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HomeMy WebLinkAbout12/16/2003 Regular Council Meeting Minutes~ ,MINUTES OF REGULAR COliNCIL MI+IETINU 1~IARAN~TO~VNI~ALL ~. • ~ ~` DECEMBER 16,.2003 PLACE AND DATE Marana Town Hall, December 16, 2003 I. CALL TO ORDER By Mayor Sutton at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford ~ Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Michael Reuwsaat Town Manager Present Jaret Barr Assistant to the Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Development Services Administrator Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Blake, seconded by Council Member McGorray, minutes of the November 18, 2003 Council Meeting and minutes of the December 2, 2003 Council Meeting were unanimously approved. NIINUTES OF ltl! GULAR COUNCIL ~ti1I;ETING ,`~ ~ ~ ~ NLAR~4NA TOWN I-TALL DECEMBER 16, 2003 VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Chief Vidaurri introduced the new Marana Police department (MPD) recruits. The recent graduates of the Central Arizona Regional Law Officers Training Academy included Officers Angelica Placencio, Joseph Castillo, and Jason Detwiler. The Chief informed the audience that Officer Castillo was given the Russell L. Duncan Memorial Award after being voted the most outstanding cadet in the Class #83 by his classmates and counselors. He added that MPD was very proud of Officer Castillo's accomplishment in receiving this prestigious award. Ed Stolmaker reported on the recently held holiday party given jointly by the Marana Chamber of Commerce and the Marana Arts Council. He said that it was a huge success. He read a letter from the Chamber to Council Member McGorray into the record commending the Council Member for her hard work in preparation for the party. Ms. McGorray also serves on the board of directors for the Marana Arts Council and was the committee chair for the artwork displays at the joint holiday event. The letter has been made a permanent part of the record. Mayor Sutton announced that Pat Summerall's "Champions of Industry" two ~~ minute commercial announcement about the Town of Marana is scheduled to air on Headline News Network (HLN) on Thursday, December 18~, between 4:00 and 4:30 p.m. He said that Congressman Jim Kolbe is scheduled to tour Marana on December 17~, leaving from Town Hall at 10 a.m. The tour includes visiting the municipal complex construction site, the Heritage Park site, the Marana Northwest Regional Airport, attending a Chamber luncheon at the Lord of Grace Lutheran Church as the featured speaker, and concluding with afternoon tours of the district parks and the Twin Peaks Interchange site. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003-150: Agreement between Town of Marana and Pulte Homes for Construction of Water Facilities Under Private Contract on Gladden Farms Block 12 (Brad DeSpain) 2 ~.1~~iINUTES OF REGULAR COUNCIL .~'II:ETING -'. ~~_ 1~1A12ANA TOWN HALL DEGEMI31iJK 16,:.2003 2. Resolution No. 2003-151: Agreement between Town of Marana and Pulte Homes for Construction of Water Facilities Under Private Contract on Gladden Farms Block 11 (Brad DeSpain) 3. Resolution No. 2003-159: Releasing the Assurance Agreement for Continental Reserve Block 11(Stoneridge), Trust No. 4915, for Lots 1-71, and Common Areas "A", "B", "C" and "D", and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) 4. Resolution No 2003-162• Application for Liquor License: New License for a Corporation: Consideration of recommendation to State Liquor Board for a No.10 (Beer and Wine store) liquor license application submitted by Michael Wayne Huffstuttler, on behalf of Eckerd Drugs #5326, located at 7740 N. Cortaro Road Qocelyn Bronson) 5. Ordinance No. 2003.31: Calmat Specific Plan Amendment Time Extension (Jim DeGrood) 6. Ordinance No. 2003.33: Annexing Tangerine and Thornydale Road rights- of-way located adjacent to existing Town boundaries (Frank Cassidy) Upon motion by Council Member Escobedo, seconded by Council Member Honea, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Public Hearing on the Camino de Oeste Annexation -Consideration of the Town of Marana's desire to annex approximately 319 acres adjacent to the Town of Marana's border in portions of Sections 25 and 36, T12S, R12E. The parcels within this annexation area are on the east side of Interstate 10 and bisected by Camino de Oeste and Cortaro Farms Roads (Dick Gear) Mr. Barr presented this item before the Council and gave a brief history of the annexation request. He pointed out that the public hearing was the first of several State mandated public hearings associated with the annexation process. