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HomeMy WebLinkAbout10/07/2003 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCII. MEETING MARANA TOWN H_~LL OCTOBER 7, 2003 Marana Town Hall, October 7, 2003 PLACE AND DATE I. CALL TO ORDER II. III. Mayor Sutton at 6:59 p.m. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL C'ClT TNC'TT . Bobby Sutton, Jr Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray STAFF Michael Reuwsaat Frank Cassidy Jocelyn Bronson Jim DeGrood Jaret Barr Mayor Present Vice Mayor Present Council Member Present Council Member Present Council Member Present Council Member Present Council Member Present Town Manager Present Town Attorney Present Town Clerk Present Development Services Administrator Present Assistant to the Town Manager Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the agenda was unanimously approved. MINUTES~OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 7, 2003 VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Comerford, seconded by Council Member Escobedo, the minutes of the September 16, 2003 regular Council meeting were approved 6-0 with one abstention. Vice Mayor Kai, who was excused from the September 16~ meeting, abstained from the vote. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Mr. Reuwsaat introduced several Pima County senior staff members who were in attendance at the meeting in order to provide updates on a mosquito issue and on flood control issues related to the Santa Cruz River levee. The County employees included John Bernal, Pima County Public Works Administrator, Suzanne Shields, Deputy Director Pima County Flood Control District, and Mark Criske, Manager, Pima County Solid Waste Division. Mr. Bernal addressed the Council and reported that a diligent mosquito monitoring program was ongoing throughout the County and, in particular, the program was focusing on locations with tire storage which had high potential as mosquito breeding grounds. He reported that, although no mosquito larvae or adults were present in tires upon inspection in June and August 2003, evidence of positive test results had been found in September at the Ina Road solid waste site. He said that the County was taking the necessary actions geared toward eliminating the harmful insects' breeding ground. He commented on the long range plans for the Ina Road solid waste facility and said that evaluations for alternate locations for the Tire Collection Site were ongoing. Vice Mayor Kai asked for an update on the Tangerine Road Landfill and possible closure dates for the site. Mr. Bernal replied that two scenarios applied to the Tangerine Road site. He explained that one constraint was the El Paso Natural Gas pipeline that runs directly through the property. He noted that re-routing the pipeline was being discussed as an option and that this option would open additional cells within the landfill thus extending the site life. He mentioned that, included in the Pima County 2004 Bond proposal, there was a project to secure funding for the closure of that facility, or at least, the actions that would close some of the cells. He said that, even if the facility was expanded, the County would still have to go through the closure actions for the cells that were already reaching their limitations. He said that the likelihood was that the entire facility would close within the next ten years. Mr. Bernal added that the City of Tucson had come forward in the early bond election deliberations and suggested that their facility, Los Reales Landfill, had substantial capacity for serving the region's solid waste disposal needs. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 7, 2003 Mayor Sutton asked that Mr. Bernal keep the Marana staff updated on the landfill issues as there were many concerned Marana citizens contacting his office about mosquito abatement. Mr. Bernal continued speaking and focused on the Marana area's flood control issues. He related that Pima County had anticipated the removal of certain residential properties from the Federal Emergency Management Agency's (FEMA) flood plain limits and declared that appropriate planning, designing and construction efforts had been made. He expressed that the end result of their analysis of the flood elevations was somewhat different than that of the FEMA regulators who had determined that a slight increase in the Santa Cruz River levee would be required in order to eliminate the flood hazard. Mr. Bernal continued by stating that Pima County determined that 160 c.f. of materials were needed to raise the levee and that those efforts were advancing. He promised that accelerated procurement processes were in place to move things along at a faster rate. He