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Home My WebLink About11/15/2011 Regular Council Meeting Minutes ,-J-t� , RANA =/ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 15, 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. Meeting called to order by Mayor Honea at 7:00 p.m. Town Clerk Bronson called roll. There was a quorum present; Council Member Post was excused. PLEDGE OF ALLEGIANCE /INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Upon motion by Council Member Bowen, second by Council Member McGorray, the agenda was unanimously approved as written. CALL TO THE PUBLIC. Brett Affholder spoke regarding the Arizona Daily Star moving its distribution center to the former Basha's at Dove Mountain. Mr. Affholder is a homeowner living directly behind this area. His concern is lighting and noise, especially in the summer. His further concern was the notification process when this was scheduled for the Board of Adjustment hearing. After he finished his remarks, Mayor Honea gave a brief rundown of the issue and where it stands at this time. The next speaker was Jane McMurray, a resident of Canyon Pass in Dove Mountain. Ms. McMurray's comments centered over her concern about the recent decision of the Board of Adjustment relative to the newspaper distribution facility. She was also unaware of the meeting and believed that there were no members of the public in attendance, leading her to believe that only minimum notification requirements were met. Her further concern is that the Board of Adjustment decision is a decision that negatively affects the Dove Mountain community and weakens the zoning classification of the retail commercial center as well as other commercial districts within the town. She questioned whether the board members truly understood the impact of their decision to reverse the Planning Director's decision to deny the petitioner's request. She asked that Council consider an appeal to the Superior Court. Council Member Ziegler asked if action is November 15, 2011 Council Meeting Minutes 1 needed to see if the hearing was noticed properly. Mr. Davidson noted that because this is not an agendized item, staff will be available to talk to the citizens after the meeting. Council may also consider this as a future study session or future agenda item. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray noted that the residents of Dove Mountain may need direction on what they can do rather than what they can't do relative to the newspaper distribution center. She noted that she spent time packing food boxes at the food bank for Thanksgiving and asked the community to keep others in mind during the holiday season. Vice Mayor Comerford noted that she would ask for the newspaper distribution center item to be on a future agenda item. Mayor Honea commented on events over the past week including an ADOT meeting and a redistricting meeting held in the Council Chambers and an upcoming grand opening and ribbon cutting on Saturday for the Marana Mortuary. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported on the Council Executive Report and the Arizona Town Hall Energy Report, both of which are available for Council. December 3 rd is the town's holiday lighting from 4 — 8 pm in the courtyard of the municipal complex. The town's department leadership spent November 14 working on the Strategic Plan initiatives and goals. The Finance Department received a number of important awards. He asked Erik Montague to present those awards and recognize his staff. One was the 2011 Agency Certification Award for Public Procurement. This was the first time the town received this award. The other was the Certificate for Achievement of Excellence for Financial Reporting. This is the highest form of recognition for financial reporting and is the third time the town has received this award. He noted that these types of awards would not be possible without the vision and commitment of the Council for accountability and transparency as well as the overall support and direction from the Manager's Office and a core group of dedicated professionals assembled in his department — two of whom were present: Meghan Doherty, Finance Manager, and Michael Glasson, Procurement Coordinator. PRESENTATIONS CONSENT AGENDA. Upon motion to approve the Consent Agenda by Vice Mayor Comerford, second by Council Member McGorray, A roll call vote was taken due to the emergency clauses in Items C I and C 3. Passed unanimously 6 -0. C 1: Ordinance No. 2011.28: Relating to Boards, Commissions and Committees; amending Marana Town Code Chapter 2 -6; modifying section 2 -6 -3 relating to terms of office for members of boards, commissions and committees; and declaring an emergency