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HomeMy WebLinkAbout08/17/2004 Regular Council Meeting MinutesMIIVUTES~UE REGULAR COUNCII.. MEETING MARANA TOWN.,HALL . ,~~ ,>. AUGUST 17, 2004 ' PLACE AND DATE Marana Town Hall, August 17, 2004 I. CALL TO ORDER By Mayor Sutton at 7:OOp.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 Mike Reuwsaat Town Manager Present Jaret Barr Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Executive Asst. to the Town Manager Present Kevin Kish Interim Planning Director 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. 1 NtiriuTEs~oF REGULAIt~CUUNCIL 1V[EE'I'ING MARANA ~TOR'N HALL .~ __ ATGUST 17;~~2004 VI. ACCEPTANCE OF MINUTES Upon motion by Council Member McGorray, seconded by Council Member Comerford, the August 3, 2004 Town Council minutes were approved 6/0 with one abstention. Mayor Sutton was absent from the August 3rd meeting and abstained from the vote. VII. CALL TO THE PUBLIGANNOUNCEMENTS Mike Brummett, Recreation Coordinator, spoke before the Council and introduced Aubrey Eckoff, Marana Swim Coach, who informed the audience and Council of how well the Marana Marlins, the Town's 71-member co-ed swim team ranging in age from 6 to 18, had been competing on the Pima County swim meet circuit. She said that the Marana Marlins had competed against 10 other County swim teams and had won by 14 points overall. Ms. Eckoff related that the team had also competed on the State level and that 10 Marana swimmers had attended the Phoenix meet. She remarked that Adam Kerr received two first place ribbons and a second place ribbon at State. She presented the Mayor and Council with the trophy that the Marana Marlins brought back from the State competitions. Mr. Brummett announced the six newest members of the Marana Teen Advisory Council which included Kortney Smith (Teen Town Manager), Jenny McDaneld (Teen Town Clerk), Candice Robertson (Teen Town Attorney), Jake Rafus (Teen Development Services Director), Shyanne Lyons (Teen Human Resource Director), and Tim Ostberg (Teen Parks & Recreation Director). Mayor Sutton welcomed the young people to the newly formed council. He wished them all luck in their political venture and said that he hoped they would learn something about government during their MTAC terms. Mr. Brummett continued to speak and updated the Council on the MTAC fundraising efforts. He said that the last event had raised $190. He commented that the teens were all becoming very enthusiastic about the upcoming year on the teen advisory council and that each had expressed an interest in the teen speeding issue. He invited the public to attend a MTAC meeting and explained that the meetings were held on the second Thursday of every month at 5:00 p.m. in the Marana Town Hall Council Chambers. Council Member Escobedo pointed out that most of the MTAC members were ~- ° students at Marana High School but that the youth group's advisors had also been actively recruiting students from Mountain View High School in order to keep the group diversified. 2 1VIIlVUTES~ OF REGULAR COUNCH~ MEETING >. MARANA TOWN HALL , `' ~ AUGUST 17,..2004 Steve Temple, Marana Western Heritage Committee (MWHC) President, spoke before the Council regarding the group's accomplishments and the upcoming arena schedule. To begin his report, Mr. Temple read the MWHC mission statement into the record as follows: "The Marana Western Heritage Committee is anon-profit organization dedicated to the equestrian events in a family atmosphere. We are committed to the development of sportsmanship, horsemanship, and strong family values, and we strive to preserve the western heritage and lifestyle in the Town of Marana." Mr. Temple reported on the group's successful fund raising campaign and said that monies had been donated for a variety of necessities including $4,700 used to purchase prize buckles and saddles for event winners, $1,500 donated by Marana Golf and earmarked for an arena PA system, over $9,100 worth of sand donated by Cemax, a $500 donation from CPE Consultants for timers, the purchase by MWHC of arena management software materials, a generous donation of air conditioning and windows for the announcers' booth, and a donation of new roping boxes and gates from Parsons' Steel and the Marana Stockyards. He added .. that MWHC had purchased insurance naming the Town as additionally insured. Mr. Temple gave a brief rundown of the arena's event schedule and remarked that the facility was being used regularly three nights per week. He noted that every other Friday night the MWHC put on a timed event rodeo where only a limited number of entries were accepted. He said that the special events included calf roping, team roping, barrel racing, and a demonstration by the Mounted Shooters of America. He noted that youth events were interspersed throughout the evening and included boot scrambles, calf scrambles, break-away roping, and barrel racing and were free to the youth participants. He formally invited each of the Council members to the upcoming August 27th rodeo event and asked for their assistance in distributing prize monies. He handed out individual invitations to the Council along with the arena schedule. These informational handouts have been made a permanent part of this record. He said that one of the Marana Western Heritage Committee's first year goals was to produce some form of kids' corral or playground where the younger children could play during the rodeo events. He said that another goal was to host events that provided charity funding. He said that a sponsorship packet would be available shortly in a monthly newsletter. He noted that the committee was also in the process of obtaining new bleachers and of acquiring additional parking and fencing. 