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HomeMy WebLinkAbout11/06/1997 Special Council Meeting Minutes · 'MINUTES.OF SPECL~L COUNC[LMEETING. ' · ".MARANA TOWN COUNCIL '. · · NOVEMBER 6~ 1~7 · '. PLACE AND DATE Marana Town Hall, November 6, 1997 CALL TO ORDER By Mayor Ora Harn at 7:05 P.M. I1. PLEDGE OF ALLEGIANCE Led by Mayor Ora Ham 1II. INVOCATION Led by Mayor Ora Harn IV. ROLL CALL COUNCIL Ora Harn Bobby Sutton, Jr. Ed Honea Herb Kal Sherry Millner Michael Reuwsaat Roxanne ZJegler Mayor Vice Mayor Council Member Council Member Council Member, excused Council Member Council Member STAFF Hurvie Davis Michael Hein Sandy Groseclose Dave Atler Town Manager Assistant Town Manager Town Clerk Public Works Director ¥. APPROVAL OFAGENDA A motion was made by Mike Reuwsaat, seconded by Ed Honea, to approve the agenda as presented. The motion was carried 6/0. ACCEPTANCE OF MINUTES No minutes presented. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS No action taken. VIII. STAFF REPORTS No action taken. Mayor Harn: We will now have a fifteen minute recess while the Council takes the opportunity to review the material before them. IX. '.' :MINUTES'OF SPECIAL COUNCIL MEETING.' .. : . Roxanne ziegler: I would like to apologize to people in the audience who do not know what is going on. None of us have had an opportunity to see these papers in front of us. I don't know about the rest of the Council but I come from a contract background and I don't want to vote on anything I haven't seen before. I apologize that we have to take time to look at these. I think this is very inappropriate. Mayor Harn: If any council members want to seek information or guidance from any of the staff, please feel free to leave the dias and do that at this time. Meeting recessed at 7:07. Meeting reconvened at 7:12. GENERAL ORDER OF BUSINESS ao EXECUTIVE SESSION - Pursuant to A.R.S. 38-43'1.01 (A) (4) for Discussion and Consultation with the Town Attorney to Consider the Town's Position and Instruct its Attorney Regarding threatened Litigation By Sunward Materials and Trust #7610-T. A motion was made by Mike Reuwsaat, seconded by Ed Honea, to go into executive session. Motion carried 6/0. Council went into executive session at 7:'15. All council members, except Sherry Millner, returned to the dies from executive session at 8:04. Marana Town Council Acting as the Floodplain Management Board Discussion and Possible Action Regarding Permit of Sunward Materials for Mining Activity, and a Cease and Desist Order. Wink Pearson: A number of things have happened since last Tuesday evening regarding this issue. I have met with staff and discussed certain matters with both the Trust and Sunward persons. As a result of that discussion, some proposals were made by those entities concerning the Cease and Desist Order and how to resolve that in the best interest of the parties. As a result of those discussions, just recently the parties have made a proposal to the Council and Board. That has been cleady discussed by staff, the Council, the Board and myself. As I understand it, the Council's and the Board's desires relative to this matter, given the presentation that was made by Sunward and the Trust, are as follows: In order to avoid the enforcement of the Cease and Desist Order by 5:00 tomorrow, the Board and Council expects certain agreements and representations to be made by Sunward and the Trust. These agreements and representations are: 1) By 5:00 PM on Friday, November 7, '1997, Sunward and the Trust will cease all mining activities in the designated Floodplain between Ina Road and Cortaro Farms Road along the Santa Cruz River. 2) Sunward and the Trust will comply with all provisions of the 2 · MINUTESOF' SPECIAL Co'uNciL.iMEETING· .. : .. · MARANA TOWN COUNCIL · ' · ·NO~/.EMBER 6~ 1997· ' · · '. · Marana Floodplain Ordinance (Title 21) for all their activities in the Floodplain. 3) Sunward and the Trust acknowledge the continuing obligations of Sunward and the Trust under the indemnification agreements previously submitted by Sunward and the Trust in July, 1994.4) Sunward and the Trust will maintain the Town as an additional named insured with coverage limits of $10 million under a comprehensive general liability policy which insures the Town from any tort liability for personal injuries or property damage arising out of Sunward's and the Trust's activities in the Floodplain. 5) Sunward and the Trust agree to pursue all alternative paths regarding their mining activities in conformity with the Town of Marana's ordinances governing such activities. 6) Sunward, the Trust and the Town retain all rights and remedies to which they are entitled under applicable law. This agreement is in writing and should be signed by all parties (the Town, the Board, Sunward Materials and the Trust) The Council and Board would direct staff to continue to communicate and coordinate with Sunward and the Trust to see if this resolution could be achieved by 5:00 tomorrow. Doug Kennedy, Fairbanks Management: We have agreed to leave the operation at 5:00 tomorrow afternoon. You are asking me for this in writing by Fdday at 5:00 and I don't know if I can get all the parties to do that. We are going to move out of there by 5:00. That may be problematic with people in and out of town, Sunward is in Phoenix and will need other people to sign. I promise we will do it as expeditiously as possible. To memorialize what Mr. Pearson said, the only other item I remember is that both parties will still retain all of their legal rights and options, is that still part of the motion? Wink Pearson: Yes. Mayor Harn: Doug, we have fax machines that go back and forth in minutes. So, I think that the Council holds fast to the resolution that this must be in writing. Mr. Pearson will put something together, you can review it and work something out. But, Council has determined they want something in writing by 5:00. Roxanne Ziegler: Let me be more specific, it has got to be what our council just said. Doug, I don't think we can be any more clear. Doug Kennedy: I made this proposal in good faith and I still make it in good faith. I don't want anyone to misconstrue anything in any way, shape or form. I said we would try to comply with it. We are going to be out of the river by 5:00. If something doesn't happen, you have to do whatever you do. But, we are going to be out of the dver at 5:00. I am just telling you that's where we are going to be and I will do everything in my power to memorialize this at 5:00. I know fax machines work, but I don't know how to guarantee that here tonight. I don't control every single party involved. Wink Pearson: In order to assist this and expedite it we could fax a draft of the document to Sunward and the Trust by 8:30 tomorrow morning so they MiNUTES'OF spECIAL COUNCIL MEETING...... .'