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Home My WebLink About09/05/2006 Regular Council Meeting Minutes MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 5, 2006 PLACE AND DATE Marana Municipal Complex, September 5, 2006. A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Present Excused Present Present Present Present STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Deputy Town Manager Assistant Town Manager Town Attorney Town Clerk Present Present Present Present Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. Mayor Honea asked that Diane Brummett and Dick Powell, Parks and Recreation employees be remembered. c. APPROVAL OF AGENDA Upon motion by Council Member McGorray, seconded by Council Member Blake, the agenda was unanimously approved. D. CALL TO THE PUBLIC Tim Riordan and Diana Kai, Marana Arts Council, along with Stephen Phinny, Saguaro Ranch Organization, presented Dolphin Law, Ashley Brooks and Olympia Yi each with a $1,000 Saguaro Ranch Scholarship. Mr. Phinny thanked the scholarship recipients for their work. Ed Stolmaker, Marana Health Center Board, addressed the Council and announced a reception to present future plans for the Marana Health Center. The reception will be on September 22,2006, from 5:30 p.m. to 7:30 p.m. at the Marana Municipal Complex. Karl Horvath addressed the Council and awarded them with an award for supporting Rhinos. E. PRESENTATIONS Presentation of new website Tony Casella, IT Director, addressed the Council and presented the newly updated Town of Marana web site. A Web Committee was formed a year ago, comprised of one person from 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 5, 2006 each department within the Town. He highlighted the new features. Mr. Casella spoke about upcoming E-Gov features that will allow the public to fill out forms online and submit them via e-mail, track the status of permits, and make bill payments on line. Council Member Escobedo asked who will be responsible for updating the web pages and how often they would be updated. Mr. Casella said each department has a web page liaison responsible for updating and making changes. Council Member Escobedo also asked how difficult it would be to have the Town's web address changed to one for cities or governments. Mr. Casella said many things such as the police vehicles and publications would have to be changed and it would be a much longer website address for citizens to remember. Mike Reuwsaat, Town Manager, addressed the Council and said the new Internet options will be very valuable to the Marana citizens, and he thanked the Web Committee members for their work on the new site. Election packets Jocelyn Bronson, Town Clerk, addressed the Council and announced that the election packets for the upcoming Mayor and two Council positions are available in the Clerk's office. Nomination petitions can be circulated for signatures begin upon the filing of a Statement of Organization but can be filed no earlier than November 13, 2006. December 13, 2006, is the deadline to file. There will be a meeting to review the guidelines on November 16, 2006, in the Clerk's office. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Escobedo spoke about the loss of Diane Brummett and Dick Powell and said they will be greatly missed. He also thanked Council Member Comerford for her assistance with the services. Mayor Honea said that he attended the League of Cities Conference at the Marriott and had great interaction with members of the community. He spoke about the approval of the Citizens Oversight Committee with 33 members. The RTA approved improvements in the community including the Ina/Silverbell intersection. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Reuwsaat congratulated Ms. Bronson on the 30 members signed up for C.R.E.W. (Citizen Resource and Education Workshop). He reminded Council of the Study Session on Tuesday, September 19, 2006, at 6:00 p.m. regarding the Airport Master Plan. H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2006-124: Relating to Professional Services; approving and authorizing the Mayor to execute a Lobbying Services Agreement with Michael M. Racy and his firm Racy! Associates, Inc. (Frank Cassidy) 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 5, 2006 2. Resolution No. 2006-125: Relating to Professional Services; approving and authorizing the Mayor to execute a Lobbying Services Agreement with Arthur A. Chapa. (Frank Cassidy) 3. Resolution No. 2006-126: Relating to Professional Services; approving and authorizing the Mayor to execute a Lobbying Services Agreement with Marshall A. Brachman. (Frank Cassidy) 4. Resolution No. 2006-134: Relating to Development; approving and authorizing a final plat for Continental Reserve Professional Plaza. (Barbara Berlin) 5. Resolution No. 2006-135: Relating to Development; approving and authorizing a final plat for Sonoran Preserve on the Bajada Lots 1-29 (Barbara Berlin) 6. Resolution No. 2006-136: Relating to Development; approving and authorizing the execution of the Second Amendment to the San Lucas Development Agreement with BCIF Group, LLC. (Frank Cassidy) 7. Resolution No. 2006-137: Relating to Development; approving and authorizing a release of assurances for Cortaro Ranch and acceptance of public improvements for maintenance. (Keith Brann) 8. Resolution No. 2006-138: Relating to Administration; approving and authorizing a monthly allowance for the Town Council for the use of a personal cell phone and vehicle in lieu of receiving a Town cell phone and use of a Town vehicle. (Regina Fleming) 9. Relatin2 to Personnel: approving and authorizing the position of Assistant Town Attorney (Regina Fleming) 10. Resolution No. 2006-139: Relating to Mayor and Council; amending the Mayor's July 31, 2006, proclamation declaring the existence of a flooding emergency within the Town limits of Marana, Pima County; and declaring an emergency. (Frank Cassidy) 11. Resolution No. 2006-140: Relating to Administration; designating T. VanHook to act on behalf of the Town of Marana with respect to all documentation and communications with the Arizona Division of Emergency Management; and declaring an emergency. (Frank Cassidy) 12. Minutes of the August 1, 2006 regular meeting. