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HomeMy WebLinkAbout05/18/2011 Regular Council Meeting Minutes ARAN =/ \ o* REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 18, 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 Called to order by Mayor Honea at 6:59 p.m. All Council Members were present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion moved by Council Member Comerford, second by Vice Mayor Kai, to approve the agenda and hold the Executive Session immediately following the approval of agenda. Motion carried unanimously. Mayor Honea explained the change in order for this item which normally appears at the end of the meeting. A small reception for departing Council Member Clanagan will be held in the lobby immediately following the meeting. CALL TO THE PUBLIC Diana Bauer, an 8 th grade student at Marana Middle School, asked Council for financial support to attend the National Young Leaders Conference in Phoenix next year. Ms. Bauer reported on her academic and community service achievements which enabled her to be nominated to attend this conference. She will need any contributions by September 1. In response to a question from Council Member Ziegler, Mr. Davidson reported that although there is no longer a formal budget item to support student requests for financial aid as there has been in the past, there was money in each Council Member's budget for community support. David Morales spoke regarding his concern that due to the present circumstances of the economy, the town is not ready to go into the wastewater business. Council Member 1 May 18, 2011 Council Meeting Minutes Post noted for Mr. Morales that there have been several excellent presentations made on this subject. Mr. Morales replied that he had not been able to attend those presentations and is still concerned about the foreclosures on one out of four mortgages which will take 10 years to clear up. Brianne Meza gave Council an update on a problem that was brought to Council's attention in September 2009. She noted that there had been some steps taken by the Town to help the neighbors create a vision for their community but the situation of commercial trucks driving dangerously and parking in their residential neighborhood 24/7 has still to be rectified. She presented photographic and audio evidence to support her presentation. She asked the Council and staff to take action to remedy the problem. Alisha Meza then spoke on the same issue. She added some information on the demographics of the neighborhood, and traffic. Alisha read a letter from a school bus driver who picks up and drops off children in the neighborhood. Specific references were made to Ray's Diesel and the possible ways to provide ingress and egress to the neighborhood. Phyllis Farenga also spoke and referenced a letter written by the town manager about the balanced budget for 2012. She asked for funding a road that directs commercial traffic out of their neighborhood, alluding that the town is playing "Russian Roulette" with children and the elderly and highlighting the benefits of funding a road. Council Member Ziegler commented on the presentations and acknowledged that T. Van Hook has been working with the group. She asked for an update for Council on what is being done and any alternative plans that are being or have been considered. In reference to illegal parking and speeding, she asked the Chief of Police to look into situation by either sending a sworn officer or the VIPS for a period of time. Council Member Post asked if it would be appropriate to schedule an executive session at a later date for legal advice and direction. Mr. Davidson stated that a review of actions and activities on this issue and a number of other issues including the acquisition of right of way or a development agreement for an alternate route or construction of roads out of the neighborhood could be provided to Council. Council Member McGorray asked staff to look into the parking issue that was raised. Jack Neubeck spoke regarding the upcoming Marana Health Center grand opening events scheduled for the coming weekend. Mr. Neubeck will be the master of ceremonies for ribbon cutting on Saturday. Seats are still available for $125, with checks made payable to the Marana Health Care Foundation. After the dinner, there will also be a public concert at 8:30 p.m. with Troy Olsen, country singer and graduate of Marana High School. Tickets are available through Friday for $10 at the Boot Barn, Marana Health Center and R & R Pizza. Or you can go online and purchase tickets; however, there is a $7.00 service charge to purchase online. Tickets can be purchased at the door the night of the event for $15. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan announced this would be his last meeting, and he indicated how privileged he felt to serve the community for the past four years. If we all strive to leave things better than how we found them, we would all have a better universe. He talked about some of the projects he has lined up for the future, including foster parenting 2 May 18, 2011 Council Meeting Minutes and hosting a foreign exchange student next year. He emphasized his passion for working with youth and making a positive difference. He will also be having back surgery on Friday. He noted his honor in working with Gilbert and other staff and making good connections and relationships that will sustain him in his future community efforts. Council Member Ziegler reported that she and the other Council Members attended a joint study session with Oro Valley Town Council last Friday. She was very proud of town staff and Josh Wright's presentation. She noted how far the Marana Council has come. She also indicated the importance of advertising Marana as a unique entity of its own and not just as a part of a larger region. Council Member McGorray reported on the intensive four -day Town Hall she attended recently. The subject was arts and culture for the entire state. She emphasized that one of the main themes was tying into tourism and economic development, which had been subject of the joint meeting with Oro Valley. She stated that perhaps some of the larger vacant buildings in both towns could be used for performing arts on a temporary basis. Mayor Honea also spoke about the joint meeting with Oro Valley, noting that it's becoming a very good endeavor. Amanda Jacobs and Josh Wright are doing a lot of things together to help the towns create a brochure and advertising to promote Marana and Oro Valley as a destination, rather than trying to encompass our towns within the "Tucson" label. He also attended the 5 th year anniversary of the RTA. The Twin Peaks interchange was the highlight of the projects and something we can be very proud of that was completed early in the RTA process. He thanked Council Member Clanagan for his efforts on the Council and service to the community, also noting his time on the Marana Planning & Zoning Commission and the hours of time spent helping the community. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson also thanked Council Member Clanagan for his service and commitment to the community. He introduced Del Post, the new deputy town manager. Del expressed his appreciation to the Council for his appointment to the position, noting that he grew up in Marana. He recognized Gilbert as a mentor and is looking forward to serving with him for many years to come. Gilbert noted that the General Plan passed by 80% at Tuesday's election. He thanked Kevin Kish, Cynthia Ross and Lisa Shafer for their primary leadership in this months -long project. Many communities do not enjoy the success in the passage of their general plans as Marana did. The executive report is out for Council review to encapsulate the past month's activities. He then identified Josh Wright who was given the Economic Developer of the Year for Small Communities for the State of Arizona by the Arizona Association of Economic Developers. He is perhaps the first person in Pima County region within decades to receive this award. Kudos were also given to the town on Josh's behalf. PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Post, second by Council Member McGorray. Mayor Honea noted that item C 2 has an emergency clause and will require a roll call vote. Town Clerk Bronson called roll The motion carried unanimously in favor. 3 May 18, 2011 Council Meeting Minutes C 1: Resolution No. 2011 -47: Relating to Facilities; approving and authorizing the Town Manager to administer the amended Town of Marana Meeting Facilities Usage Policy C 2: Ordinance No. 2011.12: Relating to Finance; amending the Town of Marana comprehensive fee schedule; and declaring an emergency C 3: Resolution No. 2011 -48: Relating to the Environment; adopting an energy strategy for the Town of Marana C 4: Resolution No. 2011 -49: Relating to the Marana Municipal Airport; authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration for funding in the amount of $418,122 for reimbursement of cost overruns on the Airport Road Project and for costs associated with the completion of an Airport Layout Plan at the Marana Municipal Airport and to take all other actions necessary to secure and satisfy the grant C 5: Resolution No. 2011 -50: Relating to Public Works; approving and authorizing the mayor to execute an intergovernmental agreement with the Arizona Department of Transportation to seek federal funding for the Ina Road bridge over the Santa Cruz river C 6: Resolution No. 2011 -51: Relating to Development; approving the release of the private improvement agreement for Bill Gaudette Drive, and acceptance of public improvements for maintenance C 7: Minutes of the April 26, 2011 study session and May 10, 2011 study session LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2011 -52: Relating to Finance; approval and authorization of the defeasance of debt related to the Marana Municipal Property Corporation, Series 2008B bonds Presented by Erik Montague, who noted that this item is to call up to $2M in bonds. He noted that Meghan Doherty, budget manager, and he had been working closely with the town's financial managers and bond counsel to identify opportunities to de- leverage or get out from under some of the