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Home My WebLink About05/06/2003 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NTAY 6, 2003 PLACE AND DATE Marana Town Hall, May 6, 2003 I. CALL TO ORDER By Mayor Sutton at 7:06 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 Hein Town Manager Present Michael Reuwsaat Assistant Town Manager Present Thomas Benavidez Toti~n Attorney Present Jocelyn Bronson To~~n Clerk Present Jim DeGrood Development Services Administrator Present Dick Gear Comm. & Economic Dev. Director Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Mayor Sutton, seconded by Council Member Blake, the agenda with changes ti~as unanimously approved. The changes were that Item IX. B. 3, Resolution No. 2003-42: San Lucas Preliminary Block Plat, and Item IX. B. 4, Resolution No. 2003-41: Approval of Railroad Crossing Agreement with Union Pacific Railroad, were continued until the May 20, 2003 Council meeting. 1 MINUTES OF REGULAR COUNCIL MEETING M:~RANA TOWN HALL .,,~. _ 'MAY 6, 2003 VI. ACCEPTANCE OF MINUTES Upon motion by Vice Mayor Kai, seconded by Council Member Honea, the April 15, 2003 regular Council meeting minutes and the minutes of the April 22, 2003 Budget Study Session were approved 6/0. Mayor Sutton abstained from the vote as he was absent from the Apri115, 2003 regular Council meeting. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Dick Gear introduced Charlie Mangum, the Marana Northwest Regional Airport Manager, to the Council and public. He said that Mr. Mangum brought a wealth of experience and knowledge to his position, including a masters degree in airport management from the prestigious Embry-Riddle Aeronautical University. Mayor Sutton congratulated Karl Horvath, longtime resident and community volunteer, on the recent birth of a new granddaughter. ~" Andy Peele, Marana resident, spoke before the Council regarding pollution issues associated with the New West mining operation and gravel pit. He said that Sunflower residents were complaining about asphalt odors, fugitive dust pollution and equipment noise that was emanating from the mining operation. He said that he had filed a complaint with the Marana Police Department but was told that the business was legally permitted to operate on a 24-hour basis. He related that the mining pollution was a detriment to the area and posed serious health risks for adjacent homeowners as well as the potential cause of declining property values. Mayor Sutton asked the staff to check on all ordinances associated with mining regulations and the operation of businesses around the clock. He also said that appraisals were based on the surrounding residential market and that he ~~ould be surprised to find a declining appraisal based strictly on the mining operation's equipment noise and asphalt odor. Eloise Brown, resident, spoke before the Council about a water impact fee being considered by the Tucson City Council. She explained that if this legislation does not receive approval from the City of Tucson, then Tucson Water would be forced to raise the water rates to alI of its customers, some of whom were Marana residents. She asked for assistance from the Council in her quest to lobby the City of Tucson to approve this impact fee. 2 MINUTES OFREGULAR COUNCIL MEETING ?VIARANA TOWN HALL MAY 6, 2003 Mayor Sutton asked the senior staff to research this matter and bring back information for consideration of Ms. Brown s request. Kelle Maslyn, the former Marana Chamber of Commerce Executive Director, introduced herself as the new Corporate Affairs Manager at Comcast Cable Communications. She offered her continued support for the Marana community and said that she would be Comcast's contact person for special events coordination such as the Fourth of July celebration. Vice Mayor Kai introduced Laurie Lustig to the Council and public and welcomed her to the meeting. Ms. Lustig is the government liaison for the Southern Arizona Homebuilders Association. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003-32: Butterfly Mountain Final Plat: A request to approve a final plat fora 28-lot subdivision located on 103.77 acres north of Moore Road, between Camino de Oeste and Thornydale Road, within a portion of Section 30, Township 11 South, Range 13 East (Joel Shapiro) 2. Resolution No. 2003-38: Acceptance of the dedication of Dove Mountain Boulevard Phase IV, Secret Springs Drive, and a portion of Saguaro Forest Loop as Public Right-of-Way and a Public Road Way and Drainage Easement along the above proposed public rights-of-way, in accordance with the Dove Mountain Specific Plan (Farhad Moghimi) 3. Resolution No. 2003-39: Approval of Intergovernmental Agreement between Pima County and the Town of Marana Police Department, a member agency of the High Intensity Drug Trafficking Area (H.I.D.T.A.) Program Drug Grant Agreement (Richard Vidaurri) 4. Resolution No. 2003-43: Approval of General Services Intergovernmental Agreement and Amendment No.1 to the Intergovernmental Agreement with Pima County Health Department under the U.S. Department of Justice 2001 State Domestic Preparedness Program Grant (Jocelyn Bronson) NIINLJTES OF REGULAR COUNCIL MEETING MARANA TO`VN HALL MAY 6, .20.03 5. Resolution No. 2003- 44: Request for approval of a Purchase and Sale Agreement between the Town of Marana and Northwest Fire/Rescue District for the acquisition by the fire district for two acres of land adjacent to the Marana Operations Center (Michael A. Reuwsaat) 6. Resolution No. 2003-48: Dedication of Little League ball field at Ora Mae Harn District Park (Ron Smith) 7. Resolution No. 2003-47: Designating the Tortolita Preserve as a Town Park (Andy Laurenzi) 8. Discussion/Direction: Request to apply to the State Land Department for aRight-of-Way application under A.R.S. Section 37-461 to purchase a right-of-way for the purpose of establishing in perpetuity a 15-foot wide corridor for anon-motorized public trail system over and across the lands annexed into the town boundaries known as the Tortolita Preserve (Andy Laurenzi) 9. Resolution No. 2003-28: Approval of First Amendment to Development Agreement between the Town of Marana and New West Materials for an extension to complete trail improvements adjacent to the Santa Cruz River and the Future Tangerine Road dedication and trail easement (Mike Reuwsaat) 10. Ordinance No. 2003.08 and Resolution No. 2003-46: Adoption of 2002 Tax Code Amendments (Roy Cuaron) 11. Proclamation: Proclaiming May 17, 2003 as Armed Forces Day (Jocelyn Bronson) Upon motion by Council Member Escobedo, seconded by Council Member Blake, the consent agenda was unanimously approved. Council Member Escobedo took this time to acknowledge the presence of Juell Smith in the audience and he commended her for bringing Alan Ourada's longstanding civic service to the Council's attention. He explained that Mr. Ourada, who recently passed away, had served the Marana community as a Little League coach for over 14 years. He said that Ms. Smith had lobbied to have a Marana ball park dedicated in Mr. . ~ Ourada's honor. The Councilman reported that, per Resolution No. 2003- 48 just passed on the consent agenda, one of the ball fields at the Ora Mae Harn District Park would be dedicated to Mr. Ourada during the Little League closing ceremonies in June. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALT MAY 6, 2003 B. COUNCIL ACTION 1. Ordinance No. 2003.09 and Resolution No. 2003-47: Amendment of Town Code Article 12-4 Off-Road Vehicle Use and declaring an emergency to exist (Andy Laurenzi) Mike Reuwsaat introduced this item and spoke briefly about the connection this Council action had with regulations imposed by the U. S. Fish and Game department for the management of the Tortolita Preserve. He explained that part of the Towri s responsibilities for the 2,400 acre preserve included the prohibition of vehicular use. He reported that police patrols had been taking place over the last few months in order to alert the public of the vehicle ban within the park area. He added that the Town Code did not reflect those restrictions for off-road vehicles and that this action item was recommended as a remedy. Upon motion by Council Member McGorray, seconded by Council Member Blake, Ordinance No. 2003.09 and Resolution No. 2003-47 were 3-M- unanimously approved. 