3 _ MINUTES OF REGITLAR COUNC`II: MEETING MARANA TOWN HALL AUGUST,17, 2004 Mr. Temple explained that, within the organization's three year plan, the MWHC was seeking to raise the quality of the rough stock in order to attract a better participation at the gate as well as attract a higher level of charities with which the MWHC might align for mutual events. He concluded by saying that there were approximately 41 future events scheduled and that there had been State-wide participation. He thanked his fellow committee members who included Vice President Don Carpenter, Treasurer Jim Cosbey, Secretary Lea Ann Dorrel, Board Member Tim Escobedo, Board Member Butch Jacobs, Board Member Marty Latta, Board Member Jon Post, Board Member Gary Pruitt, and Board Member Dan Sample. The MWHC President also thanked Teri Murphy, MWHC Events Coordinator, for her outstanding volunteer efforts. Council Member Escobedo thanked Mr. Temple for his hard work in getting the Marana Western Heritage Committee up and running. He also singled out Teri Murphy and Lea Ann Dorrel for special recognition and thanked them both for working diligently to organize the rodeo events. Mike Mencinger spoke before the Council regarding a recent award received by .x.,_ Vince Lorefice, Fleet Supervisor. Mr. Mencinger pointed out that Mr. Lorefice was a member of the Rocky Mountain Fleet Managers Association, a management society that included members from Arizona, Colorado, New Mexico, Utah, Nevada, and Idaho. He said that Mr. Lorefice was named the Fleet Professional of the Year by the organization. Mr. Mencinger reported that during Mr. Lorefice's two years in the Town's employ he had implemented many new services which raised the level of customer service for various departments. He said that Mr. Lorefice was also a member of the Marana Safety Committee, the founder and chair of the Vehicle Incident Review Committee, a member of the Town-assisted Day Care Program, and a member of the Employee Recognition Committee. The Operations and Maintenance Manager added that he was extremely proud of Vincent Lorefice and happy to have him in his division He concluded by stating that Mr. Lorefice represented the future for the Town's fleet management. Lisa Hewlett, representing the Pima County Health Department, spoke before the Council regarding the West Nile Virus Surveillance program. She explained that two -birds found in Marana had tested positive for the disease and that it was a true threat to the community. Ms. Hewlett said that County staff had stepped up its investigative testing and surveillance. Council Member Honea commented that the two infected birds had been his canaries and that he had lost 30 of his 40 canaries over amonth-long wait for test results from the health department. He said he was very disappointed in the lack 4 _.,....~ ,..r-._. ._.. MINUTES OF REGULAR COUNCII. MEETING MARANA TOWN HALL AUGUST 17,,2004 <~ of courtesy and service from the County and related that the blatant disregard and inefficiency had devastated his aviary. Ms. Hewlett acknowledged the recent lack of communication with the test of the infected birds and apologized for the failure in the Pima County Health Departments system. She vowed that the problem had been corrected and stated that West Nile (WN) virus activity accounts were planned for community informational meetings. Mr. Reuwsaat commented that he had spoken to the health officials at Pima County and it was his understanding that anything within the Marana town limits would be reported to Town officials who would then take steps to inform the citizenry. He added that the County had assured him that the communication problems had been resolved. He said that the Town had its own very active mosquito abatement program and that the Maintenance & Operations crew was out in the community taking care of problems with standing water by applying larvacide to the areas. Ms. Hewlett stated that Pima County had received hundreds of mosquito complaints and would alert Town officials whenever these complaints were ~, within the Town boundaries. She distributed brochures and magnetized promotionals for the Fight the Bite! Program, an expansion of the Arizona Department of Health Services' (ADHS) statewide mosquito-borne encephalitis surveillance program. She said that the ADHS and other agencies expanded the program in 2000 to enhance the ability to detect the West Nile virus and a protocol to report and test dead birds through the existing surveillance system. She remarked that the Pima County Health Department had begun to collect and submit dead birds for West Nile virus testing at that time. She reported that within Pima County there were six positive mosquito pools, seven positive birds, and