HomeMy WebLinkAbout03/05/2002 Regular Council Meeting MinutesII.
III.
Mo
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN HALL
MARCH 5, 2002
PLACE AND DATE
Marana Town Hall, March 5, 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
COUNCIL
Bobby Sutton, Jr.
Herb Kal
Jim Blake
Patti Comer£ord
Tim Escobedo
Ed Honea
Carol McGorray
STAFF ~
Michael Hein
Dan HochuIi
Jocelyn Entz
Mayor
Vice Mayor
Council Member
Council Member
Council Member
CounciI Member
Council Member
Town Manager
Town Attorney
Town Clerk
Present
Present
Present
Present
Present
Present
Present
Attached is a list of public attendees.
A~PPROVAL OF AGENDA
Upon motion by Council Member Blake, seconded by Council
McGorray, approval of the agenda as written was unanimous.
VI. ~ACCEPTANCE OF MINUTE£
Membe~
By motion of Council Member Escobedo, seconded by Council Member
Comerford, the minutes for the February 19, 2002 regular meeting were
approved 6/0. Mayor Sutton abstained from the vote as he was not present at
the Council meeting on that date.
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN HALL
MARCH 5, 2002
VII. CALL TO THE P~UBLIC/ANNOUNCEMENTg
Ron Smith introduced Amy Davis, 11 years of age, and Kevin Capus (??), 9 years
old, to the Council. He said that these children participated in the Jr. Golf
program out of 130 kids. He presented the Council with a check for $10,000 from
the NFL Charities and the Players' Association Fund and lauded Randy Robbins,
alumni of the NFL, on his work to acquire this grant funding.
Mayor Sutton announced that Teddy Bruski was planning to attend tonight's
meeting on behalf of the Super Bowl ~hampions, the New England Patriots. The
Mayor passed along that Mr. Bruski had offered his help to the Parks and
Recreation Department in other youth related ventures.
Jaime ????, representing Northwest Medical Center, informed the Council that
the annual Desert Dash & Dart, a 10k/5k run and 5k walk sponsored by the
medical facility, would be held on Sunday, March 17% during the Founders' Day
festivities. She invited al/to participate.
Karl Horvath spoke about the Senior Center's recent dance and its success.
Mayor Sutton urged everyone to support this group.
Mayor Sutton mentioned that two New York City fire fighters had been guests of
the Town during the past weekend. He said that staff had tried to keep this event
somewhat quiet in order to provide the fire fighters with a respite from their
hectic speaking tour. He said that the Lazy K Ranch had provided lodging with
horseback riding and rock climbing included. He thanked everyone who had
helped plan this event and commented that the Town was proud to host these
heroes from the September 11th attack.
Marty Ledvina, resident, addressed the Council regarding a desire to volunteer
in assisting the Town with the enforcement of the disabled parking State statute.
He explained his ideas for a volunteer program of photographing license plates
of offenders and providing the Marana Police d~partment-with the information
necessary to issue citations.
Mayor Sutton thanked Mr. Ledvina for Ids civic commitment and said that the
Town Attorney was in the process of preparing a informational packet to present
to the Council regarding this matter.
VIII. STAFF REPORTS
There were no questions regarding staff reports.
2
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN HALL
MARCH 5, 20O2
IX.
GENERAL ORDER OF BUSINESS
A. CONSENT AGENDA
1. Resolution No. 2002-20: Appointment of Marana Water Utility
Advisory Committee Members (Brad DeSpain)
Resolution No. 2002-26: Authorization to allow the Building Official to
enter into Agreements with consultants for procuring plan review
services (Jack Holden)
Resolution No. 2002-18: .Countryside Ridge Final Plat: A request for
approval of a Final Plat for a 93-Iot single family subdivision located on
22.07 acres, described as Block 5 & 6 of Countryside Vista in a portion of
Section 24, Township 12 South, Range 12 East at the southeast corner of
Linda Vista Boulevard and Hartman Lane (Joel Shapiro)
Upon motion by Council Member Honea, seconded by Council Member
McGorray, the consent agenda was unanimously approved.
