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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