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HomeMy WebLinkAbout06/02/2009 Regular Council Meeting Minutes~~~ ~~ ~~~f~l~l figsN. A?T MOI~.YAtL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 2, 2009, at or after 7:00 PM Ed Honea, Mayor, present Herb Kai, Vice Mayor, present Russell Clanagan, Council Member, present Patti Comerford, Council Member, participated by telephone Carol McGorray, Council Member, present Jon Post, Council Member, present Roxanne Ziegler, Council Member, present REGULAR MEETING CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Honea at 7:12 p.m. Prior to Roll Call, Clerk Bronson contacted Council Member Comerford and connected her to the meeting via conference call. All present as noted above. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Mayor Honea noted that Item A.1 was pulled from the agenda at the request of the applicant. Motion to approve moved by Council Member Clanagan, second by Council Member McGorray, as amended. Motion carried unanimously. CALL TO THE PUBLIC Sharon Schwartz, Angela Wagner-Gabbard, Russell Errigo, Dorel Vanegas-Bell, John Weflen, John DePalma and Alice Behnke spoke on behalf of themselves and more than 400 residents who signed petitions and proxies opposing the placement of a cell tower at Twin Peaks proposed by Crown Communications -each giving their specific reasons, primarily noting health issues. John Stevens spoke again about the issue of his property which he has brought to Council's attention at four previous meetings. He also spoke of saguaro spine crosses that he makes. Council Member Post asked for an update on the status of stafFs efforts to help Mr. Stevens. Town Manager Davidson stated that he would provide Council with an update. Larry J. Beasley spoke regarding his concerns about the appointment of Cookie Gallegos as a superintendent in the Operations and Maintenance department and asked if Council could defer their decision until staff involved could have a better understanding of what is going on. Mike Mencinger addressed Council, noting that his position had been eliminated with the budget restructuring. He thanked Council for their support during his six and a half years with the Town, noted the advancements that had been made in his department and stated that he hoped Council would continue their support of the department. PRESENTATIONS P 1: Presentation: Relating to Impact Fees; the indexing of Impact Fees and the associated changes in fees for fiscal year 2010 Presented by Keith Brann. He began with a summary of Marana's four impact fee areas -Northwest Marana, Northwest Transportation, a South fee that includes everything south of Lambert or Avra Valley Road and the Northeast Impact Fee adopted last year that included everything up in Dove Mountain and then the Town in general has atown- wide Parks impact fee -and the impact fees adopted for those areas and the status of increases to those fees. The new fees show a 5.3% increase beginning July 1, 2009 - consistent with the annual construction cost indexing from Engineering News Record - a reputable source of construction costs across the nation, noting that it is one of the indices that is allowed across the state for impact fees. The increase is about $300 on the larger fees and about $100 on the shorter fees. No action required. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan mentioned a news report that the City of Tucson is raising taxes on water rates which would include users in the Continental Ranch and Dove Mountain areas and asked what the town would be able to do in a proactive way by not being part of the Tucson water system and becoming part of the Marana water system and had anyone from City of Tucson communicated with the town about this increase. Mr. Davidson responded that no notification had been received from Tucson as to their intention to increase rates on tax for their water utility system, and this would be part of our overall water strategy in response to how we're moving forward -how to address Continental Ranch and Dove Mountain and working with the City of Tucson, and we are continuing that dialog. Council Member Ziegler noted that she attended the press conference that Angela and Sharon and others put together at Twin Peaks and Coachline and encouraged community participation so that Council is aware of citizen issues. She stated that she left the press conference with a different point of view (regarding the cell tower). Because of her job she doesn't get to many of the town functions, and appreciates citizen feedback. Council Member McGorray agreed with Council Member Ziegler in keeping our neighborhoods our neighborhoods. She shopped at the Heritage Park farmer's market yesterday and gave the details of the time and location. She stated that she wanted to advocate for the Heritage Park and the community farm there. Mayor Honea stated that he wanted to advocate for the Cotton Blossom thrift retail store opened on Marana Road next to the bank. They could use gently used tools and furniture. The money raised will be used to help the Marana Health Center education services. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson submitted the Council Executive Report for review and conclusion in the proceedings of the meeting. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve moved by Vice Mayor Herb Kai, second by Council Member Clanagan. Motion carried unanimously. C 1: Resolution No. 2009-80: Relating to Administration; approving and authorizing the renewal of an intergovernmental agreement with Pima. County for payment for the incarceration of municipal prisoners C 2: Resolution No. 2009-81: Relating to the Police Department; approving and authorizing the Town Manager to apply for funding from the Governor's Office of Highway Safety under the Highway Safety Program (23 U.S.C. Section 402) to fund the Marana Police Department's participation on the Southern Arizona DUI Task Force C 3: Resolution No. 2009-82: Relating to the Police Department; approving and authorizing the Town Manager to submit a grant application for funding from the Governor's Office of Highway Safety under the Highway Safety Plan (U.S. Code, Title 23 Section 402} for the Marana Speed Awareness Program for neighborhoods, construction zones, and school zones C 4: Resolution No. 2009-83: Relating to the Police Department; authorizing the Chief of Police to renew the vehicle registrations for undercover police vehicles COUNCIL ACTION A 1: PUBLIC HEARING: Resolution No. 2009-84: Relating to Development; approving and authorizing a conditional use permit to allow the development of a new wireless communication facility at 7455 West Twin Peaks Road Withdrawn at the request of the applicant A 2: Ordinance No. 