current debt. In 2008, the town issued revenue bonds of about $40M to advance critical projects including Silverbell Road, a portion of the district park and Camino de Mafiana and a portion to the Twin Peaks roadway. As part of the overall bond structure, there were Series A and B bonds, and the Series B portion had an extraordinary call provision which allowed the town, as monies became available, to call or defease portions of that debt. That portion in Series B was closely tied to future revenue streams that we were going to be receiving from the RTA and other funding partners. So that is what this item is for tonight — to call up to $2M of the Series B bonds. The cash required to meet this payment is already in the bank. In July we are scheduled 4 May 18, 2011 Council Meeting Minutes to receive additional funds, and we'll consider them in relation to future project needs as well as the underlying debt. Calling this will save approximately $600K in interest over the life of the debt. Motion moved by Council Member Post, second by Council Member Clanagan to approve the defeasance of the debt. Motion carried unanimously. A 2: PUBLIC HEARING: Ordinance No. 2011.13: Relating to Development; amending Marana Land Development Code Title 5 (Zoning) by adding Section 05.02.06 (Medical Marijuana Land Uses in Zones A -E) and clarifying cultivation in connection with the "medical marijuana dispensary" use, where permitted; amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses) for clarity and to avoid inconsistency with final Arizona Department of Health Services rules; and establishing an effective date Resolution No. 2011 -53: Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2011.13, amending Marana Land Development Code Title 5 (Zoning) by adding Section 05.02.06 (Medical Marijuana Land Uses in Zones A -E) and clarifying cultivation in connection with the "medical marijuana dispensary" use, where permitted; and amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses) for clarity and to avoid inconsistency with final Arizona Department of Health Services rules Mayor Honea opened the public hearing. Presented by Lisa Shafer who noted that this land development code amendment brought forward tonight is in direct response to staff being able to work with the ordinance adopted in October of 2010. Some of the town's uses as adopted by that ordinance are in direct conflict with the state initiative or were uses that staff wasn't aware of or needed clarification as a result of the passage of the statewide initiative. Some of the problems associated with a significant land use change is that it's not recognized by the federal government, and we can't put it into a prescribed classification zoning number for the uses. So we discussed that anyone wanting to put a medical marijuana dispensary in one of the alphabet zones or offsite cultivation would have to get a conditional use permit. The Title 5 zoning change is for clarification for onsite cultivation with one of the sites in those zones. In Section 08.08, there are some deletions and modifications regarding agent information requirements that are in conflict with the state's requirements. When the 2010 ordinance was passed, staff didn't know exactly what the state requirements were going to be. The next issue is that of registering for controlled substances and the final is for delivery of product so that it's in compliance with the state. In response to a question from Council Member Post, Ms. Shafer responded that last month staff received a request to have a CUP approved through the planning commission for a medical marijuana dispensary near I -10 and Orange Grove. She is expecting state approval by June 30 for that location. Mayor Honea closed the public hearing, there being no requests to speak from the audience. Motion moved by Council Member McGorray, second by Council Member Clanagan to approve the ordinance and resolution. Motion carried unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION 5 May 18, 2011 Council Meeting Minutes D 1: Legislative /Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies EXECUTIVE SESSIONS A motion was made at 7.01 p.m. by Council Member McGorray, second by Council Member Comerford to go into executive session on Item E 2 immediately following approval of the agenda. Motion carried unanimously. Council left the dais at 7:01 p.m. Council returned to the dais at 7:12 p.m. The regular meeting resumed at 7:12 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 FUTURE AGENDA ITEMS Council Member Ziegler asked if vote by mail or all mail ballot will be the subject of a future Council meeting. Mayor Honea stated that he thought staff was working on a presentation for Council. Ms. Bronson said she expected to have a presentation ready for Council in August. ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously. The meeting was adjourned at 8:09 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 18, 2011. I further certify that a quorum was present. Jo elyn �rronson, Town Clerk g® 0F + '�C�� ` ��mni' 9 h � VORPORA►f 000 � ,.►►►���,• 6 May 18, 2011 Council Meeting Minutes