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Home My WebLink About02/03/2009 Regular Council Meeting Minutesi~ M r~ 71~~.f ~f Iil~1u/!J1 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 3, 2009, 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 A digital recording of this meeting is available from the Town Clerk's Office. REGULAR MEETING CALL TO ORDER AND ROLL CALL All Council Members were present PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA Motion by Council Member Clanagan to move A 4, S, and 6 before A 2 and 3. Seconded by Council Member Posz Passed unanimously. CALL TO THE PUBLIC David Morales spoke about leadership and the economic uncertainty of the times. He specified four policy areas where the town could save money. PRESENTATIONS P 1: Presentation: Relating to the Town's financial statements for fiscal year ended June 30, 2008. Presentation by Erik Montague with the details and results of the analysis highlighting major funds, starting with general fund results. The presentation is made part of the official record. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported on Media Day at the Ritz-Carlton that he and Mr. Davidson attended in preparation for the PGA Accenture Match Play. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported that the Council Executive Report, a compilation of projects and their status has been submitted for the record. Ms. Thalasitis reported on the Itty Bitty Open golf for youth sponsored by the Parks & Recreation department on February 7. GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion by Council Member Clanagan, second by Council Member McGorray. Mr. Cassidy gave a brief explanation of the reason for a roll call for required by the emergency clause in some of the items. Roll Call vote due to the emergency clauses contained in the consent agenda. All Council Members voting "aye." Unanimously approved C 1: Resolution No. 2009-10: Relating to the budget and financial plan; approval of fiscal year 2008-2009 budget reallocations; and declaring an emergency C 2: Resolution No. 2009-11: Relating to Personnel; approving and authorizing an amendment to the classified salary schedule for FY 2008-2009 adopted by the Town Council on August 12, 2008; and declaring an emergency C 3: Resolution No. 2009-12: Relating to Development; approving and authorizing a final plat for Old West Industrial Village C 4: Resolution No. 2009-13: Relating to Community Development; granting $24,000 in Discretionary Funding to the Marana Western Heritage Committee, Inc. an Arizona 501(c)(3) non-profit organization to support youth activities at the Marana Heritage Arena C 5: Minutes of the January 20, 2009 regular council meeting and the January 20, 2009 special council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2008.26: Relating to Development; approving and authorizing a rezoning for Marana Mercantile. Presented by Mr. Kish who requested a continuance on behalf of the applicant to Apri17, 2009 meeting The Mayor opened the Public Hearing. There were no speakers, and the hearing was closed. Motion of Council Member Ziegler, second by Dice Mayor Kai. Unanimously approved. Items A 2 and A3 were taken together for the purpose of receiving public comment. Each speaker was given three minutes to address the Council on the issue(s). Frank Cassidy and Tom Ellis presented this item to Council. Thirty-three members of the public addressed Council regarding their positions on these items, ranging from opposition to or support for the proposed abandonment of the easement and/or right-of- way (e.g. keeping public access). Among the concerns raised by the public are whether Council is the proper body to decide whether the road and easement in question is public or private. Mr. Cassidy addressed Council stating that it was his opinion that the easement was public, which is why he recommended bringing this before Council for their consideration. Mr. Cassidy reported to the Council that the minute entry from Judge Davis, who has heard the dispute between Saguaro Ranch and the neighbors, indicated that disposition of a public easement is subject to legislative action (e.g. the Town Council's action). It was noted by several Council Members that the Saguaro Ranch development had been the subject of discussions for six years and that it was time for both sides to come to an agreement. After the speakers were heard, a motion was made for each item to be continued so that staff could have an opportunity to review the comments from the public and do additional research. A 2: PUBLIC HEARING: Resolution No. 2009-14: Relating to Real Estate; vacating and abandoning any rights granted to the public by the easement recorded in Docket 11280, Page 262, Pima County Recorder's office, including any previously-recorded versions and as it may have been amended, located within the town limits of the Town of Marana; and declaring an emergency Motion by Council Member McGorray, second by Council Member Post to direct staff to research the comments and report any findings to the Town Council at a future meeting. Unanimously approved A 3: PUBLIC HEARING: Resolution No. 2009-15: Relating to Real Estate; Vacating that portion of Thornydale Road right-of--way located north of the Saguaro Ranch roundabout within the town limits of Marana; conditionally authorizing the Town Engineer to execute deeds of abandonment; and declaring an emergency Motion by Council Member Comerford, second by Vice Mayor %ai to direct staff to research the comments and report any findings to the Town Council at a future meeting. Unanimously approved A 4: Ordinance No. 2009.01: Relating to Offenses; amending Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age often unattended in a motor vehicle; adding Chapter 11-8; renumbering existing Chapters 11-8 and 11-9; and designating an effective date. Presented by Jane Fairall, noting one change in the ordinance that was discussed previously during apresentation - an effective date of March 5 rather than March 3, 2009 Motion by Council Member McGorray, second by Council Member Posh Unanimously approved Kati Carbonneau addressed Council after the vote was taken, expressing her opposition to various parts of the ordinance. The Mayor inadvertently included her speaker card with those for items A2 and A3, and did not call her name before the item was taken up for consideration. A 5: Resolution No. 2009-16: Relating to Strategic Planning; approving and authorizing the Town Manager to implement the Town of Marana Strategic Plan; and declaring an emergency Presented by Mr. Davidson. Motion by Council Member Clanagan, second by Council Member Ziegler. Roll Call vote: all members voting `aye.' Unanimously approved A 6: Resolution No. 2009-17: Relating to Utilities; revising Resolution No. 2009-08 by rescheduling the water rates public hearing for February 24, 2009 at 7:00 p.m. Mr. Cassidy presented this item noting that this item moves the public hearing to a regular meeting time and date and recommends Council authorizing. The rates would still be effective before April if the Council proceeds on the new date Motion by Council Member Ziegler, second by Council Member McGorray. Unanimously approved BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature 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 ADJOURNMENT Motion by Council Member Post, second by Council Member McGorray. Unanimously approved CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on February 3, 2009. I further certify that a quorum w esent. ~~®~~~~ ~Lg~~r1 ~ `t`®®11H6ityd~"I elyn C. nson, Town Clerk ~,~'~ cQR~osarF ~,- °°° s ps ~ v° ~~ ,~®'~ereea-1®~®®''~ ~~