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Home My WebLink About06/17/2008 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 17, 2008 PLACE AND DATE Marana Municipal Complex, Council Chambers; June 17, 2008 A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:10 p.m. COUNCIL Ed Honea Mayor Herb Kai Vice Mayor Russell Clanagan Council Member Patti Comerford Council Member Carol McGorray Council Member Jon Post Council Member Roxanne Ziegler Council Member STAFF Mike Reuwsaat Town Manager Gilbert Davidson Deputy Town Manager Deb Thalasitis Assistant Town Manager Frank Cassidy Town Attorney Jocelyn Bronson Town Clerk Present Present Present /Arrived at 7:45 Present Present Present Present Present Present Present Present 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, Moved by Vice Mayor Kai, Seconded by Council Member Posz Delete Item I. 1. Motion carried, 6-0 (Council Member Russell Clanagan excused). D. CALL TO THE PUBLIC Dave Wostenberg 7997 N. Gillespie Lane, Marana; addressed Council regarding the Council's request for Mike Reuwsaat to step down. E. PRESENTATIONS 1) Presentation: Status of the Silverbell Road Project Barbara Johnson presented this item to Council. The sewer pipeline started today. The entire project is about 5% complete. The roadway is still on schedule for a November 1St opening. In early June Desert Archaeology found a large Ancient American Indian adobe compound that measured approximately 75 feet x 75 feet. The site was rich with artifacts that included: trade items, large amounts of shell, turquoise, obsidian, pots, and a rare frog effigy made of steatite (soapstone). 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 17, 2008 The site also shows intriguing mortuary customs as to the differences on how adults, children, and dogs were buried. Ms. Johnson gives credit to Susan Benaron and to the entire project team for this project still being on schedule as they were able to retain control of the site from an archaeological stand point. The District Park is now on a separate schedule and is awaiting further exploration. The existing roadway alignment is also awaiting further investigation. The PowerPoint presentation is available for viewing at the Town Clerk's office. Council Member Zeigler asked Ms. Johnson how this find was originally missed from prior archeology digs around this site. Ms. Johnson responded that in prior digs weren't as deep as where this layer is located. In prior digs once a sterile layer of dirt was. found the archeologists thought nothing was beneath. When the sewer and water lines were trenched -just passed the sterile layer - it uncovered this archaeological find. Council Member Zeigler than asked the status of the District Park. Ms. Johnson stated that there is no schedule at this time. The park is currently closed off from any further development. Council Member Post asked if we were retaining any of the findings for future display. Ms. Johnson responded that creating a cultural center is a possibility. 2) Presentation: Discussion/Direction regarding a proposal to adopt a new outdoor lighting code; deleting Marana Land Development, Title 18, and placing the new code provisions with the building codes John Huntley introduced Dan Brocious, Public Affairs Specialist for the Smithsonian Institute, Whipple Observatory and Elizabeth Alvarez, Assistant to the Director, Kitt Peak National Observatory. Mr. Brocious presented to Council on behalf of Ms. Alvarez and Paul Smith, University of Arizona, Steward Observatory. Arizona is a prime astronomy state, using its natural resources: high mountains, dry weather, and the dark skies. Keeping light pollution to a minimum is a key element to astronomical viewing and for its future growth in Arizona. The purpose of a lighting code is to promote good lighting, good business, the community, and to save energy which saves money. The PowerPoint presentation is available for viewing at the Town Clerk's office. Vice Mayor Kai asked if there is a special event lighting exception. Mr. Huntley responded that there would need to be a special event lighting application to be submitted. Council Member Post stated that he is not fond of a lighting code that is more stringent. Mr. Huntley responded by saying the code doesn't discourage the appropriate lighting of properties. The safety and appropriateness of lighting was considered throughout the lighting code. The code is meant to support good illumination and not restrict illumination. Motion: I move to direct staff to bring to Council for adoption the proposed outdoor lighting code with .other amendments to the existing Town code as needed. Moved by Council Member McGorray, Seconded by Council Member Clanagan. Motion carried, 7-0. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 17, 2008 ANNOUNCEMENTS/UPDATES - T. VanHook informed Council that the Town has received a $700,000 grant to be used toward building 40 affordable homes to be built in conjunction with the Honea Heights Development Project. The funds can be used for development, infrastructure, or anything that will lessen the costs of potential home owners. Ms. VanHook thanked Technology Services - G.LS. Division, Public Works Department, and the National Bank of Arizona. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray attended the grand opening/ribbon cutting of the Wheeler Taft Abbett Library. Mayor Honea gave the results of the All-America Cities competition held in Tampa, Florida. The Town of Marana did not place in the top 10. Mayor Honea informed Council that the Town's bond rating has been upgraded from a Double A- to Double A. This will save the Town money from lower interest rates. G. MANAGER'S .REPORT: SUMMARY OF CURRENT EVENTS Mike Reuwsaat reminded everyone that on June 25a' there will be a dedication/ribbon cutting for Tangerine Farms Road. Mr. Reuwsaat thanked the Mayor, Council, and staff for the fiscal strength that lead to the upgraded bond rating. H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA Motion: Approve as amended, Moved by Vice Mayor Kai, Seconded by Council Member Clanagan. Excluding item I. 1. Motion carried, 7-0. 2. Resolution No. 2008-81: Relating to Animal Control; approving and authorizing the Mayor to execute Amendment No. 1 to the intergovernmental agreement with Pima County for the provision of animal control services within the Town of Marana (Frank Cassidy) J. COUNCIL ACTION 1. PUBLIC HEARING. Resolution No. 2008-82: Relating to Budget; adoption of the fisca12008-2009 Final Budget MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 17, 2008 Erik Montague presented this item to Council. The final budget for fiscal year 2008- 2009 will be $211,500,515. There are 367 budgeted positions within the town. Council Member Clanagan expressed his concerns with the housing projections within the budget. Motion: Approve, Moved by Council Member Comerford, Seconded by Council Member McGorray. Motion carried, 7-0. Council Member Comerford thanked Mr. Montague and his staff for their work on the budget while dealing with the current economic times. 2. PUBLIC HEARING. Ordinance No. 2008.13: Relating to Development; approving and authorizing a rezoning for Qwest Communications Kevin Kish presented this item to Council. Qwest Communications and Lonny and Joan Catt request a rezoning of approximately 5.79 acres. The purpose of the rezoning is for Qwest to build a Service Operations Center. Shauneen Washburn, 8430 N Canal Ct., Marana -H.O.A. Board Member Cortaro Ranch -thanked Qwest for their willingness to work with the H.O.A. with their concerns. Lonny Catt, stated that Qwest has worked with him on all of his concerns he has had in the past. Mr. Catt approves the rezoning and recommended to Council that they approve it as well. Mr. Kish read the four items to be incorporated into the Ordinance from Jim Thomas's letter. Mr. Thomas is President of the Cortaro Ranch H.O.A. - A masonry wall will be constructed fronting the site along Hartman. The wall will extend from the north corner of the new Qwest property to the south corner of the existing Qwest property. - The existing Qwest buildings will be painted to match the proposed SOC building. - Qwest will implement a mandatory program that prohibits employees from using streets within Cortaro Ranch as a means of access. - Qwest will use staggered work hours, wider drive aisles and appropriate driveway alignment to ease morning and evening traffic flow. Motion: Approve, with conditions and incorporate the stipulations from Jim Thomas, President, Cortaro Ranch H.O.A. Moved by Council Member Ziegler, Seconded by Council Member Clanagan. Motion carried, 7-0. 3. a. PUBLIC HEARING. Ordinance No. 2008.14: Relating to Development; approving and authorizing an amendment to the Rancho Marana West Specific Plan Council Member McGorray declared a conflict and excused herself from the dais 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 17, 2008 Kevin Kish presented this item to Council. The proposed specific plan amendments would change the current land use designation from 45 acres of High Density Residential and 32 acres of Commercial to 77 acres of Town Center. Motion: Approve, Moved by Council Member Ziegler, Seconded by Vice Mayor Kai. Motion carried, 6-0. b. Resolution No. 2008-83: Relating to Development; approving and authorizing the Mayor to execute a development agreement with the Marana Health Center, Inc. Council Member McGorray declared a conflict and excused herself from the dais Frank Cassidy presented this item to Council. Mr. Cassidy informed Council that item C. of the Recitals portion of the development agreement should be revised to read 26.33 acres instead of 25.76 acres. The Town will pay the first $200,000 of building and inspection fees for this project using existing discretionary funding. Motion: Approve, change recitals C. from 25.76 acres to 26.33 acres Moved by Council Member Ziegler, Seconded by Council Member Clanagan. Motion carried,6-0. Mike Reuwsaat thanked the members of the public in attendance and the Marana Health Center for their participation to make a vision a reality. 