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HomeMy WebLinkAbout05/21/2009 Regular Council Meeting Minutes~~~~I'~I 1' »~4.n<T MAefx4 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 21, 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, present Carol McGorray, Council Member, present Jon Post, Council Member, present Roxanne Ziegler, Council Member, excused REGULAR MEETING CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Honea at 7:00 p.m. Council Member Ziegler was excused, all others present, as noted above. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried 6-0. CALL TO THE PUBLIC Several members of the public addressed Council regarding item C9, Resolution No. 2009-78. Ian Poynton mentioned that he thought there was a proposed two or three phase process that would have been done from the meeting a few months ago. He stated he was upset that this item was put on the agenda at the last minute. He also said he was disgusted with how this has been handled. Tim Blowers spoke regarding the beauty of the Tortolitas and the park and access on the east side that will not provide what is needed for public access. This easement has been used for over 30 years, and a lot of people believe something is being taken away from them and he asked for postponement and a public meeting. Sharyl Cummings asked for a way to improve communications regarding the residents who live in the Tortolita area and items that affect that area and the Town's actions involving that area. Steve Blomquist reviewed some history before Marana was incorporated and the public easement in and near the Tortolita Mountains, then the activity when Marana annexed the Phinney property in that area. Tracy Chamberlain spoke to the Town's intent in crafting the agenda on the issue of the Saguaro Ranch item and asked if this item could be removed from the Consent Agenda and held for public comment. Dawn Arnold also registered her disappointment in the Saguaro Ranch item being on the Consent Agenda. Ken Maus spoke to the Saguaro Ranch issue and his surprise that the issue was placed on the Consent Agenda at the last minute without respect for additional public input so that there will be public access on the easement. Mark Hulet spoke to the effort of due diligence of the developer of the property who did not know of the public easement on the Saguaro Ranch property -represent the public or represent the developer. Lynn Marrs asked if a review was done as indicated earlier and could homeowners get a copy of the review; what is the rush to push this item through. Jon Michael indicated that he thought there would be a public process rather than find the Saguaro Ranch item on the Consent Agenda the day after an election. He also referenced elected officials in various jurisdictions who he felt had deceived the public. Peter Giannini expressed his personal view on protecting the easement and concerns about the process of bringing this item for a vote and the Constitutional right of referendum when the rights of the citizens are circumvented. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford reported on Marana High School Grad Night. One hundred twenty students attended; no report of any incident involving any student from Marana High School. She also presented Council with the thank you card from the students. She thanked T. Van Hook for helping get the funds for this event. Council Member McGorray reported that her grandson graduated from Canyon del Oro and attended a similar grad night program there. She felt that these programs help save lives. Mayor Honea attended the State of the State and talked with the Governor. He indicated that he and the Vice Mayor toured the Grad Night event. He noted that several people including Monica Sutton, Pam Mosely, Tammy Foster, Crystal Flood, and Tina La Losa who spent hundreds of hours getting this event ready for the students. He also attended the Chamber luncheon today and heard Ken Bennett, State Treasurer, speak on the state budget. Sixty percent of Arizona's budget goes to education. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported that the Council Executive Report has been submitted for review, and Senator John McCain will be speaking at Town Hall at 10:00 a.m. on May 26 about what is going on at the federal level. TOWN REPORTS Marana Chamber 2009 1st Quarter Report. Presented by Ed Stolmaker, President/CEO, Marana Chamber of Commerce. CONSENT AGENDA GENERAL ORDER OF BUSINESS Motion to approve moved by Council Member Comerford, second by Vice Mayor Kai. Motion carried by a 6-0 Roll Call vote with Council Member Ziegler excused. C 1: Resolution No. 2009-69: Relating to Mayor and Council; adopting procedures for members of the Town Council and of special and standing boards, commissions, and committees of the Town to participate in public meetings by electronic attendance; and declaring an emergency C 2: Resolution No. 2009-70: Relating to the Police Department; approving and authorizing the Chief of Police to execute an intergovernmental agreement between the Marana Police Department and the State of Arizona Department of Public Safety Arizona Counter Terrorism Information Center regarding the statewide terrorism liaison officer program C 3: Resolution No. 2009-71: Relating to the Police Department; approving and authorizing the Mayor to execute a license agreement with Kai Properties relating to the use of Kai Properties property for the purpose of Marana Police Department canine handler training; and declaring an emergency C 4: Resolution No. 2009-72: Relating to Utilities; approving and authorizing the execution of the Modification to the Membership Agreement to the Services Agreement between the Town of Marana Water Department and the Arizona Board of Regents, University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona C 5: Resolution No. 2009-73: Relating to the Police Department; approving and authorizing full execution of a Grant Agreement (HT19-09-1711) with the Arizona Criminal Justice Commission to receive funding under the High Intensity