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HomeMy WebLinkAbout07/06/2004 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 6, 2004 I. II III. IV. PLACE AND DATE Marana Town Hall, July 6, 2004 CALL TO ORDER By Mayor Sutton at 7:01p.m. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/MOMENT OF SILENCE A moment of silence was observed. 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 Mike Reuwsaat Town Manager Present Jaret Barr Interim Development Services Admin. Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Executive Asst. to the Town Manager Present Richard Vidaurri Chief of Police Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Mayor Sutton asked for changes in the order of the agenda items which included moving Consent Agenda Item A.1., Resolution No. 2004-88, to the first item heard under Council Action, moving Council Action Item B. 8., Resolution No. 2004-91, to the Consent Agenda, and moving Council Action Item B. 7., Resolution No. 2004-96, to the third item heard under Council Action. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 6, 2004 Upon motion by Council Member Escobedo, seconded by Council Member Honea, the amended agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member McGorray, seconded by Council Member Escobedo, the May 25, 2004 Budget Study Session minutes were unanimously approved, the June 1, 2004 Study Session minutes were unanimously approved, the minutes for the June 15, 2004 Study Session and the regular Council meeting were approved 6/0, and the minutes of the June 24, 2004 Special meeting were unanimously approved. Vice Mayor Kai was absent from the June 15th meetings and abstained from the vote on those meeting minutes. Council Member Comerford abstained from the vote on the May 25th Budget Study Session and the June 1St Study Session as she was absent from both meetings. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Chief Vidaurri introduced Elliot Rice, the new MPD chaplain and a member of the Volunteers in Police Service (NIPS) program. The Chief relayed Mr. Rice's background and noted that he was also a graduate of the Marana Police Department's Citizens' Police Academy. Eloise Brown, Marana resident representing the Tucson Council for International Visitors, introduced the Honorable Louise Gade, Mayor of Aarhus, Denmark. Mayor Sutton welcomed the visiting dignitary and remarked that Mayor Gade had quite an impressive resume filled with community service accomplishments. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA B. 8. Resolution No. 2004-91: Relating to Commercial Development; Approving a Development Plan for The Shoppes at Arizona Pavilions (Kevin Kish) 2 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 6, 2004 2. Resolution No. 2004-89: Relating to Agreements; Approving an Intergovernmental Agreement between Town of Marana and the State of Arizona Department of Transportation (ADOT) for the design and construction by ADOT of an improved eastbound on-ramp at Cortaro Road and I-10 (Harvey Gill) 3. Discussion/Action: Relating to Employment for Seniors; Approving a request for $5,000 to partially fund a new non-profit program called Employment Opportunities For Seniors (Jane Howell) 4. Resolution No. 2004-94: Relating to Subdivisions; Approving a Final Plat for Continental Reserve Block 15 (Kevin Kish) 5. Resolution No. 2004-92: Relating to Subdivisions; Approving a Final Plat for Continental Reserve Block 16A (Kevin Kish) 6. Resolution No. 2004-93: Relating to Subdivisions; Approving a Final Plat for Continental Reserve Block 16B (Kevin Kish) 7. Resolution No. 2004-90: Relating to Subdivisions; Approving a Final Plat Resubdivision for Safeway Store #1749 Lot 6 (Kevin Kish) 8. Discussion/Action: Relating to Davis Monthan AFB; Approving a financial contribution in support of DM's survival (Mike Reuwsaat/Dick Gear) 9. Discussion/Action: Relating to Housing; Self-Help Housing Program - Commitment Letter (Dick Gear) 10. Resolution No. 2004-97: Relating to Boards, Committees and Commissions; Approving the appointments of Marsha Johnson and Doren Sears to the Marana Business Advisory Committee (BAC) (Roy Cuaron) Upon motion by Council Member Escobedo, seconded by Council Member Honea, the consent agenda with changes was unanimously approved. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 6, 2004 B. COUNCIL ACTION A.1. Resolution No. 2004-88: Relating to the Court; Approving the appointment of magistrates pro tempore and civil traffic hearing officers (Joe Teta) Mr. Reuwsaat presented this item before the Council and noted two changes to the proposed resolution. The changes were made on page two of the resolution, first paragraph, second line, striking out "concurrent with that of the Town Magistrate," and in the fourth paragraph, second line, changing "2006" to "2004". He recommended adoption of the resolution. Upon motion by Vice Mayor Kai, seconded by Council Member Honea, Resolution No. 2004-88 with amendments was unanimously approved. 