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HomeMy WebLinkAbout07/19/2011 Regular Council Meeting Minutes AAN = REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, July 19, 2011, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, 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 6:59 p.m. Ms. 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 Vice Mayor Comerford Motion carried unanimously. CALL TO THE PUBLIC Suelee Edwards and her staff from the Marana branch of Bank of the West at Orange Grove and Thornydale made a presentation to the Marana Police Department for their mix of compassion and professionalism in response to situations which have occurred at the bank. Ms. Edwards specifically mentioned Sgt. Will Hess and Lt. Bradshaw, both of whom have responded to incidents. She noted that they have made staff feel at ease, both physically and emotionally. Sgt. Hess thanked Suelee and staff for their acknowledgement of their service, and noted that feeling appreciated in the business community continues to remind him and others why they do what they do every day. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Kai reported Kenny Hum, a longtime resident and business owner in Marana passed away July 6, 2011 at the age of 82. Mr. Hum operated Kenny's Market at Sandario and Marana Roads, and was unique in that back in the 1950's when everyone I July 19, 2011 Council Meeting Minutes knew everyone, he extended credit to the migrant workers, Marana residents and children, knowing that sooner or later he would get paid — something that doesn't occur today. Council Member Kai asked that everyone keep his family in their prayers. Mayor Honea reported that he toured the Marana Mortuary and Cemetery today. He described what a beautiful building it is and how it will be an asset in the community. He noted that there is a soft opening expected in August and a grand opening in September. Anyone who is able should try to get over to the soft opening. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported that staff continues to work on the Council Executive Report. PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Post, second by Vice Mayor Comerford. Motion carried unanimously. C 1: Ordinance No. 2011.17: Relating to Transaction Privilege Tax; adopting the "2010 -2011 Amendments to the Tax Code of the Town of Marana" by reference; establishing an effective date; providing for severability and providing penalties for violations Resolution No. 2011 -71: Relating to Transaction Privilege Tax; declaring as a public record that certain document filed with the town clerk and entitled the "2010 -2011 Amendments to the Tax Code of the Town of Marana" C 2: Resolution No. 2011 -72: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement with the Marana Chamber of Commerce, Inc., to support operation of a visitor center and provision of services to the Marana business community C 3: Resolution No. 2011 -73: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for payment for the incarceration of municipal prisoners C 4: Resolution No. 2011 -74: Relating to Utilities; approving and authorizing the Mayor to execute a purchase agreement between the town of Marana and Aqua Capital Management LP for the purchase of long term storage credits C 5: Resolution No. 2011 -75: Relating to Personnel; approving and authorizing staff to implement the Vacation Sell -Back Program for fiscal year 2012 C 6: Minutes of the June 14 study session, June 21 regular meeting and the July 12 study session LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series #4 (Wholesale) liquor license application submitted by Bryant S. West on behalf of Cordon Distributors located at 6260 N. Travel Center Drive, Ste K -3 2 July 19, 2011 Council Meeting Minutes Ms. Bronson noted that this item had come before Council last month but was withdrawn by the applicant to correct deficiencies noted by town staff. She stated that the deficiencies had been corrected to the satisfaction of staff and the liquor board and recommended approval. Motion to recommend approval moved by Council Member Post, second by Council Member Kai. Motion carried unanimously. BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2011 -76: Relating to Boards, Commissions and Committees; approving the appointment of Brad DeSpain to the Marana Public Safety Personnel Retirement System local board Mayor Honea addressed Council regarding his appointment of Brad DeSpain to the board, noting that the appointment is made by the Mayor. Mr. DeSpain's application was accepted under motion by Mayor Honea, second by Council Member McGorray. Motion carried unanimously. Council Member Bowen asked about the composition of the board and the purpose. Mayor Honea responded to both questions. B 2: Resolution No. 2011 -77: Relating to Boards, Commissions and Committees; reappointing Annie Hoffinan and Jack Noble to the Town of Marana Personnel Action Review Board Motion to approve moved by Council Member McGorray, second by Council Member Kai. Motion carried unanimously. COUNCIL ACTION