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Home My WebLink About03/03/2009 Regular Council Meeting Minutes~~~~~ ,~ ~. ~.. REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 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 REGULAR MEETING CALL TO ORDER AND ROLL CALL All present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA Motion by Council Member McGorray, second by Council Member Comerford. Passed unanimously. CALL TO THE PUBLIC Brad DeSpain presented an award to Jim Shiner on behalf of the employees of the Town of Marana who held their Employee Appreciation dinner at the Stardance Center about a year ago. Mr. Shiner and his partner, Lex Sears, hosted the employees for the evening. Steven Draper, Eagle Scout -Troop 229, presented his Buffelgrass project to Council. He described his project, the pulling of Buffelgrass, which will be March 28 from 8:00 a.m. to 11:00 a.m. at Twin Peaks Road on the Santa Cruz River Trail. He is asking for 30-40 volunteers and for a donation of tools, water, food and gloves. Theodore Williams, Gladden Farms resident. He is concerned about the uncertain future of that community because of the foreclosure issue surrounding the merger of Gladden Farms I and Gladden Farms II. He believes the merger may cost homeowners more money. He also believes that his vote didn't count when the issue was submitted to the homeowners. He believes that all the foreclosures will significantly lower the value of the homes in Gladden Farms and that the dues will be higher than in Continental Ranch. Staff will contact Mr. Williams. David Morales noted his disappointment that there were no agendas for the public. He also stated that~last week the Council approved the water ordinance and again spoke to the tiered water system. He felt this was discrimination. He doesn't believe that the present Council has the authority to make decisions for future Councils. He doesn't think that this is permitted by state law regarding water rates. Mr. Davidson addressed the issue and that the action taken last week was for this fiscal year only. Mr. DeSpain addressed Council Member Ziegler's concerns that the resolution only covers until July of 2009. The Water Department is committed to coming back to the Council each year. Council Member Ziegler expressed her surprise that what was proposed by the Utilities Citizen Advisory Commission is not what occurred. Mr. Davidson explained how the analysis produced the assumptions over the next number of years. What the commission recommended and the Council approved was the implementation for the coming fiscal year. The Mayor suggested because no action can be taken on a Call to the Public that this item can come back to the Council at another time. PRESENTATIONS P 1: _Presentation: Relating to Pinal County Comprehensive Plan Jerry Stabley, Pinal County Project Manager, gave a progress report on the status of the Sun Corridor Megapolitan -the Comprehensive Plan of Pinal County, and noted that he was asking for Council support updating of this Plan through a proposed resolution. Over 2000 people throughout Pinal County have participated in this Plan. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea congratulated all who worked on the Accenture golf tournament last week. He noted that there was a positive impact on the region because of the success of the tournament. He also attended the Senior Center picnic in the park today where about 200 seniors participated. He added the Senior Center is operating at close to full capacity. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted the Council Executive Report is submitted as part of the official record. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Upon motion by Council Member McGorray, second by Council Member Posz Unanimously approved. Jane Fairall noted that the Mayor had called for a vote prior to the presentation by Mr. Stabley, wherein he was requesting Council support by resolution of the Pinal County Comprehensive Plan which is on the Consent Agenda. Ms. Fairall noted that if there was no discussion by Council after the presentation, the vote could stand as passed. There was no change. C 1: Resolution No. 2009-25: Relating to Development; approving and Authorizing a Final Plat for Dove Mountain Resort II, Lots 79-97, 154-172 and Block "L" C 2: Resolution No. 2009-26: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a person transfer and a location transfer of a No. 6 (Bar) liquor license submitted by James A. Shiner on behalf of Lazy K Stardance, LLC, 8110 N. Scenic Drive, Tucson, AZ 85743 C 3: Resolution No. 2009-27: Relating to Development; endorsing and supporting the Pinal County Comprehensive Plan Draft C 4: Minutes of the February 10, 2009 special council meeting and the February 17, 2009 regular council meeting COUNCIL ACTION A 1: Relating to Offenses; decision whether to reconsider Ordinance No. 2009.01 adopted on February 3, 2009, 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 Jane Fairall presented Item Al and stated why this item was on the agenda for reconsideration. Reconsideration would have the effect of appealing the original ordinance Motion to approve by Council Member Clanagan, second by Council Member Post, passed unanimously. A 2: Ordinance No. 2009.01: Relating to Offenses; reconsideration of Ordinance No. 2009.01 adopted on February 3, 2009; 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 No action was necessary. A 3: Ordinance No. 2009.04: Relating to Offenses; amending Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age of eight unattended in a motor vehicle; adding Chapter 11-8; renumbering existing Chapters 11-8 and 11-9; and declaring an emergency Motion to approve by Council Member Clanagan, second by Council Member Post, passed unanimously by roll call vote. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Steve Huffman gave a report on the current status of legislation. 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)(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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources FUTURE AGENDA ITEMS Council Member Clanagan raised the question that was posed at the retreat earlier in the year where any Council Member who attends a meeting provides an update to the rest of the Council Members. Mayor Honea will address this with Council Member Clanagan, and noted that this does not need to be an agenda item. ADJOURNMENT Adjourned at 7:36 p.m. upon motion by Council Member Post, second by Council Member McGorray. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 3, 2009. I further certify that a quornm was present. <~ t3 .~ celyn ronson, Town Clerk ~~~ :w „~ A;, ,. .~~