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Home My WebLink About03/15/2011 Regular Council Meeting Minutes i V~0 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 15, 2011, 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 roll. All Council Members were present except Council Member Clanagan, who was excused. A quorum was present. PLEDGE OF ALLEGIANCE /1NVOCATION/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 No speaker cards were presented. PROCLAMATIONS Valley Fever Project Proclamation Ms. Bronson read the proclamation as Mayor Honea presented it to Jaime Gutierrez and John Galgiani from the University of Arizona. Both Mr. Gutierrez and Dr. Galgiani spoke and thanked Council for their support of this program. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler thanked those present for re- electing her to serve another four years. She commented on the large voter turnout and how pleased she was that residents were becoming more active in their community. 1 March 15, 2011 Council Meeting Minutes Council Member McGorray reported on the recent birth of her grandson on Saturday. Mayor Honea also thanked the voters for allowing him to serve on the Council for another four years. Mayor Honea also introduced the new Council Member - elect, Dave Bowen. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported that the monthly executive report is ready for distribution. In addition, there is a financial summary for the fiscal year — tracking in the positive. The American Public Works Association, Southern Arizona branch, holds a luncheon and awards program, and the town won the large project designation for the Camino de Mafiana/Twin Peaks project. And a special honor, our town engineer, Keith Brann, was awarded Professional of the Year. PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously. C 1: Resolution No. 2011 -35: Relating to Administration; approving and authorizing the mayor to execute a first amendment to the agreement for legal services with Barry M. Corey of the law firm of DeConcini McDonald Yetwin & Lacy, P.C., providing for Mr. Corey's representation of the Grievance Review Committee established by the Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Association C 2: Ordinance No. 2011.09: Relating to Health and Sanitation; amending Marana Town Code chapter 10 -5 entitled "fireworks permits"; renaming chapter 10 -5 as "fireworks "; adding definitions to the chapter; establishing prohibited and permitted activities in conformance with state laws regarding the sale, possession and use of fireworks; renumbering existing chapter 10 -5; clarifying investigation and insurance requirements for public displays of fireworks; establishing criminal penalties for violations; and designating an effective date C 3: Resolution No. 2011 -36: Relating to Administration; approving a revised social media use administrative directive for Town of Marana employees and elected and appointed officials C 4: Minutes of the March 1, 2011 regular council meeting LIQUOR LICENSES Ms. Bronson read all three liquor licenses and asked for one vote for all three applications, noting that Mr. Cassidy had approved this procedure. Motion to approve moved by Council Member Comerford, second by Council Member Post. Motion carried unanimously. L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series #12 (Restaurant) liquor license application submitted by Nilza G. Iwaya Montano on behalf of Lupita's Cafe located at 7077 N. Thornydale Road 2 March 15, 2011 Council Meeting Minutes L 2: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the Arizona Paralyzed Veterans of America on behalf of Harley- Davidson of Tucson, 7355 N. I -10 East Bound Frontage Road for a charitable fundraiser L 3: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the Marana Health Center, 13395 N. Marana Main Street, for a grand opening fundraiser BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2011 -37: Relating to Elections; adopting the results of the primary election held on March 8, 2011. Ms. Bronson noted that staff had received the Official Canvass of the March 8, 2011 Primary Election and read into the record the results. The resolution has been updated from what was presented in Council packets to reflect the final results Motion by Vice Mayor Kai, second by Council Member Comerford to adopt the official canvass of the March 8, 2011 Primary Election. Motion carried unanimously. A 2: PUBLIC HEARING: Ordinance No. 2011.10: Relating to Development; amending the Land Development Code Title 3 (Definitions) by adding a "Designated Commercial Area" definition to Section 03.04 and modifying Title 5 (Zoning) Section 05.02.01 (Zone A — Small Lot Zone), as it relates to permitted uses; and establishing an effective date Resolution No. 2011 -38: Relating to Development; declaring as a public record filed with the Town Clerk the amendments to Marana Land Development Code Title 3 (Definitions) adding a "Designated Commercial Area" definition to Section 03.04 and modifying Title 5 (Zoning) Section 05.02.01 (Zone A — Small Lot Zone), as it relates to permitted uses Mayor Honea noted that the item was now in public hearing. Presented by Lisa Shafer. She noted that this is a small amendment which also going to do some boosting for the economy. We are trying to provide some relief to some of the businesses in the area. Currently, the alphabet zoning which is mostly in the north has the ability to do different types of uses, but mostly you have to go through a significant land use change. In many areas that were built for commercial purposes, this is cumbersome. If you have a small strip center and it's not easy to lease out for one reason or another, the SLUC process can time and has a cost associated. So staff took a look at what could be done. This modification attempts to mitigate the need for the SLUC in some cases. The Mayor noted that there were no speakers and closed the public hearing. Motion to approve moved by Council Member McGorray, second by Council Member Post. Motion carried unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative /Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies 3 March 15, 2011 Council Meeting Minutes Mr. Davidson noted that there was no report. EXECUTIVE SESSIONS Mayor Honea stated that a brief executive session was needed for Item E. 2. Motion to go into executive session by Council Member Post, seconded by Council Member Comerford. Motion carried unanimously. Council left the dais at 7:22 p.m. Council returned to the dais at 7:50 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 No action was required. 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 7:52 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 15, 2011. I further certify that a quorum was present. celyn . Bronson, Town Clerk : �� f►� OW E WS I 4 March 15, 2011 Council Meeting Minutes