HomeMy WebLinkAbout05/07/2002 Regular Council Meeting MinutesII.
III.
MI~S 0F REG~ARCOUNCIL MEETING
MA~A TOWN HALL
~Y 7~002
PLACE AND DATE
Marana Town Hall, May 7, 2002
CALL TO ORDER
By Mayor Sutton at 7:05 p.m.
PLEDGE OF ALLEGIANCE
Led by Mayor Sutton
INVOCATION/MOMENT OF SILENCE
A moment of silence was observed.
IV. ROLL CALL
Mo
COUNCIL
Bobby Sutton, Jr. Mayor Present
Herb Kal Vice Mayor Present
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
Michael Hein
Michael Reuwsaat
Dan Hochuli
Jim DeGrood
Lynn Warde
Town Manager
Assistant Town Manager
Town Attorney
Development Services Administrator
Documents Coordinator
Attached is a list of public attendees.
APPROVAL OF AGENDA
Upon motion by Council Member Escobedo, seconded by Council Member
Blake, the agenda was unanimously approved.
VI. ACCEPTANCE OF MINUTES
By motion of Council Member Blake, seconded by Council Member McGorray,
the minutes for the April 16, 2002 regular Council meeting were unanimously
approved.
MAY 7, 2002
VII. CALL TO THE PUBLIC/ANNOUNCEMENTS
Council Member Comerford armounced that her place of employment, Lord
Grace Church, had recently completed their new $1.3M facility. She praised the
Chestnut Construction Company for their outstanding performance and
efficiency throughout the construction process.
Mayor Sutton reported that a $990,000 check had been received from Pima
County through the Wastewater Management, Road Development program for
improvements planned within the Honea Heights subdivision. He thanked the
Town staff for their participation and work on this project.
Kirk Mosely, resident, addressed the Council and asked if any action was
planned regarding smoke-free restaurants and public buildings.
Mr. Hein responded that this issue had been considered by the Town Council
approximately a year ago and was referred to the Business Advisory Committee
for study. Discussions were held and a recommendation against adopting a
smoke-free resolution was forwarded to the Council at that time. He suggested
that Dr. Mosely contact the Manager's office for more information.
VIII. STAFF REPORTS
IX.
There were no questions regarding staff reports.
GENERAL ORDER OF BUSINESS
A. CONSENT AGENDA
ge
Resolution No. 2002-49: Intergovernmental Agreement between the
Town of Marana and the Marana Unified School District for Expansion
of the community park (commonly known as the Ora Mae Harn District
Park) at Lon Adams and Barnett Roads (Ron S~ith)
Resolution No. 2002-53: Agreement between the Town of Marana and
US Home Corporation for Construction of Water Facilities Under
Private Contract in Continental Reserve Block 8 (Brad DeSpain)
Resolution No. 2002-54: Agreement between the Town of Marana and
US Home Corporation for the Construction of Water Facilities Under
Private Contract for Continental Reserve Blocks 1 & 7 (Brad DeSpain)
Resolution No. 2002-55: Agreement Between the Town of Marana and
US Home Corporation for the Construction of Water Facilities Under
Private Contract for Continental Reserve Block 12 (Brad DeSpain)
Resolution No. 2002-56: Agreement between the Town of Marana and
The Genesee Company c/o Terramar Properties for the Construction of
Water Facilities Under Private Contract for Continental Reserve Block
13 (Brad DeSpain)
Resolution No. 2002-62: Releasing the Assurance Agreement for Cortaro
Ranch Phase III, Trust No. 30061, for Lots 37-70, 79-96 and 98-106 and
Acceptance of Public Improvements for Maintenance (Farhad Moghimi)
Upon motion by Council Member Honea, seconded by Council Member
Blake, the consent agenda was unanimously approved.
B. COUNCIL ACTION
Resolution No. 2002-52: Safeway Shopping Center Preliminary Plat
Continental Ranch Parcel 20: An Application for a request of
preliminary plat approval to construct a six-lot commercial subdivision
on approximately 19.75 acres within the Continental Ranch Specific
Plan located east of Silverbell Road and south of Twin Peaks, in a
portion of Section 20, Township 12 South, Range 12 East (Joel Shapiro)
Mr. Hein reviewed the history of this item and said that the Town staff
recommended it for approval.
Mayor Sutton informed the Council that this item would be put on a
sunset status, meaning that a two year timeframe stipulation would be
associated with the approval of this resolution. He explained that if the
developer failed to acquire a building permit within this conditional
timeframe, approval of the project would be denied.
Mr. Hein added that discussions had been held regarding how to ensure
that the development best suited for the community was constructed as
well as not allowing the project to languish over a long period of time. He
described the sunset technique as an encouraged practice to be utilized by
the Town and noted that the resolution had been amended to reflect the
sunset clause conditions.
Upon motion by Council Member Blake, seconded by Council Member
McGorray, Resolution No. 2002-52 was unanimously approved.
MINUTES OF REGULAR COUNCIL MEETING
M~A TO~ ~ALL
: MAY7,2002:
Jan Martin, representing Safeway, voiced her acceptance of the conditions.
