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HomeMy WebLinkAbout03-15-2016 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 15, 2016 at or after 7 :00 PM Ed Honea, Mayor Jon Post, 'Nice 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. Council Member Kai was excused. There was a quorum present. PLEDGE OF ALLEOIANCEIINVOCATIONIMOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to apl)rore by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 6-0. CALL TO THE PUBLIC, Ken Bennett, candidate for Congressional District I addressed Council and noted that he would be in the 'Tucson area regularly over the next several months. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS, Council Member McOorray noted that there was a good turnout for the Founders' Day event. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson noted that the town had received a Cornerstone award recognizing the great work of managing the March 15, 2016 Meeting Minutes 1 development services processes with the business community, specifically regarding the new outlet mall. PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member Ziegler, second by Council Member Mc G'or"r ay. Passed unanimously 6-0. 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. C 1 Resolution No. 2016-025 Relating to Parks and Recreation; Approving and authorizing the Town Manager to submit an application for an Arizona State Parks motorized and non- motorized program grant for the Development of the Central Arizona Project Trailhead; and authorizing the expenditure of Town of Marana matching funds in connection with the application (Lisa Shafer) C2 resolution No. 2016.026 Relating to Real Property; approving and authorizing the Mayor to execute the Town of Marana Lease Assignment with Landlord Consent, consenting to the assignment by Christopher & Stacy Sullivan DBA C&S Calves to SG Farms L. L. C, of the lease of approximately 22.8 8 acres of Town -owned property abutting the north boundary of the Marana wastewater Reclamation Facility (Frank Cassidy) C3 Resolution No. 2016-027 Relating to Development; approving a final plat for Los Saguaros at Dove Mountain, Lots 134 -239 and Common Areas "A." (Private Streets), "B" (open Space), "C" (Open Space /Drainage) and "D" (open Space /Public Sewer) located south of Dove Mountain Boulevard and east of Saguaro Forest Drive (Steven Cheslak) C4 Resolution No. 2016 -028 Relating to Development; approving a release of assurances for San Lucas Bloch 7 and accepting public improvements for maintenance (Keith Brann) C5 .Approval of March 1, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L l Relating to Liquor .Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Rick A. Mc.Atee on behalf of the Marana Foundation for Educational Excellence for the wet Pool Party event to be held on .April 9, 2016 (Jocelyn C. Bronson). Presented by Ms. Bronson who noted that the application had been properly reviewed, and staff is recommending approve. Motion to alal)ro ve by Vice Mayor Past, second by Council. Member Ziegler. Passed unanimously 6 -0. March 15, 2016 Meeting Minutes BOARDS, COMMISSIONS AND COMM:ITTLLS 131 Relating to Boards, Commissions and Committees; selecting three potential topics for the Spring 2016 Marana Citizens' for (Joce C. Bronson). Ms. Bronson noted that she and Heath Vescovi have facilitated this program for the past two years and with tonight's selection of topics, they will begin the next session on March 16. Mr. Vescovi presented the six topics and asked Council to choose their top three topics for presentation to the Forum. delegates. Mayor Ilonea asked how the topics were chosen. Mr. Vescovi stated that some were recycled from previous sessions, some were solicited from staff and from the delegates themselves. Ms. Bronson will tabulate the votes and announce the topics. COUNCIL ACTION Al PUBLIC HEARING: Resolution No. 2016 -029 Relating to Development; approving; a conditional use permit to allow the development of a new wireless communication facility at the Continental Reserve Park, 8568 North Continental Reserve Loop. Brian Varney presented the item by noting that the application is from T- Mobile Communications. He further noted that the Council doesn't usually hear requests for conditional use permits except when it involves the construction of a new tower. The Planning Commission heard this request on February 24, 2016, recommending approval and unanimously recommending that the Council do the same. T- Mobile had an option to develop the site pending approval of the permit and has chosen to do so. It will be a 70 -foot tower, camouflaged as a palm tree otherwise known as a monopalm. The antenna and