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HomeMy WebLinkAbout05/20/2003 Regular Council Meeting Minutes.MINUTES OF REGULAR COUNCIL MEETING ~:= MAIZANA TOW1Y HALL .MAY 20, 2003 PLACE AND DATE Marana Town Hall, May 20, 2003 I. CALL TO ORDER By Mayor Sutton at 7:03 p.m. II. PLEDGE OF ALLEGIANCE Led by representatives from Boy Scouts of America Troop # 2 and Cub Scouts of America Pack # 219 III. INVOCATION/MOMENT OF SILENCE Mayor Sutton informed the audience that Council Member Blake was seriously ill and was currently in intensive care at Northwest Hospital. The Mayor asked that a moment of silence be observed for the Council Member's speedy return to good health. IV. ROLL CALL COUNCIL ~~ Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray STAFF Michael Hein Michael Reuwsaat Thomas Benavidez Jocelyn Bronson Jim DeGrood Mayor Present Vice Mayor Excused Council Member Excused Council Member Excused Council Member Present Council Member Present Council Member Present Town Manager Present Assistant Town Manager Present Town Attorney Present Town Clerk Present Development Services Administrator Present Attached is a list of public attendees. MINUTES OF REGULAR_COUNCIL MEETING MfARANA TOWN HALL MAY 20, 2003 V. APPROVAL OF AGENDA Upon motion by Council Member Honea, seconded by Council Member McGorray, the agenda with changes was unanimously approved. The changes were that Consent Agenda Item A. 1. Resolution No. 2003-45 was moved to the first item heard under Council Action and that Consent Agenda Item A. 3. Resolution No. 2003-57 be pulled from the agenda and continued indefinitely. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member McGorray, seconded by Council Member Honea, the minutes of the April 29, 2003 Budget Study Session, the minutes of the May 6, 2003 regular Council meeting, and the minutes of the May 6, 2003 Budget Study Session were unanimously approved. VII. CALL TO THE PUBLIGANNOUNCEMENTS The first grade students who led the Pledge of Allegiance earlier in the meeting .~.,. were introduced before Council. The two boys, Milton Guerrera and Brandon Miller, were in attendance to earn their government and community service badges and represented Boy Scout Troop #2 and Cub Scout Pack # 219. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 2. Resolution No. 2003-49: Releasing the Assurance Agreement for Continental Ranch Parce163A, Trust No. 4939, for Lots 1 through 4 and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) Earlier in this meeting, Consent Agenda Item A. 1. Resolution No. 2003-45 was moved to the first item to be heard under Council Action and Consent Agenda Item A.3. Resolution No. 2003-57 was removed from the agenda and continued indefinitely. 2 MLNUTES OF REGULAR COUNCIL MEETING l~IARAN A TOWN HALL i~IAY20, 2003 Upon motion by Council Member Honea, seconded by Council Member McGorray, the consent agenda as amended was unanimously approved. B. COUNCIL ACTION A. 1. Resolution No. 2003-45: Safeway Shopping Center Final Plat: An application for a request of final plat approval for the creation of a commercial subdivision on a 19.75-acre site consisting of six lots, located at the southeast corner of Silverbell and Twin Peaks Roads on Parcel 20 of the Continental Ranch Specific Plan, in a portion of Section 20, Township 12 South, Range 12 East (Joel Shapiro) Jim DeGrood presented this item before Council. He said that the project, consisting of six lots, was too large for the Safeway anchor store to occupy alone. He reported that other proposed developments such as a gas station, auto parts store and a number of shops and restaurants, were planned for the site. ,,,..,. Margo Carey, resident and Sunflower homeowner, spoke before Council regarding this item. She stated that, while not opposed to the Safeway development at the Silverbell location, she was unhappy that she was not made aware of its planning at the time of her home purchase. She said that she was alarmed at the extent of the light pollution and of the building height of the Safeway store. She commented that she had lost all privacy in her backyard and requested that the lighting be adjusted to a lower impact level. She also inquired if a different type of lighting could be considered such as yellow lighting specifically geared to lowering light pollution. She mentioned that she would also like to see additional landscaping, particularly larger trees, placed in the medians as well as throughout the commercial property. She asked if the height on the separating wall between the commercial development and the residential area could be raised. Ms. Carey concluded by saying that the Safe~~ay development had negatively