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SPECIAL COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
September 9, 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 COUNCIL 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 COURTESY TO OTHERS PLEASE TURN OFF OR PUT IN SII.EM MODE ALL PAGERS
AND CELL PHONES.
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 September 8, 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
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SPECIAL COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
September 9, 2008, at or after 6:00 p.m.
SPECIAL MEETING
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: Relating to Development; request for direction on possible
QuickTrip 1456 annexation located on the south side of Cortaro Farms Road
..and east of Cerius Stravenue (Kevin Kish)
2) Presentation: Relating to Conservation Planning; status of the Town of
Marana's Habitat Conservation Plan (Keith Brann)
GENERAL ORDER OF BUSINESS
F. COUNCIL ACTION
1. Resolution No. 2008-116: Relating to Water; approving and authorizing the
Mayor to execute a Second Tolling Agreement between the Town of Marana,
Cortaro-Marana Irrigation District and Cortaro Water Users Association;
and declaring an emergency (Frank Cassidy)
2. Transition Plan Update Presentation and Appointment of Council
Subcommittee for Strategic Planning Process (Deb Thalasitis)
G. BOARDS, COMMITTEES AND COMMISSIONS
H. ITEMS FOR DISCUSSION/POSSIBLE ACTION
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SPECIAL COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
September 9, 2008, at or after 6:00 p.m.
Legislative Issues: Discussion/Direction/Action regarding all pending
legislation (Stephen Romero)
I. 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. CV2008-001131. 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 (1) the lawsuit entitled Town of Marana v. Pima
County/Pima County v. Marana (consolidated), Maricopa County Superior
Court No. CV2008-001131, (2) pending legal issues, settlement discussions
and contract negotiations relating to the transition of Marana wastewater
collection and treatment to the Town of Marana.
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, -017B, -
018B & -019A; 221-04-OOSB, 226-36-OOSB & -OOSC; and 226-08-0190; and to
instruct the Town's attorneys in settlement negotiations and contemplated
condemnation proceedings relating to the same property rights.
J. 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)
K. ADJOURNMENT
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TOWN COUNCIL
MEETING TOWN OF MARANA 9 M,~KaNa, ;
INFORMATION
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MEETING DATE: September 9, 2008. AGENDA ITEM: E.1
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning Director
SUBJECT: Presentation: Relating to Development; request for direction on
possible QuikTrip 1456 annexation located on the south side of
Cortaro Farms Road and east of Cerius Stravenue.
DISCUSSION
This presentation is intended to give the Mayor and Council information regarding a proposed
annexation of lots 1 and 2 in the Oshrin Park subdivision located on the south side of Cortaro
Farms Road and east of Cerius Stravenue. The applicant is proposing to annex these properties
into the Town of Marana to ultimately develop a QuikTrip convenience store and fueling station.
The proposed area of annexation is currently within the -Town of Marana's General Plan
Planning Area. The adopted Future Development Plan for the Town of Marana designates this
site as Low Density. Residential. Commercial development is allowed that serves the residential
development.
This property is currently zoned Suburban Homestead (SH) in the County. This is a residential
zoning designation with a minimum lot size of one acre. The developer would have to process a
rezoning of the property to a commercial zone after the annexation to allow for the proposed use.
ATTACHMENTS
Applicant's information packet pertaining to the proposed annexation and ultimate use.
RECOMMENDATION
This item is for informational only and direction at the Town Council's pleasure.
SUGGESTED MOTION
No action required.
090908 QuikTrip 1456 Annexation Informational TC
QuikTrip
July 24, 2008
Lisa Shafer
Assistant Planning Director
Marana Planning Department
11555 W. Civic Center Dr., Bldg AZ
Marana, Arizona 85653-7003
Re: Proposed Annexation of Lots 1 & 2 of Oshrin Park (Bk 25 Pg 67)
Dear Ms. Shafer:
QuikTrip Corporation
TUCSON MARKET
310 S. Williams Boulevard
Suite 325
Tucson, Arizona 85711
520-519-7345
FAX 520-514-11$2
We would like to propose an annexation of property into the Town of Marana. The property consists of
Lots 1 & 2 of Oshrin Park, located at the southeast corner of Cortaro Farms Road and Cerius Stravenue.
The two abutting lots combined amount to approximately 2 acres. These parcels are located within Section
26 of Township 12 South, Range 12 East. They are designated as Pima County Assessor Parcels 221-18-
0260 & 221-18-0270.