A 1: Resolution No. 2011 -78: Relating to Intergovernmental Relations; supporting the job creation and economic development opportunities associated with the proposed Rosemont Mine Mayor Honea gave a brief overview of the history of opposition, the town's neutral position and the current desire to support the Mine. Regarding a question from Council Member Post as to Sahuarita's position, Mayor Honea noted that he and Vice Mayor Comerford and Mr. Davidson had met with Sahuarita's Mayor and Vice Mayor and town manager, and they expressed no opposition to Marana endorsing the mine. Council Member Kai asked what Sahuarita's vote was. Mayor Honea noted that there was no vote; that Sahuarita still has a 2007 resolution in effect. Council Member Ziegler also commented on the economic benefits to the region and Marana to support this project. Dan Ryan, representing Rosemont Mine, addressed some of the economic benefits of the mine regionally as well as illustrated how the mine will help redefine mining on a global scale by raising the bar. One of the ways they are doing this is by revegetation and reclamation of the site. Within the first year of the excavation process, the revegetation will occur with the integration of an active cattle ranch, which he then went on to briefly describe. Ed Stolmaker, CEO of the Marana Chamber of Commerce, noted that the Chamber board heard both sides of the argument a year ago and the board voted to 3 July 19, 2011 Council Meeting Minutes support the mine. Vice Mayor Comerford also noted that it's not just about the money; Rosemont has gone to the trouble of doing the ecological studies and being a responsible member of the community through their technology and innovation. Motion to approve moved by Council Member Ziegler, second by Vice Mayor Comerford. Motion carried 6 -1 with Council Member Kai opposing. A 2: Ordinance No. 2011.18: Relating to Development; approving and authorizing the Mayor to execute the Development Agreement for the Saguaro Bloom Development Project This item was presented by Kevin Kish and Frank Cassidy. Mr. Cassidy presented the details of the final changes to the development agreement for Council consideration which have occurred since the meeting of the Planning Commission. He noted two simplifications; one being the negotiation of the signal at Twin Peaks Road. Now the signal will go in when the developer has to build the other improvements to Twin Peaks Road. He thanked the developer for their willingness to do that. The other item was the successors and assigns provisions. Those changes were in a redlined strikeout version in the packet distribution which was version five presented to the Commission and version six presented to Council. There were also some changes to the name of the developer. The developer name is Twin Peaks Development. In recital B and also a later provision, there has been some clarification about remediation that has to occur on certain lots. After that, there is very little that has changed; however, there are some better exhibits. He thanked Justin Currie from GIS for the clean exhibits. Exhibits A and B were flip flopped, so that Exhibit A is now the legal description. This has nothing to do with the sale of bonds. That will be addressed in the CFD development agreement and intergovernmental agreement. This is only for the land development. Mayor Honea asked about Block 10 which was part of the old development agreement. Mr. Cassidy noted that Council will not have to take a second look at the excluded property — lots that were purchased by KB Homes and Block 10 that the foreclosure process has not completed on. Motion to approve Option #2 moved by Council Member Post, second by Council Member Kai. 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. There was no report. EXECUTIVE SESSIONS Motion to go into executive session on Items E 2 and E3 moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously. Council left the dais at 7:31 p.m. Council returned to the dais at 8:12 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. 4 July 19, 2011 Council Meeting Minutes 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 Motion moved by Vice Mayor Comerford, second by Council Member McGorray approving authorization for staff to proceed to allow the town manager to send Pima County a letter, the contents of which were discussed in executive session. Motion carried 6 -0, with Council Member Kai excused E 3: Executive session pursuant to A.R.S. § 38- 431.03(A)(3) and (4), discussion or consultation with the town's attorneys for legal advice and to consider the town's position and instruct its attorneys regarding Marana's application for a Pima Association of Governments 208 amendment FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Vice Mayor Comerford. Motion carried unanimously. The meeting was adjourned at 8:14 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July 19, 2011. 1 further certify that a quorum was present. �/2 0-�n e yn ronson, Town Clerk OF�hrf! coo fit m �� SFAL hl s July 19, 2011 Council Meeting Minutes