........ would have a full business day in which to work on this and see that it got completed. We feel it is appropriate that the document be signed. Roxanne Ziegler: Counselor, I am not worried about what the Town of Marana is going to do, I know what we will do. Mr. Kennedy, as a member of the Council and the Floodplain Management Board, I don't know how else to tell you, it has to be in writing. You just leaving the premises, which we are very happy that you have chosen to do that and it is in good faith, isn't enough. Because of some things that have happened in the past, we need to have your commitment in writing, It does not have to be fancy, it can even in pencil or pen, as long as it includes the 7 or 8 items that our counselor mention earlier. I am trying to be polite here. Doug Kennedy: I am, too. But, I have dealt with the Town in good faith, I know you don't believe that, but I can't control the Town or Sunward. I can only control our operations and what we have committed to. You are asking me for something that I will do everything within my power to accomplish. If we are not out of the river at 5:00, you have to do what you have to do. Then there are other consequences and I don't want any of those to happen. I am going to try and get this done. Wink Pearson: One more time, for the record, we will put together a draft letter for them to sign and fax it to the Fairfax Trust group and to the Sunward group. So both parties will have it and have an opportunity to respond. Mayor Harn: I think the Council has been very plain about their instructions. I have a speaker's card from Mr. Taylor but this is not a public headng so I will ask the Council if they want to give Mr. Taylor an opportunity to speak. Council agreed to let Mr. Taylor speak. Al Taylor: I have been asked by the senior citizens in Continental Ranch to represent their views and interests. I will try not to repeat everything I said on Tuesday evening, but I think a certain amount of repetition is appropriate. I need not remind you that the Marana of today and the Marana of the future is not the Marana of the past, because many of you have been the agents of the change that has occurred. With your encouragement of development and your policy of aggressive annexation, you have altered Marana greatly. Now, we cannot go back. The day when someone could go out and claim a piece of land, find a claim and then proceed to exploit that land without regard for consequences is gone. Marana has been taken down the path of business, industrial and residential development. As that development progresses, there is continuous concern that every phase makes the best and highest use of our land and resources. Sand and gravel operations are the worst and poorest uses of our land and resources. Our new general plan emphasizes that our most valuable resource is not the sand and gravel in the vicinity of the Santa Cruz River. Our most valuable asset is the 1-10 corridor that connects the two greatest metropolitan areas in the state. It is the major route for North to South and East to West. Sighting sand and 4 Xl. "'. . MINUTES OF SPECIAL'COUNCIl/, MEETING :. '" "'" ] ' ] ".MA]RANA. . . 'TowN. cOUNcIL. '.'." '.".'. '." '.' · ..'" "'" ' ''. NO'VEMIIER 6, i997.. ]' ] .' '. '.' ."..]]"'..'... gravel operations in the corridor squanders our most valuable asset. The value of the corridor is that it can attract the types of business and industry that will provide ratable and higher levels of employment. Locating sand and gravel operations in that corridor is costly. Such operations do not provide us with revenue, they drive away revenue producing operations. They involve greater and heavier use of the infrastructure without providing revenues. They impact our environment with noise and dust and they scar the area. We receive no benefits and ultimately are left with an unsightly and unusable hole in the ground. Instead of looking for ways to extend such operations, we need to find ways to dd ourselves of them. They have no place in a town, particularly in the heart of a town. They are not a legitimate part of the Marana that the new general plan calls for and that the people of the Town envisioned. If what you have done at this point is call a halt to part of that operation, we applaud you. Thank you. Mayor Ham: At this point, Mr. Taylor, the Council is working to uphold the decisions of our attorneys and what we are legally aloud to accomplish tonight. So, we are working very diligently toward that, the Council is as concerned as you. Thank you. A motion was made by Vice Mayor Sutton, seconded by Roxanne Ziegler, that the Council, acting as the Floodplain Management Board, uphold the Cease and Desist Order to be in effect by 5:00 PM tomorrow, unless the conditions read by our attorney are met with the excavation and the other conditions stopping by 5:00 PM. If all conditions are not met, then the Cease and Desist Order will go into effect. Ed Honea: I would ask the Vice Mayor to include in there that it must be in writing by 5:00 PM. Vice Mayor Sutton: I accept that amendment. Roxanne Ziegler: I accept that amendment, Motion carried 6/0. ADJOURNMENT A motion was made by Vice Mayor Sutton, seconded by Mike Reuwsaat, to adjourn. Motion was carried 6/0. Meeting adjourned at 9:00 PM. CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Marana Town Council held on November 6, 1997. I further certify that a quorum was present.