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HomeMy WebLinkAbout03/20/2001 Regular Council Meeting Minutes MINUTES OF COUNCIL MEETING MARANA TOV~N HALL MARCH 20, 2001 PLACE AND DATE Marana Town Hall, March 20, 2001 I. CALL TO ORDER By Mayor Sutton at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE Mayor Sutton asked that a moment of silence be observed to allow the citizens of M.arana to reflect and pray for guidance for the Council to make the right decisions for the overall welfare of the Town. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Jim Blake Council Member Present Ora Mae Ham Council Member Present Ed Honea Council Member Present Herb Kai Council Member Present Roxanne Ziegler Council Member Present STAFF Michael Hein Town Manager Dan Hochuli Town Attorney Jocelyn Entz Town Clerk Jim DeGrood Development Services Administrator Roy Cuaron Finance Director The list of public attendees is attached. V. APPROVAL OF AGENDA Upon motion by Council Member Ham, seconded by Council Member Ziegler, the agenda was unanimously approved. MINUTES OF COUNCIL MEETING MARANA TOWN HALL MARCH 20, 2001 VI. ACCEPTANCE OF MINUTES Minutes of Regular Meeting - March 6, 2001 Upon motion by Council Member Blake, and seconded by Council Member Honea, the minutes of the regular Council meeting held on March 6, 2001 were approved with Council Member Ziegler abstaining. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS · Dorothy Matkin addressed the Council regarding the continuing problem of · trash blowing into her yard from the dumpsters at the Old Pueblo Plaza. Mayor Sutton said that he would have staff research the problem and get back to her. Pauline Nunez introduced Teresa Tona, Tonya Weaver Murray, Ma~t Matulin · and Mary Weaver as new staff in the Parks and Recreation department. · Mayor Sutton recognized members of Boy Scout Troop #226 who were attending the meeting to earn points toward their communications badge. · Mayor Sutton read a Proclamation renaming the Marana Community Park as the Ora Mae Ham District Park. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2001-31 - The Bluffs II at Dove Mountain, Final Plat: Request for approval of a final plat consisting of lots 123 through 247, and Common Area "A" on approximately 53 acres located east of Dove Mountain Boulevard, north of Moore Road, in a portion of Section 25, Township 11 South, Range 12 East. Property Owner/Developer is Cottonwood Properties, Inc., 3567 E. Sunrise Drive #219, Tucson, Arizona 85718 0oel Shapiro) 2 MINUTES OF COUNCIL MEETING MARANA TOWN HALL MARCH 20, 2001 2. Resolution No. 2001-14 - Prohibiting stopping, standing and parking on Cortaro Farms Road right-of-way near Wendy's Restaurant (Farhad Moghimi) Council Member Kal made a motion to approve the two items on the Consent Agenda. The motion was seconded by Council Member Ziegler and unanimously approved. B. COUNCIL ACTION 1. Resolution No. 2001-33: Canvass of the vote for the Primary Election (Jocelyn Entz) Jocelyn Entz read the statutory authority for the canvass of the vote for the March 13, 2001 Primary Election, then stated that the official Canvass from Pima County Elections was 272 votes cast for four Council seats. Council Member-elect Patti Comerford received 211 votes, Council Member-elect Tim Escobedo received 227 votes, incumbent Council Member Herbert Kal received 235 votes, and Council Member-elect Carol McGorray received 222 votes. Staff requested that Council approve the Canvass of the Vote. Upon motion by Council Member Ed Honea and seconded by Council Member Ham, Resolution No. 2001-33 was unanimously approved. 2. Public Hearing Ordinance No. 2001.05 - Laos Rezone: Consideration of a rezone consisting of a 20-acre parcel of land located approximately 700 feet east of Camino de Manana and south of the Carnino Del Norte alignment, in a portion of Section 12, Township 12 South, Range 12 East, from Zone "E" (Transportation Corridor) to "R-144" (Single Family Residential, minimum lot size 144,000 sq. ft.) (Joel Shapiro) A motion was made by Council Member Ziegler to go into public hearing, seconded by Council Member Honea. The motion was passed unanimously. Mr. DeGrood reviewed the rezone request for Council. There were no comments from the public. A motion was made to come out of public hearing by Council Member Kal, seconded by Council Member Blake. The motion passed unanimously. Council Member Ziegler addressed Ms. Laos and noted that Planning & Zoning had approved this with the condition of keeping it within the General Plan area. She stated that this should have been zoned SR 144 and recommended that the condition of one home per 5 acres be deleted from the 3 MINUTES OF COUNCIL MEETING MARANA TOWN HALL MARCH 20, 2001 ordinance and that Ms. Laos be allowed SR 144 in order to subdivide her land accordingly. Council Member Honea agreed that it was urrfair to annex someone into the Town and downzone their property without talking to them about it. A motion was made by Council Member Ziegler to approve Ordinance No. 2001.05 deleting the condition of one home per 5 acres. Council Member Honea seconded the motion and it was passed unanimously. 