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HomeMy WebLinkAbout08/07/2012 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 7, 2012, 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 7:08 p.m. Town Clerk Bronson called roll. All Council Members were present, constituting a quorum. 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 Bowen. Passed unanimously. CALL TO THE PUBLIC . David Morales spoke regarding transparency in government and addressed Council on the issue of authorization to spend money to purchase a wastewater plant. Joan Smith spoke on behalf of the Marana Heritage Conservancy and its president who was unable to be in attendance. She read a letter thanking the Council for their support to sustain the Conservancy. They have rolled out a mobile education unit called Heritage on Wheels which will be able to go to schools and throughout the community in general. She also thanked Council for the use of the municipal building and for their continued presence at events. Harry Davis, a resident of Gladden Farms, asked if Council had been made aware of the issue from the traffic division about the semi-trucks parking along Moore Road behind Gladden Farms. Mr. Davidson asked for contact information from Mr. Davis. August 7, 2012 Council Meeting Minutes Page 1 of 5 PROCLAMATIONS MAYOR AND COtTNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member McGorray noted that this is the week of recognition for national health centers. Vice Mayor Comerford said she had attended the recent Founders' Day meeting and noted that the committee had chosen dates of April 5-7, 2013. Everyone is very excited about tl�is. Council Member Bowen noted that the recent storm which washed out a part of Silverbell Road just south of Marana was a good reminder about the importance of keeping our roads in good repair, and he congratulated the staff who work to make that happen in Marana. Mayor Honea reported on a recent trip he made to Coalidge to help them get a minimum security prison there. He noted that Coolidge was one of the town's supporters to help get the CAAG 208, and it's impartant to keep building good rapport with our neighbors in Pinal County. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson asked Jocelyn Bronson to introduce the members of her new team in the Clerk's Office. Jocelyn introduced Jennifer Mangialardi, who has taken the position of Agenda and Records Clerk. Jennifer has been with the town nearly six years and came from Public Works, mostly in the CIP and Airport divisions. Hilary Hiser is the new records administrator. She is a third generation Tucsonan, a graduate of the Eller College of Management and most recently spent three yeaars working for the Pima CounTy Superior Court as a case analyst in pretrial services. Mr. Davidson also recognized Carl Drescher and the Technical Services team who worked so diligently beginning the day after the 4�' of July when the internal systems failed to replace and repair in three days what they had planned to replace over a three-month period in order to keep things operating. Their work is critically important to help other departments run properly. PRESENTATIONS CONSENT AGENDA. Motion to approve the ConsentAgenda by Council Member Bowen, second by Council Member McGorray. Passed unanimously. C 1: Resolution No. 2012-061: Relating to Development; approving a final block piat for Cascada North, Blocks I-N & Common Areas A& B C 2: Resolution No. 2012-062: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and the Pima County Regional Flood Control District for design and construction of a paved path'under the Cortaro Bridge at the Santa Cruz River. C 3: Resolution No. 2012-063: Relating to Fleet Management; approving and authorizing the Mayor to execute a renewal of the intergovernmental agreement between the Town of Marana and Pima County far the provi�ion of fuel and vehicle maintenance C 4: Resolution No. 2012-064: Relating to Heritage; approving and authorizing the Mayor to execufe a memorandum of understanding between the Town of Marana and the Marana Heritage Conservancy regarding the preservation and promotion of the Town's history and heritage through cultural and heritage-related activities and events in the Town of Marana and the Conservancy's use of the Marana Municipal Complex Community Room August '7, 2012 Council Meeting Minutes Page 2 of 5 C 5: Approval of June 19, 2012 Council Meeting Minutes C 6: Approval of Ju1y 17, 2012 Council Meeting Minutes LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Ordinance No. 2012.09: Relating to Mayor and Council; amending Marana Town Code Title 2 entitled "Mayor and Council," Chapter 2-4 entitled "Council Procedure"; amending Section 2-4-1 to revise procedures for posting of Council meeting notices; amending Section 2- 4-2 to revise provisions regarding agenda format; amending Section 2-4-4 to revise procedures for open ca11 to the public at Council meetings; and declaring an emergency. Jane Fairall discussed the proposed revisions. Three main areas of revisions are agenda notice, agenda format for all meetings and changes regarding Ca11 to the Public. The reason for doing this primarily to track changes to the Open Meeting Law and give more flexibility for special meetings. The substance of changes are to posting requirements and updating language. The second area is the standard agenda format. The code sets forth a standard agenda for regular and special meetings and then a more relaxed format for study session or retreats. In reality we need a more relaxed format. The final change is Call to the public. Currently what the agenda says and what the code says is that you can hear from people on any item not on tonight's agenda. With this change you can speak to any item on the agenda. The Council's practice is to let people speak on the item, even