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Home My WebLink About12/17/2002 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCiL MEETING MARANA TOWN HALL DECEMBER 17, 2002 PLACE AND DATE Marana Town Hall, December 17, 2002 I. CALL TO ORDER By Town Clerk Jocelyn Entz at 7:03 p.m. Mayor Sutton and Vice Mayor Kai were both absent from the dais. Pursuant to the Marana Town Code Section 2-4-3, the Clerk called the meeting to order and requested a motion from the Council Members present to elect a temporary presiding officer. Council Member Escobedo moved to select Council Member Honea as the temporary presiding officer. Council Member Blake seconded the motion, which was unanimously passed. The Clerk then handed the gavel to Council Member Honea. II. PLEDGE OF ALLEGIANCE Led by Council Member Honea III. INVOCATION/MOMENT OF SILENCE Presided over by Council Member Honea IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Excused Herb Kai Vice Mayor Excused Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Hein Town Manager Present Mike Reuwsaat Assistant Town Manager Present Dan Hochuli Town Attorney Present Jim DeGrood Development Services Admin. Present Jocelyn Entz Town Clerk Present Joel Shapiro Planning & Zoning Director Present Attached is a list of public attendees. hIINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL u DECEMBER 17, 2002 APPROVAL OF AGENDA Upon motion by Council Member Comerford, seconded by Council Member Blake, the agenda as written was unanimously approved. ACCEPTANCE OF MINUTES Upon motion by Council Member Comerford, seconded by Council Member McGorray, the minutes for December 3, 2002 were unanimously approved, with Council Member Comerford abstaining from the vote due to her absence at that meeting. CALL TO THE PUBLIGANNOUNCEMENTS Ron Smith, Parks and Recreation Director, presented the Council with a plaque representing the 2002 Creative Award from the Arizona Parks and Recreation Association, Leisure Benefits Branch. Mr. Smith noted that this was a great honor, as the award was for the inclusion program which was sponsored by a grant. Last year was the first lime the program had been offered by the Town, and 21 participants had been enrolled. Ellen Shopes, representing Richmond Estates in Continental Ranch, read a letter into the record, a copy of which is attached to these minutes, thanking the Council and Jim DeGrood for the resolution of several erosion issues that had occurred over the past two years affecting their neighborhood. Council Member Escobedo invited the Council and public to the Miracle on 31St holiday event, being held December 24, 2002 from 9:00 a.m. to 2:00 p.m. at the Marana High School. This annual festivity benefits needy families from the area and approximately 7,000 children are expected to attend. He asked the Council and community for donations of gifts and food. The sponsors providing the meals and soft drinks included the Silver Saddle Restaurant, The Coca-Cola Bottling Company and the Marana Food Bank. Council Member Escobedo also requested donations for the Marana Food Bank during the holidays. He reported that supplies at the organization were low and any support from residents would be greatly appreciated. 2 MINUTES OF REGULAR Ct)UNCIL MEETING MARAIKA TQWN HALL ~~.. DECEMBER i7, 2002 STAFF REPORTS There were no questions regarding staff reports presented to Council at this meeting. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. DiscussionlDirection: Vallev of the Sun Manufactured Home and Recreational Vehicle Park: A request by Albert Spall for temporary authorization to park recreational vehicles in vacant manufactured home spaces. The subject property is located at 13377 N. Sandario Road, within a portion of Section 28, T11S, R11E (Dan Hochuli) 2. Resolution No. 2002-143: Extension of the conditioned time frame for the abandonment and exchange of the one-foot no access easement located in the Embassy Plaza, Lots 1-3 Plat as recorded with Pima County Recorder's office in book 24, Page 38 of Maps and Plats (Farhad Moghimi) 3. Resolution No. 2002-146: Land Exchange between the Town of Marana and Reyher Partnership and Marana 348 Limited Partnership (Jim DeGrood) 4. Resolution No. 2002-147 -Release of Assurances: Performance Bond for Improvements to Continental Ranch Parcel 51 (Jim DeGrood) 5. Resolution No. 2002-148: Farm Field Five Preliminary Plat Waiver of Conditions (Jim DeGrood) Upon motion by Council Member Escobedo and seconded by Council Member Blake, the Consent Agenda was unanimously approved. B. COUNCIL ACTION 1. PUBLIC HEARING: Ordinance No. 2002.28 and Resolution No. 2002- 145: Proposed amendment to the Land Development Code of the Town of Marana, by adding SECTION 05.11.08 MIXED-USE ZONE, to the Land Development code and, declaring Title 5 as amended a public record. {Joel Shapiro) Council Member Honea declared the meeting to be in a public hearing. 