2. PUBLIC HEARING: Proposed modifications to the Santa Cruz River Floodplain and Floodway, downstream of Sanders Road (Jim DeGrood) Mayor Sutton opened and closed the public hearing. There were no speakers from the public. Jim DeGrood spoke to the Council and public regarding this item. He said that modifications to the Federal Emergency Management Agency (FEMA) floodplain and floodway for the Santa Cruz River, downstream of the Sanders Road bridge, had been proposed. He said that with the recently completed levee improvements by Pima County Flood Control District, and the physical improvements in the floodplain which were associated with agriculture, it had been determined that revisions to the floodway would dramatically benefit the residents living ~~ithin the Berry Acres area. He said that this public hearing was held in compliance with FEMA requirements to allow the public an opportunity to comment on the proposed actions. ..~ A general discussion followed which focused on the findings and methods used to identify the areas that would be included within the floodplain after mapping changes and the impact new computer technology had on the 1993 FEMA study findings. s MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL LAY 6, 2003 Mr. DeGrood stated that a comprehensive package containing the Towri s findings would be ready for submission to FEMA within the next 30 days and that the process was expected to take approximately six to nine months before a response from FEMA would be issued. 3. Resolution No. 2003-42: San Lucas Preliminary Block Plat: An application for approval of a Preliminary Block Plat fora 291.97 acre Master Planned Development located east of I-10, north of Adonis Road, and west of the CAP canal, in a portion of Section 22, Range 11 East, and Township 11 South. Earlier, by unanimous vote, this item was continued to the May 20, 2003 Council meeting. 4. Resolution No. 2003-41: Approval of Railroad Crossing Agreement with Union Pacific Railroad for the improvement and relocation of the Cochie Canyon Trail railroad crossing. ~_ This item was continued to the May 20, 2003 Council meeting. 5. Resolution No. 2003-40 and Ordinance No. 2003.07: Amending Article 2-9 (Board of Adjustment) of the Marana Town Code (Mike Hein) Mr. Hein spoke briefly about this item and said that the approval of the action would establish an independent seven-member Board of Adjustment governed by Bylaws approved by the Town Council. He explained that the Board members would serve 4-year staggered terms. Upon motion by Council Member Honea, seconded by Council Member Escobedo, Resolution No. 2003-40 and Ordinance No. 2003.07 were unanimously approved. 6. EXECUTIVE SESSION. Pursuant to A.R.S. Section 38-431.03 (A)(4) for discussion and consultation with the Town Attorney to consider the Town's position and instruct its attorney regarding the Town's position in pending litigation, Velardi vs. Marana (Dan Hochuli) Upon motion by Council Member Escobedo, seconded by Council Member Blake, the Council went into executive session at 7:38 p.m. 6 MINUTES OF.REGULAR COUNCIL MEETING nIARA.NA TOWN HALL MAY 6, 2003 7. Action on Executive Session, Item IX. B.6, pursuant to A.R.S. Section 38- 431.03 (A)(4) for discussion and consultation with the Town Attorney to consider the Town's position and instruct its attorney regarding the Town's position in pending litigation, Velardi vs. Marana (Dan Hochuli) At 7:55 p.m., Mayor Sutton called the Council meeting to order with all Council members present and seated at the dais. Upon motion by Council Member Honea, seconded by Council Member Escobedo, settlement of Velardi vs. Marana as recommended by the Town Attorney was unanimously approved. 8. State Legislative Issues There was no discussion regarding legislative issues. C. MAYOR AND COUNCIL'S REPORT ~~. Vice Mayor Kai reported that he would be in Phoenix on May 7~ and 8~ attending the Arizona Water Banking Authority meeting and the Central Arizona Water Conservation District meeting. D. MANAGERS' REPORT There were no reports given at this time. X. UPCOMING EVENTS There were no upcoming events announced at this time. XI. FUTURE AGENDA ITEMS The subject of scheduling the Council retreat was suggested as a future agenda. MINUTES OF REGULAR COUNCIL NTEETING MARANA TOWN HALL' 1~1AY 6, 2003 XII. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to adjourn was unanimous. The time was 8:00 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 6, 2003. I further certify that a quorum was present. ocelyn B nson, Town Clerk a. ~ , Mss ~ a, ' ~~~ x ® _ .a ~„ .r~~~~~;~ (~~ 8