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HomeMy WebLinkAbout11/18/2003 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 18, 2003 PLACE AND DATE Marana Town Hall, November 18, 2003 I. CALL TO ORDER By Mayor Sutton at 7:02 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 Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Michael Reuwsaat Town Manager Present Jaret Barr Assistant to the Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Development Services Administrator Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member Honea, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Blake, seconded by Council Member McGorray, the November 4, 2003 regular Council meeting minutes were unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 18, 2003 VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Janice Lawson, Marana Arts Council President, spoke before the Council regarding the recently concluded Ponies del Pueblo cultural tourism project. She gave a brief history of the regional project administered by the Tucson Pima Arts Council and participated in by the Marana Arts Council (MAC). Ms Lawson emphasized the success of this project and the spotlighting of MAC during the past 13 months, culminating with the gala auction at the La Paloma Resort. She noted that MAC won the bids for two of the equine artworks, Cactus Pony by Ellen Fountain and Ranch Life by Randlett Keedah, Sr., and that MAC corporate member, Saguaro Ranch Development, purchased Arizona Prince by Diana Maderas, Hohokam Pony by Mary K. Karrels, and Southwest Journey by Barbara Gurwitz. She introduced Lynn Warde, a charter MAC board member and chair of the MAC Pony Project. Ms. Warde thanked the Council and Town staff for their outstanding support during the past year and presented the Mayor with a check for $6,000 which repaid the Town for its expense in sponsoring Cactus Pony. Ron Smith addressed the Council and introduced the new Park Superintendent, Tom Ellis. He reported that Mr. Ellis spent 17 years as a park superintendent in Albuquerque, NM, and, most recently, three years with the University of Arizona. Mr. Ellis greeted the Council and stated that he looked forward to working with the Marana team. The Mayor and Council welcomed him. Mike Mencinger updated the Council on the Marana Combined Appeal, a nonprofit corporation formed in December 2002 to provide Town employees with an alternative source for philanthropic giving besides the United Way Campaign. He gave a brief outline of the progress the newly formed corporation had made and explained that the 501(c)(3) application had been submitted. He reported that a critical needs fund was being considered and that this fund would be ideal for emergency situations such as house fires. He pointed out that a family might receive donations of temporary housing, clothing, food, and household appliances and furnishings but truly needed ready cash to get back on its feet. Mr. Mencinger listed the corporate officers recently elected which included himself as president, Jim DeGrood as vice president, Jane Howell as Secretary, and Chief Richard Vidaurri as Treasure. He added that Council Member Escobedo was an ex-officio member of the board as well and that Thomas Benavidez was acting as the fiduciary advisor. He remarked that a list of worthy charities was being compiled and that a marketing strategy was being formulated to present to the Town employees. He thanked the Mayor and Council for allowing the employees to - develop this idea. into an organization that will benefit the Town of Marana. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 18, 2003 Council Member Escobedo asked that Mr. Mencinger inform the other Council members of the remaining board members. Mr. Mencinger replied that Mike Brummett from Parks & Recreation, Roberto Jimenez from the Marana Police Department, and Cookie Gallegos from the Operations department also served as board members. Mr. Reuwsaat thanked Hochuli & Benavidez, P.C., for the hard work they had put in on the nonprofit status paperwork. Boy Scout Troop Number 229 was present in the audience in order to get their citizenship and communications badges. Mayor Sutton thanked the boys for their interest and participation in the community. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003-129: Releasing the Assurance Agreement for El Rio at Continental Ranch, Trust No. 4806, for Lots 1-102, and Common Areas A-B, and Acceptance of Public Improvements for Maintenance (Moghimi) 2. Resolution No. 2003-139: Releasing the Assurance Agreement for Sonoran Moon, Trust No. 7924-T, for Lots 1 thru 37 and Common Area A and Acceptance of Public Improvements for Maintenance (Moghimi) 3. Resolution No. 2003-146: Authorizing the execution of Amendment No. 2 to the Interagency Agreement between Arizona Game and Fish Commission and The Town of Marana, and declaring an emergency (Leslie Liberti) 4. Resolution No. 2003-149: Revision of Personnel Policy 4-12, Leave Donation, to provide donation to an employee whose immediate family member has a catastrophic illness or injury (Jane Howell) 5. Discussion/Direction: Request for authorization to hire a legal secretary to support the Town Attorney (Jane Howell) 3 MINUTES OF REGULAR COUNCTL MEETING MARANA TOWN Hr1LL NOVEMBER I$, 2003 Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Ordinance No. 2003.29: Unruly Residential Activities Ordinance: Request by Marana Police Department for consideration and approval of revisions to the Town Code, and declaring an emergency (Richard Vidaurri) Mr. Reuwsaat presented this item to the Council and said that the Marana Police Department (MPD) had been working off a model of a similar City of Tucson ordinance in order to formulate the Towri s proposed ordinance. He commented that the action sought to limit unruly residential activities such as excessive noise and traffic, public drinking, serving alcohol to minors and/ or consumption of alcohol by minors, fighting, disturbing the peace, obstruction of public streets by crowds or vehicles, and littering. He noted that this action applied to the residential sector only and that a separate item was being developed that would address these problems within the commercial community. He introduced MPD Lieutenants Paul Ashcraft and Dale Bradshaw so that they could answer any questions the Council might have pertaining to this item. Mayor Sutton asked that Lt. Ashcraft address any community feedback related to the proposed ordinance. Lt. Ashcraft reported that the residents' feedback had been very positive and he noted that this action would give the Town the necessary tools to be proactive in situations involving unruly public behavior. He explained the enforcement process, the various levels of citation, and the penalties and fines associated with the violations. Council Member Escobedo asked how this ordinance might affect an apartment complex. Lt. Ashcraft replied that only the apartment residents receiving the citation would be affected and that MPD did not plan to move away from its community policing philosophy. ~~ Upon motion by Vice Mayor Escobedo, seconded by Council Member Blake, Ordinance No. 2003.29 was unanimously approved. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN-HALL NOVEMBER 18, 2003 2. Discussion/Direction on the Preliminary Concept Plan and Phase One Master Plan Report for the proposed Marana Heritage Park (Jaret Barr) Jaret Barr presented this item before Council. He distributed a handout of the Marana Heritage Park Master Plan, Phase One, Report and Preliminary Concept Plan to the Council. The report was prepared for the Town by the design and planning team comprised of Aspen Consulting Engineers, Encore Planning Group and Von Blanc, Inc. A copy of this document has been made a permanent part of this record. He invited Barbara Strelke, project consultant from Encore Planning Group, to come forward and lead a presentation of this report to the Council. Ms. Strelke gave a short overview of the Marana Heritage Park's planning progress. She explained that the project had begun as a way to celebrate, interpret, and honor Marana's past and its varied cultures. She said that the design and planning team had spoken with a number of local civic leaders and Town staff members in order to formulate the basic concept plan presented before Council at this meeting. She related that the plan outlined -~-.. the specific uses and activities that might take place on the park site, approximately 90 acres located north of the Santa Cruz River and south of Moore Road straddling Sandario Road. She pointed out that this site offered many opportunities and was suitable for a variety of possible uses including a heritage living museum, cultural and arts activities, a venue for arts and for a farmers' market, a celebration of the agrarian scene, crop fields and a community garden. Ms. Strelke added that several aspects of the site stood out as being particularly important. The first was the park's close proximity to the Santa Cruz River which offered not only an opportunity to describe that agrarian scene from pre-history to Marana's current development but also offered a connection with the area trails and regional park system. She illustrated this point by remarking that the planned subdivision of Gladden Farms, adjacent to the park site, would provide the necessary road improvements to Tangerine Road, the Tangerine Loop Road, and Tangerine Farms Road, offering great access to the site. She observed that easy access coupled with other area infrastructure improvements suggested that the site had opportunities for an integrated mix of heritage and arts projects. She said that the key objectives, mission and vision of the heritage park had been identified and included a variety of uses that could be phased in the project's timeframe. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL` NOVEMBER 18, 2003 She listed potential activity zones including the arts zone and the heritage zone, the non-potable detention and agricultural water storage as a functional feature, a habitat restoration area, an equestrian activity areas, passive recreation areas, and a trail linkage to the Santa Cruz River Levee trail. She iterated that the site, both with its proximity to the commercial portion of the Gladden Farms development and to the more active recreation areas of the development, would create a good balance in terms of uses. She emphasized that this was simply the first phase in the master planning process. She said that, pending the Council's approval, the second phase would include additional, more site specific planning and discussion of and estimates of public funding for the different components of the as well as public participation. She thanked everyone for their patience and said that she was available for questions as was Lizavet Blank, the project's landscape architect, or Phillip Lowe, the team's engineer and hydrologist. Mayor Sutton commented that he was particularly interested in this project and anxious to move forward with public input. ~~~ Council Member Escobedo agreed with the Mayor and added that this was a dream and vision of Council Member Honea's that was coming to fruition. Mr. Barr thanked the Council members, the team of consultants, the Marana Heritage Committee members, and the Cultural Resource Preservation Board members, who all participated in this effort to bring a preliminary plan to the Council for approval. Upon motion by Council Member McGorray, seconded by authorization to accept the Preliminary Concept Plan and Preliminary Phase One Master Plan and requesting staff to move forward on to the public input process was unanimously approved. 3. Executive Session pursuant to A.R.S. § 38-431.03(A)(4) to discuss and consult with the Town's attorney and to consider the Town's position and instruct the Town's attorney concerning potential settlement negotiations in Boudrie v. Smith, Pima County Superior Court No. 020034249, in which the Town is named as a co-defendant (Frank Cassidy) 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 18, 2003 Mayor Sutton called for a motion to go into executive session. Upon motion by Council Member Escobedo, seconded by Council Member Blake, approval to go into executive session was unanimously approved. The time was 7:28 p.m. 4. Executive Session pursuant to A.R.S. $ 38-431.03(A)(4) to discuss and consult with the Town's attorneys and to consider the Town's position and instruct the Town's attorneys concerning potential settlement negotiations in Ellis v. Crittenden, Pima County Superior Court No. 020012067, in which the Town is named as a co-defendant (Frank Cassidy) At 7:44 p.m., Mayor Sutton called the Council meeting back into order after the executive session. All Council members were present and seated at the dais. 5. Action on Executive Session, Item IX.B.3, pursuant to A.R.S. § 38- 431.03(A)(4) to discuss and consult with the Town's attorneys and to consider the Town's position and instruct the Town's attorneys concerning potential settlement negotiations in Boudrie v. Smith, Pima County Superior Court No. 020034249, in which the Town is name co- defendant (Frank Cassidy) Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, authorization for the Town Attorney to settle the Boudrie v. Smith case in the amount of $35,000 was unanimously approved. 6. Action on Executive Session, Item IX.B.4, pursuant to A.R.S. § 38- 431.03(A)(4) to discuss and consult with the Town's attorneys and to consider the Town's position and instruct the Town's attorneys concerning potential settlement negotiations in Ellis v. Crittenden, Pima County Superior Court No. 020012067, in which the Town is named as a co-defendant (Frank Cassidy) Upon motion by Council Member McGorray, seconded by Council Member Honea, authorization to enter into an agreement with Pima County attorney a percentage of fault between co-defendants Town of Marana and Pima County in the Ellis v. Crittenden based on the percentages recommended by the Towri s attorneys in executive session and to grant the Towri s attorney authorization to settle the case Ellis v. Crittenden up to the amount recommended by the Towri s attorney in executive session. 