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HomeMy WebLinkAbout02/16/1999 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall, February 16,1999 CALL, TO ORDER By Mayor Ora Harn at 7:03 P.M. II. III. IV. VI. PLEDGE OF ALLEGIANCE Led by Mayor Ora Harn INVOCATION Led by Brad DeSpain, Utility Director ROLL CALL COUNCIL Ora Harn Bobby Sutton, Jr. Ed Honea Herb Kal Sherry Millner Michael Reuwsaat Roxanne Ziegler Mayor Present Vice Mayor Present Council Member Present Council Member Present Council Member Present Council Member Present Council Member Excused STAFF Michael Hein Dan Hochuli Sandy Groseclose Dave Atler Brad DeSpain Jerry Flannery Town Manager Town Attorney Town Clerk Public Works Director Utilities Director Development Services Administrator APPROVAL OFAGENDA A motion was made by Mike Reuwsaat, seconded by Bobby Sutton, to approve the agenda. The motion carried 6~0. ACCEPTANCE OF MINUTES Minutes of Council Study Session - February 2, 1999 Minutes of Regular Council Meeting - February 2, 1999 A motion was made by Ed Honea, seconded by Bobby Sutton, to accept the minutes of the Council Study Session and the Regular Council Meeting, both held on January 19, 1999. Motion carried 5~0. Councilman Michael Reuwsaat abstained as he was not present at either meeting. CALL TO THE PUBLIC/ANNOUNCEMENTS At this time, any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council Chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, the speaker's comments may not be considered, discussed, or even answered by the Council at this meeting, but may, at the discretion of the Town, be placed on a future agenda for discussion/action. Councilman Reuwsaat introduced his Rotary exchange student, Anna Folgueira, who is from Argentina and staying with the Reuwsaat family for a government assignment. Mayor Harn welcomed Ms. Folgueira to the United States on behalf of the Town of Marana and the Council. Vice Mayor Bobby Sutton congratulated Sandra Groseclose, Town Clerk, for her successful efforts promoting Vote By Mail. Mr. Sutton pointed out that only 69 votes were made through this program in the last primary two years ago versus over 550 requests for the forms for this upcoming election in March. Mayor Harn announced the birth of Councilman Herb Kal and wife Diane's daughter on February 15th. The mother and baby are doing great and Councilman Kal said that no name had been chosen. Mayor Harn added that Congressman Jim Kolbe will be holding a Town Hall meeting on Saturday, March 6~, from 9:30 a.m. to 11:30 a.m. at the Marana Town Hall and encouraged everyone to attend. Mayor Harn proudly announced that on February 23r~ at 4:00 p.m. the groundbreaking will take place for the Lower Santa Cruz River Bank Protection and Flood Control project for the Marana area residents. Mayor Harn stated that this announcement gave her more pleasure than any other announcement she had ever made throughout her years as Mayor and Councilperson. She urged the Council to make sure that everyone having a part in implementing this project over the years is invited to the groundbreaking ceremonies. Sandra Groseclose, Town Clerk, reminded the Council of the Marana Chamber of Commerce luncheon at the Silverado Steak House on Wednesday, February 17th and the upcoming Founders' Day celebration coming up on March 20% STAFF REPORTS Mayor Harn inquired if there were any questions concerning the Staff Reports. There were none. IX. GENERAL ORDER OF BUSINESS A. Consent Agenda 1. Authorization to Hire an Information Systems Consultant through AMRRP. (Jane Johnson) 2. Resolution No. 99-19 - Renaming of the previous Tangerine Road alignment to "Tangerine Farms Road" and naming the connecting road "Tangerine Lane". (Dave After) 3. Resolution No. 99-17 - Request by WLB Group to relocate the no access easement for Lot 115 of Parcel 51 of Continental Ranch as previously recorded in Book 48 Page 58-1. (Dave After) 4. Approval of Budget Schedule (Roy Cuaron) 5. Resolution No. 99-20 - Appointment to the Town of Marana Business Advisory Committee. (Roy Cuaron) A motion was made by Mike Reuwsaat to approve the Consent Agenda, seconded by Bobby Sutton. Motion carried 6~0. Ordinance No. 99.02 - Requiring developers of land within the Lower Santa Cruz River Levee Benefit Area to enter into Development Agreements with the Town of Marana to reimburse the Town for its share of the costs for construction of the levee from the enhanced value of the owners' property, and repealing all resolutions, ordinances and rules of the Town of Marana in conflict herewith. (Mike Hein) Mike Hein briefly explained that this ordinance basically allows the Town of Marana to implement the requirements under the IGA with Pima County to construct the levee project. Mr. Hein recommended amending Section 2, page 2, of the ordinance to read "payable upon issuance of building permits". Councilman Mike Reuwsaat asked the Town Manager to explain exemptions included in the ordinance. Mr. Hein explained that the two exemptions of the ordinance include properties smaller than 2 acres in size or properties primarily and solely used for agricultural purposes. He further explained that this exemption protects the residents who wish to develop their property as a single family residence. Councilman Kal asked if progress had been made in diverting a $1,875,000 reimbursement the Town was obligated to make to the Pima Flood Control District and having these funds specifically funneled into Phase II of the bank protection project. Mr. Hein stated that no substantial progress had been made in this area but that Town staff had already begun discussions regarding this matter. He further stated that the groundbreaking ceremony on February 23r~ would be a good time to continue these discussions with the project's co- sponsor, Chairwoman Sharon Bronson. Councilman Mike Reuwsaat suggested that a letter from Mayor Ham be drafted promoting this theme as the Council's official position regarding these funds. A motion was made by Bobby Sutton, seconded by Ed Honea, to approve the ordinance with the changes to Section 2, Page 2. Motion carried. 