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HomeMy WebLinkAbout01/20/2015 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 20, 2015 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 7:01 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCEIINVOCATIGNIMOMENT OF SILENCE. Led by Mayor Honea,, APPROVAL OF AGENDA. Motion to approve the agenda as presented by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. CALL TO THE PUBLIC No speaker cards were presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported on the January I 01 Avra Valley /Red Rock Fire Department grand opening, the State of the State address, the 3 rd Annual Marana Police awards ceremony on January 14 " at The Highlands, and his speech at the Marana Middle School awards. Of special January 20, 2015 Meeting Minutes 1 note, Mayor Honea stated that 175 students from that school had a straight "A" average for the first semester. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS No report. PRESENTATIONS CONSENT AGENDA C 1 Resolution No. 2015-006 Relating to Special Events; approving the Town of Marana Signature Event Series consisting of the Star Spangled Spectacular, the Marana Cotton Festival and the Marana Holiday Festival & Christmas Tree Lighting (Vickie Hathaway) C 2 Resolution No. 2015 -007 Relating to the Marana Regional Airport; approving and authorizing the Town Manager to execute Amendment #1 to the Airport Development Reimbursable Grant Agreement for Grant Number E5 S 10 between the State of Arizona by and through the Department of Transportation and the Town of Marana for design and replacement of taxiway and runway guidance signs and lighting (Lisa Shafer) C 3 Resolution No. 2015.008 Relating to Police Department; approving and authorizing the Chief of Police to execute a State and Local HIDTA Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department (Lisa Shafer) C 4 Resolution No. 2015 -009 Relating to Parks and Recreation; approving and authorizing the Mayor to execute an agreement between the Town of Marana and S & S Bluegrass Promotions, LLC regarding the planning, development and presentation of the 2015 Marana Bluegrass Festival (Tom Ellis) C 5 Resolution No. 201.5 -01.0 Relating to Community Development; approving and authorizing Town staff to submit the Town of Marana's updated priority list of proposed bond projects to the Pima County Bond Advisory Committee for consideration for inclusion in future Pima County general obligation bond elections (Lisa Shafer) C 6 Resolution No. 201.5 -011 Relating to Real Property; approving and authorizing the Mayor to execute the Home Plate Easement Exchange Agreement with B and J Sports, LLC, for the exchange of easements on property located about 500 feet east of the intersection of Silverbell and Continental Reserve Loop /Coachline Boulevard (Frank Cassidy) January 20, 2015 Meeting Minutes 2 C 7 Resolution No. 2015 -01.2 Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement with the City of Tucson for participation in the Regional Transportation Data Network Communication System (Scott Leska) C 8 Approval of January 6, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) Motion to approve cis presented by Vice Mayor Post, second by Council .Member Ziegler. Passed unanimously. LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a Person Transfer and a Location Transfer of a Series 7 Beer and Wine Bar liquor license submitted by Jared Michael Repinski on behalf of Holiday Inn Express located at 5373 N. Cracker Barrel Road, Tucson, Arizona 85743. Ms. Bronson presented this item, noting that the application had been properly reviewed internally, posted for the general public, and that no protests were received. Staff recommends approval. Motion to approve as presented by Council Member Ziegler, second by Council Member Bowen. Passed unanimously. BOARDS, COMMISSIONS AND COMMIT'T`EES COUNCIL ACTION A 1 PUBLIC BEARING: Ordinance No. 2015.002 Relating to Development; approving a rezoning of approximately 3.2 acres of land located on the southeast corner of the Twin Peaks Road and Tangerine Road intersection from "C" (Large Lot Zone) to "NC" (Neighborhood Commercial) Vice Mayor Post declared a conflict of interest and left the dais. Mayor Honea opened the public hearing. Stave Chesiak from the planning department presented the item. There were no speaker cards presented. Mayor Honea closed the public hearing and asked for questions from the Council. There were no questions, and Council Member Ziegler moved to approve the ordinance as presented, seconded by Council Member Bowen. Passed 6 -0. A 2 PUBLIC HEARING: Ordinance No. 201.5.003 Relating to Development; amending Marana ordinance No. 2002.19, which rezoned approximately 61.2 acres of land located on the west side of Silverbell Road, south of Ina Road froze. Zone R -144 to R-16, by increasing the maximum number of residential units from 41 to 56, increasing the total site disturbance from 30% to 37 %, and making various other modifications. Mayor Honea opened the public hearing. Presented by Cynthia Ross, who also noted that 18 protests were received which does not January 20, 2015 Meeting Minutes 3 constitute the need for a supernaj ority vote. Frank Cassidy interjected that there is a change to condition #17 as printed for signature was further modified regarding