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HomeMy WebLinkAbout01/06/2015 Regular Council Meeting Minutest o .ri` • :f cam' •�!.?�. ;:i,�i•J �• ��. M 4 RIZ,o " REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 6, 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 :04 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCEIINVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council .Member Bowen, second by Vice .Mayor Post. Passed unanimously. CALL TO THE PUI3LIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector /document reader. Pursuant to the .Arizona Open Meeting Law, at the January E, 2015 Meeting Minutes 1 conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. Sara Bauer, on behalf of Avra Valley Fire District, spoke regarding the opening of their fourth fire station at Red Rock and invited everyone to attend. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray thanked everyone for their generous outpouring of love and support regarding the passing of her son. It was sincerely appreciated. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted that the Council Executive Report will be available online. PRESENTATIONS CONSENT AGENDA. Motion to approve by Vice Mayor Post, second by Council .Member Bowen. Passed unani'mous y. The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C1 Resolution No. 2015 -001 Relating to Development; Accepting portions of Saguaro Peaks Boulevard and IJidden Saguaro Trail for maintenance (Keith Brann) C2 Resolution No. 2015 -002 Relating to Real Estate; approving and authorizing the Town Manager to execute a District office Lease agreement between the Town of Marana and Representative Ann Kirkpatrick of the U.S. House of Representatives for the period of January 3, 2015 through January 2, 2017 (Jane Fairall) C3 Resolution No. 2015 -003 Relating to Public works; Approving and authorizing the Mayor to execute an intergovernmental agreement with the State of Arizona acting by and through its Department of Transportation for painting ADoT bridges (Scott Leska) January 6, 2015 Meeting Minutes 2 C4 Resolution N 2015 -004 Relating to Technology Services; approving and authorizing the Mayor to execute a Beacon Hill Communications Site Lease Agreement with the Estate of Irene welter and a Beacon Hill Communications Site Sublease Agreement with Simply Bits, LLC; and establishing an effective date (Jane Fairall) C5 Approval of December 2, 2014 Regular Council Meeting Minutes and December 16, 2014 Study Session and Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING [ordinance No. 2015.001 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. Brian Varney presented the staff report. Linda Morales from the Planning Center, representing the applicant, presented the proposal with additional information on the site plan and the conditions negotiated earlier in the day with the Coalition for Sonoran Desert Protection regarding habitat and wildlife corridors. Ms. Morales then introduced Jim Tress, president of Westland Resources, who was involved in the original MCP on the site. Mr. Tress spoke on behalf of the applicant. He gave a brief presentation to address concerns from previous hearings on the effects of the proposed development on wildlife corridors and visual resource impacts to the national park. He noted that the agreement reached with the Coalition today is very compatible with the existing corridor established within the Marana general Plan and open space areas that have been set aside. He then reviewed with Council some slides to provide that context with regard to the adjacent urban landscaped areas to the east and the less developed areas to the west. He addressed the effect of slope. The literature was reviewed with regard to mule deer and he found a number of studies completed at the U of A and at Picacho Peak and other areas that show that mule deer can very regularly use slopes up to 76 percent. The most mule deer found at this site was in the 2550 percent slope. He noted that the project has a bit of history. Westland Resources prepared the first habitat conservation plan when the pygmy owl was listed as an endangered species for this property. The first element of the plan was to provide for the continued operation of the guest ranch and the guest ranch facility. But as a contingency with the Fish and wildlife Service a large lot option to allow for residential development compatible with the pygmy owl if the guest ranch no January 5, 2015 Meeting Minutes 3 longer proved viable. One of the things in this plan is that the clearing envelopes approved by the Fish and wildlife Service went right up to the boundaries like the HCP. In response to public concerns about that, the plan was revised to show what is in the specific plan. He then indicated the 300 -foot boundary and the 150 -foot setback worked out with the Coalition today. It has substantially pulled property away from the wildlife corridor that was established in the General Plan to the benefit of the corridor. He concluded that on this issue the project is very compatible as it has been developed with the Coalition and the developer. Another concern expressed was visual impact to the national park. Mr. Tress then showed representations of every spot within the field of view that can be seen from trails within the project, regardless of