3. Second Public Hearing - Adoption of Resolution No. 2001-30..: Alternative Expenditure Limitation (Home Rule Option) (Roy Cuaron) ' Roy Cuaron presented the information for the Home Rule Option, this being the second public hearing. He noted that there is a change from what is printed in the bluesheet relative to the state imposed limitation. For FY 97-98, the correct figure should be $3,134,983. For FY 98-99, it should be $3,342,972; for FY 99-00, it should be $4,119,985 and for FY 00-01, the figure should be $4,880,343. Council Member Ziegler made a motion to go into public hearing of this item. It was seconded by Council Member Honea and unanimously approved. Mayor Sutton addressed the public with how critical the passage of this item will be to the Town. The Mayor asked if this could be put on the website. Mr. Hein stated that there will be several steps taken to get this item out into the public with breakfast and luncheon speaking engagements so we may not be putting it on the website, as there would be no opportunity to answer questions that might be pertinent to understanding the Home Rule Option. The Mayor emphasized that the Council wants to educate the public on what this is - that it not be perceived as a taxing mechanism. Council Member Honea made a motion to come out of public hearing, seconded by Roxanne Ziegler. The motion was unanimously approved. Council Member Honea made a motion to approve Resolution No. 2001-30, the Alternative Expenditure Limitation - Home Rule Option. It was seconded by Council Member Kal and unanimously approved. The resolution will be forwarded to the Auditor General along with other information for approval prior to submission to Pima County for inclusion in the publicity pamphlet for the General Election. 4 MINUTES OF COUNCIL MEETING MARANA TOWN HALL MARCH 20, 2001 4. Resolution No. 2001-32_: Resolution approving the settlement of a condemnation lawsuit for right-of-way along Hartman Lane: Town of Marana v. Laura J. Harshbarger, Et. al (Dan Hochuli) Mr. Hein addressed the issue of acquisition of Right of Way for Hartman Lane improvements. The property in question is for actual improvements and staff is recommending approval of a settlement of $29,979. Upon motion by Council Member Blake and seconded by Council Member Honea, Resolution No. 2001-32 was unanimously approved. · Upon motion by Council Member Harn and seconded by council Member Honea, it was unanimously approved to go into Executive Session. The Council left the dais at 7:24 p.m. 5. Executive Session Pursuant to A.R.S. Section 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 litigation in Marana v. Bosse (Dan Hochuli) 6. Executive Session Pursuant to A.I~S. Section 38-431.03 (A)(7) for discussion and consultation with the Town Manager, Finance Director, Town Attorney and other staff in order to consider the Town's position and instruct its representatives regarding negotiations for the purchase and/or lease of real property (Dan Hochuli) Executive Session pursuant to A.R.S. Section 38-341.03 (A)(4) for discussion 7. and consultation with the Town Attorney in order to consider its position and instruct its attorney regarding pending litigation in Harper v. Tucson Entertainment, LLC, and Marana et al (Dan Hochuli) The Council reconvened on the dais at 7:52 p.m. 8. Action and direction resulting from Executive Session regarding the Town's position in Marana v. Bosse (Mayor Sutton) Council Member Honea moved to approve a settlement of $200,000 in the matter of Marana v. Bosse. Council Member Kal seconded the motion and it was unanimously approved. 9. Action and direction resulting from Executive Session regarding the Town's position in Harper v. Tucson Entertainment, LLC, and Marana et al (Mayor Sutton) 5 MINUTES OF COUNCIL MEETING MARCH 20, 2001 Council Member Honea made a motion to approve a seRlement of $15,000 in the ma~ter of Harper v. Tucson Entertainment, LLC and Marana et al. Council Member Harn seconded the motion and it was approved 5-1 with Council Member Ziegler voting nay. 10. Appointment of Carol McGorray to the Town Council to fill the unexpired term of Michael A. Reuwsaat (Mike Hein) Mayor SuRon gave an explanation of Ms. McGorray's appointment to fill the unexpired term of Mr. Reuwsaat until June when her term with the other newly elected Council Members will begin. Upon motion by Council · Member Honea and seconded by Council Member Ziegler, it was approved to appoint Carol McGorry to fill the vacancy left by Mike Reuwsaat. The Clerk administered the oath of office and Ms. McGorray took her seat on the dais. 11. Legislative Update (Mike Hein) Mr. Hein gave a brief update in Mr. Racy's place. Basically, there is very lifile pending before the Legislature that is of interest to the Town at this time. C. MAYOR AND COUNCIL'S REPORT Mayor Su~on explained the Council Reports to Council Member McGorray. Council Member Honea reported on Founders' Day and stated that the breakfast was outstanding as was the program to honor Council Member Ham. The parade and the activities in the park were especially good this year and a lot of fun. Council Member Blake reiterated Council Member Honea's commen~s regarding Founders' Day. Council Member Ham thanked the Council and stated that she thought Sa~rday was the only time in her whole life that she had been taken completely by surprise about the events in her honor. She said she was humbled by the tribute and considers it a privilege to serve the Town of Marana and the people she cares about. Council Member Ham also reported on the condition of Sandy Groseclose, who was recovering from surgery and is now at home. MINUTES OF COUNCIL MEETING MARANA TOWN HALL MARCH 20, 2001 Mayor Sutton said that this was probably the first year that the parade went off without a hitch and commended all who made the Founders' Day possible. He stated that Saturday was a great family day to meet new and old neighbors. He also congratulated all newly elected Council Members who will be taking their seats in June and to Ms. McGorray who agreed to fill out the term of Mike Reuwsaat on the Council. D. MANAGERS' REPORT There was no report. X. FUTURE AGENDA ITEMS There were no items for discussion. XI. ~ ADJOURNMENT Upon motion by Council Member Honea and seconded by Council Member Harn, the Council voted unanimously to adjourn the meeting at 8:03 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 20, 2001. I further certify that a quorum was present.