C2: Resolution No. 2011 -100: Relating to Boards, Commissions and Committees; approving and authorizing the creation of the Marana Citizens' Forum as a special committee of the Town of Marana; and suspending the operation of the Affordable Housing, Business and Economic Development, Parks and Recreation, Police and Utilities Citizen Advisory Commissions November 15, 2011 Council Meeting Minutes 2 C 3: Ordinance No. 2011.29: Relating to Business Regulations; amending the Marana Town Code Chapter 9 -4 entitled "Massage Establishments "; modifying Section 9 -14 -9 relating to lighting requirements for massage establishments; and declaring an emergency C4: Resolution No. 2011 -101: Relating to Personnel; approving and authorizing staff to implement a one -time lump sum employee appreciation pay increase for fiscal year 2011 -2012 C 5: Minutes of the November 1 regular meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2011.30: Relating to Development; an amendment to Title 5 (Zoning) of the Marana Land Development Code, modifying Section 05.11.03 VC (Village Commercial) as it relates to Conditional Uses and Prohibited Uses; and establishing an effective date Resolution No. 2011 -102 Relating to Development; declaring as a public record filed with the Town Clerk the amendment to Title 5 (Zoning) of the Marana Land Development Code, modifying Section 05.11.03 VC (Village Commercial) as it relates to Conditional Uses and Prohibited Uses. Mayor Honea opened the public hearing and Ms. Shafer presented the items. Mayor Honea called for comments from the public. Hearing none, he closed the public hearing. Upon motion by Council Member Ziegler, second by Council Member Bowen, Ordinance No. 2011.20 and Resolution No. 2011- 102 were approved 5 -1, with Vice Mayor Comerford voting nay. A 2: PUBLIC HEARING: Ordinance No. 2011.31: Presentation: Relating to Development; approving a rezoning creating the Cascada North Specific Plan. Mayor Honea opened the public hearing. Presented by Kevin Kish. Mayor Honea asked for clarification on whether this area is served by the Marana Water Department. Mr. Kish noted that it was. Mayor Honea asked for comments from the public. Hearing none, he closed the public hearing. Motion by Council Member McGorray, second by Council Member Bowen to approve Ordinance No. 2011.31. Passed unanimously 6 -0. A 3: PUBLIC HEARING: Ordinance No. 2011.32: Relating to Land Development; amending Marana Land Development Code Title 16 (Signs) by modifying Section 16 -09- 04 (Political Sign); and establishing an effective date Resolution No. 2011 -103: Relating to Development; declaring the amendments to Marana Land Development Code Title 16 (Signs) modifying section 16 -09 -04 (Political Sign) as a public record filed with the Town Clerk. Mayor Honea opened the public hearing. Presented by Lisa Shafer, who noted that this past year, the state legislature passed HB 2500 which gives persons the ability to put political signs in the public right of way. The Marana land development code did not allow political signs in the public November 15, 2011 Council Meeting Minutes 3 right of way, so to conform with state statute, the land development code is being amended. Mayor Honea asked for comments from the public. Hearing none, he closed the public hearing. Upon motion by Council Member McGorray, second by Council Member Bowen, Ordinance No. 2011-.32 and Resolution No. 2011 -103 were unanimously approved. A 4: Resolution No. 2011 -104: Relating to Development; approving a preliminary plat for Tortolita Reserve. Presented by Lisa Shafer, who noted that no preliminary plats have been brought to Council for approval in a very long time, so this is a good sign. The application is requesting approval of the 79 -lot single family subdivision on 39 acres. The location is on the west side of Tortolita Road north of Moore Road, across from Heritage Highlands. All the roads in the subdivision are public roads and subject to impact fees. The Planning Commission recommended unanimous approval. The applicant addressed the question of one and two story homes. The residential guidelines allow 50% two -story homes, and they are aware of the concerns of two -story homes near existing residential areas and will take that into consideration at a future time. Mr. Cassidy clarified that there is no opportunity to impose a height restriction at the platting process. Motion to approve Resolution No. 2011 -104 by Council Member Bowen, second by Council Member %ai. Unanimously approved. A 5: Resolution No. 2011 -105: Relating to Intergovernmental Relations; adopting a 2012 Town of Marana legislative program and authorizing those authorized to lobby on behalf of the Town of Marana to represent