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Home My WebLink About11/06/2001 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 6, 2001 PLACE AND DATE Marana Town Hall, November 6, 2001 I. CALL TO ORDER By Mayor Sutton at 7:02 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed. 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 Honea, seconded by Council Member Blake, the agenda with changes was approved unanimously. The changes were as follows: 1. Consent Agenda Item A. 6a. Ordinance No. 2001.21 - Section 26 Annexation was moved to Council Action Item B. 1. 2. By request of the applicant, Council Action Item B.1. Public Hearing: Ordinance No. 2001.16 - Sandario/Barnett Rezone was continued to the November 20, 2001 agenda. MINUTES OF REGULAR COUNCIL MEETING MARAIVA TOWN HALL NOVEMBER 6, 2001 VI. ACCEPTANCE OF MINUTES By motion of Vice Mayor Kai, seconded by Council Member McGorray, the minutes for the October 16, 2001 Council meeting were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Dan Gapp, Marana Unified School District teacher and longtime Town resident, addressed the Council with concerns regarding erosion and drainage issues in Richmond American Estates. He commented that there were also problems in dealing with the developer toward a resolution to the homeowners' concerns. He presented the Mayor and Council with a letter from David Paltzik, an attorney representing the homeowners on this issue. This letter has been made a permanent part of this record. Ellen Shopes, resident, addressed the meeting regarding the water issues in the Richmond American development. Ms. Shopes commented that, during the entire negotiating process, the homeowners had never sought any negative impacts for the developer or the Town such as seeking civil action or bringing the news media into the discussion. She asked for pro-active action from the Council regarding the Richmond Estates homeowners' problems. Mr. Paltzik spoke before the Council and reminded them that the existing erosion and drainage problems brought before them were occurring within the Town s limits and that the Town would inherit those problems when it accepted the roadways for maintenance. He said that the homeowners' goal was to have a functional drainage and run-off system that would not be a continuous maintenance problem for the residents as well as the Town. He reported that the negotiations were no further along in progress than they were a month ago and that the residents were very disappointed with Richmond American's inaction. Jerry Rutt, resident, voiced his concerns with these ongoing problems in his neighborhood. He remarked that the homeowners had unified to work as a group addressing their concerns with the drainage and erosion issues. Bill Cicala, resident, relayed his displeasure in the fact that no resolution had been reached to alleviate the drainage and erosion problems. He urged the Council to hold the builders accountable for the mistakes that had been made in residential and commercial developments, especially his area, Richmond Estates. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 6, 2001 Lenore Renna, resident, added that the Town should be anxious to have the problems resolved by Richmond Estates before it took over the roadway maintenance. She urged the Council to take action. Mayor Sutton said that the Town was actively working on these problems and that the release of assurances for several lots were being held until the developer settled these problems regarding drainage, right-of-way ownership, and erosion. He commended the residents for their tolerance in light of the ongoing major dispute and suggested that a neutral observer was necessary in order to move the process along between the interested parties. Mr. DeGrood reported that the Town had received a letter from the attorneys representing Richmond American and that the remedies outlined in this letter were not acceptable. He said that he would be reviewing various options with the homeowners again in terms of a proposal to Richmond American. Council Member Comerford stated that she had personally observed the area involved in the dispute and that it was certainly not acceptable. She said that time was of the essence and that the Town needed to move forward on this issue. Mr. Paltzik agreed with the Mayor and Council that a mediator was needed. He asked for Council and Town staff's help for the homeowners and that staff be prepared to give the mediator a solid cost for solving the numerous problems associated with this development. Mayor Sutton asked that this issue be dealt with immediately and that it be listed on the next Council agenda. Ora Mae Harn, Assistant Executive Director at the Marana Health Center, addressed the Council. She said that a re-evaluation of the property taxes for the health center as well as the Marana Food Bank had been performed and that the Pima County Board of Supervisors unanimously approved an override of these taxes. She thanked the community for their support of the clinic and community food bank regarding this issue. She commended the Town for it's recent waiver of permitting fees for an upcoming expansion and renovation of the Marana Health Center and thanked the Mayor and Council on their ongoing support of the health center. Ms. Harn introduced the newly appointed Marana Health Center Executive Director, Clarence Vatne. VIII. STAFF REPORTS There were no questions regarding staff reports. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 6, 2001 IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2001-128: Intergovernmental Agreement between the Town of Marana and the Marana Unified School District for Construction, Operation and Maintenance of Joint Use Community Parks at Coyote Trail Elementary School and Twin Peaks Elementary School (Ron Smith) 2. Resolution No. 2001-140: Appointment of John Hale to the Town of Marana Business Advisory Committee (BAC) (Roy Cuaron) 3. Resolution No. 2001-141: Authorization to enter into an Intergovernmental Agreement (IGA) between the Town of Marana and Pima County for the management and implementation of the 2001 Community Development Block Grant Program (Dan Groseclose) 4. Resolution No. 2001-142: Amendment to the 2000 Community Development Block Grant Program Contract Number 01-39-M-128426- ,~. 