the 10,000 square foot maximum grading envelope, and he would explain the modifications later in the presentation. Brian Underwood from the Planning Center then presented context regarding the site before proceeding into the several conditions. He noted the various zonings in each quadrant of the project. Next he reviewed the first revision to the tentative development plan that was completed. This was reviewed at a neighborhood meeting to get feedback from the surrounding neighbors. Feedback was received regarding the impact of the development on wildlife and whether the washes would be able to serve as viable wildlife corridors in the future after development. His group reconfigured the site to open up the washes as much as possible, noting that this was the plan presented to the Planning Commission last month. Another change was the reconfiguration of the loop road to bring it over 300 feet away from the wash along Silverbell Road. After Planning Commission, two lots were eliminated and internalized to the site. Another neighborhood meeting was then held and concerns were expressed about privacy. That feedback was taken into consideration and another plan was devised over the weekend. The setback was also increased on the western boundary to 100 feet, so now all homes and the roadway are well beyond 100 feet. Two -story homes were clustered north of the power easement, so that no two - story homes are south of that easement. There will be a total of 14 two -story homes or 25% of the proposed 56 homes. All single -story homes have been limited to 25 feet. He also showed an exhibit of a site line over two lots 41 and 15 to show the minimum impact on view sheds once the development is fully built out. Mr. Underwood further noted the proposed density with the existing development on another exhibit, with 11 acres of open space set aside as well as buffers along the west and southern boundaries. Several restrictions have been added regarding access to the open space in addition to the conditions which staff previously explained. He concluded his remarks with a request for approval of the zoning and additional conditions. Mayor Honea opened the discussion to those presenting speaker cards. Carolyn Campbell from the Coalition for Sonoran Desert Protection spoke in support of the change of conditions as presented. The Coalition also submitted a letter to Council which each Council Member received. Marcia Lincoln spoke, who stated she will be directly impacted by the development. victor Ong spoke regarding density. ,Tim Danhof would like the density back to 41 lots. He would also like a 15- foot wall separating his property from the development. Carol Klamerus expressed concerns that she doesn't really know anything about the property only. The neighbors have only dealt with The Planning Center. Chuck Dugan spoke and stated he is not technically part of the impacted parties. He also spoke regarding density. Helen Wilson presented a map showing the five SR lots her family owns. She also showed wildlife photos she has taken over the last four years. She asked for guarantees that the open space remains regardless of who owns the land. Fred Oust spoke and thanked The Planning Center for the setback changes on the current plan, with a couple of exceptions. He is also concerned that there will be no guarantees regarding the conditions if the developer changes again. Marsha Troutman said she hoped the deed January 20, 2015 Meeting Minutes 4 restrictions continue with the open space regardless of who owns the property. Mars Burnell noted that highest and best use is driving the development of the property. Staying with 41 lots, he urged Council and the developer to attract a buyer who will not only appreciate the location, but will eliminate the problem with CC &R's by making the lots freehold rather than fee simple. There were no further speakers, and Mayor Honea closed the public hearing and asked Mr. Cassidy if he wanted to make a clarification. Frank Cassidy then pointed out several revisions to the conditions in Mr. Underwood's presentation that weren't reflected in the conditions in the Council packet. He then reviewed the additional changes beginning with condition 417 regarding the maximum grading envelope; #2 refers to a different tentative development plan; #9 removes the parenthetical statement which refers to specific lots, a change to # 16 relating to one and two -story homes and height restrictions; #20 changes the southern boundary buffer to 120 feet; #21 changes the western buffer to 100 feet; and #3 0, conforming lot numbers that are on the new development plan. Also, conditions #2 and #9 now refer to the new development plan. Council Member McGorray asked about guarantees to run with land. Is there clear law if the property owners change? Mr. Cassidy responded that several of the conditions have requirements that they be placed in the conditions, covenants and restrictions (CC&R's) to run with the land. It's not clear who is enforcing the restrictions. Short of the CC &R's and enforceability by neighbors, which many developers won't agree to because it gives them a life of their own, there's a right to petition your government for a change in your requirements. If there are CC &R's that are separately enforceable by the neighbors no matter what Council does, the neighbors