HomeMy WebLinkAbout05/01/2001 Regular Council Meeting MinutesMINUTES OF COUNCIL MEETING
MARANA TOWN HALL
MAY 1, 2001
PLACE AND DATE
Marana Town Hall, May 1, 2001
I. CALL TO ORDER
By Mayor Sutton at 7:03 p.m.
II. PLEDGE OF ALLEGIANCE
Led by Mayor Sutton
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III. INVOCATION/MOMENT OF SILENCE
Mayor Sutton asked that the Council and audience observe a moment of silence.
IV. ROLL CALL
COUNCIL
Bobby Sutton, Jr. Mayor Present
Jim Blake Council Member Present
Ora Mae Harn Council Member Present
Ed Honea Council Member Present
Herb Kai Council Member Present
Carol McGorray Council Member Present
Roxanne Ziegler Council Member Present
STAFF
Michael Hein
Michael Reuwsaat
Dan Hochuli
Jocelyn Entz
Roy Cuaron
Town Manager
Assistant Town Manager
Town Attorney
Town Clerk
Finance Director
The list of public attendees is attached.
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V. APPROVAL OF AGENDA
Upon motion by Council Member Harn, seconded by Council Member Blake,
approval of the agenda was unanimous.
VI. ACCEPTANCE OF MINUTES
Minutes of Regular Meeting - Apri117, 2001
By motion of Council Member Honea, and a second by Council Member Blake,
the minutes of the regular Council meeting of Apri117, 2001 were approved 4-0.
Council Members Harn, Kai and Ziegler abstained from the vote as they were
not present at the April 17, 2001 meeting.
VII. CALL TO THE PUBLIC/ANNOUNCEMENTS
Pima County Board of Supervisors Vice Chair Sharon Bronson and
Administrator Chuck Huckelberry along with Al Kulwin presented Council
.~_ Member Harn with the Diane Levan Lifetime Achievement Award which was
established by the Department of Housing and Urban Development (HUD) in
honor of Ms. LeVari s dynamic community service advocacy. The HUD selection
committee reserves this high honor for years when they feel someone has truly
dedicated their life to their community. Council Member Harn has dedicated 45
years of service to the residents and businesses of Marana and HUD felt she was
the most deserving candidate for this acknowledgement. She is only the second
recipient of this award. She also received a certificate of recognition and a letter
from the Pima County Board of Supervisors in recognition of her life of sacrifice
and concern for others.
Assistant Town Manager Reuwsaat presented Pima County Administrator
Chuck Huckelberry with a jar of "wild huckleberry" honey in appreciation of his
tireless efforts regarding environmental issues, especially the Sonoran Desert
Conservation Plan.
Kelly Maslyn, Marana Chamber of Commerce (MCC) Executive Director,
introduced Vickie Edwards, Business Development Director at the Northwest
Medical Center (NMC), and Jim Hawkins, representing the Marana Health
Center (MHC). Ms. Edwards, on behalf of NMC, MCC and the Heritage
Highlands Golf Club, presented Mr. Hawkins with the proceeds from the Desert
~° Dash & Dart event. The 10K and 5K event was held during the 2001 Founders'
Day celebration and raised $2,361. Ms. Edwards congratulated the Marana
Health Center on its tremendous contribution to the community and pledged an
MINUTES OF COUNCIL MEETING
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ongoing commitment from NMC in support of the outstanding care provided by
the Marana Health Center.
Mayor Sutton announced that Governor Jane Hull had recently signed the bill
providing assignment of State land leases in the case of default. He said that this
was very good news for Marana and congratulated the Town staff for all of their
hard work.
VIII. STAFF REPORTS
There were no questions regarding the staff reports.
IX. GENERAL ORDER OF BUSINESS
A. CONSENT AGENDA
1. Resolution No. 2001-42: Consideration of recommendation to State
Liquor Board submitted by Frederick Wade Dunagan on behalf of The
Gallery Golf Club, located at 14000 N. Dove Mountain Boulevard,
Marana, Arizona, for a No. 07 (beer and wine) and a No.12 (restaurant)
liquor license. (Jocelyn Entz)
2. Resolution No. 2001-47: Approval of a Lot split for Blocks 7 & 8 of the
Ina Road Model Home Center (Joel Shapiro)
The Consent Agenda was unanimously approved following a motion by
Council Member Harn and a second by Council Member Honea.
B. COUNCIL ACTION
1. Public Hearing on the Camino de Manana Annexation -Consideration
of the Town of Marana's desire to annex approximately 228 acres
adjacent to the Town of Marana's border in Section 1, T12S, R12E. The
parcels within this annexation area are clustered in the south half of
Section 1 and are on the west and east sides of Camino de Manana and
north of Camino del Norte. (Dick Gear)
Upon motion by Council Member Kai, seconded by Council Member
Blake, unanimous approval to go into public hearing was given.
