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Home My WebLink AboutSpecial Council Agenda Packet 06/24/2004TOWN OF MARANA, ARIZONA SPECIAL COUNCIL MEETING AGENDA 13251 N. Lon Adams Road June 24, 2004 - 5:00 p.m. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mike Reuwsaat Welcome to this Special Marana Council Meeting. This agenda may be revised up to twenty-four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during the Special Council Meeting, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk prior to the commencement of the meeting. It is up to the Mayor and Council whether individuals will be allowed to address the Council. Ali persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting I any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Special Council Meeting, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted no later than June 22, 2004 by 7:00 o'clock p.m., at the Marana Town Hall and at www.marana.com under Town Clerk, Minutes and Agendas. TOWN OF MARANA, ARIZONA SPECIAL COUNCIL MEETING AGENDA 13251 N. Lon Adams Road June 24, 2004 - 5:00 p.m. I. CALL TO ORDER II. GENERAL ORDER OF BUSINESS Ordinance No. 2004.14: Relating to Eiectionsl orovidin~ for a special election concerning the referendum of Marana Ordinance No. 2004.14, the Willow Ridge rezonin~,: oroviding for printing and distribution of the publicity pamphlet~ and declaring an emergency. (Frank Cassidy) IlL ADJOURNMENT Bobby Sutton, Jr., Mayor 2 TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: June 24, 2004 TO: MAYOR AND COUNCIL FROM: AGENDA TITLE: Frank Cassidy, Town Attorney. Ordinance No. 2004.14: Relating to Elections; providing for a spe- cial election concerning the referendum of Marana Ordinance No. 2004.07, the Willow Ridge rezoning; providing for printing and distribution of the publicity pamphlet; and declaring an emer- gency. DISCUSSION This item sets a September 7, 2004, special election for consideration of the referendum filed against Marana Ordinance No. 2004.07, the Willow Ridge rezoning. It also authorizes the Town Manager, Town Attorney, and Town Clerk to do all things and take all actions necessary or de- sirable to accommodate the September 7 special election, including the preparation of a publicity pamphlet and the receipt of arguments for and against the rezoning. A copy of the proposed bal- lot language is attached. Under Arizona law, an ordinance setting a special election is itself a referable legislative act; consequently, an emergency clause has been added to eliminate the possibility of a referendum on the ordinance setting the special election. RECOMMENDATION Staff recommends adoption of Ordinance No. 2004.14 authorizing the Town Council to call a special September 7, 2004 Town election for consideration of the Willow Ridge rezoning refer- endum, and other related matters. SUGGESTED MOTION I move to adopt Ordinance No. 2004.14. BLU 040624 Special Election.doc FdC/cds 6/22/04 MARANA ORDINANCE NO. 2004.14 RELATING TO ELECTIONS; PROVIDING FOR A SPECIAL ELECTION CONCERNING THE REFERENDUM OF MARANA ORDINANCE NO. 2004.07, THE WILLOW RIDGE REZONING; PROVIDING FOR PRINTING AND DISTRIBUTION OF THE PUBLICITY PAMPHLET; AND DECLARING AN EMERGENCY. WHEREAS, the Town has received a successful referendum petition on Marana Ordi- nance No. 2004.07, the Willow Ridge rezoning; and WHEREAS, Marana Town Code Section 2-2-6 provides that a referendum matter may be voted on at a special election called by the Council; and WHEREAS, the Mayor and Council of the Town of Marana desire to place the Willow Ridge referendum on the September 7, 2004 ballot as a special election of the Town of Marana; and WHEREAS, A.R.S. § 19-124(E) provides that the ordinance providing for a special elec- tion shall make provision for printing and distribution of the publicity pamphlet in situations where a measure is submitted at a special election and time will not permit full compliance with the provisions of Arizona Revised Statutes Title 19, Article 3. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town of Marana hereby calls a special election on September 7, 2004, to consider the referendum on Marana Ordinance No. 2004.07, the Willow Ridge rezoning. SECTION 2. The Town Manager, Town Attorney, and Town Clerk are hereby directed and authorized to take such actions as are necessary or desirable to comply with all applicable laws and regulations relating to or necessary for the September 7, 2004 special election, includ- ing without limitation any and all activities related to the preparation, printing, and distribution of the publicity pamphlet and to the execution of contracts necessary for same. SECTION 3. The Town Clerk is hereby authorized and directed to place a public notice in the "Daily Territorial," notifying the public that arguments for and against the referendum measure will be accepted by the Town Clerk no later than 5 P.M. on July 7, 2004. SECTION 4. The Town Clerk is hereby authorized and directed to charge an amount of money to offset a portion on the proportionate cost of the paper and printing of the arguments received for and against the referendum measure, as provided in A.R.S. § 19-124(D). ORD #2004.14 Special Election FJC/cds 6/22/04 SECTION 5. The Town Clerk is hereby authorized and directed to provide a copy of this ordinance by registered mail to the party or parties responsible for the cimulation of the Willow Ridge referendum and the property owners and developers of the Willow Ridge property. SECTION 6. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adop- tion. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 24th day of June, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney ORD #2004.14 Special Election FJC/cds 6/22/04 -2- REFERENDUM ORDERED BY PETITION OF THE PEOPLE OFFICIAL TITLE Marana Ordinance No. 2004.07 Relating to development; rezoning the 104.6-acre Willow Ridge property along the south side of Cortaro Farms Road east of Hartman Lane and west of Star Grass Drive to R-6 (60.8 acres), R-16 (34.1 acres) and NC (9.7 acres). A "yes" vote shall have the effect of rezoning the 104.6-acre Willow Ridge property from "R-144" (Single Family Residential, 144,000 sq. ft. minimum lot size) and "R-36" (Single Family Residential, 36,000 minimum lot size) to 9.7 acres of "NC" (Neighborhood Commercial), 60.8 acres of "R-6" (Single Family Residential 6,000 sq. ft. minimum lot size) and 34.1 acres of "R-16" (Single Family Residential 16,000 sq. fi. minimum lot size), subject to 31 rezoning conditions, including development consistent with the Willow Ridge Development Agreement, which provides for contribution of at least $700,000 toward the design and construction of Cortaro Farms Road and payment of $10,035 per residential lot for roads, passive recreation, open space preservation, habitat restoration, disturbance mitigation and schools. A "no" vote shall have the effect of retaining the existing "R-144" (Single Family Residential, 144,000 sq. ft. minimum lot size) and "R-36" (Single Family Residential, 36,000 minimum lot size) zoning on the Willow Ridge property; and the conditions of the Willow Ridge rezoning, including the Willow Ridge Development Agreement, shall not come into effect. YESt2 NO~3 MSC 040624 Ballot Language 6/22/2004 9:42 AM