would be able to enforce that. To that, he cited the case of Goodman case from the Superior Court of Arizona which says that enforceability will be in place for the life of the CC &R's. Council Member Ziegler addressed the issue of the three maps presented to Council and which maps were which. She asked for a copy of the map that Mr. Underwood used to present the latest changes and also requested that any future maps be given to Council as soon as possible when available. Council Member Bowen addressed Mr. Cassidy about the deed restrictions mentioned by a couple of speakers. He asked for clarification on that and the impact of deed restrictions. Mr. Cassidy responded that deed restrictions and CC &R's are essentially the same, but the natural and undisturbed open space referenced in condition #31 requires that all of the natural and undisturbed open space set asides be protected in the deed restrictions — the CC &R's. So it is covered, although the one thing he mentioned previously is that there is no language in it as to who gets to enforce that. Council Member Bowen asked if there will be a homeowners' association or CC &R's or an enforceable document besides the agreement with The Planning Center. Mr. Cassidy stated that there will be CC &R's that are enforceable by the people inside the neighborhood, and their homeowners' association typically will end up owning the rights associated with the actual undisturbed open spaces. So the 200 -foot corridor along the wash and the undisturbed open space along the west and the south can be enforced. Council Member Bowen asked if Council could ask that there be No Trespassing signs placed in those January 20, 2015 Meeting Minutes 5 open areas? Mr. Cassidy responded that that is in the conditions added by the Planning Commission. He also emphasized that he had not seen the new site plan before this meeting. .emotion by Council Member Comerford to adopt Ordinance No. 20.15.003, the InalS'ilverbell change of conditions, subject to the recommended conditions, including those made tonight b The Planning Center, #2 - new development plan, #9 - no more than 56 lots, #16 two -story versus one - story, #17 - 10, 000 foot disturbance, #20 - 120 -foot setback, #23-100 -foot setback, and #30 lot numbers to follow as stated in the new exhibit. Second by Council Member Bowen. Passed unanimously. A 3 Ordinance No. 2015.004 Relating to Utilities; amending Town Code Title 14 (Utilities) by adding Chapter 14 -10 (Industrial wastewater ordinance) Resolution No. 2015 -013 Relating to Utilities; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding Chapter 14 -10 (Industrial wastewater ordinance). Presented by Frank Cassidy, noting that federal law does not require operators of wastewater systems that have less than five million gallons a day to have these standards. And this part of the system when it was owned by the County had this already, but it's a best management practice. Staff looked a lot of different ordinances throughout the state, and the concern we had was that since the south part of the town is still operated by Pima County and operates under these rules, that it makes sense for us to have the sane requirements. So the industrial wastewater regulations proposed today are essentially the same as those for Pima County. There are a couple of minor variations such as dentists get a free ride in the County, but they don't with the town. Motion to approve Ordinance No. 2015.004 and Resolution No. 2015 -013 by Tice Mayor Post, second by Council Member Ziegler. Passed unanimously. ITEMS FOR DISCUS SIONII'OSSIBLE ACTION 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 the other governmental bodies. Presented by Gilbert Davidson who stated that the Governor has released the proposed budget for the next fiscal year. There are a number of things that have potential impact to the town and other cities and towns across Arizona. First is the continuation of the Highway User Revenue Fund sweeps that will be going to the Department of Public Safety that reduces the amount of money available for maintenance of roads and other infrastructure. The Arizona Department of Revenue will be authorized to collect $14.1 M from cities and towns to help support their operation. That would be an additional tax per resident that is part of the fee calculation that we would have to pay. There are some changes within the January 20, 2015 Meeting Minutes 6 a bud that could have impact — the Arizona Department of Water Resources, the Commerce Authorit of about $100M, and the State Aviation Fund of about $15M. So we continue to monitor and will keep Council apprised as thin pro We don't have a full list of bills that are bein introduced. Council Member Zie said she could provide a list of House bills. 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. Executive Session pursuant to A.R.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 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 ADJOURNMENT. Upon motion b Vice Ma Post, second b Council Member McGorra the meetin adjourned at 5:17 p.m. Passed unanimousl CERTIFICATION I hereb certif that the fore are the true and correct minutes of the Marana Town Council meetin held on Januar 20, 2015. 1 further certif that a q uorum was present. ce l ronson, Town Clerk �2 1Z ON� 7 7 Januar 20, 2015 Meetin Minutes