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HomeMy WebLinkAbout12/02/2008 Regular Council Meeting Minutes~~~~~ ~~ Yf:~iv P~ w~awt 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