and pursue it. Presented by Mr. Davidson, who noted that this resolution authorizes staff to engage in lobbying activities with the state legislature and other components of state government. There are a number of themes to be covered as a local government to make sure that we maintain local control as best we can to better serve our citizens; items that empower the town to have enough flexibility to come up with solutions and ideas for local challenges. This resolution allows staff sufficient latitude to be able to cover items that may come up in the next legislative session to deal with. It also calls out the town's ability to introduce legislation that would help support our citizens and our overall community. He noted that a change that needs to be made in Section 2 D. of what was previously given to Council in their packets. Mr. Cassidy clarified the intent of the proposed language, which is intended to be less vague and clearer. Mr. Davidson further clarified that in the motion, he would like to include language which says "including the reasonable expenditure of funds to accomplish the stated goals." As we prepared the FY '12 budget, we included monies that are used for our lobbyists which has been TriAdvocates. If we need to hire any specialized lobbying services, then that will be accomplished by pulling funds from other areas, but this language would be sufficient to cover those activities. Council Member Ziegler asked for clarification on what would be brought back to Council for approval. Mr. Davidson noted that if Council approves the motion contained with the resolution, no further Council approval is needed for items generally covered in the resolution. Items additional to what is in the resolution would be brought back for Council approval. Motion to approve Resolution No. 2011 -105 by Council Member Bowen, second by Council Member Ziegler. Vice Mayor asked for the additional language to be included to be ream Mr. Davidson read the language, which is "including the reasonable expenditure of funds to accomplish the stated goals " Motion passed unanimously 6 -0. November 15, 2011 Council Meeting Minutes 4 ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies. No action necessary. EXECUTIVE SESSIONS. Motion to go into executive session on Items E 3 and E 4 by Council Member McGorray, second by Council Member Bowen. Passed unanimously. Council Member Ziegler noted that the speakers from Dove Mountain were still in the audience and asked if it was appropriate to address that item before going in into executive session. As indicated below, Mayor Honea put the Dove Mountain item on a future agenda. Council proceeded to executive session. Council reconvened at 8:07 p.m. E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A3), 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. l 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 E 3: Executive session pursuant to A.R.S. § 38- 431.03(A)(4), discussion or consultation with the Town's attorneys to consider its position and instruct its attorneys regarding the possible settlement of the condemnation case entitled Town of Marana v. 4 Points Development Group, LLC, et al., Pima County Superior Court Case No. C20094525. Mr. Cassidy asked for a motion relating to Item E3, the 4 Points case, requesting Council authorization to settle in the amount of $120K plus statutory interest Motion to approve by Mayor Honea, second by Vice Mayor Comerford. Passed 6 -0. E 4: Executive session pursuant to A.R.S. § 38- 431.03(A)(4), discussion or consultation with the Town's attorneys to consider its position and instruct its attorneys regarding the possible settlement of the condemnation case entitled Town of Marana v. Porteck, et al., Pima County Superior Court Case No. C20093013. On Item E4, Mr. Cassidy asked for authorization to settle in the amount of $50K plus statutory interest. Motion to approve by Council Member Kai, second by Council Member McGorray. Passed unanimously. FUTURE AGENDA ITEMS. Pursuant to Council Member Ziegler's request, Mayor Honea put the issue of the newspaper distribution center on a future agenda to address the mechanics of notification on the Board of Adjustment decision. Vice Mayor November 15, 2011 Council Meeting Minutes 5 Comerford further noted that anyone who is present and wished to be notified would need to give their names and addresses. ADJOURNMENT. Motion adjourn by Council Member Bowen, second by rice Mayor Comerford Passed unanimously 6 -0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 15, 2011. I further certify that a quorum was present. oF 4��C� 1 ocelyn C. onson, Town Clerk .: ��KoRPOwrrF' ji SL` L�iJ PIP 46 will hS November 15, 2011 Council Meeting Minutes 6