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Home My WebLink About04/06/2010 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 6, 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 the roll. All Council Members were present except Vice Mayor Kai, who was excused. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Mayor Honea led the pledge of allegiance and asked for a moment of silence. APPROVAL OF AGENDA Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried unanimously 6-0. CALL TO THE PUBLIC There were no speaker cards presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported that he and Council Member McGorray had attended funeral services for Alice Eckstrom, a prominent community activist in South Tucson and wife of former County Supervisor Dan Eckstrom. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson reported on the upcoming budget open houses regarding the upcoming budget impacts at 6:30 p.m. on April 7 at the municipal complex and April 8 at Rattlesnake Ridge School. He also reported that the town received a Diamond Level Partnered Project For the Year for the Silverbell Road Sanitary Sewer Interceptor Project. Granite Construction was a co-recipient with the town. This project also won a Common Ground award from the Metropolitan Pima Alliance and also the Marvin M. Black award. April 6, 2010 Council Meeting Minutes It's a great tribute to the town and the employees of the capital improvement program team. PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Comerford, second by Council Member Posh Motion carried unanimously. C 1: Resolution No. 2010-33: Relating to Community Development; authorizing the Town Manager to apply for funding from the Water Infrastructure Finance Authority of Arizona to fund planning and design for water distribution line replacement in the Marana Estates neighborhood C 2: Resolution No. 2010-34: Relating to Town Facilities; authorizing the town manager or the town manager's designee to take all actions on behalf of the town that are necessary or prudent to facilitate the provision of public utilities to lands, structures, or facilities owned by the Town of Marana, including without limitation the execution of an electrical right-of--way easement across the Dove Mountain trailhead parking lot C 3: Minutes of the March 9, 2010 special council meeting and March 16, 2010 regular council meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the Muscular Dystrophy Association of Southern Arizona on behalf of Harley-Davidson of Tucson, 7355 N. I-10 East Bound Frontage Road for a charitable fundraiser Jocelyn Bronson reported that staff had reviewed the application and recommended Council approval. Motion to approve moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously 6-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Relating to Annexation; public hearing to discuss and consider an application by the property owners to annex approximately 1,200 acres of land located predominantly north of Avra Valley Road, approximately one-mile east of Trico Road and southwest of Silverbell Road Kevin Kish presented this item to Council. This was brought before Council as an informational item several months ago. He discussed the translated RD-180 zoning of this property if it were to go forward, the road and bridge that the town would pick up for maintenance. An analysis of the bridge structure will come to Council before bringing this forward for adoption. Mr. Kish also noted that this property is within the planning area. This is the public hearing tonight, and there is a rezoning - a specific plan going through the system -that's running through the system, through commission, for a landfill on a portion of this site -the northern portion. Tonight is to look at the 2 April 6, 2010 Council Meeting Minutes annexation to see if the Council is ready to bring the property into the town so that the rezoning can move forward. The blank petition was filed with the County on March 16. Council Member McGorray asked Mr. Kish is there was a development agreement coming along with this before it went to P & Z. Mr. Kish responded that on the proposed rezoning, staff is in discussion with applicants on a development agreement for the landfill, so there is one being developed. Discussions are with the applicants of the rezoning area and the town attorney and management staff. Mayor Honea then announced that there is no vote -this is just a public hearing tonight. There is athree-minute limit for each speaker. The following individuals spoke against the proposed .annexation as it relates to a use for a landfill, The comments were in opposition to the landfill proposed for the annexed property and ranged from traffic and road safety necessary move trash along Avra Valley Road to the proposed landfill site, to groundwater contamination, and reduction in property values. Richard Swartz, Jens T. Hill, Bob Spencer, Annie Shellberg, Steve Storzer, Janice Mitich, Kris James, Pam Puppelius, Robin Meissner, Elaine Ramirez, Charles Goddard, Jr., Janay Young and Melissa Rohlik. Pat McElroy submitted a speaker card, stating his opposition to the intended landfill, but chose not to speak. Handouts, including a list of homeowners opposed to the landfill, and photos of a potentially affected area were given to the Town Clerk for the record. Mayor Honea closed the public hearing. 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 Steve Huffman gave a brief report, noting that the Legislature is continuing to process bills. There is a bill that was killed twice and are fighting for a third time -something that can be expected during the next two or three weeks. For now, the budget is settled for this legislative session pending something unexpected. Council Member McGorray asked a question regarding HB 2596, free exercise of religion. Her question was how siting a church in an entertainment district will restrict liquor licenses in that area. Mr. Kish reported that this legislation is really coming out of Yuma, where they do have an entertainment district. This could potentially affect Marana when we do build a main street. 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 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 (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 April 6, 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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member Comerford. Motion carried unanimously 6-0. The meeting was adjourned at 7:53 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on Apri16, 2010. I further certify that a quorum was present. J celyn C. onson, Town Clerk 4 April 6, 2010 Council Meeting Minutes