Council Member Escobedo voiced his personal opinion regarding the
passing of a plat containing lots under the Town's established
development standards. He said that there would be circumstances where
the Council would have to consider this type of subdivision as opposed to
requiring a minimum lot size of 6,000 square feet.
Mayor Sutton echoed Council Member Escobedo's feelings and added
that, due to the clustering nature of the project and the critical habitat
issue, the Countryside Ridge subdivision had been an exception to the
Town's adamant rule of larger sized lots.
B. COUNCIL ACTION
1. Presentation/Discussion: Old Pueblo Archaeology Center "Inspired by
the vast" (Mike Reuwsaat)
Mr. Reuwsaat introduced Allen Dart, Executive Director of Old Pueblo
Archaeology Center, to the Council and said that Mr. Dart would be
providing an update to the technical report on Marana's history and the
archaeological testing sites at Marana Park.
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN HALL
MARCH 5, 2002
Mr. Dart congratulated the Town for being this year's recipient of the
Governor's Archaeology Advisory Commission's award for its part in
cultural resource management. He explained that this award
acknowledged Marana's efforts to development the cultural heritage
program in the new Silverbell District Park, including the public
education programs at the Bajorca Homestead site, the Yuma Wash
Archaeological site, and the Heritage exhibit being planned for display
within the park buildings. He showed the audience and Council an article
taken from the 03/04/02 edition of the Arizona Daily Star that was very
positive about the Town and its preservation drive. He urged the Council
to consider the Governor's award as a public acknowledgment of
Marana's comrmtment to preserving its rich history throughout the entire
Town. He presented the award to the Mayor and Council on behalf of the
State Historic Preservation Officer, Jim Garrison, and Governor Jane Hull.
Mr. Dart then presented the Council with a report from Old Pueblo
Archaeology Center and gave a brief synopsis of its contents. The report,
entitled The Cultures and History of Marana, Arizona, contains boundary line
comparisons from the 1980s and 1990s to the present day Town limits,
definitions of terms on cultural resource management and stewardship,
heritage resource locations, and sections describing the various peoples
inhabiting this area beginning with the Paleoindian Period approximately
13,000 years ago up to the present day growing region. There are
descriptive sections regarding specific topics under the American period
such as early mail service, supplying the military, the railroad, the Town
of Rillito, ranching, the school system, and immigration to Marana. He
commented that this report illustrated how Marana had grown from a
rural farming community into a multi-cultural, modern community.
The presentation continued with the archaeologist suggesting that the
Council use this report as a stepping stone for developing a much broader
document or public media for advertising the history of Marana. He said
that ideas for its use might include such things as a full length book with
illustrations compiled from founding families, as an addition to the
Marana web site and other world-wide web distributions, or as a
professional video presentation kept in the public library and Town Hall
buildings for check out.
Mayor Sutton commented that this history and heritage study of Marana
had been submitted for consideration in the U.S.
2002 City Livability Award. Conference of Mayors'
o
MINUTES OF REGULAR COg6N~IL MEETING
MARANA TOWN HALL
MARCH 5, 2002
Mr. Reuwsaat commended Eric Kaldahl, archaeologist and director of Old
Pueblo's educational programs, and Allen Dart for their strong
commitment to the Town as well as their outstanding research efforts. He
added that Marana's partnership with the Old Pueblo Archaeology Center
was significant.
This report is intended for public distribution and sensitive in-formation
on specific archaeological site locations has not been included in order to
guard against vandalism and unauthorized collection. The report has been
made a permanent part of this record and is also available for viewing
through public records.
