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Home My WebLink About03/11/2008 Special Council Meeting Agenda Packet ~oWN o~ SPECIAL SESSION COUNCIL MEETING NOTICE AND AGENDA 9 ; Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 qRIZONP March 11, 2008, at or after 6:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Carol McGorray Jon Post Roxanne Ziegler ACTION MAY BE TAKEN BY THE COLJNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. AS A COURTFSY TO OTHERS, PLEASE TURN OFF OR PUT IN SII_.EM MODE ALL PAGERS AND CELL PHONFS. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than March 10, 2008, 6:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. IoWN oF SPECIAL SESSION COUNCIL MEETING NOTICE AND AGENDA 9 ~ Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 qRIZONP March 11, 2008, at or after 6:00 p.m. SPECIAL SESSION A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS - 1. Presentation: Capital Project Financing Alternatives (Erik Montague) 2. Presentation: Certificates of Excellence (Gilbert Davidson) 3. Presentation: Overview of the Camino de Manana project and the acquisitions needed to construct it (Frank Cassidy and Barbara Johnson) ANNOUNCEMENTS/UPDATES PROCLAMATIONS F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. IoWN oF SPECIAL SESSION COUNCIL MEETING NOTICE AND AGENDA 9 ~ Council Chambers ' 11555 W. Civic Center Drive, Marana, Arizona 85653 qRIZONP March 11, 2008, at or after 6:00 p.m. 1. Minutes of the January 8, 2008 regular session. J. COUNCIL ACTION K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat/Steve Romero) M. EXECUTIVE SESSIONS 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. " 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 various water rights, water service, water acquisition, sewer service and related issues, including without limitation (a) the lawsuit entitled Town of Marana v. Pima County, Maricopa County Superior Court No. CV2008-001131, (b) the lawsuit entitled Pima County v Town of Marana, Pima County Superior Court No. C20077448, (c) possible acquisition of Tucson Water infrastructure and accounts located within the Marana town limits. 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 purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers, 226-15-008B, 226-15- 017B, 226-15-018B and 226-15-019A, and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. N. 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 date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT tpW N OR TOWN COUNCIL MEETING TOWN OF MARANA q r~;: INFORMATION ° qR1ZONP MEETING DATE: March 11, 2008 AGENDA ITEM: E. 1 TO: MAYOR AND COUNCIL FROM: Erik Montague, Finance Director SUBJECT: Presentation: Capital Project Financing Alternatives DI5CUSSION Several high priority capital projects were identified during the development of the Town's $164 million Capital Improvement Plan (CIP) for fiscal year 2007-08. The overall CIP financing plan anticipated the possible issuance of debt to fund portions of these priority projects. Municipalities have several financing alternatives available to them to fund capital projects. Each form of financing has advantages and disadvantages. However, when properly structured, long-term debt financing provides the opportunity to accelerate the delivery of projects, spread the project cost over the useful life of the asset and smooth the impact (annual cash flow) on the operating budget. The firm of Stone & Youngberg serves as the Town's financial advisor. Mark Reader, Managing Director of Stone & Youngberg will present the various financing alternatives available to the Town and discuss some of the advantages and disadvantages of each financing alterative. The presentation will include the following: ¦ Projects under consideration for debt financing ¦ The types of financing opportunities available to municipalities ¦ A summary of existing debt obligations ¦ Current market conditions ¦ Credit rating criteria ATTACHMENTS None. Copies of the presentation will be provided before the meeting. RECOMMENDATION None. SUGGESTED MOTION None. Presentation is for informational purposes only. Capital Project Financing Alternatives Presentation 3/03/2008 8: 30 AMEM 1pWN OF TOWN COUNCIL MEETING TOWN OF MARANA q; ; INFORMATION '~RIZON~' MEETING DATE: March 11, 2008 AGENDA ITEM: E. 2 TO: Mayor and Council FROM: Gilbert Davidson, Deputy Town Manager SUBJECT: Presentation: Certificates of Excellence DISCUSSION Deputy Town Manager Gilbert Davidson