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HomeMy WebLinkAbout10/16/2001 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 16, 2001 PLACE AND DATE Marana Town Hall, October 16, 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 A moment of silence was observed in honor of the nation's hardships over the last month since the September 11, 2001 attack. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai 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 Town Manager Michael Reuwsaat Assistant Town Manager Dan Hochuli .Town Attorney Jocelyn Entz Town Clerk Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Blake, seconded by Council Member McGorray, the agenda was approved unanimously. 1 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 16, 2001 VI. ACCEPTANCE OF MINUTES Upon motion by Vice Mayor Kai, seconded by Council Member Blake, the minutes for the October 2, 2001 Council meeting were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Barbara Yeager, Arizona 911 Administrator and President of the Arizona Chapter of the National Emergency Number Association, presented Graciela Neal-Jessen, Police Dispatcher, with a certificate of commendation for exemplary service. Ms. Neal-Jessen's nomination was put forth by the Marana Police Department and was fully supported by the state and nationa1911 organizations. On June 24, 2001, Ms. Neal-Jessen received a 911 call from a hysterical male who spoke only broken English. She advised the caller that she could speak with him in Spanish. The man was one of three illegal aliens who had been walking in the desert for five days without water and who were now sick, dehydrated and pleading for help. Although she transferred the call, Ms. Neal-Jessen continued to identify the approximate location of the caller by relaying pertinent information to the responding emergency units. She continued to receive calls -~°~ from the subject who had to be calmed and reassured that assistance was on the way. Due to her outstanding effort and dedication, the three men were rescued by the U.S. Border Patrol and transported to safety by helicopter. Ms. Neal-Jessen said that, because the commendation was originally awarded on 09/11/01, it was very special to her. She thanked her supervisor, Sheila Blevins, Chief Smith and the entire police department for their support and assured the Council that the department gave 120 % everyday. Mayor Sutton and Chief Smith presented Ms. Neal-Jessen with a bouquet of flowers and a framed proclamation and thanked her for the heroic and life- saving deed. Ms. Entz read the proclamation into the record. The document has also been made a permanent part of this record. The Council and audience gave a long standing ovation to the honoree. Ron Smith, Parks and Recreation Director, announced the promotion of Mike Brummet to Sports and Aquatics Squad Coordinator and explained that Jennifer Sohn would be working with Mr. Brummet in the Youth Aquatics program. Mr. Smith also reported on several exciting new programs in his department including a junior golf program for children aged 5 through 14. He proudly displayed the golf league uniforms to the Council and the audience. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 16, 2001 Mr. Smith explained another youth program, the T-Ball and Junior Baseball Program, started with 4 teams in each league and had 54 youth (ages 4 thru 6) in T-ball and 41 youngsters (ages 7-9) in the junior baseball league. He added that his staff had started many new programs, including a tennis class. He encouraged everyone to visit the park. Mayor Sutton reported that he had been unexpectedly enlisted as a golf coach on Monday when he brought his six year old son to the park for golf instruction. He commented that the kids loved learning proper foot placement and swing techniques and that it was a pleasure for him to witness the kids enjoying learning something new. He concluded by saying that the lessons learned in the game of golf would carry a long way with the community youth. David Higbee, resident of Sunset Vista II, addressed the Council regarding the installation of sidewalks along a portion of Coachline Boulevard. This was his second appearance before the Town Council regarding this issue. He said that he was discouraged that no progress had been made. He stated that the Americans with Disabilities Act (ADA) was being violated with the present situation along Coachline. Mayor Sutton assured Mr. Higbee that the Town had high regard for the "little guy" or single homeowner. He commented that there had been extensive correspondence and man-hours spent on this one issue. Mayor Sutton asked Mr. Reuwsaat to comment on the progress regarding these concerns. Mr. Reuwsaat said that there had been several meetings with staff and that he had met with Mr. Higbee on site. He