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Home My WebLink About08/04/2009 Regular Council Meeting Minutes~" ~A~I '1 ~~ TtHAV 4?i M4RS#,C REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 4, 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 COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:05 p.m. All present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion to approve moved by Council Member McGorray; second by Council Member Posz Motion carried unanimously. CALL TO THE PUBLIC David Morales spoke about BATNA. Phyllis Farenga spoke on general issues of significant land use planning in Marana Vista Estates. PRESENTATIONS P 1: Presentation: Relating to Development; presentation of proposed rezoning and development agreement for the Marana Mercantile project at Interstate 10 and Marana Road Presented by Frank Cassidy. The draft development agreement is to try to address how to pay for some of the improvements. He asked for Council feedback concerning main deal elements of the agreement, The developer is required to fund all of these improvements and then out of the sales tax from this project they would be repaid for the public improvements 100% of the cost of those improvements out of 45% of the sales tax. This has only been done one other time as part of the Marana Spectrum development at the Twin Peaks Interchange. This is an incentivized agreement if development occurs within 3 '/2 years within $SM of the construction cost -they are paid 5.5% interest on any unpaid balance. If the project is open four years after the agreement, then it drops to 4.5% interest and every six months it drops by a half percent interest to four percent or the prevailing rate for bonds. This would affect the interest rate the town would pay on bonds. Council Member Post asked about the roads and how they will all be built simultaneously. Mr. Cassidy responded that they would be required to build all the improvements on display. Council Member Post asked why other property owners weren't involved on the payback. He sees benefit by other landowners who are not asked to reimburse the town. Mr. Cassidy responded that as other developers come in for entitlements they would be asked to give their fair share. Vice Mayor Kai asked about sales tax reimbursement as a benefit to residents. He noted a north/south road that benefits. Mr. Cassidy noted that Shoefly Road is not a public road and they would not get reimbursed for that. Council Member Ziegler asked Mr. Racy who owns the land now. He responded by giving a brief presentation about how the development agreement elements came into being. Mr. Cassidy noted that Arizona law requires a municipality to publish before it adopts an agreement of this type. To meet the 14-day deadline, he will place the notice of intention on the consent calendar on August 18 to bring back the agreement in September. Motion by Council Member McGorray, second by Council Member Post to bring this item back at the August 18, 2009 meeting. Motion carried unanimously. P 2: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures, revising Chapter 5 -Work Rules, Policy 5-7 -Personnel Action Review Board (PARB) Presented by Suzanne Machain with a brief overview of the make-up of the Board and some of the changes that are related to changes to the citizen advisory commissions, including participation of a PARB member on another CAC. The Board would be made up of five members instead of primary or alternate members with their specific staggered terms -three members could be called upon at any time to be called to hear a case depending on availability. Tonight is a first reading and no action is required. Ms. Machain would like to bring back the changes back as well as applications at the August 18a` meeting. Motion by Council Member McGorray, second by Council Member Clanagan to bring this item back on August 18 for adoption. Passed unanimously. ANNOUNCEMENTS/UPDATES PROCLAMATIONS The Town Clerk read the proclamation. Mayor Honea noted the names of those persons receiving brick pavers in their honor. This will become a town policy that as town employees retire a brick with their name will be placed in the courtyard. Employees who have served the town for 20, 25 and 30 years -Lily Grijalva, Lt. Dale Bradshaw, Dan Sample and Judy Capen -were also honored. Brick Paver Dedication -Dan Groseclose, Larry:Ybarra, Lt. Dan Bourland and Sandy Groseclose. Employee Appreciation Week -all employees. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Post commented on the neighborhood of Amole Circle and commended the public works department and also the good work of the police department. Council Member Ziegler also commented favorably on the work of Chief Tometich and his department. Council Member McGorray reported on the ribbon cutting for Grumpy's Grill and commented on how much the new owners praised the town and the permitting process. Mayor Honea also went to the ribbon cutting and said that he had talked to the owners of Grumpy's who were very complimentary to the town for helping them open their business. Both Council Member McGorray and Mayor Honea praised the staff for their work. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson noted that he was glad to be home and again thanked the Council for allowing him to take time to attend the Harvard Kennedy School Senior Executives in State and Local Government Program in July. He thanked key staff who kept everything running while he was gone. He-noted that the Council Executive Report is part of the official record. Deb Thalasitis said she was back Mr. Davidson was back and is looking forward to the opportunities to take steps forward and grow as an organization due to the information he brought back. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously. C l: Resolution No. 2009-122: Relating to Community Development: approving and authorizing Intergovernmental Agreements with Pima County, the City of Tucson, and the Regional Transportation Authority of Pima County for sharing of cost involved in the provision of public transit services to the Town of Marana for fiscal year 2009-2010 C 2: Resolution No. 2009-123: Relating to the Marana Municipal Airport; approving and authorizing the Town Manager to execute a grant amendment to FAA 3-04-0058-14- 2006 increasing the maximum obligation of the Federal Aviation Administration by $751,188, from $5,007,921 to $5,759,109; and declaring an emergency Due to the emergency clause, this item required a roll call vote. Passed unanimously. COUNCIL ACTION A 1: Resolution No. 2009-124: Relating to Facilities; authorizing the naming of the stables at the Marana Heritage Park the "Brad DeSpain Stables" Ora Harn presented this item and remarked on the many years of service Brad has given to the town and how this sign which was made by members of the public works department and will commemorate his service and hopefully, bring him back to help at the Heritage House. Brad thanked Council for this honor and he expressed how much it means to him and his family. Motion to approve moved by Council Member McGorray, second by Vice Mayor %ai. Motion carried unanimously. A 2: PUBLIC HEARING: Resolution No. 2009-120: Relating to Development; confirming the Marana Planning Commission's decision approving a significant land use change to allow the retail sales and rental of construction and farming equipment by the Earhart Equipment Corporation at 13968 North Adonis Road Mayor Honea noted that the public hearing had already taken place on July 21 and tonight would not be a public hearing, but that he would allow members on each side of the issue to speak on this item. Lisa Shafter presented this item and noted that Council had directed staff to have additional meetings with neighbors, the developers and staff. She commented on the meetings and the representatives present and the views expressed. Phyllis M. Farenga spoke. She noted her address and some of her concerns about this development. She noted that constant vigilance to code enforcement and putting health and safety first instead of economic opportunity she thought this development could go forward. She noted that there was now a level of confidence to support the Earhart SLU -reluctantly -why reluctantly? The applicant has learned that once approved by Council, development department does not need to enforce their development code, but we have faith. Thank you. Council Member Ziegler asked Ms. Farenga why she said `reluctantly'. She asked if she had come to an agreement between both parties that she can live with. Ms. Farenga said she would try and live with it although she still doesn't feel it's a good match for the community and that the neighbors would be vigilant. Council Member Ziegler also expressed the fact that she, along with Council Member Post, had been remiss about Amole Circle and paying attention to what's been happening in that community and that more emphasis had been placed in Continental Ranch, Dove Mountain and Gladden Farms. She hoped that that would not be the case anymore. Motion to approve moved by Vice Mayor Kai, second by Council Member Posh Motion carried unanimously. Vice Mayor Kai thanked Ms. Farenga and the residents for stepping forward, and the staff and the developer for working together on this. A 3: Resolution No. 2009-125: Relating to Mayor and Council; cancelling the September 1, 2009 regular Council meeting. Mayor Honea suggested some options for meetings in lieu of this date Gilbert Davidson briefly addressed the reason for the cancellation. He suggested options for future meetings in September. Motion by Council Member Post, second by Council Member McGorray to cancel the September 1~ meeting unless staff determines there are issues to be considered. Motion carried unanimously. BOARDS, COMMISSIONS AND COMMITTEES Deb Thalasitis noted a correction to Exhibit A of Resolution No. 2009-126. Mayor Honea said that all three items would be considered with one vote, which would be a roll call vote due to the emergency clauses. Motion by Council Member Post, second by Council Member McGorray, as corrected. The Town Clerk called the roll Motion carried unanimously. B 1: Ordinance No. 2009.17: Relating to Land Development; amending Title 2 of the Town of Marana Land Development Code, section 02.02.01, relating to Planning Commission membership; and declaring an emergency B 2: Ordinance No. 2009.18: Relating to Boards, Commissions and Committees; amending chapter 2-6 of the Marana Town Code, specifically sections 2-6-2 and 2-6-3 relating to membership and appointments to Citizen Advisory Commissions; and declaring an emergency B 3: Resolution No. 2009-126: Relating to Boards, Commissions and Committees; approving procedures regarding membership, appointment and operation of Citizen Advisory Commissions; and declaring an emergency ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Steve Huffman presented the current status of bills and the state budget process. EXECUTIVE SESSIONS Motion by Council Member Post, second by Council Member Comerford to go into executive session regarding item ES. Motion carried unanimously. Council left the dais at 8:21 p.m. Council returned to the dais at 8:30 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 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 E 4: Executive Session pursuant to A.R.S. § 38-431.03(A)(4) and (7) to consider the town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Camino de Marana & Dove Mountain Extension project, CIP number 2001-052, from the parcels of property generally identified as Pima County Assessor's parcel numbers 216-02-0150, 216-26-003A and 216-23-0720 E 5: Executive session pursuant to A.R.S. § 38-431.03(A)(4) to consider the Town's position and instruct the Town's attorneys regarding a potential settlement of the case entitled Town of Marana v. Morrison, Pima County Superior Court No. 020080781, involving the exercise of the power of eminent domain to acquire a waterline easement from property located at 10210 North Silverbell Road Frank Cassidy noted the terms of the settlement agreement. Upon motion by Council Member Post, second by Council Member McGorray, staff was directed to proceed as discussed in executive session regarding the potential settlement Motion carried unanimously. FUTURE AGENDA ITEMS Deb Thalasitis noted that the items related to the Citizen Advisory Commissions require appointments, and asked if Council would like to schedule an executive session for interviews or if they were comfortable making appointments based on the applications on hand. After general discussion, it was decided to place the item on the August 18th agenda for appointments. An executive session will also be on the agenda should Council decide to interview any of the candidates. The Town Clerk will notify the applicants regarding the August 18th meeting. ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Vice Mayor Kai. Motion carried unanimously. The meeting was adjourned at 8:34 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 4, 2009. I further certify that a quorum was present. celyn C ronson, Town Clerk