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HomeMy WebLinkAbout08/05/2008 Regular Council Meeting Minutes~~WN OF v MAl2nNA ~ gklZOrv'" REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 5, 2008, at or after 7:00 p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL Present: Mayor Ed Honea, Council Member Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Posh Absent/Excused: Vice Mayor Herb Kai, Council Member Roxanne Ziegler. B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE - Mayor Honea led the pledge of allegiance and asked for a moment of silence. C. APPROVAL OF AGENDA Motion: Removing items J. 3a, J.3b, J. 4, and J. S to another meeting due to a lack of a supermajority needed for these items Action: Approve as amended, Moved by Council Member Russell Clanagan, Seconded by Council Member Jon Posh Motion passed S-0. 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. Dan Brocious spoke in favor of the adoption of the Outdoor Lighting Code ordinance. David Morales addressed Council regarding the need for transparency in government related to expansion of the subject matter in the written Council minutes. Mayor Honea presented a certificate to staff member Monica Valdenegro for completing the Arizona Department of Housing's 2008 Affordable Housing Institute. E. PRESENTATIONS - 1) Presentation: Update on Pinal County Comprehensive Plan (Gilbert Davidson) Kevin Kish presented this item to Council and introduced Ken Buchanan and Jerry Stabley from Pinal County. Mr. Buchanan and Mr. Stabley gave an overview of the updated comprehensive .plan for Pinal County. They stated that proposed plan is currently in a 60 day review period. Mr. Stabley stated that they would like to solicit feedback from the Town of Marana, as well as the support of the Town on this plan. ~nWN r~L 1 ~~ .. i R1AIZANA' ~ q~ILVyP REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 5, 2008, at or after 7:00 p.m. 2) Presentation: Relating to Transportation; status update on the Twin Peaks Interchange design (Keith Brann) Keith Brann presented this item to Council and gave an overview of the Twin Peaks Interchange status. Mr. Brann stated that there are three issues holding this project up at this time; right-of--way acquisition, environmental clearances, and the railroad. 1/3 of the 36 property owners of the right-of--way property acquisitions have gone to condemnation, administrative settlements were reached with 10 others, and most others accepted the offers at face value or were under agreement to dedicate right-of--way to the Town through different rezoning. Two properties are not in the Town's possession at this time: the Adobe Block property and the railroad easements. Both are actively being worked on. Mr. Brann signed the environmental clearances report and it will be hand delivered to ADOT and the army corp. tomorrow. Mr. Brann stated that another federal earmark has been received and the Town and the Marana Spectrum development have both given funding. ADOT believes that the construction bid will come in lower at $82 million. 3) Presentation: Overview of NovusAGENDA (Jocelyn Bronson) Jocelyn Bronson presented this item to Council and gave an overview of the current agenda preparation process and referred to the Executive Summary for this item contained in the Council packet. .She explained that the PowerPoint presentation was primarily for the benefit of the public and that she would be speaking more to the staff requirements necessary for implementation of the new agenda software. Ms. Bronson then introduced staff member Viviana Ruiz, project coordinator for NovusAGENDA, and who will be conducting the staff and Council training. Ms. Ruiz briefly demonstrated the public view of the NovusAGENDA and how it can be accessed as well as the BoardView, which pertains only to Council's ability to review the agenda packet and make notes electronically. ANNOUNCEMENTS/UPDATES - PROCLAMATIONS - F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson stated that beginning in September, Special Session opportunities will beheld on the 2"d and 4th Tuesdays of the month beginning at 6:00 pm as needed. Mr. Davidson also stated that the Rivulet project is under projected budget and ahead of schedule, as is the Marana Vista project saving approximately $820,363 on both projects. ~pW N 7F ~ .