commented that the staff recommendation was for this project to be included in the 2002-03 CIP budget. He pointed out that there were significant engineering issues associated with the installation of the sidewalk and that no bid had been taken or solicited by the Town. He argued that the discussion with Mr. Higbee had not been centered around ADA compliance but solely on the issue of safely moving children across the street to the neighborhood park. Mayor Sutton said that he wanted to be clear with the intent of the Town and that he was available to meet with Mr. Higbee in order to move forward. VIII. STAFF REPORTS There were no questions regarding staff reports. MINUTES OF REGULAR COUNCIL MEETING MARANA TO`~N HALL OCTOBER 16, 2001 IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2001-125: Authorizing the amendment of Resolution No. 2001-50, relating to approval of Special Event Liquor Licenses for events held on Town property (Jocelyn Entz) 2. Resolution No. 2001-129: White Farms Reversion to Acrea e: An application for a reversion to acreage from a subdivision, Lots 1 through 503, Blacks 1 through 6, recorded in Book 40 of Maps and Plats at Page 24. The owners are Jay E. Reyher, Janice D. Moffitt, and Parsons Properties, LLC, and the applicant is the Town of Marana (Joel Shapiro) 3. Resolution No. 2001-131: The Gallery, Parcel 3 Final Subdivision Plat: Request for approval of a 27-lot single family detached home final subdivision plat on 33.29 acres located north of Dove Mountain Boulevard in a portion of Section 23, Township 11 south, Range 12 East (Joel Shapiro) 4. Resolution No. 2001-133: El Rio at Continental Ranch Final Subdivision Plat: Request for approval of a 102-lot final subdivision plat on 22.85 acres located within Continental Ranch Parce143, on the north side of Coachline Boulevard northeast of the Pima County subdivision La Puerta Del Norte, within a portion of Sections 16 & 17, Township 12 South, Range 12 East Qoel Shapiro) 5. Resolution No. 2001-134: Cancion De La Luna Final Subdivision Plat: Request for approval of an 88-lot final subdivision plat on 23.33 acres within Continental Ranch Parcel 42, located on Coachline Boulevard northwest of Drainageway #2, within a portion of Section 16, Township 12 South, Range 12 East (Joel Shapiro) 6. Resolution No. 2001-137: Approval of Pre-annexation Development Agreement for Section 26, Township 11 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona (Mike Reuwsaat) 7. Resolution No. 2001-136: Worker's Compensation coverage for volunteers for the Town of Marana, and declaring an emergency (Jane Howell) MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 16, 2001 8. AMENDED Ordinance No. 2001.19: Consideration and approval of an annexation comprising approximately X5801660 acres adjacent to the west margin of the Interstate 10 corridor at the northern extremity of Pima County. The annexation incorporates the farmland adjacent to the Towri s current northern boundary up to the Pima/Pinal County line. This large annexation area incorporation all or portions of Sections 1,12 and 13 of Township 11 South, Range 10 East, and all or portions of Sections 7, 8,16,17,18, 20 and 21 of Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona (Dick Gear) 9. Proclamation regarding Graciela Neal-Jessen (Mayor Sutton) Vice Mayor Kai declared a conflict of interest with Item IX. A. 8. Ordinance No. 2001.19. A Statement of Agenda Conflict form was completed by the Vice Mayor and has been made a permanent part of this record. Upon motion by Council Member Honea, seconded by Council Member McGorray, Consent Agenda Items IX. A. 1 through 7 and 9, were unanimously approved. Agenda Item IX. A. 8, by motion of Council Member Honea and a second by Council Member Comerford, was approved 6/0 with 1 abstention. B. COUNCIL ACTION 1. Resolution No. 2001-138: Approving the assignment and assumption of State Land Commercial Lease No. 03-105436 (Tortolita Preserve) from Vistoso Partners, LLC to the Town of Marana (Mike Hein) Mr. Hein gave a brief history of this item. He said that about a year ago the Town entered into a development agreement with the U.S. Fish and Wildlife Services regarding habitat conservation efforts associated with 2,400 acres in the Tortolita Mountains. He remarked that a variety of actions occurred subsequent to that Council action which had led the Town to this assignment and assumption of State Land Commercial Lease No. 03-105436. There was no discussion regarding this item. Upon motion from Vice Mayor Kai, seconded by Council Member -° Escobedo, Resolution No. 2001-138 was unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 16, 2001 2. Public Hearin: Ordinance No. 200118 and Resolution No 2001-135: Proposed amendments to the Land Development Code of the Town of Marana, by adding SECTION 05.11.07 RESORT AND