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HomeMy WebLinkAbout08/02/2005 Regular Council Meeting Minutes MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 2, 2005 PLACE AND DATE Marana Municipal Complex, August 2, 2005 A. CALL TO ORDER AND ROLL CALL Called to order by Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Present Present Present Present Present Present STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Assistant Town Manager Assistant Town Manager Town Attorney Town Clerk Present Present Present Present Present B. PLEDGE OF ALLEGIANCE AND INVOCA TIONIMOMENT OF SILENCE C. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member Comerford, the agenda was unanimously approved. D. CALL TO THE PUBLIC No one addressed the Council. E. PRESENTATIONS a. ANNOUNCEMENTS b. INTRODUCTIONS Frank Cassidy, Town Attorney, introduced Stephanie Saliba, the new legal assistant. Ms. Saliba has over 20 years of experience; she had six years with Tucson Unified School District, six years in the Criminal Division of the Arizona Attorney General's Office, as well as experience with the Department of Gaming and Pinal County Superior Court. c. PROCLAMATIONS Mayor Honea asked Jane Howell, Human Resources Director, to come forward. He announced that Ms. Howell is retiring from the Town of Mar ana after 10 years. The Mayor read a certificate of appreciation for Ms. Howell. Ms. Howell addressed the Council and said that it had been a wonderful 10 years, and that she had enjoyed working with the Council. She had enjoyed watching the Human Resources Department grow from its infancy to adolescence. She announced that she plans on being back. d. UPDATES MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 2, 2005 F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Escobedo thanked the community for the Christmas in July Event; he also thanked Breakers Water Park for use of the facilities, Town of Marana for support, Cottonwood Properties, Meritage Homes, Saguaro Ranch for their donation, as well as the public. It had been a wonderful event. Vice Mayor Kai announced that he will be attending the CA WCD meeting on August 4, 2005 in Deer Valley. He asked any Council Member of member of the public interested in attending to notify him. Mayor Honea thanked Council Member Blake for going to the RT A and P AG meetings the past week. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mike Reuwsaat, Town Manager, said that he had known Ms. Howell for eight years. He said that Ms. Howell had always had class and was always steady. He said he could always count on her and would continue to do so. H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2005-95: Relating to the Police Department; approving and authorizing the Mayor to execute a law enforcement grant agreement with the Arizona Criminal Justice Commission (Richard Vidaurri) 2. Resolution No. 2005-96: Relating to Development; approving a final plat for Gladden Farms Block 17 (Barbara Berlin) 3. Resolution No. 2005-97: Relating to Development; approving a final plat for Gladden Farms Block 21 (Barbara Berlin) 4. Resolution No. 2005-98: Relating to Development; approving a final plat for Parcels 56, 57 & 72 Continental Ranch (Barbara Berlin and Frank Cassidy) 5. Resolution No. 2005-99: Relating to Economic Development; authorizing an economic funding agreement between the Town of Marana and the Critical Path to Accelerate Therapies Institute (C-PATH); and declaring an emergency (Frank Cassidy) 6. Approval of Minutes for the regular meeting of the Mayor and Council held on July 19, 2005. Council Member McGorray read correction into the record for the July 19, 2005 minutes. On page three of the minutes, item 3, Council Member Blake was erroneously noted as having seconded a motion; on page five, item L.a, the words "motion by" were omitted. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, the consent agenda was unanimously approved with the changes to the minutes noted by Council MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 2, 2005 Member McGorray. (Council Member Escobedo abstained from voting on Consent Agenda item 4 due to a possible conflict of interest.) J. COUNCIL ACTION 1. Resolution No. 2005-100: Relating to Real Estate; establishing the Marana Public Art Center; approving and authorizing the Mayor to execute a lease and use agreement with the Marana Arts Council relating to the Marana Public Art Center; and declaring an emergency (Frank Cassidy) Mr. Cassidy addressed the Council and gave a brief introduction to the item. This was a lease for the Marana Public Arts Center, which had been completed. There is a little bit of site work that needed to be done, but otherwise it is ready. He noted that the agreement established certain minimum public hours of operation, as well as allowing for extension of the no-cost lease. The Town benefited by the operation of a public art center. Council Member McGorray announced that she had spoken to Mr. Cassidy earlier about voting on the item, since she served on the Board of Directors for the Arts Council. Mr. Cassidy clarified that she was allowed to vote due to the fact that, as an unpaid member of a non-profit corporation she was considered to have a remote interest, rather than a substantial interest. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Resolution No. 2005-100 was unanimously approved. 2. Resolution No. 2005-101: Relating to Real Estate; authorizing the acquisition by negotiation or condemnation of lands and property rights needed for Project No. 2002-58, Thornydale Road Improvements from Orange Grove Road to Canada del Oro Wash (Frank Cassidy) Mr. Cassidy addressed the Council and gave a brief introduction to the condemnation and acquisition resolution for the Thomydale Road, Orange Grove to the CDO Wash project. This resolution authorized Town staff to acquire the property rights needed for this project. At this point, the plans showed only temporary construction easements. The Town already had the right-of-way needed for the project. He announced that he had a map to show the Council if anyone wanted to see it. Vice Mayor Kai asked if the schedule would be jeopardized if it went to Court. Mr. Cassidy said he did not expect any condemnations since all of the rights were temporary construction easements. Upon motion by Council Member Blake, seconded by Council Member Allen, Resolution No. 2005-101 was unanimously approved. See attached e-mail clarification from Mr. Cassidy regarding the Thomydale Condemnation Resolution. 