array will be concealed by the foliage. The pole will be an artificial trunk. The equipment will be enclosed within an 8 -foot wall to match the existing enclosure for the water tank facility. Two real palm trees of about 25 -30 feet in height will be planted in proximity to the monopalm to lend some realistic context to the site. The trees will grow to about 45- 65feet high but will not obscure the monopalm from Silverbell Road. Staff is recommending approval and consideration of the recommended findings of fact and conditions recommended by staff. Mayor Honea noted that there is a similar situation at H artman and Linda Vista, but the artificial tree is not nearly as tall as this one. what is gained by having the two smaller palms. Mr. Varney noted that these trees will be 25 feet when planted and could get to 45 -65 feet when fully mature. Mayor Honea noted that he was not against cell towers, but this tower is much taller than what we have done with the palms previously, and it will tape a long time before they reach maturity. I �e asked if there had been discussions with anyone in the neighborhood. Mr. Varney responded that a neighborhood meeting was held by the applicant. Two people came to the meeting, both from the same household who reside across Silverbell. Their concerns pertained to the potential health hazards given the proximity to the school. They were informed that the site is well within the parameters of what the FCC allows for safety. The neighbors commented that they liked the fact it was a palm tree and not Just a regular monopalm. According to the applicants, those were the only comments pertaining to the site. Council Member Ziegler stated that she's not opposed to cell towers, but she is opposed to them in Continental Ranch, and has voted against them for the last ten years and will vote against this one, too. Also, she doesn't like the height of the tower. She probably would support it if it was shorter, but it probably wouldn't do T- Mobile any good if it's too short. Council Member McCorray noted that there March 15, 2016 Meeting Minutes was a fuss about a tower over by Hardy (sic) Hartman Road about five years ago, and they did plant two smaller trees next to the monopalm, Driving by it the other day, she said they just blend in now. Mr. Varney confirmed that the location of the tower is on town property, not school property. Council Member Bowen asked if there would be guy wires attached because of the height, and Mr. Varney stated that there would be no guy wires. Mayor Honea noted that he neglected to open the public hearing, which he then did. Mayor Honea then closed the public hearing when no speakers were presented. Vice Mayor Post moved to adopt Resolution No. 2016-029, seconded by Council Member Bowen. Passed 4 -2 with Council Member Ziegler and Mayor Honea voting nay. A2 PUBLIC HEARING: Relating to Annexation; discussion and consideration of annexation of approximately 8.4 acres of property generally located near the southeast corner of Twin Pears Road and Tiffany Loop. Cynthia Ross presented this item, noting that the property is within the town's general planning area. Mayor Honea announced the public hearing was open. Ms. Ross continued by stating that the owner of the property being annexed was the successful bidder at the town's auction of the Dong remnant, and approximately 2.1 acre remnant of land between this annexation and the I -10 frontage road. The remnant auction included a condition that if the remnant was purchased by an adjacent property owner, the town would not deed the property to the successful bidder until the adjacent property is annexed into the town limits. Staff is waiting until this annexation is finalized before completing the sale of the bong remnant to the owner of the Pioneer Landscaping materials annexation area. The proposed annexation is comprised of three parcels that total 8.4 acres. Each of the parcels has different Pima County zoning classifications. The western parcel is zoned RH for rural homestead. This will translate to Marana's rural development zone. The middle parcel has two Pima County zonings — rural homestead and the general business zone located in the far northeast corner of the parcel. The rural homestead zone will translate to Marana's rural development zone, and the general business zone will translate to Marana's village commercial zone. The eastern parcel is zoned general industrial and will translate to Marana's heavy industrial zone. A blank annexation petition was filed with the Pima County Recorder's Office on February 19, 2016. This public hearing is mandated by state law which requires the town to hold a public hearing on the annexation not