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HomeMy WebLinkAbout12/18/2018 Regular Council Meeting MinutesMARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers December 1.8, 2018, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Magor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member MINUTES CALL TO ORDER AND ROLL CALL: Mayor Honea called the meeting to order at 7:03 p.m. Interim. Town. cleric Hilary Hiser called the roll. Council Member ICai was excused. With six council members present there was a quorum. PLEDGE OF ALLEGIANCEfINVOCATION/MOMENT OF SILENCE: Led by Mayor Honea, APPROVAL OF AGENDA: Council Member Bowen motioned to approve, with a second provided by Vice .mayor Post. The motion passed unanimously, 6-0. CALL TO THE PUBLIC: No speaker cards were presented. PROCLAMATIONS MAYOR. AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Bowen participated in the annual Colorado River Water Users Association. meeting. He found the presentations helpful with understanding how each state uses its allotted river water credits. December 1.8, 2018 Regular Council Meeting Minutes 1 Mayor Honea noted that the new Hampton Inn opens Thursday December 20, 2018. Also, the Mayor plans to attend a meeting of the Southern Pinal County Mayors' working group to discuss growth and economic development before the end of December. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager, Jamsheed Mehta reported the closure of Town Iall .for December 24, 2018 and December 25, 2018, December 31, 2018, and January 1, 2019. Also, the annual Egg Nog Jog at Continental Reserve Park starts at 8:00 on January 1, 2019 and has both a 5K and 10K run. The next scheduled Council Connections meetings are January 9, 2019 at 5:00 p.m. at Home Plate and February 9, 2019 at 1.:00 p.m. at ora Mea I -i am District Park. Mr. Mehta provided the Council a brief yearend review touching on some of the major projects completed, e.g. the Police Facility, the Tangerine Sky Park, the wastewater Treatment Facility. He also noted the start of several capital improvement projects at the Airport and for the Parks and Recreation department. Mr. Mehta cited almost 800 single family permits issued during 2018. He stated that the Council would need to consider several substantial policy changes in 2019, including adoption of. the General Plan, major revisions to the Land Development Code, and adoption of new rate studies to help provide direction for future growth. PRESENTATIONS P1 Relating to Budget; presentation of independent auditor's report and final results for the 2017-2018 fiscal year. Presented by Yiannis Kalaitzidis, Finance Director. Mr. Kalaitzidis reported the auditor's final report for the July 1, 2017 through June 30, 2018 fiscal year showed strong financial reporting and internal controls. There were no findings from the auditors and no difficulties were encountered during the audit period. Mr. Kalaitzidis noted the Town's expenditures where well within the alternative expenditure limitation parameters. The Council took no formal action. P2 Relating to Budget; presentation of first quarter results (July -September) for the Town's General Fund and other selected major funds for the 201.8-2019 fiscal year. Presented by Yiannis Kalaitzidis, Finance Director. Mr. Kalaitzidis noted the first quarter financial brief covers July 2018 through September 2018. He stated the Town is controlling expenditures and is meeting expected revenues. Every fund is behaving as expected during the first quarter. Mr. Kalaitzidis explained that the first quarter financial information is up to -date on the .financial dashboard located on the Town's website. The dashboard provides users an interactive function to research and examine the Town's expenditures and revenues in. more detail. December 18, 2018 Regular Council Meeting Minutes 2 Also, Mr. Kalaitzidis explained that Town is experiencing higher than expected revenues due to a closure of a lawsuit and reinvestment of dividends from the insurance pool. Additionally, he said the wastewater operating fund was starting to reflect efficiencies generated from the wastewater treatment facility. The Council took no formal action. CONSENT AGENDA: Council Member Ziegler motioned to approve, with a second provided by Council Member Bowen. The motion passed unanimously, 6-0. C1 Resolution No. 2018-114: Relating to Public Works; approving and authorizing the Mayor to sign an Intergovernmental Agreement between Pima County and the Town of Manana for Cooperative Public Highway, Road and Street (Roadways) and Intersection Inter -Jurisdictional Maintenance (Mo El -Ali) C2 Resolution No. 2018-115: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute a DUI Abatement Grant Program Grant Agreement number DUTAC-E-117 between the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement and the Town of Manana for grant funding for DUI Warrant Detail (Starla Anderson) C3 