HomeMy WebLinkAbout12/02/2008 Regular Council Meeting Minutes~~~~~
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REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, December 2, 2008, at or after 7:00 PM
Ed Honea, Mayor -excused
Herb Kai, Vice Mayor -present
Russell Clanagan, Council Member -excused
Patti Comerford, Council Member -present
Carol McGorray, Council Member -present
Jon Post, Council Member -present
Roxanne Ziegler, Council Member -present
REGULAR MEETING
CALL TO ORDER AND ROLL CALL. By Vice Mayor Kai.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by
Vice Mayor Kai.
APPROVAL OF AGENDA. Motion by Council Member McGorray, second by
Council Member Posh Approved unanimously.
CALL TO THE PUBLIC.
Dan Post spoke on behalf of the Marana Western Heritage Committee. They had over
10,000 competitors last year. Because of the Town's support, they were able to offer the
arenas to many groups who bring revenue to the Town. He then recounted many of the
events they are able to hold at the arenas in addition to rodeo events. They were
recognized by the Grand Canyon Rodeo Association as the number one and number two
rodeos that they like to attend throughout the area because of the hospitality and
conditions of the arenas. He reiterated his thanks for the Town's support and expressed
his desire that the Town feels it is of benefit to continue providing support. Council
Member Comerford expressed her thanks to Mr. Post and those on the committee.
Council Member Ziegler expressed her desire to have these events at the arena added to
the strategic plan.
Larry Lattomuf and Joe Chitty with the Paralyzed American Veterans presented their
chapter's plaque to the Town for its contribution to their organization. They also thanked
T. Van Hook for her work on the organization's behalf. Larry then read the plaque's
message to the Council and the public. Council Member McGorray thanked them for
their support of disabled athletes.
David Morales addressed Council regarding financial constraints of the state which he
eluded to several meetings earlier. Over 500 miners across the state were laid off. He
also referred to a document from August 7, 2007 which he presented at that time, noting
that he believes it is the Council's responsibility to prepare for these events. He then read
an article he wrote about the art of making good policy. Strong character and strong
personalities will prevent groupthink in President-elect Obama's opinion, one that David
believes in as well.
PRESENTATIONS
P 1: Presentation: Relating to Alternative Expenditure Limitation (Home Rule)
Erik Montague gave a presentation on the Home Rule Option/Alternative Expenditure
Limitation which will be on the general election ballot in May 2009. He gave some
history of how the Home Rule Option was intended to help offset a tax burden dating
back to the late 1970s. Without the Home Rule Option, the town will be bound by the
state's base tax limit. He gave an example of how the population factor and inflation
factor are added to the base limit to give a projected state-imposed limitation. A state
limitation under this circumstance could prevent the town from spending its revenues.
He then noted that passage of the Home Rule Option by the voters of Marana has
occurred every four years since 1985. He then went on to outline the rules for adoption,
including the schedule for public hearings, completion of a publicity pamphlet and then
the general election vote on May 19, 2009. After the second public hearing, the Council
may consider a resolution bringing the Home Rule Option forward to the voters. The
first public hearing will be December 16, 2008.
ANNOUNCEMENTS/UPDATES
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
No reports.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Gilbert Davidson
introduced Steve Huffinan as the new Intergovernmental Affairs Manager. He then
highlighted two items from the Executive Report -the Thornydale Road construction
project and the Silverbell Road project - on time and under budget.
Deb Thalasitis announced the holiday lighting ceremony at the municipal complex on
Saturday, December 6 starting at 3:00 p.m., with the tree lighting at 7:00 p.m.
STAFF REPORTS
GENERAL ORDER OF BUSINESS
CONSENT AGENDA. Motion by Council Member McGorray, second by Council
Member Posh Passed unanimously.
