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Home My WebLink About10/07/2008 Regular Council Meeting Minutes~~~~ ~~~~ 4'~. •~w ~r rae<: a REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 7, 2008, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR MEETING CALL TO ORDER AND ROLL CALL Present: Mayor Ed Honea, Vice Mayor Herb Kai, Council Member Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler Staff Present: Town Manager Gilbert Davidson, Assistant Town Manager Deb Thalasitis, Town Attorney Frank Cassidy, Town Clerk Jocelyn Bronson PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Mayor Honea led the pledge of allegiance and moment of silence. APPROVAL OF AGENDA Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Carol McGorray. Passed 7-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post, Ziegler. CALL TO THE PUBLIC David Morales addressed Council regarding the current market and asked them to make corrective actions during these uncertain times. Council Member Ziegler assured Mr. Morales that this Council has challenged department heads to make cuts where necessary. PRESENTATIONS P 1: Presentation: Relating to Air Quality. Don Gabrielson, Director of Pinal County's Air Quality Program made a presentation on air quality in Pinal County. He stated that there is an air quality summit scheduled for November 7, 2008. Mr. Gabrielson invited Town Council to attend the Air Quality Summit scheduled for November. Pinal County's PowerPoint presentation is on file in the Town Clerk's office. ANNOUNCEMENTS/UPDATES PROCLAMATIONS Presentation: Relating to Parks & Recreation Department, Senior Program dedicating Monday, October 20, 2008 "Marana Senior Center Day." Jocelyn Bronson read the proclamation and Mayor Honea presented it to the Marilyn Payton of the Marana Senior Center. Ms. Payton expressed her gratitude on behalf of senior citizens and invited Town Council to attend the open house on Senior Center Day. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford commended Ms. Payton for her great work at the Senior Center. She. also stated that Marana High School is bringing back the FFA barbeque this Friday before the homecoming football game. She stated that tickets are only $7 and the proceeds benefit the FFA of the Marana High School. Mayor Honea stated that several attended the international State of the State, the Governor's Conference, Sahuarita's State of the Town Address, and the TREO event. He further stated that he, Gilbert Davidson, and Kevin Kish went to Denver earlier in the week to look at downtown revitalization efforts made by downtown Denver. Mayor Honea stated that trip was a great help in Marana's future downtown planning efforts. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson stated that the Town has an online Citizen Request Tracker (CRT) system that citizens can use to submit their concerns or suggestions to Town staff. He stated that the strategic plan process on tonight's agenda is also an important item for the Town so that the community can define the areas that it needs to improve on. He invited members of the community in HOA's to invite management and Council to their meetings to listen to concerns and ideas. Jon Post left the dais at 7:31 pm STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Carol McGorray. Passed 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Ziegler. Council Members Absent: Post. C 1: Relating to Parks and Recreation Advisory Commission; implementation of a Healthy Vending Machine Policy. C 2: Resolution No. 2008-124: Relating to Development; approving and authorizing a final plat for Tangerine Crossing Block 3 Lots 1-36 and Common Areas "A", "B", & "C-1 " thru "C-7". C 3: Resolution No. 2008-125: Relating to Community Development: approving and authorizing full execution of an intergovernmental agreement with Pima County for the management and implementation of the 2008-2009 Community Development Block Grant program. C 4: Resolution No. 2008-126: Relating to Development; Approving a Release of Assurances for Rancho Marana 154 Block 1 and acceptance of public improvements for maintenance. C 5: Minutes of the June 17, July 1, July 15, and August 5, 2008 regular council meetings and the July 23, August 5, August 12, and August 26, 2008 special council meetings. COUNCIL ACTION A 1: Relating to Utilities; Public hearing on proposed adoption of wastewater development impact fees Vice Mayor Herb Kai declared a conflict of interest and left the dais. Barbara Johnson introduced Dan Jackson of economists.com who gave an overview of the wastewater utility impact fee study. Mr. Jackson showed a PowerPoint presentation which gave the major points of the impact fees. The presentation is on file in the Town Clerk's office. Council Member Clanagan asked which type of facility would use a 1"meter. Mr. Jackson stated that it would typically be a commercial business such as a restaurant or a larger warehouse type business, and that residential units would not typically see a 1"meter size. Council Member Ziegler asked if fees could be re-reviewed at a later date. Mr. Jackson stated that most cities and towns will re-visit fees every few years. David Godlewski, SAHBA liaison, 255 E. Morning Sun Court, addressed Council and thanked staff for their work on this issue. He expressed concern regarding a new code change that will apply to all homes which will require 1 " sprinkler systems. He asked staff to work with SAHBA to address this issue. Brad DeSpain stated that an ordinance exists for 1" sprinklers and that the information would be given to SAHBA. Don Willhoit, 5515 W. Beetle Drive, turned in a speaker card but rescinded his card when called to speak. Motion: to bring item back on November 18 agenda, Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. Passed 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, McGorray, Post, Ziegler. Council Members voting Abstain: Kai. A 2: Relating to Annexation; Public Hearing to discuss and consider an application by QuikTrip Corporation to annex approximately two acres located on the south side of Cortaro Farms and east of Cerius Stravenue into the Town of Marana. Kevin Kish addressed Council regarding the application for QuikTrip annexation. He stated that the applicant attended meetings with the neighboring areas and that a blank petition was filed with the Pima County Recorder on September 16, 2008. Council Member McGorray asked if the applicant received any response from neighbors during the October meeting. Mr. Kish stated that there was a staff member at that meeting and that the responses were positive and that the applicant could expand on this matter. Jon Post returned to the dais at 7:53 pm. Mayor Honea asked if there was any verification that all the contiguous neighbors were notified about the meeting. Mr. Kish stated that the applicants provided staff with a list of properties, and notices were delivered to the property owners or those properties based on the Assessor's information. Mr. Kish further stated that this is similar to the Town's standard notification process. John Caldwell, 5355 W. Cortaro Farms Road, owner of the lot opposite of the proposed location of QuikTrip, addressed Council and stated that he was present at the meeting with the applicant and that he is in favor of the proposed annexation. Mr. Caldwell also asked for Council to give consideration to allow those lots on the frontage road that are affected by the noise to be annexed into the Town of Marana. Bret Summers, 5448 W. Red Racer Drive, spoke in favor of the QuikTrip annexation. He stated that he drives that road every day and that annexation of this property will allow the Town to collect more revenue-based sales tax. He also stated that his knowledge of QuikTrip corporate values is that they do give back to the community the are located in. Fred and Sharon Glandon, 5451 W. Cortaro Farms Road, turned in speaker cards in favor of the annexation, but did not speak at the meeting. Mike Marx of MJM Consulting, representing QuikTrip, addressed Council and stated that they received no opposition to the proposed annexation during their meetings with neighboring community members. Jim Billman, 10698 N. Sand Canyon, Oro Valley, stated that he is confident that owners have been notified as he just received forwarding address information from one of the lots in the area. He stated that he will also be sending certified mail to notify the homeowners in the area of the proposed annexation. NO ACTION WAS TAKEN ON THIS ITEM A 3: Resolution No. 2008-127: Relating to Mayor and Council; authorizing the Town Manager to negotiate and execute a professional services agreement not to exceed $25,000 with for consulting services for the Town of Marana strategic planning process. Motion made to authorize the Town Manager to negotiate and execute a professional services agreement with Partners for Strategic Action (PSA). Motion: Approve ,Moved by Council Member Russell Clanagan, Seconded by Council Member Roxanne Ziegler. Passed 7-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post, Ziegler. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(4) and (7) to consider the town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Camino de Mariana & Dove Mountain Extension project, CIP number 2001-052, from the parcels of property generally identified as Pima County Assessor's parcel numbers 216-03-OOSM and005N; and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights, and relating to acquisition issues arising out of the rezoning of property along the roadway corridor addressed by Marana Ordinance Nos. 2002.18 and 2002.25. Motion: to go into executive session , Moved by Council Member Herb Kai, Seconded by Council Member Patti Comerford. Passed 7-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post, Ziegler. Jon Post left the dais at 8:08 P.M. Motion: to proceed as discussed in executive session, a settlement of $143,800 plus closing costs for the acquisition of parcel numbers 216-03-OOSM and OOSN. Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. Passed 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Ziegler. Council Members Absent: Post. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) Request to direct staff to look into the planning of a strategic planning workshop scheduled for the weekend of November 14 and to secure a location, with costs not to exceed $12,000. Council Member Ziegler made a comment that the retreat should not be off-site due to the large cost involved. Council Member Comerford stated that the subcommittee going over this matter has researched this greatly. Russell Clanagan stated that October 14, 2008 agenda item regarding the Planning and Zoning Commission is missing the applicant information and that there is no executive session for this item listed. Ms. Bronson stated that the application information for the applicants will be provided under separate cover and that the agenda would be amended to add an executive session item. ADJOURNMENT Motion: to adjourn, Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. Passed 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Ziegler. Council Members Absent: Post. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 7, 2008. I further certify that a quorum was present. ````~0~13,~j~®'I ~,~-~~~~mrrgy~ ~j ocelyn C. ronson, Town Clerk tiff`' ~oR~ rF~'= s SEAL s :, ''~~~Iia 161 ~```~