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Home My WebLink About01/08/2008 Special Council Meeting MinutesMINUTES 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 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 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 INVOCATION/MOMENT OF SILENCE Led by Mayor Ed Honea. C. APPROVAL OF AGENDA Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Dice Mayor Herb %ai. Passed unanimously. D. CALL TO THE PUBLIC Anthony Bruno & David Morales addressed the Council on various topics. E. PRESENTATIONS ANNOUNCEMENTS/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 L CONSENT AGENDA Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Russell Clanagan. 1. Resolution No. 2008-01: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for the construction of the Camino de Mariana-Linda Vista Boulevard to Tangerine Road, Roadway and Drainage Improvement Project 2. Resolution No. 2008-02: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for construction of Silverbell Road, Cortaro Road to Ina Road (Silverbell/Ina Road intersection) Improvement Project 3. Resolution No. 2008-03: Relating to Community Development; granting $2,500 in Discretionary Funding to the Community Food Bank, Inc. an Arizona 501(c) (3) non-profit organization to support Marana Food Bank programs for Marana senior citizens, youth, and families 4. Resolution No. 2008-04: Relating to Community Development; approving and authorizing the extension of an intergovernmental agreement with Pima County for the management and implementation of the 2004-2005 Community Development Block Grant Program until December 31, 2008 5. Resolution No. 2008-05: Relating to Development; approving a release of assurance for The Pines Phase I and acceptance of public improvements for maintenance 6. Resolution No. 2008-06: Relating to the Police Department; authorizing execution of a grant agreement with the Arizona Criminal Justice Commission for funding of Marana's participation 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 land use designations; Regional Retail Center and Auto Park. Frank Cassidy added that conditions two and three are recommended improvements to the current Ordinance. These proposed improvements will allow the Town to modify off-site infrastructure requirements. Mitch Stallard of Westcor stated that the proposed Ordinance to re-zone will allow the Motorplex to become a valuable asset to the Town. Mr. Stallard voiced his concerns regarding the recommended conditions of approval; regarding the issue of Public Art (Item 4), Mr. Stallard requested that this item be changed to be done in conjunction "with the Town and developer." Mr. Stallard invited the Marana Arts Council to discuss this topic. Mr. Stallard requested that Item 8 be allowed to be negotiated at the time of the Development Agreement. Upon input from Frank Cassidy, Vice Mayor Herb Kai, Mike Reuwsaat and Council Member Ziegler, Mr. Stallard withdrew his request to modify Item 13. He had asked Council to have the same sentence added as Item 8 above, to be allowed to be negotiated at the time of the Development Agreement. Vice Mayor Kai stated that any reimbursement agreement should have criteria to have a public benefit towards the Town. . Motion: Approve, with Conditions Moved by Council Member Russell Clanagan, Seconded by Council Member Carol McGorray. 2. Ordinance No. 2008.02: Relating to Real Estate; approving an exchange of real property located at the intersection of Orange Grove and Thornydale Roads; authorizing the Mayor to execute a Real Estate Exchange Agreement and any deeds and other documents necessary to accomplish the exchange; and declaring an emergency Frank Cassidy presented this item to Council. Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford 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 McGorray, Seconded by Vice Mayor Herb %ai; 4. Resolution No. 2008-09: Relating to Development; authorizing staff to enter into a contract with CMG Drainage Engineering for the purpose of performing a detailed floodplain study of areas of the Town affected by the proposed FEMA remapping; and declaring an emergency Keith Brann presented this item to Council. The Phase I drainage study contract is not to exceed $500,000 with a schedule of five months to be reported to FEMA Copies of the presentation are available for viewing at the Town Clerk's Office. Mike Reuwsaat commented that the Town will look into recouping some of the study's cost from the private sector, and other concerned parties. Mr. Reuwsaat mentioned that the State Land Department has agreed to a $25,000 contribution. Vice Mayor Kai stated the Cortaro Marana Irrigation District (CMID) will contribute $25,000 to this project and future contributions from others should follow. Michael Racy, representing a private coalition of landowners, informed Council that the private coalition has already raised $200,000 for this study and they will continue raising money. Mr. Racy praised CMID, the State Land Department and the private sector for all of their contributions. Motion: Approve, Moved by Dice Mayor Herb %ai, Seconded by Council Member Carol McGorray. K. BOARDS. COMMISSIONS AND COMMITTEES 1. Resolution No. 2008-10: Relating to Boards, Commissions and Committees; approving and authorizing the appointments of John Officer and Mike Lee as alternate citizen members of the Personnel Action Review Board 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 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. L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Discussion and direction regarding proposed amendments to Title 12 (Traffic) of the Marana town code, regulating construction in town rights-of--way, establishing a permit process, providing penalties for violation and repealing the current uncodified ordinance regulating construction in town rights-of--way Keith Brann presented on behalf of Jane Fairall. This proposal would amend the right- of-way Ordinance and the Roadway Moratorium Policies Ordinance. Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Vice Mayor Herb Rai M. EXECUTIVE SESSIONS Motion: Adjourn to Executive Session, Moved by Vice Mayor Herb %ai, Seconded by Council Member Carol McGorray. 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, Pima County Superior Court No. 020076038, 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. 020077448, 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 parce1226-08-0140 not to exceed the amount of $257,948. Motion: Approve for staff to proceed as directed in executive session. Moved by Council Member Russell Clanagan, Seconded by Council Member Carol McGorray. N. FUTURE AGENDA ITEMS Council Member Clanagan spoke about the need for a dog park within the Town. Council Member Ziegler stated that a dog park is in fact designed for the Silverbell- Cortaro District Park. (Note: A dog park is also planned for the San Lucas Park.) O. ADJOURNMENT Motion: Adjourn, Moved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 8, 2008. I further certify that a quorum was resent. iyn C. ronson, Town Clerk ~,®,r~~~i~~r,~®',s moo: coaPOr~rF y d ooc s a ~ ,~~si'ie~-~ ~``o 6