predicted that the corrective construction would be completed by the end of November and the completion of the entire project in June 2004. The bright spot was that those property owners paying flood insurance could be m reimbursed if the levee problem is corrected within the same year. Council Member Honea voiced his disappointment with the actions of Pima County staff following the completion of the Santa Cruz River levee project. He said that the work performed by the County on Marana's behalf was unacceptable and that Marana residents had been treated unfairly. He pointed out that it had been over two years since the completion of the Santa Cruz River levee project and he questioned why problems still existed. He mentioned that many residents were paying $500 or more for unnecessary flood insurance and that this was money better spent on their children's needs or on other worthy living expenses. The Council member reported that Pima County Board of Supervisors Chair, Sharon Bronson, was unaware of the existing problems with the levee project's problems until she read about them in a local newspaper and had called him to respond to the situation. Mr. Bernal acknowledged Chairperson Bronson s displeasure with the County's responses to the flood plain issues and stated that part of the dilemma was the lengthy review periods associated with regulatory agencies, FEMA's strict interpretation of levee requirements, and the ensuing disagreement with FEMA on the actual flood elevation of the Marana region. He vowed that Pima County was moving forward in its attempt to correct the problem. 3 MINUTES OF REGULAR COUNCIL 1YIEETINC MARANA TOWN HALL OCTOBER~7, 2003 Mayor Sutton interjected that discussions could go on indefinitely about this levee/flood plain issue but that he would like Mr. Bernal to come back before the Town Council at a later date with pro-active, workable solutions that could be relayed to the Marana residents. The Mayor asked Mr. Bernal to provide clear instructions for applying for a flood insurance rebate. He said that he too was disappointed with Marana's treatment by Pima County, not only with this issue but also with other issues such as the proposed regional library project. Mayor Sutton continued by saying that he would appreciate anything the County could do to further help the Towri s citizens. Mr. Bernal replied that he and his staff would work hard to solve the levee issue. An informational handout from Mr. Bernal's office regarding updates on the flood insurance map revisions and the mosquito monitoring program has been made a permanent part of this record. Ron Smith introduced Tammy Reyes, the new Special Events Coordinator, who was promoted from within the Parks and Recreation department. Mr. Smith said that Ms. Reyas brought an exceptional exuberance to this position and that she was eager to hear from the Council regarding any special events they wished to see occur. Ms. Reyas addressed the Council and expressed her pleasure in being able to represent the Town in her new capacity. Mayor Sutton wished Ms. Reyas luck and pointed out that she would be reporting to the Council regularly under the agenda item Upcoming Events. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003-110: Intergovernmental Agreement with the State of Arizona Department of Transportation for partial funding for the construction of the Santa Cruz River Shared-Use Path (Farhad ~. ~. Moghimi) 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HAIL OCTOBER 7, 2003 2. Resolution No. 2003-106: Heritage Highlands VII Final Plat: Request for approval of a Final Plat fora 152-lot single-family subdivision on 45.4 acres within the Dove Mountain Specific Plan, located west of Dove Mountain Blvd., and north of Heritage Gateway Avenue, in a portion of Section 24, Township 11 South, Range 12 East (Joel Shapiro) 3. Resolution No. 2003-112: Request by Marana Police Department for submission of projects for consideration in Arizona's 2003 Highway Safety Plan (Richard Vidaurri) 4. Resolution No. 2003-113: Memorandum of Understanding (Intergovernmental Agreement) between the City of Tucson and Town of Marana Police Department for sharing law enforcement information via COPLINK (Richard Vidaurri) 5. Resolution No. 2003-114: Ratifying the Cooperative Agreement between the Town and the Bureau of Land Management (Leslie Liberti) 6. Resolution No. 2003-117: Authorization to enter into an Intergovernmental Agreement (IGA) between the Town of Marana and Pima County for the management and implementation of the 2003 Community Development Block Grant Program (Dan Groseclose) 7. Resolution No. 2003-119: Orange Grove I-10 Plaza Final Plat: A request for final plat approval on 26 