whether it's seen one time or 100 times. These are highlighted in yellow. He then proceeded with an analysis of the sensitivity or how much of the site will be seen by putting approximately 700 points along the trails which are set six feet above the ground surface within the proposed development plan. Because of the 20 -foot height limit, he put a 30-foot elevation within the center of each of the lots, evaluated all the pixels within the field of view as to how many points on the trail system can view that particular pixel. From that you can see that the sensitivity from the trails is much less than from the adjacent urban development. This is all driven by terrain coming into or leaving the park. This is not unexpected or surprising to the hiker on the front side of a range to see more existing development that you would walking toward the park. Most of the trail system here has no view of the development. There were no questions from Council. Mayor Honea then called upon those individuals who had presented speaker cards. Donald Heller indicated his continued opposition to the zoning change. Darla Sidles, Superintendent of Saguaro National Park, noted that the Park is less than one -half mile from the proposed development. She made several references to the town's General Plan goals and actions to conserve habitat and specifically the Park and a partnership between the town and the Park to establish lower density levels within one mile of the Park. She stated that the Park has stated their opposition to this development numerous times with little consideration given to their concerns. She also referred to a request made to Council prior to the holidays to be more involved in the project and for reconsideration of the current proposal for more time to work with all of the stakeholders to develop a viable proposal. No response was given by any Council Member. Robert Newtson, Executive Director of the nonprofit Friends of Saguaro National Park. He spoke on behalf of the 2300 members and donors to defer action on the proposal and requested that the developers sit down with the National Park Service to address some of the Park's concerns. His members joined with the Park representatives in expressing their concerns when the project was before the Planning Commission in August. Robert Ferreira, a Tucson area resident since 1958 and from 1978 to 2004, he was a close neighbor to Lazy K Bar Ranch. He spoke on behalf of 11 property owners and others in close proximity to Lazy K. The strong majority of the neighborhood in which Lazy K. is positioned is made up of scenic and protected natural open space and custom homes on 3.3 acre lots or larger. These property owners are not against the development of Lazy K, but it is the amount of homes as January 6, 2015 Meeting Minutes 4 designated by the specific plan that these neighbors are opposed to. They believe a lower density would be more in harmony and compliance with the existing neighborhood. pat Lopez stated that he appreciated the efforts of the Coalition and the efforts of Mattamy Homes and the Planning Center to address concerns of those in opposition to the project. Those people that he represents reluctantly support the compromise that has been worked out by the Coalition, but who remain seriously concerns about what this portends for the future. On his own behalf he asked Council to keep in mind that they are the caretakers for the future of the community, not just Marana. hardy Smith, a property owner east of the development, believes this will be a quality development when it's done. The problem for him is the density in relationship to the rest of the neighborhood. Most properties are 3.3 acres and open space. He echoed the remarks of Mr. Lopez and Ms. Sidles. Ken Scoville noted that he has been involved is historic preservation issues in the "Tucson area for 30 years. He focused first on the buildings on the property. He strongly advocated for the stone building, the original building on the site, to be preserved. If there is any way to save the three casitas, that would be his preference, but at least save one. He believes that both the stone building and the casitas will be a good sales amenity as well as an historical amenity. He is also concerned about building and growth while respecting the environment. This has been an issue is the area for 60 years. His last comment concerned representative government. Barbara Dose asked Council to consider the additional concerns expressed about the proposal. She thanked the town and Mattamy Homes for working with the residents, but she believes more can be done. She referenced her prior work with the town and Lazy K. Bar regarding watershed. She also asked Council to consider the long -term consequences of the proposed project and to act on the wise planning of previous years. She also disputed the project as a "minor amendment" to the specific plan but rather saw it as a major change. She also provided some sections of the HCP for review that directly pertain to the wildlife linkage that Lazy K Bar is located in. She concluded by saying that while it might seem they are on the opposite sides with the town, she believes everyone wants the same thing for the community — clean air, clean water, clean soil, good work, and good education for all. Carolyn Campbell, representing