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HomeMy WebLinkAbout05/04/2010 Regular Council Meeting Minutes,~ ~~""~ ~~AI '~[A ~~ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 4, 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 7:00 p.m. Town Clerk Bronson called roll. All Council Members were present, except Council Member Post, who was excused. There was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Let by Mayor Honea. APPROVAL OF AGENDA Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried unanimously. CALL TO THE PUBLIC Charles Goddard, Melissa Rohlik, Richard Swartz and Pam Rappelius spoke in referenced to their concerns and opposition to the proposed landfill on property under consideration for annexation. Phyllis Farenga spoke regarding her requests for public records and an email response from a town employee denying her request for several reasons cited in the response. Ms. Farenga believes the town is withholding information by not providing the requested information which amounted to approximately 1700 emails using 23 key words and phrases which must be reviewed and redacted. Susan Busby spoke on behalf of Ms. Farenga's public records request and asked that the town comply with the records request dated March 15, 2010. Council Members Ziegler, Comerford and McGorray responded to Ms. Farenga that all of their emails were available for her to review. Council Member Comerford noted that she had received many emails from the public but none from other Council Members regarding the landfill. Mr. Davidson said that staff would review the request and response from 1 May 4, 2010 Council Meeting Minutes staff in regard to federal and state compliance. Council Member Ziegler commended the speakers on behalf of the landfill for their courteous behavior toward Council. PROCLAMATIONS Town Clerk Bronson read the proclamations and gave the Mountain View High School representatives the proclamation. Mountain View High School Future Business Leaders Proclamation Public Works Week Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan thanked staff and the Marana Police Department for their assistance during the Tour of the Tucson Mountains bike race. He noted that about 1300 cyclists participated in the three events. He stated that Marana is considered to be a cycling destination by many. He also reported that today he had the opportunity to attend Teacher Appreciation Day at Wheeler Abbett Library and thanked MUSD and town staff for all that they do for the children in our community. Council Member McGorray thanked the Chamber of Commerce for putting on the State of the Town address last Friday at the Ritz Carlton, noting about 350 people attended. Mayor Honea also reported on the State of the Town. He thanked many of the staff for their involvement in preparing a speech and the information you want to get out to the public. Rodney Campbell, Deb Thalasitis, Gilbert Davidson, Kevin Kish, Frank Cassidy, and Steve Huffinan all helped. There are many positive things happening in Marana even in these touch times. There are things to brag about that are special in our town. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported that the town received notification from Fitch Ratings which does bond ratings across the country that Marana, because of its fiscal management and policies adopted to manage the public's money, that the municipal property bond ratings climbed from A+ to AA- and the Tangerine Farms bonds for the improvement district moved from BBB+ to A- -- all moving in the upward direction. It's good to see that Marana is being recognized by a leading national agency for the way we are managing public funds. PRESENTAT-IONS CONSENT AGENDA Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried unanimously. C 1: Resolution No. 2010-40: Relating to Emergency Management; approving and authorizing the Mayor to execute the Arizona Mutual Aid Compact on behalf of the Town of Marana C 2: Resolution No. 2010-41: Relating to Intergovernmental Relations; approving and authorizing the Mayor to execute the first amendment to the intergovernmental agreement among the Town of Marana, Northwest Fire District and Marana Unified 2 May 4, 2010 Council Meeting Minutes School District No. 6 for development review and inspection, facility use and general cooperation C 3: Ordinance No. 2010.06: Relating to Mayor and Council; amending Town Code Section 2-5-5 ("Effective date of ordinances") to clarify which ordinances, resolutions and franchises require an emergency clause in order to be immediately operative; and designating an effective date C 4: Resolution No. 2010-42: Relating to Public Works; approving and authorizing the Mayor to execute an amendment to the intergovernmental agreement with the Regional Transportation Authority of Pima County concerning the design concept report for the Tangerine Road corridor C 5: Minutes of the April 13, 2010 special council meeting and the April 20, 2010 regular council meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2010-43: Relating to Parks and Recreation; formally recognizing and providing support and assistance to the Marana Heritage Conservancy in its efforts to preserve and enhance Marana's rich cultural heritage Presented by Tom Ellis and Ora Mae Harn. Mr. Ellis noted that Council had the foresight to include Heritage in the Marana Strategic Plan so that we can maintain the character of the community through our past, present and future. For the past several years, Ora Mae Harn, the town's ambassador of heritage, has been working with members of the community to develop the Conservancy. This is a nonprofit community- beneficial organization, whose goal is to educate, engage, research and recognize the importance of preserving and enhancing our great culture and history. The Conservancy has worked with the Parks & Recreation Department over the years, helping with Founders' Day, 4th of July, the Fall Heritage Festival, the grand opening