>; , i ti M1~1AIlANA r gRizc7~r REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 5, 2008, at or after 7:00 p.m. H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA Action: Approve motion with the following changes: Council Member McGorray recused herself from item I. 4. Upon motion by Council Member Comerford, seconded by Council Member McGorray, items I. 1, 2, 3, S and 6 were approved. Motion passed S-0. The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. 1. Resolution No. 2008-97: Relating to Development; approving and authorizing a final plat for Marana 59, Lots 1-58 and Common Areas "A" (Open Space/Drainage) and "B" (Natural Undisturbed Open Space) (Kevin Kish) 2. Resolution No. 2008-98: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for construction of the Tangerine/Thornydale Intersection Improvement Project (Barbara Johnson) 3. Resolution No. 2008-99: Relating to Parks and Recreation; approving and authorizing full execution of grant agreement #CCG 08-006 with the Arizona State Forestry Division for funding under the Community Challenge Grant Program to support activities related to the Marana Tree Inventory (T. Van Hook) 4. Resolution No. 2008-100: Relating to Community Development; granting $5,000 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 (T. Van Hook) Action: Approve upon motion of Council Member Clanagan, seconded by Council Member Posh Motion passed 4-0. Council Member McGorray did not vote as noted above. tOwN OF 4 htaizaN~, gKIZON'' Jane Fairall stated that included in the Council packets is a letter from the Pima Animal Care Center requesting the increase in fees. The increase has been approved by the Pima County Board of Supervisors and now the Board is asking for the Town to approve the same fees. Action: Upon motion by Council Member Post, seconded by Council Member Clanagan. Motion passed S-0. 3. a. Ordinance No. 2008.18: Relating to Building; adopting by reference the 2008 Marana Outdoor Lighting Code; amending Marana Town Code Section 7-1-2; repealing Title 18 of the Marana Land Development Code; and declaring an emergency (John Huntley) Item removed per approval of agenda motion. REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 5, 2008, at or after 7:00 p.m. 5. Resolution No. 2008-101: Relating to Real Estate; authorizing the acquisition by negotiation or condemnation of lands and property rights needed for Honea Heights Pavement Rehabilitation, Town of Marana Project No. 2003- 14 (Keith Brann) 6. Ordinance No. 2008.16: Relating to Administration; amending Title 1 ("General") of the Marana Town Code to authorize the Town Attorney and Town Clerk to correct certain scrivener's errors in the Town Code and ordinances and resolutions adopted by the Town Council; adding Section 1-4- 5; and designating an effective date (Frank Cassidy) J. COUNCIL ACTION 1. Resolution No. 2008-102: Relating to Mayor and Council; authorizing an alternative date for the August 19, 2008 Council meeting {Jocelyn Bronson) Jocelyn Bronson stated that the 2"d regularly scheduled meeting for August 19, 2008 falls on the first day of the Arizona League of Cities and Towns and since most of the Council members will be attending that conference, staff would like to reschedule the meeting to August 12, 2008. Action: Approve to move the August 19, 2008 meeting to a special meeting on August 12, 2008. Motion by Council Member Post, seconded by Council Member Clanagan. Motion passed S-0. 2. Ordinance No. 2008.17: Relating to Animal Control; amending Title 6 sections 6-2-8, 6-2-9 and 6-2-12 of the Marana Town Code to establish new dog licensing fees, delinquency penalties, license transfer fees and duplicate tag fees; and designating an effective date (Jane Fairall) ~nWN np ~~ M~IRANA ~ gR~~~Np REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 5, 2008, at or after 7:00 p.m. b. Resolution No. 2008-103: Relating to Building; declaring the revised 2008 Marana Outdoor Lighting Code as a public record filed with the Town Clerk; and declaring an emergency (Jane Fairall) Item removed per approval of agenda motion. 4. Ordinance No. 2008.19: Relating to Administration; adding the positions of General Manager, Assistant Chief of Police and Police Commander to the Town's unclassified service; creating two additional categories of employment; amending Town Code Sections 3-1-2, 3-1-3 and 3-1-4; adding new Town Code Sections 3-2-11, 3-2-12 and 3-2-13; and declaring an emergency (Deb Thalasitis) Item removed per approval of agenda motion. 5. Resolution No. 2008-104: Relating to Personnel; approving a salary schedule for classified employees and an action plan for implementation of the classification and compensation study and fiscal year 2008-09 performance management program; and declaring an emergency (Deb Thalasitis) Item removed per approval of agenda motion.. 