2. ~UI2date on 25th Founders' Day activities ~ Kelle Maslyc~
Ms. Maslyn congratulated the Council on Marana's 25th anniversary and
briefed them on the numerous festivities plarmed for the 2002 Founders'
Day weekend, March 15-17, 2002. She reported that a public service
announcement currently being aired on cable television starred Mayor
Sutton giving a rundown of the weekends' scheduling. The activities
include the anniversary being kicked off by the annual Mayor's VIP
breakfast at the Marana Community Center, followed by a parade lead by
Marana's Man and Woman of the Year, Mayor Sutton and Klm Holloway
from the Marana Unified School District. She reported that a fair and
carnival were scheduled for Saturday in t~e Ora Mae Ham District Park
with plenty of vendor booths featuring games and food, plus live music
all day from such groups as the Marana High School Jazz Band, the
Marana Junior High School Fiddlin' Falcons, and musica nortefia from Los
Giros de Israel Paredes. The conclusion of the weekend festivities on
Sunday featured the Northwest Medical Center's Desert Dash & Dart
10k/5k run and walk at Heritage Highlands in Dove Mountain with a
steel drum music performance afterwards.
ResolUtion No. 2002-19. Butterfly Mountain Preliminary Plat: A request
to construct a 28-1ot subdivision on 103.75 acres north of Moore Road,
between Camino de Oeste and Thornydale, and within a portion of
Section 30, township 11 South, Range 13 East (Joel Shapiro)
Mr. DeGrood gave a brief synopsis of this item and said that the streets
within the development would be private and maintained by the
homeowners association. He added that the developer had been put on
notice by the Town that a complete consultation with the U.S. Fish and
Wildlife Service before the final plat was presented to Council. He
recommended approval of the resolution.
5
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN HALL
MARCH 5, 2002
Council Member Honea voiced his concern with the existence of private
streets within the subdivision. He said that there had been previous
problems within the Town boundaries regarding private streets. Although
he liked the suburban ranch concept with native plant preservation and
open space conservation, he thought that the roadway privatization was
also a safety issue for the residents as the Marana Police department
would not patrol private streets. He recommended that the streets be
declared public and that the main roadway be built to the Town's
standards.
Mr. DeGrood addressed the Council Member's concerns. He said that no
regulations had been relaxed for this project and that the streets would be
constructed to Town standards including curb installation. He said that
Town staff has been supportive of street privatization due to the
developer's proposal to gate the community thus making it a limited
access area.
Council Member Honea said that, in general, he did not favor private
streets and, even in a gated community, residents will want public
services from the Town.
Mr. Hein joined in the discussion and acknowledged that the Town had
previously experienced problems with having to take over private streets
that ha~l fallen into disrepair from neglect. He said that, with the limited
number of households planned within the property, it didn't seem
appropriate for the public to bear the burden of the infrastructure. He
added that, while completely aware and respectful of the past, because of
the previously stated reasons, staff had been encouraged to support street
privatization. He said that more and more developments of this type
would be seen in the Marana region, especia/ly in areas formerly
designated as critical habitat.
Vice Mayor Kal asked if the soil was conducive to a perk test. Mr.
DeGrood replied that this property lies south of the prospect wash and
the soils are deeper in this area. Each of the lots will be required to do
individual testing.
Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai,
Resolution No. 2002-19 with recommended conditions was unanimously
approved.
6
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN HALL
MARCH 5, 2002
Resolution No. 2002-24. Farm Field Five Preliminary Plat: A request to
construct a 248-1ot subdivision within the Rancho Marana Specific Plan,
located at the northeast corner of Sandario Road and Moore Road; a
portion of the south half of Section 27, Township 11 South, Range 11
East (Joel Shapiro)
Mr. DeGrood gave a short outline of this item. He said that this project
was conditioned heavily including the requirement of a block plat of the
entire Clark Farm parcel, a revision to the Rancho Marana Specific Plan to
bring it into conformity with the Marana Northwest Area Plan, and the
establishment of development guidelines. Town staff and the developer
mutually agreed that Condition #12, approval of all improvement plans
prior to the Final Plat Subrrfittal, was unnecessary and could be stricken.
All remaining conditions would need to be approved by the Council prior
to final plat approval.