Mr. Hein gave an overview of this item. He explained that the property in
question was a county island and that the Town had received some
interest from the residents regarding annexation.
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George O'Day, resident, asked for an overview of the advantages of this
annexation and what services could be expected from Marana if the
annexation was successful.
Mr. Hein explained the annexation process and detailed the necessary
actions and required authorities. He listed advantages of being annexed
into Marana. These included no property taxes in Marana, no change in
water rights, prompt police response, a voice in adjacent land use
patterns, and the opportunity to participate in the democratic process by
voting for local representatives. He emphasized that there would be no
negative financial consequences without a property tax.
Upon motion by Council Member Blake, seconded by Council Member
Honea, the approval was given to come out of public hearing.
2. Resolution No. 2001-46: Saguaro Springs Preliminary Plat: Request for
Approval of an Amended Preliminary Block Plat consisting of 16 blocks
and 12 Lots on approximately 790 acres. This plat includes residential
,, blocks, a school site, drainage blocks and open space. It is located in
Section 18, and portions of Sections 17 and 19, Township 12 South,
Range 12 East, east of Airline road between Lambert Lane, Twin Peaks
Road, and the Tucson Mountains (Joel Shapiro)
Mr. Hein indicated that this item was a re-plat, pre-preliminary block plat
for Saguaro Springs development by Best Associates LLC. This item was
recommended for approval by the Planning and Zoning Commission.
There were strenuous objections from Arizona Portland Cement
representatives, attorneys Amy Kesserling and Keri Sylvan, regarding a
pedestrian access underpass at the quarry haul road/conveyor location
between Lambert Lane and Twin Peaks Road. A lengthy discussion
followed regarding this subject.
Council Member Harn stated that Town staff had worked closely with
Arizona Portland Cement (APC) to resolve any problems that might have
existed with this plat and that it was unfortunate that APC would bring
these objections before the Council at such a late date. She expressed her
disappointment.
Council Member Honea remarked that the Council, Best Associates and
APC were at an impasse. He suggested that one solution was to have a
stipulation placed on the plat approval. This condition was that no
pedestrian underpass would be constructed under the conveyor unless an
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agreement between Best Associates and APC was reached. He felt that,
since drainage was not a problem, then this preliminary plat should be
passed with conditions. He added that if an agreement could not be
reached, then Best Associates would have to appear before Council to
establish new plans before final plat approval.
Mayor Sutton also voiced his disappointment with Arizona Portland
Cement and their reluctance to negotiate with Best Associates on this
issue. He complained that this was not the first time that APC had waited
until the last hearing to raise objections to this project.
Ms. Silvyn commented that APC was willing to sit down with the
developer and discuss a safe pedestrian access but was adamantly
opposed to this access being located underneath a haul road and conveyor
area. She expressed that Arizona Portland Cement was standing firm in
not wanting children going under the haul road. She added that
alternative uses had never been an issue and that APC would definitely be
willing to investigate other locations as a solution.
Alan Krause, developer, clarified that Best Associates II, LLC had never
been in bankruptcy as rumored and that they were fully capable
financially of completing this project. He said that safety was paramount
and that his company was intent on bringing a quality development to
Marana. He was confident that a resolution with Arizona Portland
Cement would be reached.
Dan Hochuli read aloud the suggested wording for a proposed motion for
approval of Resolution No. 2001-46 as follows:
"I move to approve Resolution No. 2001-46 with the recommended
condition: In the event the applicant is unable to complete an easement for
pedestrian access under the haul road, the applicant must provide an
alternate proposal for pedestrian access which is acceptable to the Mayor
and Council prior to approval of the final plat."
Tom Barr, applicant, apologized to the Council for bringing this issue into
a public forum. He said that he believed the proposed crossing to be the
safest approach and in the best interest for the community but that he was
also prepared to explore an alternative access if APC was unwilling to
- - agree to the planned crossing.
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Mr. Hochuli said that the plat approved by Town staff presumed the
underpass and that anytime the Council approved a preliminary plat, the
considerations are essentially health, safety and welfare of Town
residents. He remarked that discussion had taken place to suggest that a
Lambert Lane crossing was unsafe and he stressed the fact that staff had
not investigated this location. He emphasized that, under the proposed
motion, Best Associates would have to come before Council again and that
the approval of this resolution did not grant permission for a crossing on
Lambert Lane.
Mr. Hein said that the suggested motion achieved everyone's interest at
present but that this issue was clearly not over. He said that approval of
the resolution with conditions would allow Best Associates to proceed
with their negotiations with Arizona Portland Cement but that they
would have to come back before Council, as the conditions indicated, with
a development agreement as well as Town staff approval of any
alternative crossing.