The property is contiguous to the Town of Marana corporate limits on two sides, those being to the west
along Cerius Stravenue and to the north along Cortaro Farms Road. An annexation would be a logical
extension of the current Town boundaries. In fact several of the 2007 Marana General Plan maps,
including those named `Future Development Map' & `Growth Areas Map', & `Planning Area', indicate
future Town plans include the annexation of this property. The `Growth Areas Map' shows the property
within the so-called Growth Area 1 South. The General Plan `Growth Areas' Element, in the section
entitled `Future Trends', states, "The planning area targets selected growth areas that represent potential
expansions of Town boundaries."
The current owner. of Parce126 is Northwest Partners LLC and the current owners of Parce127 are Jenny
Ann Miller & Charles Mitchell Miller & Carol Jean Miller. They have authorized QuikTrip Corporation to
pursue this annexation by way of the attached letters. We in turn would like to authorize Michael Marks,
AICP of MJM Consulting Inc to represent us through the annexation process.
It is the intent of QuikTrip Corporation to rezone the property to a commercial zoning category to allow a
convenience store and fueling facility. We feel that this would be an appropriate use for this location. We
are encouraged by preliminary conversations on the subject with Town staff. We are also very happy with
the comments we received from the neighbors in the two neighborhood meetings that we have held. On
July 8, 2008 we met with the Board of Directors of the Cortaro Ranch subdivision to the north and they
indicated they would be supportive. On July 22, 2008 we met with residents in the Oshrin Park subdivision
and we received a very positive reaction.
Would you please review this request and then forward it on through the process. If there is anything that
you might need for that review please do let us know. In the meantime, attached is the Application and
Attachment A (for detailed ownership information), authorization letters, Assessor printouts and map, a
location map, an aerial photo of the property, and a legal description and sketch of the subject property
stamped bg a registered land surveyor. Thank you.
Sincerely,
•
im Beilman
Real Estate Manager
QuikTrip Corporation
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INFORMATION
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MEETING DATE: September 9, 2008 AGENDA ITEM: E. 2
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E., CFM, Town Engineer
SUBJECT: Presentation: Relating to Conservation Planning; status of the
Town of Marana's Habitat Conservation Plan
DISCUSSION
Jennifer Christelman will be giving a presentation on the status of the Habitat Conservation Plan.
The presentation will be focusing on the Town of Marana's progress on development of a
Habitat Conservation Plan and the necessary commitments by the Town to receive a permit from
the Unites States Fish and Wildlife Service for Endangered Species Act (ESA) coverage.
This. permit will cover 13 species and will permit activities such as future capital improvement
projects and private development projects in one permit under the ESA rather that a separate
permitting process for each individual project.
Tortolita Fan drainage study 8/26/2008 1:33 PMFJC
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INFORMATION
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MEETING DATE: September 9, 2008 AGENDA ITEM: F. 1
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2008-116: Relating to Water; approving and au-
thorizing the Mayor to execute a Second Tolling Agreement be-
tween the Town of Marana, Cortaro-Marana Irrigation District
and Cortaro Water Users Association; and declaring an emer-
gency.
DISCUSSION
Town of Marana staff negotiations for an IGA replacement of the 1997 IGA between the Town,
the Cortaro-Marana Irrigation District (CMID) and Cortaro Water Users Association (CWUA)
are continuing, and are now expected to extend beyond the originally anticipated September
completion date. This proposed Second Tolling Agreement will extend the tolling period from
September 15, 2008, to November. 15, 2008, to allow the current IGA replacement negotiations
to be completed.
RECOMMENDATION
Town staff recommends the adoption of Resolution No. 2008-116, approving and authorizing
the Mayor to execute the Second Tolling Agreement.
SUGGESTED MOTION
I move to adopt Resolution No. 2008-116.
{00010717.DOC / 2} FJC/cds 9/3/2008 12:21 PM
MARANA RESOLUTION N0.2008-116
RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
A SECOND TOLLING AGREEMENT BETWEEN THE TOWN OF MARANA, CORTARO-
MARANA IRRIGATION DISTRICT AND CORTARO WATER USERS ASSOCIATION,
AND DECLARING AN EMERGENCY.
