanted to oppose the plan
outright and other issues were brought to light.
The Planning Commission gave the project unanimous approval and spoke unanimously in
support of the project, and the process. At that point Mr. Racy's group were contacted by the
eight neighbors immediately to the north. At this time there is support from all eight lots to the
north, and any protests have been withdrawn. There is also support of the new owners of the
Stardance Center. Additional fencing will be installed and no trespassing signs will be placed
around Sanctuary Cove and trails removed that would allow trespass onto Sanctuary Cove.
There is no opposition from Sanctuary Cove or white Stallion, and the main concerns of
Ironwood Reserve have been addressed. There are still folks in the unincorporated Pima County
area that are vocally and actively in opposition. He also discussed issues related to the proximity
to Saguaro Park west, the development agreement and the construction of Scenic Drive. At the
conclusion of his presentation he also noted that the items in the book of artifacts which he
passed to Council earlier would be preserved in a gallery created in the house. Under a separate
agreement, those items could also be used or shared in the Heritage Park or the Heritage Center
at town hall.
Mayor Honea noted there were 15 speaker cards. Joyce Obiol, a resident on Scenic Drive,
spoke in opposition, specifically regarding density and two -story homes. Peter Chesson, a
resident on Camino de oeste, spoke as a representative of the Tucson Mountains Association
who want the environment and wildlife corridors preserved and respected. David Lutz, W.
Busterville, spoke regarding increased taxes and water consumption as a result of growth in
Marana. Ken Scoville, no street address given, read into the record one of his recent editorials
regarding constitutional government and general opposition to the project. Scott Stonum,
Saguaro National Park, opposed rezoning of the Lazy K Bar Ranch. John Emery, N. Ironwood
Reserve way, initially opposed the project due to the increased traffic until discussion occurred
about opening Scenic Drive, Margaret King, W. Rising Ridge Road, across from Rattlesnake
Ridge. Her concerns are the number of homes and increased traffic due to the density. Charles
October 7, 2014 Meeting Minutes 7
Kelly, N. Ironwood Reserve addressed a number of issues. He believes that Moonfire and the
opening of Scenic Drive are two separate issues, and that the opening of Scenic Drive won't
change driving habits. The Lazy K. Bar Ranch has been a major habitat for many years. Even
when the ranch was in operation, there was very little traffic. This property needs to be
preserved as a historic property. David Robertson, S. Hunters Run, spoke in opposition to the
project due to the density to maximize profit. This is an improper land use. Roy Johnson, S.
Hunters Run, a retired park service employee, spoke in opposition. As a biologist, he has never
seen a project like this close to a national park. Gregg Mitchell, N. Scenic Drive, spoke in
opposition to the rezone and emphasized his concern about the Council upholding democracy by
voting for the people in the Marana community. George Andrews, N. Crosswater Loop,
addressed the ongoing problem. of Moonfire. His solution is simple; put in an island that
prohibits left turns. Kids are there at all times of the day. Barbara Rose, N. Scenic Drive, a
resident for 30 years, spoke in opposition of the project and gave some of her reasons. It is too
much development, too close to the park and leaves too little of the wildlife corridor. Pat Lopez,
N. Swan Load, representing several residents, spoke in opposition on their behalf. He proposed a
compromise — that Council approve the proposed rezoning with eight stipulations which he
wrote and handed to Council, and made a part of the record. Carolyn Campbell, representing
the Coalition for Sonoran Desert Protection, spoke regarding the significance of the parcel of
land being proposed for development. From a regional perspective, this has been identified for
decades as a regionally - significant wildlife linkage. There have only been six identified in
various processes in the entire county. Initially, her group had hoped to support the project, but
had not been able to come to an agreement to preserve the wildlife connectivity.
Mayor Honea closed the public hearing and opened the discussion up to Council and the
applicants. Council Member Ziegler raised the issue of the concerns over traffic on Moonfire.
Mr. Mahoney indicated that the issue on Moonfire has been studied by the town's engineering
department. The traffic did not meet the thresholds, but at the Planning Commission level, it was
discussed that once the development goes into place, town staff would continue to study that.
Council Member Ziegler would like concerns of the residents addressed regardless of the
proposed development. Mr. Mahoney responded that the Moonfire concern raised the issue of
opening Scenic Drive, but staff will continue to look into the issue. Council Member Bowen
applauded the people who raised their concerns and the thought that went into them. He asked if
there was an agreement with Saguaro Park and what the disruption would be to Lazy K. if the
development goes ahead. Mr. Lacy responded that the Park Service had sent letters back with
their comments as part of the routine process. Many of those comments had to do with dark
skies and invasive plants and a list of other issues, and his group did their best to try to address
those. Revisions were made based on meetings with the Coalition, Fish and Came, biologists
from the Park Service and others. The issue of natural and open space was never raised. There is
less than 25 percent natural and open space on the Lazy K property right now. There has not
October 7, 2014 Meeting Minutes 8
been So percent open space on the Lazy K. since the 1930's. He does not know why there wasn't
a follow -up meeting with the Park Service. It was arranged, but cancelled.