impacted the Sunflower neighborhood and had possibly lowered residential property values in the surrounding area. Mayor Sutton asked Mr. DeGrood to respond to Ms. Carey's questions. Mr. DeGrood said that representatives from the Sunflower community and from Pulte Homes had been in contact with Safeway and that discussions were ongoing regarding possible modifications to the 3 MINUTES OF REGULAR COUNCIL MEETING MARANA~ TG~'N HALL l~ZAY 20, 2003. separation walls and to the landscaping. He said that he did not have any specific information to report at this time but would be happy to look into the matter and present his findings at a later date. He continued by saying that the commercial lighting at the Safeway Shopping Center was in compliance with the Towri s new lighting code but that he would review it with the Building Official. He added that he would also contact Safeway officials and propose possible solutions to the light pollution issues such as adjusting the store's hours of operation, fixture replacements, and a review of the light shields for their adequacy. He said that the Safeway building, scheduled to open on May 23rd, was operating under a Temporary Certificate of Occupancy and additional leverage for Code adherence was in force. He assured the resident that Safeway would continue to work with the Town on these issues. Mr. Hein suggested that Council direct Town staff to review the compliance with all lighting, landscaping and building height regulations and to report back to the Council with their findings within a week. He said that, if deemed appropriate, the Mayor's office could request a meeting with Safeway representatives at that time to discuss further negotiations regarding these issues. Mayor Sutton agreed with the Town Manager and commented that, in the past, negotiations had produced partnerships which handled neighborhood issues such as light pollution. Council Member Honea commented that it was obvious from the photographs of this project that the traffic and lighting generated by the Safeway Shopping Center would impact the Sunflower neighborhood's quality of life and he hoped that adequate changes would be made to afford more privacy to the residents. Upon motion by Council Member Honea, seconded by Council Member Escobedo, Resolution No. 2003-45 was unanimously approved. 4 - MINUTES OF REGULAR COUNCIL MEETING 11Z.ARANA TOWN HALL .- _ . ~....:, Mt1Y 20 2003 B. 1. PUBLIC HEARING: Ordinance 2003.10 and Resolution No. 2003-53 - Proposed amendment to the Land Development Code of the Town of Marana, by amending TITLE 5 ZONING, establishing the R-10, R-12, R- 20, R-80 and RD-180 districts and accompanying development regulations; by modifying and adding Development Standards in all the residential districts; defining permitted, accessory, conditional, temporary and prohibited uses; and changing TITLE 8 BUILDING CODE to TITLE 8 GENERAL DEVELOPMENT REGULATIONS and adding provisions to allow an increase to building heights by Town Council approval in TITLE 8, to the Land Development Code and, declaring Titles 5 and 8 as amended public record Qoel Shapiro) Mayor Sutton opened and closed the public hearing. There were no speakers from the public regarding this item. Mr. Hein addressed the Council and congratulated Mr. Shapiro and the Planning department staff for the hard work associated with the proposed amendments to the building code and the development code. He reported that additional text revisions specifically dealing with the allowance of alternatives to building heights had been made and that a handout had been distributed to the Council for their consideration. That handout has been made a permanent part of this record. Mr. Shapiro continued with the presentation before Council regarding this item. He gave a brief history of the proposed amendments and said that there were substantial amendments to the Land Development Code precipitated by the ongoing discussions regarding building height. He added that it was also an amendment that was underway well before the building height issue surfaced. He gave a brief overview of the code and said that the changes would provide a much clearer, more comprehensive, and more consistent set of development standards. He explained that the amendments provided more flexibility in the types of development and the quality of the development that could be accommodated within the Marana community in the future. Upon motion by Council Member. McGorray, seconded by Council Member Escobedo, Ordinance No. 2003.10 and Resolution No. 2003-53 as amended were unanimously approved. 