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HomeMy WebLinkAbout10/19/2010 Regular Council Meeting Minutes_,~ >.. ~' .~r,e,.~ ~~A '~'+~~/ Ylt1.w R4 k•Mllla. REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 19, 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 Meeting called to order at 7:00 p.m. by Mayor Honea. Town Clerk Bronson called roll. All Council Members were present. 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. CALL TO THE PUBLIC David Morales spoke on prayer at Council meetings and that he had approached two local pastors who are willing to give the invocation. He also spoke on the issue of dynamics and that things are changing, using the example of cutting taxes to improve the economy in the 1970s but how cutting taxes now does not help the economy. Jens T. Hill spoke against the proposed landfill. Linda Zupi spoke in favor of the landfill. PROCLAMATIONS 2010 Arizona Cities and Towns Week MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler reported that she had heard many good comments about Marana at a recent political debate at the UA. October 19, 2010 Council Meeting Minutes Council Member McGorray reported on the successful fundraiser at the Ritz Carlton for the Marana Health Center. She also noted that the Dove Mountain Rotary golf tournament at Heritage Highlands will fund the school education process. Mayor Honea reported on attending the funeral services for Lt. Col. "Big Bob" Bob Delaney who had been a resident of both Marana and Oro Valley and attended many Council meetings for both towns. The Mayor also attended the annual MADD awards banquet and noted that one of Marana's office, Joe Miller, received an award for his work proactive work regarding DUI suppression. Several Marana officers and Laine Sklar from the Attorney's Office was there. On Friday he attended the MPA Common Ground awards at Reid Park. The first award was shared with the UA Technology Park for the Economic Roadwork Map which was headed by Josh Wright. The second award was for the Twin Peaks Interchange/Camino de Marana project. It's the largest project done in conjunction with the RTA and others, kudos to the Marana staff for putting that together. Marana also won the award for the public works project. On November 13 there will be a fun day to celebrate the opening of the interchange. There will be walks and runs and lots of vendors. On November 18 at 3 pm, ADOT's director and other will cut the ribbon and open the road at the interchange. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson thanked all of the staff who helped with the Common Ground award process. It was a great night for Marana. He noted that Ms. Thalasitis has moved on to her new position and applications from a national search are starting to come in for the Assistant Town Manager. He also noted the new Council Executive Report provided to Council which links into the strategic and general plan elements. PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Post, second by Council Member Clanagan. Motion carried unanimously. C 1: Resolution No. 2010-99: Relating to Community Development; approving and authorizing the Town Manager to execute Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2010 State Homeland Security Grant Program and Urban Area Security Initiative C 2: Resolution No. 2010-100: Relating to Traffic Engineering; approving and authorizing the Mayor to execute an intergovernmental agreement with the Regional Transportation Authority of Pima County to purchase and install Marana wireless signal updates C 3: Resolution No. 2010-101: Relating to Public Works; abandoning a strip of public right-of--way off Sanders Road south of Marana Road within Section 20, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona C 4: Resolution No. 2010-102: Relating to Personnel; approving. and authorizing staff to implement an amended Separation Incentive Plan for fiscal year 2011; authorizing staff to make additional payments to fiscal year 2011 Separation Incentive Plan participants in conformance with the amended Separation Incentive Plan 2 October 19, 2010 Council Meeting Minutes C 5: Minutes of the October 5, 2010 regular council meeting LIQUOR LICENSES L 1: Relating to Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series #12 (Restaurant) liquor license application submitted by James Robert Ledbetter on behalf of Jimmy's American Bistro located at 8235 N. Silverbell Road #105 Presented by Jocelyn Bronson who noted that no protests had been received for this application, and staff recommended approval. Motion to approve moved by Council Member Clanagan, second by Council Member McGorray. Motion carried unanimously. Council Member Clanagan invited Mr. Ledbetter to address the Council. Mr. Ledbetter noted that he and his family lived in Marana and that they were looking forward to doing business in the town, and invited everyone to come for good food at his restaurant. L 2: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the St. Christopher Catholic Church, 12101 W. Moore Road, for a church fundraiser Presented by Jocelyn Bronson, who noted staff's recommendation for approval. Motion to approve moved by Council Member Post, second by Council Member Clanagan. Motion carried unanimously. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2010.18: Relating to Land Development; amending the Marana Land Development Code to amend Title 3 (Definitions) to add definitions of "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location"; to amend Title 5 (Zoning) to add "medical marijuana dispensary" as a conditional use in the RC Regional Commercial zone (05.11.04), the LI Light Industrial zone (05.12.02), and the HI Heavy Industry zone (05.12.03), and to add "medical marijuana dispensary offsite cultivation location" as a conditional use in the AG Agricultural zone (05.10.01), the LI Light Industrial zone (05.12.02), and the HI Heavy Industry zone (05.12.03); and to amend Title 8 (General Development Regulations) to add a new section 08.08 entitled "Medical Marijuana Uses," imposing special setback, performance, and application requirements for all "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" uses; and establishing an effective date Mayor Honea noted that he had one speaker card on this item, and then opened the public hearing. Presented by Frank Cassidy, who noted that he brought this item to Council previously as a presentation and that it had gone to Commission and it was unanimously recommended approval by the Commission with the proposed provision October 19, 2010 Council Meeting Minutes which places the dispensary locations and the cultivation use location into the various zones and also creates regulations for these uses. One of the significant changes recommended by the Commission is the maximum number of dispensaries that could be placed across the state and figured that based on current population. Marana should only get one dispensary, but to avoid issues of competition, staff put a maximum of two dispensaries in, and then for every 50,000 population above the current population, we would get one more dispensary. The other item is that the Pima County Attorney sent a letter to all Council requesting that reference be made to newly adopted Pima County health regulations, and if you were to insert that, the proposed language is on the screen in front of you. You would add a paragraph 11 to section 08.08B. That language requires anyone operating one of these facilities to prove that they meet the qualifications that are adopted. Council Member Comerford asked if that wasn't already going to be state regulated. Mr. Cassidy replied that yes, it would be state regulated, and he went on to say that the county has essentially taken the position that they have some rights allocated to them from the state health department, and based on that, they have adopted their own health regulations. Council Member Clanagan asked for Mr. Cassidy's recommendation based on that. Mr. Cassidy replied that he thought it was a good idea, because what the County's regulations do is bring the language into alignment with the controlled substances (federal) act by requiring that anyone operating a dispensary be properly licensed, so it gives another layer of restriction on this type of use. Mayor Honea asked there was any conflict between who (the town or the county) gives an individual the permit for a dispensary site. Mr. Cassidy responded that there is no conflict. As part of the application process to the town, they have to show compliance to us with the county code. Council Member Ziegler asked for clarification of proof of compliance from Pima County. Mr. Cassidy explained the registration and permit process with the county and the town. There are ten other items on the list the application that the applicant would bring in which actually mirror the state act. However, everything on the state application is confidential and the town wouldn't be able to get that, so we are requesting that same information on the town's application. Council Member McGorray asked for clarification on where the marijuana would be grown and if there would be a sales tax on the sales. Mr. Cassidy replied that this would probably fall within the pharmaceutical exemption for sales tax. Council Member Post asked if there was a regulation on the user themselves to prohibit driving or anything of that nature. Mr. Cassidy said that they still could not operate a motor vehicle under the influence, although there is some language that if a blood test was done and there was some residual indication that a person has used marijuana and that wouldn't necessarily mean they would get aDUI - there would still have to be proof of impairment. Our police officers would not require additional training. Council Member Post asked if we were as restrictive as we can be with state requirements. Mr. Cassidy said that it's hard to know the answer because state law says we can adopt reasonable zoning regulations. We think we have looked at logical uses, i.e. churches, schools and facilities that rehabilitate drug users and we have created what we think are logical separation requirements, but he doesn't know if our setbacks could be greater. By having the additional limitation of not more than two dispensaries, that was a good catch by the Planning Commission. So as legal counsel, he feels comfortable with the language and believes it would hold up in court. Council Member Clanagan asked if the Light Industrial zone on the section of Tangerine Road 4 October 19, 2010 Council Meeting Minutes where Breakers is at; how is that zoned and could a facility be located that close to an amusement park. Mr. Cassidy stated that they did not adopt a separation