one horse. She said that there had not yet been a human case of WN found in Pima County. She said that 290 human cases of the virus had been verified statewide with the majority of the cases found in Maricopa County. She asked for everyone to be vigilant in watching for and eliminating standing water, to keep their screen doors and windows in good repair, and to use the mosquito larvacide. She said to avoid going outdoors between dusk and dawn and to wear long sleeves and pants as well as use DEET-contained insect repellent if you had to be outside during that time. Mr. DeGrood spoke before the Council and introduced Keith Braun, Subdivision Engineer. He said that Mr. Braun was a registered civil engineer and came from the St. Louis, Missouri area. Everyone welcomed Mr. Brandt. 5 1VIIlINU'TES UF}REGULAR COiTNC'II~ MEETING 11ZARANA TOWN HALL AUGUST 17,..2004 Mr. Brandt thanked the Council for their welcome and said that he was excited to be onboard with the Town. He remarked that he looked forward to helping streamline many of the processes used within the Public Works arena. Council Member Escobedo reminded the Council and public of Rosie Martinets total loss of her home by fire last year. He noted that Ms. Martinez had been a Marana Food Bank volunteer for nearly twenty years and was a beloved member of the community. He reported that Francisco Rodriguez, Marana Building Inspector, was very instrumental in assisting officials with acquiring a new home for the Martinez family. The Council Member thanked Mr. Rodriguez for his community spirit and noted that, even though the Martinez's new home was in unincorporated Rillito, the Town stepped up to the plate to help one of its community members. Mr. Rodriguez thanked the Council Member for the kind words and said that he was happy to volunteer his tune to worthy causes within his Town. He pointed out that he was a native Arizonan, growing up in South Tucson, and that he believed in giving back to the community. He said that his heart belonged to Marana. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2004-122: Relating to subdivisions; approving and accepting for maintenance portions of Arizona Pavilions Drive east of Cortaro Road and west of Burlingame infix the Town of Marana Street Maintenance System (DeGrood} 2. Resolution No. 2004-123: Relating to subdivisions; approving the release of Assurance Agreements for Continental Ranch Business Park, Trust No. 4741, for Lots 1-8 and Acceptance of Public Improvements for Maintenance (DeGrood) 3. Resolution No. 2004-124: Relating to subdivisions; approving the release ~, of Assurance Agreements for The Villages III at Dove Mountain, Trust No. 60,002 for Lots 235-373, Common Area A (Drainage) and Acceptance of Public Improvements for Maintenance (DeGrood) 6 MIl~TUTES`~OF:IiEGULAR COUNCII~ MEETING. MARANA TOWN HALI; ,_ AUGUST 17 2004`: 4. Resolution No. 2004-126: Relating to subdivisions; approving a Final Plat for The Preserve II at Dove Mountain (Kevin Kish) 5. Resolution No. 2004-127: Relating to water service; approving and authorizing the execution of the Intergovernmental Agreement between the Town of Marana and the University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona (Brad DeSpain) 6. Resolution No. 2004-128: Relating to water service; approving and authorizing the execution of the Agreement between the Town of Marana and U.S. Home Corporation for Construction of Water Facilities Under Private Contract for Continental Reserve Block 15 (Brad DeSpain) 7. Resolution No. 2004-129: Relating to the Marana Regional Airport; authorizing and appointing the Airport Director as the official representative of the Town of Marana to file all paperwork and execute all Federal and State Aviation Grants (Charlie Mangum) 8. Resolution No. 2004-130: Relating to the Marana Regional Airport; accepting Grant Agreement E5S09 between the ADOT-Aeronautics Division and the Town of Marana to update the Airport Master Plan (Charlie Mangum) 9. Resolution No. 2004-131: Relating to the Marana Regional Airport; accepting Grant Agreement E5S10 between the ADOT-Aeronautics Division and the Town of Marana to expand the transit tiedown apron (Charlie Mangum) 10. Resolution No. 2004-133: Relating to Northwest Fire District; endorsing and authorizing annexation of any and all temtory located within the Town limits of Marana, Arizona, as they may be amended from time to time; and declaring an emergency (Frank Cassidy) Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Resolution No. 2004-118: Relating to real estate; approving and authorizing the execution of a communications site lease agreement with Nextel Communications for the non-exclusive use of the Marana Municipal Complex communication tower (Frank Cassidy) 1VIINUTES OF REGIILAR CUUNCII.IVIEETING MARANA TOWN HALL AUGUST 17,'.2004„ Mr. Cassidy presented this item before the Council and said that it authorized the Mayor to execute a lease agreement with Nextel Communications relating to the new tower that would replace the existing one located at Town Hall. He said that the new tower would be 85 foot tall and would have other entities collocated on the pole. He credited Tony Casella, who was in attendance and available to answer questions, with securing an excellent lease rate. Upon motion by Council Member McGorray, seconded by Council Member Blake, Resolution No. 2004-118 was unanimously. 