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HomeMy WebLinkAbout10/21/2014 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 21, 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 McC orray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL To ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:06 p.m. Ms. Bronson called roll. Vice Mayor Post and Council Member Kai were excused. There was a quorum present. PLEDGE OF ALLEGIANCEIINVOCATIONIMOMENT OF SILENCE. Led by Boy Scout Den 10, Pack 219. APPROVAL OF AGENDA. Motion to approve as amended by removing Item L1, which was requested by the applicant to be moved to a future date, by Council Member 1McGorray, second by Council Member Ziegler. Passed S -o. CALL TO THE PUBLIC. Nan Phillip, Continental Ranch, spoke regarding road construction in sections 16 -18. David Morales spoke regarding millennials showing less dependence on driving for their transportation needs by living in urban centers and being able to walk and bike to work or using public transportation. October 21, 2014 Meeting Minutes 1 PROCLAMATIONS Proclamation: Declaring October 19 -25, 2014 as Arizona Cities and Towns week MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported on a regional MADD event he attended with the police chief. and Council Members. Police officer John Pathamavong received the officer of the Year award for Mar ana. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reminded everyone that this corning Saturday (October 25) is the First Fall Heritage Festival at the Heritage River Park from 3 -10 p.m. This is a joint effort with many community partners and is free to the public and a real family event. PRESENTATIONS P1 Presentation: Recognizing Norman Fogel for his contribution to the Town of Marana. Mayor Honea noted that Mr. Fogel served the Town for seven years, many of which were as the chair of the Planning Commission. Tonight's presentation was a plaque presented in his honor. CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Council Member McGorray. Passed S -o. C1 Resolution No. 2014 -099 Relating to Development; approving a final plat for Tangerine Crossing Commercial Center 11, Lots 11 -16, being a re- subdivision of Tangerine Crossing Commercial Center Lots 6, 9, and 10, generally located along the north side of Tangerine Road, east of Thornydale Road (Robert Clements) C2 Resolution 2014-100 Relating to development; approving a final plat for Boulder Bridge Pass III at Dove Mountain, Lots 1.99, Blocks " 1 " and "2 ", Common Areas "A" and "B" located approximately 0.4 miles north of the Dove Mountain Boulevard and Boulder Bridge Pass intersection (Steve Cheslak) C3 Resolution 2014 -101 Relating to Development; approving a development plan for Del Webb at Dove Mountain Community Center generally located .03 miles south of Dove Mountain Boulevard on Del Webb Trail (Steve Cheslak) C4 Resolution No. 2014 -102 Relating to Development; approving a final plat for Continental Ranch Retail Center - Westside R.esubdivision 44, Lot 18 located approximately 0.1 miles southeast of the intersection of Cortaro Road and Arizona Pavilions Drive (Steven Vasquez) October 21, 2014 Meeting Minutes 2 C5 Resolution No. 2014 -103 Relating to Development; approving and authorizing the Town Engineer to execute and record an amendment to the legend on the cover sheet of the Final Plat for Casa Sevilla Lots 1 -48 and Common Areas "A" thru "D" to establish a public sidewalk easement immediately adjacent to public right-of-way (Frank Cassidy) C6 Resolution No. 2014 -104 Relating to Administration; approving and authorizing the Finance Director to execute Amendment Number Three to the contract between the Town of Marana, the Arizona Department of Corrections and the Management & Training Corporation for inmate labor services (Erik Montague) C7 Resolution No. 2014-105 Relating to Municipal Court; approving the reappointment of Sandra Celaya as a civil traffic violation hearing officer for the Marana Municipal Court (Jane Fairall) C8 Resolution No. 2014 -106 Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County, Pinal County and the Town of Marana for the purpose of facilitating cooperation between the parties in the planning, design, and implementation of trail, park, planning and open space projects of mutual interest (Tom Ellis) C9 Approval of Marana Special Council Minutes for October 7, 2014 (Jocelyn C. Bronson) LIQUOR LICENSES L l Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for Acquisition of Control of a Series 12 restaurant liquor license submitted by Fei Cheng on behalf of Sushi Cortaro located at 8225 N. Courtney Page Way 4141, Marana, Arizona 55743. Ms. Bronson stated that the application has been properly posted and reviewed, and staff is recommending approval. Motion to approve by Council Member McGorray, second by Council Member Ziegler. Passed 5 -0. L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a person transfer and location transfer of a series 6 Bar liquor license submitted by Denise Marie Bora on behalf of IIome Plate located at 8579 N. Silverbell Road, Marana, Arizona 55743 (Jocelyn C. Bronson). Item removed. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION October 21, 2014 Meeting Minutes 3 Al PUBLIC HEARING: Ordinance No. 2014.025 Relating to Development; approving a rezoning of approximately 92 acres of land located on both the northeast and north-west corners of Ina and Silverbell Road one mile west of Interstate 10, west of the Santa Cruz River, from. `zone A - Small Lot,' `zone B — Transportation Corridor,' `LI — Light Industrial,' `NC — Neighborhood Commercial,' `VC — Village Commercial,' `R -6 Residential,' `R -10 Residential,' and `R. -36 Residential' to `F' Specific Plan for the purpose of creating the Silverbell Gateway Specific Plan; and approving a minor amendment to the general plan (Cynthia Ross). Mayor Honea opened the public hearing. Presented by Cynthia Ross. There are four separate development areas. It is intended that nearly all of the permitted uses within Silverbell Gateway will be allowed in any of the four development areas unless explicitly stated. She then described the various characteristics in each of the development areas. The Planning Commission held a public hearing in September and voted unanimously to rezone this area. Staff is recommending approval subject to the recommended conditions. She noted that Brian Underwood with the Planning Center is available to answer questions. Mr. Cassidy gave a point of clarification on the 100 -foot height which is a conditional use. There is authority given to each Council Member to require that a conditional use must come before Council for approval which can be done by amending the ordinance relative to that. In response to a question from council Member McGorray, Mr. Cassidy said that a 75 -foot height is permitted by right without a conditional use permit. Anything over that within the 100 -foot area, they would need a CUP. Mayor Honea noted that he wanted the clarification that anything over 75 -feet to go to Planning Commission and Council for approval. The Mayor noted that although it isn't an issue with this project due to an assurance to provide water service, a water wheeling agreement with the City of Tucson should be looked at in the future as a presentation to Council. There were no speakers. The public hearing was closed. Council Member McGorray asked for clarification on the height. Motion by Council Member Bowen to approve the ordinance subject to the recommen de d condition that any building over 75- feet come back to Council far approval, second by Council Member Ziegler. Passed 5 -0. A2 PUBLIC HEARING: ordinance No. 2014.026 Relating to Development; approving a rezoning of approximately 14.7 acres of land located at the southeast corner of Ina Road and Silverbell Road from "R -36 Residential" to "F" Specific Plan for the purpose of establishing the Riverside at Silverbell Specific Plan and approving a minor amendment to the General Plan to amend the land use category from Commercial (C) to Master Plan Area (MPA). Mayor Honea opened the public hearing. Presented by Steven Vasquez. The specific plan encourages a mixed use blends both horizontally and vertically in its built form. There were no speakers, and the Mayor closed the public hearing. Mr. Vasquez then presented an illustrative site plan to give an idea of what the development could look like. Public notice was property done, and there was a neighborhood meeting on September 16. The Planning Commission unanimously recommended approval of the specific plan and the minor general plan amendment on September 24. Staff recommends approval with the 18 conditions outlined in the staff report. He noted that October 21, 2014 Meeting Minutes 4 the ordinance included with the Council packet was missing four conditions — 14 through 18. A revised ordinance showing all 18 conditions was placed on the dais tonight, and staff recommends adoption of the revised ordinance. Mayor Honea asked for comments from the audience. There being none, he closed the public hearing. Motion to approve the revised ordinance with the 18 conditions by Council Member Ziegler, second by Council Member McGorray. .Passed 5 -0. A3 Resolution No. 2014 -107 