will present Certificates of Excellence to employees who displayed the Town of Marana core values: Excellence, Teamwork, Honesty, Integrity, Community, and Service, during the Accenture Match Play, February 2008. RECOMMENDATION No recommendation needed- presentation only. SUGGE5TED MOTION No motion required - presentation only. tpWN OF TOWN COUNCIL MEETING TOWN OF MARANA q ~ INFORMATION qRIZON~' MEETING DATE: March 11, 2008 AGENDA ITEM: E. 3 TO: MAYOR AND COUNCIL FROM: Barbara Johnson, Public Works Director Frank Cassidy, Town Attorney SUBJECT: Presentation: Overview of the Camino de Manana project and the acquisitions needed to construct it DISCUSSION This item gives staff and the Council an opportunity to understand the scope of the Camino de Manana project and the right-of-way acquisitions needed to construct it. The Camino de Manana project is an RTA-approved project that begins at the eastern terminus of the new Twin Peaks transportation interchange project and ends at the Tangerine Road and Dove Mountain intersection. It is ultimately planned to be a four-lane divided major arterial roadway, and the initial right-of-way acquisition for which staff will seek a resolution next week will accommodate this four-lane cross-section. Staff anticipates that this project will be put out to bid in September 2008, so that construction will be consistent with the RTA schedule and the Twin Peaks interchange construction schedule. To meet that timeline, staff will bring the resolution authorizing condemnation to the Council at its March 18 meeting. The base bid for the Camino de Manana project will be for a two-lane roadway, with a four-lane option as an alternate bid. When the bids are received, if the cost of the four-lane construction exceeds the authorized funding, construction of the two-lane roadway (the southeast half of the ultimate four-lane roadway) will proceed within the four-lane road prism. Staff currently anticipates that right-of-way and easement acquisitions will be needed from 53 different properties along the Camino de Manana alignment. Some of the acquisitions are antici- pated to be accomplished as a result of dedications required as conditions of rezoning and plat approval. RECOMMENDATION None. 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' f ~ . ~ ~ / . ~'~1`~ . h ~':s , y"/ ~ s MINUTES OF SPECIAL SESSION COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: January 8, 2008 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Mayor Pre,~,~nt Herb Kai Vice Mayor ` \~'ei~ Russell Clanagan Council Member esent ~M~., Patti Comerford Council Member ; e~nt Carol McGorray Council Member Pr ~ Roxanne Ziegler Council Member Prese " STAFF Mike Reuwsaat Town Man~ger`~ ~F Present Gilbert Davidson Deputy Town M~ r ~~esent ~ ~ ~~a. Deb Thalasitis Assistant Town Mar~ Present Frank Cassidy To ~ Attorney ~~~N Present Jocelyn Bronson To ~ ` ~,res nt ~.~;y~~::.,, ~ B. PLEDGE OF ALLEGIANCE AND I OC OM ' T OF SILENCE ~:r:~ ~ Led by Mayor Ed Ho ` ~ ' ~ r~ ~ C. APPROVAL ~ ~ NDA ~ r Motion: A., . ve, Mov~~,~ r~Patti Comerford, Seconded by Vice Mayor Herb nim ~ ~ , ~ ~ ~ D. ~ TO THE PU~~~~, ~ ~ ~ ~ Anthon ~.uno & Davi " orales addressed the Council on various topics. ~ v~__ ~ x E. PRESENTA"` ~ , S i:> . ANNOUN ENTS/UPDATES - PROCLAMATIONS - F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea stated that Council, Senior Staff, Department Heads and the Management Staff had an in-town retreat this past weekend. 1 MINUTES OF SPECIAL SESSION COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: January 8, 2008 G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA Motion: Approve, Moved by Council Member Patti Comerfor_ econded by Council Member Russell Clanagan. ~c~ _ r~:~~~'u 1. Resolution No. 2008-01: Relating to Public Works;: and authorizing an intergovernmental agreement between the Region~ r. rans ~ tion Authority and the Town of Marana for the construction of tt~~a c` o de ~ -Linda Vista Boulevard to Tangerine Road, Roadway an~~~rainage Improve ~Project , , ~ 2. Resolution No. 2008-02: Relating to Pu~~`~ ~ rks, a oving and au ~~izing an intergovernmental agreement between the R" ' a°'sportation A~athority and the Town of Marana for construction of Silverb f oad, Cortaro Road to Ina Road (SilverbelUIna Road intersectio~~mprovement PV ~ t ~ 3 0 3. Resolution No. 2008-03: Relating~~ nity Devel~ nt; granting $2,500 in Discretionary Funding to the Com~~nity nk, It~~e. an Arizona 501(c) (3) . non-profit