acres to construct a 20-lot light industrial subdivision located between the Union Pacific Railroad and westbound Interstate 10 Frontage Road on the south side of Orange Grove Road, in a portion of Sections 7 & 8, Township 13 South, Range 13 East (Joel Shapiro) 8. Resolution No. 2003-120: Old West Business Park Final Plat: A request by John and Tracy Gutierrez for final plat approval on 4.28 acres to allow for an eight-lot industrial complex in the HI (Heavy Industrial) zone located on the east side of Camino Martin approximately 1,000 feet south of Jeremy Place in a portion of Section 6, Township 13 South, Range 13 East (Joel Shapiro) 9. Resolution No. 2003-123: Request by Northwest Fire District to annex certain property known as the Marana Town Center Right-of-Way Reyher Partnership to Town of Marana (Parcel 4) in order to provide fire protection services (Jocelyn Bronson) MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 7,.2003 10. Resolution No. 2003-124: Resolution authorizing an intergovernmental agreement with the Town of Oro Valley designating each Town's attorney as the A.R.S. § 9-500.12 exaction and dedication hearing officer for the other (Frank Cassidy) 11. National Arts and Humanities Month Arts Proclamation (Sandy Groseclose) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Resolution No. 2003-115: Resolution authorizing purchase by condemnation of a portion of Tax Parcel No. 219-36-006B for the construction of roadway improvements at and near the intersection of Tangerine and Thornydale Roads (Frank Cassidy) Frank Cassidy spoke to the Council regarding this item and said that the action authorized the condemnation of a small triangle of property, 0.293 acre, located at the northwest corner of Tangerine and Thornydale Roads. He said that the resolution also authorized the acquisition of a construction easement along Tangerine Road and for the Town Engineer to make minor modifications of the needed property's legal description without the need to return to the Town Council. He explained that the Town had approached the property owners about the acquisition of the property by negotiation rather than condemnation but said that they were not interested in that approach. He noted that the owners were planning to pursue a rezoning of their remaining land but that the Town could not put the construction project on hold while waiting for a rezoning process to end. Council Member Escobedo asked if the property owner had the opportunity to fight the Towri s condemnation efforts. Mr. Cassidy replied yes but said that the estimated just compensation for the property, approximately $6,800, was not acceptable to the owners and that the Town could not offer a rezoning action in exchange for the desired right-of-way. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN H~~LL OCTOBER 7, 2003 Mr. Reuwsaat added that the Town was attempting to complete the construction of the roadway improvements at that intersection prior to the start of the ferruginous pygmy-owl surveying season in February. He said that it was important that the Town take possession as soon as possible. Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, Resolution No. 2003-115 was unanimously approved. 2. Resolution No. 2003-116: Resolution authorizing purchase by condemnation of certain Continental Ranch Community Association lands for the construction of a 14-foot wide multi-use path and associated landscaping and other amenities (Frank Cassidy) Mr. Cassidy continued addressing the Council and explained that this item was another condemnation action. He said that the effort centered around a segment of the right-of-way needed for the construction of a 14- foot wide multi-use path and its associated landscaping and other amenities necessary along a nearly four mile segment of the Continental Ranch neighborhood adjacent to the Santa Cruz River. He commented that the property in question was a small section of land running between Coyote Trail Elementary School and Cortaro Road that runs in the common areas of the first two Continental Ranch subdivisions. He said that, due to the narrowness of the wash in that area, the Town was building the path within the common areas. He reported that a meeting between Town staff and the Continental Ranch Community Association representatives had occurred and, while there was no official protest to the condemnation effort, there were certain CC&R requirements that would not allow the association to gift the common area property to the Town without acquiring a significant vote from the homeowners which was determined to be unattainable within the timeframe. Mr. Cassidy confirmed that both parties had agreed to pursue condemnation. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2003-116 was unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 7, ?003 3. Resolution No. 2003-121: Gladden Farms Block 4 Preliminary Plat: A request by Gladden Forest LLC for preliminary plat approval of a 47-lot single family detached home subdivision on approximately 15 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 4 of the Gladden Farms Block Plat, directly south of Moore Road and approximately 1/3 mile west of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East (Joel Shapiro) Mr. DeGrood presented this item to the Council and gave a brief synopsis of the project. He said that this project was presented to the Planning Commission on August 20, 2003 and was forwarded to the Council with a unanimous recommendation of approval. Upon motion by Council Member McGorray, seconded by Council Member Honea, Resolution No. 2003-121 was unanimously approved. 4. Resolution No. 2003-122: Gladden Farms Block 3 Preliminary Plat: A request by Gladden Forest LLC for preliminary plat approval of an 81- '~~' lot single family detached home subdivision on approximately 21 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 3 of the Gladden Farms Block Plat, directly south of Moore Road and approximately 1/2 mile west of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East (Joel Shapiro) Mr. DeGrood continued addressing the Council and gave a short explanation of this item. He said that this preliminary plat was an adjacent block to the previous item and consisted of 21 acres with 81 single family lots. Upon motion by Council Member McGorray, seconded by Council Member Honea, Resolution No. 2003-122 was unanimously approved. 5. Ordinance No. 2003.23: Santa CruzlAvra Valley Road Annexation: Consideration and approval of an annexation comprising approximately 105 acres of land on the west side of interstate 10 and south of Avra Valley Road and the Santa Cruz River. The annexation incorporates three parcels of land wholly owned by the Town of Marana. The parcels lie in the southwest quarter of Section 8, and the northeast quarter of Section 17, Township 12 South, Range 12 East, Salt River Meridian, Pima County, Arizona (Dick Gear) 8 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL OCTOBER 7, 2003 Mr. Reuwsaat presented this item to the Council and said that the proposed annexation consisted of approximately 105 acres on the far north end of the Continental Ranch area. He requested that the zoning translation from Pima County's Rural Homestead (RH) to Marana's R-144 (Residential) be changed to Marana Zone RD-180 (Residential) which was more fitting and appropriate. Upon motion by Vice Mayor Kai, seconded by Council Member Blake, Ordinance No. 2003.23 was unanimously approved. 6. Executive Session: Discussion and consultation for legal advice with the Town Attorney pursuant to A.R.S. § 38-431.03(A)(3) concerning the Town's rights and obligations relative to the use and developrnent of the property commonly known as Tangerine Crossing, located at the northeast corner of Tangerine and Thornydale Roads (Frank Cassidy) Upon motion by Council Member Escobedo, seconded by Council Member Blake, the Council meeting went into executive session at 7:28 p.m. At 8:10 p.m. Mayor Sutton called the Council meeting back to order with all Council members present on the dais. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo reported on his attendance at the Governor's Rural Development Conference. Council Member Honea reported that he had attended the Governor's conference as well as the Marana Health Center's conference. He said that the Center was doing exceptionally well. Council Members Blake, Comerford, and McGorray reported that their attendance at the Governor's conference and attesting to its success. Mayor Sutton thanked Town staff for their support during his mother-in- law's recent illness. He said that he truly appreciated the personal calls and caring during this hard time for his family. D. MANAGERS' REPORT There were no reports given at this time. 9 MINUTES OF REGULAR COUNCIL MEETING nI:~R~1~~A TOWN HALL (~('TOBER 7, 2003 X. UPCOMING EVENTS There were no upcoming events discussed. XI. FUTURE AGENDA ITEMS Mayor Sutton asked for an item to be entered on the first available agenda following any reports from the Pima County Public Works Administration regarding the Santa Cruz River Levee issue. XII. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to adjourn was unanimous. The time was 8:12 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 7, 2003. I further certify that a quorum was present. J lyn Br nson, Town Clerk ~a~`~oa~o~arf'~v ~. ~, ~ .~ ,~. ~ I ~ i "~ ''®'~~~//18111~~~`~es~ ~ ~~~~~ ~~ ~~~i ~®~~ 1~