Approval of the Special Council Meeting - Council Connections Minutes from November 30, 2018; Approval of the Regular Council Meeting Minutes from. December 4, 2018; Approval of the Special Council Meeting -- Legislature Day Minutes from December 11, 2018 (Hilary H. I Iiser) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: ordinance 2018.023: Relating to Development; approving a rezoning of approximately 17.3 acres of land from `Rw80' (single -.family residential) and .Zone 'C' (Large Lot Zone) to `R--8' (single-family residential); and approving a minor amendment to the Marana General Plan amending the land use category from. Rural Density Residential (RDR) to Low Density Residential (LDR), generally located .75 miles north of Moore Road on the west side of Tortolita Road. Presented by Cynthia Ross, Senior Planner. Ms. Ross stated the applicant is requesting a minor amendment to the Marana General Plan to allow for cluster development of 34 single family residences with a minimum lot size of 8,000 square feet. Mayor Honea reminded the chambers that this item was a public hearing and he would allow speakers who submitted cards to address the Council after he asked some clarifying questions. Mayor Honea stated he attended the Planning Commission. that December 18, 2018 Regular Council Meeting Minutes 3 discussed this development. He asked Ms. Ross to address the wall on the south side of the proposed development. Ms. Ross responded that the original proposal allowed for the Tortolita Reserve HOA to review and approve the wall. However, the item before Council includes a revised condition which specifically stated the planner is responsible for reviewing the landscape plan and the wall design. Mayor Honea indicated he had reservations with that condition. Development Services Director Jason Angell responded that staff understood the atheistic of the wall from the neighboring community's standpoint, and assured the Council that staff would continue to work with the developer to ensure the wall is pleasing and constructed in a way that complemented the existing environment. Council Member Ziegler stated she too attended the Planning Commission meeting. She noted that the original condition of asking a neighboring HOA to provide direction on the design and construction of another development was not something she agreed with. Council Member Ziegler emphasized that the developer and the Planning Department are responsible for ensuring a proposed development's structures fit within the built environment. Mayor Honea transitioned to the speaker cards submitted for the public hearing. David Barker stated he has lived in Marana for the past four years and is a resident of. the Highlands at Dove Mountain across from the proposed development. He noted that he disliked the proposed imbalance between sprawl development and natural recreational activities in the area. Mr. Barker expressed concern that the proposed zoning change was not consistent with the look and feel of the area and encouraged. the Council to further study the proposed development. Council Member Ziegler asked Mr. Barker to point out the location of his property in comparison to the proposed development. He indicated he is south of the proposed development. Council Member Ziegler noticed his lot size was smaller than the proposed lot sizes. He confirmed that his lot is smaller than the proposed development. Scott Lebow is also a resident of the Highlands. Mr. Lebow objected to the development. He stated the Town does not need to encourage high density housing in the Dove Mountain area since other areas of the Town already have high density housing developments. Also, Mr. Lebow- noted that the proposed development still does not address the concerns of area residents regarding view-scape, traffic density, property values, and the changing character of the area. Mr. Lebow expressed irritation related to the functionality of the traffic density study and drainage report. Mr. Lebow took issue with the plan to allow construction of two --story homes in the area. Finally, he criticized the method of notification regarding the proposed rezoning as insufficient for the digital age and did little to inform citizens beyond the 300 foot notification area. Tom Han.nagan is also a resident of the Highlands and objected to the proposed rezoning. He too stated there was poor notice regarding the project and thought the notification of property owners only within 300 feet was insufficient. Mr. Han.nagan noted that the terminology of "minor amendment" did not seem to adequately December 18, 2018 Regular Council Meeting Minutes 4 articulate the change in zoning from a rural area to a track development. Mr. Hannagan also questioned the staff's case analysis because it only discussed compliance with the code, but did not address the possibility of view impairments for area residents. Finally, he noted that the proposed development was not