5 MINUTES OF REGULAR COITNCIL MEETING M~FAN a TOWN HALL _.:_~MAY 20, 2003 2. Resolution No. 2003-42: San Lucas Preliminary Block Plat: An application for approval of a Preliminary Block Plat fora 291.97 acre Master Planned Development located east of I-10, north of Adonis Road, and west of the CAP canal, in a portion of Section 22, Range 11 East, and Township 11 South. This item was continued from the May 6, 2003 Council meeting due to concerns that were raised regarding alternative access issues. Mr. DeGrood presented this item. He said that the existing alternative access available for this project had been reviewed and that it was a viable alternative access. He said that there were additional improvements stipulated to within the development agreement including the paving of Postvale Road which will provide an exit roadway to the Adonis community which was currently reliant on a single rail crossing. He added that the developer had warranted the provision of an improved, four-lane rail crossing at Marana Road, from the existing terminus east across the I-10 Frontage Road and the Union Pacific Railroad tracks, with the roadway continuing east to connect to the Marana Road Extension. Council Member Honea voiced his concern with the renaming of Cochie Canyon Trail to Marana Road as indicated on the map and backup materials. He said that the existing Marana Road was not aligned with Cochie Canyon Trail. T'he applicant, Bob Zammit, responded and explained that the Pima County Addressing department had requested that the roadway in question be named Cochie Canyon Trail because of the road's continuity with the existing Cochie Canyon Trail roadway. Council Member Honea inquired about a potential for problems with the exclusion of the 4.32-acre section associated with this master planned development. Mr. DeGrood responded by saying that he had spoken with the property owner and that no rezone movement had been made regarding the "island" parcel. He said that it was logical to bring the property into the Town's boundaries with a zoning designation consistent with the surrounding area. He said that responsibility for roadway maintenance of the area in question had already been assumed by the Town. 6 -' MINUTES ©F REGULAR COUNCIL MEETING ~' , ` MARANA TOWN HALL r ~ MAY 20, 2Q03 Council Member Escobedo asked about the naming of Marana Road and pointed out the fact that it was still known as Trico-Marana Road. Mayor Sutton asked for a continuance on this item until such time as input from Council Members Blake and Comerford had been added to the discussion. He said that both Council members had been heavily involved in the progression of this item. Mr. Hein suggested that a continuance with anon-specific date was not advisable because of the legal posting for public hearing. He said that the clarification regarding roadway naming would be researched by Town staff and that he was comfortable with the conditions present in the San Lucas development agreement. He added that the Towri staff was pleased with the ADOT negotiations regarding the State's contributions toward the I-10/Marana Road off ramp and frontage road. He remarked that the San Lucas project represented the first new development on the east side of the Interstate and, in time, the improvements made to that connection of Cochie Canyon Trail would be substantial. He pointed out that, ~~ eventually, the Doerken development, La Mirage Estates, would be implementing connectivity as well with their requirement for alternative access connecting to Tangerine Road. He assured the Council that there would be complete connectivity for this area when all requirements were met by each development. Mr. DeGrood stated that he and Council Members Blake and Comerford had driven the roadway in question, Cochie Canyon Trail, to make sure that it was passable and that there was safe, alternative access. He said that the road was well-maintained and both Council members were satisfied with its condition. He further stated that there had not been any opportunity for him to discuss the suggested motion and staff report with Council Member Blake as the evening of this ride was the evening on which Mr. Blake fell ill. There was no second to the Mayor's motion to continue this item. The motion failed. A lengthy discussion followed regarding the excluded property and alternative access roadways. A general consensus to .further research the possible annexation of the excluded property was reached. 7 MINUTES OF"REGULAR COUNCIL :MEETING MAItANA,TO«'N HALL 11IAY 20, 2003 Upon motion by Council Member Escobedo, seconded by Council Member Honea, Resolution No. 2003-42 was unanimously approval. 