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to go into public hearing was unanimous. 1btINUTES OF' ItTGULAR COUNCIL l~iErTINC Mr~RANA TO~'VN tiALL llECEi~1BER 16, 2003. Rick Hummer, Pima County resident, spoke before the Council regarding his concerns for the established equine community within the proposed annexation area and the potential liability associated with any injuries to area newcomers not familiar with horse etiquette. He voiced his fear that the horse owners' wishes or best interests might be overlooked in considerations associated with the proposed annexation. Mr. Barr noted that he had spoken with Mr. Hummer prior to the Council meeting in regard to the existing equestrian lifestyle on both sides of Cortaro Road. He said that he and Mr. DeGrood planned to address that issue as it related to the road widening project and the intergovernmental agreement with Pima County. Alicia Carreon, Pima County resident, voiced her concerns about the potential for increased traffic resulting from the proposed development. She said that the traffic congestion in this area was already a problem. Airiel Millner, Pima County resident, spoke to the Council about her concerns with the negative environmental impact to the area with the addition of 250 new homes. She also voiced her concerns over the potential for flooding due to the repositioning of the water flow channels. Phil Neilson, Pima County resident, addressed the Council and registered his opposition to the proposed annexation. He listed four reasons for his objections including groundwater overdraft, flood control challenges, desert habitat damages, and poor traffic movement and street development. Mr. Neilson presented his concerns in a letter which was distributed to the Council. This letter has been made a permanent part of this record. Jeanell R. Evans, Oshrin Park resident, voiced her opposition to the proposed annexation. She said that, as a horse owner, she had located in the Camino de Oeste area because of its rural setting. She was disturbed that her lifestyle was being threatened and added her concerns over the area's existing traffic congestion and the additional roadway impacts the proposed development would bring. Sandra Elliott, longtime area resident, spoke before the Council and stated that, as a member of Pima County's Cortaro Road committee, she had been ,_ involved in the traffic congestion resolution process for many years. She said that she was recently informed by the County that, due to insufficient funding, improvements to Cortaro Road had been postponed until 2008. 4 ,. _..__~ MINUTES OF REGULAR COUNCIL MELTING h7ARANA TO~'VNHALL DECEI~II3~R 16, 243 Ms. Elliott continued by saying that she was undecided about the proposed annexation but that she thought major improvements needed to be made to Cortaro Road before allowing any new development. She wondered if the existing residents would be afforded the opportunity to have their properties rezoned to a commercial designation which would be more aligned with the surrounding properties. Lane Justus, Pima County resident and area property owner, voiced his agreement with the proposed annexation. He said that he had dealt with Pima County and the City of Tucson many times over the past 30 years and characterized his past experiences with these jurisdictions as "duplicitous'. He said that his concern for his property at this point was to avoid being annexed into the City of Tucson. He voiced his wholehearted approval of the proposed annexation. Doug McVie, Camino de Oeste area resident, stated his opposition to the proposed annexation. He listed several reasons for the opposition including the belief that upzoning the area was counter to the majority of the land uses in the area. He claimed that the area schools were beyond capacity and that Marana's proposed intents ran against many citizens efforts in association with the Pima County Sonoran Desert Conservation Plan, the revisions of the Pima County Comprehensive Plan, and on the Cortaro Farms Road Widening Plan. He said that the area had been planned to be a wildlife crossing, not a 215-home subdivision strip mall. He asked that the Town respect the County's democrat process regarding the proposed annexation. Neil McHugh, Pima County resident, registered his opposition to the proposed annexation by agreeing with the previous speakers. He said that he had not received any impact studies regarding the upzoning of his rural neighborhood and considered the proposed annexation to be an act of "gerrymandering" in order to exclude all annexation opponents. He adamantly stated his belief that legitimate concerns had been ignored and trivialized