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HomeMy WebLinkAbout11/18/2008 Regular Council Meeting Minutes~ ~ ~~~~~ ~« „~«~. REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 18, 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 All present PLEDGE OF ALLEGIANCElINVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion by Council Member McGorray, second by Council Member Posz Unanimously approved CALL TO THE PUBLIC Pat Fleming, newly elected representative of District 25 introduced herself. She pledged to work with other representatives on behalf of Marana. Mayor Honea mentioned that Council Member Clanagan will be riding in the Tour de Tucson on behalf of Tu Nidito. Anyone wishing to support this worthy cause is welcome to contribute. PRESENTATIONS P 1: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 3 "Compensation," Chapter 4 "Employment Benefits" and Chapter 6 "Employee Development" Introduced by Deb Thalasitis and presented by Suzanne Machain. This is a first reading of personnel policy changes. Suzanne started with the history and noted that the changes being made are to the 1999 version. She started with Chapter 3 -Compensation, noting that the changes are being modified to reflect the Town Code changes made in August 2008. She continued with the Town's Total Pay Philosophy, Performance Management System, Payroll Procedures and Working Conditions, Working Conditions specifically regarding holiday and overtime pay, Adjustments related to demotion or lateral transfers, Reclassification, provisions for Call-Out, On-Call/Standby Assignments and Shift Differential, Vehicle Allowance/Take Home Vehicles, Relocation and Interview Expenses, and Conflict with Memorandum of Understanding. Chapter 4 changes related to Employment Benefits for Vacation Leave, Personal Leave, Holidays, Military Leave, Family and Medical Leave (FMLA), Administrative Leave and Leave Donation. Chapter 6 relates to Employee Development, specifically related to Education Assistance. Council Member Clanagan objected to the short term required for repayment of tuition and would like to discuss that further. As written, he could not support that policy. Council Member Ziegler also addressed the issue -she would like to see the Town fund 100% rather than 75% to show support for the employees. Mayor Honea asked for clarification on Policy 3-7 -Working Conditions. Regarding the second example of the presentation. This depicts 8 hours of straight time if you work on the holiday. Mayor Honea disagreed with that policy. He would prefer that the policy stay the way it is now - if someone works on the holiday they get the holiday pay but also time and a half for the 8 hours. Council Member Comerford indicated that this scenario would be double time. Suzanne agreed and clarified the Mayor's question. If you include the holiday as time worked for the calculation of hours, then the Mayor is correct. Our policy proposal is not to include the holiday for that purpose. Council welcomed Suzanne and thanked her for the work she is doing. Suzanne also thanked Erik Montague for his work on the policies. A copy of the PowerPoint presentation regarding this item is available for viewing in the Town Clerk's office. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan noted that at the Police CAC on November 12 -the Chief wants Council to look at two Ordinances on a fast track -abandoning children and animals in vehicles; Mayor Honea reported on the strategic planning session the past weekend. The Town won a special award from Common Ground for the FEMA project. He also reported on the Council's train ride with Union Pacific. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS A copy of the Council Executive Report is on file in the Town Clerk's office. Mr. Davidson introduced Michael Racy to highlight the upcoming legislative season. Mr. Racy previewed the regular session is scheduled to start on January 12, but it may start a week early. It is also possible that a session will begin before the regular session to discussion the budget deficit. The leadership in the Senate is viewed as very conservative, possibly the most in the state's history. Revenue sharing may be more at risk, although Senator Burns has indicated a softening on this issue. The question is whether the Governor will remain. Jan Brewer will become governor if that happens and the conservatives will control the governorship, House and Senate. He then addressed the current budget deficit - $1.2 billion -six times what the lowest scenario was. If the state is not able to make structural changes to close that deficit, the state will be facing over a $3 billion in the 2010 budget. Generally, the discretionary portion is $3.5 to $4 billion. There are very challenging fiscal times ahead for cities, towns and counties as well as for education. He went on to itemize some of the areas where there are funding gaps which will affect budgeting. The decline does not appear to be slowing for some time. Several aviation grants maybe in jeopardy, and there maybe no 2009-10 grant program. There are three separate lawsuits challenging fund sweeps. Maricopa County is the predominant leadership region. Mr. Davidson highlighted the severity of the Town's situation and reiterated that on December 8 there will be a special session of budget modifications. Ms. Thalasitis said that the Town has been recognized for the second year in a row for the Government Finance Officers Association Distinguished Budget Presentation Award. Erik Montague will be awarded for his outstanding work in the public sector. He also reported on the recent state elections. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA. Moved by Council Member Clanagan, second by Vice Mayor %ai. Unanimously approved. C 1: Resolution No. 2008-152: Relating to Development; approving and authorizing a final plat for Saguaro Ranch Phase I-B Lots 26 and 97-101 C 2: Resolution No. 2008-153: Relating to Economic Development; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County, the City of Tucson, the City of South Tucson, and the Town of Sahuarita relating to the creation of an enterprise zone, and declaring an emergency. C 3: Resolution No. 2008-154: Relating to Public Works and Development; authorizing an application to the U.S. Fish and Wildlife Service for a permit under Section 10 of the Endangered Species Act C 4: Resolution No. 2008-155: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Mark Harold Evenson on behalf of Chuy's Mesquite Broiler located at 4499 W. Ina Road C 5: Resolution No. 2008-156: Relating to the Police Department: authorizing full execution of a grant agreement with the Arizona Criminal Justice Commission for funding of Marana's participation on the Southern Arizona DUI Task Force C 6: Minutes of the November 5, 2008 regular council meeting COUNCIL ACTION A 1: Resolution No. 2008-140: Relating to Development; approving and authorizing a conditional use permit to allow the development of a new wireless communication facility at 5541 W. Linda Vista Boulevard Lisa Shafer presented, noting that this item was a continuance from October 21. The applicant has agreed to limit the height of the pole to 55 feet and the palm fronds would extend slightly beyond -the live palms would be at 40 feet. Adam Pearce, representing the Hartman Vistas HOA, addressed Council. He noted that the HOA met with Mr. Olson with the first plan, but the board will meet on Thursday, and requested that they be able to meet with Mr. Olson again before the Town makes a decision. If the measure is considered tonight, they are requesting a 50 foot height and help from the Town for additional plantings to conceal more of the area. Council Member Comerford asked if the water tower was located before build-out. Brad DeSpain noted that the first tank was there prior to the development of Hartman Vistas and the second tank was built as well as the wall and the S.C.A.D.A. tower. Mr. Pearce further asked Mr. Olson and Crown if they would do more plants, and that request was denied, so he is asking the Town to help in that regard. The HOA would also like irrigation infrastructure. They would also like to see no more than two satellites on the tower. He noted that in his neighborhood declines of 22% -they are in a high stress area. He again reiterated a request for a continuance. Council Member Clanagan indicated that the packet information shows 500 feet of open space from the nearest residence. Mr. Pearce was not able to respond to that distance. Motion by Council Member Ziegler, second by Council Member Posh Passed unanimously. A 2: Resolution No. 2008-141: Relating to Real Estate; approving and authorizing the Mayor to execute an Option and Ground Lease Agreement with Crown Communication, Inc., for the lease of a cellular telephone tower on land owned by the Town of Marana at the Hartman Hills water reservoir site Presented by Frank Cassidy who noted that this goes with the prior item. This will be a similar least as the Town currently has with Nextel for the site located near the old town hall. The scada issue is not addressed in the lease. If that is added, that will be the subject of future negotiated terms. Council Member Post made a motion, seconded by Council Member McGorray. Council Member Ziegler asked for clarification of the issue of a lease credit Passed unanimously. A 3: Ordinance No. 2008.23: Relating to Development; approving a rezoning of approximately 0.36 acres of land owned by David Torrez and located at 8380 North Silverbell Road Lisa Shafer presented this item. The parcel is currently non-compliant because of the small lot size. They are requesting the same rezoning as the veterinary clinic located to the south of the property. She also showed a proposal of the ingress and egress of the site. This is Commercial C, compliant with the General Plan. It is in substantial conformance with the Land Development Code. Upon motion of Carol McGorray, second by Council Member Clanagan, the motion passed 6-1 with Council Member Comerford voting nay. It was also noted that it was advertised as a public hearing even though it was not noted on the agenda. Mayor Hones called for a public hearing. There were no speakers. The motion stands. A 4: Ordinance No. 2008.24: Relating to Development; approving and authorizing a rezoning for the Marana Main Street Specific Plan It was noted that this item was also noticed as a public hearing. Mayor Hones declared the hearing open. Kevin Kish presented the item. He showed the concept plan that the owners provided to staff.. He further noted the conditions required of the developer. Council Member Comerford asked Mr. Kish to draw the Main Street alignment on a map of the Town Center Planning Area. Mr. Kish clarified that there would be a link to Grier, Sandario to the existing road. There were no speakers. Upon motion of Vice Mayor %ai, seconded by Council Member McGorray, the motion passed unanimous. A 5: Ordinance No. 2008.25: Relating to Utilities; adopting wastewater system development impact fees and providing for an effective date Vice Mayor Kai declared a conflict and left the dais. Frank Cassidy presented this item. Council Member Clanagan moved, seconded by Council Member Post, to adopt the ordinance. Passed unanimously. A 6: Ordinance No. 2008.26: Relating to Development; approving and authorizing a rezoning for Marana Mercantile Kevin Kish asked for a continuance to the December 16, 2008 meeting upon the request of the applicant. This is also a public hearing and was noticed. There were no speakers. Council Member McGorray made a motion to continue the item to December 16, 2008, seconded by Council Member Clanagan. Passed unanimously. The public hearing will again occur on December 16. 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. 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) On December 1, 2008, there will be a strategic planning session to finish the work to prioritize the initiatives of the five focus areas. This will take place in the Board Room for approximately four hours. Council Member Clanagan asked that the Town Manager make sure that the voice messaging system alerts the public that the town hall will be closed the day after Thanksgiving. ADJOURNMENT Motion by Council Member Clanagan, second by Council Member Posz Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 18, 2008. I further certify that a quorum was present. ocelyn C ronson, Town Clerk ~ tOf~ooaPOr~rF~~~~,,, o .~. 000 ~ r ,Z -SEAL3+