Loading...
HomeMy WebLinkAbout08-15-2023 Regular Council Meeting Summary Minutes MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 15, 2023, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:01 PM and directed the Town Clerk to call the roll. Council Member Comerford was absent. All other Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Mayor Honea asked for a motion to approve the agenda. Council Member Kai moved to approve the agenda as presented. Council Member Officer seconded the motion. Motion passed, 6-0. CALL TO THE PUBLIC Regular Council Meeting Summary Minutes August 15,2023 Page 1 of 10 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manger Terry Rozema reported the Town issued 22 single-family residential permits so far in August. Last August, there were 40 total permits issued. Mr. Rozema highlighted the new Parks and Recreation activity guide and provided an update on the Gladden Farms dog park and on the progress made at Crossroads at Silverbell District Park. Council Member Ziegler asked when the dog park would be opened. Mr. Rozema said it would open in approximately six weeks. Mayor Honea invited Development Services Director Jason Angell to the podium to provide a summary of the Marana Little League's opportunity to play in the Junior League Softball World Series. Mr. Angell said the team played very well,played countries from around the world,and had a great time. Mayor Honea requested that a proclamation be prepared to recognize the team. Mr. Rozema said a proclamation was already in the works and would be forthcoming. CONSENT AGENDA. Cl Resolution No. 2023-082: Relating to Real Estate; approving and authorizing the Town Engineer to execute a Right of Entry Agreement granting Pima County temporary access rights over Crossroads at Silverbell District Park property (George Cardieri) C2 Approval of Regular Council Meeting Summary Minutes of August 1,2023 (David L. Udall) Council Member Ziegler moved to approve the consent agenda. Council Member Kai seconded the motion. Motion passed, 6-0. PRESENTATIONS P1 Relating to Strategic Planning; presentation and discussion regarding the Town's progress in implementing the Marana Strategic Plan Five (Andrea De La Cruz) Assistant to the Town Manager Andrea De La Cruz presented on the Town's progress in implementing Marana's Strategic Plan 5. A copy of the presentation slides is on file Regular Council Meeting Summary Minutes August 15,2023 Page 2 of 10 with the Town Clerk's Office and attached to these minutes as Exhibit A. Please see the slides for details regarding the presentation, including graphical information. Ms. De La Cruz answered clarifying questions during the presentation. Council Member Ziegler thanked Ms. De La Cruz for her presentation and requested to hear from Parks and Recreation Director Jim Conroy regarding the two areas of disruption noted in the slides. Mr. Conroy explained that both areas of disruption involved project bids came in over budget and that Town staff was working to resolve the issues. Mayor Honea praised Ms. De La Cruz for the work she is doing to manage the Town's strategic plan. LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series 012 Restaurant liquor license submitted by Carlos Enrique Garcia Valle on behalf of Mariscos Chihuahua, located at 4185 West Ina Road, Tucson, AZ 85741 (David L. Udall) Town Clerk/Assistant Town Attorney David Udall presented on this item. Mr. Udall said that this application was originally erroneously submitted to the City of Tucson instead of the Town of Marana. On May 30, 2023, the Arizona Department of Liquor Licenses and Control (DLLC) transmitted the license to the Town and gave the Town 60 days to review. Mr. Udall said Town staff were unable to post the 20-day notice in time for the June 20, 2023 Town Council meeting. Because the Town was not planning on holding Council meetings in July, staff contacted the DLLC to request an extension beyond the July 26, 2023 review deadline. Staff was informed an extension would not be granted, and that if it did not submit a recommendation before July 26, 2023, the DLLC would proceed with the application and mark "No Recommendation" for the Town. Town staff deliberated, and it was decided to let the application run its course at the state level without the Town's recommendation, given the circumstances. Mr. Udall said that in mid-to-late July, the DLLC contacted Town staff and asked the Town post the 20-day notice and hold a meeting on the approval of the application. He informed the Council that the required 20-day notice had been posted and that staff recommended the Council submit a recommendation of approval for this liquor license application to the DLLC. Regular Council Meeting Summary Minutes August 15,2023 Page 3 of 10 Vice Mayor Post moved to approve and submit to the Arizona Department of Liquor Licenses and Control an order recommending approval of an application for a new series #012 Restaurant liquor license submitted by Carlos Enrique Garcia Valle on behalf of Mariscos Chihuahua, located at 4185 West Ina Road, Tucson,AZ 85741. Council Member Ziegler seconded the motion. Motion passed, 6-0. BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2023-083: Relating to Boards, Commissions and Committees; rescinding Marana Resolution No. 2013-020 and dissolving the Council Committee for Planning Commission and Board of Adjustment Appointments (Jane Fairall) Town Attorney Jane Fairall presented on this item. Ms. Fairall explained that the Council established the Council Committee for Planning Commission and Board of Adjustment Appointments in March of 2013, consisting of three Council Members charged with reviewing applications and making recommendations to the full Council regarding Planning Commission and Board of Adjustment appointments. She said that at the June 20, 2023 Town Council meeting, Council Member Ziegler requested that a future agenda item be added that would rescind the authorizing resolution and dissolve the Committee. Mayor Honea