Council Member Kai said that safety for the children was very important
and he encouraged Mr. Barr to try to work out some type of overpass.
Mr. Barr replied that he understood about the added safety features of an
overpass and that his company would be happy to draw up preliminary
designs for that concept. He continued by stating that because APC had
considered purchasing trucks two sizes larger than currently owned, Best
was building the drainage passageway to that larger scale.
Council Member Honea moved to approve Resolution No. 2001-46 with
the eight current Planning Commission recommendations and with the
addition of a ninth condition. The ninth condition was as follows: In the
event the applicant is unable to complete an easement for pedestrian
access under the haul road, the applicant must provide an alternate
proposal for pedestrian access which is acceptable to the Mayor and
Council prior to approval of the final plat. The motion was seconded by
Council Member Harn and approved by Council unanimously.
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3. Executive Session: Pursuant to A.R.S. Section 38-431.03 (A)(1),
discussion or consideration of employment, assignment, appointment,
promotion, demotion, dismissal, salaries, disciplining or resignation of
a public officer, appointee or employee (Town Magistrate) of the Town
of Marana (Dan Hochuli)
Upon motion by Council Member Harn, seconded by Council Member
Blake, the Council recessed into Executive Session at 8:17 p.m.
At 10:36 p.m. Mayor Sutton reconvened the meeting with all Council
members present and seated on the dais.
4. Ordinance No. 2001.06: Amending Chapter 3, ("Officers, Department
Heads and Employees") and Chapter 5 ("Positions Appointed by the
Town Council, Town Manager & Department Heads") of the Town
Code, regarding the appointment cycle and term of the Town Magistrate
(Dan Hochuli)
Mr. Hochuli explained the proposed amendments for the Marana Town
Code, Chapters 3 and 5. He said that these changes would alleviate the
cumbersome nature of having either a newly elected or outgoing Council
making appointments. He stated that the revised Magistrate term would
begin on July 1 of each even numbered year and automatically terminate
on June 30 of the next following even numbered year. If Ordinance No.
2001.06 was adopted, a gap would be created in the current magistrate
term until the new cycle began in 2002, thus giving Judge Dillow another
year to his already served 3-year term.
Council Member Honea made a motion to adopt Ordinance No. 2001.06.
A second to the motion was made by Council Member McGorray and the
vote was unanimous in favor of the action.
5. Legislative Update (Mike Hein)
Mr. Hein detailed the past activities that had taken place in the
Legislature. He remarked on the signing of the default lease assignment
bill by the Governor. He believed this to be good public policy to secure
the revenue stream for the State as well as to provide Marana the
opportunity of avoiding backtracking through the entire process in case of
,. a default by Wolfswinkel.
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Council Member Harn asked if the default lease assignment bill would
prevent the Town from making any deals with Vistoso Partners on the
Tangerine property. Mr. Hein replied that there were no such restrictions
or preventions.
C. MAYOR AND COUNCIL'S REPORT
Council Member Ziegler remarked that she had enjoyed a memorable term
on the Town Council and that it had been a pleasure being involved in the
growth and guidance of Marana. She reported that she would like to serve on
the Planning and Zoning Commission.
Council Member Kai commended Ms. Ziegler on her community service and
said that her strong voice on the Council had been a welcomed force.
Council Member Honea reminisced about Ms. Ziegler's and his first
encounters and joined in commending her for her outspoken spirit and
leadership.
Council Member Harn reported that she had recently attended the Sister
Cities Conference and that she was very excited about beginning
arrangements for adopting a sister city in Kosovo.
Mayor Sutton reported that he had met with residents of Heritage Highlands
Home Owners Association to discuss local issues. He said that he also met
with a representative of ArizonaConstruction.com, an online posting service
that informs the public of new and ongoing construction projects. He
concluded his report by wishing Council Member Ziegler the very best in her
future endeavors and by commending her strength, research skills and loyal
commitment to Marana.
D. MANAGERS' REPORT
Mr. Hein joined the Council in thanking Council Member Ziegler for her
dedication to the Town.
Mr. Reuwsaat announced that a new Parks and Recreation Director had been
hired. Ron Smith, from Glendale, AZ, has 15 years experience in parks and
recreation.
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MINUTES OF COUNCIL MEETING
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MAY 1, 2001
X.
XI.
FUTURE AGENDA ITEMS
The Mayor asked that the process of hiring a court administrator be added to a
future agenda.
ADJOURNMENT
Upon motion by Council Member Honea and seconded by Council Member
Blake, the Council voted unanimously to adjourn the meeting at 10:55 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana
Town Council meeting held on May 1, 2001. I further certify that a quorum was
present.
ocelyn . Entz, Town Cle
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