1. Public Hearing. Ordinance No 200416: Relating to the privilege license tax; Amending the town tax code by increasing the tax rate on certain activities by one half cent for regional roadway improvements (Jim DeGrood) Mr. Reuwsaat addressed the Council regarding this item. He said that funding transportation needs in Marana and the region was one of the most important issues the Town faced in order to maintain the vision and quality of life set forth by Council direction. He said that these needs, both locally and regionally, significantly outstripped available resources and that the Town and other neighboring jurisdictions could not rely on federal and state funding to fill the gap. He reminded the Council of the Town's support in January, 2004, of legislation restoring the Regional Transportation Authority (RTA) together with the ability to call for a regional half cent sales tax to fund the RTA. He said that a Manager's committee, Marana Citizens' Transportation Committee, was appointed to review the benefits of a locally adopted sales tax which would sunset upon the approval of the RTA tax in the same amount. He reported that the committee had reviewed the sales tax materials and voted unanimously to support its adoption. He mentioned that a presentation of this proposed sales tax had been made by the Marana Citizens' Transportation Committee to the Business Advisory Committee (BAC) and that the BAC had also unanimously supported the adoption of the sales tax proposal, with the stipulation that it be rolled back upon the adoption of a regional half cent sales tax to support the RTA. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 6, 2004 The Town Manager named the members of the Manager's Committee which included Chair Dan Sullivan, Greg Wexler, Dave Parker, Ed Stolmaker, Michael Osborne, Eloise Brown, Rick Lesko, Jay Schwartz, Mark Weinberg, Dan Post, Bill Hallinan, Paula Meade, Jim Shiner, and Richard Purcella. He commented that this was an outstanding representation of the local community both from a citizen and business standpoint. He thanked the committee members for their hard work on this issue. He noted that, if approved, the 60-day waiting period before any taxes could be collected would end in October, 2004. A PowerPoint presentation was shown during the Town Manager's explanation of this proposed action. A copy of the presentation has been made a permanent part of this record. Mr. Reuwsaat proceeded with his presentation and focused on several of the transportation projects planned for the future that would be included in the estimated costs over the next 30 years. Mayor Sutton asked that Mr. Sullivan, Marana Citizens' Transportation Committee Chair, speak to the Council about the committee's findings. The Mayor opened and closed the public hearing. No speakers came forward to .address this issue. Mr. Sullivan commented that the committee was fairly diverse in its membership but that it came to a unanimous agreement on this recommendation in only two meetings. He said the committee felt that the Town Manager should be commended for being pro-active in meeting the ever-increasing transportation needs of the Town. Mayor Sutton remarked that, with the RTA legislation addressing the transportation needs of the entire county, the Town was ahead of the curve once again. He said that this was part of the Council's vision and philosophy. Mr. Reuwsaat pointed out an amendment made to Section 9 of the proposed ordinance which consisted of changing September to October. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Ordinance No. 2004.16 was unanimously approved. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 6, 2004 2. Public Hearin. West Neighbors Revised Annexation: Relating to annexation; Consideration of the Town of Marana's desire to annex approximately 112 acres in the vicinity of the Saguaro Ranch project. This property lies within Sections 20 and 29, township 11 South, Range 13 East, Gila and Salt River Meridian (Dick Gear) Mr. Barr spoke before the Council about this item. He gave a brief history of the proposed annexation process. Mayor Sutton opened and closed the public hearing with no speakers coming forward. There was no further discussion regarding this item. 7. Resolution No. 2004-96: Relating to a resolution of the Town Council of the Town of Marana, Arizona, authorizing the execution and delivery of a third supplement to amended and restated town lease and Series 1992 town lease, a letter of representation to bond purchase contract and a Series 2004 continuing disclosure agreement; approving the execution and delivery by Town of Marana Municipal Property Corporation of such third supplement to amended and restated town lease and Series 1992 town lease, a Series 2004 supplemental trust indenture, an escrow trust agreement, a financial guaranty or related agreement necessary for credit enhancement and a bond purchase contract; approving an official statement; approving the issuance of not to exceed $10,000,000 aggregate principal amount of Town of Marana municipal property corporation municipal facilities revenue bonds, Series 2004; delegating to the Manager of the Town of Marana, Arizona, and in his absence, the Finance Director of the Town of Marana, Arizona, the authority to determine various terms with respect to the bonds and certain matters with respect to certain bonds to be refunded with the proceeds of the sale thereof; providing for the transfer of certain moneys for the payment thereof and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution and declaring an emergency (Roy Cuaron) Mr. Cuaron presented this item before the Council. He said that the proposed resolution would authorize the staff to execute the necessary documentation to effectuate the bond transaction described in the backup materials. He noted that the net effect of this transaction would be to reduce ,~ the Town's overall debt service by approximately $600,000. He recommended approval of the proposed resolution. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 6, 2004 Upon motion by Council Member Blake, seconded by Council Member Escobedo, Resolution 2004-96 was unanimously approved. 