Vice Mayor Kal asked that Mr. DeGrood elaborate on the distribution of
irrigation water, Condition #6. Mr. DeGrood replied that a water line
system would be placed throughout the project to provide irrigation of
the entire front yard landscaping together with all of the common area
landscaping.
Upon motion by Vice Mayor Kal, seconded by Council Member
McGorray, Resolution No. 2002-24 with the recommended conditions was
unanimously approved.
public Hearing on the Gravel Pit Annexation - Consideration of the
Town of Marana's desire to annex approximately 150 acres located in
Section 7, T12S, R12E located north of Avra Valley Road approximately
1.5 miles west of Interstate 10. This annexation includes raw land with
industrial mineral potential (Dick Gear)
Mr. Reuwsaat spoke to the Council and artdience r6gard~hg th~s item. He
said that this property included raw land with industrial mineral potential
and currently housed the New West mining operations.
Upon motion by Council Member Blake, seconded by Council Member
Honea, approval to go into public hearing was unanimous.
Billy Schisler, resident, addressed the Council regarding his approval of
the gravel pit annexation.
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN HALL
MARCH 5, 2002
Mr. Hein commented that the annexation of the mining operation area
would afford the Town the advantage of gaining control over the gravel
pit and its environment plus allow for the placement of more stringent
conditions than were currently in place through Pima County.
Upon motion by Council Member Blake, seconded by Council Member
McGorray, approval to come out of public hearing was unanimous.
Ordinance No. 2002.06: Revisions to Chapter 10 of the Marana Town
Code to regulate the transportation of aggregate material (Jim DeGrood
and Dan H.)
Mr. DeGrood said that the Town was currently receiving an increasing
interest in the development and expansion o£ aggregate extraction
operations and, as a result, it has become apparent that this industry will
be located within Marana for quite some time. He continued by stating
that he expected the demand for that product will continue into the
foreseeable future and that the Town would be looked at for further plant
sites. He remarked that regulatory requirements had been strengthened
recently by the addition of tougher requirements such as washing vehicle
tires and the buffering or screening of the extraction areas. He said that,
while regulation o£ the plant was possible, many o£ the problems being
experienced currently were caused by contract haulers. He added that the
use of tarps to cover aggregate and soil loads was both common practice
and required by ordinances.
Council Member Kal inquired about the level of recourse power £or the
Town regarding loss o£ load incidents.
Mr. Reuwsaat responded that a State law was in £orce currently that
allowed officers to cite offenders when any item expelled from a vehicle
becomes a detriment to the roadway or any person traveling on the
roadway.
Mayor S~ffon ~0~enteci 'that these several agenda items dealing with
aggregate products were a commitment to the future in a sense because o£
Marana's history as a river town.
Upon motion by Council Member Comerford, seconded by Council
Member Blake, Ordinance No. 2002.06 was approved unanimously.
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN HALL
MARCH 5, 2002
7. Ordinance No. 2002.07: Amendment to the Business License Regulations
(Roy Cuaron).
Mr. Hein spoke to the Council regarding this item and explained that the
fee increase proposed by this action was necessary to defray the costs of
monitoring, inspecting and enforcing regulations in place within the
Marana Town Code. He mentioned that the Business Advisory
Committee, after studying the proposed amendment, had declared the
action appropriate, prudent and a symbol of being a good neighbor within
the community.
Mayor Sutton commented that the local aggregate industry were also
supportive of the amendment.
Vice Mayor asked if the Town had the ability to increase this fee if
necessary.
Mr. Hein replied that the fee increase for the aggregate industry business
license only was specifically designed to re-capture part of the costs that
would be incurred by the Town for those businesses to operate within
Marana's boundaries. He said that he felt the fee increase was fair to the
aggregate industry but that he was not sure if there would be legal
challenges to the amendment.
Upon motion by Council Member Blake, seconded by Council Member
Honea, Ordinance No. 2002.07 was unanimously approved.