6/0 ~TEs OF REGUL~ COUNCIL MEETING · .':.::::':" ' 'i'' .i'.' ~'....F~BRUARY'::.16,1~9~ ,: : Ordinance No. 99.04; Marana High School Annexation - Consideration and approval of an annexation comprising the south half of the south half of Section 21, Township 12 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona. This annexation consists of approximately 160 acres, some of which contain that portion of the Marana High School that is not currently in the Town. (Dick Gear) Mike Hein briefly reviewed the ordinance for the Council. David Parker, Planning Commission member, spoke before Council regarding procedural issues with the Marana Land Use and Development Code, Section 02.02.03, Paragraph I, Review Proposed Annexations. This section of Town Code, regarding the duties and powers of the Planning and Zoning Commission, reads that the Planning and Zoning Commission shall study and recommend annexation plans prior to their presentation to Town Council for approval of ordinances. Mr. Parker stated that this section needs revision if this is not the procedure being followed. Mike Hein stated that he believed that this procedure had been rescinded in 1994 or 1995. Vice Mayor Bobby Sutton voiced concern regarding several recent annexations in spite of the omission of this procedural obligation. Mike Hein continued to recommend approval of the ordinance and stated that it would not be in effect for 30 days during which time Town staff could research this matter. Dan Hochuli, Town Attorney, agreed with Mr. Hein and stated that this matter could be discussed again at the next Town Council meeting if needed. A motion to approve was made by Mike Reuwsaat, seconded by Ed Honea. Motion carried 610. Ordinance No. 99.05: Section 19 Annexation- Consideration and approval of an annexation comprising a triangular parcel in the northeast quarter of Section 19, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona. This annexation consists of approximately 255 acres. (Dick Gear) Mike Hein stated that there is a clerical error in the ordinance regarding the quantity of acres. The ordinance should read 40 acres as opposed to 250 acres. Councilman Mike Reuwsaat moved to approve the ordinance with the clerical correction. The motion was seconded by Vice Mayor Bobby Sutton. Motion carried 6~0. Discussion and Presentation - Request to address the Town Council by Lisa Konti regarding drainage issues that she is experiencing on her property. Ms. Konti lives at 5496 Playtime Drive, Marana, AZ, 85653. (Mike Hein) Lisa Konti spoke before the Town Council regarding the problems she has been experiencing with her lot drainage and the history of her problem resolution efforts with the builder, KE&G Homes. Mayor Harn, Vice Mayor Sutton and Council members Honea and Reuwsaat all voiced concern about any help for Ms. Konti from the Town Council in solving her problems with KE&G Homes as there is potential legal action pending. Councilman Reuwsaat pointed out that because of the pending litigation it would be inappropriate to have the Town Council become involved in any way other than as a public forum for Ms. Konti except where code or assurance violations existed or actual fraud had occurred. Mayor Harn urged Ms. Konti to try again to sit down with KE&G Homes and resolve the issues. Councilman Kal offered the Town Hall conference room for use by Ms. Konti and KE&G Homes representative. Tom Covell, Vice President & General Manager of KE&G Homes, spoke before the Council and stated that his firm is anxious to amicably solve Ms. Konti's problems and concerns regarding her home lot as well as preserve his company's reputation in the Marana community. Discussion/Direction - Term of Office of the position of Vice Mayor Mike Hein suggested bringing all of the various Town Code procedural changes associated with the direct election of the Mayor to the Council's attention at one time as an informational discussion and bring back for action at a later Council meeting. Pima Association of Governments Regional Council Meeting - Review for discussion and direction. (Mike Hein) Mike Hein summarized the issues under discussion at PAG Management Committee meetings including the Town of Sahuarita now being allowed to operate their own sewage plant and that Pima County identified all rail crossings that required repair or attention. H= State Legislative Issues - Discussion/Direction/Action regarding all pending bills before the Legislature, (Mike Hein) Mike Hein stated that Representative Bill McGibbon's incorporation bill strike all had made it through the committees and that the bill puts a moratorium on incorporation excluding Casas Adobes and Tortolita. Mr. Hein stated that there is no reason to be worried at this time but to watch the bill. Should it pass the House, then the Town of Marana should become actively involved to aid in preserving the 1961 law promoting regional cooperation. Mike Hein added that the vehicle license tax issue and the impact of the potential reduction in the state shared revenues with the abolishment of this tax. Mr. Hein informed the Council that the net fiscal impact to the Town of Marana would be approximately $62,000 per annum. Siting an example of the $ significance of this figure, he said this was equivalent to the soccer field lights budget. Mayor and Council's Report There were no reports from the Council. Mayor Harn reported that she had participated in the Love of Reading Week and had read to the children at Estes Elementary. She stated how much she enjoyed that duty and that she had a great time with the kids. J. Manager's Report There was no report XI. FUTURE AGENDA ITEMS There were no future agenda items suggested. ADJOURNMENT A motion was made to adjourn by Bobby Sutton, seconded by Mike Reuwsaat The motion passed unanimously. 6/0 Time was 8:27 p.m. CERTIFICATION hereby certify that the foregoing minutes are the true and correct minutes of the Marana Town Council held on February 16, 1999. I further certify that a quorum ~R~CLOSE, TOWN CLERK