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HomeMy WebLinkAbout09/06/2011 Regular Council Meeting Minutes .- Id 1 a0 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 6, 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 7:00 p.m. 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 the agenda by Council Member McGorray, second by Council Member Ziegler. Passed unanimously. CALL TO THE PUBLIC. Jose Vesar, owner of Ray's Diesel, asked for sewer lines at his business located on Amole Circle. Mayor Honea told Mr. Vesar that staff would contact him. PROCLAMATIONS National Hunger Action Month. Ms. Bronson read the proclamation. Mayor Honea presented the Proclamation to Linda Hampton, director of the Marana Community Food Bank, who thanked Council for their support. National Preparedness Month Veterans Support Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Members McGorray, Bowen and Vice Mayor Comerford all commented on having attended the Arizona League of Cities and Towns and how well Marana is perceived throughout the state. Vice Mayor Comerford also noted that this coming September 11, there will be a Tunnel to the Tower walk/run at the Crossroads Park to support veterans and first responders at 6:30 p.m. Mayor Honea concurred with the 1 September 6, 2011 Council Meeting Minutes comments of Council Members Bowen and Ziegler regarding the League event. He also noted that he and the Vice Mayor went to Coolidge a couple of weeks ago to help their counterparts in Coolidge who are trying to get a large MTC facility that would help their economy greatly. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson introduced and welcomed new staff Reuben Nunez, police captain, and Carl Drescher, director of Technology Services. PRESENTATIONS CONSENT AGENDA. Council Member Bowen moved to approve the Consent agenda, second by Council Member McGorray. Consent Item C.1. contains an emergency clause and requires a roll call vote. Mayor Honea explained the roll call vote to Council Member Bowen for items with an emergency clause. Ms. Bronson called roll - vote 7 -0 in favor; passed unanimously. C 1: Ordinance No. 2011.22: Relating to Business Regulations; amending the Marana Town Code Title 9 "Business Regulations ", Chapter 9 -4 entitled "Massage Establishments"; modifying definitions; providing that licenses are non - transferable; modifying application and investigation process; providing for appeal procedure; and declaring an emergency Resolution No. 2011 -84: Relating to Business Regulations; declaring the amendments to Marana Town Code Title 9 'Business Regulations ", Chapter 9 -4 entitled "Massage Establishments ", modifying definitions, providing that licenses are non - transferable, modifying application and investigation process, providing for appeal procedure, as a public record filed with the Town Clerk C 2: Resolution No. 2011 -85: Relating to the Marana Municipal Airport; authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration for funding in an amount not to exceed $580,000 for reimbursement of cost overruns on the Airport Road Project and to take all other actions necessary to secure and satisfy the grant; repealing Marana Resolution No. 2011 -49 C 3: Resolution No. 2011 -86: Relating to Administration; approving a Litigation/Legal Holds Administrative Directive for Town of Marana employees and elected and appointed officials C 4: Resolution No. 2011 -87: Relating to Community Development; approving and authorizing the Mayor to sign a replacement intergovernmental agreement with the Arizona Board of Regents on behalf of the University of Arizona College of Architecture and Landscape Architecture for the design and construction of bus shelters within the Town of Marana C 5: Minutes of the August 16 regular meeting 2 September 6, 2011 Council Meeting Minutes LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the American Diabetes Association on behalf of Harley- Davidson, 7355 N. I -10 Eastbound Frontage Road for HOGtoberfest. Ms. Bronson presented this item and noted that the application had been posted properly, no protests had been received. Motion by rice Mayor Comerford, second by Council Member Ziegler. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2011.23: Relating to Development; adopting an amendment to the Continental Ranch Specific Plan for the Pines Phase IIb. Mayor Honea opened the public hearing. Lisa Shafer presented the item to Council noting that The Planning Center on behalf of Red Point Development is requesting an amendment to this specific plan. She gave some background on the The Pines II subdivision. Red Point was not the developer of this property; they picked it up shortly after it was platted. Red Point has had a difficult time finding builders for the Phase Ilb lots, so they are proposing some changes that will help these lots be more attractive to builders. Ms. Shafer enumerated the changes for Council. Mayor Honea asked for speakers from the audience. Speakers on this item included Marcia Jakab, a member of the Marana Planning Commission and Larry Priest from Red Point Development. Ms. Jakab noted that she had opposed the proposed changes to the project at the Planning Commission meeting. Her concern was the small setback