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PLACE AND DATE
Marana Town Ha11, Apri115, 2003
I. CALL TO ORDER
By Vice Mayor Kai at 7:04 p.m.
II. PLEDGE OF ALLEGIANCE
Led by Vice Mayor Kai
III. INVOCATION/MOMENT OF SILENCE
Led by Brad DeSpain
IV. ROLL CALL
COUNCIL
Bobby Sutton, Jr. Mayor Excused
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 Hein Town Manager Present
Michael Reuwsaat Assistant Town Manager Present
Thomas Benavidez Town Attorney Present
Jocelyn Bronson Town Clerk Present
Brad DeSpain Utilities Director Present
Attached is a list of public attendees.
V. APPROVAL OF AGENDA
Upon motion by Council Member Comerford, seconded by Council Member
Escobedo, the agenda was unanimously approved.
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VI. ACCEPTANCE OF MINUTES
Upon motion by Council Member Blake, seconded by Council Member Honea,
the Apri11, 2003 minutes were unanimously approved.
VII. CALL TO THE PUBLIC/ANNOUNCEMENTS
Andy Peele, Continental Ranch area resident, addressed the Council regarding
noise and air pollution issues associated with the New West mining operation.
He reported on the attendance turnout for a recent meeting focusing on solutions
to the pollution problems and said that a group of residents from Continental
Ranch were present at this meeting as well as several Town staff members, and
representatives from New West. He related that one resident was especially
unhappy with an unusually low appraisal recently received on her home. He
said that the appraisal had been $10,000 less than the home's original purchase
price. Mr. Peele noted that the appraiser had acknowledged that the drastic
decline in the appraisal was mostly due to the visibility of the gravel pit as well
as the dust and odor pollution generated daily from that location. He said that
David Graham from New West was genuinely concerned about this situation
and indicated that he would personally see to it that steps were taken to remedy
the problems.
Mr. Peele continued by reporting his attendance at an April 8th meeting
concerning the permit application of Arizona Portland Cement (APC) plant for
an additional kiln. He said that the new kiln would double the amount of
pollutants currently being generated from the APC smokestacks. He indicated
that a group of Sunflower subdivision homeowners had recently formed a
committee, the Sunflower Air Pollution Advisory Committee, to monitor the
application process and that the group planned to hold meetings addressing this
issue every Monday at 4:30 p.m. He urged all interested parties to attend and to
voice their concerns. He also invited anyone having expertise in this area to join
the group and share their knowledge. This meeting, conducted by the Arizona
Department of Environmental Quality (ADEQ) and attended by many area
homeowners, was a result of numerous complaints expressed by the residents.
Mr. Peele informed the Council that the public had asked ADEQ for additional
time to review the permit documentation as the paperwork was not only lengthy
but also extremely technical. He said that ADEQ declined to allow for additional
review time and that a letter to Governor Napolitano would be generated by the
complainants requesting more time for public review. He expressed his desire to
-- alert Pima County Supervisor Sharon Bronson and other area officials of this
situation.
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Vice Mayor Kai thanked Mr. Peele for his vigilance and for the detailed update
on the public concerns associated with area pollution.
The Town Clerk, Jocelyn Bronson, introduced members of the first Citizens'
Resource and Education Workshop (C.R.E.W.). She explained that this workshop
was designed to aid in educating and communicating with the Marana residents.
Ms. Bronson informed the Council that the group had heard presentations given
by several Town entities such as Brad DeSpain, Utilities Director, Dick Gear,
Community and Economic Development Director, the Mayor and Council, the
Managers' office, the Legal department, and the Traffic department. The Clerk
welcomed the eight C.R.E.W. members in attendance and expressed her pleasure
in having them obser ve the Council in action. The Vice Mayor and Council
joined her in welcoming the C.R.E.W. visitors.
VIII. STAFF REPORTS
There were no questions regarding the staff reports.
IX. GENERAL ORDER OF BUSINESS
A. CONSENT AGENDA
1. Resolution No. 2003-30: Releasing the Assurance Agreement for
Countryside Ridge, Trust No. 30,189, for Lots 1 thru 193 and Common
Areas A-C and Acceptance of Public Improvements for Maintenance
(Fazhad Moghimi)
2. Resolution No. 2003-31: Releasing the Assurance Agreement for
Cancion de Ia Luna, Trust No. 7924T, for Lots 1 thru 88 and Common
Areas A-C and Acceptance of Public improvements for Maintenance
(Farhad Moghimi)
3. Resolution No. 2003-34: Approval of Intergovernmental Agreement
Amendment between the Town of Marana and Pima County for
Construction Works! (Michael A. Reuwsaat)
4. Resolution No. 2003-37: Amendment to the 2001 Community
Development Block Grant Program Contract for Management and
Implementation of Remaining Project Funds (Dan Groseclose)
5. Increase in Staffing: Request for one additional recreation coordinator
position to support the Parks and Recreation Special Events and Senior
Program (Jane Howell)
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6. Proclamation: Pediatric Cancer Awareness Month -Tee up for Tots
(Jocelyn Bronson)
Upon motion by Council Member Escobedo, seconded by Council
Member Blake, the consent agenda was unanimously approved.