Drug Trafficking Area Grant Program C 6: Resolution No. 2009-74: Relating to Development; approving the release of the Private Improvement Agreement for Northwest Fire District Station 38 located at 8475 N. Star Grass Road and acceptance of public improvements for maintenance C 7: Resolution No. 2009-75: 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 K. Kwiatkowski on behalf of Circle K Stores, Inc. located at the northeast corner of Ina Road and Camino de Oeste C 8: Minutes of the April 28, 2009 special council meeting, May 5, 2009 regular council meeting, and the May 12, 2009 special council meeting C 9: Resolution No. 2009-78: Relating to Real Estate; vacating and abandoning any rights of ingress and egress granted to the public by the easement recorded in Docket 7718, Page 333, Pima County Recorder's Office, including any previously recorded versions and as it may have been amended, located within the Town limits of the Town of Marana; and declaring an emergency COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2009.06: Relating to Development; rezoning approximately 2.06 acres of land located south of Cortaro Farms Road and east of Cerius Stravenue from R-36 (single-family residential -minimum lot size of 36,000 square feet) to NC (neighborhood commercial) for the QuikTrip Corporation Lisa Shafer addressed Council. The Mayor interrupted to declare the public hearing open. Ms. Shafer noted that MJM Consulting is requesting approval of a rezoning for QuikTrip and then moving forward with the annexation. She reported on the neighborhood meetings that she had attended a public hearing in April and the fact that there had been no opposition. She also noted that last week several protest letters were received. She also indicated that she contacted several of the protesters. This compilation information has been provided to Council. She also noted that this item requires a supermajority vote due to the protests. James Thomas, president of the homeowners' association at Cortaro Ranch spoke and referenced a presentation by QuikTrip earlier in the year and noted that there had been no negative comments expressed at that time. Martin Sepulveda representing Circle K noted that he had delivered protests to the Town Clerk. He noted 69 signatures opposing high traffic use in the Oshrin Park subdivision. His concern was the zoning. He indicated that he was not opposing QuikTrip from a competition standpoint. His concern was related to the process of having an annexation before the zoning issue could be considered. He referenced a legal case dealing with the process and procedure -from November 4, 1997 - where a Council adopted an ordinance to move forward with an annexation. He again referenced the zoning process and land use plan of 2007. He referenced Arizona Revised Statutes and asked Council to look at the process again. Council Member Comerford asked what Mr. Sepulveda's title was. She noted that he was not an attorney, but he indicated he represents Circle K in entitlements. Shauneen Washburn indicated that QuikTrip has been working with the neighbors from the beginning. She further indicated that Mr. Sepulveda came to her door and tried aggressively to get her to rescind her recommendation of QuikTrip and she questioned whether the 69 votes he got were intellectually based or study based, and indicated that she would love to have the traffic light. Farren HIeinfelter, Treasurer with the Cortaro Ranch homeowners' association, spoke in favor of QuikTrip. He indicated the positive benefits QuikTrip will bring to the neighborhood. Troy Hoyt, a resident of Oshrin Park, noted that QuikTrip had agreed to put in a signal light during a neighborhood meeting. Someone came to him a few weeks later and indicated that QuikTrip was going to do something other than what they originally indicated and he signed a paper, which he now believed to be erroneous in statement of fact. He believes that QuikTrip will honor their agreements and will be a good partner in the area. Martin Sepulveda asked to clarify a point that he was not contacting residents. The Mayor noted Council was out of public hearing. Council Member Clanagan asked Ms. Shafer to summarize the calls she made and findings after the protest letters were received. Ms. Shafer reported that she only looked at the Oshrin Park letters -not Cortaro Ranch. The 69 signatures represented 45 of the lots -multiple signatures for many lots. Twenty-eight came from owners, 17 came from renters. She focused on the owners only, calling 11. Two people that said they understood it was just the first two lots -they weren't really in favor of it -didn't need more development in the area. Said Circle K and Wal-Mart is there -didn't see a need for it. They were light neutral. One lady said it might help get her horses across the street (Cortaro). The other people all came and said that the person who came to their homes would not say who they represented. None of them knew who they were working for. One gentleman told her that he was told that they worked for Organization for the People of Oshrin Park -that was what the people were told. Ms. Shafer said she got different stories from just about everyone. That the whole area was going to be annexed that the town was going to change the zoning, that they were not going to be able to keep their way of life with horses that QuikTrip would hook up to sewer and they would all be required to hook up to sewer and pay $4,000 to do that. She left messages for a few more that had not returned her call. The next part of the question was directed to Mr. Cassidy, asking for legal opinion on the information provided by Mr. Sepulveda. Mr. Cassidy responded that the case in question is that he was the attorney of record for Wal-Mart in Blanchard v. City of Show Low which is why he believes this process is exactly legal. That case says that as long as the rezoning does not become effective until the annexation is effective that it's perfectly fine. The Court points out that the whole point is to make sure that all of the