3. Resolution No. 2003-41: Approval of Railroad Crossing Agreement with Union Pacific Railroad for the improvement and relocation of the Cochie Canyon Trail railroad crossing. Mr. DeGrood said that this item was afollow-up on the previous item, the San Lucas Preliminary Plat, and was an agreement with the Union Pacific Railroad to construct a new rail crossing in the alignment of Cochie Canyon Trail as it was extended to the I-10 interchange. He said that the agreement was consistent with the San Lucas plat approved by the prior motion and called fora $440,000 expense for the construction of a four- lane rail crossing which would support all of the future developments in the area. He commented that the Town would ultimately own the right- of-way adjacent to the rail crossing. Upon motion by Council Member Honea, seconded by Council Member McGorray, Resolution No. 2003-41 was unanimously approved. 4. Discussion/Direction: Request for Council approval to make application for approximately 46 acres of State Trust Land adjacent to Airport for the purpose of developing ingress and egress routes necessary for future commercial development (Dick Gear) Mr. Reuwsaat presented this item before Council and said that this action was in anticipation of a proposed jet center operation. He said that it was essential for the Town to acquire the ingress/ egress for the utilization of the 46-acre parcel. Upon motion by Council Member McGorray, seconded by Council Member Honea, authorization for Town staff to make application for the purchase of State Trust Land was unanimously approved. 8 MINUTES OF REGULAR COUNCIL MEETII~7G n,I~RANA TOWN I-TALL ~_ MAY 20, 2003 5. State Legislative Issues - Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Hein) Michael Racy, lobbyist, informed the Council at length on the State Legislature's pending legislation associated with Town interests. He reported that HB 2119, signed by Governor Napolitano on May 5, 2003, provided for a new expedited procedure for annexing county islands of 10 acres or less. He said the procedure was essentially by Council resolution as long as there were no objections from the associated county or property owner. He said that, overall, there were fewer bills introduced this year than in many years past and that this was attributable to the number of new members in the State Legislature and to the severe State budget crisis. He highlighted the land use legislation and reported that there was no significant erosion of local control. He related that there were several water related provisions with one dealing with multi jurisdictional water districts that the Town of Marana Water utility might use in cooperation with surrounding water providers. He explained that this was a new discretionary authority that might be useful for the southern Arizona region. He said that amendments to the Central Arizona Water Conservation District rules and regulations were approved and that these would be indirectly beneficial to local jurisdictions. He continued by saying that there were three new provisions for establishing a population of cities and towns and that it was important to Marana because it determined the amount of shared revenue the Town would receive as well as the sales, income and gas taxes. He commented that, in a fast growing community such as Marana, the Town might want to avail itself of these provisions prior to the next decennial census. Mr. Racy reported that another bill that made it through the legislative process was a bill regarding flexibility to set the number of signatures necessary to qualify a referendum petition. He explained that the bill would have allowed cities and towns to set new and higher requirements for signatures. He related that the Governor vetoed the bill but that he suspected that the League of Arizona Cities and Towns would go back before the Legislature with a revised version. He concluded by stating that the primary interest of Marana was with the State budget and that the budget crisis was not even close being resolved. 9 MINUTES OF REGULAR C4UNGIL MEETING - ~ MARINA TOWN HALL ~ . NiAY20, 2003 C. MAYOR AND COUNCIL'S REPORT There were no reports given at this time. D. MANAGERS' REPORT There were no reports given at this time. X. UPCOMING EVENTS There were no upcoming events announced at this time. XI. FUTURE AGENDA ITEMS There were no items suggested for placement on a future agenda. XII. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Honea, approval to adjourn was unanimous. The time was 8:00 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 20, 2003. I further certify that a quorum was present. ~~ ~~~N~~~u~~~~~ cel n B onson, Town Clerk ~ °~~ ` `~~ .pro ~~ .. '° -; +®° ~~d~r `c` " ~a ~,T ~ ~sRA~F ',~".~R , ~~ Carr ^~ - ~\ ;. e .,~j `~ 10