by the developers. He questioned the need for another retail outlet for cigarettes, soda, and alcohol in his neighborhood which is zoned "SR" (Suburban Ranch). Dan Lawrence, candidate for State Representative in District 28, addressed the Council regarding his vehement opposition to the proposed annexation. He said the Towri s actions symbolized the worst policies at the local level and was growth without planning, long-term vision, or independent formal 5 "uf; ~vIINUTES OF REGULAR COUNCIL MEETING ~; ~, : I~IAI2~NA TO~~N HALL ~~~~ ~~ DECEMBER 16, 2003 impact studies. He said that the traffic would be increased and that the quality of life would be greatly lowered for the area's property owners. Mollie Brown, Cortaro Farms Road resident, spoke before the Council and said that she was in favor of the proposed annexation and looked forward to being within Marana's Town boundaries. Carl Winters, representing Richard and Geneva Gentry who own 20 acres on the southeast corner of Cortaro Farms Road and Camino de Oeste, addressed the Council. He said that he was also a Marana resident and that his experiences with the Town had been exceptionally good. He gave the Town accolades for their excellent customer service and commitment to improving the roadways. Ron Asta, representing property owners within the annexation area, addressed the Council. He said that the consensus among his clients was that this annexation effort would allow the beginning of the widening of Cortaro Road next year as opposed to beginning work in 2008. He said that several public meetings with the area residents had been held within the last few months and points of interest associated with the proposed annexation had been discussed. Mayor Sutton commented that the Town had an excellent reputation for working well with its residents and with potential neighbors during the annexation processes or during a rezoning effort. He pointed out that no other Arizona municipality does the high level of in-depth planning that Marana performs in terms of development standards and transportation improvements. Mr. Barr concurred with the Mayor and added that, if the annexation continued to move forward, there would be a $5,000 per lot impact fee imposed on the developers that would be directly applied to the widening of Cortaro Road. He said that, with the direction of the Town Council, an intergovernmental agreement would be entered into with Pima County to expedite the process of this roadway improvement and to repair the drainage issues existing near Oshrin Mobile Home Park. Mr. Reuwsaat confirmed that the Town would not proceed with an annexation unless it felt that due diligence would provide for the appropriate transportation and drainage needs of the area all the way to Interstate 10. 6 MINUTES OF REGULLAR COUNCIL MEETING 1~IARANA TOWN:,H.ALL DECEMBER 1 G, 2003 He said that it was a long process but that Town staff would continue moving forward and working with Pima County on the IGA and with the developers. Jackie Fuller, Pima County resident, asked if additional property taxes would be imposed following the annexation of the Camino de Oeste area. Mayor Sutton replied that there were no property taxes in Marana. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, unanimous approval to go out of public hearing was given. There was no further discussion regarding this item. 2. PUBLIC HEARING: Ordinance No. 2003.27 and Resolution No. 2003-154: Continued from the December 2, 2003 Council Meeting. Proposed amendment to the Land Development Code of the Town of Marana, by adding Title 24 -Overlay District Regulations and adding Section 24.01 Silverbell Road Corridor Overlay District Regulations and adding Section 24.01 Silverbell Road Corridor Overlay District, establishing standards for structures, landscaping and other improvements on property within the Silverbell Road corridor which promote high quality, innovative site design and safe and efficient land usage and declaring Title 24 and Section 24.01 a public record (Joel Shapiro) Mr. DeGrood briefed the Council on the history of this item. Mayor Sutton opened and closed the public hearing as no speakers came forward from the public. There was no further discussion. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Ordinance No. 2003.27 and Resolution No. 2003-154 were unanimously approved. 