2. Resolution No. 2004-125: Relating to real estate; authorizing the acquisition by negotiation or condemnation of right of-way for the extension of Marana Main Street north of Grier Road; and declaring an emergency (Frank Cassidy) Mr. Cassidy spoke regarding the proposed resolution. He said that it requested authorization to negotiate the acquisition of the Marana Main Street north of Grier Road. He said that the properly, known as the Hum- ° Gee property, had been in litigation for several years and the Town was seeking authorization to approach the property owners with a fair market value price of the right of-way but if an agreement was not reached then authorization to file a condemnation case would be sought so that possession of the property could be taken by the Town of Marana. He said that this would give the Town the opportunity to at least build a temporary roadway through the site in conjunction with the completion of the new municipal complex. Council Member Honea asked how the Town would determine who to purchase the property from if the litigation was still ongoing. Mr. Cassidy commented that this was a good question and remarked that if he was able to acquire all of the involved parties' signature on an agreement and then having the monies placed in an escrow account then the Town could settle the matter without filing a condemnation case. He noted that, in view of the contentious and long litigation period, he doubted the parties would agree. g ~.,.m - _,. - .. .... ....a~...,~ ~,-, ,,,..~. ,__ _ . .. , -~. .. ~ ~NIINUTES OF REGULAR COUNCIL. MEETING . ': MARANA TOWN HALL °: . ~ AUGUST 17 2004 ,: The Town Attorney explained that it was typical for a municipality to file a condemnation case naming everyone making a claim to the property. He said that the property's monetary value was placed in the court system and gave the TOM possession of the property. He stated that the money was held until the court determined who the rightful property owner was. He said that this allowed the Town to actually build the road before the matter was resolved and that the determination of the property owner was made through the courts. Mayor Sutton suggested that the TOM needed to proceed with the eminent domain action and construct the needed roadway. He asked if this action would impact the property valuation Mr. Cassidy replied that the litigation should not impact the property valuation but that, in condemnation cases, there was always a vast difference in opinion on property values. He said that Marana's appraiser had indicated a fairly high value for the property in question and that both sides were indicating that there would not be much dispute over working with that monetary number. Council Member Honea asked if the property owner was the entity that planned to develop the property. He said that, if so then the Town would probably have them gift the roadway right of-way. He commented that the negotiation process was getting ahead of itself and possibly raising the actual price of the property due to the improvements by the construction of the roadway. He said that the value of the land would be increased. Mr. Reuwsaat said that this factor had been taken into account and would be brought into play when the development agreement was negotiated. Mr. Cassidy added that the Town would be taking the minimum amount of right-of-way necessary for the minimum amount of roadway and that the road would basically be a throwaway road. He noted that the ultimate road and the ultimate structural integrity of the road was going to be determined at the time of rezoning and that the developer would pay for the reconstruction. Upon motion by Council Member Honea, seconded by Council Member Comerford, Resolution No. 2004-125 was unanunously approved. 9 MINUTES OFI2EGIILAR ,COIINC'II., MEETING ~~_ _. F~ ' _ . , , _ 11~IARANA-,TOWN HALL . _ ~ ~ AUGUST 17 2004 3. Resolution No. 2004-134: Relating to land development; approving and authorizing the Mayor to execute a development agreement with Monterey Homes Construction, Inc., and Stewart Title and Trust, Trust 3240, relating to a 154-acre development located within the Rancho Marana Specific Plan area; and declaring an emergency (Frank Cassidy) Mr. Cassidy presented this item and noted that a revised agreement had been delivered to the Town Council prior to the meeting. He said that there had been issues with development policies that were resolved in the new version. He acknowledged that Mr. Racy, representing the developer, was in attendance to answer any questions the Council members might have. He explained that the project consisted of a seven block development with four blocks initially proposed to be residential with three of the blocks to be 6,000 sq. ft lot sizes and one with 4500 sq. ft due to its close proximity to the Town core. He remarked that there were various other elements about credits on future impact fees. He said that this property was at the heart of two major pieces of infrastructure and that this factor played a part in some of the provisions. Mr. Reuwsaat said that the