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SPECIAL COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, March 30, 2010, at or after 6:00 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
SPECIAL COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
Mayor Honea called the meeting to order at 6:00 p.m.
Town Clerk Bronson called roll. All Council Members were present.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
Led by Mayor Honea. Council Member Comerford noted that the crossing guard at
Coyote Trail Elementary, Mr. Colish, had passed and asked that he be remembered.
Mayor Honea addressed the public, noting that Council was now conducting Council
meetings with a paperless agenda and with computers at a cost savings to the town of
nearly $1400 per year. He asked for the public patience as Council Members transitioned
to this new format.
APPROVAL OF AGENDA
Motion to approve moved by Council Member Post, second by Council Member
McGorray. Motion carried unanimously.
CALL TO THE PUBLIC
Joan Travis-Triumph from Avra Vista Estates spoke regarding the proposed landfill,
noting her concerns regarding safety and health of her family by putting a landfill on top
of an aquifer and asked Council stop the landfill and research it more thoroughly.
Jens T. Hill from Silverbell West addressed Council and noted his concerns and those of
his community, specifically regarding the aquifer, of the proposed landfill.
Richard Swartz spoke on behalf of the Concerned Citizens of the Proposed Landfill,
noting that his group had an entry in the Founders' Day parade. He believes that their
statement was not completely read as it passed by the reviewing stands, which was to
March 30, 2010 Council Meeting Minutes
express concern over the future quality of the water as it relates to the proposal landfill.
He further expressed the group's concern over the proposed landfill and asked Marana
officials to remain committed to the future of the citizens and not contaminate the
aquifer.
Charles Goddard, Jr. addressed Council regarding his opposition to the regional
landfill, noting location in the middle of an active floodplain -the Brawley Wash has no
denoted floodway to accommodate development and/or rezoning. He raised several
concerns, including overland transport and environmental consequences to people in the
area. He feels there is much ambiguity in the special plan -according to professional
analysis done by several people whom he noted.
Steve Storzer spoke to Council regarding his concern over the landfill, including his
personal experience with groundwater contamination. He noted that several of his family
members had experienced death and severe health problems resulting from what he
believes to be drinking contaminated groundwater in an area south of Tucson. He
believes that a landfill in the proposed area is too great a risk, and that some day a liner
will leak and toxins will contaminate the ground.
Jimmy Hart spoke regarding the elimination of the Marana Parks After School Program.
His expressed his concern that children will bear the brunt of the economic downturn,
including his own children. Because of the cost of other programs, people will have to
make a choice between paying higher costs for child care or spending money at local
businesses. He suggested increasing the cost of the programs by 400-500% each
semester.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Vice Mayor Kai reported that he had talked to Barbara Johnson and that she is very .
optimistic about her recovery.
Council Member Clanagan reported on his experience with the MPA Wild Ride to the
UA technology center. He noted that this was the first time he had had an opportunity to
tour the facility and he was very impressed -especially with the number of employees -
over 3,000 -and the high wages -averaging in excess of $80K. He also noted that the
Vail school district is building an academy near the center so that their students can
partner with major employers located there. He will share some of the information at the
next Council meeting.
Council Member Ziegler thanked staff for going electronic with the Council agendas.
She attended Russell Dove's memorial service last Saturday.
Council Member McGorray attended Founders'Day and rode in the parade with three
generations from her family.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
P 1: Presentation: Relating to 33rd Annual Founders' Day event held March 20, 2010 in
Ora Mae Harn Park
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March 30, 2010 Council Meeting Minutes
Presented by Tom Ellis, Parks & Recreation Director. Mr. Ellis showed slides from
some of the exhibits and events, including the "Take Me Fishing" grant project that
stocked about 700 catfish and blue gill in the swimming pool. Over 300 fish went home.
Over 45 volunteers from area businesses worked all day at this event. He also reported
that over 64 vendors participated this year -many sold out before the end of the event.