7 MINUTES OF REGULAR COUNCIL, MEETING MARANA TOWN HALL NOVEMBER 18, 2003 C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo reminded everyone to consider contributed to the Marana Food Bank during the remainder of the holiday season. Council Member McGorray remarked that all of the donations, both food staples and monetary contributions, from a recently held arts fair in Heritage Highlands were given to the Marana Food Bank. Mayor Sutton asked that Council Member Escobedo keep him apprised of the status of the food bank's supplies. D. MANAGERS' REPORT Mr. Reuwsaat asked that the Council carefully review two memos previously distributed to the members. One memo, written by Jim DeGrood, opposed the action of installing the Pima Association of Governments (PAG) as the regional transportation authority. He said that the Town staff opposed this move as it was currently proposed because it named PAG as the taxing authority to perform regional transportation improvements which would not be an equitable situation for Marana. The second memo the Town Manager asked the Council to review pertained to La Osa Ranch, also written by Mr. DeGrood. He said that the memo was title The La Oso Ranch Planned Area Development Executive Summary which was basically a 22,000 acre, 67,000 unit development being proposed for Final County beginning at the Pima-Final County lines, roughly 13 miles along the Santa Cruz River. The greatest concern that we have currently is that we have had little or no ability to input to discuss these issues with Final County staff and the potential impact for the regional transportation impact with the size of this community coming in with the state of the interchanges and so forth. He thanked Mr. DeGrood for providing the Council with a short summary and synopsis of this proposed development. Mr. Reuwsaat thanked the Town Clerk for her ongoing diligence in preparing and presenting interesting and informative Citizens Resource and Educational Workshop (C.R.E.W.) sessions for the Marana residents. He reported that he had received numerous calls commending the C.R.E.W. sessions and Ms. Bronson s leadership and presentation skills. He noted that several program ^~ graduates had asked to be seated on the Board of Adjustment, aquasi-judicial body of the town established to grant relief from certain provisions of the town s MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN`HALI. NOVEMBER 18, 2003 zoning code. He said that Mr. DeGrood was finalizing those plans and would be presenting the nominations before Council in December. Mr. Reuwsaat reminded the Council about the monthly Marana Municipal Complex progress report that was distributed earlier. Mayor Sutton asked the Town Manager if the Council was copied on the La Osa notification from Pima County. Mr. Reuwsaat replied yes and went on to say that State statute required notification of a development of that size being proposed within a close proximity to your jurisdiction. He noted that a subsequent email was received from Pima County indicating that Pinal County planned to withdraw the zoning 300 feet from the County border. This move would exempt Pinal County from having notified Pima County about the development. The Mayor commented that construction was already taking place at the La Osa site and he wondered if the authorities were aware of that fact. Mr. Reuwsaat said that a tremendous amount of preliminary work had been done at the site and he was not sure of the legalities of those actions. He mentioned that the farmers and ranchers in the area had contacted the Town with their concerns. He said that Mr. Barr was keeping abreast of any developments related to this matter and that many governmental agencies had been contacted by Mr. Barr, including the Governor's office. X. UPCOMING EVENTS Mayor Sutton reminded everyone of the upcoming Holiday Tree Lighting ceremony scheduled for December 6~ at the Ora Mae Harn District Park. XI. FUTURE AGENDA ITEMS There were no items suggested for future agendas. 9 MINUTES OF REGULAR COUNCIL HEFTING MARANA TOWN IIALL NOVEMBER 18, 2003 XII. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to adjourn was unanimous. The time was 7:50 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 18, 2003. I further certify that a quorum was present. o e yn B nson, Town Clerk ~~~~i~ll~~y~ ~~~~ S~F~ ,~s~~~,~ ~, ~~,``,~`o--r-trrrso~1'~' , r J~-~~`GONPORAT~ ~ y coca a ~~~ r v +es /~oi~~iliL` ^` ® esiota-u-e~ ~o ~d®®~ t+ 11~~~~~,` 10 MARANA TOWN COUNCIL MEETING Public Attendees /, Name Address 7fO/_,rd.'i~5£C/~v'~, "l"C~.,,(~'_-r~ MARANA TOWN COUNCIL MEETING Public Attendees Name Address /do-,-/