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HomeMy WebLinkAbout06/01/2010 Regular Council Meeting Minutes~~ A~~ r~;.~ 4,.,~.~ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 1, 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 7:04 p.m. Deputy Town Clerk Ruiz called roll. All Council Members were present except Council Member Patti Comerford, who was excused. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Mayor Honea led the pledge and moment of silence. APPROVAL OF AGENDA Motion to approve moved by Council Member McGorray, second by Council Member Clanagan. Motion carried unanimously 6-0. CALL TO THE PUBLIC Mario Williams, 8150 Marstellar Road, spoke regarding the M.P.O.A. contract. Mr. Williams thanked Mr. Post, Mr. Clanagan and Mrs. McGorray for the time they took to speak to him regarding the M.P.O.A. contract. He wants to build a partnership with the town to make it a better place for all. He asked for Council to be fair and equal on both sides. Council Member Ziegler responded that she has not heard from anyone in the department up until today. There has been ample time spent negotiating and that she needs for the M.P.O.A. to send direct to the point requests to her and then she would sit with them and discuss the issues. David Morales, 13420 W. Price Ln., addressed council regarding a landfill shortage issue. He wants for council to have a plan in place for when the Tangerine Landfill closes. Pam Ruppelius, 12232 N. Hong St, spoke in opposition of the proposed landfill. She wanted to dispel any beliefs held by council members that her group should not be 1 June 1, 2010 Council Meeting Minutes speaking at town council meetings because they are not Marana citizens. Ms. Ruppelius stated that the council ensured their position as outsiders when they annexed only the land necessary for the planned landfill and excluded the nearby neighbors. The landfill will affect them for the next 75 years and that property values will be decreased even though Mr. Racy said they wouldn't. She sent an email to Council Member Comerford a week ago and has not heard back. She asked Council Member Clanagan how they can present the facts to them without any response from council members. Council Member Ziegler responded to the first comment and said that she has never said there is a problem with her group coming to council meetings. Council Member Ziegler asked Ms. Ruppelius if the group has asked to be annexed into the town. Ms. Ruppelius stated that they are working on that process now. Council Member Clanagan then stated that they held meetings and that only one resident from the area that showed up at the meetings to discuss the issue. He stated that to his knowledge there have been attempts to set up additional meetings but he was told that no one wants to meet. Council Member Clanagan said that if this group wants to be heard that they will need to get together with the Planning Center, Mr. Racy and anyone else who gives them an opportunity to be heard. Council Member Ziegler added that Ms. Ruppelius' group has always been very respectful to Council, unlike the group from Saguaro Ranch. Steve Storzer, 12245 N. Kalama Circle, addressed Council regarding his opposition on the proposed landfill annexation ordinance that was approved in May. Mr. Storzer stated that there are probably negative consequences to the approval of that annexation. He believes that some politicians' agendas are more important than the people and that the will of the people is secondary. He added that other politicians follow the will of those that provide campaign funds and donations while some blindly follow their leader because they can't stand on their own and yet others face recall when they refuse the will of the people. Mr. Storzer does not believe the rationalization used by some council members when they approved the annexation. He said that those council members went against the will of the majority and referenced the special council meeting on January 12, 2010. He reminded Council that they work for the people and not anyone else. Council Member Ziegler responded that she funded her own campaign in 2007 because she does not want to be told that she is being led by someone. She stated that Mr. Storzer has a lot of misinformation and that she voted for that land to be annexed period. She said that she did not hear about the landfill in January. Mr. Storzer stated that the minutes from the January 12 minutes show her present and that the presentation was made to the council that night. He said he is not finding fault with that but is saying that everyone knew that the intent was the landfill and that the intent of the annexation is to go one more step towards the landfill. Melissa Rohlik, 12200 N. Kalama Circle, began by stating that in the May 26, 2010 P&Z minutes, Commissioner Schisler asked Mr. Racy if the issue alluded to `trucking in trash' was being considered. Mr. Racy answered `that is something that is being considered. There are federal laws on that as well. This is being designed and permitted for waste from this region and not to be transmitted in from out of state.' Ms. Rohlik believes that Mr. Racy, was referring to the commerce clause. She asked Council how they can vote on something as crucial as placing a dump this size over the only rising aquifer when they are being given clouded information. She urged for Council to reconsider the landfill approval. 