organization to support rau~~~Foo ~programs for Marana senior ~ , ` citizens, youth, a~l ~es ~ , =~r 4. Resolution ~ 8-04: ~ ating to Co ~pity Development; approving and authorizing the io intergove ental agreement with Pima County for ~ the ma~ , ent a -~~e 2004-2005 Community Development ~ Blo ram~ Decem '~~31, 2008 ~ cE~~w 3 '2`- ~ ~ ~ ~ ,:W ~ olution No 2~ 5: R W to Development; approving a release of assurance e Pines Phas , nd ac~ tance of public improvements for maintenance P g , ~ \ ~ . ~ ~ 6. Resolut ~a v o. 2008 : Relating to the Police Department; authorizing execution of a gran~= eme~~~' ith the Arizona Criminal Justice Commission for funding of Marana's p;; k "~ion on the Southern Arizona DUI Task Force 7. Resolution No: 2008-07: Relating to the Police Department; approving and authorizing the continuation of an intergovernmental agreement with the 8. Pima County/Tucson Metropolitan Counter Narcotics Alliance; and declaring an emergency 9. Minutes of the regular meetings of November 20, 2007, December 4, 2007 and December 19, 2007 special session meeting. 2 MINUTES OF SPECIAL SESSION COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: January 8, 2008 J. COUNCIL ACTION 1. PUBLIC HEARING. Ordinance No. 2008.01: Relating to Development; approving and authorizing a rezoning to create The Shops at Tangerine and I-10 Motorplex at Tangerine Specific Plan Kevin Kish presented this item to Council. The purpose of the re-zoning is to provide functionality and creativity in site planning and design that the developer cannot achieve with the current zoning. The plan is divided up into two different ~and use designations; Regional Retail Center and Auto Park. Frank Cassidy adde t`~nditions two and three are recommended improvements to the current Ordir~ ` E e. These proposed im provements will allow the Town to modify off-site i s~ re requirements. Mitch Stallard of Westcor stated that the proposed Ordinan to re ~will allow the Motorplex to become a valuable asset to the Tow~r~ r.'~tallard d his concerns regarding the recommended conditions of appr re~ `arding the is +~f Public Art (Item 4), Mr. Stallard requested that this it - e chan ed to be done i~'4 un~tion "with the Town and developer." Mr. Sta~ ited th arana Arts Co ~'~~'~to discuss this topic. Mr. Stallard requested that Item 8 b w negotiated a~f'`the time of the Development Agreement. Upon input from Fr ~ assidy, Vice Mayor Herb Kai, Mike Reuwsaat and Council ber Ziegler, Mr. lard withdrew his request to modify Item 13. He had asked Co ~ y have the sam ~ ence added as Item 8 above, to be allowed to be negotiated at th ~~si~~ e Developm eement. Vice Mayor Kai stated that any reimbursement a eme d have eria to have a public benefit ~ towards the Town. ~ ~ s ~ ~ ~ ~ ;t. Motion: Appr4 ivit ditions Mov~by Council Member Russell Clanagan, „aC... .3e3, Seconded b,y cil Me ' r Carol Mc~t~~rray. ~ ~ 3~~ ~ 2. Ordinance No 20~~~~~ Re~~state; approving an exchange of real pro d at t=~ ersec range Grove and Thornydale Roads; . a~~iorizmg't' ~ yor cute a Real Estate Exchange Agreement and any deeds d other docu '~~t,~ nece accomplish the exchange; and declaring an ,~ency ~ ~ ~ \ \ , Y FranI~ , sidy preser~~~d this item to Council. ; , Motion: ~ave~ ~oved by Council Member Russell Clanagan, Seconded by Council Member Patti`~~~erford. 3 MINUTES OF SPECIAL SESSION COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: January 8, 2008 3. Resolution No. 2008-08: Relating to Development; removing from all applicable Gladden Farms plats the plat note regarding side yard fence returns Kevin Kish presented this item to Council. Copies of the presentation are available for viewing at the Town Clerk's Office. Bob Costa of Gladden Farms addressed Council about this item. Mr. Costa stated that he has been working on this issue for the past two years and is looking forward to this Resolution being passed by Council. Motion: Approve, Moved by Council Member Carol McGorra,y Seconded by Vice Mayor Herb Kai. ~ ~''~~~~x 4. Resolution No. 2008-09: Relating to Development; au_ g staff to enter into a contract with CMG Drainage Engineering for the pose erforming a detailed floodplain study of areas of the Town affected t~ h ropose MA remapping; and declaring an emergency ~ ; Keith Brann presented this item to Coun~~~ , e Phase ~i drainage study ~t is not to exceed $500,000 with a schedule of five mo" o be~rted to FEM . opies of the presentation are available for viewing at the e£~~lerk~'s