said the item would be added to the agenda in August. Ms. Fairall explained that, if this resolution were approved, the selection process for appointments to the Planning Commission and Board of Adjustment would default back to the process set forth in the Town Code, which establishes that applications for vacancies be heard before the full Council only. Council Member Kai moved to adopt Resolution No. 2023-083. Council Member Officer seconded the motion. Motion passed, 6-0. Council Member Ziegler thanked Mayor Honea for adding this item to the agenda. COUNCIL ACTION Al PUBLIC HEARING: Ordinance No 2023.024: Relating To Development; approving a rezoning of approximately 8.7 acres of land, generally located on the north side of Sagebrush Road, approximately 825 feet west of Wentz Road,from Zone A (Small Lot) to R-144 (Residential) and approving a minor amendment to the Marana General Plan land use designation from Traditional Neighborhood to Rural Residential (Sarah A. Smith) Regular Council Meeting Summary Minutes August 15,2023 Page 4 of 10 Mayor Honea opened the public hearing at 6:32 PM. Planner Sarah Smith presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office and attached to these minutes as Exhibit B. Please see the presentation slides for details regarding the presentation, including maps depicting the rezoning request. Council Member Craig asked why a rezoning was necessary in this case. Ms. Smith said the current zoning required a maximum of 2.5 acres for the property and the acreage of the subject property is at 8.7, which is over the currently allowed amount. Mayor Honea closed the public hearing at 6:35 PM. Vice Mayor Post moved to adopt Ordinance No 2023.024. Council Member Ziegler seconded the motion. Motion passed, 6-0. Council Member Ziegler complemented Town staff on the creation of new zoning notice signs. A2 PUBLIC HEARING:Ordinance No 2023.025:Relating to Development; approving a rezoning of approximately 1.75 acres of land, generally located on the west side of Camino Martin, approximately 400 feet south of the Ina Road and Camino Martin intersection, from VC (Village Commercial) to HI (Heavy Industrial); and approving a minor amendment to the General Plan amending the land use category from Commercial (C) to Employment (E)(Scott S. Radden) Mayor Honea opened the public hearing at 6:38 PM. Senior Planner Scott Radden presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office and attached to these minutes as Exhibit C. Please see the presentation slides for details regarding the presentation, including maps depicting the rezoning request. Mr.Udall informed the Council that copies of two emails in favor of the rezoning request were on the dais before each Council Member, one from Gary Heinfeld and one from Tom Wane, which copies are on file with the Town Clerk's Office. Mr. Javier Avalos addressed the Council. Mr. Avalos said he was not against the rezoning, but wanted to ensure the access easement his property, which is located adjacent to the north of the applicants' property, would remain in place going forward. Regular Council Meeting Summary Minutes August 15,2023 Page 5 of 10 Mr. Radden said the applicants had provided a copy of the access easement and said it had been in place prior to the applicants' purchase of the land. Ms. Melissa Lal, President of Larson Baker, LLC, spoke on behalf of the applicants. She said they were hoping to develop the property within one consistent zone so it can conform to the other property uses in the surrounding area. Ms.Lal informed the Council that the applicants currently have one tenant lined up called Hounds Town, which provides dog daycare and boarding.She assured the Council that the applicants were not planning on altering any of the existing easement agreements. Mayor Honea closed the public hearing at 6:49 PM. Council Member Ziegler moved to adopt Ordinance No 2023.025. Council Member Officer seconded the motion. Motion passed, 6-0. A3 PUBLIC HEARING: Ordinance No. 2023.026: Relating to Development; approving a rezoning of approximately 162 acres of land generally located east of Mandarina Boulevard and north of Tangerine Road in Section 31, Township 11S, Range 12E, from Zone E (Transportation Corridor Zone) to SP (Specific Plan), creating the Mandarina South Specific Plan; approving a minor amendment to the General Plan amending the land use category from Commercial (C) to Master Plan Area (MPA); and approving and authorizing the mayor to sign the Development Agreement regarding Streets Development Impact Fee Credits for the Mandarina South Development Project (Scott S.Radden) Resolution No. 2023-084: Relating to Development; declaring as a public record filed with the Town Clerk the Mandarina South Specific Plan adopted by Ordinance No. 2023.026 (Scott S. Radden) Mayor Honea opened the public hearing at 6:51 PM. Senior Planner Scott Radden presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office and attached to these minutes as Exhibit D. Please see the presentation slides for details regarding the presentation, including maps depicting the rezoning request. Ms. Fairall then presented on the development agreement associated with the rezoning request. She explained that condition number 17 of the rezoning ordinance requires the developer to make an up-front payment of impact fees related to the Tangerine interchange improvement project, and that such an approach was consistent with what the Town has done with other developers in similar situations in recent years. The Regular Council Meeting Summary Minutes August 15,2023 Page 6 of 10 development agreement would require the developer to pay$340,000.00 up-front toward the Tangerine interchange improvement project, which would be subject to reimbursement through impact fee credits. If the improvements were completed before the developer received a building permit, then the developer would pay impact fees like other developments. Ms. Fairall noted that non-substantive changes were made to the ordinance and