Council Member Comerford directed comments to Mr. Racy about their long acquaintance and
promises made in the past on other developments that she felt he had not followed through with.
She does not believe that this project will be any different. She apologized to Mr. Shiner, but
stated that regarding promises for Scenic Drive, she has a hard time believing they will happen.
She based this on an Avra Valley project. She is not happy about what she is hearing or about the
project. Mr. Racy addressed Council and stated that she doesn't have to believe him but he
would like her support. The project deserves her support. Every commitment and every promise
is in an ordinance enforceable by town staff and management and the town attorney, and there is
not a single item in here that the Council has to believe or trust in anything he has said. Having
said that, the commitments on Avra Valley Road have been lived up to on a different project. He
asked for confirmation that a commitment for Avra Valley Road wasn't lived up to. This is the
first time he has heard anything about that and doesn't know what it has to do with this project or
what is really going on, but no one needs to trust or believe him at all. Council Member
Comerford stated that it has to do with credibility.
Council Member Kai's concerns regard wildlife connectivity and the two -story homes. It seems
that there is a lot more open space to the west of Lazy K., and those property owners will be
corning to the town of Marana and wanting to annex into the town. He urged staff to take notice
that when that happens, the wildlife corridor is wide enough. He asked for elaboration the two -
story homes. Mr. Racy responded that the current document restricts to not more than 50
percent. Single story has been restricted along the northern boundary. The expectation of
Mattamy Homes is far less than 50 percent, and there is absolutely no obj ection to single story
along Scenic or any of the perimeters. That would be fine. Any two -story would be on the
interior of the project. Council Member Kai asked for clarification on complete two -story or
high rooftops to imitate two - story. Mr. Racy stated that the current plan by Mattamy will
probably be varied rooflines with a couple of master suites on the single story, but they would
like to keep flexibility for architectural variation within the project. Council Member
McGorray does not want flexibility for two -story homes. She would like a real promise on the
two- stories. Mr. Racy stated that Mattamy does not anticipate many two - stories. He will talk to
Mr. Shiner about all one -story homes, but definitely one -story on the perimeters. Council
Member Ziegler also wanted to keep one -story homes, but as she looked around Continental
Ranch, she liked the variation between one and two - stories so that the homes don't look cookie
cutter and give people an option. She would like the two stories within the interior. Mr. Racy
conferred then with Mr. Shiner and stated that the homes would be all single story. That's in the
specific plan and in the document.
October 7, 2014 Meeting Minutes 9
Mayor Honea noted that although the public hearing is closed, Council can ask for anyone to
speak. A member of the audience asked to speak but was not identified for the record. He
apparently was from Saguaro National Park, and stated that it was extremely inappropriate to ask
the developer about the national park service's comments and concerns without giving us the
opportunity to state them ourselves. All of our comments are part of the record and have been
submitted, and he hopes they were all provided to Council over the past year. He gave additional
information on concerns which is the continuous upzoning and the effort of developers to come
in and determine the future of Marana and the neighbors of Marana. There was no reason not to
meet with the developer as park service employees meet with other developers near the park
boundaries.
Motion to approve Ordinance 2014.024 as presented by staff subject to the modification to the
development plan limiting the construction of residential homes to a single story by Council
Member Kai, seconded by Council Member .Ziegler. Roll call vote required for a super
majority, motion failed 5--1, with Council Member Comerford voting no and Vice Mayor Post
absent.
ITEMS FOR DISCUS SIONIPOSSIBLE ACTION
DI 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. No report.
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38- 431.03, the Town Council may vote to go into executive session, which
will not be open to the public, to discuss certain matters.
El 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.
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).
October 7, 2014 Meeting Minutes 10
ADJOURNMENT. Motion to adjourn at 9:12 p. m b Council Member McGorra second b
Council Member Kai. Passed unanimousl 6-0.
CERTIFICATION
I hereb certif that the fore are the true and correct minutes of the Marana Town Council
meetin held on October 7, 2014. 1 further certif that a q uorum was present.
f Hiserjior Jocel C. Bronson, Town`/,,'C'lerk
N
MA RANA 7
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October 7, 2014 Meetin Minutes 11