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HomeMy WebLinkAbout07/18/2000 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall, July 18, 2000 CALL TO ORDER Mayor Sutton at 7:08 p.m. II. III. IV. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/MOMENT OF SILENCE A moment of silence was observed. ROLL CALL COUNCIL Bobby Sutton, Jr. Mike Reuwsaat Ed Honea Herb Kai Ora Mae Harn Roxanne Ziegler Jim Blake Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Excused Present Present Present Present Present STAFF Michael Hein Dan Hochuli Jocelyn Entz Brad DeSpain Jane Howell David Smith Jim DeGrood Town Manager Town Attorney Town Clerk Utilities Director Human Resources Director Police Chief Development Services Administrator The list of public attendees is attached. V. APPROVAL OF AGENDA Upon motion by Council Member Ziegler and seconded by Council Member Honea, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES A. Minutes of Council Meeting - July 5, 2000 Upon motion by Council Member Honea, seconded by Council Member Blake, the minutes for the Council meeting held on July 5, 2000 were unanimously approved. VII. VIII. IX. CALL TO THE PUBLIC/ANNOUNCEMENTS There were no announcements or speakers from the audience. STAFF REPORTS, IF ANY There were no questions regarding staff reports GENERAL ORDER OF BUSINESS A. CONSENT AGENDA Resolution No. 2000-81 - Development Agreement for financial contributions for the development of public park facilities in the Continental Ranch area between the Town of Marana and Richmond American Homes of Arizona, Inc. (Jim DeGrood) Resolution No. 2000-83 - Amending Resolution No. 2000-50 to approve extending the deadline for the area known as Casas Adobes to incorporate from December 31, 2000 to March 31, 2001, to approve the amended map of the incorporation area and declaring an emergency to exist (Mike Hein) Council Member Harn made a motion to approve the Consent Agenda. This motion was seconded by Council Member Honea and unanimously approved. B. COUNCIL ACTION 1. Acceptance of resignation of Vice Mayor Michael A. Reuwsaat and procedure for filling Council vacancy (Mayor Sutton) Mr. Reuwsaat spoke before the Council regarding his resignation. He thanked everyone for all of their help and friendships over the past several years. He asked that the Council accept his resignation. Upon motion by Council Member Blake, seconded by Council Member Harn, Vice Mayor Reuwsaat's resignation was unanimously accepted and the Town Clerk was directed not to advertise the position at this time. All of the Council members expressed their appreciation of Mr. Reuwsaat's leadership and guidance and said that they looked forward to working with him through the Town Manager's office. Resolution No. 2000-82 and Ordinance No. 2000.10, declaring as a public record and amending Chapter 9, Business Regulations of the Town Code of the Town of Marana, making changes throughout the chapter relating to adult businesses and repealing all resolutions, ordinances and rules of the Town of Marana in conflict therewith and declaring an emergency to exist (Dan Hochuli) Mr. Hochuli reviewed the modifications to the Town Code, Chapter 9, Article 6, Sexually Oriented Businesses. He explained that the changes granted more due process rights to the owners and operators of sexually oriented businesses. He explained that this was accomplished by ensuring a quick response to applications to operate such businesses and by ensuring an appeal process which guards their rights to expression. He said that the changes also removed formalistic definitions of certain sexually oriented businesses, broadening the application of the article in line with recent case law in this area. He pointed out that the intent of the ordinance was not to suppress any speech activities protected by the First Amendment but to provide ways to better ensure the constitutionality of this ordinance. He concluded by explaining the addition of a retroactivity clause, Section 9.6-27, protecting businesses operating prior to the execution of this ordinance. Jay Lujan, co-owner of New Beginnings, spoke to the Council about his approval of the Town's direction in regard to the licensing of Fascinations and the modifications to the Town Code relating to all adult businesses in Marana. Warren Tenney, non-resident, commented that he was a frequent shopper within the Marana boundaries and he voiced his opposition to the licensing of any adult businesses in Marana. Terri Proud, resident, asked if existing adult businesses would be grandfathered into the ordinance. Mr. Hochuli responded that he did not know if there were any existing businesses of this type operating within the Town's boundaries. He explained the retroactive provisions that were laid out in the ordinance. 3 Wade Bidwell, resident, questioned the reduction in the distance an adult business must be from a school. Originally, the ordinance required a one mile distance and this was revised to 1,500 feet. Mr. Hochuli replied that because of the constitutional issues associated with this ordinance, the Town felt that the mile limit was overly oppressive and would be successfully challenged in the courts. Mayor Sutton commented that this was an important issue for Marana and that the Council had been working on revising the Town Code relating to this issue for at least six years. Upon motion by Council Member Harn, seconded by Council Member Kai, Resolution No. 2000-82 and Ordinance 2000.10 were unanimously approved and an emergency was declared in order to protect the public health, safety and welfare. 