the development agreement after the agenda packed was published, and she highlighted the changes in redlined documents presented at the meeting. Copies of the redlined documents are on file with the Town Clerk's office and attached to these minutes as Exhibit E. Council Member Craig expressed concern about what would happen if the Central Arizona Project (CAP) did not give permission to the Town or to the developer to cross the CAP canal with Adonis Road. Public Works Director Fausto Burruel said that the Town will now be constructing Adonis Road and that he is confident that discussions between the Town and CAP will be positive in favor of allowing the crossing based on past conversations between CAP and the developer. He said a land bridge would likely be required to cross the CAP canal syphon area. Reese Anderson, an attorney with Pew & Lake, PLC, presented on behalf of Bela Flor, the developer of the Mandarina development. A copy of the presentation slides is on file with the Town Clerk's Office and attached to these minutes as Exhibit F. Mr. Anderson explained that a consent agreement between the landowners and the Bureau of Reclamation specified and provided rights for a crossing at Adonis Road. He said that, the way he read the agreement, it was not a question of if the crossing could take place, but rather what would the crossing look like. Mr. Anderson then showed several slides depicting the Mandarina South development concept. Please see the presentation slides for more details, including maps depicting the property. Council Member Craig requested the developer incorporate unique multi-family housing, such as townhouses, row houses, and multi-use. Council Member Officer asked what the developer was planning on constructing on the southeastern corner of the property covering part of the CAP canal syphon. Mr. Anderson said the developer was currently planning on installing parking with a Tesla charging station. Council Member Officer said CAP would not allow electrical lines in the ground over the syphon. Mr. Anderson said they would be in discussions with CAP and that no vertical structures would be located in that area. Regular Council Meeting Summary Minutes August 15,2023 Page 7 of 10 Council Member Ziegler requested that no carwashes or storage areas be added as part of the development. Mr. Anderson said that a lot of the concerns could be resolved with screening and other design elements. Council Member Ziegler asked what the timeframe was for development. Mr.Anderson said they were in a holding pattern and invited Mr. Hudd Hassell, President of Bela Flor, to explain the timeline further. Mr. Hassell said that many of their projects involve financing and that the Federal Reserve rate hikes have affected the developer's ability to obtain financing. He said they need to wait for costs to come down before proceeding. Mayor Honea closed the public hearing at 7:15 PM. Council Member Kai moved to adopt Ordinance No. 2023.026. Council Member Ziegler seconded the motion. Motion passed, 6-0. Council Member Kai moved to adopt Resolution No. 2023-084. Council Member Ziegler seconded the motion. Motion passed, 6-0. A4 PUBLIC HEARING on proposed Post Marana Pumpkin Patch Annexation, located southeast of the intersection of W Hardin Road and N Trico Road (Jason Angell) At 7:16, Vice Mayor Post declared a conflict of interest related to this item and recused himself from the dais. Mayor Honea opened the public hearing at 7:16 PM. Mr. Angell presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office and attached to these minutes as Exhibit F. Please see the presentation slides for maps depicting the property. Mr. Angell explained that, per statute, the blank annexation petition was recorded on July 17, 2023 and that this public hearing was taking place not less than 20 days and not more than 30 days after the recording of the blank petition, as required. He informed the Council that notice for the public hearing was published in the newspaper, posted on the proposed annexation area, and was mailed to the Chair of the Pima County Board of Supervisors and to all property owners in the proposed annexation area. Mr. Angell outlined the impacts to the Town of the proposed annexation,which include assuming the maintenance and repair of additional right-of-way adjacent to the property and the expansion of the Marana Police Department's service area. He said the property is serviced by a private well and private septic system. He informed the Council the Regular Council Meeting Summary Minutes August 15,2023 Page 8 of 10 property would need to obtain a conditional use permit to continue the outdoor amusement use as required under the Town Code. Council Member Ziegler complemented Vice Mayor Post's pumpkin patch operation and asked if Vice Mayor Post would need to apply for a conditional use permit multiple times, depending on how the property is used. Mr. Angell explained that as long as the uses are within the bounds of the issued conditional use permit, he would not need to return to renew or obtain a new or amended conditional use permit. Mayor Honea closed the public hearing at 7:23 PM. 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. Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney,concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). FUTURE AGENDA ITEMS Notwithstanding 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). Mayor Honea asked for future agenda items. There were no future agenda items. ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Council Member Craig and Council Member Kai moved to adjourn the meeting. Motion passed, 5-0. Meeting adjourned at 7:23 PM. Regular Council Meeting Summary Minutes August 15,2023 Page 9 of 10 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the regular Town Council meeting held on August 15, 2023. I further certify that a quorum was present. David L. Udall, Town Clerk .tdO)6. MARANA AZ ESTABLISHED 1977 Regular Council Meeting Summary Minutes August 15,2023 Page 10 of 10