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HomeMy WebLinkAbout09/19/2005 Regular Council Meeting Minutes MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 19,2005 PLACE AND DATE Marana Municipal Complex, September 19, 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 Tim Mattix Town Manager Assistant Town Manager Assistant Town Manager Town Attorney Town Clerk's Office Present Present Present Present Present B. PLEDGE OF ALLEGIANCE AND INVOCA TIONIMOMENT OF SILENCE Led by Mayor Honea. C. APPROVALOFAGENDA Upon motion by Council Member McGorray, seconded by Council Member Escobedo, the agenda was unanimously approved. D. CALL TO THE PUBLIC There were none. E. PRESENTATIONS Brianna Gruenwald with the Marana Junior Rodeo Association (MJRA) thanked the Mayor, Council and Parks & Recreation for support and dedication. She presented a check for $200.00 for the Hurricane Katrina Relief Fund, and invited to the next rodeo on Saturday October 22, 2005, and to the awards banquet on Friday, November 11, 2005, at 6:00 p.m. at the Lazy K Guest Ranch. Mayor Honea explained that the MIRA is a group of young people and adults that help young people in the community. Mayor Honea had attended their events, and said they are great for families and the community. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 19,2005 F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray stated that Mayor Honea, Council Member Escobedo and she had attended the Metropolitan Pima Alliance Community Awards. Brad DeSpain, Utilities Director was mentioned and Charlie Magnum, Airport Director, received an award for the infrastructure leading into the airport. Council Member Escobedo announced that he had also attended the dinner. He had represented the Town of Marana for the National Association of Latino Elected Officials Economics Conference held in Denver last weekend to learn about economic development, including affordable housing and work force education. Council Member Comerford said she wanted to correct a couple of things. At the last meeting there were a couple of residents upset about the water rates increase. She said that we live in the desert and have to protect the water, and the people that are conserving water. The people who are high water users need to be charged. One of the residents met with the town officials in the water department and found that with his two meters the first meter would actually have a decrease for the year and the second meter would have an increase of $1.00 or more a month. He said that he will recall the Council at the cost of $15,000.00 to the tax payers. The second resident accused the FBI of not completing their investigation with the Town, and said that the Council were crooks that needed to be investigated. This person was contacted by the water department and never called back. Her meter will actually decrease if she continues with the same usage. Yet this resident filed today for referendum to appeal the water increase rates, again costing the residents of this town $15,000.00 for an election. Finally, she referred to a newspaper ad by Southern Arizona Homebuilders Association (SAHBA) that said new construction has to pay for roads, police, fire and parks. She said the untruth in the ad was that new home owners pay more in fees, surcharges and taxes than the actual cost of improvements. Mayor Honea said the Oro Valley State of the Town was a nice event, and Mayor Loomis gave a good speech. He also attended the Metropolitan Pima Alliance. One of the Alliance's philosophy is reaching common ground with many entities, including FAA, TOM, private sector and the county. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mike Reuwsaat, Town Manager, said there will be meetings on the new Town Center Plan, Northwest Area Plan and the Circulation plan. Staff will be in Mesa for The League of Arizona Cities and Towns, where Council Member Blake will handle the resolutions and Council Member Escobedo the flag and the business community. H. STAFF REPORTS Mayor Honea added that he and Council Member McGorray attended the Marana Unified School District Board meeting. The Town will be sharing this building with MUSD on the second and fourth Thursday of every month at 7:00 p.m. The Town's relationship with the school district is as good now as it has ever been. Mr. Reuwsaat added a reminder about the Council's schedule for the next two months. Regular meetings will be on October 4,2005 and October 18,2005, with a study session on MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 19, 2005 October 25 