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HomeMy WebLinkAbout01/22/2008 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: January 22, 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 Present Herb Kai Vice Mayor Present Russell Clanagan Council Member Present Patti Comerford Council Member Present Carol McGorray Council Member Present Roxanne Ziegler Council Member Absent/Excused STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Deb Thalasitis Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. C. APPROVAL OF AGENDA Moved by Council Member Patti Comerford, Seconded by Council Member Carol McGorray. Approved unanimously. D. CALL TO THE PUBLIC Larry Ott, President of Sunflower Homeowners Association in Continental Ranch, thanked the Council for selecting a new member to Council. Mr. Ott requested that the Council respond to the SHOA as to a schedule regarding the resurfacing and maintenance of streets within the Sunflower Active Adult Community in Continental Ranch that had previously been postponed. Secondly he asked for continued drive thru patrols by MPD within the community in particular later in the evening. Michael Cox, expressed concern about a pre-school (Community Christian) in his neighborhood that lines their playground with used railroad ties which, as researched by Mr. Cox, are rather toxic as they contain Creosote. He wanted to bring this to the Council's attention in the hopes that something be done about it. I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: January 22, 2008 Ed Stolmaker, President and CEO of the Marana Chamber of Commerce / Board Member of the Marana Health Center, thanked the Council, staff and the residents of the community for their support of the Marana Health Center's 501h Anniversary celebration held this past Saturday. Kathleen Kennedy, representing the Coalition for Sonoran Desert Protection 300 E. University Blvd, in regards to the Town's acceptance in the filing of the DeAnza Referendum and a potential lawsuit from Red Point Development; requested (on behalf of the Coalition) that the Council reject the demands of Stubbs & Schubart, PC. She also asked that the Council, "support the legitimacy of the Town's process as well as the work done by the staff'. E. PRESENTATIONS 1. Presentation: Presentation on the 2008 State and Federal Legislative Agenda Priority Issues Packets Josh Wright thanked the interns, Garrett Culver and Rebecca Kunsberg, for their hard work on this presentation. Mr. Wright explained that these packets include research and policy writing of the hot button issues for the year on both State and Federal levels. The issues are broken down into two types of projects; 1) project-based, which asks for a specific request or an authorization of funds for a specific project within the Town; and 2) Lobbying on a general issue that would affect municipalities and the Town in the future. Vice Mayor Kai commented that the Town should support the Solar Alternative Energy protocols from the Governor. Vice Mayor Kai also suggested that the Multi-Species Conservation Plan was very important as it will ensure that water would not be interrupted. ANNOUNCEMENTS[UPDATES - PROCLAMATIONS - F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Carol McGorray attended the State of the State Address given by the Governor of Arizona. She also stated that she was at the media conference today regarding the Accenture Match Play Championship that will be held on February 18-24 1h at The Gallery Golf Club at Dove Mountain, South Course. Mayor Ed Honea talked about being at the 50 th Anniversary Celebration of the Marana Health Center. The Mayor congratulated the Health Center for a having "first class event" that included keynote speaker, Congresswoman Gabrielle Giffords. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: January 22, 2008 G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mike Reuwsaat added that the Marana Health Center was the first facility of its kind in the State of Arizona. Mr. Reuwaat also stated that Arizona Governor Janet Napolitano has accepted the honorary chair position of raising funds locally for the Health Center. Mr. Reuwaat introduced a new employee, Stephen Romero. Stephen holds the position of Intergovernmental affairs Administrator. Mr. Romero thanked the Council for the opportunity of working for the Town of Marana. He also commented that he looks forward to working with the Council and staff. H. STAFF REPORTS GENERAL ORDER OF BUSINESS 1. CONSENT AGENDA J. COUNCIL ACTION 1. PUBLIC HEARING. Ordinance No. 2008.03: Relating to Development; approving and authorizing a rezoning for Gladden Farms Blocks 14, 15 & 25 Kevin Kish explained this proposed ordinance as described on the Council report. Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Carol McGorray. 