2 June 1, 2010 Council Meeting Minutes Council Member Ziegler responded stating that she was not being combative but that she was just addressing inaccurate things. She said that she asked Mr. Racy about trash being brought in from outside areas and that the answer she got was "why would we do that if it is not cost effective?" but he did not answer the question. She urged everyone to pursue an answer to this issue if it got that far. Thomas Hill, 12320 N. Insun St., addressed council regarding his opposition for the landfill. He said that a few weeks back a member of council suggested that the No Marana Dump Coalition stop wasting council's time with misinformation on the landfill issue and seek expert advice. He said that he is confused on whose expertise they should obtain. Mr. Hill said that the information they have provided to council has paralleled that of DKL's holdings information or has directly contradicted it. He said that both DKL holdings and his neighborhood both have a vested interest in whether or not this landfill goes in. Council Member Clanagan asked Mr. Hill to name the member of council who suggested they stop wasting council's time. Mr. Hill stated that he would not name any names and that the council member who made the comment knew who they were. Council Member Ziegler responded that she did vote for the annexation of that land but said that there are many agencies that Mr. Racy and his group must go through before it gets approved. She said these agencies are the experts and that she does not think that they can get through all of these agencies. She believes that there are so many places that could shut this down and it will be the experts who shut it down, not council. She repeated that she does not think that they can get through all of those agencies with the concerns that they have. Mr. Hill responded that any expert can say anything on any subject and any topic can be argued pro or con depending on whether you are for or against a particular proposal. He said that the coalition has gathered information from accurate and reliable sources. Janice Mitich, 11115 W. Anthony Drive, addressed council regarding her opposition to the proposed landfill. Ms. Mitich stated that in 1990 the Environmental Protection Agency (EPA) was asked to assess the evidence that racial minorities and low income communities bore higher environmental risk burdens than the general population. She said the EPA believes that all Americans should be able to live in a clean healthy environment regardless of race, color, national origin, or economic circumstance. As a result, the agency established the Office of Environmental Justice. She continued stating that in 1994 President Clinton issued an executive order that all federal agencies develop environmental justice strategies to provide members of minorities and low income communities access to public information and opportunities for public participation in matters relating to human health and the environment. She said that if the council ignores the numerous concerns posed by Pima County, the state and the public and rezones the property to allow a dump there, the group will file a report with the EPA. The report will ask them to investigate their claims that the town has denied them environmental justice and has discriminated against the neighborhood residents by supporting a campaign led by Mr. Kai in 1991 that stopped plans to put a landfill on the other side of the railroad track near his home and near high-income areas developed and instead selected farm land in Avra Valley for the dump site; the land being located in an area having lower property values, lower income levels and several residential mobile home developments; that the town has not considered any other possible dump sites that would be away from residential areas, out of a FEMA designated floodplain, away from the Brawley and Robles washes, and not over the only part of the aquifer that is rising and away from 3 June 1, 2010 Council Meeting Minutes airport and away from Native American archeology sites; and by annexing only the above named farmland thereby disenfranchising all the neighbors and preventing their participation in matters that pose a danger to their health and environment because they do not live in Marana. Joan Travis-Triumph, 10058 N. Avra Vista Drive, addressed council regarding opposition to the landfill. Mr. Travis-Triumph stated that it is council's responsibility to keep water safe. She stated that by allowing a solid waste landfill to sit on top of the fastest rising aquifer in the area, council is not making choices that will benefit them as healthy and safe individuals or community. She asked that if council would take time for a thorough research to be completed they would see that this is not in the best interest of Marana and its citizens. Daniel and Debbie Rogers, 11565 N. Derringer Road, filled out speaker cards in opposition to the landfill on the Kai property. They chose not to speak during the council meeting. Pat McElroy, 12330 N. Luckett, filled out a speaker card in opposition to the landfill. She chose not to speak during the council meeting. Betty Turner, 12345 N. Insun, filled out a speaker card in opposition to the landfill. She chose not to speak during the council meeting. Linda Storzer, 12245 N. Kalama Circle, filled out a speaker card in opposition to the landfill. She chose not to speak during the council meeting. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan attended the ULI "Surviving to Thriving" workshop with the Mayor and some Planning Department staff last week. Mayor Honea also attended the ULI workshop. He acknowledged the Foothills Optimist Club's $2000 donation to the town, their 5th year in doing so. This donation will cover about 150 pool pass purchases for the year. Council Member Post stated that as a big supporter of the MPOA, he was very disappointed that a majority of them left just before the budget discussion. He addressed the community members present and said that he gets many E-mails and reads all of them however, he will not usually respond because he believes that a valuable resource is wasted when the town is receiving such large requests for council members' E-mails. He concluded saying that he welcomes all residents to meetings to speak and listens to all of them but that he will also give the opposition the same courtesy and will ultimately make his decision based on best for the community. Council Member Clanagan stated that he received an E-mail on Sunday regarding concern about the litter in the Silverbell Road area. He asked for the manager's office to address the issue. 4 June 1, 2010 Council Meeting Minutes MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Clanagan, second by Council Member Posz Motion carried unanimously 6-0. C 1: Resolution No. 2010-50: Relating to Utilities; approving and authorizing the Mayor to execute the First Amendment to Lennar/Willow Ridge Commons Agreement for Construction of Water Facilities and Provision of Water Service C 2: Resolution No. 2010-51: Relating to the Police Department; exempting the Marana Police Department's undercover police vehicles from Arizona state laws related to the designation of political subdivision motor vehicles; authorizing the Chief of Police to renew existing vehicle registrations for undercover police vehicles and to obtain vehicle registrations for new undercover police vehicles C 3: Minutes of the May 18, 2010 special council meeting and the May 18, 2010 regular council meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2010-52: Presentation: Relating to Budget; adopting the fiscal year 2010-2011 tentative budget Erik Montague presented this item. He stated that the numbers presented tonight have not changed significantly from previous presentations made to council. Herb Kai left the dais at 7:50 p.m. Mr. Montague stated there is an overall 12.77% reduction in the total budget for Fiscal Year 2011. Council Member Ziegler asked that if the contingency fund needed to be used that approval to do so would come before council. Mr. Montague affirmed. Vice Mayor Kai asked for the reserve level situations. Mr. Montague stated that if the projected reserve use needed to be utilized it would still keep our reserve at about $12.6M or approximately 45%. Presentation available in the Town Clerk's Office. Motion to approve moved by Council Member McGorray, second by Council Member Posz Motion carried unanimously 6-0. Council Member Ziegler asked if there were any provisions for raises. Gilbert Davidson stated that there are no raises whether it is for a step program or for performance or merit based increases. She asked if tuition assistance was still frozen and Mr. Davidson affirmed. 5 June 1, 2010 Council Meeting Minutes Mr. Davidson reminded Council that the budget process was not easy and that he is very proud of his team for their hard work and is thankful for the leadership council has provided in working with various staff to understand and combat the issues arising from the budget process. He emphasized that the budget presented tonight shows that the town is maintaining a safe, clean, and healthy. community. 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 Motion to go into executive session on Item E3 moved by Council Member Clanagan, second by Council Member McGorray. Motion carried unanimously S-0. Council left the dais at 8:27 p.m. Council returned to the dais at 8:43 p.m. EXECUTIVE SESSIONS Motion to go into executive session on Item E2 moved by Council Member Comerford, second by Council Member Posh Motion carried unanimously 5-0. Council left the dais at 9:15 p.m. Council returned to the dais at 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 E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(3) for legal advice concerning staff-proposed elements of draft amendments to the Marana Land Development Code relating to Significant Land Use Change regulations FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member Comerford Motion carried unanimously. The meeting was adjourned at 8:45 p.m. CERTIFICATION 6 June 1, 2010 Council Meeting Minutes I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 1, 2010. I further certify that a quorum was present. celyn C. ronson, Town Clerk June 1, 2010 Council Meeting Minutes