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Home My WebLink About02/05/2008 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: FEBRUARY 5,2008 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 Excused Patti Comerford Council Member Present Carol McGorray Council Member Present Jon Post Council Member Present Roxanne Ziegler Council Member Present 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 INVOCATIONIMOMENT OF SILENCE Mayor Honea gave the invocation. C. APPROVAL OF AGENDA Motion Action: Approve, Moved by Council Member Carol McGorray Seconded by Council Member Patti Comerford. D. CALL TO THE PUBLIC Ed Stolmaker spoke regarding the Marana Chamber staff report. David Morales spoke regarding his concern of inconsistency of the Council Agenda noticing with Arizona Revised Statutes. Linda Lujan spoke regarding a vehicle purchase incident and her concern with how Marana Police Department handled the situation. E. PRESENTATIONS 1. Presentation: Development Services Process Improvement Initiative (DSPII) Josh Wright gave a presentation on the Development Services Process Improvement Initiative. Copies of the presentation are available for viewing in the Town Clerk's Office. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: FEBRUARY 5, 2008 2. Presentation: CIP Project Status Update (Ryan Benavides) Barbara Johnson gave an update on the CIP Project Status. Copies of the presentation are available for viewing in the Town Clerk's Office. ANNOUNCEMENTS/UPDATES - Accenture Match Play/Parade of Homes PROCLAMATIONS - F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea welcomed Jon Post to the Council. He invited the citizens to visit the Parade of Homes and Accenture Match Play. Mayor Honea stated that Mike Reuwsaat received the award of "Appointed Official of the Year" at the SABHA annual appointment of officer's dinner. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson spoke regarding the SABHA Parade of Homes and the Accenture Match Play. The Parade of Homes will run through February 17'h and includes 7 multimillion dollar homes. He encouraged Council and the community to attend the Spirit of Marana Day on February 16th. The Accenture Match Play will run from February 18 - 24 th at the Gallery Golf Club. This event features the 64 top players in the world and will be televised in over 140 countries. Mr. Davidson then stated that several Town employees gathered with the Pima Association of Governments to do a street clean-up in the City of Tucson. H. STAFF REPORTS GENERAL ORDER OF BUSINESS 1. CONSENT AGENDA Motion Approve, Moved by Vice Mayor Herb Kai, Seconded by Council Member Carol McGorray. 1. Resolution No. 2008-14: Relating to Intergovernmental Relations; authoring and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue the Town of Marana 2008 Legislative Agenda Priority Issues 2. Resolution No. 2008-15: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new license for a No. 12 (Restaurant) liquor license submitted by Marcus Stanley Cooper on behalf of Fire Sands Grill, located at 4165 W. Ina Road #101 3. Resolution No. 2008-16: Relating to Community Development; authorizing and approving the reallocation of existing affordable housing funding from the Employer Assisted Housing Program to support the master planning process for the Honea Heights Neighborhood Redevelopment Project 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: FEBRUARY 5,2008 4. Resolution No. 2008-17: Relating to Professional Services; approving and authorizing the Mayor to execute a Lobbying Services Agreement with Michael C. Jimenez 5. Approval of Barrio Hollywood Neighborhood Association 'Fiesta Grande'- mobile stage request 6. Minutes of the December 11, 2007 special session, December 18, 2007 regular meeting and the January 4, 5, and 6, 2008 Strategic Planning Session J. COUNCIL ACTION 1. 'Resolution No. 2008-18: Relating to Mayor and Council; adopting the Town Council Code of Teamwork and Cooperation Mayor Honea spoke regarding the January 4-6 1h , 2008 Strategic Planning session. He stated that Council and staff discussed many things they would like to work on and operate by - the Council Code of Teamwork and Cooperation. Motion: Action: Approve, Moved by Council Member Carol McGorray, Seconded by Vice Mayor Herb KaL 2. Resolution No. 2008-19: Relating to Floodplain Management; approving and authorizing the Mayor to execute an intergovernmental agreement with the Arizona State Land Department to participate in funding the Town of Marana's technical drainage studies for submission to the Federal Emergency Management Agency; and declaring an emergency Frank Cassidy presented the intergovernmental agreement and stated that the Arizona State Land Department is contributing $25,000 to the floodplain analysis. Motion: Action: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Carol McGorray. 