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HomeMy WebLinkAbout04/07/2009 Regular Council Meeting Minutes~A~~~A ~y I Ytill+s M 1Y~4.i'.}w REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, Apri17, 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 as amended but removing item A3. Council Member Ziegler asked why A3 was being removed. Mayor Honea stated that the item was removed at the direction of Brad DeSpain and Dorothy O'Brien. Second by Vice Mayor Kai. Approved unanimously. CALL TO THE PUBLIC Ora Mae Harn noted that her goal is to make sure everybody knows what a wonderful history we have and that each and every resident of our community will proudly say "I'm from Marana." She also noted that the display is open tonight for viewing the Marana Heritage Showroom which documents the history of our community. David Morales discussed the philosophy he is studying which allows a person to choose to see a glass half full or half empty. He noted that it would be good to follow the pledge with invocation especially in these trying times of uncertainty. He also stated that he told Council that they should reflect on what they are doing -- that it is not important where you stand on an issue, only that you reflect daily on why you believe it is important where you stand on the issue facing the town. This Council now has the time due to the economic downturn to plan to have a good town or a great, dynamic thriving city. Sharyl Cummings, 3000 W. Jojoba Hills Drive addressed Council regarding the proposed abandonment of the Thornydale expansion and public easement which extends into the Tortolita Mountains. She noted that on February 3, 2009 this issue was brought to the Council for a vote and then tabled for further study. There were several concerns presented at that meeting and the following meeting on February the 10th. She addressed those concerns with affidavits presented to the Town Clerk and a list of people who signed the affidavits and presented to each Council Member. She held up a map noting that the overhead projector's not working this evening as you are conserving energy. Council Member Ziegler asked for clarification on the statement she made about conserving energy by not being able to use the overhead projector. Ms. Cummings stated that Ms. Bronson had asked her if she wanted the equipment turned on or if she could just told up her exhibit. Council Member Ziegler directed her comment to Ms. Bronson. Ms. Bronson responded. Council Member Ziegler asked that the equipment be turned on for all future meetings. Cleveland Cawthon, 610 N. Highland Avenue, representing the Arizona Students' Association at the University of Arizona. The association is a student run organization that advocates on behalf of the students. Statewide, they directly represent 120,000 students within the university system. In the community we are beginning to form a new group called the Arizona Voters for Higher Education and we they are trying to gather community members, community leaders, businesses, etc., into this group and we're trying to gather a collective of ideas as to how to fix the situation and to also educate them on the issues in Arizona. Council Member Ziegler noted that they might want to attend a meeting at MOC on Ina at 8:00 a.m. on Wednesday, April 8 with MUSD. Daniel Hernandez, 610 N. Highland Avenue, also representing the Arizona Students' Association at U of A. He presented some more information on the coalition and noted that they will be in Marana and in Oro Valley starting next week because they want to engage the members of the community as much as possible. They are going to be trying to set up meetings with individual Council Members and meeting with community and business leaders as much as possible to bring people to the table. He noted that their contact information is included on the brochures but for the people in the audience our website is azstudents.org. They will be around to speak to anyone about getting more involved or questions on higher education, feel free to contact them. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray reported on a grant given to the Dove Mountain Rotary from Rotary International for $2,500 which helped to purchase trees for the Heritage Farm Food Bank. Fifty people, including Rotary members, citizens and the University Rotary planted trees that will produce fruit to distribute to the Marana Food Bank as well as residents who can purchase fruit for cash. Mayor Honea noted that Rep. Vic Williams had invited him and others to a meeting on the status of the state budget. The Northwest YMCA will have a meeting on April 10 with all of the legislators from District 25 and 26 to discuss budget. The public is welcome. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted that the Council Executive Report is included as part of the record in the packet. He also referenced the dedication of the Silverbell Road extension and the groundbreaking for the Silverbell-Cortaro District Park last week. Deb Thalsitis reported that the Marana Parks & Recreation department will host the Hip Hop Holiday at Continental Ranch. The schedule is on the website under the Parks & Recreation page. Mayor Honea then noted that final approval came from FEMA who signed off on Marana's maps. Mayor Honea identified the many people who had helped achieve this status for the town. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion by Council Member Post, second by Council Member Comerford Passed unanimously. C 1: Resolution No. 2009-36: Relating to Development; approving a release of assurances for San Lucas Block 2 and acceptance of public improvements for maintenance C 2: Resolution No. 2009-37: Relating to Development; ratifying design approval for the development known as Continental Crossing Marketplace C 3: Resolution No. 2009-38: Relating to Infrastructure; approving acceptance of public improvements for maintenance of 694 linear feet of median turn and appurtenances,. located at 8579 N. Silverbell Road C 4: Resolution No. 2009-39: Relating to Development; approving and authorizing a final plat for Canyon Community Bank and the Retail Shoppes C 5: Resolution No. 2009-40: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Donald T. Klump on behalf of Grumpy's Jr. Grill located at 8235 N. Silverbell Road, Suite 105 C 6: Resolution No. 2009-41: Relating to Personnel; approving and authorizing an amendment to the Town's classified salary schedule, amending the Fair Labor Standards Act (FLSA) status of the Parks Supervisor classification; and declaring an emergency C 7: Resolution No. 2009-42: Relating to Personnel; approving and authorizing a salary schedule for short-term temporary employee classifications for FY 2008-2009; and declaring an emergency C 8: Resolution No. 2009-43: Relating to the Police Department; approving and authorizing the Chief of Police to execute a Memorandum of Understanding between the Marana Police Department and the Pinal County Sheriffs Office regarding the sale of horses and equipment; and declaring an emergency C 9: Minutes of the March 17, 2009 regular council meeting and the March 24, 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. The Mayor opened the item for Public Hearing Mr. Kish