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Home My WebLink About05/20/2008 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: MAY 20, 2008 PLACE AND DATE Marana Municipal Complex, Council Chambers, May 20, 2008 A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:15 p.m. COUNCIL Ed Honea Mayor Present Herb Kai Vice Mayor Present Russell Clanagan Council Member Present Patti Comerford Council Member Excused /Absent Carol McGorray Council Member Present Jon Post Council Member Present Roxanne Ziegler Council Member Excused /Absent STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Deb Thalasitis Assistant Town Manager Present Frank Cassidy Town Attorney Present Todd Hamm For the Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Mayor Honea led the pledge of allegiance and the moment of silence. C. APPROVAL OF AGENDA Motion: Approve as amended, Executive Session Item M. 4 taken off agenda, Action Moved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. Motion carried, S-0. D. CALL TO THE PUBLIC David Morales, and State Representative -Legislative District 26 candidate Don Jorgensen addressed Council. E. PRESENTATIONS - American Youth Soccer Association Tom Ellis introduced Bill Ward and Wade Crowley of the American Youth Soccer Association (AYSO). The AYSO uses the philosophy of every kid gets to play, balanced teams, positive coaching, and teaching good sportsmanship. Mr. Ward and Mr. Crowley presented a donation of $35,000 to the Town. This donation will be used to assist in the lighting of the soccer fields at Silverbell-Cortaro District Park. 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: MAY 20, 2008 ANNOUNCEMENTS/UPDATES - PROCLAMATIONS - F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS: No reports. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS: No reports. H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA Motion: Approve, Moved by Council Member Jon Post, Seconded by Vice Mayor Herb Kai. Motion carried, S-0. 1. Resolution No. 2008-64: Relating to Development; acceptance of the San Lucas Community Park public improvements for maintenance (Tom Ellis) 2. Resolution No. 2008-65: Relating to the Police Department; approving and authorizing application for funding from the Governor's Office of Highway Safety under the Highway Safety Plan for the Marana Speed Awareness in Neighborhoods and School Zones Program (Richard Vidaurri) 3. Minutes of the Apri129, 2008 special meeting, May 6, 2008 regular meeting and May 6, 2008 study session. J. COUNCIL ACTION 1. Resolution No. 2008-66: Relating to Development; approving and authorizing a preliminary plat for Cascada Vice Mayor Kai declared a conflict of interest and was excused from the dais. Kevin Kish presented this item to Council. The 1,361 acre preliminary plat will have 212 acres of Natural Undisturbed Open Space and 73 acres of planned Open Space Recreation, 67 acres of which will be dedicated to the Town for parks. Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Jon Posz Motion carried, 4-0. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: MAY 20, 2008 2. Resolution No. 2008-67: Relating to Development; approving and authorizing a preliminary plat for Tangerine Crossing Block 3, Lots 1-36 and Common Areas "A," "B," and "C-1 thru "C-7" Kevin Kish presented this item to Council. The Tangerine Crossing Block 3 preliminary plat will allow for 36 single-family lots. This is the final phase of the Tangerine Crossings final plat. Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Vice Mayor Herb Kai. Motion carried, S-0. 3. Ordinance No. 2008.11: Relating to Traffic and Highways; amending Title 12 of the Marana Town Code to prohibit the solicitation of employment, business or contributions from occupants of vehicles traveling on town streets or highways; providing penalties for violation; adding Chapter 12-8; renumbering existing Chapter 12-8; and designating an effective date T. VanHook presented this item to Council. Ms. VanHook informed Council that she spoke with nine of the sixteen newspaper hawkers that are selling newspapers on the median within Town limits. All are aware of the pending Ordinance and of the help that is available to them. Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Carol McGorray. Motion carried, S-0. 4. Resolution No. 2008-68: Relating to Budget; adoption of the Fiscal Year 2008-09 Tentative Budget Erik Montague gave an in-depth overview of the tentative budget. The tentative budget for fiscal year 2008-09 is $211,500,515. The final budget is set to be adopted on June 17. The presentation is available for viewing at the Town Clerk's Office. Council Member Clanagan asked about the projected permits for new housing. Mr. Montague responded by saying the revenue projection uses 425 single-family building permits. The tentative budget incorporates the same number of permits. Council Member Clanagan asked if that number is attainable given the current condition of the housing market. Mr. Montague stated that a lot of factors were taken into account including the effect a positive result the FEMA floodplain would have. Motion: Approve, Moved by Council Member Jon Post, Seconded by Council Member Carol McGorray. Motion carried, 5-0. Council Member Clanagan stated that he is opposed to any new positions being brought before Council after the 2008-09 budget is approved. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: MAY 20, 2008 5. Resolution No. 2008-69: Resolution of the Town Council of the Town of Marana, Arizona, approving the form and authorizing the execution and delivery of a Combined Cortaro Silverbell District Park Ground Lease And Fourth Supplement to Amended and Restated Town Lease and Series 1992 Town Lease, a Letter of Representation to Bond Purchase Contract and a Series 2008 Continuing Disclosure Agreement; approving the execution and delivery by Town of Marana Municipal Property Corporation of such Fourth Supplement to Amended and Restated Town Lease and Series 1992 Town Lease, a Series 2008 Supplemental Trust Indenture, an Escrow Trust Agreement, a Financial Guaranty or Related Agreement Necessary For Credit Enhancement and a Bond Purchase Contract; approving an official statement; approving the issuance of not to exceed $40,000,000 aggregate principal amount of Town of Marana Municipal Property Corporation Municipal Facilities Revenue Bonds, Series 2008; delegating to the Manager of the Town of Marana, Arizona, and, in his absence, the Finance Director of the Town Of Marana, Arizona, the authority to determine various terms with respect to the bonds and certain matters with respect to certain bonds to be refunded with the proceeds of the sale thereof; providing for the transfer of certain moneys for the payment thereof and making certain covenants and agreements with respect thereto; declaring, for pur- poses of Section 1.150-2 of the Federal Treasury Regulations, official intent to be reimbursed in connection with capital expenditures provided for hereby; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution Erik Montague gave a detailed presentation to Council. The presentation is available for viewing at the Town Clerk's Office. Financing goals of this Resolution are to provide funding to complete priority projects; maintain the Town's existing credit ratings (A- Standard and Poor's and A+ FITCH); and to provide for the ability to call portions of debt as funding. There are four priority projects; Silverbell Road, Camino de Marana, Silverbell District Park, and Airport Sewer Improvements. Authorization is being requested to issue up to $40,000,000 in debt Series 2008A and Series 2008B bonds. Motion: Approve as Amended, Declaring an emergency clause taken out of Resolution, Moved by Council Member Russell Clanagan, Seconded by Vice Mayor Herb Kai. Motion carried, S-0. K. BOARDS, COMMITTEES AND COMMISSIONS L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature State Legislative update dispensed until the next meeting. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: MAY 20, 2008 2. Discussion/Possible Action: Invocation/Prayer/Moment of Silence at Council Meetings Gilbert Davidson presented this item to Council. David Morales addressed Council. Mr. Morales expressed the need for invocation before Council meetings. Motion: Adopt a pilot program effective with the July 1st Council meeting through the end of December. Staff and Council will reevaluate in November whether or not they want to continue the invocation for 2009 and beyond This will apply to all regularly scheduled Council meetings. Action: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Jon Posh Motion carried, S-0. M. EXECUTIVE SESSIONS None 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)(1), (3) and (4) for discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of public officer, appointee or employee of Marana, and legal advice and direction to its representatives concerning negotiations and possible agreement relating to same. 3. 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 the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131. ..~1. +1. ,, T.......t.. ..~+..........~ .. .. tl... 1.....~.,.+ ...,t.+1...~ T.3.~..1.~. N.~t~.~....1 T.+1., . T....... ..~ l~i(..~..,s. .. D.'...., !''.,....h. C..... ,....... !"'.~....+ AT.. !'"fL1f14?77b_ , 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 226-15-018D, 226-15-0088, 226-15-0178, 226-15-0188 and 226-15-019A, and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: MAY 20, 2008 6. Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) for discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct its attorneys regarding the public body's position in contemplated litigation or in settlement discussions conducted in order to avoid litigation concerning a personnel matter. N. FUTURE AGENDA ITEMS O. ADJOURNMENT Motion: Adjourn, Moved by Council Member Jon Post, Seconded by Vice Mayor Herb Kai. Motion carried, S-0. The meeting was adjourned at 8:29 P.M. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 20, 2008. I further certify that a quoru J lyn C. B nson, Town Clerk 6