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HomeMy WebLinkAbout12/05/2006 Regular Council Meeting Minutes MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 5,2006 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Present Present Present Present Present Present STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Deputy Town Manager Assistant Town Manager Town Attorney Town Clerk Present Present Present Present Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. c. APPROVAL OF AGENDA Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, the agenda was unanimously approved. D. CALL TO THE PUBLIC Mr. Brad DeSpain addressed Council and stated that as of Monday the Town will get one megawatt of Parker Davis hydropower. E. PRESENTATIONS 1. ANNOUNCEMENTS 2. INTRODUCTIONS 3. PROCLAMATIONS/UPDATES F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Escobedo gave a report on the tree lighting ceremony and congratulated Sandy Groseclose for doing a wonderful job in putting the event together. Council Member McGorray wanted to remind everyone to remember the Food Bank during the holiday season. Tomorrow from 9:30-12:00 there will be an open house. 1 MINUTES OF REGULAR COUNCIL MEETING MARAN A MUNICIPAL COMPLEX DATE: December 5, 2006 Mayor Honea invited everyone to the ground breaking for the Wheeler Taft Abbett Library on December ih at 10:00. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Reuwsaat addressed Council and stated two presentations were made in San Francisco and we should be receiving a report that will give us a rating on the bonds to help us in the market. Wednesday of the following week they will go on the market to be sold. Mr. Davidson addressed Council and stated staff will be moving forward with the Tangerine interchange landscaping improvement project. This will entail decorative rock, boulders, trees, and a new paint job on the overpass. It will begin the end of December with completion by the end of January or first part of February. Mr. DeGrood addressed Council and stated a preliminary notice was given to Hunter Contracting for the construction of Tangerine Farms Road. We will be giving a formal final notice to proceed once the bonds close, which is expected at the end of the year. H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2006-194: Relating to Liquor Licenses; consideration of recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Stephanie Lynn Marinelli on behalf of Roma Caffe Ristorante Italiano, located at 4140 W. Ina Road, #184 (Jocelyn Bronson) 2. Resolution No. 2006-195: Relating to Infrastructure; approving acceptance of public improvements for maintenance on portions of Tangerine Road, Thornydale Road and Camino de Manana, constructed as part of the Skyranch subdivision (Aaron Suko) 3. Relating to Personnel: Requests for additional personnel in the Public Works Department (Regina Fleming) 4. Resolution No. 2006-196: Relating to Relating to Water; ratifying the Manager's execution of a Joint Defense Agreement with Cortaro-Marana Irrigation District and Cortaro Water Users Association to protect attorney/client and work product privileges in connection with water rights discussions under the Gila River Adjudication (Frank Cassidy) 5. Minutes of the October 20, 2006 joint study session, the November 7, 2006 regular meeting, and the November 14, 2006 special meeting. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 5, 2006 Upon motion by Council Member Escobedo, seconded by Council Member Allen, the consent agenda was unanimously approved. J. COUNCIL ACTION 1. a. PUBLIC HEARING. Ordinance No. 2006.23: Relating to Development; approving and authorizing a rezoning of 1227 acres of land from "F" (Acacia Hills specific plan and Northgate specific plan) and 227 acres of "C" large lot zone to zone "F," creating the Cascada specific plan (Barbara Berlin) Ms. Berlin addressed Council and stated that there are a couple of key differences between the existing entitlements and the proposed specific plan. The original adopted specific plans called for between seven and ten thousand dwelling units with a growth density of over seven units per acre. The Cascada plan would limit to 3800 units for a gross density of2.6 per acre. The open space in the Cascada plan is significantly increased over what was allotted in either ofthe previous plans and more specifically will designate as natural undisturbed open space two parcels identified for pigmy owl mitigation. Ms. Cheryl Hall addressed Council and stated she is representing the applicant, Red Point Development. At this time, Red Point Development is not prepared to move forward with the Cascada specific plan and asked for a continuance. She stated they have not been able to come to terms on a development agreement. There have been a lot of changes. One being they have acquired the out parcels. Due to changes in the market and our ability to amend those out parcels into the plan we wish to request a continuance so they may do so. Mr. Cassidy addressed Council and stated that the Governor has not yet signed the proclamation of the canvas which means Proposition 207 is not in effect at this moment and so he urged going ahead, not withstanding the request of the applicant. This has been fully noticed for a hearing, so he recommended adopting the Cascada specific plan at this time. Mr. Reuwsaat stated he concurred with Mr. Cassidy's recommendation. He stated we could bring back the out parcels in an amendment to the specific