the Coalition for Sonoran Desert Protection, spoke in reference to her many previous conversations with the Council and town staff. The mission of the Coalition is to work piece by piece to protect open space and the environment. She thanked Mattamy Homes for the many meetings they attended with her and for agreeing to the 10 additional conditions that are before Council. She also thanked Linda Morales from the Planning Center for her hard work to incorporate the conditions which have to do with the connectivity from the protected parks and to save and salvage some of the old growth Ironwood forest and saguaros on the north side. This is significantly better than what they've been looking at. If the revised site plan and those 10 conditions are adopted by Council, she is able to support the project. She concluded by saying that she hopes this parcel and its development can be looked at as a transition from the more urban areas of Marana to Saguaro National Park and the White Stallion and other open spaces toward less development. She further asked that the home builders and the owners talk with Saguaro National Park and their concerns. January 6, 2015 Meeting Minutes 5 Mayor Honea closed the public hearing. Council Member Ziegler commented that she and the Council appreciated Carolyn's input over the years. Marana has taken a lot of her research and comments to heart. She also acknowledged the role of the Planning Center in getting the project to this point. Relative to bringing in the National Park for input on the project she hopes the Park Service will be involved in future projects should there be any that impact the Park. She apologized on behalf of the town for any perceived slight; it was not intentional. She thanked everyone for coming together in a mutual discussion. It isn't easy for the Council either. There were no further comments from the Council. Upon motion by Council Member .Ziegler to adopt Ordinance .No. 2015.001 as presented by staff subject to the ten conditions mentioned in Linda Morales' presentation. Second by Vice Mayor Post. Mayor Honea noted that this item requires a supermaj ority vote. Town Clerk Bronson polled the Council. Council Members Bowen, Ziegler, Kai and Vice Mayor Post and Mayor Honea voted in favor. Council Members Comerford and McGorray voted against. Motion failed 5-2. A2 Resolution No. 2015-005 Relating to Strategic Planning; approving and authorizing the implementation of Marana Strategic Plan III. Gilbert Davidson said that he had made line by line modifications based on the input when he last presented the plan to Council. Before Council is a markup of what the final copy will look like. With Council's consideration and approval tonight, staff will begin to publish the document. It will be on the town's website. Hard copies will be available for distribution. Council Member Ziegler asked if the document included the comments from Council. Mr. Davidson said that it did, especially the comment about including the veteran component. Some of the other comments were general in terms of follow-up with certain things. Mayor Honea said that the staff did a phenomenal job putting this strategic plan together. It's something to be proud of; it's how we l ive our life. Vice Mayor Post moved to approve Resolution No. 2015 --005, second by Council Member Ziegler. Passed unanimously. ITEMS FOR DISCUSSIONIPOSSIBLE 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. Mr. Davidson stated that there is nothing yet, but staff will give periodic updates as bills begin moving through the system. Marana will be working with the League of Arizona Cities and Towns, who will be monitoring any impacts to municipal government. We will be paying attention to the state budget and declarations made by incoming members of the legislature and the governor as to how they will be making up budget deficits through various revenue streams that could affect municipal operations. EXECUTIVE SESSIONS Pursuant to A.R.S. § 35- 431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. .January 6, 2015 Meeting Minutes 6 El 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 Council Member Zie if the landscapin project at Sandario and Marana Roads was complete and would a debriefin on that be appropriate. Mr. Davidson responded that not ever is complete due to some of the work that had to be done at McDonald's. There are some minor modifications that still need to be made. Curbin was added to restrict vehicles from bein driven onto the landscapin Overall, it's made a bold statement comin off that exit ramp with the new monument, fencin and landscapin We've g otten a lot of positive comments, and we'll continue to maintain that. If there are wa to expand and improve the overall entrance into the north part of Marana, we'll do that. There was a Council authorization to spend $200K. As part of upcomin bud discussions, we can talk about addin more landscapin to this area and others as well as maintenance costs for next y ear. ADJOURNMENT. Motion to adjourn at 8:09 p.m. b Vice Ma -Post, second b Council Member Bowen. Passed unanimousl CERTIFICATION I hereb certif that the I"ore are the true and correct minutes of the Marana Town Council meetin held on Januar 6, 2015. 1 further certif that a q uorum was present. Jocel Bro Town Clerk V. V A V Januar 6, 2015 Meetin Minutes 7