Resolution No. 2002-61: Sonoran Moon Preliminary Plat: A request for
preliminary plat approval to construct a 37-Iot single family subdivision
on approximately 7.57 acres located on the southwest corner of Twin
Peaks Road and Coachline Boulevard, in the Continental Ranch Specific
Plan area, within a portion of Section 21, Township 12 South, Range 12
East {Joel Shapiro)
Mr. DeGrood briefed the Council on this item and remarked that the
smallest lot within this project was 6,016 sq. ft. He informed the Council
that this project, located within the Marana south transportation Benefit
Area, was subject to an "in-lieu" fee of $500 per lot to fulfill a condition of
the development agreement for park requirements.
Upon motion by Council Member Honea, seconded by Council Member
Escobedo, Resolution No. 2002-61 was unanimously approved.
3. EXECUTIVE SESSION
Pursuant to A.R.S. § 38-431.03 (A) (4) for discussion and
consultation with the Town Attorney in order to consider the
Town's position and instruct its attorney regarding pending and
contemplated litigation in Tortolita vs. Town of Maranl, Aspen
Green v. Tucson, and related cases (Dan Hochuli)
(2)
Pursuant to A.R.S. § 38-431.03 (A) (1) to conduct interviews with
applicants for the Planning and Zoning Commission (Dan
Hochuli)
(1) Mayor Sutton announced that an executive session was not necessary
at this time and that the Town Attorney would give an oral report
during the following item.
4. Action on Executive Session (1)
Dan Hochuli reported on the status of several cases associated with the
Town of Tortolita. He was pleased to report that Tortolita vs. Town of
Marana, the 5-acre armexation issue, was near dismissal. He relayed that
the attorney for Tortolita had agreed to the filing of a voluntary dismissal,
with prejudice, and that each jurisdiction bear its own attorney fees and
court costs. He added that the judge was expected to sign the stipulation
shortly, rendering the case essentially over.
4
He stated that arguments for the Tangerine/Thornydale annexation case,
also filed against Marana by the Town of Tortolita, were expected to go
well. He confirmed that he would attend the hearing for the Tucson vs.
Tortolita case even though the Town was not a party to this legal action.
Mr. Hochuli conveyed that oral arguments regarding Aspen Green v.
Tucson, Oro Valley and Marana, a federal case involving the same
annexation issues, had been heard this week. He disclosed that cross
motions had been taken under advisement and, because the case was a
purely legal issue case and was not based on facts, the judge was expected
to rule within the next two weeks.
Upon motion by Council Member Escobedo, seconded by Council
Member McGorray, Council approval to go into executive session
following a ten minute break was unanimously approved.
The time was 7:20 p.m.
At 7:55 p.m., Mayor Sutton reconvened the Council meeting with all
Council members present and seated on the dais.
5. Legislative Update (Mike Hein)
No report was given at this ~rne.
C. MAYOR AND COUNCIL'S'REPORT
Council Member Honea reported that the R.D.A. grant money received from
Pima County for roadway improvements was well appreciated and that the
entire rural development program had been receiving a large amount of
favorable response throughout the regional community as well as locally. He
listed several attendees at the Housing ceremonies. The dignitaries from Pima
County included Cathy Chavez from Wastewater, Administrator Chuck
Huckleberry, and Supervisor Sharon Bronson. Congressman Jim Kolbe was
also present for the festivities.
Council Member McGorray said that she had been honored to hand out the
diplomas to the three, four and five year old graduates from the Parks and
Recreation department's Stepping Up program. She said that all of the
children did a marvelous job at the ceremony.
5
Council Member Escobedo reported that she and Council Member McGorray
had attended the Estes Elementary dedication ceremony. She commented that
the new facility was beautiful.
Vice Mayor Kal reported that he and Council Member Blake had attended a
"Catch Someone Doing Something Right" employee appreciation luncheon
held at E1 Molinito on Friday, May 3, 2002. He acknowledged that two groups
from the Parks and Recreation department, the maintenance crew and the
park monitors, were recognized for outstanding dedication, over and above
their job responsibilities, in connection with the 2002 Founders' Day
festivities. The honorees included Charlie Villescaz, Galen Beem, Carlos
Borboa, Alexis Haskin, Israel Paredes, Richard Pinter, Dick Powell and
Kipper Toland. All of these employees went out of their way to assist other
departments and employees and the Marana Arts Council in the preparation,
setup and cleanup for this annual event.
Mayor Sutton reported that he regretted he was unable to attend the
groundbreaking ceremonies for the Continental Ranch Park but that a lot of
interest from the public was being shown for this new facility. He said that he
noticed several residents looking over the schematics each time he visited the
park site.
Council Member Honea said that he attended the Trico Electric Cooperative
grand opening held on Saturday, May 4, 2002. He remarked that the new
facility on Tangerine Road was gorgeous and that the board room was
impressive.
Council Member Comerford thanked the developer, Southwest Value
Partners, for the generous donation of land for the Continental Ranch Park.
D. MANAGERS' REPORT
There were no reports given at th/s time.
FUTURE AGENDA ITEMS
Mayor Sutton asked that the Planning & Zoning Commission appointment be
placed on the next agenda.
~N~ TO~ HALL ~Y 7, 200~
XI.
ADJOURNMENT
Upon motion by Council Member Blake and seconded by Council Member
Honea, unanimous approval to adjourn was given. The time was 8:15 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the
Marana Town Council meeting held on May 7, 2002. I further certify that a
quorum was present.
MARANA TOWN COUNCIL MEETING
Public A t-tendees
DATE: ,' , ~(~ ~
Name Address
·
MARANA TOWN COUNCIL MEETING
Public Attendees
DATE:
Na___m_e ,
'
Address