3. Resolution No. 2005-102: Relating to Development; approving and authorizing the execution of a second amendment to development agreement between the Town of Marana and Vulcan Materials Company (successor-in-interest to New West Materials) (Frank Cassidy) MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 2, 2005 Mr. Cassidy addressed the Council and gave a brief introduction to the item. He explained that the predecessor to Vulcan Materials, New West, was obligated to build a trail connection not later than October 2005. However, the trail into which it would connect was not built, so staff recommended to extend the time to construct the trail. Upon motion by Council Member McGorray, seconded by Council Member Blake, Resolution No. 2005-102 was unanimously approved. 4. Resolution No. 2005-103: Relating to development; approving a preliminary plat for Payson Farms (Barbara Berlin) Barbara Berlin, Planning Director, addressed the Council and said that this preliminary plat was for property rezoned December 2004. The lots in the property will average 7,000 square feet, with a range of 6,000 to 8,000 square feet. The preliminary plat consisted of 367 lots on 107 acres. The recreation area will exceed the size required under the development code. There were a number of contributions required under the development agreement; those will be pending the issue of building permit. Finally, she said that staffasked for two conditions on this. Upon motion by Vice Mayor Kai, seconded by Council Member Allen, Resolution No. 2005- 103 was unanimously approved with the recommended conditions. 5. Resolution No. 2005-104: Relating to Development; approving a preliminary plat for The Villas at Continental Ranch (Barbara Berlin) Ms. Berlin addressed the Council and said that this preliminary plat was for a 50 lot single family detached home on 18 acres in Continental Ranch. It was designated medium-high density on the Continental Ranch Specific Plan, with required minimum lot size of 4,000 square feet. The proposed project, however, required 6,000 to over 7,000 square feet. The project will have access off of Silverbell and Coachline Roads; it did meet the park and recreation requirement. Finally, it will pay the required impact fees. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Resolution No. 2005-104 was unanimously approved. K. ITEMS FOR DISCUSSIONIPOSSIBLE ACTION 1. Council Meeting times (Mike Reuwsaat) Mr. Reuwsaat said that the Town had a tremendous workload coming up and would be going to weekly meetings for at least two months. The Town Code had set Council Meetings for the first and third Tuesdays at 7:00 p.m. Staffhad prepared three possibilities of times for both regular Council dates where there might be study sessions before as well as for alternating Tuesdays. Council Member Comerford commented that staffhad left out the occasional fifth Tuesday; Mr. Reuwsaat responded that it would be done this month. Council Member Comerford said her concern was two-fold: that Council knew what time to be there and that the public would have time to arrive. She did not believe that a 5:30 time allowed for either. She thought that option three would allow everyone to know to be there at 7:00 p.m. every Tuesday. Council MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX AUGUST 2, 2005 Member McGorray said she agreed with Council Member Comerford that having a uniform time was very important. Mr. Reuwsaat read option three for the public. Upon motion by Council Member Comerford, seconded by Council Member Blake, Option 3, setting all meetings at 7:00 p.m. every Tuesday was unanimously approved. L. BOARDS, COMMISSIONS AND COMMITTEES 1. Resolution No. 2005-105: Relating to Boards and Commissions; approving the appointments of , and to the Planning & Zoning Commission (Mike Reuwsaat) (See related Executive Session Item M. 2) Mayor Honea announced that Council would go into executive session. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the Council unanimously voted to adjourn and reconvene in executive session. The time was 7:27 p.m. The Council returned to the dais at 7:59 p.m. Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, Resolution No. 2005-105 was unanimously approved, appointing Jon Post, Jack Noble and John Dailey to the Planning and Zoning Commission, with terms expiring June 30, 2009. Mayor Honea congratulated the three appointed. Jocelyn Bronson, Town Clerk, gave the oath of office to the newly appointed members of the Planning and Zoning Commission. M. EXECUTIVE SESSIONS. 1. 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. 2. Executive Session. Pursuant to A.R.S. ~38-431.03 (A)(I), to discuss the appointment of candidates for the vacancies on the Planning & Zoning Commission (see Item L. 1). N. FUTURE AGENDA ITEMS O. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the Council voted unanimously to adjourn. The time was 8:02 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 2,2005. I further certify that a quorum was present. ~"""rr,,,~ ~~OF~~ ~~~~ ~ ~~"tof\~~~Tt ~ S lSEAL i 'i "'II ~ ~Z~/Z~ 1~~~ *'/1111"\'. Tim Mattix From: Sent: To: Cc: Subject: Frank Cassidy Wednesday, August 03, 2005 8:56 AM Town Council Distribution List Mike Reuwsaat; Jocelyn Bronson; Tim Mattix Thomydale Condemnation Resolution Dear Council Members: I realize that I misspoke in my oral presentation last night concerning the Thornydale condemnation resolution. I stated that only temporary construction easements were contemplated for acquisition at this time. However, as Resolution No. 2005-101 correctly notes, there are also some rights-of-way and slope easements that are needed for the project. My review of the current right-of-way plans for the project reveals that the theme of my presentation was correct -- the property rights the Town needs to acquire for this project are minimal, and most of the right-of-way needed for the project is already owned by the Town. Even in the unlikely event that the Town will need to file one or more condemnation actions to acquire the needed property rights, the acquisitions should not delay the construction of the project. I apologize for my error. -- Frank To ensure compliance with the Open Meeting Law, recipients of this message should not forward it to other members of the Council. Members of the Council may reply to this message, but they should not send a copy of the reply to other members 1