He highlighted many of the events occurring in the park serving the estimated 3000
attendees. This year they sold a bracelet for $10 for amusements - 324 bracelets were
sold. More than 500 bike helmets, booster seats and over 100 gun locks passed out to
parents. Other partners did face painting, petting zoos and a car show, beauty exhibits and
football and Little League competitions. He listed all of the sponsors, whom he thanked
for their generous contributions. The budget was $7500, half of what is normally spent,
and he expects to come in with the final tally at $7300. He further indicated that he wants
to expand Founders' Day and plans to bring a proposal before Council for consideration
to move Founders' Day to October for 2011 which would give staff approximately 18
months to prepare for.
P 2: Presentation: Relating to Finance; discussion and direction regarding proposed
adjustments to the Town of Marana's comprehensive fee schedule
Presented by Erik Montague and Josh Wright. Mr. Montague noted that this is the
first update in the annual process which began in December 2009. The focus is a cost of
service approach which intends to see cost recovery. One important note is that there is
no attempt to balance the town's budget with these charges for services. He noted that
staff had worked with SAHBA and MPA. Council asked several questions and asked for
clarifications regarding specific fees which Mr. Montague, Mr. Wright and Mr. Davidson
responded to. Some fees needed to be eliminated and some needed to be increased.
Motion to direct staff to prepare an ordinance for adoption of the proposed adjustments
to the comprehensive fee schedule for consideration by the Mayor and Council at a
future regular meeting moved by Council Member McGorray, second by Council
Member Ziegler. Motion carried unanimously.
P 3: Presentation: Relating to Budget: Final revenue projections for fiscal year 2010-
2011
Presented by Erik Montague general revenue projects, noting that he was before Council
in early February: The purpose of tonight's meeting is to revisit those numbers. The
focus is on the general fund although there are other revenue sources and important funds
to the town. He discussed current year variances and then gave an overview of what he
calls the "big three" revenues -transaction privilege taxes (TPT), state shared revenues,
and licenses, fees & permits. He then presented a 2010-11 revenue summary showing
about a three percent decrease in projected revenues of -10.4% versus 2009-10 of -7.2%.
He also noted that projected revenue is subject to change as a result of changes to fee
structures and service levels during the 2011 process. He noted that possible impacts on
projections could come from fee changes, service level changes and state shared
revenues.
CONSENT AGENDA
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March 30, 2010 Council Meeting Minutes
Motion to approve moved by Council Member Comerford, second by Council Member
McGorray to approve the ConsentAgenda. Item C3 requires a roll call vote due to the
emergency clause. Town Clerk Bronson called rolb All Council Members voted in
favor of passing the Consent Agenda.
C 1: Resolution No. 2010-31: Relating to Utilities; approving and authorizing the
Mayor to execute cone-year extension of the intergovernmental agreement between the
Town of Marana and Pima County for provision of water consumption data and sewer
user account billing services
C 2: Resolution No. 2010-32: Relating to Technology Services; approving and
authorizing the Finance Director to execute a Professional and Technical Services
Agreement with TransWorld Network, Corp. for the purpose of providing
WAN/Networking services to the Town; and declaring an emergency
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
B 1: Presentation: Relating to Boards, Commissions and Committees; discussion and
direction regarding proposed ordinances regulating 1) pawn shops, secondhand dealers
and scrap metal dealers and 2) massage establishments
Presented by Mike Lektorich, chairman of the Police Citizen Advisory Commission.
Mr. Lektorich also introduced the members of the commission present including Gary
Nicholl, Jim Shaw, and Stephanie Ashcraft. Mr. Lektorich asked Council to consider
directing staff to prepare two ordinances -one relating to pawn shops, secondhand
dealers and scrap metal dealers. Although at the present time there are no pawn shops or
scrap metal dealers, Mr. Lektorich stated that his commission believes it is in the best
interests of the town to put something in place now before there is a problem if that
activity is anticipated. He also asked Council to consider a per transaction fee on the
pawnshop dealers to alleviate some of the costs to the police department costs. Many
other cities do have a fee and a requirement by law to report to the police. Phoenix
charges a $3 fee; Flagstaff $2 and Peoria charges $3. He further noted that although
these are legitimate businesses, the police department has solved several burglaries
recently by checking through the pawn shops. It's not the businesses that are doing it, it's
that the criminals are using the business as a conduit. Currently, there are two
secondhand shops in Marana -Game Stop and Bookmans. For those establishments,
Council is-being asked to require age limits and identification on an individual who is
selling or trading any items there. The second ordinance would deal with massage
parlors. There are several in town, and it's reasonable to assume that those businesses
will grow as the town grows. The therapists are licensed by the state, and many are
legitimate, but the police department has received reports that there maybe illegal
activity going on there as well. The commission believes that a strong ordinance would
provide procedures for the police department to properly enforce the requirements on
those establishments. He then asked for questions. Council Member McGorray asked
if the Cotton Blossom Thrift Store would fall under the category of a secondhand store.