Ordinance No. 2002.08 and Resolution No. 2002-2,q.~ Establishing Article
9-10 of the Marana Town Code: Surface Mining and Land Reclamation
(Mike Reuwsaat)
Mr. Reuwsaat briefed the Council on this item and said it was drafted
from other state and national models as well as from the advice of other
regulatory agencies throughout the country. He said that this ordinance
provided for a new level of control and a partnership as it relates to the
mining and reclamation of sand & gravel operations.
Mayor Sutton remarked that the financing mechanism in place within the
ordinance was impressive.
Vice Mayor Kal asked if this ordinance addressed sensitivity to adjacent
land owners.
9
MINUTES OF REGULAR COUte2CIL MEETING
MARANA TOWN HALI~
MARCH 5, 2002
o
10.
Mr. Reuwsaat answered that the law did include impacts to adjacent
property owners in a broad sense that allowed development services staff
and the operators to decide what was best for each individual piece of
property and the standards necessary to provide protection of both the
environment and the adjoining neighborhoods.
Upon motion by Council Member Escobedo, seconded by Council
Member Blake, Ordinance No. 2002.08 and Resolution No. 2002-28 were
unanimously approved.
Resolution No. 2002-27: Approving the Expanded Marana Affordable
Housing Program (Mike Reuwsaat)
Mr. Gear spoke before the Council regarding tiffs item. He summarized
the housing program and explained some of the expansions that had
taken place within the program. He reported that Dan Groseclose was
now the general contractor for the Town and that two to three new homes
would be constructed each year.
Upon motion by Council Member Honea, seconded by Council Member
Blake, Resolution No. 2002-27 was unanimously approved.
EXECUTIVE SESSION. Pursuant to A.R.S. § 38-431.03 (A)(4) for
discussion and consultation with the Tbwn Attorney in order to
consider the Town's position and instruct its attorney regarding
pending and contemplated litigation in Tortolita vs. Town of Marana,
Aspen Green v. Tucson, and related cases (Dan Hochuli)
The Mayor announced that an executive session was not required at this
time.
Mr. Hochuli advised that no intervention be made by the Town regarding
litigation related to Tortolita.
11. Action on Executive Session Item IX.B.10.
Upon motion by Council Member Blake, seconded by Council Member
McGorray, unanimous approval was given to not intervene into the State
action regarding Tortolita.
10
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN HALL
MARCH 5, 2002
12. State Legislative Issues - Discussion/Direction/Action regarding all
pending bills before the Legislature (Mike Hein)
Mr. Hein reported that there was not much action on the State level due to
the budgetary issues.
C. MAYOR AND COUNCIL'S REPORT
Council Member McGorray commended the staff for the wonderful time that
was provided for the New York City fire fighters. She said that everything
was perfect for the Town's guests.
Council Member Escobedo gave a brief update on the happenings of the west
side of Marana.
Council Member Comerford thanked the Mayor for volunteering Marana as a
host to the NYC fire fighters. She said it was a wonderful gesture for all.
Mayor Sutton commented on the extraordinary brotherhood that existed
between all fire fighters and said that it was a joy to be a part of that national
closeness.
Vice Mayor Kal reported his attendance at a 3-session work shop hosted by
the CentraFA~izona Project (CAP) to inform attendees about the history of
water. He announced that a board position was going to be vacant in the near
future and that Diana Kai, his wife, was interested in that position. He
reported that the City of Tucson had four board positions and that the Town
of Marana and area farmers truly needed the representation.
Mayor Sutton that he had spoken at the Heritage Highlands annual meeting
and was impressed by the human capital available in that community.
D. MANAGERS' REPORT
There were no reports given at this time.
FUTURE AGENDA ITEMS
Information regarding a volunteer program relating to handicap parking and
writing citations was suggested.
11
XI.
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN HALL
MARCH 5, 2002
ADJOURNMENT
Upon motion by Council Member Blake and seconded by Mayor Sutton,
unanimous approval to adjourn was given. The time was 8:32 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the
Marana Town Council meeting held on March 5, 2002. I further certify that a
quorum was present.
t ,Tow
12