2. a. Ordinance No. 2008.04: Relating to Traffic; regulating construction in town rights-of-way; establishing a permit process; providing penalties for violation; amending Title 12 of the Marana Town Code by renaming Title 12; adding Chapter 12-7; renumbering existing Chapter 12-7; and declaring an emergency Jane Fairall addressed as to the modifications made since January 8, 2008. One of these changes was to guarantee the pavement cuts. Originally the guarantee was until the pavement is five years old. The updated version states that the pavement either is five years old or for one year, whichever period is longer. The second change has to do with requiring applicants for a permit to post cash assurances for work in the rights-of-way. Also third party trust forms of insurance will not be accepted for this kind of work. Ms. Fairall thanked Keith Brann and James Flores. Mr. Flores brought this issue to the attention of the Town Attorney's Office, as there was an issue enforcing the ordinance. Motion: Approve, Moved by Council Member Carol MrGorray, Seconded by Vice Mayor Herb KaL 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: January 22, 2008 b. Resolution No. 2008-12: Relating to Traffic; declaring the revisions to Town Code Title 12 adopted by Marana Ordinance No. 2008.04 as a public record filed with the Town Clerk; and declaring an emergency Jane Fairall stated to the Council that this Resolution will declare Ordinance No. 2008.04 a public record and to assist in publishing. Motion: Approve, Moved by Council Member Carol McGorray, Seconded by rice Mayor Herb KaL 3. Resolution No. 2008-13: Relating to Public Works; approving and authorizing the acquisition of certain property for the Camino de Mafiana/Dove Mountain extension project; and declaring an emergency Cedric Hay stated that this would be the time to purchase this property as is, undeveloped as it has the potential to be involved in many development projects in the future. Motion: Approve, Moved by Vice Mayor Herb Kai, Seconded by Council Member Carol McGorray. K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Discussion and direction to staff concerning a request by the Southern Arizona Homebuilders' Association to liberalize temporary signage requirements within Town right-of-way and for offsite real estate project directional signs Frank Cassidy addressed the issue as described in the Council information. Blair Anderson, representing SAHBA, asked the Council to delay on a decision as to temporary signage. Mr. Anderson stated that SAHBA is open to ideas such as time frames and registering the locations of signs. Council Member Patti Comerford mentioned that in the past it seemed that prior signage was ignored or let go from Friday - Sunday. Council Member Russell Clanagan added that he would be reluctant to make any changes to the current signage code. 2. State Leizislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Mike Reuwsaat stated that a new Federal Lobbyist recommendation will be made to replace Art Chapa. He also mentioned that there could be an amended legislative package regarding the Tangerine Interchange if there is funding available. M. EXECUTIVE SESSIONS 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: January 22, 2008 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),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the lawsuit entitled Town of Marana v. Pima County, Maricopa County Superior Court No. CV2008-001131, and to direct the Town Manager and Town Attorney with respect to that litigation and 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) 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 Camino de Maftana/Dove Mountain extension project, CIP number 2001-052, from the parcel of property generally identified as Pima County Assessor's parcel number, 219-35-0130. 5. 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, 226-15-0090, 226-15-0130, 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 condenmation proceedings relating to the same property rights. Public Session: Motion: Approve the purchase ofproperty listed as Parcel 226-15- 0130. Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. Approved unanimously. 6. Executive Session pursuant to A.R.S. §38-431.03 (A)(3) and (4) for discussion and consultation for legal advice and to and consider the Town's position and instruct its attorneys regarding the January 10, 2008 demand 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: January 22, 2008 letter from G. Lawrence Schubart reference Referendum 2007-01 against DeAnza Specific Plan, Ordinance No. 2007.27 Public Session: Motion: Moved by Council Member Patti Comerford, Seconded by Council Member Carol McGorray to reject the lawsuit. Approved unanimously. (Vice Mayor Kai excused himse?ffrom the executive session and the vote, declaring a conflict of interest.) Frank Cassidy, as a clarification for the record, they did not have Executive Session on items; M-2 & M-3 no new developments and M-4 had been passed by the Council during Council Action, Resolution No. 2008-13. N. FUTURE AGENDA ITEMS 0. ADJOURNMENT Motion: Adjourn, Moved by Council Member Russell Clanagan, Seconded by Council Member Carol MrGorray. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 22, 2008. 1 further certify that a quorum was present. (?elyn C. B?nnsonn, Town Clerk ' OF lofty? ' Not! 50 SEAL Al W- ;ik 61i i C3 ?"V 6