3. Resolution No. 2008-20: Relating to Water; authorizing the staff of the Town of Marana tG reimburse groundwater withdrawal fees paid by the Cortaro-Marana Irrigation District as a result of the Town of Marana's efforts to secure Arizona Department of Water Resources recognition of all or part of Cortaro-Marana Irrigation District's subsurface Santa Cruz River flow as surface water Council Member Jon Post and rice Mayor Herb Kai declared conflicts of interest. Frank Cassidy stated that a groundwater pumping fee has- to be paid by anyone with groundwater rights and can be as much as $5.00. Staff anticipates that the Town will approach the State Department of Water Resources concerning the surface water right that CMID has; 29, 100 acre feet. He stated that the Town could use that water because surface water does not have to be replenished. Mr. Cassidy stated that it would be appropriate since the Town is the one pushing the itern, that if it does result that CMID has to pay the pumping fee, that Town staff would be authorized to pay it. Motion: Action: Approve, Moved by Council Member Carol McGorray, Seconded by Council Member Patti Comerford 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: FEBRUARY 5,2008 4. Resolution No. 2008-21: Relating to Development; authorizing staff to enter into a contract conditioned upon the acquisition of the wastewater conveyance system with Algonquin Environmental Services for the purpose of performing contract operations services for non-flow through wastewater collection facilities within Town limits; and declaring an emergency Barbara Johnson spoke regarding a contract for operations services for non-flow through wastewater collection facilities within Town limits. She stated that Algonquin Environmental Services was selected out of the two bids received based on best value. She clarified the bid amounts with Council and assured them that Algonquin was qualified to do the work. Vice Mayor Kai suggested that a performance bond be executed with Algonquin prior to beginning the work. Brad DeSpain stated that staff has taken the time to visit other areas using Algonquin and were assured that Algonquin will respond timely and will have the proper equipment on site to handle an emergency situation. Motion: Action: Approve, Moved by Council Member Roxanne Ziegler, Seconded by rice Mayor Herb KaL 5. Resolution No. 2008-22: Relating to Utilities; approving and authorizing the Mayor to execute an intergovernmental agreement amendment and an assignment agreement with Pima County to take over and complete the Honea Heights sewer project; and declaring an emergency Frank Cassidy stated that this intergovernmental agreement amendment allows the Town to begin taking over the sewer project in Honea Heights. Motion: Action: Approve, Moved by Vice Mayor Herb Kai, Seconded b Council y Member Jon Post. K BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSIONS Motion to move to Executive Session at 8.1 7pm: Moved by Council Member Carol McGorray, Seconded by Council Member Patti Comerford Council returned to dais at 9:02 pm 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 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: FEBRUARY 5,2008 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, (d) the Honea Heights Sewer project, and (e) certain confidential water resources that are the subject of the Water Services Consulting Agreement entered into by Resolution No. 2007-51. 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 200144, from the parcels of property generally identified as Pima County Assessor's parcel numbers, 226-15-0090, 226-15-00813, 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. Motion: Authorizing staff to proceed in a matter consistent as discussed in Executive Session, Action: Approve, Moved by rice Mayor Herb Kai, Seconded by Council Member Carol McGorray. 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 24-2 B) 0. ADJOURNMENT Motion: Adjourn, Moved by Council Member Carol McGorray, Seconded by Council Member Patti Comerford. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on February 5, 2008. 1 further certify that a quorum was present. 4e; I ?yn C -pronson, Town 'Clerk , 1? AN g#CQ1RP0R4T,c %j SEAL VZ Ve.&P i?w o_;; 5