Loading...
HomeMy WebLinkAbout12/04/2001 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 4, 2001 PLACE AND DATE Marana Town Hall, December 4, 2001 I. CALL TO ORDER By Mayor Sutton at 7:01 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 Excused Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF V. VI. Michael Hein Town Manager Dan Hochuli Town Attorney Jocelyn Entz Town Clerk Jim DeGrood Development Services Administrator Attached is a list of public attendees. APPROVAL OF AGENDA Upon motion by Council Member Blake, seconded by Council Member McGorray, approval of the agenda as written was unanimous. ACCEPTANCE OF MINUTES By motion of Vice Mayor Kai, seconded by Council Member Escobedo, the minutes for the November 20, 2001 meeting were unanimously approved. 1 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 4, 2001 VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Ms. Entz read a holiday greeting into the record. The note was to the Town Council and staff from Bob Delaney, a former resident, who related that he felt a special kindred with Marana even though he recently moved to another area. VIII. STAFF REPORTS There were no questions regarding staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2001-145: Authorization to enter into a Partnering Agreement with Old Pueblo Archaeology Center, anon-profit organization, for a Research and Heritage Program, over a seven (7) year period, for the Yuma Wash Hohokam village site and the Bojorquez- Aquirre Ranch historic site located in the Marana District Park (Farhad ..~ Moghimi) 2. Resolution No. 2001-151: Presidio Engineering, representing New World Homes, is requesting the approval of a 353-lot subdivision on appropriately 157.33 acres of currently vacant land located at the southwest corner of Linda Vista Boulevard and Hartman Lane within a portion of Section 23, Township 12 South, Range 12 East. (Joel Shapiro) 3. Resolution No. 2001-154: Supplemental pay policy for employees who are called to active duty during Operation Enduring Freedom (Jane Howell) 4. Resolution No. 2001-155: Gladden Farms Final Block Plat: An application for a final block plat on 714 acres of land consisting of 25 Blocks. The plat includes residential and commercial blocks as well as school sites, park and open space. The property is located within portions of Sections 33 and 34, Township 11 South, Range 11 East, north of Tangerine Road, west of Postvale Road, south of Moore Road, and east of Sandario Road. (Joel Shapiro) MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 4, 2001 5. Resolution No. 2001-156: Development Agreement between the Town of Marana and Gladden Farms, L.L.C. (Jim DeGrood) Upon motion by Council Member Honea, seconded by Council Member McGorray, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Introduction of the new Planning and Zoning Commissioners and administering the Loyalty Oath (Jocelyn Entz) Mayor Sutton explained the process involved in becoming a Planning and Zoning Commissioner and congratulated the two appointees for the hard work put into this effort. He introduced Billy Schisler and Patricia Berg to the Council and public. Ms. Entz administered the loyalty oath to both of the new commissioners. 2. PUBLIC HEARING: Resolution No. 2001-149: Continental Ranch Parcel 50 Abandonment of the Public Drainage Way from Wade Road east approximately two-hundred thirty feet (230') (Jim DeGrood) Upon motion by Council Member Escobedo, seconded by Council Member Honea, approval to go into public hearing was unanimous. Sandee Brisbine, resident, addressed the Council regarding this item. She voiced her opposition to this abandonment and declared it to be a private dispute between neighbors, unworthy of the Council's consideration. Ray Brisbine, resident, conveyed his opposition to this abandonment as well and told the Council that he was unable to respond to the public noticing of this property as he was out of town. He added that he was in possession of 26 additional signatures of area residents who opposed this abandonment action by the Town. Mr. Brisbine emphasized that this was a neighborhood dispute and declared it to be a vindictive action on the petitioner's part. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 4, 2001 Perry Frahm, resident, spoke before the Council to declare his opposition regarding this item. He said that the right-of-way provided his family with a safe passageway from Sombrero Peaks to Wade Road and pointed out that, with the rapid increase of traffic to this developing area, the drainage way abandonment would force residents to walk along streets without sidewalks, putting themselves in danger. He said that approval of this action would present a public hazard. Mayor Sutton asked if this property was ever meant to be a passageway for residents. Mr. DeGrood responded that there had not been any consideration for pedestrian use of the property when the original subdivision was developed and that the improvements and bank protection were constructed specifically for the drainage way. He conceded that there was a need for pedestrian improvements to the area and pointed out that the Town was in the process of completing a sidewalk project extending from Wade Road to Carefree. This sidewalk will provide access to the school crossing zone. Raymond Park, resident, read a statement into the record regarding this item. The statement is as follows: "The bottom line is we dori t want an alley running along the back part of our property. The