less than 20 nor more than 30 days after the filing of the blank annexation petition. There were no comments from the public. Mayor Honea declared the public hearing closed. No action was necessary. A3 Relating to Utilities; Approving and authorizing Town staff to pursue a treatment plant approach and capacity expansion of the Marana water Reclamation Facility (John Kmiec). Gilbert Davidson presented on behalf of Mr. Kmiec. He noted that from the study session last week, staff has laid out four different options, and with the input from last week are Option I and Option 2. Option 2 is the same as Option I but a slighter smaller version. He asked if there were additional questions. There are a number of time frames to meet to make the plant operational to meet the projected growth. Council He fiber 1Mepniber Comerford moved to approve Option 1, second by Council 1Menzber Ziegler: Passed unanimously 6-0. A4 Resolution No. 2016 -030 Relating to Public works; approving and authorizing the Town Engineer to execute an Acquisition Agreement & Administrative Settlement and all other March 15, 2016 Meeting Minutes 4 documentation necessary for the purchase of property rights needed from Tangerine Investors Limited Partnership for the "Tangerine Corridor /Tangerine Road, Twin Peaks to La Caflada Drive, Town of Marana Project No. ST021. Frank Cassidy presented this item as one of the acquisitions that exceeds the staff ,s authority to approve because it's higher than the appraised price. There is an executive session for this item on tonight's agenda if Council would like more explanation for the basis of the negotiation. The numbers are in the agreement which is in the Council materials. Council Member Bowen stated the $117K+ price is a not to exceed price. He asked if there was an amount offered that was countered. Mr. Cassidy indicated that there was. The price now is $113K that the property owner would get. $89K was the original appraisal. One of the key questions was whether or not the take caused the loss of a home site. There were clearly two home sites in the before condition. The take took it below the minimum lot size for two. We thought we could still get a variance from Oro Valley to allow two, but our appraiser came back to us and said that even with a variance, because of site conditions — there's a wash that affects the property — you will lose a home site. So the question became what is the value of a home site. Motion to al)pro ve by Council Member Bowen, second by Council Member McGorra Passed unanimously 6-0. ITEMS FOR DISCUSSION /1 "OSSII3EE 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 the other governmental bodies. Gilbert :Davidson noted two bills for highlight. The First of HB 2483, the municipal population estimates bill, also known as the census bill, passed out of Senate Appropriations and is on its way to the Senate and then to the Governor for signature. HB 2391, the water infrastructure bill we have been following, would have impacts related to how we use impact fees and fees for acquisition for water or wastewater utility systems. The League has been very concerned about this as well as cities around the state. It has passed out of the Senate water & Energy Committee, but it has not been scheduled for any further committees at this point. As the legislature begins to wrap up, with bills moving through either house and talk of the budget process, it is possible that some of these things don't make it all the way to the finish line. We are hopeful that this will stall out at some point. EXECUTIVE SESSIONS El Executive Session pursuant to A.R.S. §38-431,03 ( Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E2 Execrative session pursuant to A.R.S. § 38- 431.03(A)(4) and (7) to discuss with the Town's attorneys and representatives the terms of a proposed purchase of Tangerine Road right- of-way from Tangerine Investors Limited Partnership (this item relates to and should occur before Council Action item A4 on tonight's agenda) FUTURE .AGENDA ITEMS March 15, 2016 Meeting Minutes Ms. Bronson g ave the results of the Forum topic choices related to item B 1. The top three choices that will be presented to the Forum dele on March 16 are ( 1) A+ education; ( 2 ) Get Out the Vote! and (3) Development Services Process Improvement Initiative. ADJOURNMENT. Upon motion b Council Member Bowen, second b Council Member McGorra Council adjourned at 7:38 p.m. Passed unanimousl 6-0. CERT-IFICATION I hereb certif that the fore are the true and correct minutes of the Marana Town Council meetin held on March 15, 2016. 1 further certif that a q uorum was present. cel C. ronson, Town Clerk Z N -4 t ru 7 7 March IS, 2016 Meetin Minutes