harmonious with surrounding area in terms of lot size or development layout. Sue Montanez, resident, stated that the neighborhoods in the area are all part of. the Dove Mountain community and any development needed to fit within the overall lifestyle of Dove Mountain. She observed that the area is a unique and prestigious community which must be preserved for custom homes and resort style living. Ms. Montanez said that any new development should reflect the luxury lifestyle already established in Dove Mountain, with more affordable housing developments located in other parts of Marana. Teresa Urias asked the Council to table the proposal until a later date. Ms. Urias stated the Planning Department did not fulfill a request to provide the minutes from the November 28, 2018 Planning Commission Meeting. She said that without the opportunity to review the minutes, residents were at a disadvantage because there is no official record of what D.D. Horton agreed to and what the Commission approved. She expressed concern that the December meeting for adoption was done to push through the rezoning without opposition from residents. Ms. Urias expressed her objection to the proposed development stating it does not conform to the standards of the Dove Mountain area and it intruded on the premium lots with its clustered layout and subpar home design. She requested the Council leave the current zoning as is and protect the natural beauty of the surrounding area. Armando Urias requested the Council reject the proposed development because it does not reflect the area. He observed that the price point for homes in the proposed development is much lower than the price point of the homes in the surrounding area. Mr. Urias expressed frustration that building lower priced homes would decrease property values for neighboring developments. He asked that the current zoning remain in effect to encourage construction of custom homes at higher prices. Charles Krnet is a resident of the area. Mr. Kmet is an experienced emergency manager. He noted that the proposed development would negatively impact the traffic control issues in the area. He stated the Council needs to first consider addressing the traffic control issues in the area before allowing development in the area. Eric Ebert submitted a speaker card, but declined to address the Council. Sunny Ali is a resident of the Tortolita Deserve subdivision. He stated he is not opposed to development, but any new development should reflect the progression towards larger lot sizes the further north you go. Mr. All said D.R. Horton's development proposal breaks with that trend. Mr. Ali noted that the proposed plot pian could increase the total size of the lots, or the developer could reduce the total number of lots proposed. December 18, 2018 Regular Council Meeting Minutes 5 Pat Fascaan stated she was very disappointed with D.R. Horton's lack of cooperation with area residents. She asked if. the Council's vote would be transparent. Also, Ms. Fascaan expressed disapproval of the 300 foot notification procedure -stating the proposed development has a larger impact beyond 300 feet. She noted that she was very disappointed that the proposed development plan had gone as far as it had in the approval process. Natasha Jabbar objected to the proposed rezoning, but focused her comments on possible solutions and compromises. She noted that D.R. Horton's unwillingness to compromise with homeowners indicated a poor fit for the area. Ms. Jabbar stated the developer could find ways to build on the other side of the wash to break -apart the density and could also build a home at a higher price point. She noted that the developer offers a high end product in other states, known as an emerald home, which it could easily provide locally, but is unwilling to do so. Ms. Jabbar asked for an alternate egress to the proposed development. She stressed that there are other viable and more appropriate options for the developer to pursue and asked the Council to consider those changes. Council Member Ziegler asked staff to explain what an emerald home was. Mr. Angell stated that the emerald home is a product line offered by D.R. Horton and something staff cannot dictate what product the developer builds. Terry cook stated the proposed development borders two sides of his property and the orientation of the development would negatively impact his view. He noted that he built his home on the property with the understanding that the surrounding area would reflect the same zoning. Mr. Cook stated he would like the Council to represent the people who object to the development and vote against the proposed change. Brent Jackson stated his property borders the northern portion of the proposed development. He noted that the development's secondary emergency egress access road would take away a portion of this two acre property. Mr. Jackson stated that when he built his home he maintained