2005. Regular meetings in November will be on November 1,2005, and November 15, 2005, and a study session on November 8,2005. There will be a joint meeting with Oro Valley on November 9,2005, at the Marana Municipal Complex to discus areas of mutual concern. GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2005-121: Relating to Development; approving and authorizing an amended final plat re-subdivision of lots 266, 268 and 269 and Common Areas "A" and "B" for the Preserve II at Dove Mountain. (Barbara Berlin) 2. Resolution No. 2005-122: Relating to Development; approving and authorizing a final plat for Gladden Farms Blocks 18 and 20 (Barbara Berlin) 3. Approval of Minutes for the regular meeting of the Mayor and Council held on September 6, 2005. Vice Mayor Kai abstained from item 3. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda was unanimously approved. J. COUNCIL ACTION 1. Resolution No. 2005-123: Relating to Development; approving and authorizing a preliminary plat for Gladden Farms Block 19 (Barbara Berlin) Barbara Berlin, Planning Director, addressed the Council and said Gladden Farms Block 19 is a 46-10t single family detached home subdivision. Gladden Forest does not have a builder yet, but will review all plans. All requirements had been met and exceeded. There was no on-site park requirement, but the builder proposed a recreation area for a portion of the common area. Upon motion by Council Member McGorray, seconded by Council Member Allen, Resolution No. 2005-123 was unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 19,2005 2. PUBLIC HEARING. Ordinance No. 2005.18: Relating to Development; approving and authorizing amendments to Land Development Code Title 05.10.07-.12; Zoning and Title 8.06; Residential Design (Barbara Berlin) Mayor Honea declared the public hearing open. Ms. Berlin addressed the Council and said that she had met with members of SAHBA regarding modifications. Council had directed to proceed in a normal adoption manner, which meant it will be effective 31 days after adoption of the ordinance. The residential portion will be effective 90 days after adoption. Council Member Escobedo asked Ms. Berlin to explain the effective date. Ms. Berlin replied that ordinances become effective 31 days after adoption. The residential portion is a compromise of 90 days. SAHBA had requested to make it the first of January, 2006. Frank Cassidy, Town Attorney, clarified that the ordinance would become effective on the 31 st day after adoption, but the applicability section 8.06.02 explains that the residential design standards will apply starting January 1, 2006. Hearing or seeing no one who wished to speak, Mayor Honea declared the public hearing closed. Upon motion by Vice Mayor Kai, seconded by Council Member Escobedo, Ordinance No. 2005.18 was unanimously approved. Mayor Honea and Mr. Reuwsaat stated that staff and builders had put in thousands of hours on this document and finally agreed to adopt it. In the future, the ordinance can be tweaked if necessary. Council Member Escobedo complimented everyone involved for the many hours spent on bringing this forward. 3. PUBLIC HEARING. Ordinance No. 2005.19: Relating to Development; adopting a specific plan amendment for The Pines Phase n (Barbara Berlin) Mayor Honea declared the public hearing open. Council Member Allen declared a conflict on this issue and left the dais, per instructions from Mr. Cassidy. Ms. Berlin presented an amendment to the Continental Ranch Specific Plan. The Planning Commission recommended approval on July 27,2005. The request would amend the specific plan and the land use plan. The parcel affected will be consolidated in one new parcel and this amendment applied to that parcel only. The land use plan amendment will change the designation from commercial and MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 19,2005 residential recreation to medium high density. The maximum building height will be increased from 30 feet to 36 feet maximum. The plan includes private streets with reduced width and limited parking on one side of the street. The Northwest Fire District did grant a recommendation for approval. Hearing or seeing no one who wished to speak, Mayor Honea declared the public hearing closed. Council Member Escobedo commended staff and Pacific Homes for all of their hard work. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Ordinance No. 2005.19 was unanimously approved (Council Member Allen abstained due to a conflict of interest.) 