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HomeMy WebLinkAbout08-02-2016 Regular Council Meeting MinutesMAR ANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 2, 2016, 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 FALL 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 ALLEGIANCEIINVOCATIONIMOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. .Motion to approve by Council Member .Ziegler, second by Council Member Bojven. Passed unanimously 7-0. CALL TO THE PUBLIC. David Morales announced that there would be a golf tournament to support Chapter 4 of the Marana DAV (Disabled American Veterans). The tournament will be September 24, 2016 at The Highlands at Dove Mountain, beginning at 8:00 a.m. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. No reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Gilbert Davidson announced that the July Executive Report highlighting development activity is available at the dais and online. August 2, 2016 Regular Council Meeting Minutes 1 PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Council. Member Ziegler; Passed unanimously 7-0. C 1 Resolution No. 201 6.075 : Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for payment for the incarceration of municipal prisoners for the period of July 1, 2016 through June 30, 2017 (Jane Fairall) C2 Resolution No. 2016 -076 Relating to Boards, Commissions and Committees; revising the procedure for reappointment of at -large delegates to the Marana Citizens' Forum (Jocelyn C. Bronson) C3 ordinance No. 2016.012 Relating to Mayor and Council; amending all previous Town of Marana ordinances that adopted a code or public record by reference pursuant to A.R.S. § 9- 802 to conform to the current requirements of the statute regarding the number of copies of the code or public record that must be maintained by the Town; and establishing an effective date (Jane Fairall) C4 Approval of June 21, 2016 Regular Council Meeting Minutes and approval of June 28, 2016 Special Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING .ARING ordinance No. 2016.013 : Relating to development; approving a rezoning of approximately 36.79 acres of land generally located on the northeast corner of Twin Peaks Road and oasis Road, from 'R- 144' Residential to 'F' Specific Plan for the purpose of creating the Twin Peaks oasis Specific Plan; and approving a minor amendment to the General Plan (Cynthia Ross). Mayor Honea opened the public hearing. Ms. Ross presented an overview of the project as described in the packet materials. Citizens protesting the development as presented to Council included Susan Parrish, Ron Isaacson, Ashley Flynn, David Lutz, and Diane Lee. Items of concern included lot size and density, water use, obstructing views and natural habitat and traffic. Linda Morales from the Planning Center, representing the property owner, Alfred Scuito, presented the revised plan, noting that the plan had come before Council with other home builders in the past. Mr. Sciuto does not have a home builder in mind at this time. He instructed Ms. Morales to take her time and conduct more meetings with residents adjacent to the property to understand their concerns. Ms. Morales reviewed the proposed land use, which will accommodate 74 single family homes at 2 RAC. There will be one and two - story homes; however, the two -story homes will be limited to 25 at a maximum height of 30 feet and contained within the center of the development. Single story homes are limited to no more than 20 feet in height. open space on the subject property is 53 percent. Ms. Morales then August 2, 2016 Regular Council Meeting Minutes presented three possible renditions on the tentative development plan and took questions from the Council. Mayor Honea closed the public hearing and then re- opened it when another speaker card was presented. Don Cantrell spoke and is opposed to the development, his concerns relating to Y tra f - ic. Mayor Honea again closed the public hearing, noting that this rezoning required a super majority vote. Motion to aj1prove the raoning as presented fly staff by Council Member Bowen, second by Council Member Ziegler. 'Town Clerk Bronson polled the Council. The vote was urrarxirarous ' favor of the ordinance 7-0. A2 PUBLIC HEARING: Ordinance No. 2016.014 Relating to Development; approving a rezoning of approximately 72 acres of land located a quarter mile north of Cortaro Farms Road, bordered by Hartman Lane and Camino de Oeste, from 'C' Large Lot ,Zone to 'R -6' Single-- Farnily Residential (Steve Cheslak). Mayor Honea opened the public hearing. Presented by Steve Cheslak, who gave an overview of the rezoning application, including lot size, number of homes and open space. He then introduced Stacey Weaks from Norris design representing Pulte Homes. Mr. Weaks continued to highlight some of the features of the plan alluded to by Mr. Cheslak. Carolyn Campbell, representing the Sonoran Desert Coalition, spoke in support, noting that this has become a nice project. David Lutz spoke, primarily focusing his opposition on increased density, water and increased taxes. There being