project had been in negotiations for over 16 months and that it dealt with a piece of property the TOM was exacting approximately 40% of the total project for parks, transportation needs because of its location with the intersection of Clark Farms Drive and Tangerine Farms Loop Road. He stated that the developer was giving up much more than would be required with any other project because of the logistics of the development He said that there were two or three clauses within the development agreement that called for the Town to credit the developer back appropriate credits per State law if the appropriate impact fees were passed. Mayor Sutton asked if the credits had to be part of the development agreement Mr. Cassidy replied that the developer was entitled to receive a credit but the specific amount of the credit could often be a subject of long argument at the end of the process. He said that the development agreement had the parties agreeing up front on the percentage of credit Upon motion by Council Member Escobedo, seconded by Council Member ~-°~ McGorray, Resolution No. 2004-134 was unanimously approved. io .... _ ,; .~_ .. „,..; .,,..,~.. ;~.„.. _ ,,.,..,,w-..-.,v.,>,~..-~. -.r:..-.~_.,..~,m.....r*....a,. ter..-..~...,.,a-~ rM.... _.- ,• . MINUTES OF~ REGULAR COUNCII. MEETING r . MARANA: TOWN HALL ,_~ ... ,, .,. - _, . - -., _, AUGUST 17, 2004 4. Executive Session pursuant to A.R.S. § 38-431 (A)(4) to consider the Town's position and instruct the Town Attorney regarding the condemnation case Town of Marana v. Continental Ranch Community Association, Fima County Superior Court Case No. 020035689 (Frank Cassidy) Mr. Cassidy said that this item was put on the agenda in the case that there might be a need for an executive session. He said that the opposing counsel and he had reached an agreement subject to the Council's approval. He noted that he asked for the executive session in case someone had questions. It was determined that there was no need for an executive session. 5. Authorization to settle the condemnation case, Town of Marana v. Continental Ranch Community Association, Pima County Superior Court Case No. 020035689 (Frank Cassidy) Upon motion by Council Member Comerford, seconded by Council Member Blake, authorization for the Town Attorney to accept the Continental Ranch Community Association's offer to settle the condemnation case entitled Town of Marana v. Continental Ranch Community Association for $81,900 was unanimously given. C. MAYOR AND COUNCIL'S REPORT Mayor Sutton offered his condolences to Council Member Honea on the loss of the Council Member's 30 canaries. He reported that he had been out of state because of family illness and that he appreciated the thoughts and prayers of everyone during the trying time. He said that the Regional Transportation Authority (RTA) updates would begin soon and that this was an important opportunity for the Town to show its leadership abilities. Council Member Honea congratulated Michael and Michael Racy on the recent birth of a son, John Michael Racy. He urged everyone to visit Heritage Park and the nearly completed Heritage House which would soon be occupied by the Marana Arts Council. He said that the Town could be very proud of this project and noted that a tentative opening date was September 9'h. Council Member Escobedo thanked Town staff for the assistance throughout ~~`" the community following the severe storm on August 13~. 11 ..-, ... _ -_.,,.._-~.a~ m .....-..nw..,.... u ......~~...~ , ,..,_ . _.. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL AUGUST 17,2004 Mayor Sutton remarked that a letter of appreciation from the Council was being prepared and would be delivered to the entire Town staff. D. MANAGERS' REPORT Mr. Reuwsaat reported that Pima County officials had acted on the Continental Ranch Library Intergovernmental Agreement (IGA) on Monday and had also passed the Cortaro Road IGA for the bonds associated with the Cortaro Road/I-10 widening. He said Pima County Board of Supervisor's Chair Sharon Bronson took the lead and was a partner with Marana on this effort He reminded everyone that September 7~ was the primary election and that the regularly scheduled Council meeting would be held on Wednesday, September 8~. Council Member Escobedo urged everyone to vote. Mr. Cassidy reported that, as expected, he had received an appeal on the Camino de Oeste annexation case. 'N ,. Ms. Bronson reported receiving a number of calls from residents regarding early mail ballot requests. She informed the Council that the Town Clerk's office had these ballot request forms available for the public and that her office would make sure that the forms were delivered to the Pima County Recorder. X. FUTURE AGENDA ITEMS There were no items suggested for future agendas. XI. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, unanunous approval to adjourn was given. The time was 7:55 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 17, 2004. I further certify that a quorum was present J elyn Br ~ son, Town Clerk ~' 12 ``e`~~oFOt-®o~o~i `~~~~~~1ul~Igy',i '~i w /-~$' CORPORATE ~ ~ ~~ _ °' =SEAL MA_RANA TOWN COUNCIL MEETING Public Attendees DATE: Name. Address MAIL4NA TOWN COUNCIL MEETING Public Attendees Address ~_~ ~qzB