3. PUBLIC HEARING: Ordinance No. 2003.30: 8551 N. Silverbell Road Rezone. A request by the property owners to rezone three parcels from "C" (Large Lot Zone) to "NC" (Neighborhood Commercial), on approximately 11 acres generally located on the west side of Silverbell Road, approximately 3/4 of a mile north of Wade Road, within Section 28, Township 12 South, Range 12 East (Joel Shapiro) 14IiNUTE~S OF RLGCILAK COUNCIL I~IETTING I~~1A1~NA TO~'VN H~~LL ~IaaCEMI3ER 16, 2003 Mr. DeGrood addressed the Council and gave a brief outline of the rezone request. He said that the Planning and Zoning Commission had unanimously recommended this action for approval by the Town Council. Mayor Sutton opened and closed the public hearing as no speakers came forward. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, Ordinance 2003.30 was unanimously approved. 4. Ordinance No. 2003.32: Authorizing an exchange of real property east of the intersection of Cortaro and Silverbell Roads to reconfigure the Marana district park site and new public library and accommodate the creation of public roads and other improvements to serve the district park site and new public library and authorizing the execution of a Real Estate Exchange and Development Agreement with Arizona Pavilions Development, Inc. and Ranch Holdings, L.L.C. (Frank Cassidy) Mr. Cassidy addressed the Council and explained that the Town was µ.~. providing land for the accommodation of the new library and related improvements in the Marana District Park. He said that one of the elements of the exchange agreement was that any construction sales tax proceeds resulting from the development in this area would go toward paying for half of the roadway costs. Council Member Blake inquired about a wellsite included in Trade Piece #4 and whether or not it would remain as such. Mr. Cassidy replied that Mr. DeSpain and he were in the midst of discussions with the City of Tucson regarding the wellsite's disposition. Mr. Reuwsaat added that the wellsite in question did not produce a sufficient enough amount of water for Tucson s purposes but that there was enough water production for park site irrigation. He said that negotiations were ongoing with the City of Tucson staff. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Ordinance No. 2003.32 was unanimously approved. 8 NllNUT1JS OF RIJGOLAR COUNCIL MEETING I~'IARaN ~ TO«'N H:~LL llE(EMBER 1C>>, 2003 5. Resolution No 2003-161• Pima Farms Village Preliminarv Plat: This is a request for approval of a Preliminary Plat for asingle-family subdivision of 2951ots and Common Areas "A" through "O". The project is located at the northeast corner of Pima Farms road and No. Scenic Drive, in a portion of Section 29, Township 12 South, Range 12 East (Joel Shapiro) Mr. DeGrood explained this request to the Council and said that the recommended motion suggested conditions which would require the developer to continue working with the Town on a permanent trails plan and would require notice to be given to all potential buyers within the subdivision of the presence of the El Paso Natural Gas Line. Upon motion by Council Member Honea, seconded by Council Member McGorray, Resolution No. 2003-161 was unanimously approved. Council Member Comerford voiced her disappointment in the subdivision development plans and thought that the densities would be used differently. Council Member Blake mentioned that he too believed the current plan varied from the block plat approved by the Council some time ago. Mr. Racy, representing Diamond Ventures, addressed the Council Members' concerns. He said that this preliminary plat represented the final portion of the Pima Farms Specific Plan area. He said that the first portion was the 600-acre Continental Reserve project and that this subdivision was the remaining 160 acres. He noted that over 40 % of the property would remain as natural, open space including forty acres subject to the Lazy K Bar equestrian easement, around 30 acres more of open space and trail systems with approximately seven acres set aside for a trail head site, and abundant preserved natural washes. He pointed out that four neighborhood meetings had been held as well as a number of phone conferences which had resulted in the complete re-design of the development's south side into four separate neighborhoods with lot sizes ranging from 6,000 sq. ft. up to 20,000 sq. ft. He said that he understood and respected Council Member Comerford's concerns and thought that she was uncomfortable with the layout. Mr. Racy commented that the area in question was especially challenging to plan due to the larger lot sizes, the enormous amount of open space, and the substantial amount of designated critical habitat areas contained within the property. He added that the preliminary plat was identical to the block plat submitted at an earlier time. 9 ~. NIINUTCS OF REGULAR COUNCIL h~IECTING ` , ~iAIZANA TOWN BALL ' DECEMBER 16, 2003 Upon motion by Council Member Honea, seconded by Council Member McGorray, Resolution No. 2003-161 was unanimously approved. 