WHEREAS Town of Marana staff is in negotiations for an IGA to replace the 1997 IGA
between the Town, the Cortaro-Marana Irrigation District (CMID) and Cortaro Water Users
Association (CWUA); and
WHEREAS on July 15, 2008, Marana Resolution No. 2008-96 was adopted, authorizing
the Mayor's execution of a tolling agreement with CMID and CWUA, tolling all defenses and
statutes of limitations from July 14, 2008, through September 15, 2008, to allow negotiations to
continue between the parties; and
WHEREAS the parties have now concluded that their negotiations may not be completed
by September 15, 2008, and desire to extend the tolling period.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Second Tolling Agreement between the Town of
Marana, Cortaro Marana Irrigation District and Cortaro Water Users Association attached to and
incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor
is hereby authorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that since it is necessary for the preservation. of the peace,
health and safety of the Town of Marana that this resolution become immediately effective, an
emergency is hereby declared to exist, and this resolution shall be effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 9th day of September, 2008.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank- Cassidy, Town Attorney
{00010718.DOC / 2} 9/3/2008 12:22 PM FJC
SECOND TOLLING AGREEMENT
This Second Tolling Agreement is between and among Town of Marana, a
political subdivision of the State of Arizona ("Marana"); Cortaro Marana Irrigation District,
Pima County, Arizona, a political subdivision of the State of Arizona ("CMID") and its
agent, the Cortaro Water Users Association, an Arizona corporation, (hereinafter both are
collectively referred to as "Cortaro"). The foregoing parties are collectively referred to as the
"Parties".
RECITALS
1. On or about September 16, 1997, the Parties executed an
intergovernmental agreement ("IGA") the intent and purpose of which was to maximize.
water management efficiencies and avoid unnecessary duplication of municipal water service
within Cortaro's boundaries and within Marana's service area by, among other things,
consolidating ownership interest in municipal water facilities and defining on-going
operational, management, water production and sales, distribution and treatment functions
and responsibilities for the provision of municipal water service among the Parties, and to
create a trust for the control of wells belonging to Cortaro and Marana through the IGA.
2. A dispute has recently arisen among the Parties in which Cortaro
alleges Marana has breached the IGA Agreement and Cortaro alleges claims against Marana.
3. In an attempt to resolve the dispute among themselves by mutual
agreement, Cortaro and Marana are meeting in negotiations without Cortaro immediately
pursuing its claims and allegations of breach and monetary losses against Marana.
4. On July 14, 2008, the Parties executed a Tolling Agreement to
forestall the filing of a claim on Marana's Town Clerk and to foster settlement efforts. As
the negotiations continue in good faith and are intended not to be to the disadvantage of
either Party, the Parties agree to once again toll and to waive to a time definite as hereinafter
stated any statute of limitations or equitable defenses available to Marana which maybe
applicable to the filing of a claim or allegation of breach by Cortaro against Marana.
COVENANTS
For the promises made and other valuable consideration had and
received each from the other, the Parties, each being so authorized and empowered, hereby
agree, stipulate and covenant that as to any IGA-related claims of Cortaro filed prior to or on
November 15, 2008, any and all times and statutes of limitations which may otherwise be
applicable thereto in defense thereof are hereby extended, waived, and tolled, as well as any
equitable defense assertions to said claims filed.
2. In the event that between the dates of July 14, 2008 and November 15,
2008 there arise for Marana any statutes of limitations or any defenses equitable or otherwise
(including but not limited to equitable estoppel, waiver, and laches) that Marana might have
asserted in defense of the IGA related claims of Cortaro filed on or prior to the close of
business on November 15, 2008, Marana agrees a) the time constraints of said statutes of
limitations and b) any defense equitable or otherwise (including but not limited to equitable
estoppel, waiver, and laches) will not be asserted, claimed or alleged by Marana should
Cortaro IGA-related claims be filed on or prior November 15, 2008.
3. Each of the Parties hereto represents and warrants that the persons
executing this Agreement on their respective behalf are authorized by their principals to enter.
into, bind and to execute this Agreement and each intends that its representations and
warranties be relied upon.
DATED this day of September 2008.
TOWN OF MARANA
By: Mayor of Marana
2
CORTARO MARARNA IRRIGATION DISTRICT
By: President
CORTARO WATER USERS ASSOCIATION
By: President
The foregoing agreement has been reviewed pursuant to A.R.S. § 11-952 by
legal counsel for the Parties, who have determined that it is in proper form and is within the
powers and authority granted under the laws of the State of Arizona to those parties to the
Agreement represented by the undersigned.