presented the item as noted that the applicant had requested that this item be continued to the May 5 meeting. Staff recommended moving to that date and continue the public hearing. Council Member Post asked why this was continued for so many times. Mr. Kish responded that this was the third time the applicant has requested a continuance. They are looking at the off-site improvement requirements to see how they can make the project move forward. Motion by Council Member McGorray, second by Vice Mayor Kai. Passed unanimously. A 2: Resolution No. 2009-44: Relating to Technology Services; approving and authorizing the Mayor to execute a lease agreement with Simply Bits LLC to continue using Town of Marana communication towers for wide area network services; approving and authorizing the Marana Technology Services Director to execute a memorandum of understanding with Simply Bits LLC to extend existing Internet and technology services agreements until a new procurement process for these services has been completed; and establishing an effective date Presented by Gary Hudman. Council Member Ziegler thanked Gary for his work on this project. Motion by Council Member Ziegler, second by Council Member McGorray. Passed unanimously. A 3: Resolution No. 2009-45: Relating to Administration; modifying the emergency procurement authorized by Marana Resolution No. 2009-09 for materials and services necessary to encase and replace the Marana Utilities Department waterline within and in the vicinity of the Union Pacific Railroad right-of--way southwest of the 13900 block of Adonis Road; authorizing the Procurement Director to determine the appropriate procedures; increasing the budgetary limitation for this emergency procurement; and declaring an emergency Item removed with motion to approve tonight's agenda. BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Annual presentation to Mayor and Council on the activities of the Business and Economic Development Advisory Commission Presented by Kelle Maslyn, chair of the Business and Economic Development Advisory Commission. She referenced a summary in the Council packets of what the Commission had been doing over the past year including TREO and the sign code. She noted that they would focus on two areas -the town's economic road map to attract higher wage jobs to the community and the second -the shop Marana campaign. Council Member Ziegler asked about the TREO contract and when it would come before Council. Ms. Maslyn responded that the commission had reviewed it prior to the Council seeing it, and that the reference to TREO in her report is a report of activities over the past year and not necessarily current. Mr. Davidson noted at this time there isn't any ongoing conversation about a new contract with TREO; however, TREO has been invited through the CAC Commission and the Steering Committee for the economic roadmap to be a part of that process, and they've agreed to do that and do so at their cost. Council Member Ziegler asked if funding TREO would be in budget talks. Mr. Davidson said that it's not listed in the budget process for 2009-1010. No funds have been identified for that. Council Member Ziegler thanked Ms. Maslyn. Council Member Post asked what the Commission is doing about the sign ordinance for businesses. Ms. Maslyn stated that the commission had started to review the sign code ordinance. They have created a brochure for business owners to understand what the sign code is. Kevin Kish and his group are going to be reviewing what the actual code is and bringing the commission up to date on some of the suggested changes to it. Council Member Post asked if the process could be moved along more quickly. B 2: Relating to the Police Citizen Advisory Commission; 1st quarter report Council Member Clanagan reported on the regularly scheduled meetings and the report for review. He moved to approve the report; however, Mayor Honea noted that the report does not need to be approved. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues:. Discussion/Direction/Action regarding all pending bills before the Legislature Steve Huffman remarked that there is significant progress working with Congresswoman Gifford's office. Staff has submitted some requests for next year's budget for federal funding on projects, specifically federal money for Tangerine interchange, some money for the Honea Heights development, the airport and Barnett Channel. We still have a long ways to go but we're clearly making progress and it would be great to have federal partnership on some of those projects. In terms of the budget, the good news for the town this year is that it looks like the Legislature has run out of time to cut revenue sharing in the `09 budget year. We were looking at $100,000 coming from this year's budget. That looks like it's not going to happen now. They still have about a half million dollar hole in the `09 budget, but it looks like they're just going to fill up with federal stimulus money but that leaves us now looking toward the 2010 budget which is a huge problem. The Legislature's put out a preliminary budget utilizing all the .stimulus money that they have including fund sweeps they have left, and they're still looking at what looks to be at least a half million dollar hole and it continues to get worse almost every week, so we will be actively watching that. As part of that, though, the budget is obviously important for us, but we're starting to see more and more policy issues. One thing I want to make you aware of is a proposal from the home builders in Central Arizona as it will affect every city and town in the state. The proposal is for an absolute moratorium on impact fees for the next two or three years which they are presenting to the Legislature as an economic stimulus package. They could build more houses and get our economy going if they don't have to pay impact fees. The good news is that we won't be getting hit with any end of the year budget cuts. EXECUTIVE SESSIONS Motion by Council Member Clanagan, second by Council Member McGorray. Passed unanimously. 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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources Motion to have staff proceed as discussed in executive session by Council Member Comerford, second by Council Member Clanagan. Passed S-0, Vice Mayor. Kai and Council Member Post were excused from this portion of the executive session due to a conflict of interest. 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 (1) the lawsuit entitled Town of Marano v. Pima County/Pima County v. Marano (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marano wastewater collection and treatment to the Town of Marana E 4: Executive Session pursuant to A.R.S. §38-431.03 (A)(1) and (3) for discussion and consideration of the procedure for conducting Town Manager Gilbert Davidson's upcoming annual performance evaluation and for discussion and consultation for legal advice with the Town's attorneys regarding the procedure No action required. FUTURE AGENDA ITEMS ADJOURNMENT Motion by Council Member Clanagan, 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 Apri17, 2009. I further certify that a quorum was present. ,~- ~ ~ celyn C. ronson, Town Clerk