of the Heritage Farm and dedicating the Juan Batista historical trail through Marana. They gained their 501 (c) 3 status, and they have a board of directors which meets regularly. He then introduced Ora Mae Harn to talk about the Conservancy and the resolution. Ms. Harn addressed Council expressing how important this day is for the Conservancy. This project grew for over two years before bringing it to Council for recognition. This project will make people proud of where Marana came from, educate children about the past and keep it alive through exhibits and demonstrations, archived materials and stories. She introduced several members of her committee, noting that John Officer, the president, was unable to attend. Mr. Davidson spoke to the diligence of Ms. Harn on this project. He explained the depth that she contributes to the community day in and day out. Tonight wouldn't be possible without her efforts on the detail and direction. Ms. Harn has been the leader of the volunteers who brought this to fruition through her championing of this project. She received applause and then stated how much she appreciated the honor. May 4, 2010 Council .Meeting Minutes Motion to approve moved by Council Member McGorray, second by Council Member Comerford. Motion carried unanimously. A 2: Resolution No. 2010-44: Relating to Economic Development; adopting the Marana Job Creation Incentive Program and authorizing the Town Manager to administer it Presented by Josh Wright. He noted that as part of the Economic Roadmap process which Council adopted on March 2, 2010, the MJCIP addresses three of the five. focus areas of the Roadmap and supports five strategies contained in the plan. Under the MJCIP, companies that choose to locate in Marana will be eligible to divert portions of the construction sales taxes generated from their facilities to other initiatives that will lower their overall cost of construction and benefit the community. Eligible companies must generate at least $52K in construction sales tax revenues and provide 25 jobs that pay at least $40K annually. These companies may then request reimbursements of the construction sales tax that their projects generate to support employee relocation to homes purchased in Marana, beautification along the Interstate 10 corridor and internship or training programs for high school or college students who reside in Marana. Mr. Wright noted several features of the project and stated that Elliott D. Pollack & Associates provided an analysis of the financial benefits to the Town which was placed on the dais tonight. The Business and Economic Develop Citizen Advisory Commission also held a special meeting last Thursday to review the plan and recommends approval. Council Member Ziegler asked when this would start if approved by Council tonight. Mr. Wright responded that there would be a Town Manager's group that would put this together with standardized forms and processes in a usable form within the 30-day notice and expire within three years. She then asked how this would get out into the community. Mr. Wright stated that there is a marketing component that needs to be addressed to get the word out to the business community. Council Member Ziegler said she was glad we're doing something positive to create jobs; it's a good plan and she thanked Mr. Wright for his diligence. Council Member Clanagan also gave kudos to the Manager and staff for creating this program. He, too, is concerned about the marketing aspect. Mr. Wright responded that this is a critical point. It will be incumbent upon the Manager's staff to work with local groups such as TREO and the Chamber and other economic development organizations that have ties to private industry. They will be able to help promote that word of mouth throughout the community and industry- based groups. Ed Stolmaker spoke to Council noting the Chamber's support of this program. Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried unanimously. A 3: Ordinance No. 2010.07: Relating to Finance; adopting the amended Town of Marana Comprehensive Fee Schedule and designating an effective date Presented by Josh Wright on behalf of Erik Montague. He noted that this item came before Council on March 30 during a special session. The main goal in coming before Council is to eliminate errors or consistencies and to make sure that the fees actually reflect the cost of doing business in the town and are in conformance with state regulations. There is one minor change dealing with solar or photovoltaic panels. A residential permit fee was proposed previously at $140, a decrease from what it is now 4 May 4, 2010 Council Meeting Minutes because it doesn't cost that much to review the permit. Staff would like to do the same thing for commercial - to pay a flat fee. He also mentioned that the Metropolitan Pima Alliance and SAHBA have been involved with the process to make sure their members are in agreement with the process used. Council Member Ziegler wanted to be sure that this process that would address the concerns of not charging the proper fees for programs such as with the $12 annual fee for the senior programs that went on and on for years so that we didn't recoup out costs. Mr. Wright said that staff spent a considerable amount of time to make sure that fees would pay for actual costs and the process involves the entire organization. Motion to approve moved by Council Member McGorray, second by Vice Mayor Kai. Motion carried unanimously. Resolution No. 2010-45: Relating to Finance; declaring the amended Town of Marana Comprehensive Fee Schedule as a public record filed with the Town Clerk Presented by Josh Wright on behalf of Erik Montague. Motion to approve moved by Council Member McGorray, second by ice Mayor Kai. Motion carried unanimously. Prior to the presentations by Frank Cassidy, Mayor Honea asked for an executive session on items A4 and A5. Motion to go into executive session moved by Council Member McGorray, second by Vice