3. Update of the Northwest Marana General Plan Amendment Process (Jim DeGrood and Joel Shapiro) Mayor Sutton pointed out that this item required several lengthy and in-depth discussions. He suggested that a study session be scheduled for Tuesday, July 25, 2000. Upon motion by Council Member Harn, seconded by Council Member Honea, approval was unanimously given to continue Item B.3 and to schedule a study session for July 25, 2000 regarding the Northwest Marana General Plan Amendment process. Mayor Sutton recessed the meeting at 7:48 p.m. The Council meeting was reconvened at 7:59 p.m. with all of the Council members present on the dais. 4. Policy Statement Regarding Development Activities in the Northwest Marana Plan Boundaries (Jim DeGrood and Joel Shapiro) Mayor Sutton pointed out that it would be prudent to continue this item until after the Council study session on Tuesday, July 25, 2000 regarding the Northwest Marana General Plan Amendment process. There was no further discussion regarding this item. Upon motion by Council Member Harn, seconded by Council Member Blake, Item B.4 Policy Statement Regarding Development Activities in the Northwest Marana Plan Boundaries was continued to a future Council date following the study session on July 25, 2000. The vote was unanimous. MARANA TOWN HALL Resolution No. 2000-79, Continental Ranch Desert Traditions I: Request for Approval of a 48-1ot preliminary subdivision plat on 14.82 acres located within Continental Ranch Parcel 24A, south of the southwest corner of Twin Peaks Road and Coachline Boulevard within a portion of Section 21, Township 12 South, Range 12 East. Property Owner/Applicant is Pulte Homes, 7493 N. Oracle Road, Suite 115, Tucson, AZ 85704 (Joel Shapiro) Kevin Kish, Principal Planner, summarized this request and recommended approval with one condition. That condition was that the final approval of minor technical revision be made by the Planning Director. Upon motion by Council Member Honea, seconded by Council Member Kai, Resolution No. 2000-79 was unanimously approved. 6. Recap of Marana 4th of July celebration (Kelle Maslyn) Ms. Maslyn reviewed the Fourth of July 2000 activities held at the Marana Northwest Regional Airport and recounted to the Council the compliments that she had received regarding this event. The crowd was much larger than in 1999; estimated at 30,000. She presented the Council with a printed breakdown of the expenses. A copy of this document has been made a permanent part of this record. Mayor Sutton commented that this event was considered the Town's signature event and that it was essential for it to continue to be successful each year. He praised the 2000 event and stated that a video of the television coverage was available to the Council members upon request. Mayor Sutton emphasized his desire to ensure the success of these festivities by helping the Chamber of Commerce with future financing. He asked for a future agenda item regarding this matter. Council Member Honea expressed his pride in Marana for its association with such a successful celebration. He said that, given the enormous turnout, he was truly amazed at how well organized all of the activities were throughout the day. He predicted that the Town, in conjunction with the Marana Chamber of Commerce, could build on this event to have it become a statewide leader in Fourth of July festivities. Council Member Harn stated that the outstanding success of the Fourth of July 2000 event proved that Marana was more than able to attract a large audience. She reported that the Marana Health Clinic helped out by staffing the first aid booth. She also suggest that a shuttle service be looked into for next year's event. She said that this approach worked very well for traffic control at the large golf tournaments held throughout the metropolitan Tucson area. Council Member Blake pointed out the large amount of hours put in by the Town staff and commended them for a job well done. A report of the Town staff time and expenses has been made a permanent part of this record. He also praised Sandy Groseclose, the Abrams family and the Dougan family for the clean-up efforts. Council Member Ziegler said that she was truly impressed with the entire operation and commented that she really enjoyed the LeeAnn Savage concert. She declared that it was spectacular show and was also the perfect solution for controlling the traffic flow as the event ended. 7. Update and Discussion of amendments to A.R.S. Section 38-431 relating to open meeting law and calls to the public (Dan Hochuli) Mr. Hochuli summarized the changes to the open meeting laws that had been enacted during the 1999-2000 session of the Arizona Legislature. He explained that the premise of the open meeting law was to assure that the public was aware of what the Council is discussing and that the public has a right to be present and to hear the discussion. He further stated that all meetings with a quorum must have agendas and only items on the agenda can be discussed. It is a civil and criminal violation of the Law if the open meeting rules are not followed. He explained several of the major changes to the Law. These included the redefinition of "meeting" which accommodates the use of "technological devices," changes to executive session rules, and, during the call to the public, allowing public body members to respond to criticism, ask staff to review a matter, or ask that a matter be put on a future agenda. He said that he intends to update the language that the Mayor reads during Council meetings for the call to the public. Mayor Sutton and Council Member Ziegler had several questions regarding email correspondence. The Mayor asked for the Town Attorney to research this subject for more in-depth clarification. Ray Osowski, resident, spoke before the Council regarding this matter. He was adamantly opposed to the open meeting law that prohibits Council discussion for a subject that is not on the agenda. He asked if language could be added to the call to the public announcement that alerts the public that Town staff will respond to any concerns within a specific time period. C. Mayor and Council's Report Mayor Sutton reported that he would be in Nogales, Arizona during next week and could be reached on his mobile phone. 6 D. Manager's Report There was no report from Mr. Hein. X. FUTURE AGENDA ITEMS Two topics were requested for future agendas. They were (1) possible funding assistance from the Town for the Chamber of Commerce with future Fourth of July events and (2) an in-depth explanation and discussion of email correspondence in relation to Council members subject to the new open meeting law applications. XI. ADJOURNMENT Upon motion by Council Member Blake, seconded by Council Member Honea, adjournment was unanimously approved. The time was 8:38 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July 18, 2000. I further certify that a quorum was present.