6. Resolution No. 2008-105: Relating to Utilities; adopting a notice of intention to adopt wastewater rates, rate components, fees, and service charges, and setting a September 16, 2008 public hearing on the proposed adoption (Frank Cassidy) Jane Fairall presented this item on behalf of Frank Cassidy. She stated that this resolution is the first step the Town needs to take to adopt rates and fees for operation and maintenance of the wastewater utility once the facilities are transferred from the county to the Town. Ms. Fairall stated the Town has already prepared a written report supplying data supporting the rates and has placed it on file with the Clerk's office as required by state statute. Action: Motion to approve by Council Member Clanagan, seconded by Council Member Posh Motion passed 5-0. 7. Resolution No. 2008-106: Relating to Utilities; adopting a notice of intention to adopt wastewater treatment development impact fees, and setting an October 7, 2008 public hearing on the proposed adoption (Frank Cassidy) Jane Fairall presented this item on behalf of Frank Cassidy. She stated that this resolution is for the Town to adopt wastewater treatment development impact fees, also known as connection fees, to cover the Town's anticipated cost to provide wastewater treatment capacity once the Town takes over the wastewater utility from the county. A report on this item, was prepared by economists.com, was filed with the Town Clerk. ~pWN np ti Maizan~a gRl[vuP REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 5, 2008, at or after 7:00 p.m. Action: Motion to approved by Council Member McGorray, seconded by Council Member Comerford. Motion passed S-0. 8. Resolution No. 2008-107: Relating to Municipal Court; appointing Charles Davies as Marana Town Magistrate. for atwo-year term beginning September 1, 2008; approving and authorizing the mayor. to execute an employment agreement between the Town of Marana and Charles Davies (Deb Thalasitis) Deb Thalasitis stated that at the July 3, 2008 meeting the Council interviewed six candidates for Town Magistrate position and that Council directed staff to conduct a final background check on Charles Davies. Ms. Thalasitis stated that staff is recommending that Council formally appoint Mr. Davies as Town Magistrate and that the employment agreement be approved. Action: Motion to approve by Council Member Comerford, seconded by Council Member McGorray. Motion passed 5-0. Town Clerk, Jocelyn Bronson administered Mr. Davies' loyalty oath. K. BOARDS, COMMITTEES AND COMMISSIONS L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Legislative Issues: Discussion/Direction/Action regarding all pending legislation (Stephen Romero) M. 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. 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) 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 ~pWN nF . q NiniznN~ gRIL~yP REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 5, 2008, at or after 7:00 p.m. 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; 221-04-005B, 226-36-OOSB & -0050; and 226-08-0190; and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. _Action: Motion to direct staff to proceed as discussed in executive session in the .. amount of $923,844 and costs by Council Member Post, seconded by Council Member Clanagan. Motion passed S-0. 4. Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion and consultation with the Town's attorneys to consider its position and instruct its attorneys regarding settlement negotiations in the case entitled Town of Marana v. US Realty 87 Tucson-Grove Assoc., Pima County Superior Court # 020061140, a condemnation case to acquire right-of--way and property rights for the Thornydale Road construction project. .Action: Motion to direct staff to proceed as discussed in executive session in the amount of $106,000 plus statutory interest and costs by Council Member McGorray, seconded by Council Member Clanagan. Motion passed S-0. 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 2-4-2 B) Russell Clanagan asked for Keith Brann to give Council an update on the status of the park at the library in a September meeting. O. ADJOURNMENT Action: Motion to adjourn by Council Member Post, seconded by Council Member McGorray. Motion passed S-0. CERTIFICATION 1 hereby certify that. the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 5, 2008. I further certify that a quorum was }~x ; ent. ;,U~~r "~F'~~~ ocelyn .Bronson, Town Clerk ~µ ~,. ~ ,~ ~', an~~'