It was noted that it only applies to businesses that take in money or trade items. Mayor
Honea asked the police commission members to stand and be recognized. He noted that
many members of the community give of their time, and the Council appreciates what
they do.
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March 30, 2010 Council Meeting Minutes
Motion to direct staff to draft an ordinance regulating pawn shops, secondhand dealers
and scrap metal dealers and an ordinance regulating massage establishments and to
bring those ordinances back to Council at a later date for possible Council action
moved by Council. Member Clanagan to direct staff to draft an ordinance regulating
pawn shops, secondhand dealers and scrap metal dealers and an ordinance regulating
massage establishments and to bring those ordinances back to Council at a later date
for possible Council action, second by Vice Mayor Kia. Motion carried unanimously.
COUNCIL ACTION
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all
pending state and federal legislation and report on recent meetings of other legislative
bodies
Presented by Steve Huffman. Cuts have been headed off in state shared revenues. One
of the down sides of the budget that was passed was that the Legislature permanently
eliminated the LTAP I and II programs, transit and transportation programs for local
governments. While the Legislature may not reinstate the funding, they're talking about
passing cleanup language during this session to at least reinstate the programs so that
when revenues do start coming in again, the programs won't be completely wiped out. In
regard to prime contracting and TPT collections, there was a bill introduced by Rep.
Murphy, chair of the Ways and Means Committee, where he contemplated completely
restructuring the prime contracting sales tax by turning it into a use tax which would wipe
out that source of revenue for the state and cities and towns. Mr. Huffinan participated in
a meeting with Chairman Murphy and several other cities and towns to go through the
impacts of this. The bill is about 90% dead. Chairman Murphy did completely take cities
and towns out of his legislation. It passed out of the House today without the provisions
impacting cities and towns, although it's still calculated to be a half billion dollar impact
on the state general fund, which actually creates problems for us down the road. We've
already begun discussions with the Governor's office and with the Senate. He feels that
this bill won't see the light of day. So far, there's been some success on eliminating bills
that could have significant negative impacts on the town of Marana as well as other cities
and towns in the state.
There are still significant bills going through the Legislature that could have impacts on
the town. First, there are two bills that are moving toward the Senate dealing with impact
fees. One bill would propose creating a new proportional system for calculating
maximum impact fees -hopefully we'll be able to kill that. The second would establish
time limits under which once you start collecting impact fees, you have to spend them or
return them to the folks that paid them. In a normal boom economy that might work, but
in the current environment, it could be several years before a town could accumulate the
funds necessary to build the infrastructure to move those projects forward. There are four
bills that attempt to change different aspects of the use of eminent domain. One other
issue that came up today is an illegal immigration bill that creates problems for law
enforcement and creates a private right of action that any citizen could take against a
municipality that could generate thousands of dollars in fines and penalties. This current
session of the Legislature could be finished around the beginning of May, so there's quite
a bit of work left to do to keep on top of these issues.
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March 30, 2010 Council Meeting Minutes
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
FUTURE AGENDA ITEMS
ADJOURNMENT
Motion to adjourn moved by Council Member McGorray, second by Council Member
Clanagan. Motion carried unanimously.
The meeting was adjourned at 7:27 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council meeting held on March 30, 2010. I further certify that a uorum was present.
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March 30, 2010 Council Meeting Minutes