4. Resolution No. 2008-84: Relating to Development; approving and authorizing a preliminary plat for Camino de Vaquero, Lots 1-24 and Common Area `A' (private street) Kevin Kish presented this item to Council. The proposed subdivision is located on the northwest side of Camino de Marana, approximately'/ mile north of Lambert Lane, east of Decker Drive. The average lot size proposed is 42,017 square feet. Motion: Approve, Moved by Dice Mayor Kai, Seconded by Council Member McGorray. Motion carried, 7-0. 5. Resolution No. 2008-85: Relating to Development; approving and authorizing a preliminary plat for Gladden Farms II Blocks 35 & 39 Kevin Kish presented this item to Council. The proposed subdivision is approximately 70.11 acres within the Gladden Farms II development. Motion: Approve, Moved by Council Member McGorray, Seconded by Council Member Clanagan. Motion carried, 7-0. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 17, 2008 6. Town Magistrate Selection NOTE: This item will follow the executive session for item M. 6. Motion: Accept six interview candidates -Hays, Davies, Bowman, Dawes, Wilber, and Cope, Moved by Council Member Post, Seconded by Council Member Clanagan. Motion carried, 7-0. 7. Discussion/Direction/Action based on executive session relating to the employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of public officer, appointee or employee of Marana and possible agreement relating to same. NOTE: This item will follow the executive session for item M. 5. Motion: Approve, Execute the Separation Agreement as discussed in Executive Session, Moved by Council Member Comerford, Seconded by Council Member Posh Motion carried, 6-1. Yes: Mayor Ed Honea, Vice Mayor Herb Kai, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Russell Clanagan. No: Council Member Roxanne Ziegler. 8. Discussion/Direction/Action based on executive session relating to contemplated litigation or settlement discussions concerning a personnel matter and possible agreement relating to same. NOTE: This item will follow the executive session for item M.7. Motion: Approve, Proceed in the manner discussed in Execute Session, Moved by Vice Mayor Kai, Seconded by Council Member McGorray. Motion carried, 7-0. K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Resolution No. 2008-86: Relating to Mayor and Council; establishing the compensation of the elective officers of the town; and designating effective dates David Morales, Chair of the Citizens Task Force to review Mayor and Council compensation, addressed Council. The Task Force recommends the Mayor to receive $1,875 a month and a Town vehicle, the Vice Mayor to receive $1,767 a month, and Council Members to receive $1,742 a month in compensation. Mr. Morales thanked the follow members of the Task Force: Thom Cope, Larry Steckler, Jack Noble, Clay Parsons, and Dan Sullivan. Council Member Ziegler thanked the Task Force for their time. Franke Cassidy explained to the Council this would be a two step implementation process. All Council members would see a salary increase beginning on July 1, 2009. The Mayor would not see a raise in salary until the new term begins in 2011 and would go into effect on July 1, 2011. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 17, 2008 Motion: Approve, Moved by Council Member Ziegler, Seconded by Council Member Clanagan. Motion carried, 6 -1. Yes: Mayor Ed Honea, Vice Mayor Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member Clanagan. No: Council Member Patti Comerford. 2. State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Stephen Romero updated Council on the State budget. No budget has been passed as of yet. Mr. Romero introduced Keith Brann. Mr. Brann updated Council on the FEMA study. The presentation is available for viewing at the Clerk's Office. M. EXECUTIVE SESSIONS Motion: Adjourn to Executive Session, Moved by Vice Mayor Kai, Seconded by Council Member Clanagan. Motion carried, 7-0. Council left the dais at 9:12 P.M. Council returned to the dais at 10:49 P.M. 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 the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131. 3. Executive Session pursuant to A.R.S. § 38-431.03(A)(4), discussion and consultation with the Town's attorneys concerning the lawsuit entitled Fidelity National Title v. Town of Marana, Pima County Superior Court No. 020082776. 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 226-15-018D, 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 condemnation proceedings relating to the same property rights. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 17, 2008 5. 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. Relates to item J. 7. 6. Executive session pursuant to A.R.S. §38-431.03 (A)(1) for discussion or consideration of employment, assignment, appointment and salary for the position of Town Magistrate. Relates to item J. 6. 7. 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. Relates to item J. 8. N. FUTURE AGENDA ITEMS O. ADJOURNMENT Motion: Adjourn, Moved by Council Member Jon Post, Seconded by Council Member Carol McGorray. Motion carried, 7-0. The meeting was adjourned at 10:53 P.M. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 17, 2008. I further certify that a quorum was9 t. ~~~i,~®°~~met~`~si ~~~' pRPORAT o ~.'; . 6 ooc~ f celyn ronson, Town Clerk ~ , ~T+,Aj', ~`~~~~~~ 11~~ 8