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda was unanimously approved. J. COUNCIL ACTION 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 5, 2006 1. PUBLIC HEARING. Ordinance No. 2006.23: Relating to Development; approving and authorizing the Cascada Specific Plan and rescinding Ordinance No. 88.16, Acacia Hills Specific Plan and Ordinance No. 91.09, Northgate Specific Plan (Continued from the August 1, 2006 meeting) (Barbara Berlin) Mayor Honea declared the public hearing open. Barbara Berlin, Planning Director, addressed the Council and requested that Ordinance No. 2006.23 be continued until the October 3,2006, Council Meeting. There being no one who wished to speak, Mayor Honea declared the public hearing closed. Upon motion by Vice Mayor Kai, seconded by Council Member Blake, the public hearing for Cascada Specific Plan was unanimously continued to October 3, 2006. 2. Resolution No. 2006-141: Relating to Development; approving and authorizing a development plan for Ritz Carlton Resort at Dove Mountain. (Barbara Berlin) Ms. Berlin said Resolution No. 2006-141 authorizes the development plan for the Ritz Carlton Resort at Dove Mountain. The Dove Mountain Specific Plan identifies 155 acres ofland for resort development with the Ritz Carlton Resort on 98 acres. The main hotel will have 223 rooms, a spa, poolside bar and grill, and nine casita guest buildings. Upon motion by Council Member McGorray, seconded by Council Member Blake, Resolution No. 2006-141 was unanimously approved. 3. Consideration and possible adoption of a resolution accepting imal plans and specifications for, and based thereon, awarding the construction contract for, the work described in Resolution No. 2006-75 with respect to Town of Marana, Arizona Tangerine Farms Road Improvement District (Jim DeGrood) Jim DeGrood, Assistant Town Manager, addressed the Council and said the Tangerine Farms Road Improvement District project bid opening was delayed until September 11, 2006. A recommendation for award is anticipated for the September 19, 2006, Council meeting. 4. Resolution No. 2006-142: Relating to Development; approving and authorizing the Mayor to sign a Drainage Channel Agreement between the Arizona State Land Department, Saguaro Reserve LLC, and the Town of Marana (Frank Cassidy) Council Member Escobedo declared a conflict of interest and left the dais. Frank Cassidy, Town Attorney, addressed the Council and said Resolution No. 2006-142 authorizes the approval of a drainage agreement to allow for drainage of water from Saguaro Springs. The drainage facility will need to continue in 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 5, 2006 existence. Saguaro Springs, Saguaro Reserve LLC is responsible for constructing the temporary drainage facility. When State Land determines what will be done with Parcel A, west of Saguaro Ranch, then Saguaro Reserve or the developer of Parcel A will create a permanent drainage easement. Mike Reuwsaat, Town Manager, addressed the Council and said the drainageway is a regional drainage infrastructure that takes water from White Stallion Ranch, Saguaro Ranch, and about 2,000 acres of state land. Traditionally, the Town requires the developers to design and build the infrastructure to the Town's specifications. A requirement of Saguaro Springs is to have the easement before the Town will issue a building permit, and the drainage is needed before the building permits can be issued. Vice Mayor Kai asked what the cost to maintain the drainage canals will be. Mr. Reuwsaat said he will send a memo with the information to the Council members. Mr. Reuwsaat said there are planned meetings to discuss possible drainage Town wide. Mayor Honea asked if the Town could end up paying on the project after 10 years. Mr. Reuwsaat said there is a remote possibility. Saguaro Springs needs to have the drainage built before permits can be issued. Mr. Cassidy said the write up of temporary right-of-entry, the two-year right-of-entry and the to-year right-of- entry is the way state land needs to be handled, and it guarantees Saguaro Reserve a bid on the right-of-way. If Saguaro Reserve were to go bankrupt the Town could be left holding some of the fee under a remote contingency. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, Resolution No. 2006-142 was approved 5-0 with Council Member Escobedo declaring a conflict of interest. 5. Ordinance No. 2006.25: Relating to Boards, Commissions and Committees: adopting and standardizing procedures for Citizens' Advisory Commissions and for appointments to boards, commissions and committees; deleting redundant town code provisions relating to the Planning Commission, Board of Adjustment and special committees; amending Marana Town Code Title 2 by replacing section 2-6-2 and deleting chapters 2-7, 2-8 and 2-9; amending the Marana Land Development Code by modifying sections 02.02.01 and 02.02.02 and deleting section 02.03.05; and declaring an emergency. (Jocelyn Bronson/Frank Cassidy) Ms. Bronson addressed the Council, stating that Ordinance No. 2006.25 standardizes and brings consistency to the advisory body process. The Town is going to establish some new commissions and conform some existing boards, committees and commissions to the new guidelines. There will be a regular posting with the available advisory bodies. Application will be submitted to a Manager's review committee. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 5, 2006 Council Member Comerford had concerns about allowing members outside of Marana to sit on commissions. She would like only property owners or residents to sit on committees and commissions. Mayor Honea clarified that Council Member Comerford wants the committee members to have physical ownership in the Town; either a business or resident. Council Member Escobedo stated it would be difficult to solicit the best consultants if only looking at Marana residents. He said each of the commissions need to be considered separately in regards to membership. Council Member Comerford said she did not see a problem with outside residents participating in meetings, but does not think they should be on a voting committee or commISSIOn. Mr. Reuwsaat said all members are either property owners, or business owners, or they are citizens but each committee could form subcommittees and would be allowed to gather information, but not be part of the voting. Council Member Blake asked Mr. Reuwsaat if these provisions were already in the proposal. Mr. Reuwsaat answered yes. Council Member McGorray said on a seven-member board, four members are a quorum and asked if all members had to be voting members. She asked if she could ask Mr. Despain on a Utilities Committee for expertise that may not qualify to be on a committee. Mr. Reuwsaat said yes, the Utilities Commission is one avenue to look for input. He asked if there should be a limit a majority of members that are Marana residents or allow flexibility with some of the committees. Council Member McGorray clarified that Council Member Comerford wants all seven members to have the same requirements. Mr. Reuwsaat clarified that currently the Affordable Housing Commission currently has a requirement that four members have to be Marana residents and three do not, but they have to contribute to the good of the community. Council Member McGorray said it would be beneficial to have some members with certain expertise be on a committee, even ifthey are not residents. Mr. Reuwsaat thanked Ms. Bronson and staff for the many hours put into the preparation of the committee procedures. Mayor Honea said he would like to see the Ordinance approved the way it was proposed. There are times when individuals outside of the community are needed on a committee. Vice Mayor Kai agreed with Mayor Honea, and said there needs to be a larger selection of individuals to choose from. Council Member Comerford stated that her concern is that personal issues may be forced onto the Town if selecting outside residents. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 5, 2006 Council Member Escobedo stated that the commissions are only advisory and the Council makes the final decision. Council Member Blake said he somewhat agrees with Council Member Escobedo, but believes that individuals with expertise can participate, but do not need to be members of the commissions. He would also like to see all members be residents of Marana. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Ordinance No. 2006.25 was approved 4-2 with Council Members Comerford and Blake opposing. 6. Ordinance No. 2006.26: Relating to Real Estate; approving the Town's exchange of a drainageway in fee for an adjacent, larger permanent drainage easement located on the Linda Vista Cinemas site in Peppertree Ranch Business Park, and authorizing the Mayor to execute any documents necessary to accomplish the exchange (Frank Cassidy) Mr. Cassidy said the proposed ordinance is for an exchange with the Town giving up a drainageway owned in fee in exchange for a larger drainageway easement located on the Linda Vista Cinemas property. He said both drainageways are of equal value. Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, Ordinance No. 2006.26 was unanimously approved. K. ITEMS FOR DISCUSSION/POSSIBLE ACTION There were none. L. BOARDS. COMMISSIONS AND COMMITTEES a. Resolution No. 2006-143: Relating to Boards, Commissions and Committees; approving the appointment of Council Member Robert Allen as Mayor Ed Honea's designated chairman of the Marana Public Safety Personnel Retirement System Board. (Frank Cassidy) Mayor Honea stated that Council Member Allen, as a retired police officer would be a good addition to the committee. Mr. Cassidy added that by statute, it is the Mayor or designee who needs to be on the board. Mayor Honea said that Council Member Allen will be sworn in later if approved by Council. Upon motion by Council Member Blake, seconded by Council Member McGorray, Resolution No. 2006-143 was unanimously approved. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX SEPTEMBER 5, 2006 M. EXECUTIVE SESSIONS. 1. Executive Session. Pursuant to A.R.S. ~38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. N. FUTURE AGENDA ITEMS There were none. Mr. Reuwsaat said he was pleased that the Council approved four Advisory Commissions, which is a significant action in moving forward with the community. He also said an Economic Commission would be added later. Ora Mae Ham verified that Town staff members are not able to apply for the Citizens Advisory Commissions. O. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the Council voted unanimously to adjourn. The time was 8:07 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 5, 2006. I further certify that a quorum was present. ~\'\g~~'?;~ ~ ~~\,""~;9 ~ ~ ~O~~ :f~"'1.z.. ~ :: ~ f CORPORATi\ ~ ::. _ :: OOC) :: .... :: iSEALi = IlO"! 'II;: r;:..... ~ ~ #;: ~ AI ~"'Im"\\~ ~ ~ ~/Z. 1~!::~ "l11~~w' '1-' ~'":Ii I:.~' 8