path through the abandonment is only some 20 yards behind our house, virtually in our back yard. It compromises our privacy considerably. An alley would make all neighboring properties more vulnerable to vandalism and robbery and, undoubtedly, hurt the value of our properties. It is also dangerous to children as a place to play or walk to school. I have seen javelina, coyotes and rattlesnakes in the abandonment. Also, recently, I saw a bobcat come through my yard and take the path eastward. These guys are dangerous. Once, ~n~hile I was taking pictures of javelina back there, a big boar with long tucks came after me. I had to scramble to get away. I have witnessed flash floods from the Reserve in the wash behind the Clark's house and they were raging torrents. The wash just isri t safe for children. They wouldri t have a chance in a flash flood or against any of these dangerous wildlife. There is talk of not abandoning but restricting a proposed abandonment and wash and posting no trespassing signs. That could take weeks, months, maybe never. Even if done, it wouldn't stop some from using it, including boys on bicycles who typically ignore such signs. Also, the restrictions could be rescinded in the future. If the abandonment is not approved by Council, 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 4, 2001 Marana will have the responsibility of maintaining it, such as I have been doing, cleaning the trash that blows or is littered, and be liable for any injuries incurred by transgressors. Abandoning these easements is the only sure way of preventing an alley. The present action to do so is probably the only chance we will have ever have. We want to stop the traffic there before the reserve builds up. Once it becomes an alley, we probably can never change it. Thank you." Mae Spraker, homeowner with property along the abandonment area, voiced her approval of this action. She said that, with an established traffic pattern, it would be difficult to prevent ongoing traffic once Continental Reserve was built and to prevent the drainage way from becoming even more of a nuisance. Bob Spraker, resident, concurred with his wife, regarding the approval of this item. He said that the bottom line was privacy and safety. Upon motion by Vice Mayor Kai, seconded by Council Member Honea, approval to go out of public hearing was unanimous. Mayor Sutton commented that there seemed to be some neighbor conflict involved with this issue but that performing abandonments was not unusual for the Town. He said that the Town looked at this type of action from the purpose of liability and maintenance cost to the value of the Town. He asked Mr. DeGrood to address the subject in this manner. Mr. DeGrood responded that several aspects were considered when abandonments were examined. One aspects was whether the right-of-way was necessary. He gave an example of other abandonments the Town had performed along Linda Vista, Pima Farms and Artesiano. He said that Town staff had reviewed the drainage effecting the drainage way and had determined that the requested abandonment area was not necessary to the Town for drainage purposes within either of the adjacent neighborhoods. The Mayor asked for the Town Attorney to comment on the fact that children might use the drainage way for passage and whether or not liability would be created by allowing this type of action. 5 MINUTES OF REGULAR COUNCIL MEETING i~IARANA TOWN HALL DECEMBER 4, 2001 Mr. Hochuli answered that the Towri s liability had been enhanced tenfold over the last ten minutes because of the residents' notice to the Council during atape-recorded public meeting. He said that the Town was now on notice that this abandonment property was being used as a pedestrian passageway. He advised that if the Town continued to carry the property in its inventory, the legal department's recommendation would be to bring it up to standard as a walkway. Mayor Sutton inquired about sidewalk projects ongoing in this general area and asked Mr. DeGrood to expound on that subject. Mr. DeGrood said that a sidewalk project was currently under construction and ran the length of Silverbell Road between Wade Road, at the pedestrian signal, and Carefree, where the primary access to Continental Ranch Parcel 51 and the 148 homes within the neighborhood were located. He added that the Coyote Trail school crossing was also along that stretch of roadway and that the Town was looking at the area as being the primary avenue for school children walking from the neighborhoods to the west of Silverbell Road. Additionally, he said that °~- the Town was developing plans for park improvements within the school site that would put this area in use after school hours. Council Member Honea asked if abandoning this property would cause any drainage problems in the area. Mr. DeGrood commented that this property was high and, in fact, higher than the adjacent residential properties as well as the street. Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, Resolution No. 2001-149 with conditions was unanimously approved. The condition was that a reservation (perpetual easement) was in place for all existing public utilities/sewers within the abandonment area. 3. 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 and contemplated litigation in Tortolita vs. Town of Marana, Aspen Green vs. Tucson, and related cases (Dan Hochuli) There was not a need for an executive session at this time. 6 MINUTES OF REGULAR COUNCIL MEETII~'G MARANA TOWN HALL DECEMBER 4, 2001 4. Action on Executive Session. Council direction to Town Attorney on Item IX. B. 3. Upon motion by Council Member Blake, seconded by Council Member Honea, authorization for the Town Attorney to file an appeal of special action of the rulings in Tortolita vs. Marana was unanimously approved. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo thanked the Northwest Explorer for its recent $1,000 donation to the Marana Community Food Bank. He said that this generous action was made during a tree lighting ceremony held on December 1St at the Sheraton El Conquistador. Mayor Sutton reported that Twin Peaks and Coyote Trail Elementary schools recently held their annual food drive for the Marana Community Food Bank. He said that, as a parent, he had dressed up in a soup can costume in order to promote this event and that the drive had netted 700 cans of food and 100 turkeys. He commended everyone involved in this charitable event. He asked ~- that everyone keep the local charities in their minds during this difficult time. Council Member Escobedo reported that the ending of the first Marana Parks and Recreation department's golf program was this past Saturday, December 1,2001. He reported that many youngsters had taken part in this program and that the Mayor's son, Tyler Sutton, had placed first in his age group. Council Member Escobedo also reported that his own son, Daniel Escobedo, had tied for fifth place. He concluded by saying that this was a fantastic program for the kids. Mayor Sutton agreed that it was a great event. He remarked that many of the kids had never even picked up a golf club, didri t know how to hold a club, and had advanced to having basic playing skills. He said that his son had been playing for several years so had an advantage over most of the children in the program. He commented that some of the parents were so interested in the Towri s golf program that Parks & Recreation would probably have to double the class size for next season as there were 50 or 60 kids already on the waiting list. He advised everyone to keep an eye on the Marana web site for further information about the golf program. MIl~'UTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 4, 2001 D. MANAGERS' REPORT Mr. Hein noted that Hurvie Davis, former Town Manager, was present at the meeting and he asked Mr. Davis to report on actions recently taken by the City of Tucson. Mr. Hein also asked for Michael Racy, lobbyist, to report on any progress in the State's special legislative session regarding shared revenues. Mr. Davis, also the former Tucson Director of Transportation, spoke before the Council and public regarding the City of Tucson s effort to pass a half cent sales tax for transportation. He reported that the Tucson Council did instruct their City staff to prepare necessary legal documents regarding this transportation tax and to be ready to go to a vote in May 2002. He encouraged Marana to move in that same direction in order to meet the ever- challenging transportation needs of its own region. Mr. Racy reported that the Arizona State Legislature had been wrestling with a $1.5 billion shortfall in the State's budget for the last three weeks. He said that, in spite of Governor Hull's effort to deal with this dilemma, the House and Senate were not especially supportive of her proposal and each chamber had elected to draft their own proposals to deal with the shortfall. He said there were three lengthy proposed budget bills up for consideration before the Legislature. Mr. Racy added that the House had great difficulty in agreeing on a budget and that the budget submitted was passed on strict party lines. He stated that the House budget addressed both the 2002 and 2003 fiscal years as well as making substantial cuts in a number of State programs. He continued by saying that the Senate's budget proposal dealt with 2002 fiscal year alone and deferred the 2003 budget work until the first of next year. He commented that the Senate bill repealed the 2003 budget thus forcing the Legislature to deal with it in the regular session next year. Mr. Racy relayed that the good news for the State's cities, towns and counties was that both proposals had removed the reduction in State revenue sharing of sales tax and income tax. He said there were still a number of areas that local governments would experience some revenue reductions, particularly in the transportation area. Leadership meetings will be taking place over the next few days to try to reconcile any differences in the proposals. He pointed out that the Attorney General had issued an opinion a few weeks ago that a reduction of state shared revenues to local governments would constitute a Proposition 108, meaning that it would require a 2/3 majority of both chambers to enact. The House leadership and Appropriations Chair were still attempting to get that majority but had failed to get the bill out of the Appropriations Committee. 8 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 4, 2001 X. FUTURE AGENDA ITEMS Council Member Honea said he would like to see truth in zoning language for ordinances brought back before the Council. XI. ADJOURNMENT Upon motion by Council Member Escobedo and seconded by Council Member Blake, unanimous approval to adjourn was given. The time was 7:47 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 4, 2001. I further certify that a quorum was present. F / q~ M ~: ~ 9 . %~ " G~?G`am' ~ Council Mcctin v 9 Attendee Name Address ~1 vt n - i ~ ~,~ t= i t i - , .