no further speakers, Mayor Honea closed the public hearing. Motion by Vice Mayor Post to al- )prove, second by Council Member Kai. Passed unanimousl 70. A3 PUBLIC HEARING: Ordinance No. 2016.015: Relating to Development; amending the Marana Town Code Title 17 (Land Development), Chapter 17 -5 (Subdivisions), section 17 -5 -2 (Procedure), revising the provisions and procedures for processing subdivision plats including the pre - application conference and the submittal, review, and approval of preliminary subdivision plats; and establishing an effective date (Brian D. Varney) Resolution No. 2016-077 Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by ordinance No. 2016.015, amending Marana Town Code Title 17 (Land Development), Chapter 17 -5 (Subdivisions), section 17 -5 -2 (Procedure) by revising the provisions and procedures for processing subdivision plats including the pre- application conference and the submittal, review, and approval of preliminary subdivision plats (Brian D. Varney). Mayor Honea opened the public hearing. Mr. Varney noted that this is a collaborative request from the Planning department and the Legal department to amend the subdivision regulations as they pertain to preliminary subdivision plats. There were three primary objectives. The first was to make a number of grammatical and clarification revisions to the text to make it more readable and user-friendly. Most of the procedural requirements have been deleted, as many were obsolete and outdated. Remaining procedures have been incorporated into a procedural guide that is August 2, 2016 Regular Council Meeting Minutes given to applicants during a pre - application meeting. Revisions have also been made regarding the significance of the preliminary plat approval, particularly to the duration of the approved status of the preliminary plat. Currently, the land development code allows a preliminary plat to remain valid for two years. There is an option to extend that, either with the submittal, approval, and recording of final plat or the submittal of a request for an extension, however, the extension is only good for an additional year. That will give the applicant a total of three years on an approved preliminary plat. Staff is proposing to maintain the two years of initial approval with an option to submit a final plat without having to record it to get a two -year extension on the preliminary plat. A final plat can be submitted on a portion of a preliminary plat, it doesn't have to be the entire preliminary plat area. It can be a small portion, and that will entitle the applicant to an additional two years of approved status of the preliminary plat. The other option is to have the Town Council grant an extension based upon a staff recommendation for approval. Staff is also proposing a revision to allow the approval of a final plat for any portion of the land area within the preliminary plat to extend the approval of the preliminary plat for an additional two years. For a big project such as The Villages at Tortolita, they could continue to come in and submit final plats and extend the pre -plat an additional two years for each approval of a final plat. Staff s rationale behind this is that if the applicant is malting progress and moving forward with the development, why not extend the pre -plat approval rather than require a resubmittal and review. Staff is also proposing that if the pre -plat expires prior to the submittal of the final plat and prior to the request for an extension, a resubmittal will be considered as a new application and new fees will be assessed. However, if the new re- submitted plat is in substantial conformance with the previously approved preliminary plat, the fees will be reduced by 50 percent, malting it more cost - effective and a reward for continuing on with the project. The Planning Commission heard this request on June 29, 2016 and unanimously recommended approval to the Town Council. The Planning department recommends approval as well. There were no speaker cards presented. Mayor Hones called for questions from the Council. There were none, and Mayor Hon.ea closed the public hearing. Council Member Ziegler thanked staff for streamlining the code. Motion to approve Ordinance No. 2016.0.15 and Resolution No. 2016.077 by Council Member Ziegler, second by Council Member Bowen. Passel unanimously 7 -0. Mr. Varney thanked Council Member Ziegler for her comments and noted that a large portion of the thanks goes to Mr. Cassidy. A.4 PUBLIC HEARING: ordinance No. 2016.016 Relating to Development; amending the Continental Ranch Specific Plan revising the authorization and procedures for the interpretation of unclear regulations, approving administrative changes, determining the suitability of proposed additional permitted uses within the land use designations, and specifically including low - intensity medical related uses as permitted uses in the commercial land use designation; and establishing an effective date (Brian D. Varney) Resolution No. 2016078 Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by ordinance No. 20 16.016, amending the Continental