that does not allow for visitor and car parking. Mr. Priest spoke and noted that there is a private association that manages the roads within the development and will address a lot of the parking issues. Discussion ensued from the Council that the project is not consistent with the family -type neighborhoods throughout Marana. However, Council Member Post also noted that this is an effort to bring this project back on line and that this particular gated community may be what some homebuyers are looking for — homebuyers who don't have children — who like the idea of no yard or limited yard. He noted that there are many neighborhoods in Marana which do cater to children and families. Council Member Ziegler and Council Member Bowen conceded that Council Member Post's position had merit and concurred with the need to see this project move forward. Council Member Kai asked if a potential homebuyer could ask for a bigger driveway on a smaller lot. Mr. Priest responded that it would depend on who the builder was. One of the reasons they haven't been able to sell this project for the last couple of years is attributable to the fact that national builders are saying they don't have anything in the 1,100 square foot range that they could market. Mayor Honea closed the public hearing. Motion to approve by Council Member McGorray, second by Council Member Post. Passed 6 -1 with Mayor Honea voting nay. A 2: Ordinance No. 2011.24: Relating to Utilities; replacing existing Town Code Title 14, entitled Water, with a comprehensively revised Town Code Title 14, entitled Utilities; revising the content of Town Code Title 14 to include water and wastewater utilities; and establishing an effective date Resolution No. 2011 -88: Relating to Utilities; declaring the comprehensive revisions to 3 September 6, 2011 Council Meeting Minutes Town Code Title 14 as a public record filed with the Town Clerk. Presentation by Frank Cassidy. Motion to approve Ordinance No. 2011.24 and Resolution No. 2011 -88 by Council Member Post, second by Council Member Kai. Passed unanimously. A 3: Resolution No. 2011 -89: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the design and construction of two bridges along the Santa Cruz River behind Continental Ranch. Presented by Tom Ellis, who brought Council up to date on the project before proceeding with the discussion on the IGA. In 2006, the town opened a three -mile section of path behind Continental Ranch from El Rio Park to Wade McLean Park. Last year we opened another mile segment from Cortaro Road almost to Ina behind Crossroads at Silverbell Park. The section that's missing is a 3300 - foot piece connecting Wade McLean Park to Cortaro Road. This section is funded through park impact fees and is in this year's CIP plan at $1.4M. Staff is working on finalizing drawings and bringing resources to complete this section before April 2012. He then gave the details of the path construction, noting that meetings with affected neighbors will be given prior to any construction. Two of the crossings on the path have to be bridged; one crossing is at grade. Mr. Ellis then discussed the IGA. When the path from Cortaro to Ina was built and the bank protection associated with the library and the Crossroads park, there were some unspent bond funds left on the table when the project completed. This IGA allows the town to take advantage of those unspent bond funds of about $200,000. With the approval of the IGA, this money would be available toward the construction of the two bridges. The remainder of the project will be funded by park impact fees which have already been collected. He further noted that the IGA will ensure access to the bond funds in response to a question from Council Member Ziegler. Mr. Ellis further noted that when the project was started staff made sure that there was enough money to fund it. As he noted earlier, the project was budgeted at $1.4M, but that is more than it will take to finish the path and the bridges. Council Member Post asked if there was enough money in the funds to build a crossing at Cortaro bridge. Mr. Ellis replied that there was not, but there are plans to do that in the future when the town can get permits from the Corps of Engineers and some additional planning. Vice Mayor Comerford raised a point of concern regarding safety relative to building a path under Cortaro should there be high water. Motion to approve by Council Member Kai, second by Council Member Post. Passed 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 EXECUTIVE SESSIONS. Motion to go into executive session on Item E 2 by Vice Mayor Comerford, second by Council Member McGorray. Passed unanimously. 4 September 6, 2011 Council Meeting Minutes 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), for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131, Arizona Court of Appeals No. 1 CA CV 1103 8 1; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3) 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 ADJOURNMENT. Motion to adjourn at 9:17p.m. by Council Member Post, second by Council Member McGorray. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 6, 2011. I further certify that a quorum was present. J Town Clerk s AL 5 September 6, 2011 Council Meeting Minutes