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Home My WebLink About07/20/2010 Regular Council Meeting Minutes ~~ r~~ ~: sae. REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, July 20, 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 The meeting was called to order by Mayor Honea at 7:06 p.m. All Council Members were present except Council Member Clanagan, who participated telephonically beginning at 7:40 p.m. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion to approve moved by Council Member McGorray, second by Council Member Ziegler. Motion carried unanimously 6-0. CALL TO THE PUBLIC Gerald Peters addressed Council regarding his frustration over the fees associated with Colonia permits and fees and Colonia designations in general. He was also concerned about the way staff has dealt with him over the last couple of years and the Colonia issue overall. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS There were no reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS There were no reports. July 20, 2010 Council Meeting Minutes PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Post, second by Council Member Ziegler Ms Bronson noted that Item C.3 contained an emergency clause and required a roll call vote. Motion carried unanimously 6-0. C 1: Relating to Employer Support of the Guard and Reserve (ESGR) C 2: Resolution No. 2010-62: Relating to Real Property; adopting by reference the relocation assistance rules and regulations found in the Uniform Relocation Assistance and Real Property Acquisition Act found at 49 C.F.R. part 24, as required by the amendments to Arizona Revised Statutes Section 11-968 C 3: Ordinance No. 2010.09: Relating to Parks and Recreation; amending the Marana Town Code Title 13 "Parks and Recreation," Section 13-1-3 "Use and occupancy rules and regulations" regarding possession and discharge of firearms in town public parks; and declaring an emergency C 4: Resolution No. 2010-63: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement with the Marana Chamber of Commerce, Inc., to support the Marana Visitor Center and economic development activities on behalf of the Town of Marana C 5: Resolution No. 2010-64: Relating to Real Estate; accepting the dedication of a portion of Gladden Farms Blocks 18 and 20 Common Area A-12 as right-of--way, and reclassifying and designating a portion of the adjacent open space dedicated to the Town by the subdivision plat of Gladden Farms Blocks 18 and 20 as publicright-of--way C 6: Resolution No. 2010-65: Relating to Intergovernmental Relations; authorizing and directing Town of Marana representatives concerning proposed Arizona League of Cities and Towns Resolutions C 7: Ordinance No. 2010.10: Relating to Parks and Recreation; amending the Marana Town Code Title 13 "Parks and Recreation," adding chapter 13-2 entitled "Fingerprinting and criminal history records checks of Parks and Recreation personnel and volunteers"; and designating an effective date C 8: Resolution No. 2010-66: Relating to Development; approving and authorizing the Mayor to execute the Willow Ridge Reconciliation Agreement C 9: Resolution No. 2010-67: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement with the Arizona Department of Transportation relating to authorized appropriations for the American Recovery and Reinvestment Act of 2009 for the pavement preservation of Marana Road between I-10 and the western Town limits 2 July 20, 2010 Council Meeting Minutes C 10: Minutes of the June 15, 2010 and June 22, 2010 special council meeting and June 15, 2010 regular council meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding an Acquisition of Control Change submitted by Nicholas Carl Guttilla on behalf of Wingstop, located at 3662 W. Ina Road Jocelyn Bronson addressed Council and noted that there had been no protests on this item. The applicant, Mr. Guttilla, addressed Council regarding the fee associated with this item and requested that Council revised the ordinance to reflect different license requirements. Currently, the town charges one fee across the board of $500. Cedric Hay addressed Council, noting that revisions to the fee schedule are being reviewed to address this and other items. He also noted that Council is the correct body to grant waivers or accept modifications to the fee schedule as it stands. Staff recommended that until a revision is made to the ordinance, the fee does apply. There is no objection to the application, but there has been staff time associated with processing the application regardless of the type of license. Council Member McGorray asked what the fee is currently. Council Member Ziegler asked if this fee is being clarified in the code. The fee is $500 and the schedule is being reviewed. Mr. Guttilla further clarified his position. Motion by Council Member Comerford, second by Vice Mayor Kai, to not protest the application and to charge the standard liquor license fee found in the town ordinance. Motion carried unanimously 6-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Resolution No. 2010-68: Relating to Development; approving a conditional use permit to allow the development of a new wireless communication facility in Block L of the Dove Mountain Resort II Final Plat Presented by Lisa Shafer. Mayor Honea announced the public hearing was open. There were no speakers. Ms. Shafer noted that there were no protests. Mayor Honea closed the public hearing. Motion to approve moved by Council Member McGorray, second by Council Member Ziegler. Motion carried unanimously 6-0. A 2: Resolution No. 2010-69: Relating to Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement between the Arizona Game and Fish Commission and the Town of Marana defining and regulating hunting areas within the Town of Marana Presented by Jane Fairall. Officer Diane Tilton with Arizona Game and Fish department addressed Council, noting that their department had been working with the police chief over the past two years to address complaints from areas where there was hunting in the past and provide opportunities for people to hunt now. Council Member July 20, 2010 Council Meeting Minutes Post asked who is responsible for the trash left behind and is there any way to strengthen littering laws within the town and monitor this aspect. Ms. Fairall noted that this is an IGA and not an ordinance and state law regulates hunting and the town cannot have ordinances regulating differently from the state. The town can enforce state laws but this is just an agreement about what areas will be allowed for hunting. Vice Mayor Kai asked if hunters would be required to obtain a specific license for areas where they are hunting. Officer Tilton replied that it depends on what you are hunting and the area. In response to a question from Mayor Honea, Ms. Fairall noted that there is currently no prohibition in the town code for discharging a firearm within the town. There is a state law prohibiting the discharge of a firearm within city or town limits with the exception for an area designated by the Game and Fish department as allowable hunting area. That is what this IGA does. Motion to approve moved by Vice Mayor Kai, second by Council Member Ziegler. Motion carried unanimously 6-0. A 3: Resolution No. 2010-70: Relating to Economic Development; adopting the Expedited Development Review Incentive Program and authorizing the Town Manager to administer it Presented by Josh Wright as an incentive program similar to the job incentive program - both out of the Economic Development Roadmap. He gave background, and stated the conditions to take advantage of the incentive program. Mr. Wright noted that Kevin Kish and his team have been very instrumental in putting policies in place to help develop this. Council Member Ziegler thanked Mr. Wright for his work on this and on the Roadmap. Motion to approve moved by Council Member McGorray, second by Council Member Ziegler Motion carried unanimously 6-0. A 4: PUBLIC HEARING: Ordinance No. 2010.11: Relating to Development; approving a rezoning creating the Marana Regional Landfill Specific Plan Vice Mayor Kai recused himself from the dais due to a conflict of interest on this item. Ms. Bronson noted that Council Member Clanagan wished to be included telephonically for this item. Council Member Clanagan was connected at 7:40 p.m. and the presentation continued. Mayor Honea announced the meeting in public hearing. Presented by Kevin Kish who then turned the presentation over to Michael Racy, representing DKL Holdings. Other speakers on behalf of the applicant were Garth Bowers, project manager, from Cornerstone Environmental Engineering, William Soukop, hydrogeologist from Cornerstone Environmental Engineering speaking on groundwater issues and Deborah L. Gray, Ph.D. from Lawhon & Assocates in Ohio, doctor of toxicology, speaking on the public health aspects of landfills. Sixteen speaker cards were presented in support of the landfill including Anna Felix, Bill Essenmacher, Ernie Felix, Marge Brooks, Larry Sjulstad, Chuck McGill, Concha Urquides, Warren Hatcher, Marjorie Smith, Richard Redman, Matthew Vorholzer, Steve Miklosi, Rebecca LoPorto, Rebecca Vorholzer, Jimmy Gawlin, and Patty McGill. Thirty-seven speaker cards were presented in opposition to the landfill including David A. Lutz, David Karlen, Mitzie Morton, Seth Lewis, Elizabeth Maxam, Steve 4 July 20, 2010 Council Meeting Minutes Maxam, Eric Ramirez, Travis L. Pasqual, Frank Triumph, Jorge J. Anda, Rick Faust, Charles Goddard, Nicki James, Debbie Rogers, Jens T. Hill, Kris James, Elaine Ramirez, Albert Lannon, Charles Goddard, Jr., Thomas Hill, Terri Faust, Pat McElroy, Joan Travis-Triumph, Robert Ruppelius, Pam Ruppelius, Nita Storzer, Steve Storzer, Melissa Rohleck, Tanya Anway, David Anway, James Bailey, Janice Mitich, Pak and Christina Chan, David Flood, Dan Rogers, Linda Storzer and Mimi Battin. Mayor Honea asked for a motion to continue this item to August 17. The public hearing will still be open based on the recommendation from Mr. Cassidy that in case something comes up in the meantime there will be an opportunity for people to address Council. Council Member Ziegler asked that it be clear to everyone that on August 17 that the continuance is because the development agreement is not complete, but it will be finished on August 17 and the recommendations to Council will be in the form of two motions - one in favor of the rezoning and one against the rezoning. Those will be the only items for consideration. Motion to continue Ordinance No. 2010.11 until August 17 moved by Council Member Comerford, second by Council Member Ziegler Motion carried unanimously 6-0. 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 There was no report. 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 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) 5 July 20, 2010 Council Meeting Minutes ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member Comerford Motion carried unanimously 6-0. The meeting was adjourned at 10:29 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July 20, 2010. I further certify that a quorum was present. J celyn ronson, Town Clerk 6 July 20, 2010 Council Meeting Minutes