4. Ordinance No. 2005.20: Relating to Utilities; Amending the Marana Town Code by adding new Chapter 16 entitled "Utilities Board", Creating the Utilities Board of the Town of Marana and setting forth the Duties of the Board; providing for repeal of conflicting ordinances; and providing for severability (Frank Cassidy) Mr. Cassidy addressed the Council and said the proposed ordinance was designed to place the town in a position to seek Parker Davis Power. The Utilities Board will be made up of the Utilities Director, various Town staff, Waste Water, a citizen, and a Council Member appointee. This will be by a separate resolution. Upon motion by Council Member McGorray, seconded by Council Member Comerford, Ordinance No. 2005.20 was unanimously approved. Mr. Reuwsaat said the Town has an application in for this. If successful it will reduce the rate per kw. Mr. Reuwsaat stated that it will be used to run Town Hall, parks and other facilities. 5. Resolution No. 2005-124: Relating to Utilities; Making Town Council Appointments to the Town of Marana Utilities Board. (Frank Cassidy) Mr. Cassidy addressed the Council and said that this resolution carries out the appointments that were provided for in the previous ordinance. Staff proposed the appointments of George Brinsko for Waste Water, Steve Wacker as the citizen representative, and Council Member Bob Allen as the Council representative. The chair was left open for the Council's decision. Mr. Cassidy responded to Vice Mayor Kai and said that Mr. Brinsko had agreed to serve. Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, Resolution No. 2005-124 was unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 19, 2005 Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, Steve Wacker was unanimously named as Chairman of the Utilities Board. 6. Ordinance No. 2005.21: Relating to Real Estate; approving an exchange of real property located in the Gladden Farms Development Project; authorizing the Mayor to execute a real estate exchange agreement with Gladden Forest L.L.C., and any other documents necessary to accomplish the exchange (Frank Cassidy) Mr. Cassidy addressed the Council and said that this ordinance prepares a land exchange with Gladden Farms. He explained that the property line is close to the building and that Gladden Forest agreed to an exchange to allow the Town more room next to the building. The sizes are exactly identical and in the same immediate area, and staff noticed the exchange as required by state law. Upon motion by Council Member McGorray, seconded by Council Member Allen, Ordinance No. 2005.21 was unanimously approved. K. ITEMS FOR DISCUSSION/POSSmLE ACTION There were none. L. BOARDS. COMMISSIONS AND COMMITTEES 1. Relating to Floodplain Management: Presentation of a request for a variance from Title 21, Floodplain and Erosion Hazard Management Code, for property located at 14475 W. Imogene Place. Continued from the meeting of August 16,2005. (Keith Brann) Mr. Reuwsaat asked forthis item to be continued again to November 15, 2005. Upon motion by Board Member Escobedo, seconded by Board Member Blake, the item was unanimously continued to the November 15, 2005, Board meeting. Council Member Comerford announced that anyone with questions about their water bill should contact the Water Department. 94% of the customers will have a decrease in their bill. Mr. Reuwsaat added that staffwould be happy to go out and meet with customers. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 19, 2005 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. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the Council unanimously agreed to go into Executive Session at 7:41 p.m. The Council returned to the dais at 7:48 p.m. Upon motion by Council Member McGorray, seconded by Council Member Allen, the Council unanimously approved the Town Attorney to bring legal action, on the Town's behalf, against Qwest relating to utility relocation objections, particularly the Qwest utility relocations required for the Town's Cortaro Farms Road construction project from the Union Pacific Railroad to Star Grass Drive. N. FUTURE AGENDA ITEMS There were none. Mayor Honea announced that some Council members would be gone on Tuesday and all would be gone the remainder of the week. O. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the Council voted unanimously to adjourn. The time was 7:49 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 19, 2005. I further certify that a quorum was present. ~~ Tim Mattix for Jocelyn C. Bronson, Town Clerk . "~ ,:< 'ii: ~\S~Of ~...~ ~~~~'..r"" , ~~t~o~~ ~ - :;; SEAL'" - ~ ~ I ;;: iI"!: ~~ _...~ ~ ~ ~J!11I"1~ .if ~1'7'IZ.19~~~ "/llllll'\\~