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HomeMy WebLinkAbout02/17/2009 Regular Council Meeting Minutes~! ..~~~ ~~~ «„~ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 17, 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 REGULAR MEETING CALL TO ORDER AND ROLL CALL All present PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA Upon motion of Council Member Clanagan, second by Council Member McGorray, unanimously approved as recommended by Mr. Clanagan to move A3 to the next agenda, move A4 to the first slot of the Action agenda. Council Member Ziegler asked for clarification as to why the change regarding item A3. Mr. Davidson noted that the railroad couldn't have all their staff at this meeting. Council Member Ziegler asked that in the future Council be notified of changes to the agenda prior to coming to the dais. CALL TO THE PUBLIC Ed Stolmaker invited Council to the Chamber's Day at the Legislature on February 24 beginning at 8:00 a.m. meeting with members of the delegation. Steve Huffman will be coordinating this visit for the town. David Morales announced that he had been monitoring the Council regarding public hearings; the Council doesn't appear to pay attention -they appear to have made up their minds prior to voting. He asked what skills Council Members bring to the dais. He again spoke of leadership skills that are inarguable - a true leader with two ears will listen twice as much as he talks. He then discussed enterprising of the water department. The timing is off. The Council couldn't have picked a worse time to decentralize the water department from the town. Why the 8% increase? He then made a reference to Vince Lombardi and winning being everything. He asked for lesser increases. He asked for belt tightening of the water department. He has an evaporative cooler and most of old Marana has evaporative coolers. He referred to UA statistics he had gotten regarding evaporative water coolers which use 6,000 gallons of water per month to cool houses. So between May and September old Marana will use 6,000 gallons of water to cool their houses. We are in La Nina not El Nino. That's atmospheric - we have no control over that. Nino is wet and La Nina is dry. We're in for a dry monsoon this summer. Please think about these four items over the next week. Mr. Clanagan noted that in relation to points two, three and four, a tremendous amount of homework has been done before making decisions. He would welcome Mr. Morales talking to him and Mr. Davidson. The CCRs in Continental Ranch Continental Reserve, Heritage Highlands and Gladden Farms and others restrict the use of swamp coolers and the Council has no ability to encourage those developments to change. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan spoke regarding the bids on the Twin Peaks Interchange and hoped that the bids for Camino de Mariana would follow the same pattern (of being below the engineer's estimates) for a hard bid price; Council Member Ziegler reported that the utilities citizen advisory commission recommended the 8 percent increase in the water rates and noted that if the increase doesn't happen now, it will only be more later. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported on positive news from last week, including the opening of the bids for the Twin Peaks interchange, and he hopes to have dirt turning in the next 45 days. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Upon motion of Council Member McGorray, second by Council Member Clanagan, unanimously approved C 1: Resolution No. 2009-18: Relating to Development; approving a release of assurances for San Lucas Spine Roads and acceptance of public improvements for maintenance C 2: Resolution No. 2009-19: Relating to Real Estate; authorizing the Airport Director to execute an electrical right-of--way easement in favor of Trico Electric Cooperative, Inc. over Marana Regional Airport property C 3: Resolution No. 2009-20: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a location transfer of a No. 9 (Liquor Store) liquor license submitted by Kim Kenneth Kwiatkowski on behalf of Circle K Stores, Inc. #3394, 3880 W. Tangerine Road, Marana, AZ 85658 C 4: Resolution No. 2009-21: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 9 (Liquor Store) liquor license submitted by Jason Barclay Morris on behalf of CVS Pharmacy # 08420, 7740 N. Cortaro Road, Tucson, AZ 85743 C 5: Minutes of the January 27, 2009 special council meeting and February 3, 2009 regular council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2009.02: Relating to Development; approving and authorizing a rezoning to create the Mandarins Specific Plan. Presented by Kevin Kish. Vice Mayor Kai declared a conflict of interest due to his ownership of property near the Mandarins property. Mr. Kish briefly reviewed. deletions and additions that had been worked out with the developer and staff that morning and were being presented to Council on the dais. He noted the 19 conditions for approval from the town and the 20 proposed revised conditions of approval by Mandarins. These were changes to the conditions for approval made during his presentation to Council at the February 3 meeting:. David Morales, Larry Steckler, Mark O'Hare and Marcus Palkowitsh addressed Council during the public hearing. Questions were raised as to Mrs. DeConcini's access to her property through the Mandarins development. Also of issue were drainage improvements on the Mandarins property and Mrs. DeConcini's property. Upon motion of Council Member Clanagan, second by Council Member Ziegler, a motion to continue this item to March 3, 2009 failed on a vote of 4-2. Those in favor were Council Members Clanagan and Ziegler. Upon motion by Council Member Post, second by Council Member Comerford, a motion to accept the 19 conditions presented passed on a vote of 6-1. Dissenting was Council Member Clanagan. A 2: Resolution No. 2009-22: Relating to Building; approving and authorizing the Mayor to execute an intergovernmental agreement with Northwest Fire District for fire code official services within those portions of the Town outside an established fire district; and declaring an emergency. This item was presented by John Huntley, Building Safety Official for the town, and because of the emergency clause, required a roll call vote. Motion by Council Member Post, second by Council Member McGorray, passed on a roll call vote of 6-0. (Council Member Clanagan was excused at 8:49 P.M.) A 3: Resolution No. 2009-23: Relating to Transportation; approving and authorizing the Mayor to execute an agreement with Union Pacific Railroad Company concerning double-tracking through the Town. No action. A 4: Resolution No. 2009-24: Relating to Community Development; approving- and authorizing an amendment to the Intergovernmental Agreement with Pima County for. Sharing of Cost Involved in the Provision of Public Transit Services to the Town of Marana to include funding for express transit services in the amount of $25,777.44 for fiscal year 2008-2009. Presented by Ms. T. Van Hook. Motion by Council Member Clanagan, second by Council Member Ziegler. 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. Presented by Steve Huffman. EXECUTIVE SESSIONS Upon motion by Council Member McGorray, second by Council Member Comerford, Council moved to executive session. Passed unanimously. ice Mayor Kai, and Council Members Post and Clanagan were excused) 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 . Presented by Jane Fairall, who asked for a motion to direct staff to proceed as discussed in executive session. Motion by Council Member McGorray, second by Council Member Comerford Passed unanimously. FUTURE AGENDA ITEMS ADJOURNMENT Motion by Council Member Comerford, second by Council Member McGorray. Passed unanimously.