Mayor Kai. Motion carried unanimously. Council left the dais at 8:05 p.m. Council returned to the dais at 8:59 p.m. A 4: Resolution No. 2010-46: Relating to Water; approving and authorizing the Mayor to execute an amendment to and extension of the intergovernmental agreement between the City of Tucson and the Town of Marana regarding- Tucson Water service area within the town limits of the Town of Marana Presented by Frank Cassidy, noting that this item as proposed as an extension of the 2000 intergovernmental agreement (IGA) with the City of Tucson. That was afive-year IGA that ended in 2005. This amendment, if approved, would retroactively extend that IGA from 2006 through the end of 2012. The IGA commits the City to connect customers within its service area in the town limits, and the Town provides the water resource for those customers. In exchange, the City will work cooperatively with the Town to serve fringe areas -areas that are closer to the Tucson water pipes and are far distant from Marana pipes. In those fringe areas both parties would enter into interconnect or wheeling agreements which would be brought back to Council. With the fringe area agreements, anyone beyond the interconnect with the City would become Marana customers. Anybody inside the City's established area would continue to be City customers. This blows through the stalemate currently existing with Tucson water. Right now, they're refusing water hookups in the Town. This would push through that. Council Member Ziegler asked if the wheeling agreements would be brought back to each Council for consideration. Who approves first? Mr. Cassidy stated that the agreement has to be approved by both parties. Each Council would vote. There maybe areas where the Marana Council doesn't want to bother with a wheeling agreement in a certain area. 5 May 4, 2010 Council Meeting Minutes Motion to approve moved by Council Member Clanagan, second by Council Member McGorray. Motion carried unanimously. A 5: Resolution No. 2010-47: Relating to Public Works; approving and authorizing the Mayor to execute a Canal Undergrounding Agreement with Cortaro-Marana Irrigation District/Cortaro Water Users Association Frank Cassidy presented the item as a result of the Marana Mortuary and Cemetery wanting to move forward with their construction and realizing the CMID was concerned about the undergrounding of the canal next to the cemetery. About a year ago, the town entered into a development agreement with the cemetery which recognized that the CMID canal runs along the Barnett Channel. The Town anticipated that it would underground that channel at the time of the Barnett Channel and Linear Park construction. We did the same thing with the Marana Health Center project -both are next to the Barnett project. So the town has always recognized that it would do that but never made a commitment to CMID or anyone else to do that. When the cemetery came forward to begin construction, CMID came forward to resolve the issue, which this agreement does. It commits the town to underground these two segments of canal next to the cemetery and next to the Marana Health Center as part of the Barnett Channel and Linear Park project. One of the changes from the version you received in your packet and the final agreement deals with paragraphs 3 and 4. He presented the new language which he wants Council to approve. In paragraph 3 is says that CMID has to issue permits for the crossing of the canal even though it's not undergrounded at these locations. He highlighted the changes - in each case the developers (cemetery and Marana Health Center), those developers have to satisfy CMID that there is sufficient insurance to cover the fact that the canals remain open until the Barnett Channel goes forward before CMID will give a permit. Motion to approve moved by Council Member Ziegler, second by Council Member Clanagan with a change to items 3 and 4 in the agreement Mayor Honea and Council Member Clanagan voted aye. lice Mayor Rai and Council Member McGorray abstained, Council Members Ziegler and Comerford nay, motion failecb Council Member Comerford stated that she would change her `nay' to an `aye,' but wanted it very clear for the record that she was doing it for the benefit of the cemetery and the Marana Health Center. She further noted that CMID is not to dictate to this town who issues permits and who doesn't. Second vote after clarification from Mr. Cassidy on what constitutes conflict of interest for Vice Mayor Kai and Council Member McGorray. Town Clerk Bronson called the roll. Mayor Honea, lice Mayor Kai and Council Member Clanagan voted aye, Council Member McGorray abstained, and Council Members Comerford and Ziegler voted nay. Motion carried 3-2 with one abstention. 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, who noted that the Legislature is no longer in session. The regular session is officially done. There are several hundred bills sitting on the 6 May 4, 2010 Council Meeting Minutes Governor's desk right now and has until May 11 to make determinations on those, and he will report to Council after that time. Cities and Towns actually did fairly well in spite of all the financial problems. EXECUTIVE SESSIONS Motion to go into executive session on Item E3 moved by Council Member Ziegler, second by Mayor Honea. Motion carried unanimously. Council left the dais at 9:17 p.m. Council returned to the dais at 9:40 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 Frank Cassidy asked Council for authorization to proceed as discussed in .executive. session. Motion by Council Member Comerford, second by Council Member McGorray. Motion carried unanimously. FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Clanagan, second by Council Member Comerford. Motion carried unanimously. The meeting was adjourned at 9:40 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 4, 2010. I further certify present. ocel .Bronson, Town Clerk 7 May 4, 2010 Council Meeting Minutes