Relating to Utilities; approving and authorizing the Mayor to execute the intergovernmental agreement with the City of Tucson relating to effluent. Presented by Frank. Cassidy, who noted this is a standard effluent allocation agreement and that normally this item would be on the Consent agenda. What will end up happening is that for any waters of Marana that are treated in a Pima County wastewater plant, the town will now get an allocation of that effluent pursuant to this agreement. In addition, any waters that Marana is obligated to cover the resources for under our water service agreement with Tucson, we also get those credits. In response to a question from Council Member Bowen, Mr. Cassidy noted that this is new. This is not a renewal of a previous agreement. The town started negotiating this agreement I I years ago. One of the main reasons it was never completed was because we were in the wastewater battle, and the City of Tucson was concerned about what would happen if the town ended up owning wastewater plants and ended up treating waters of Tucson. With that up in the air, we could never bring this to fruition. Motion to approve by Council Member Bowen, seconded by Council Member Ziegler. .Passed 5 -0. A4 Resolution No. 2014 -108 Relating to Utilities; approving and authorizing the Mayor to execute the Sunset Ranch Water Service Transfer Agreement with the City of Tucson. Presented by Frank Cassidy. This agreement was drafted initially in 2004. The Sunset Ranch area was right in the middle of a large area served by the City of Tucson. When Marana received the application for Continental Reserve rezoning, the town wanted to serve water to Continental Reserve. So we made a deal with Tucson in which they abandoned their right to serve Continental Reserve, but it more or less orphaned Sunset Ranch. At the time, Sunset Ranch was being served by Tucson, and Tucson wanted to continue serving them. So under the agreement 10 plus years ago, the town's water has been serving Sunset Ranch, but Sunset Ranch have been customers of Tucson Water. The issue was that in 2004, Tucson's water rates were better than Marana's, and we were concerned that doing the flip would bring us serious objections. As time has gone on, the rates are much closer. In response to a question from Council Member Bowen regarding whether Tucson Water has been refunding money to Marana during the time they have been doing the billing while Marana provided the water, Mr. Cassidy stated that the transfer of credits has not been occurring, but the finalization of this agreement encompasses that. Mayor Honea asked who the provider of water is to the homes between Sunset Ranch and Scenic Drive. Mr. Kmiec responded that although that's not part of the town, October 21, 2014 Meeting Minutes 5 Marana Water is the service provider. Motion to a rove b Council Member McGorra PP second b Council Member Zie Passed 5-0. A5 PUBLIC HEARING: Relatin to Annexation; discussion and consideration of an application to annex an approximatel 9.2 acre parcel of propert g enerall y located on the north side of Twin Peaks Road between Tiffan Loop and the Casa Grande Hi (Interstate 10) Ma Honea opened the public hearin Presented b C Ross, who noted that the town's zonin for this propert is Urban Industrial. The propert owner intends to develop this propert for convenience-oriented uses such as g as, hotel, and restaurant as dictated b market conditions. A blank annexation petition was filed with the Pima Count Recorder on September 26, 2014. This public hearin is in conformance with state statutes. Ma Honea closed the public hearin ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council ma vote to g o into executive session, which will not be open to the public, to discuss certain matters. El Executive Session pursuant to A. ..S. § 38-431.03 ( A. }( 3 ) , Council ma ask for discussion or consultation for le advice with the Town Attorne concernin an matter listed on this a FUTURE AGENDA ITEMS Notwithstandin the ma discretion re the items to be placed on the a if three or more Council members re q uest that an item be placed on the a it must be placed on the a for the second re Town Council meetin after the date of the re pursuant to Marana Town Code Section 2-4-2(B ADJOURNMENT. Motion to adjourn (it 7.-51 p.m. b Council Member McGorra second b Council Member Bowen. Passed 5-0. CERTIFICATION I hereb certif that the fore are the true and correct minutes of the Marana Town Council meetin held on October 21, 2014. 1 further certif that a q uorum was present. NN Pcelyn C ( "Oronson, Town Clerk i' October 21, 2014 Meetin Minutes 6 It