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Home My WebLink About12/06/2011 Regular Council Meeting Minutes MARAA =/ I \ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 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 7:02 p.m. Town Clerk Bronson called roll. All Council Members were present except Council Member Bowen, who was excused. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by Council Member Post. Passed unanimously. CALL TO THE PUBLIC. Hailey Oesterling and Hannah McCoy, Marana High School students representing the STAND Club (Students Together Against Narcotics and Drinking), spoke to Council regarding the Marana High School Prom after -party at Bedroxx. They asked for donations to help offset the costs associated with the event. The total cost of the event is approximately $8,000. Vice Mayor Comerford asked town staff to look into getting a town credit with Bedroxx to help lower the cost for the event and mentioned that anyone wishing to make a donation can contact the Marana School District for information. PROCLAMATIONS Mike Henry Proclamation Town Clerk Bronson read the proclamation while Mayor Honea presented it and made remarks regarding Officer Henry's time with Marana. December 6, 2011 Council Meeting Minutes 1 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea commented on the Raytheon celebration, the Sonoran Science Academy open house and the passing within the past two weeks of two former Council Members, David Anway and Gary Nesbit. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson thanked all staff and volunteers who participated in preparing for the Holiday Tree Lighting event which had to be canceled due to inclement weather. He hopes that next year the weather will cooperate. He noted that the Marana Strategic Plan draft plan is being worked on and will be presented in the beginning of the new year. PRESENTATIONS P 1: Relating to Northwest Fire; annexations within the Town of Marana, and fire coverage for Marana citizens in non - annexation areas. Chief Jeff Piechura and Board Chair George Carter of Northwest Fire district presented an update on the annexations within the town limits. Northwest Fire would like the Town of Marana to help require annexation into the Fire District during the permitting process. Northwest Fire's concerns are that properties in certain areas of Marana will not have fire coverage because they will not contract with or annex into the Northwest Fire district area and that current annexations in other areas will remain without fire coverage once they expire and do not re- annex. The Ritz Carlton is one of these properties. Council Member Ziegler asked if Northwest Fire would respond to a fire at the Ritz Carlton. Chief Piechura noted that if the Ritz caught on fire the call would not be in Northwest Fire's geobase, meaning that they would not get the call. Council Member Ziegler expressed concern that there are businesses and residents without fire protection at their own choosing. Council Member Post noted the town's focus to streamline business permitting process and expressed his concern with the lack of ease with Northwest Fire's permitting process. Chief Piechura noted that they now have their plans reviewer in town hall to help with the review process. Vice Mayor Comerford agreed with Council Member Post's concerns about Northwest Fire's permitting process. Council Member Kai reaffirmed the need to help small businesses in Marana. Chief Piechura noted that Northwest Fire is trying to balance the need and purpose of the fire code. Council Member Ziegler reaffirmed her belief that fire protection is necessary regardless of the town's business permitting processes. Mayor Honea thanked Northwest Fire for their presentation and would like to continue working to mitigate the concerns that Council has about the fire district. Council Member Post also thanked Chief Piechura for his presentation. CONSENT AGENDA. Motion to approve by Council Member Post, second by Council Member McGorray. Passed unanimously. C 1: Resolution No. 2011 -106: Relating to Administration; approving fiscal year 2011- 2012 budget adjustments C 2: Resolution No. 2011 -107: Relating to Elections; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pima County for the provision of election services for the period of January 1, 2012 through December 31, 2016 December 6, 2011 Council Meeting Minutes 2 C 3: Ordinance No. 2011.33: Relating to the Utilities Board; amending Town Code section 16 -1 -2 (Membership) to revise and update the membership of the Marana Utilities Board C 4: Resolution No. 2011 -108: Relating to Utilities; establishing a policy concerning water service outside town limits C 5: Minutes of the November 15 study session and November 15 regular meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a Person to Person Transfer of a Series 6 (Bar) liquor license application submitted by Douglas R. Johnson on behalf of Bedroxx, located at 4385 W. Ina Road. Presented by Ms. Bronson, who noted that the application was properly posted and there were no protests received. Staff recommended council approval. Motion to approve by council Member Post, second by council Member Ziegler. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Ordinance No. 2011.34: Relating to Offenses; amending Marana Town Code Title 11 entitled "Offenses "; amending Section 11 -3 -3 relating to graffiti abatement procedures; amending Section 11 -9 -1 relating to general penalties; and designating an effective date. T. VanHook and Laine Sklar presented the item. Ms. Sklar note that the amendments will clarify the contents and delivery of notice when the graffiti abatement officer finds graffiti on property by requiring certified mailing or hand delivery of the notice to the property owner. The timeframe in which the property owner has to abate the graffiti will be reduced from 10 days to within 48 hours of receipt of notice. The original design and color scheme of the property must also be restored and there will be a mandatory minimum $250 fine. The cleanup penalty provision will also be clarified. Council Member Ziegler expressed her concern about the mandatory regulations and fines imposed on the victims of graffiti and asked for clarification from Ms. Sklar. Debate ensued on this item among Council. Mayor Honea called for a motion. Motion to approve by Council Member McGorray, second by Mayor Honea. Motion failed by a vote of 3 aye and 3 nay. Mayor Honea, Council Member Kai and Council Member McGorray voting aye, and Vice Mayor Comerford, Council Member Post and Council Member Ziegler voting nay. Mr. Davidson noted that staff would take the comments made by Council and return with a modified version of the ordinance. 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 December 6, 2011 Council Meeting Minutes 3 Motion to go into executive session on Items E 2 and E 3 by Council Member Post, second by Council Member McGorray at 8:25 pm. Passed unanimously EXECUTIVE SESSIONS 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 E 3: Executive session pursuant to A.R.S. § 38- 431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the possible purchase of certain water and wastewater utility facilities and real property FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn by Council Member Post, second by Council Member McGorray. Meeting adjourned at 9:29 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 6, 2011. I further certify that a quorum was present. J elyn C. ronson, Town Clerk� �oaI x z SFi�. s it1� ® December 6, 2011 Council Meeting Minutes 4