2009.09: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the QuikTrip 1456 Annexation, being an area containing approximately 2.06 acres of land located south of Cortaro Farms Road and east of Cerius Stravenue Presented by Kevin Kish. He discussed the annexation, giving the location. All notification requirements have been properly complied with. The blank petition-was recorded with Pima County Recorder on September 15, 2008 and the Council conducted a public hearing October 7, 2008. The town received signed petitions representing the required petitions from owners. Motion to approve moved by Council Member Clanagan, second by Council Member Ziegler. Motion carried unanimously. A 3: Resolution No. 2009-85: Relating to Elections; declaring and adopting the results of the general election held on May 19, 2009. Ms. Bronson stated the votes for each candidate and for the Alternative Expenditure Limitation and asked for Council approval of the results Motion to approve moved by Mayor Honea, second by Council Member Comerforcb Motion carried unanimously. Town Clerk Bronson gave the Loyalty Oaths and Certificates of Election to Vice Mayor Kai, and Council Members Post and McGorray. Council Member Comerford will be given the Loyalty Oath and Certificate of Election prior to the next regular meeting. A 4: Resolution No. 2009-86: Presentation: Relating to Budget; adopting the fiscal year 2009-2010 tentative budget Presented by Gilbert Davidson, Erik Montague and Deb Thalasitis. Mr. Davidson led by addressing Council to submit the tentative budget, noting that this budget has been consistent with Council and public direction and guidance throughout a number of public policy sessions. The management team communicated through a series of verbal and written forums with staff to help them understand the evolution of the budget process. This budget achieves all of the strategic budget goals and meets the Council goals of `service first' to our community. Mr. Montague walked Council through the number portion, and then Ms. Thalasitis talked about some of the approaches taken in terms of restructuring and the additional contingency plans they have in place depending on what the State Legislature does with their budget. He then recognized the hard work of Ms. Thalasitis, Mr. Montague, Barbara Johnson and Kevin Kish and the support from Frank Cassidy and Jane Fairall and the Human Resources department. Mr. Davidson concluded the presentations by restating that the budget meets the Council's key budget goals set forth several months ago. These goals have helped to guide maintaining critical operations in public safety and infrastructure, minimizing the impact on personnel and making sure we are positioned for a quick economic recovery, as well as the Council leadership of developing a strategic plan so that any decision through the budget process is in alignment with the strategic plan. The tentative budget would come back to Council on June 23 for final adoption. Council Member Clanagan had questions on Exhibit A regarding the fines, forfeitures and penalties. Does that include asset forfeitures from drug operations and partnerships with other state and federal agencies? Mr. Montague responded that those forfeitures are handled through a special revenue fund separate from the town's general fund. Council Member Clanagan asked about the revenues generated from the partnerships and other federal law enforcement programs - where is that accounted for? Mr. Montague responded that those are accounted for in separate funds within Exhibit A, on page 3 of 5, Fund 222 is one example (RICO) of a separate special revenue fund accounted for forfeitures. Council Member Clanagan asked how those funds are going to be used. Mr. Montague responded that those funds are only utilized for one common use - planned equipment and training and related expenditures. He then explained what those funds can be used for -they are not seizure and forfeiture funds -except for participation costs in those related activities. Council Member Clanagan suggested that the $94K could be a way to subsidize major vehicle purchases and training this year to supplement the police department's budget. Mr. Montague will look into this and gave additional explanation as to how some portion of those dollars could be used. Motion to approve moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously. Mayor Honea stated that the first town budget was $40K. A 5: Ordinance No. 2009.10: Relating to Mayor and Council; amending Town Code Section 2-3-1 ("Vice Mayor") to expand the time to choose a Vice Mayor; and declaring an emergency Frank Cassidy presented this item and stated that it was placed on the agenda because when the General Election occurs on May 18, 19, 20 or 21, the logical day in which you would select the Vice Mayor, which would be three weeks after that, would come 21 days after the election, and right now the code says that you're supposed to appoint the Vice Mayor within 20 days. The way the 20 days came about was when Marana was a common council without a directly elected mayor, the statute says that the Mayor for a common council has to be selected within 20 days. When the town code was amended to provide for the direct election of the Mayor, the 20-day period was not loosened up, so this ordinance would simply provide that the Vice Mayor needs to be selected not later than the end of June, which gives the Council an opportunity at a regular meeting to select the Vice Mayor and hopefully with that amount of time, would give the opportunity for all of the Council Member to be present when that decision is made. Staff realized that today is the first meeting of the new Council, and under the way the code is stated, you would normally have this selection of the Vice Mayor next week at 21 days, and would have to set a special meeting to meet the 20 days. Motion to approve moved by Council Member McGorray, second by Council Member Posz Motion carried unanimously. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Le islature Steve Huffinan reported on the status of the state's budget. No action. EXECUTIVE SESSIONS Motion to go into Executive Session on item E2, moved by Council Member McGorray, second by Vice Mayor Kai. Motion carried unanimously. Council left the dais at 8:34 p.m. Council returned to the dais at 8:51 p.m. 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. No action required. 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 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 to adjourn moved by Council Member Post, second by Vice Mayor Kai. Motion carried unanimously. The meeting was adjourned at 8:51 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 2, 2009. I further certify th, ' gent. cel .Bronson, Town Clerk