from an amusement park, so you could adopt that under paragraph 08.08E. Council Member Clanagan asked for that stipulation to be inserted. Council Member Ziegler asked if these wouldn't come in as a conditional use permit. Mr. Cassidy replied that it is more defensible to create an objective standard rather than using. the conditional use permit process. Council Member Comerford noted that there are several family entertainment businesses in Marana that you would not want these dispensaries located near. Council Member Post asked if a dispensary was located and then a school decided to go in, would the dispensary be grandfathered. The response was yes, the same as businesses selling spirituous beverages. Discussion ensued that all zoning comes to an end eventually and ends up at a residential area. Mr. Kish responded to questions from Council regarding the various zoning areas. These areas are not generally adjacent to residential and traditional neighborhoods. Mr. Cassidy replied that a provision could be inserted that there could be additional setbacks for proposed development, but depending on how you interpret `proposed.' With respect to the offsite cultivation location which go in the AG zones, if you kept them 1000 feet away from any residential zoned area, that would be pretty restrictive. As Mr. Kish noted, a lot of these areas are already by their nature separated from the residentially zoned areas. Mayor Honea stated that perhaps Council should pass what we have until we find out what other municipalities do, and there is the possibility that the legislation won't pass. He also noted that if someone in Gladden Farms was permitted to grow marijuana in their bathroom because there wasn't a dispensary within 25 miles that would negate the restrictions. So some of this discussion could make it so convoluted it can't be enforced. Mayor Honea called on David Morales, who spoke again of the term dynamic, and noted that 25 years ago this subject wouldn't be discussed before Council. Everything points to this legislation passing because people don't see this as harmful. He believes if it passes, it will be taxed because the Council and police force will have to enforce it. He noted the distance from his house to Pima College is less than 25 miles so it shouldn't be an issue where it is grown. Ms. Bronson addressed Council and noted that Council could vote on both Ordinance No. 2010.18 and Resolution No. 2010-103 as one item after she reads Resolution No. 2010-103. Motion by Council Member Clanagan to include Ms Bronson's comments and the paragraph Mr. Cassidy included from Ms LaWall's letter as well as the insertion, Second by Council Member McGorray. Mr. Cassidy asked for clarification if the motion included the language regarding family recreation. Council Member Clanagan stated that his motion did include that language when it was added along with Mr. LaWall's language. Motion carried unanimously. Resolution No. 2010-103; Relating to Development; declaring the amendments to Marana Land Development Code Title 3 (Definitions), Title 5 (Zoning), and Title 8 (General Development Regulations) relating to "medical marijuana dispensary" and October 19, 2010 Council Meeting Minutes "medical marijuana dispensary offsite cultivation location" zoning regulations as a public record filed with the town clerk See above. 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 Gilbert Davidson noted that once the election results from November 2 are in, we will have an opportunity to analysis and it will give us a better idea of what the Legislature plans to pursue so that we can get with the League to pursue our identified initiatives along with other cities and towns to effect the appropriate legislation. EXECUTIVE SESSIONS Motion to go into executive session on Items E2, E3 and E4 moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously. Council left the dais at 7:56 p.m. Council returned to the dais at 9:16 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 (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) and (4) for legal advice with the town's attorneys and to consider the town's position and instruct its attorneys regarding the Tortolita Preserve lease with Arizona State Land Department, ASLD Lease Number 03-105436-99 E 4: Executive Session pursuant to A.R.S. § 38-431.03(A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the settlement of the lawsuit entitled State of Arizona v. Southwest Mining & Development, et al. filed in the Pima County Superior Court as C2007-7232 This item was presented by Cedric Hay who requested Council approval of settlement in the matter at $825,000 plus statutory interest. 6 October 19, 2010 Council Meeting Minutes Motion to approve moved by Council Member McGorray, second by Vice Mayor Kai. Motion passed 6-1 with Council Member Ziegler voting nay. Council Member Ziegler noted for the record her disappointment about leaving $400,000 on the table and stated that not trying to reduce this bill is the wrong decision. There are times to take risks and this is one of them. FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member Clanagan. Motion carried unanimously. The meeting was adjourned at 9:18 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 19, 2010. I further certify that a quorum was present. Bronson, Town Clerk 7 October 19, 2010 Council Meeting Minutes