Ranch Specific Plan by revising the authorization and procedures for the interpretation of unclear regulations, approving administrative changes, determining the August 2, 2016 Regular Council Meeting Minutes suitability of proposed additional permitted uses within the land use designations, and specifically including low- intensity medical related uses as permitted uses in the commercial land use designation (Brian D. Varney). Mayor Honea opened the public hearing. Mr. Varney noted that the Planning department identified a number of outdated administrative provisions that we have been contending with for a number of years. The amendments presented to Council tonight are intended to rectify those issues. In 1988, when the Continental Ranch Specific Plan was adopted, the Plan included a number of provisions that authorized the Town Council and the Town Manager to make minor land use decisions regarding regulations in the Plan. During the past 20 years, the specific plans that we have adopted as well as our Land Development Code, have given these authorizations to the Planning Director. Staff is requesting Council approval to bring this Continental Ranch Specific Plan into parity with the other approved documents. These changes consist of a revision to Section V.C.3. which pertains to interpretations of any unclear provisions in the plan, or any ambiguous language. Rather than appearing before the Council through a public hearing process, the Planning Director could make such decisions. His interpretations would be appealable to the Board of Adjustment. Staff is also proposing a revision to Section V.C. 6. which pertains to the interpretation of additional proposed land uses which are not currently listed within a particular land use designation. There are only a handful of uses listed, but the town could be willing to support dozens of uses. This would give the Planning Director the ability to determine the appropriateness of a proposed use which is similar in nature and intensity to a listed use. Section V.F. 1. is a direct request to include these low intensity medical uses in the "commercial " land use designation. This is more of a clarification in the text. Right now we have a number of those uses in the "commercial" designation —walgreens', CVS Minute Clinics and some urgent care facilities as well as a dental office. we prefer that the text is clear and in the document. There are sections in which the Town Manager currently has authorization to approve changes Sections VII.D and VII.B - which are approval of minor revisions to approved site plans and development plans and making minor administrative changes to the specific plan document, respectively. To be consistent, we are asking that these authorizations be provided to the Planning Director as well. This is just another step in bringing the Continental Ranch Specific Plan into parity with the other approved documents. The Planning Commission recommended approval unanimously on June 29, 2016, and the Planning department supports it as well. Mayor Honea noted that there were no speaker cards and closed the public hearing. Motion by Council Member Bowen to approve Ordinance No. 2016.016 and resolution No. 2016-078, amending the Continental Ranch Specific Plan, second by Vice Mayor Post. Passel unanimously 7-0. A5 Resolution No. 2016 -079 Relating to Utilities; Authorizing the Mayor to sign an "Assignment of Rights and Assumption of obligations of Central Arizona Project Municipal and Industrial water Service Subcontract" between the Town of Marana and Avra water Coop, Inc.; authorizing the Mayor to sign an "Amendment No. 2 to Subcontract No. 07- xxw30- w0470" August 2, 2016 Regular Council Meeting Minutes among the United States, the Central Arizona Water Conservation District, and the Town of Marana; and authorizing town staff to undertake all other necessary or prudent steps to finalize the transfer of Avra Water Co -op's entire 808 acre -foot per annum allocation of Central Arizona Project municipal and industrial water entitlement (Asia Philbin). Presented by John Kmiec who noted that several months briefed Council on the ongoing progress with the Avra Water Co- op. rl "heir desire at the time was to divest themselves of their CAP M &I allocation, but primarily to redirect it to the Town of Marana. This has been an ongoing project with the department for about four years. He then gave a short presentation on what this really means to the Marana Water department as well as the Town of Marana going forward. From the Central Arizona Project's (CAP) municipal and industrial (M &I ) allocation in 1999, the town received 47 acre feet with some trust assignments from some private water companies at the time when we were expanding into the water business. In 2006, the Flowing Wells Irrigation District located recognized that they were over - allocated M &I water through the CAP, and worked with the town to transfer some of their excess water. Marana acquired 1481 additional acre feet, bringing our total to 1528 acre feet. over the last several years, we've been working with Avra Water Coop who was