3 MINUTES OF REGULAR C4UNCII. MEETING MARANA TQWN HALL ..... DECEMBER 17, 2002 Joel Shapiro addressed the Council regarding this item. He said that the primary purpose of the mixed-use zoning designation was to promote and regulate existing low density mixed uses in areasof Town where public utilities and facilities were limited. He explained that the new designation was intended to be used only where existing mixed uses were historically located and in the areas transitioning into more intensive uses. Mr. Shapiro gave a brief history of the development of the mixed-use zoning designation and stated that Town staff had tried to be thorough in its study of the proposed standards and regulations. He reported that the draft amendment included specific performance and development standards, general development standards, and sign standards. He added that all new development in existing mixed-use areas must conform to grading, parking, landscaping and other standards as required by the Town of Marana Land Development Code. There were no questions or comments from the public regarding this item, and Council Member Honea declared an end to the public hearing. Upon motion by Council Member Blake, seconded by Council Member Escobedo, Ordinance No. 2002.28 and Resolution No. 2002-145 were unanunously approved. 2. PUBLIC HEARING. Ordinance No. 2002.27. Silverbell North of Linda Vista Rezone: An application for approval to rezone approximately 24.5 acres from "C" (Large Lot Zone, minimum lot size 25 acres) to "R-144" (Single-Family Residential, minimum lot size 144,000 square feet) located immediately west of Silverbell Road and north of Linda Vista Boulevard, in a portion of Section 17, Township 12 South, Range 12 East (Joel Shapiro) Council Member Honea declared that the meeting was now in public hearing. Again, Mr. Shapiro addressed the Council. He explained that this rezone request was for 24.5 acres of land located immediately west of Silverbell Road and approximately one-quarter mile north of Linda Vista Boulevard. He said that the Marana General Plan identified the site to be Low Density Residential and that the proposed "R-144" zoning complied with the goals, policies and objectives identified in the General Plan. He reported that this property, originally surveyed in 1981, had been identified as containing significant archaeological remains. He said that the Arizona 4 ~rwuTES aF RECOLA~ COIINCIL MEETIlYG MARANA TOWN HALL ~. DECEMBER 17, 2002 State Museum was recommending a resurvey and, if cultural remains were found to be present, the implementation of a data recovery program would be required before clearance would be provided. Mr. Shapiro added that the subject property contained pristine vegetation that had been proposed as critical habitat for the Cactus Ferruginous Pygmy Owl and that the applicant had provided a maximum site disturbance of 20% per lot in order to preserve and protect the desert. There were no questions or comments from the Council or public regarding this item. Council Member Honea declared the public hearing closed. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Ordinance No. 2002.27 with conditions was unanimously approved. 3. PUBLIC HEARING: Resolution No. 2002-140: Authorizing the Approval and Execution of License Agreement with Comcast Cablevision of ""`° Arizona, Inc., for the Purpose of Providing Cable Television Service to the Town {Dan Hochnli) Council Member Honea declared the Council meeting to be in public hearing. Dan Hochuli spoke before Council regarding this agreement. He explained that, after negotiating with Comcast Cablevision of Arizona, Inc. for a year, the proposed license agreement had been formulated. He noted that the current license agreement had several more years before expiration but that all interested parties had concurred in presenting the new agreement to the Council prior to the expiration of the current license agreement. He highlighted some of the basic points of the agreement such as governing requirements, liability insurance, indemnifiication, and system upgrades or rebuilds. There were no comments or questions from the Council or public regarding this item. Council Member Honea called the meeting out of public hearing. Upon motion by Council Member McGorray, seconded by Council Member Blake, Resolution No. 2002-140 was unanimously approved. 5 1ViINUTES OF`REGULAR'COUNCII.1ViEETING 14iAItANA TOWN HALL DECEMBER 17, 2(8!2 4. Ordinance No. 2002.29 and Resolution No. 2002-144: Request to enter into a license agreement with Comcast Cable, providing regulation of cable services in the Town and canceling the previous license agreement, and amending Article 9-8, Cable Communications, of the Town Code by adopting a new Article 9-8 (Dan Hochuli) Mr. Hochuli addressed the Council regarding this item. He briefly explained that, due to many changes in federal laws, the proposed resolution would essentially bring the Town Code into compliance with federal regulations. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Resolution No. 2002-140 was unanimously approved. 5. Ordinance No. 2002.30: Revisions to Chapter 10 of the Marana Town Code to Regulate the Transportation of Aggregate Material (Jim DeGmod) Jim DeGrood spoke to the Council about this ordinance. He said that as a result of the original ordinance the entire region had benefited from the tarping regulation. He said that the proposed revisions were basically housekeeping measures in order to allow for more flexibility and efficiency in the interpretation and enforcement of the code. Council Member Honea asked if the proposed section dealing with equipment employed in agriculture or husbandry activities was an exemption. Mr. DeGrood replied that it was and said that this section, dealing with farm implements, had been added to the portion of the code dealing with classes of vehicles that were exempt. Upon motion of Council Member Blake, seconded by Council Member Escobedo, Ordinance No. 2002.30 was unanimously approved. 6. Discussion~Direction: Town Hall Exterior Architecture and Floor Plan; selection of Construction Manager (Jim DeGrood) Mr. DeGrood addressed the Council regarding the design development of the new Town Hall. He said that this phase of the project was at completion and that the next step was to engage the services of a Construction Manager. He outlined the Construction Manager-At Risk process which the town had chosen to utilize during the procurement 6 MINUTES OF REGIILAR CQUNCII. MEETING 11~IARANA TOWN HALL DECEMBER 17, 2+fb2 phase. He reported that the recommended firm was D.L. Withers, Inc. Mr. DeGrood continued by stating that the next step in the process would be the final construction document phase where selection of the building's exterior skin materials would be made. Upon motion by Council Member Comerford, seconded by Council Member Blake, approval of the Design Development floor plans and elevations, direction to commence with the Construction Drawings, and to begin contract negotiations and authorize staff to enter into a contract with D.L. Withers, Inc. as Construction-Manager-At-Risk was unanimous. 7. EXECUTIVE SESSION: Pursuant to A.RS. Section 38-431.03 (A}(4} for discussion and consultation with the town Attorney to consider the town's position and instruct its attorney regarding the town's position in pending litigation, Aspen Green v. City of Tucson (Dan Hochuli) Dan Hochuli informed the Council that an executive session was not necessary at this time as he had only a brief report regarding the status of ~' the Aspen Green v. City of Tucson case. He said that a ruling had been made in the Town's favor by declaring Tortolita did not exist as a town and that there were no voting rights violations associated with Tortolita. He relayed that, mostly likely, the 9th Court of Appeals in San Francisco would issue a ruling to Tortolita's response and that a schedule for oral arguments would be set for early spring of 2003. He concluded by stating that a final ruling would probably be reached by Fall 2003. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo thanked the Managers and staff for bringing the community together on various projects in Honea Heights and Berry Acres. Council Member Comerford commended the Parks and Recreation department on their outstanding work on the annual tree lighting ceremony. Council Member McGorray reminded the Council and the public about the Miracle on 31St event. She urged everyone to attend and to donate generously to this community project. bHNUTES OF REGULAR COUNCIL MEETING MAJRANA TOWN HALL DECEMBER 17, 2002 Council Member Honea reiterated the appreciation of Council Members Escobedo and Comerford of the staff s coordination of community events. He added that he had attended the annual Seniors Dance held immediately following the Tree Lighting ceremony and that it was awell-received event. He commended Karl Horvath on his preparation of this activity. D. MANAGERS' REPORT There were no reports at this time. X. FUTURE AGENDA TTEMS Council Member Escobedo directed staff that the topic of sewer connection costs for Grier Road residents be added to the next agenda. XI. ADJOURNMENT Upon motion by Council Member Honea and seconded by Council Member - Blake, unanimous approval to adjourn was given. The time was 7:45 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 17, 2002. I further certify that a quorum was present. _~r~,t,~_ ocelyn ~fiitz, Town Clerk s MAIZANA TOWN COUNCIL MEETING Public Attendees DATE: ~ ~ ~ ~, Name Address ~~~~ __~L"4 c~-~ ~ p q L L_ _ ~La~ Si~n1 sa n1 ~`-i ~~Z-°'~ ~-11Z`l S i ~2 ., - ,.• i1 ~ , .~ . n - rlt~c ~kco ~~-~ l '~~~i ~~ ~~~ ~i '~~~ ~ N ~ ~~.~l~b (~ 58~ 3~ 1, P,ui s ~95K~`t1 ~ ~ ~ , 11 L4Rc ~iyA'y'~Sa~f,[ ~b,1.. wT~fi~.L , > +- x A~ SSo,34, ,S~ ~. 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