3. Ordinance No. 2004.15: South Neighbors Annexation: Relating to Annexation; Extending and increasing the corporate limits of the Town of Marana, Arizona, pursuant to A.R.S. § 9-471 by annexing that territory known as South Neighbors Annexation (Dick Gear) Mr. Barr presented this item before the Council and said that signed petitions representing 100 percent of the property owners and 100 percent of the real and personal property value had been received by the Town. He described the property as a 28-acre parcel zoned Pima County SR (Suburban Ranch) and Suburban Homestead which would translate into the Town's zoning designations of R-144 and R-36 respectively. He noted that all notification requirements had been properly complied with and he recommended approval of the proposed ordinance. The Mayor inquired if there were any speakers wishing to come forward regarding this item. There were none. Upon motion by Council Member McGorray, seconded by Council Member Honea, Ordinance 2004.15 was unanimously approved. 4. Public Hearing. Resolution No 2004 95: Relating to Subdivisions; Approving a Preliminary Plat for Rancho Marana 154 (Kevin Kish) Kevin Kish spoke before the Council regarding this item. He gave a brief description of the proposed subdivision located west of Sandario Road, north of Moore Road, and south of Barnett Road. He said that the project had been reviewed in compliance with the Rancho Marana Specific Plan, the Northwest Marana Area Plan, and the Marana General Plan and was found to be in substantial compliance with all. Mayor Sutton opened and closed the public hearing. No speakers came forward. Upon motion by Vice Mayor Kai, seconded by Council Member Comerford, Resolution No. 2004-95 was unanimously approved. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 6, 2004 5. Resolution No. 2004-87: Relating to Municipal Court; Approving the reappointment of James R. West as Marana Town Magistrate for afour- year term beginning July 1, 2004, and declaring an emergency (Frank Cassidy) Mr. Cassidy presented this item before the Council. He said that the proposed action reappointed James R. West to a second four-year term as the Town Magistrate. Upon motion by Council Member Honea, seconded by Council Member Escobedo, Resolution No. 2004-87 was unanimously approved. Council Member Comerford thanked Judge West for including in the backup materials list of actions taken during his first term. She noted that his accomplishments were commendable and that the information was very informative. 6. Discussion/Direction: Relating to Personnel; discussion and consideration of a proposed amendment to the Town's Personnel Policies Manual, revising Policy 5-6 "PROBLEM RESOLUTION" (Mike Reuwsaat) Mr. Cassidy gave a brief description of the proposed personnel action. He said that this procedure would only apply to serious personnel actions such as a demotion, a pay reduction, or termination. He said that the action created afour-step system beginning with the department head up to the Town Manager. Mr. Reuwsaat said that it was important to institute this review board because it provided the Town extra protection from litigation. He said that State law required this process for law enforcement employees and that the Town was extending the process to the classified employee base. 9. Resolution No. 2004-98: Relating to Development; Approving and authorizing the execution of a development agreement regarding the Tangerine Crossing development project, and declaring an emergency (Frank Cassidy) Mr. Cassidy spoke before the Council regarding this item and said that the proposed development agreement was essentially a settlement with the Tangerine Crossing developer who had existing zoning entitlements that were being negotiated away. s MINUTES OF REGULAR COUNCIL MEETING P'IARANA TOWN HALL JULY 6, 2004 Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2004-98 was unanimously approved. C. MAYOR AND COUNCIL'S REPORT Council Member Blake commented that he was in total agreement with the Town Manager regarding the delivery of the Council packets on Wednesdays. He also remarked that the notes and data on some of the Planning & Zoning backup materials. He asked Mr. Kish to take care of this matter. Council Member McGorray reported her attendance at the Fourth of July celebration held on July 3rd. She said that she was very proud of Marana's fireworks display and the entire event. Council Member Escobedo agreed with Council Member McGorray that the Towri s celebration was excellent with a wonderful showing of families. Mayor Sutton agreed with everyone and said that the military bands brought ~, back the old patriotic feelings and hit home with most of the crowd. D. MANAGERS' REPORT Mr. Reuwsaat thanked the Mayor and Council for their strong support of the Fourth of July event. He agreed that it was great to see all of the families. He reported about several negotiating points regarding the Cotton Gin. X. FUTURE AGENDA ITEMS Council Member Escobedo asked that the Northwest Area Plan be put on a future agenda. 9 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 6, 2004 XI. ADJOURNMENT Upon motion by, seconded by Council Member Escobedo, seconded by Council Member McGorray, unanimous approval to adjourn was given. The time was 7:45 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July 6, 2004. I further certify that a quorum was present. e yn B nson, Town Clerk io MARANA TOWN COUNCIL MEETING Public Attendees Name Address MARANA TOWN COUNCIL MEETING Public Attendees DATE: Name Address