By: Marana Town Attorney
By: Attorneys for CMID/CWUA
Document 1
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TOWN COUNCIL
MEETING TOWN OF MARANA q MaKnN,a ;
INFORMATION
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MEETING DATE: September 9, 2008 AGENDA ITEM: F. 2
TO: MAYOR AND COUNCIL
FROM: Deb Thalasitis, Assistant Town Manager
SUBJECT: Transition Plan Update Presentation and Appointment of Council
Subcommittee for Strategic Planning Process
DISCUSSION
On July 8, 2008, 18 Marana staff members met to identify opportunities, gaps and the major
projects facing the Town of Marana from an internal, staff perspective as the Town underwent a
change in senior leadership. The purpose of the presentation this evening will be to present an
update on the Transition Plan currently in development including the areas of focus for the.
organization in the short-term (one to three years) and longer term. One of the key items noted
by Transition team participants was the need for atown-wide strategic plan. This compliments
the Town Council's direction to begin the work necessary for development of a plan. To that
end, staff is recommending that the Council appoint a subcommittee of council members. to
begin working with staff to develop a strategic planning process, to include a retreat event later
this fall, with the ultimate goal of describing the strategic vision for the town and creating a
written plan document.
The Transition Plan will provide helpful information into the overall strategic planning process.
During the transition process each department representative was asked to obtain input from their
department on the attached list of questions. "Think Tank" software provided by the Pima
Association of Governments was used to record input during the Think Tank session. While the
responses to the questions provided good direction on .the work ongoing in the organization, staff
will be addressing work items in four key areas that did not get identified during the process.
These are:
• Facilities Master Planning for future town facilities including real estate acquisition and
preliminary facility programming (ultimately link to Capital Improvement Planning and
Budgeting Process)
• Equipment Planning and Acquisition (link to budget process and longer-term
development of equipment, technology and vehicle replacement plans).
• Fiscal Realities (ongoing monitoring based on town revenue numbers and impact of state
budget crisis; link to budget process)
• Needs Assessment/Gap Analysis within each department (link to budget process)
{00008947.DOC/). 09/03/2008 9:23 a.m.
The following is a summary of items identified for focus by the Transition Audit:
Develop a Strategic Plan for the Town
Improve Communication (within the organization)
Customer Service
Economic Development and Jobs
Human Resources issues/practices
Infrastructure development
Park and Recreation assets
Public education and outreach
Safety (safe workplace initiatives)
Ethics
Standard Operating Procedures (Finance, HR, Other)
Employee Training
Reward and Recognize Staff (support of staff)
Transportation
Wastewater/W ater
Technology
Resources for Departments (equipment, facilities, people)
"Green" Issues/Workplace
The presentation on September 9, 2008 will address each of these items and strategies and action
items for moving forward.
ATTACHMENTS
Transition Audit Participant List, Transition Audit Questions.
RECOMMENDATION
Staff recommends that Council select three members for a planning subcommittee to work with
staff on the development of a strategic planning process and retreat for consideration by the full
Council. The Town Manager's office will provide staff support to the subcommittee.
SUGGESTED MOTION
Council's pleasure.
-2-
TRANSITION AUDIT PARTICIPANTS AND QUESTIONS
PARTICIPANTS
Dorothy O'Brien -Utilities
Brian Stein -Technology Services
Diane Mangialardi -Town Manager's Office
Tim Mattix - DSC Records
Monique Manriquez -Human Resources
Erik Montague -Finance
Jocelyn Bronson -Town Clerk
Jane Fairall -Town Attorney
Lisa Schaeffer -Planning
Keith Brann -Public Works
John Huntley - Building Safety
Joe Teta -Municipal Court
Bill Derfus -Police
Patty Spencer -Police Dispatch
Mike Mencinger -Operations and Maintenance
Kristy Diaz-Trahan -Parks and Recreation
T. Van Hook -Community Development
QUESTIONS
1. What projects, programs or work areas do you feel senior management needs to
make a priority over the next year?
2. What do you expect/need from senior management that will help you get your job
done more easily?
3. What do you expect/need from your department director that will help you get
your job done more easily?
4. What processes or procedures do you feel. need to be in place at the Town that are
currently not in place?
5. What are the major projects facing you and your department over the next 12
months?
6. What do you feel are significant barriers to you in getting your job done including
providing exemplary customer service?
7. If you could pick three issues that the Town needs to work on as a priority in the
next 6 months, what would those be?
8. What suggestions do you have for improving communication throughout the
organization (from top management and between departments)?
9. What keeps you personally motivated to work at the Town of Marana?
10. What do you need to remain motivated and energized in your current job.