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HomeMy WebLinkAbout03/17/2009 Regular Council Meeting Minutes~~ ~~ .. " t""""'"""~ ~A~~~A «, REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 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 Council Members were 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 Harry Christman, Community Christian Church, spoke in support of Founders' Day and noted that their church would be available for public parking. Doug McVie, 4420 W. Cortaro Farms Road, addressed Council regarding the way the referendum process was handled for Sky Ranch, and Willow Ridge with a special emergency clause and then the DeAnza referendum. Tracy Chamberlain, 13650 N. Thornydale Road, spoke in regard to the Saguaro Ranch bankruptcy filing relative to the town. Council Member Ziegler directed Frank Cassidy to look into the matter and report back to the Council. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan introduced Julie Prince and Glenn Pfleiderer as the town's representatives on the Tucson-Pima County Bicycle Advisory Committee, the subject of Item C L Mayor Honea announced that he and Deb Thalasitis had dinner on an antique train courtesy of Southern pacific Railroad. He noted that double tracking has slowed down due to the economy but that they were moving forward. He also noted a correction to misinformation about the Marana Health Center building next to the Marana Municipal Complex. Mayor Honea met with John Ayres regarding the Marana cemetery. They hope to begin moving ground within the next two to three months. He also met with Bob Burns, Arizona .Senate President and Mayor Walkup. The state is in big trouble -next year's cuts will be double what this year's cuts will be. Senator Burns is pushing to get the $17 million out of revenue sharing. The Mayor and Council Members McGorray and Ziegler attended the ribbon cutting at the Steak Out restaurant at Tangerine Crossing on Saturday, March 14. He also went to First Things First at Pima College, funding for youth and youth advisors for 0-5 years old. There is $13 million funding this year, part of which is coming to Marana for Yoem Pueblo to help at-risk children get a better start in life. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson noted that the Council Executive Report has been submitted as part of the record tonight. Mr. Davidson mentioned there will be a ribbon cutting for the new Silverbell Road. and ground-breaking for the Silverbell/Cortaro District Park on Friday, Apri13 at 10:00 a.m. on the south side of Wheeler Taft Abbett, Sr. Library. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion by Council Member Post, second by Council Member Comerford Passed unanimously. C 1: Resolution No. 2009-28: Relating to Boards, Commissions and Committees; approving the appointment of Julie Prince as the Town of Marana's representative and Glenn Pfleiderer as the Town of Marana's alternate representative to the Tucson-Pima County Bicycle Advisory Committee C 2: Resolution No. 2009-29: Relating to Community Development; approving and authorizing full execution of a Grant Agreement with the City of Tucson for Federal Transit Administration Funding under the Job Access/Reverse Commute Program (FTA Grant AZ-37-X009-00) C 3: Resolution No. 2009-30: Relating to Community Development; granting in-kind services paid through Discretionary Funding to.PerimeterBicyclingAssociation of America, Inc. an Arizona 501 (c)(3) non-profit organization to support the Tour of the Tucson Mountains Bicycling Event held Apri126, 2009 in the Town of Marana C 4: Resolution No. 2009-31: Relating to Utilities; authorizing the Utilities Director to submit all paperwork .and take all actions necessary to move the Town's water utility from the Arizona Deparment of Water Resources gallons per capita per day program to the non-per capita conservation program C 5: Minutes of the February 24, 2009 special council meeting, March 3, 2009 :regular council meeting, and October 10, 2006 special council meeting COUNCIL ACTION A 1: Resolution No. 2009-32: Relating to Elections; declaring and adopting the results of the primary election held on March 10, 2009 Presented by Ms. Bronson with a request for approval of the canvass. Motion to approve by Council Member McGorray. Prior to a second to the vote, Jim March, on behalf of consumer protection for elections, addressed Council regarding his attempt to observe the closing of the polls at the March 10 election and the secret counting of the votes.. He noted his disagreement with the way the elections are handled in Pima County and his displeasure with the Elections Director, Brad Nelson, whom he believed had erroneously advised Ms. Bronson on the conduct of elections. Council Member Post expressed an issue he had during Election Day regarding his polling location relative to his residence. Mr. Davidson commented that after this election cycle a Study Session should be held to discuss the process and how to make it better for all involved. Motion was seconded by Council Member Post, the Council voted unanimously to approve the official canvass of the vote. A 2: Resolution No. 2009-33: Relating to Elections; certifying facts regarding automatic recount of the March 10, 2009 Town of Marana primary election to the Pima County Superior Court, authorizing the filing of a petition in Superior Court; and declaring an emergency Presented by Mr. Cassidy on behalf of Cedric Hay. Mr. Cassidy noted the circumstances that required an automatic recount of the election results on March 10, 2009, citing both state statute and town code. Mr. March again addressed Council on this item and noted the state requirement for conducting a recount. He again criticized the election process in Pima County under the direction of Brad Nelson and offered his services to assist in creating transparency in government regarding elections. Motion by Council Member McGorray, second by ice Mayor %ai. * Due to