RECREATION ZONE, and amending TITLE 3 DEFINITIONS by adding the appropriate new definitions dealing with the Resort and Recreation Zone and declaring Titles 5 and 3 as amended a public record. (Joel Shapiro) Joel Shapiro spoke before the Council regarding this item and outlined the intent of the proposed amendments to the Land Development Code. He explained that the Resort and Recreation Zone designation (RR) was intended to create and provide for the development and operation of temporary lodging facilities, recreation opportunities and associated specialized commercial guest facilities while protecting adjacent land uses from inappropriate and adverse impacts. He stated that staff had been thorough in addressing potential impacts and that development standards for site planning, building mass, noise impact and improvement standards were in place. He pointed out that the only significant issue involving the proposed amendments was that of noise impacts to the surrounding properties. He commented that meetings had been conducted recently with the resort facilities' operators and area landowners to address noise related concerns. He added that this group ~~as also discussing appropriate and compatible sound levels for day, night and weekend operation in respect to the adjoining neighborhoods. He recommended that the RR zoning designation be adopted without a Noise Impact section and that noise restrictions be developed separately through a Manager's Committee comprised of Town staff, area residents, and resort owners/operators. He suggested that any facilities annexed into the proposed zoning district would provide for the maintenance of appropriate noise levels through pre-annexation development agreements. Mayor Sutton commented that he and Council Member Escobedo had personally visited an area resident's home in order to get a feeling for noise levels. He pointed out that this issue was a common sense one and that the formation of the Manager's Committee would allow all concerned parties to participate in an acceptable solution. Upon motion by Council Member Comerford, seconded by Council Member Escobedo, unanimous approval to go into public hearing was given. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 16, 2001 Emily Johnston, Wade Road resident, voiced her opinions regarding the resort and recreation zoning designation. She said that growth should be done in a thoughtful and extremely responsible manner with a low sound impact. She said that growth should be good for families, homeowners, the adjacent Saguaro National Park, native wildlife, and businesses. She requested that any pre-annexation agreements received by the Town from area businesses be made public to the neighborhood groups. Grady Catlett, Wade Road resident, said that he thought certain uses should be made conditional until the full noise impact on the neighborhood was assessed. Jim Shiner, Lazy K Resort owner, said that he was proud that the resort had been continuously operating as a guest ranch since 1936. He pointed out that the business had grandfathered rights in its favor as it was in operation prior to the adoption of the Pima County zoning codes. He said that the Lazy K operated under a Pima County noise ordinance and had never received any complaints. He concluded by voicing his opposition to the proposed low decibel levels and remarked that he would be remiss if he agreed to these unreasonable noise levels. Mr. Hein said that the solution may be to employ site specific considerations and that the Towri s main focus was in being a good neighbor. He noted that Marana was dedicated to including all concerned parties in the solution process. Upon motion by Council Member McGorray, seconded by Council Member Blake, approval to come out of public hearing was unanimous. There was no further discussion regarding this item. By motion of Council Member Blake and a second by Council Member Escobedo, unanimous approval was given for the following: Ordinance 2001.18, with the deletion of the Noise Impact section; Resolution No. 2001-135 declaring Title 5 and 3, as amended public record; and A condition that any resort desiring to annex into the Town before the Town adopts a Noise Impact Ordinance shall include acceptable restrictions in apre-annexation agreement. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 16, 2001 3. PUBLIC HEARING: Resolution No. 2001-127: Adoption of the Town of Marana General Plan Update Public Participation Plan, in compliance with the requirements of Arizona's Growing smarter legislation (Joel Shapiro) Mr. Shapiro addressed the Council regarding this item and explained that a public hearing on this topic was originally scheduled for the October 2, 2001 Council meeting. He added that the Council had continued the hearing until tonight's meeting in order to incorporate additional comments into the plan. He gave a brief history of the Growing Smarter legislation. He added that project participation by the public had always been held in high regard by Marana and that public input was an integral element in the formulation of the Towri s planning documents. Upon motion by Vice Mayor Kai, seconded by Council Member Honea, approval to go into public hearing was unanimous. There were no speakers from the public regarding this item. Upon motion by Council Member Honea, seconded by Council Member Escobedo, unanimous approval to come out of public hearing was given. Upon motion by Council Member Blake, seconded by Council Member McGorray, Resolution No. 2001-127 was unanimously approved. 4. Resolution No. 2001-130 Countryside Ridge Preliminary Subdivision Plat: Request for approval of a 93-lot single family subdivision preliminary plat on 22.07 acres located on Blocks 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) Mr. DeGrood spoke before Council regarding this item and said that the Planning & Zoning Commission had recommended this 93-lot project for approval by Council. Mr. Reuwsaat explained that the applicant had committed to an amenities package that included $100,000 worth of park improvements, landscape buffers, sidewalks on Hartman Lane and Linda Vista Boulevard, and a pedestrian/bicycle path connecting all of the recreational areas. 8 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 16, 2001 Upon motion by Council Member Blake, seconded by Council Member Comerford, Resolution No. 2001-130 with conditions was unanimously approved. The conditions were as follows: 1. An on-the-ground survey for cultural remains prior to any ground modifications subject to the approval of the Arizona State Museum. 2. The resolution of water service provision prior to the approval of the Final Plat by Town Council. 3. The dedication of additional right-of-way for Hartman Lane to accommodate a half right-of-way of 50 feet. 4. No asphalt-shingled roof shall be allowed. 5. No roof mounted mechanical equipment shall be allowed. 6. Lots shall be a minimum of 5,000 square feet. 7. The applicant will provide $100,000 for park and recreation improvements. 5. Resolution No. 2001-132 -Continental Reserve Block 11 Preliminary Subdivision Plat: Request for approval of a 71-lot single family detached home preliminary subdivision plat on 17.58 acres located ~~ within the Pima Farms Specific Plan area. This property lies within Township 12 South, Range 12 East, Section 28, on the north side of Continental Loop Road and west of Artesiano Road. (Joel Shapiro) Mr. DeGrood addressed the Council regarding this item. He gave a short outline of the project and stated that staff recommended approval of this resolution. Council Member Comerford inquired about the lot sizes and Mr. DeGrood replied that the lots were typically 55 feet by 110 feet. Upon motion by Council Member Honea, seconded by Vice Mayor Kai, Resolution No. 2001-132 was unanimously approved. Mayor Sutton commended Bob Delaney for not missing any Council meetings even though he had recently undergone brain surgery. The Mayor also wished Mr. Delaney a full recovery and good health. Council Member Escobedo introduced his wife, Delores Escobedo, to the Council and the audience. He commented that Delores managed the Marana Food Bank and that, since the September 11~ attacks, donations °~ had been drastically down. He urged everyone to consider donating food or clothing to the community organization. 9 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 16, 2001 6. 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 Towri s position and instruct its attorney regarding litigation in Tortolita vs. Town of Marana (Dan Hochuli) Mr. Hein announced that an executive session was not necessary at this time and directed the Mayor and Council's attention to the Town Clerk. Ms. Entz surprised the Mayor and Vice Mayor with a birthday cake celebrating both of their recent birthdays. C. MAYOR AND COUNCIL'S REPORT There were no reports at this time. D. MANAGERS' REPORT There were no reports at this time. X. FUTURE AGENDA ITEMS There were no items presented for future agendas at this time. XI. ADJOURNMENT Upon motion by Council Member Escobedo and seconded by Council Member McGorray, unanimous approval to adjourn was given. The time was 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 October 16, 2001. I further certify that a quorum was present. elyn ~. Entz, Town ~;~ ~~. ,~~e.~,~~®~e~es~rrsr~~°~ ®~ ~ +,'s ~, ~u ra~7 ~ .m ~' w~°. v ~ ~ ~ ~ O°~" ~~~~~~~~~I1~~: ~~~~ 10 ;'~~?~~`' ~ Council Meeting Attendees Address Name Y v4 Y Z. ~~ 1~~ i it - ~wr LGC'FiE ~~ E - t,~/(--TM62~ Rio X57/ 1 ~~IG C"rf~~u~~ .sl ~ l 6 t~-2~c~,4Dc,~~;4~~ ~S 7L/) ~.~-p - ~~9-( 1...~. /7 "I i 7 ~ ~~.;~ , .ter ~ :~- r~F.rv ~y L G'_ (lS~ON' ~3oi /v ~ VvAt;F :~