plan. Upon motion by Council Member Comerford, seconded by Council Member Blake, Ordinance No. 2006.23 was approved 6-0. (Vice Mayor Kai declared a conflict of interest and did not vote.) b. Resolution No. 2006-197; Relating to Development; approving and authorizing the execution of the Cascada Specific Plan Development Agreement (Barbara Berlin and Frank Cassidy) Mr. Cassidy addressed Council and stated there had been some concern and criticism of the development agreement from the County that we might somehow review the plan using County regulations. We have been assuring the developer 3 MINUTES OF REGULAR COUNCIL MEETING MARAN A MUNICIPAL COMPLEX DATE: December 5, 2006 that the project would be reviewed and approved based on polices and procedures of the Town of Marana and that is what the development agreement says. He asked that if a motion approving the resolution was made that it include that the development agreement may be modified so that the actual title owners of the property be included. Also to include any language necessary to give the developer comfort that we will in fact be reviewing this using Town rules and regulations. Ms. Hall asked Mr. Cassidy when the revised language would go into the DA. Mr. Cassidy stated it could be done within the next couple of days. Ms. Hall asked if a time limit could be set to come to an agreement. Mr. Cassidy stated he didn't think it would be necessary. Upon motion by Council Member Comerford, seconded by Council Member Allen, Resolution No. 2006-197 was approved 6-0. (Vice Mayor Kai declared a conflict of interest and did not vote.) c. Resolution No. 2006-198: Relating to Development; cancelling the December 12, 2006, public hearing to down-zone the Acacia Hills Specific Plan and the Northgate Specific Plan to the extent they apply to property rezoned as part of the Cascada Specific Plan (Ordinance No. 2006.23) (Frank Cassidy) Vice Mayor Kai declared conflict of interest on items 1. a. b. c. Upon motion by Council Member Escobedo, second by Council Member McGorray, Council voted unanimously to go into Executive Session at 7:07 p.m. for discussion on Cascada and Foothills. Mr. Cassidy clarified for the public that Council was going to get legal advice; discussion on the items will occur in the public meeting. Council returned to open session at 7:27 p.m. Mr. Cassidy stated there is no need to move forward with any down-zoning as had been previously noticed for next week. Mr. Cassidy asked for adoption ofthe resolution so that there is not even a hearing. It is a showing of good faith that by taking the action with the Cascada Plan we are not going to go any further with respect to this property. Upon motion by Council Member McGorray, seconded by Council Member Comerford, Resolution No. 2006-198 was approved 6-0. 2. a. Resolution No. 2006-199: Relating to Development; approving and authorizing the Mayor to execute a development agreement with Tapestry 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 5,2006 Properties III, L.L.C., regarding the Foothills development project (Frank Cassidy) Mr. Cassidy addressed Council and stated by agreement with the property owner disturbance is restricted to 40 percent. Under the original Foothills Specific Plan there was no disturbance limitation. It significantly reduces the total number of units on the property. Mr. Cassidy stated he appreciated Mr. Racy's efforts in bringing this agreement to Council and also the property owners' efforts in working this out. Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, Resolution No. 2006-199 was unanimously approved. b. Resolution No. 2006-200: Relating to Development; cancelling the public hearings to down-zone the Foothills Specific Plan (Frank Cassidy) Mr. Cassidy addressed Council and stated as with item c under Cascada actions would simply cancel the down zoning hearings since we have now reached agreement with the property owner as set forth in the previous action. Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, Resolution No. 2006-200 was unanimously approved. 3. Resolution No. 2006-201: Relating to Development; approving and authorizing a preliminary block plat for Sanders Grove (Barbara Berlin) Mr. Kish addressed Council and stated applicant is requesting approval of a preliminary block plat of the land comprising of the Sanders Grove specific plan consisting of 33 blocks for residential, one block for commercial and one block of open space. The subdivision is approximately 835 acres and generally located on the north side of Marana Road between Wentz and Sanders and south of Hardin Road. Proposed use of the property will be consistent with the specific plan, predominantly residential, approximately 79 acres of open space, 18.2 acres of commercial development on the southeast comer of the project and a potential school site within the development, and a 20-acre neighborhood park in the north portion along 1-10. Direct access is provided from Marana Road to the south, Sanders Road to the east, Wentz road to the west and the frontage road on the northeast. An internal loop street serves the project and connects Marana Road with Sanders Road. Upon motion by Council Member Blake, seconded by Council Member Allen, Resolution No. 2006-201 was unanimously approved. 