allocated CAP water, although they have no access to the canal. They are a community without an assured water supply designated and are fairly built out with large lot subdivisions, and they have ground water credits. They wanted to re- direct their allocation to the town as a lot of their residents work, reside and shop in Marana which would help their residents and the town. If this allocation eventually gets settled in the next couple of months, that would bring our allocation to 2336 of CAP M &I allocation. For reference, our 2015 water deliveries to our customers was only 1962 acre feet. once this allocation is approved, this will be the first time in the 20 -year history of Marana Water that we have a CAP allocation in excess of our current customer demands. Mr. Kmiec then provided a graph showing growth area assumptions through 2031. He also noted that there is a non- Indian agricultural allocation pending which he hopes will cone through in 2018. Together with CAP and effluent entitlement going in the ground, the staff is hoping to experience at least a I 0 -year projection for excess entitlement to water — CAP or recharged effluent — through 2026 and perhaps beyond. This is a conservative estimate factoring in modest growth in our service area. This presentation recognizes that as we move forward the town is at an historic point in its water sustainability and its renewable water supply. He did want to express a big thanks to Doug Schneider, Cathy Kuefler, Jack Wheat and the Board the Avra Water Coop for working with the Town of Marana and the Water department over the last four years to figure out how to put this water to its best beneficial use. Council Member Bowen also wanted to thank the Avra Water Board for being tremendous to work with. He asked if they received any consideration for this allocation. Mr. Kmiec responded that what is happening is that the town is taking their entitlement of CAP water, and the town will end up transferring the funds that Avra Water spent when they acquired it f our years ago, and they will get repaid under the provisions of the purchase agreement with Marana. Right now our estimate for the purchase cost is about $693K. The final numbers will have to come from CAWCD and the United States government, but it's in that range. Avra has that money earmarked to help them with some critical infrastructure needs. Council Member Kai added that it's a good partnership with Avra Co -op because they are faced with yearly costs to maintain this allocation. Motion by Council Meuzher Kai, second ley Council Meniber McGorray to adopt Resolution No. 2016-079. 1 unanimously. August 2, 2016 Regular Council Meeting Minutes 6 A6 Resolution No, 2016 -080 Relating to Public Works; approving and authorizing the T own .1 own Engineer to execute an Acquisition Agreement & Administrative Settlement and all other documentation necessary the p of property rights ncededfrom The Shaner Pam ly Revocable Living Trust dated April 1, 2006 for the Tangerine CorridorlTangerine Road, Twin Peaks to La Ca�tada Drive, Town of Marana Profect No, S'T021 (Ffrank Cassidy) Presented by Frank Cassidy, who noted that the proposed settlement agreement is in the Council materials. Staff put this item on the regular agenda so that Council would have an opportunity to go into executive session so that he could describe how the negotiation evolved. Otherwise, he is open to questions. There being no questions, Vice Mayor Post moved to approve Resolution No. 2016-080, 080, second by Council Member Kai. Passed unanimous 7- 0. ITEMS FOR DISCUSSIONIPOSSIBLE 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) El Executive Session pursuant to A.R.S. §38-431.03 (A )(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E2 E"xecutive session pursuant to A. R.S. § 38 -431, 03()(4) and (7) to discuss with the Town's attorneys and representatives the terms of a proposed purchase of'Tangerine Road right -qf jay fir The A5haner Family Revocable Living Trust dated April 1, 20106 (this item relates to and should occur be fbre Council Action item A6 on tonight .s agenda) FUTURE AGENDA ITEMS. Vice Mayor Post asked that staff research the subject of lot splits of properties surr ounding some of the existing developments. Council Member Ziegler asked that staff` research video streaming Council meetings as well as look into the fees for sign permits. Mr. Davidson interjected that this is part of a larger discussion to overhaul a number of different fees - either reduced, eliminated or re- packaged to improve the delivery of services to our customers and then bring them back to Council for consideration. The sign permit fee will be included in that review. There was Council support to bring these items back for consideration. ADJOURNMENT. Motion to adjourn by Vice .Mayor Post, second by Council Mevniber Bowen. Passed un animously 7 -0. CERTIFICATION 1 hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 2, 2016. I further certify that a quorum was present. August 2, 2016 Regular Council Meeting Minutes l ce ronson, Town Clerk 9 1 P MAR AN (z C) Au 2, 2016 Re Council Meetin Minutes