public hearings have occurred and the nice thing about doing it the way we're doing is that QuikTrip in this case gets the opportunity to know in an open session what the requirements are. One of the main criticisms of the pre-annexation development agreement kind of process is that people get the feeling that deals are being made behind closed doors. This process allows the rezoning process to occur up front. The rezoning does not become final though until after the annexation is final. He disagrees with Mr. Sepulveda in terms of the holding of the Blanchard case. Motion to approve moved by Council Member Clanagan, second by Council Member Posz Motion carried by a 6-0 Roll Call vote with Council Member Ziegler excusea~ A 2: PUBLIC HEARING: Ordinance No. 2009.07: Relating to Development; rezoning approximately 4.8 acres of land located on the east side of Breakers Road easement, approximately one-third of a mile south of Tangerine Road from `C' (Large Lot Zone) to `HI' (Heavy Industrial) for Advantage Materials The Mayor announced the meeting was open for public hearing. Kevin Kish presented this item. He noted that this property is currently subject to a code enforcement issue with the town and gave the history that brought this about. The current owner does intend to change this designation. He also noted the conditions of rezoning, including dedication of frontage property and paving Breaker's Road into the project. There are three other projects which he noted that have the same requirements along Breakers Road to pave the easement. The Planning Commission recommended unanimously approving the rezoning. Council Member Post asked about the piles of dirt. Mr. Kish responded that would be taken care of through their development plan. The intent is to move the materials currently onsite to a contractor's storage yard. Vice Mayor Kai noted two concerns with the rezone -rezoning to HI is a good process but he concern is that in talking with the neighbors, including Breakers, that HI zoning allows installation of a waste transfer station. He also indicated that in talks with The Planning Center, they would not allow that property to have a waste transfer station which could be detrimental regarding odor. He then noted the code violations with the earth and material on the property. He would like a timeline from the developer to move the materials off the property. He also asked if The Planning Center had any comments. Bob Conant from The Planning Center indicated that he would stipulate to the added condition on the property and for a timeline but he didn't know what that would be at this time. He thought they would need at least a year to move the material. Vice Mayor Kai noted that the Camino de Mariana project coming up might be able to use that material. Mr. Conant indicated they would work with the client. Council Member McGorray also noted that it looks like a mining operation without the hole. She asked if all of the product would be moved. Mr. Conant indicated that there would be some storage of the material but not to the extent that it is now. He responded that it couldn't come up above whatever fencing they'd need. The Mayor declared they were out of public hearing. Motion to approve, with added conditions of prohibiting a waste transfer station and a timeline of up to a year or two to get the material moved out, moved by Vice Mayor Kai, second by Council Member McGorray. Motion carried unanimously. 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 Keith Brann presented this item to Council and noted that on November 5, 2008 a presentation was made to Council on double-tracking and the agreement between Union Pacific and the Town. He gave a brief summary of the key points of the agreement. There were two changes made from the agreement shown to Council earlier. The original agreement was fora 10-year agreement with a 10-year extension. The current agreement is for 15 years with a 10-year extension due to the current economic situation. The other change in consideration of extending the term of the agreement is that projects must actually be moving forward. Motion to approve moved by Council Member McGorray, second by Vice Mayor Kai. Motion carried unanimously. A 4: Ordinance No. 2009.08: Relating to Transaction Privilege Tax; amending the Tax Code of the Town of Marana by increasing the tax rate on transient lodging by three percent; and establishing an effective date This was presented by Erik Montague, referencing the study session to Council a week ago where this item was proposed. Information was identified as to what types of businesses would be affected. An outreach effort was made to individuals possibly impacted by changes to the code. Additionally, the town will be providing direct contact by written letter to those individuals or businesses impacted by this change. He pointed out that this item was considered by the Business and Economic Development Citizen Advisory Commission on Apri121, 2009 and was recommended for approval. He noted that he was directed by Council to bring this item back for consideration at tonight's meeting. Motion to approve moved by Council Member McGorray, second by Council Member Comerford Motion carried unanimously. Motion to go into Executive Session on items AS and A6, moved by Council Member Clanagan, second by Council Member McGorray. Motion carried unanimously. Council left the dais at 8:25 p.m. Council returned to the dais at 8:50 p.m. A 5: Resolution No. 2009-76: Relating to Budget; approving and authorizing the Town Manager to use a methodology to identify options for organizational restructuring as a budget modification method for fiscal year 2010; and declaring an emergency Gilbert Davidson presented this item. He noted how proud he was of staff in approaching the challenges faced. He recognized several people for their hard work and diligence in moving the restructuring forward. He provided a brief overview including a few slides to reiterate the goals, the budget shortfall as of Apri128, how we are closing that gap, and the