a certain envelope for the structure so as to maintain the natural landscape. He stated the proposed type of growth is different .from the conditions he had to build his home with. Also, Mr. Jackson noted that his property is single story and the proposed development includes two-story homes right on his property line. Council Member Ziegler asked staff for clarification regarding the egress road taking a portion of Mr. Jackson's property. Lexi Wellott of the Planning Center, representing D.R. Horton, responded that there is an existing easement on both the property owner's property and the proposed development property. The existing easement allows legal access for the construction of an emergency access point. Mayor Honea asked why the developer choose to use part of the adjoining property for the access road rather than move the road completely onto the proposed development's property. Ms. Wellott stated development was clustered in that particular area because the wash traverses the western portion of the property precluding building construction. Additionally, the proposed development's property does not have direct December 1.8, 2018 Regular Council Meeting Minutes 6 access to Tortolita Road, thus requiring use of the established easement along the neighboring property line. Council Member Bowen asked how the construction of the emergency access road would impact the adjoining property owner. Ms. wellott explained that the road's construction would require grading of the area. Council Member Comerford observed that the developer's use of the existing easement is a choice not a requirement based on the proposed development plan. Council Member Ziegler asked if the property owner would get some type of compensation for the use of his property. Linda Morales of the Planning Center responded that a portion of the easement is on the proposed development, but does not connect with Tortolita Load without also using some of the easement of the adjoining property to build the road. She indicated there is roughly five feet taken from the property to the north to create the required 20 feet for an emergency vehicle access road. Ms. Morales explained that the easement was preexisting. Additionally, she noted that the proposed development could not move the emergency access road because of the wash. Council Member Bowen asked if the developer planned to use the total easement. Ms. Morales indicated they did not. Gary Berman., resident of the highlands at Dove Mountain, objected to the proposed development because two storied homes would block his views of the mountains. He asked. the Council to notice all the Highland residents and not just those living within 300 feet of the proposed development. Mr. Berman asked the Council to postpone the vote so other residents of the development could express their objections. Marry Hoppa stated she worried that proposed development does not have adequate traffic control measures to accommodate egress/ ingress for the residents. She thinks the Council should oppose the development for safety reasons. With the conclusion of the speaker cards, Mayor Honea ended the public hearing. Council Member Ziegler asked staff if a traffic study was conducted for the proposed development. Deputy Public works Director Fausto Burruel responded that traffic reports were prepared for the proposed development. Since the proposed development was small the report was only a statement focusing on the estimated number of trips from the subdivision and their impact on the roadway. Council Member Bowen asked what was the legal definition of "minor amendment to the General Plan." Town. Attorney Frank Cassidy responded that the General Plan itself defines what a minor or major amendment is. He stated that for a major amendment to occur there needs to be a two-step jump in zoning. Ms. Ross further clarified the one-step as a movement from a lower zoning to the next higher zoning thus making it a minor amendment to the General Plan. December 18, 2018 Regular Council Meeting Minutes 7 Council Member Bowen asked what would constitute a two-step movement. Ms. Ross responded that the zoning would go from rural to high density jumping over the low density zoning between the two. Vice Mayor Post asked what the adjoining subdivision's zoning was and if it was similar to the proposed development. Ms. Ross stated that Tortolita Reserves" density is R-8, the same as the proposed development, and the Highlands density is R-6. Vice Mayor Post asked Ms. Morales about the citizen"s comments regarding "'entry level"" lower priced homes for the proposed development. Ms. Morales responded that the pricing of the homes is comparable to those of the Tortolita Reserve development. She stated that homeowners wanted to know an exact price of homes in the proposed development, but that figure is variable due to market conditions. Vice Mayor Post followed up asking about the discussion of a "buffer" between the proposed development and the surrounding developments. Ms. Morales stated that the proposed development would have a landscape buffer between 6 feet and 35 .feet in some areas. Ms. Morales stated the homes would have a setback of 20 feet off Tortolita Road. Vice Mayor Post asked Mr. Burruel what other access traffic has to Moore Road or if there are additional plans to improve access to that area. Town Engineer Keith Brann responded that the Dove Mountain area is challenged with a single point of access along Dove Mountain Boulevard with some relief from Moore Road. However, the Town's long-range major routes plan does have additional construction of connector roads in the future for Dove Mountain. Council Member Ziegler asked if the Tortolita Reserve development has two-story homes. Ms. Ross confirmed that the development does have two story homes. Council Member Ziegler stated that two-story homes have a bigger footprint and sell at a higher price point. She noted that the council does not set price points for homes, but she would prefer to see a product comparable to the surrounding developments. Council Member Comerford noted that the council supports developers when they have a vision to improve an area and the Council trusts that those developers will create a product within the overall goals of the Town. She cited the extensive development in the Dove Mountain area since its original conception to present as an example of how development changes with rezoning. Council 111.lember. Comerford agreed with the residents that the Dove Mountain area is a ""gem" within the Town. She did state she was disappointed in D.R. Horton's proposal and she was also disappointed in staff for not adequately explaining the planning and development process to property owners. She apologized to the residents for not adequately educating the surrounding communities about the development. Council Member Comerford pointed out that the subdivisions in the area only exist because ""someone else gave grace"' to the construction of that development. She explained that even though this parcel was not originally zoned for this type of development, neither were any of the other developments in Dove Mountain until someone applied for a change. She noted that development requires rezoning actions as times change to reflect the changing needs of December 18, 2018 Regular Council Meeting Minutes 8 the community. Council Member Comerford concluded her remarks stating she did not think the proposed development was the best plan for the area. Mayor Honea asked if there were additional questions or comments from the Council. Hearing none, he asked .for a motion to approve. Council .Member Bowen motioned to approve ordinance 2018.023, with a second provided by Vice Mayor Post. Mayor Honea requested a roll carr vote. Council Member Bowen - Yea Council Member Comerford - Nay Council Member Kai - Absent Council Member officer - Yea Council Member Ziegler -- Yea Vice Mayor Post - Yea Mayor Honea - Yea The motion to approve ordinance 2018.023 passed 5 to 1, with one council member absent. A2 Resolution No. 2018-116: Relating to Intergovernmental Relations; adopting a 2019 Town of Marana Legislative Program and authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue it. Presented by Tony Hunter, Assistant to the Town Manager. Mr. Hunter stated the Town annually prepares a document defining its legislative goals and policy interests which the Town's contracted lobbyists execute during the legislative year. Mayor Honea confirmed that policy the document reflects the Town's desire to control its own finances and create its own polices. Mr. Hunter stated that was correct. Council Member Ziegler noted that proposed legislation related to supplemental law enforcement/ public safety funding is needed to replace the Stonegarden Grant and should be a priority for the Town's lobbyists. Vice Mayor .Post motioned to approve, with a second provided by Council Member Bowen. The motion passed unanimously, 6-0. ITEMS FOR DISCUSSION/ POSSIBLE ACTION D1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/ goverraanent actions and on recent and upcoming meetings of the other governmental bodies. Mayor Honea stated the Council luncheon with the Legislative Representatives on December 11, 2018 was a productive meeting. December 18, 2018 Regular Council Meeting Minutes 9 EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. 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. FUTURE AGENDA ITEMS Notwithstzinding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT: Mayor Honea motioned to adjourn at 8:46 p.m. with a second provided by Council Member Bowen. The motion passed unanimously, 6-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 18, 201.8. 1 further certify that a quorum was present. Hilary H. Qser, Interim Town Clerk MARANA AZ ESTABLISHED '1977 December 18, 2018 Regular Council Meeting Minutes 10