Office. Mike Reuwsaat commented that the Town will alook into recoupi~ ''~~,ime of the study's cost from the private sector, and other concern~~ ~ ies. Mr. Reuw~~y mentioned that the State Land Department has agreed to a$25, ~bution. Vice ~~r~r Kai stated the Cortaro Marana Irrigation District (CMID) il ute $25,Ot~{~'~to this project and future contributions from others should foll ' ~~presenting a private coalition of landowners, mfc~,: Council that rivate c ion has already raised $200,000 for this study ar~~ ~ ey~ continue rai g money. r. Racy praised CMID, the State Land Depart and the ate sector fo 11 of their contributions. ~ ~ Motion: Approve, ~~~d ~~'a~~~a,yor b Kai, Seconded by Council Member Carol McG , : , ~ K. B` 3-~ S COM i NS C MMITTEES w: ~A E ~ 3~ 1 R tion No. 200 Rel~ting to Boards, Commissions and Committees; appr and auth " ing the appointments of John Officer and Mike Lee as alterna ' en me ~€ers of the Personnel Action Review Board ~ Jocelyn Bro~~ esented this Resolution to Council. Copies of the applications are available for vi,,,: ing at the Town Clerk's Office. Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. 4 MINUTES OF SPECIAL SESSION COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: January 8, 2008 2. Resolution No. 2008-11: Relating to Boards, Commissions and Committees; approving and authorizing the establishment of a Police Citizen Advisory Commission Jocelyn Bronson presented this Resolution to Council. Copies of the applications are available for viewing at the Town Clerk's Office. Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. tit ' L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 3~~ 1. Discussion and direction regarding proposed ame ents'~„ _itle 12 (Traffic) of the Marana town code, regulating construction ' o~ right .W` ay, establishing a permit process, providing penalties for ' a on and re ' g the current ,~r:~ uncodified ordinance regulating construc ` in town rights-of wa . ~ Keith Brann presented on behalf of Jane Fa = Thi osal would a~~end the right- of-way Ordinance and the Roadway Moratorium s Or inance. 63~1~ Motion: Approve, Moved by Member Car cGorray, Seconded by Vice Mayor Herb Kai ~ , , \ , M. EXECUTIVE SESSIONS ~ ~ ° ~ : Motion: Adjour~~o ~'ve Session, oved by ice Mayor Herb Kai, Seconded by Council Me arol rray. ~ ~ E n 1. Executive Session ~ 3`E 31.03 (A)(3), Council may ask for disc ~nsult for e~~~ . ce with the Town Attorney concerning any ~ ~ er ~Lste 's ag utive Session uant ~ R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice 4 ~ L, wi f Town Atto ' con erning water rights and water service issues and to consu ' h and ins ct the Town Attorney and the Town Manager concerning the lawsuit ed Tow ~ of Marana v. Pima County, Pima County Superior Court No. C200T a~ to direct the Town Manager and Town Attorney with respect to that litigation`\ other water rights and water service issues (Frank Cassidy) 3. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning annexation of the Marana Wastewater Treatment Facility and to consult with and instruct the Town Attorney and the Town Manager concerning the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20077448, and to direct the Town Manager and Town Attorney with respect to that litigation (Frank Cassidy) 5 MINUTES OF SPECIAL SESSION COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: January 8, 2008 4. 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 purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers, 226-08-0140, and 226-15-0130, and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. Frank Cassidy asked Council to authorize a settlement of parce~; 226-08-0140 not to exceed the amount of $257,948. Motion: A rove or sta to roceed as directed in ~cu ession. Moved by PP .r .r.f P , Council Member Russell Clanagan, Seconded by Co~~tcil Met~~r Carol McGorray. N. FUTURE AGENDA ITEMS ~ s~- ~~~z. ~ _ Council Member Clanagan spoke ab eed f?' dog park wi m the Town. Council Member Ziegler stated that a dog p ac ~designed for~`` he Silverbell- Cortaro District Park. (Note: A dog park is also p1 for the San Lucas Park.) O. ADJOURNMENT ~ ~ ~ ~ Motion: Adjourn, Moved by Counci em~e ~McG~ray, Seconded by Council ~ Member Russell Clana~an. ~ , ~y ~~~r, ~ ~ x,. z~ ~ CERTIFICATION ~ ~ ~ , I hereby ce~ foreg re the t~ nd correct minutes of the Marana Town Council meetin ~1d on Janu~~ 008. her certify that a quorum was present. ~ ~ ' ~ ~ ~~~~R _ , Jocelyn C. Br Town C~k ~ 6