contingency plan for state reductions. Erik Montague then presented and noted what had been identified for Levels I, II and III reductions, and savings through adjustments and reductions and costs. Gilbert Davidson then discussed some of the Level III options regarding the $804K deficit still to be dealt with. He noted that staff rose to the challenge of monumental proportions by contributing through voluntary furlough - 132 employees donated back 917 days for a savings of $195,000; voluntary reduction in hours -six employees donated 1,820 hours fora $34,000 savings; voluntary Separation Incentive Plan including both early retirement and separation -six retirees and four resignations for $232K; and for key employees who cannot take time away from the job, 16 participants donated over $36K. The employees in total have donated nearly $SOOK. Every department contributed, and reduced the shortfall to $307K. The next step to be faced is that there is still a gap to be dealt with which will be accomplished through restructuring opportunities and still main critical services. He will be seeking concurrence on changes in public service, public safety and development services. This process will be included in the budget recommendation. He briefly went through the methodologies, including elimination of positions that will not affect critical services, span of control, consolidation, elimination of duplication, improved coordination of programs and services and responses, workload changes, positioning for the future and the five focus areas of the strategic plan and how as a community we can make that successful. He also noted items that could change the scenario at any given time. He again. noted that the state is still grappling with their budget issues that will impact cities and towns at some level. He also indicated that some positions will be at risk but could be dealt with under the WRAP program, if necessary. Staff will continue to monitor and analyze capital expenditures including fleet vehicles. If the state crisis is beyond anything we can manage internally, a mandatory furlough or layoff will be looked at as a last resort. He indicated that there has been some positive in this. He also noted that there should be caution in regard to limited use of the reserve account except as emergencies and for bond ratings. Council Member Comerford spoke about how fortunate the Council and the town is to have the staff who have given back. She also talked about the controversy of the Council raise. She pointed out that it was an ordinance that was brought to Council by a citizen committee. What the Council members can do is the same thing as the staff -decide to donate back. That is an individual decision based on every person's issues. She will be donating back her raise. Vice Mayor Kai has always said that he would donate back, and Council Member Ziegler has indicated in the past that she would donate back. She reiterated giving up her job at the school was a painful decision, but she wanted the public to understand that sacrifices are made from everyone, and she felt strongly that this was the time to put her energy into being a council member.. Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried by a 6-0 Roll Call vote with Council Member Ziegler excused A 6: Resolution No. 2009-79: Relating to Water; approving and authorizing the Mayor to execute a Purchase, Settlement and Termination Agreement with the Cortaro-Marana Irrigation District and the Cortaro Water Users' Association; and declaring an emergency This item was presented by Frank Cassidy after the executive session. He noted that this is a proposed settlement agreement between CMID/CWUA and the Town. The payment of $1.SM for settlement of all pending claims and the acquisition of seven wells and six well sites and a payment of $ l OK for possession of the wells and well sites during the negotiating period. Exhibit I which talks about the access to the sites -there was some concern by Sydney Smith that she wanted to make sure there was some flexibility on that. It was a specific list of access points that the town was asking CMID to quitclaim to us and she wanted a little time to consider this. Motion to approve, including any additional issues with Exhibit I, moved by Council Member Comerford, second by Council Member McGorray. Motion carried by a 6-0 Roll Call vote with Council Member Ziegler excused. BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2009-77: Relating to Boards, Committees and Commissions; approving and authorizing the re-appointments of John Soper and Joe Reilly to the Board of Directors of the Dove Mountain Resort Community Facilities District Mayor Honea presented this item. Motion to approve moved by Council Member Post, second by Council Member Comerford Motion carried unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Presented by Steve Huffman. He indicated to Council that the Legislature is proposing an $84M cut to cities and town, through vehicle license tax $108M from counties in that same tax in order to avoid a Constitutional requirement, a new mechanism to take money from towns and give money directly to local school districts which wouldn't require a 2/3 vote. He doesn't think this will happen, but the Legislature has gone to great lengths to get around the state Constitution. He thinks things will accelerate because they have to. He wants to set up a regular communication schedule with Council especially within the last month to be able to respond quickly to Legislative action. Council input will be critical. District legislators listen to town councils. 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. This item corresponds to item A. 5 above. 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. This item applies to item A. 6 above. 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 Council Member McGorray. Motion carried unanimously. The meeting was adjourned at 9:28 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 21, 2009. I further certify that ;nt. ce yn C ronson, Town Clerk