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HomeMy WebLinkAbout02/16/2010 Regular Council Meeting Minutes_ ii '~/~r~`~ w 1 ~~~A Y ~ V w REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 16, 2010, 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 7:01 p.m. Town Clerk Bronson called roll. All Council Members were present except Council Member McGorray, who was excused. A quorum was present. 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 Posh Motion carried unanimously. CALL TO THE PUBLIC Jolene Campbell reported on the first Marana Can Do SK which was held February 6, 2010 at Ora Mae Harn Park. Jolene noted that the event surpassed expectations in the number of registrants and the amount of food and money donated -all of which was to benefit the Marana Food Bank. Due to the success of this first event, she anticipates that this will become an annual event. Sharyl Cummings addressed Council and stated that although she does not live within the corporate limits of Marana, she feels that she is part of this community, and wanted to let Council know that she voted in favor of the MUSD override. Steve Blomquist also addressed Council with regard to the recent Court decision overturning Marana's motion to dismiss the lawsuit he filed against the town regarding trespassing charges on Saguaro Ranch property.. February 16, 2010 Council Meeting Minutes PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler went to the practice round at Match Play yesterday. Mayor Honea attended today's practice round at Match Play. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Deb Thalasitis noted that the new Crossroads District Park will celebrate its official opening this Saturday beginning at 10:00 a.m. and invited everyone to come out and join the day-long events. PRESENTATIONS CONSENT AGENDA LIQUOR LICENSES Ms. Bronson introduced both items, stating that these applications had been reviewed by staff, she had received no protests, and staff was recommending Council approval. Motion to approve moved by Council Member Post, second by Council Member Clanagan, both items were approved unanimously. L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series 5 (Government) liquor license application submitted by Evelyne Renee Claire Thorpe on behalf of Mike Jacobs Sports Park, located at 6901 W. Casa Grande Highway L 2: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license applications submitted by the TUSD Amigos de la Danza on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for the dance troupe BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2010-16: Relating to Personnel; approving and authorizing staff to implement the Separation Incentive Plan (SIP) for fiscal year 2011; and declaring an emergency A 2: Resolution No. 2010-17: Relating to Personnel; authorizing staff to implement a sabbatical program for fiscal year 2011; and declaring an emergency A 3: Resolution No. 2010-18: Relating to Personnel; approving and adopting amendments to the Worker Recession Assignment Program (WRAP) Items A 1 through A 3 were presented to Council at the February 9, 2010 meeting. Due to the absence of two Council Members and the emergency clauses requiring a supermajority vote, the items were continued for vote at the February 16, 2010 meeting. 2 February 16, 2010 Council Meeting Minutes Motion to approve moved by Council Member Clanagan, second by Council Member Ziegler, all items were unanimously approved by way of a roll call vote. A 4: Resolution No. 2010-19: Relating to Development; approving and authorizing the Mayor to execute a Barnett Channel Excavation Development Agreement with Reyher Partnership and Marana 348 Limited Partnership Presented by Frank Cassidy. He noted that this item relates to taking excavated dirt from the Barnett Channel drainage project to be used elsewhere. The applicant will remove the dirt at no cost to the town. Mr. Cassidy did note, however, that removing this dirt may leave the town without a ready source for fill for future town projects, possibly requiring the town to find another fill source at a higher cost. This cost maybe offset in the short term by not having to pay for the excavation, which Keith Brann estimated would be in the neighborhood of $300K. Council Member Post asked if this dirt had been promised to other parties. Staff responded that any parties who had anticipated using this excavated dirt had been advised that it would be on a first come, first served basis. Council Member Ziegler continued the question and noted her reservations if the dirt had been promised other than through this agreement before Council. She expressed concern that all other parties should be notified of this agreement. Staff again stated that the early discussions with any interested parties had always been on a first come, first served basis. Council Member Post wanted to reiterate that he's not opposed to Mr. Wexler's group taking the dirt. He just wants to make sure that the town hasn't told a lot of people who are counting on the dirt that it's not available. Council Member Comerford noted that this is an economic development issue, and there are so many variables with the excavation forward. Mr. Davidson noted that this item could back to Council at a later date after staff prepares an analysis of what's already been promised, and the potential volume that remains and other potential users. Mayor Honea asked if the applicant anticipated using the dirt right away. When the town made the first come, first served offer -whoever takes the first saves us time and money down the road. The more people we can get to come in in a timely manner and takes the dirt now moves us closer to starting and completing our projects. Council Member Ziegler noted that she wasn't so concerned about the dirt. She's worried about the town. It sounds like a good deal on paper, but if the landowners and people we've talked to in the past who had a plan to use that dirt, we maybe setting ourselves up for a lawsuit because we made promises or innuendos we've made or secondly, she is worried about the cost being a moving target. Also, if the town has to eventually go out and buy dirt for a higher cost, there could be a delta that maybe detrimental to the town. Vice Mayor Kai stated that we need that channel, not a channel that goes nowhere. We need to figure out how to get the channel to the west in case of a flood - to make plans to make sure this goes forward. Mr. Davidson stated that there is ongoing staff review and analysis. Motion to approve moved by Council Member Post, second by Council Member Clanagan. Motion passed S-1 with Council Member Ziegler voting `nay.' ITEMS FOR DISCUSSION/POSSIBLE ACTION 3 February 16, 2010 Council Meeting Minutes D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Presented by Steve Huffman. He reported that the Legislature finished its sixth special session. They still not resolve this year's current budget shortfall. There was disagreement as to some debt rollover for K-12 education, university education, so the Legislature has in front of it trying to resolve a shortfall of up to $300M and half a billion dollars for this fiscal year. We're still looking at about a $3.SB shortfall for next fiscal year. One of the things to keep in mind is that the voters of Arizona will be asked on May 18 to vote on a one center sales tax increase. This addition to the sales tax will go exclusively to the state, so there will not be the traditional revenue sharing agreement like we have with the other five cents of the sale tax with cities and counties, so you maybe asked either by the Governor or by folks in the town where you are on the sales tax election. The good news about that is we will know one way or the other what the voters are going to decide before the beginning of the next fiscal year. We could either have a really big problem or a kind of big problem. The one cent addition to the sales tax will result in about $1 B in additional revenue to the state, so that will still leave us with a pretty sizable gap of about $2.SB. In terms of bills going through the Legislature right now, next week is important because it's the last week the Legislature has to hear bills in the house of original. Any bills introduced in the Senate will have to be heard by the end of next week. That will be helpful to us because it will help us separate the living from the dead in terms of really bad bills that aren't going forward or that are still alive. We've seen bills putting additional requirements on local governments. We saw bills that were preempting cities and towns from preventing people from carrying firearms in parks - there were a lot of bills like that dealing with preemptions against local governments. We are actively working with the League and folks like Mr. Racy who are representing us in the Legislature to try to sift through those bills and make sure that we're representing the positions that Council has taken with our legislative agenda. We are still waiting to see what the Legislature does to resolve this fiscal year and any plans that come up to deal with next fiscal year. EXECUTIVE SESSIONS Motion to go into executive session on item E 2 by Council Member Post, second by Council Member Clanagan. Motion carried unanimously. Council left the dais at 7:38 p.m. Council returned to the dais at 8:26 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 4 February 16, 2010 Council Meeting Minutes 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 8:26 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes oft .e Marana Town Council meeting held on February 16, 2010. I further certify tl~ ~ s present. :~~~~q~urrry~ 'i l~r ~R~ f i ocelyn .Bronson, Town Clerk "' ~ S~j, 3 ~i_ a4~~~uruu~~,~ ~~ 5 February 16, 2010 Council Meeting Minutes