the emergency clause, a roll call vote was requiredL Passed unanimously. A 3: Resolution No. 2009-34: Relating to the Police Department; approving and authorizing the Mayor to execute an Amendment to the Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Association; and declaring an emergency Presented by Ms. Machain who described discussions regarding the Memorandum of Understanding which began January_28 and. concluded Februaryl8. She noted that... discussions were positive, professional and very productive. She then summarized the MOU amendment. Savings to the town as a result of the amendment will result in a net savings of $86,480 and a savings for FY 2010 in the amount of $392,345. Jason Cann, president of the MPOA, addressed Council, and also thanked the negotiating team. Council Members Ziegler and Comerford thanked Officer Cann for his leadership along with that of Chief Tometich and asked that he extend their thanks to the officers. Motion by Council Member Ziegler, second by Council Member Clanagan. Due to the emergency clause, a roll call vote was required Passed unanimously. A 4: Resolution No. 2009-35: Relating to Public Works; authorizing the Mayor to execute all documents necessary to facilitate the funding of the $15,000,000 LGIP account with the State Treasurer's office as required by Paragraph II (2)(k)(i) of the August 1, 2007 Intergovernmental Agreement between the State of Arizona and the Town of Marana for the I-10 Traffic Interchange at Twin Peaks; and declaring an emergency Mr. Cassidy presented this item and noted that it was added late to address the delay in the awarding of the Twin Peaks traffic interchange project and summarized the content of the resolution.. He noted that with this resolution, staff if trying to give the Mayor and the Manager authority to take the steps necessary to get $15 M deposited to the State Treasurer's Local Government Investment Pool (LGIP) account that can be drawn on by ADOT. We thought we had an understanding with the RTA that they were going to go ahead and put their funding into the LGIP account by Friday morning, which did not occur, and so RTA believes an amendment is necessary to the IGA, and this resolution authorizes the Mayor to execute an amendment to that technical language in the RTA IGA which is allowed to direct money, or if that is not able to be accomplished, to allow the Mayor and Manager to get other gap or bridge financing to get the $15 million account to get the project done. The RTA is committed to putting over $30 million into this project and they've put in $5 million, so it's just the manner in which it's accounted for that there's disagreement about. This method would allow staff to work this out without having to come back to Council. The other alternative would be to figure out how to put it together, sef up an emergency meeting and bring it back to Council. We felt that we wanted to bring this to you as soon as soon as possible, to bring this to you as soon as possible. This has been the most important public works project before the town in some time and we felt it was important to get it awarded as soon as possible. Mr. Davidson added that in terms of process, there is a meeting set up with RTA staff tomorrow to come up with some options and move this forward. If not, as Mr. Cassidy stated, we'll come back to Council of where we are in that process. Council Member Ziegler stated that after doing her homework she requested that Mr. Davidson report back to Council after the meeting on Wednesday. She isn't going to commit the Town to $15 million on a verbal agreement. Mr. Davidson responded that the town's total obligation for this project is $14 million, so even if the town had that money, there would still be a gap in the funding, so no matter what, staff needs to sit with RTA and work out what that process is going to be. The town has already spent almost, its entire contribution through design, right of way__ acquisitions and studies required for a major capital project like this. The only piece remaining are federal and ADOT funds and the bulk of the funds of $30.725 million. from RTA. Council Member Ziegler again requested that the item be brought back to Council even if it requires an emergency or special meeting to make the decision if the staff is not successful at the Wednesday meeting. Motion_by Tice Mayor, Kai, second by Council Member Comerford. Due to the emergency clause, a roll call vote was requirea~ Council Member Ziegler asked if she voted `aye' does that also mean that they have to come bacl~ Mr. Cassidy. responded that: it did nod Mr. Davidson noted that what the authority gives is that the Mayor would be able to proceed as stated in the documents However, he again stated that his commitment to the Council and the community was to fully report whatever solution is come up with. Upon that statement, Council Member Ziegler voted `aye..' Passed unanimously. *Mr. Cassidy noted that on Item A2, there was an emergency clause that required a roll call vote which was not done. He asked to have a roll call vote at this time. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Mr. Huffman reported that there was on issue of importance coming up regarding the state has almost a $400 million hole in this year's budget before moving into the 2010 budget. This week there was a bill introduced to take out the amendment relating to revenue sharing. The hope is to fill the gap with stimulus money. The bill was for $17.9 million - Marana's share would have been $100,000. It's an issue staff is continuing to monitor and work with the League. There should be information available on this item this week or early next week. 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 ADJOURNMENT Motion by Council. Member Post, second by Council Member Comerfora~ Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 17, 2009. I further certify that a quorum was present. ~~ ~, y~ ~,,, ~` ~elyn C., ronson, own Clerk