6. Resolution No. 2003-163: Sales Agreement between the Town of Marana and Wayne R. and Barbara I. Honea to purchase two Honea Heights parcels as part of the Santa Cruz River Linear Park. The Town will pay the appraisal amount plus all closing costs (Dan Groseclose) Council Member Honea registered a Statement of Agenda Conflict with this item. He did not participate in the discussion or in the voting on this item. Mr. Reuwsaat explained this proposed action to the Council and said that the property appraised for $67,000. Upon motion by Council Member Blake, seconded by Council Member Escobedo, Resolution No. 2003-163 was unanimously approved. 7. Authorizing the Mayor to execute a settlement agreement in the condemnation case of Town of Marana v. Laird Financial Corp., Pima County superior Court No. 020020255 for $74,800, plus interest, and including other terms as set forth in the settlement agreement (Frank Cassidy) Mr. Cassidy addressed the Council regarding this item and said that a modification had been made in the settlement agreement previously distributed to the Council. He said that the change was from an infinite time period to a five year limitation period in relation to the Town s review process of any redevelopment based on current requirements. Upon motion by Vice Mayor Kai, seconded by Council Member Blake, authorization to execute a settlement agreement in the condemnation case of Town of Marana v. Laird Financial Corp., Pima County Superior Court No. 020020255 for $74,800, plus interest, and including other terms as set forth in the settlement agreement was unanimously approved. 8. Authorizing the Town's attorney to offer the appraised amount of $287,303 to settle the condemnation case of Town of Marano v. Tucson Electric Power, Pima County Superior Court No. 020024896 (Frank Cassidy) 10 1VIINUTES ~OF REGULAR COUNCIL MEETING ?1]ARAN ~. TO«'N HALL ,. DECEMBER 16 2fl„~Q3 Mr. Cassidy gave a brief explanation of this item and said that concerns associated with the appraisal had arisen. He asked that the Council table this item until the appraisal could be properly researched. Upon motion by Mayor Sutton, seconded by Council Member Honea, approval to continue this item until a future date was unanimously approved. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo reported that the Marana Community Food Bank was in dire need of donations for distribution during the holiday season. He added that the annual Miracle on 31St Street community event needed toys for its upcoming December 24~ giveaway. He thanked the Kai Family Foundation and Sidney Lex Felker for their generous donations to both the Marana Community Food Bank and to the Marana Health Center. Vice Mayor Kai reported his attendance at a Colorado Water Users Association meeting where California's 4.4 Plan was the focus of discussion. He said that this plan documented the goal of reducing California's high usage of the Colorado River water. He said that meteorologists' predictions for 2004 were indicating a flat year in terms of rainfall, snowfall, and recharge water accumulation from the Colorado Rockies. Council Member Honea reported on his attendance at the holiday party held jointly by the Marana Chamber of Commerce and the Marana Arts Council. He said that is was a very nice party and a lot of fun for everyone. He complimented Council Member McGorray on her efforts with the multiple room art displays. Council Member McGorray added that the Lazy K Bar staff had been extremely accommodating to the set up crew during the party preparations. She reported that food was also collected from the party goers for donation to the Marana Food Bank. Mayor Sutton reported that, as a member serving on the Pima Association of Governments (PAG) subcommittee on the regional transportation authority, he was not comfortable with the current plan emerging from the group. He said that he would provide the Council with full details on the findings at the earliest Council meeting following a conclusion to the study group. 11 MINUTES OFI2EGULAR COUNCIL ~1EETING . 1~~1ARANA TO~'VN HALL DECEMBER 16 2003 X. D. MANAGERS' REPORT Mr. Reuwsaat reported on several parks projects and informed the Council of his holiday travel plans. FUTURE AGENDA ITEMS There were no items suggested for future agendas. XII. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to adjourn was unanimous. The time was 8:23 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 16, 2003. I further certify that a quorum was present. p„ m .r, elyn Bro son, Town Clerk r. ~ . ^;; ~~~ - 12