though there's no provision for that in the code. Recently, there was same confusion about whether someone could speak on an item on the Consent Agenda. The rest of the changes are non-substantive. Questions from Council came regardang why Call to the Public is not always on agendas like special meetings. Ms. Fairall responded that right now the code states that we will have Ca11 to t�e Public at every meeting; however, we are not required to have a Ca11 to the Public. But if we do, we have rules to follow. Based on the procedures there would always be a Call to the Public at a regular meeting but not necessarily at a special meeting preceding a regular meeting. Ca11 to the Public can be added to the various agenda formats. Council would not want to limit Call to the Public. Mr. Davidson responded about the number of ineetings we have had and how July was a different month for meetings. If there are set times for Call to the Public at least twice month that would be sufficient. Ms. Fairall clarified that right now the code says there's a Ca11 at every special meeting. Resalution No. 2012-065: Relating to Mayor and Council; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2012.09 to Marana Town Code Title 2"Mayor and Council," Chapter 2-4 entitled "Council Procedure" Motion to approve Ordinance No. 2012. t19 and Resolution No. 2012-065 by Council 1l�ember Post, second by Council Nfember McGvrray. Passed unanimously. A 2: Resolution No. 2Q 12-066: Relating to Mayor and Council; approving an amended agenda format for regular Town Council meetings. Presented by Ms. Fairall, who noted that this is related to the previous item. The last time an agenda format was brought before Council was several years aga. This includes changes the Council just approved and some cleanup language. There is a redlined version included in the Council packet to highlight the changes. Motion to August 7, 2012 Council Meeting Minutes Page 3 of 5 approve by Council Member McGorray, second hy Council Member Ziegler. Passed unanimously. A 3: Relating to Utilities; Appointing a council member or a number of council members to negotiate on the Town of Marana's behalf in the wastewater litigation Added Late. Council Member Kai left the dais, declazing a conflict of interest. �fayor Honea moved to send Council Mem6ers Post and Bowen as the Counril negotiator liaisons with Council Member Ziegler working w#h them on format issues. Second by Vice Mayor Comerford Passed unanimously (r0. 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 D 2: Relating to Parks and Recreation; discussion and consideration of a possible one-time waiver of the Town's mobile sta.ge rental policy regarding the use of the stage outside Town limits and the fees associated with the use of the stage Added Late. Vice Mayor Comerford had a request from a constituent who serves with the National Guard in Tucson. They have an annual appreciation of servicemen each year, and he requested that Council make an exception to our policy for using the stage which is that it is not to be used outside of town limits. She noted that this is a good event for Marana to participate in. She is recommending a waiver of the ordinance. David Benner is the applicant for this use, and the event is the first week of November. Mr. Benner addressed Council and noted that he is a 14-year resident of Marana and this event is an annual hometown hero salute. He realizes it is a slippery slope to loan the stage out against policy. Even though the National Guard hasn't been called out in Marana, it would be an honor for Marana to contribute. Council Member Ziegler spoke in support of the Governor, National Guard and all thing military, but expressed her concern over granting a waiver because the stage was paid for by taxpayer dollars in Marana. She sta.ted that there were abuses of it several years ago, and if Council opens the doar to set this precedent, then it will have to be done for others. Council Member Post asked if it is possible to slightly amend the resolution to allow it to be used by the military on a case by case basis outside the town limits. Council Member McGorray asked if there were exceptions when the Council approved the resolution. Jane Fair$ll noted that there is an exceptian for MIJSD as a community partner. Mr. Davidson concurred. Council Member Ziegler again reiterated that it's not being for or against the military — it's about business and the financial impact to the town. Mr. Davidson continued that there is no provision as to who pays the $972 if costs to use the stage. The costs are related to transporting the sta.ge and the staff required to set it up, stay with it and bring it back. Council Member Bowen noted that there is rea11y no way to ensure that there is no damage to the sta.ge if it goes outside the town limits. Mayor Honea asked for a motion. �ce Mayor Comerford moved for a one-time waiver of the resolution and stated that she would personaldy guarantee sponsorship to cover the fees Second by Council Member Bowen. Passed 6-1 in favor with Council Member Ziegler voting nay. EXECUTIVE SESSIONS August 7, 2012 Council Meeting Minutes Page 4 of 5 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 consulta.tion with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima CountylPima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, Arizona Court of Appeals No. 1 CA CV 11 0381; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3) pending legai issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the da.te of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT. Motion to adjourn at 8: 03 p.m. by Council Member McGorray, second by Council Member Ziegler. �'assed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 7, 2012. I further certify that a quorum was present. August ?, 2012 Council Meering Minutes Page 5 of 5