1000 for Management and Implementation of Remaining Project Funds (Dan Groseclose) 5. Resolution No. 2001-143: Request for the Town to waive permit fees for the renovation of the Marana Health Center (Mike Hein) 6. Ordinance No. 2001.20 and Resolution No. 2001-147: Adoption of 2001 Tax Code Amendments (Roy Cuaron) 7. Resolution No 2001-144• Thornydale Crossing Final Subdivision Plat: Request for approval of a 7-lot industrial commercial subdivision plat on 15.02 acres, located on both sides of Costco Drive Bordered by the Carmack Drainageway on the east, the Canada del Oro Wash on the north, and Home Depot development on the southwest, in a portion of Section 6, Township 13 South, Range 13 East (Joel Shapiro) MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 6, 2001 8. Approval of additional staff for Tres Rios del Norte project (Jane Howell) Upon motion by Council Member Honea, seconded by Council Member Blake, the consent agenda with an amendment was unanimously approved. Previously, during Item V. Approval Of Agenda, the Council unanimously voted to move Item IX. A. 6a. from IX. A. Consent Agenda to the first item heard under IX. B. Council Action. B. COUNCIL ACTION 6a. AMENDED Ordinance No. 2001.21- Section 26 Annexation: Consideration and approval of an annexation comprising approximately 506 acres adjacent to the Town's boundary north of Moore Road and directly west of the Dove Mountain development in Section 26, Township 11 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, and translating the zoning from Pima County Zone RH Zone to Marana Zone R-36, with additional permitted uses. This annexation area is adjacent to the 2400 acres of State Trust Land the Town has leased from the Arizona State Land Department (Dick Gear) Mr. Reuwsaat gave a brief history of this item. He said that this 506-acre annexation was an island adjacent to both the south and west of Dove Mountain as well as being bordered on three sides by State land. He said that the Town was looking at a much broader picture in terms of the use of the 2400 acres of State Trust Land that it had leased and he emphasized that this annexation area was critical to Marana for several reasons. He remarked that, primarily, the annexation would prevent an island from being formed within the State land lease area. Some of the benefits Mr. Reuwsaat listed included the acquisition of a permanent water supply and additional services such as police protection, fire protection, school bus service, and a strong commitment from the Town to honor the current rural lifestyles of the longtime area residents. He commented that this was the final step of the annexation process and recommended approval of the Section 26 annexation. Mayor Sutton commented that the Town would do everything it could to protect the current lifestyle of the annexation area's residents. ~. Upon motion by Council Member Honea, seconded by Council Member Blake, Ordinance No. 2001.21 was unanimously approved. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 6, 2001 2. Presentation: Update on Phasing Plan for Cortaro Road Improvements (Mike Hein) Mr. DeGrood briefed the Council on this item. He said that the Town was making the necessary moves to widen Cortaro Road in order to accommodate existing traffic safely and to continue to allow growth within the region. He commented that there were some difficulties being experienced by motorists during the unpleasant construction phase, especially at the Silverbell and Cortaro Roads intersection where storm drains were being installed. He pointed out that the project's final phase would encompass construction work in the immediate area of the interchange. He informed the Council that motorists were encouraged to take Silverbell Road to Ina Road and that police officers had been assigned for point control during peak morning and evening hours at that intersection. He stated that this situation would continue until a temporary traffic signal installation was completed within the next 45 days. He remarked that the dual left-turn lane off of the interstate would be eliminated when construction work began at the I-10/Cortaro Road interchange and that signal timing adjustments and possible police w.... augmentation would be made to accommodate any traffic demands. Bob Anderson, resident and Transportation Committee member, addressed the Council. He said that the construction personnel were cognizant of the need to maintain turn lanes during the daily rush hours. Mayor Sutton said that this construction effort had taken a lot of logical thinking and positive, practical, and safe moves on everyone's part. He thanked Mr. Anderson and Town staff for their hard work on this project. Mr. DeGrood pointed out that both traffic signal staff and traffic engineering staff would be monitoring the construction areas, particularly during evening peak times, in order to make necessary adjustments in the field. He added that, at the intersection of Silverbell and Cortaro Roads, there would be an elimination of the right turn lane for storm drain installation. He said that traffic would be directed to the left lane with a shared left-turn lane. 6 MINUTES OF REGULAR COUNCIL MEETING MARAi~IA TOWN HALL NOVEMBER 6, 2001 3. EXECUTIVE SESSION: Pursuant to A.R.S. ~ 38-431.03 (A)(1) to conduct interviews with applicants for the Planning and Zoning Commission (Dan Hochuli) Mr. Hein informed Mayor Sutton that an executive session dealing with Tortolita vs. Town of Marana pending litigation (Item IX. B. 4) was not needed at this time. Therefore, this executive session was held only to conduct interviews with the Planning and Zoning Commission applicants. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, unanimous approval to go into executive session was given. The time was 8:01 p.m. At 8:49 p.m., Mayor Sutton reconvened the Council meeting with all Council Members present and seated at the dais. 4. 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 litigation in Tortolita vs. Town of Marana (Dan Hochuli) It was decided earlier in the meeting that an executive session dealing with this item was not necessary at this time. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo thanked Mr. DeGrood for his recent donation to the Marana Food Bank. His generous gift was a truck and other assorted items. He also announced that the Marana Chamber of Commerce would be holding a Business Expo at Heritage Highlands and that this event would be helping the Marana Food Bank as well. D. MANAGERS' REPORT There were no reports at this time. X. FUTURE AGENDA ITEMS A topic suggested for a future agenda was the Richmond American Estates' drainage and erosion issue. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 6, 2001 XI ADJOURNMENT Upon motion by Council Member Blake and seconded by Council Member Honea, unanimous approval to adjourn was given. The time was 8:55 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 6, 2001. I further certify that a quorum was present. ocelyn . 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