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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