C 1: Resolution No. 2008-157: Relating to the Police Department; Approving and
authorizing the Mayor to execute two Subgrantee Agreements with the Arizona
Department of Homeland Security for purposes of receiving funds under the 2008
Operation Stonegarden Grant Program
C 2: Resolution No. 2008-158: Relating to the Police Department; approving and
authorizing the Chief of Police to execute a task force agreement between the Marana
Police Department and the United States Department of Justice, Drug Enforcement
Administration
C 3: Resolution No. 2008-159: Relating to Community Development; approving and
authorizing amendments to Intergovernmental Agreements (IGA) with Pima County to
extend Community Development Block Grant Program funding until December 31, 2009
to complete implementation of the 2006-2007 and 2007-2008 Community Block Grant
Program
C 4: Resolution No. 2008-160: Relating to Community Development; granting $5,000
in Discretionary Funding to the Pima Council on Aging, an Arizona 501(c)(3) non-profit
organization to support the Mature Worker Connection activities for Marana senior
citizens
C 5: Resolution No. 2008-161: Relating to Liquor Licenses; approval and
recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor
license submitted by Aric Kaiser Mussman on behalf of Vero Amore, located at 12130 N.
Dove Mountain Blvd., Suite 104
C 6: Resolution No. 2008-162: Relating to Liquor Licenses; approval and
recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license
submitted by Michael George Wystrach on behalf of Steak Out Restaurant & Saloon,
3620 W. Tangerine Road
C 7: Minutes of the November 18, 2008 regular council meeting
COUNCIL ACTION
A 1: Resolution No. 2008-163: Relating to Intergovernmental Relations; authorizing
and directing those authorized to lobby on behalf of the Town of Marana to represent and
pursue the Town of Marana 2009 Arizona State Legislative Agenda Issues.
This item was presented by Steve Huffman, who highlighted some of the critical issues
before the Legislature. The Legislature will be challenged to return a balanced budget
this year. They may go into session as early as next Monday, cutting between $300-400
million before the new Legislature is sworn in. The state has a $10 billion budget- about
$6 billion is off the table with mandated programs. Much discretionary funding could be
cut from the budget. The most important issue is that in order to balance the budget is to
not hurt the town -protect state revenue sharing (almost 19 % of the general fund) to
continue the level of services that are expected. The Town will be working with the
League to make sure that we're moving forward on a host of issues such as regional
issues to preserve transportation funding and protect water rights. Motion by Council
Member McGorray, second by Council Member Posh Passed unanimously.
A 2: Resolution No. 2008-164: Relating to Development; Adopting and authorizing the
Mayor to execute a First Amendment to the Foothills Development Agreement with
Tapestry Properties III, L.L.C., regarding the Foothills (Tapestry) Development Project .
Frank Cassidy presented this item discussing key features of the overall plan for the
development. This amends a 2006 agreement before Proposition 207 went into place.
This first amendment splits the commercial and resort area and puts it back where it was
in the original agreement. The purpose being that this will pull back the commercial area
from the estate lots in Dove Mountain. It also provides for the town to participate
through condemnation authority to create an entry road in Saguaro Ranch before the
tunnel heading to the northwest. The developer will build an entry road to serve the new
resort area. Because the alignment will go through the Tom Barr/Forest Metz property,
the town may have to use its condemnation authority as it crosses that property. This
agreement allows the developer to move the access road around giving access through the
entry road, although it's not required, to other property owners in the surrounding area. It
eliminates one of the major hurdles to abandoning Thornydale Road. The agreement
establishes what the trigger is for completing the Cayton Ranch Road across to
Thornydale. Mr. Cassidy noted a correction in paragraph 3.9 of the agreement for
completing the building of Cayton Ranch Road. Motion by Council Member
Comerford, second by Council Member Posh Passed unanimously.
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), discussion or consultation
with the Town's attorneys to consider its position and instruct its attorneys regarding a
November 14, 2008 claim filed by Cortaro-Marana Irrigation District and Cortaro Water
Users' Association.
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)
Council Member Ziegler raised the topic of ground lease agreements for cell towers
which was raised a couple of meetings ago regarding the town paying for a SCADA on a
cell tower. She would like to introduce changing the lease agreement so that the town
doesn't provide a credit. The town should be able to place a SCADA on a cell tower
without cost to the town. Mr. Cassidy responded. Mr. Davidson responded that staff can
craft a policy to be brought back for Council consideration.
ADJOURNMENT. Motion by Council Member Comerford, 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 December 2, 2008. I further certify that a quorum was present.
ocelyn C ronson, Town Clerk