B. COUNCIL ACTION
1. PUBLIC HEARING: Ordinance No. 2003.05 and Resolution No. 2003-35:
Protection of Cultural Resources: A request for approval of proposed
amendments to the Land Development Code of the Town of Marana,
amending Title 2 -Administration by establishing a Cultural Resources
Preservation Board, and creating Title 20 -Protection of Cultural
Resources, and declaring Title 2 and Title 20 to be a public record (Joel
Shapiro)
Vice Mayor Kai opened and closed the public hearing. There were no
speakers from the public regarding this item.
Mr. Reuwsaat addressed the Council regarding this item and said that it
was a dual action speaking directly to the heart of the Towri s motto,
"inspired by the past, committed to the future". He emphasized that the
Cultural Resources Preservation Board put strong support behind the
identification and evaluation of both prehistoric and historic
archaeological resources within the Marana community. He explained
that the board would be comprised of five members appointed by the
Mayor with consensus from the Town Council. He said that the board
would have three basic functions including being the primary advisor to
the Council regarding cultural resources, working with the Town staff to
establish an historic registry, and assisting with fundraising and historic
education. He noted that one legislative function provided for by the
ordinance was for the protection of the cultural resources. He stressed that
the formation of the board was a great step in solidifying the efforts to
identify and evaluate the Marana-area antiquities and history. He
informed the Council that the State had encouraged the Town to adopt its
own legislation, similar to 26 other communities throughout Arizona, in
which a process was in place that the development community could look
to and understand. He concluded by stating that the adoption of the
proposed action would allow the Town to compete for federal grant
--- funding for historic preservation planning as well as afford the Town
eligibility for other large foundation funding. He recommended approval
of both Council actions.
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Upon motion by Council Member McGorray, seconded by Council
Member Honea, Ordinance No. 2003.05 and Resolution No. 2003-35 were
unanimously approved.
2. Resolution No. 2003-33: Intergovernmental Agreement Regarding
Permitting and Operating Managed In-Channel Recharge of Effluent in
the Santa Cruz River Channel (Brad DeSpain)
Brad DeSpain, Utilities Director, spoke before the Council regarding
Resolution No. 2003-33. He explained that the intergovernmental
agreement (IGA) was atwo-year project in the making and that it dealt
with the recharge of effluent in the Santa Cruz River from the Ina Road
bridge to the Trico Road bridge. He gave a brief explanation of the
multiple party IGA and said that effluent was very important to Marana.
He pointed out that, eventually, the Town would grow enough to enter
into its own effluent agreement such as Metro Water and the Town of Oro
Valley had entered into with the City of Tucson Water. He concluded by
assuring the Council that the current amount of effluent would grow into
a valuable renewable resource for Marana's future.
Vice Mayor Kai commented that this agreement gave the Town and the
Cortaro-Marana Irrigation District control of their underground water and
that he thought approval of this Council action was worthwhile.
Mike Hein followed up by commending Mr. DeSpain for his diplomatic
skills during the lengthy negotiation process. He remarked that there were
both common interests and conflicting interests among the multiple
parties. He said that this agreement was an instrumental piece in the
overall water strategy which included protecting the Towns aquifer,
making sure it was managed properly, and ensuring that there were no
sudden overdrafts or withdraws of the effluent recharged in the area. He
declared it to be an amazing show of cooperation between the various
jurisdictions and other entities, with Marana acquiring the position it
needed to control the valuable water assets.
Upon motion by Council Member Honea, seconded by Council Member
Blake, Resolution No. 2003-33 was unanimously approved.
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3. State Legislative Issues - DiscussiorS/Direction/Action regarding all
pending bills before the Legislature (Mike Hein)
Mr. Hein informed the Council of pending State legislative issues related
to Marana interests. He said that the session was culminating and
described it as quiet with a record low number of bills being introduced.
He commented that most legislators were waiting for the looming budget
battle that was to come. He pointed out that it was important for the Town
to remain vigilant with the League of Arizona Cities and Towns and
legislators regarding state-shared revenues and to continue reinforcing the
importance of these monies for providing services locally. He continued
by briefly commenting that the aviation flight fund and eminent domain
bill were still in issue and the bill pertaining to referendum signatures had
passed in the House.
C. MAYOR AND COUNCIL'S REPORT
Council Member Honea reported on his recent presentation before residents
of the Sunflower subdivision. He said that he recounted the Town's history
and that the outing was a lot of fun.
Vice Mayor Kai said that he had attended the Peace Vanguard inauguration
on April 8~ at the Pinal Air Park. He noted that the Army Guard was in the
process of training 108 pilots and mechanics sent to this area by the Singapore
government. He reminded everyone that these long-term visitors were
shopping and dining in the Marana vicinity thus benefitting the area.
The Vice Mayor concluded his report by stating that Council Member
McGorray and he had attended the Northwest Pima County American
Diabetes Walk held on Apri112~ at Heritage Highlands.
D. MANAGERS' REPORT
Mr. Hein thanked everyone who helped with the progressive dedications at
the three parks on April 5~. He declared it to have been a big success. He
singled out the Parks and Recreation department for their outstanding effort
in not only getting the event put together but also in getting the parks ready
in time for the dedication. He said that Town staff was looking forward to
having more events of this nature in the future.
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X. UPCOMING EVENTS
There were no upcoming events announced at this time.
XI. FUTURE AGENDA ITEMS
There were no topics suggested for future agenda items at this time.
XII. ADJOURNMENT
Upon motion by Council Member Escobedo, seconded by Council Member
Blake, approval to adjourn was unanimous. The time was 7:32 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the
Marana Town Council meeting held on April 15, 2003. I further certify that a
quorum was present.
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