4. Resolution No. 2006-202: Relating to Development; approving and authorizing a preliminary plat for Gladden Farms Block 16 (Barbara Berlin) Mr. Kish addressed Council and stated applicant is requesting approval of a preliminary plat of an 89 lot single family detached home subdivision on 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 5, 2006 approximately 22.2 acres within Gladden Farms development. The proposed subdivision with be located in Block 16 at the northeast of Tangerine Farms Road between Gladden Farms Drive and Lon Adams Road. The zoning for Block 16 is R-7. Minimum lot size within this project is 7011 sq. ft. located on Lot 21 with an average lot size of 7901. The project will have one access off of Tangerine Farms Road and will internally connect to Block 9 at the northwest. Upon motion Council Member Escobedo, seconded by Council Member Allen, Resolution No. 2006-202 was unanimously approved. 5. a. Ordinance No. 2006.33: Relating to Building; adopting by reference the 2006 International Building Code, the 2006 International Residential Code, the 2006 International Mechanical Code, the 2006 International Property Maintenance Code, the 2006 International Energy Conservation Code, and the 2005 National Electric Code; conditionally adopting by reference the 2006 International Plumbing Code; adopting local amendments to the foregoing codes; adopting the 2006 Marana Pool and Spa Code; amending Marana Town Code Title 7 by revising Section 7-1-2; and providing an effective date (Frank Cassidy) Mr. Jack Holden addressed Council and stated every three years they publish new codes. We will be adopting for the first time an International Energy Code. We will be adopting the International Plumbing Code. We've amended our pool code to take out all references to Pima County and the City of Tucson. The ordinance will go into effect January 5th, but there will be an overlapping six month period where applicants can use either new or existing code. Mayor Honea asked Mr. Cassidy ifthey could act on both issues at the same time. Mr. Cassidy stated they could act on both the Ordinance and the Resolution. b. Resolution No. 2006-203: Relating to Building; declaring the 2006 International Building Code, the 2006 International Residential Code, the 2006 International Mechanical Code, the 2006 International Plumbing Code, the 2006 International Property Maintenance Code, the 2006 International Energy Conservation Code, the 2005 National Electric Code, the local amendments to the foregoing codes, and the 2006 Marana Pool and Spa Code as public records filed with the Town Clerk; and declaring an emergency (Frank Cassidy) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Ordinance No. 2006.33 and Resolution No. 2006-203 were unanimously approved. 6. Resolution No. 2006-204: Relating to Administration; directing and authorizing the Town Manager and staff to cancel public hearings if the purpose for them becomes moot by reason of the Governor's issuance of a 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 5, 2006 proclamation concerning the canvass of the November 7, 2006 election (Frank Cassidy) Mr. Cassidy addressed Council and stated if the Governor does issue the proclamation before the public hearings that have been set on Monday and Tuesday next week there is no reason to go forward with them, so this item authorizes the Manager to cancel those hearings. Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, Resolution No. 2006-204 was unanimously approved. K. BOARDS. COMMISSIONS AND COMMITTEES 1. Resolution No. 2006-205: Relating to Community Facilities Districts; approving and authorizing the appointments of Gary Davidson, John Soper and Joe Reilly to the Red Hawk Canyon Community Facilities District No.2 (Jocelyn Bronson) Ms. Bronson addressed Council and stated this is a fairly standard re-appoint request. The district manager of the Red Hawk Canyon Community Facilities is petitioning Council to approve re-appoint of Gary Davidson, John Soper, and Joe Reilly to the Board. Their terms are set to expire in January, 2007. Upon motion by Council Member Allen, seconded by Council Member Blake, Resolution No. 2006-205 was unanimously approved. L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSIONS Council reconvened from Executive Session at 8:37. 1. Executive Session pursuant to A.R.S. ~ 38-431.03(A)(4) for discussion with and direction to the Town Attorney regarding proposed settlement of threatened litigation with Stewart Title and Trust as Trustee under Trust No. 1943, concerning archeological mitigation for the Villas at Sombrero Peak (Frank Cassidy) 2. Resolution No. 2006-206: Relating to Development; approving and authorizing the Mayor to execute a settlement agreement with Stewart Title and Trust as Trustee under Trust No. 1943 concerning archeological mitigation for The Villas at Sombrero Peak (Frank Cassidy) Mr. Cassidy clarified that the resolution authorizes all acts necessary to carry out the resolution, one of which is to enter the property. In speaking with the current property owner, the right of entry does include the standard provision that any personal injuries obtained or caused there are our own responsibility. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 5, 2006 Council Member Comerford moved, seconded by Council Member Blake, to approve Resolution No. 2006-206. The motion failed 4-3. (Vice Mayor Kai, Council Members Escobedo, McGorray and Allen dissenting.) N. FUTURE AGENDA ITEMS O. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Council voted unanimously to adjourn. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 5; 2006. I further certify that a quorum was present. 8