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Home My WebLink About09/16/2008 AMENDED Regular Council Meeting Minutesae~ , a--~ac Ise Cl ~'ev~lc_c~- ~ ~u:~e~es't" S`~EIMP.~_ 'fU6v-~ V ~ ~Q,t~DY Z~-1, ~e r-Fouvt t n q '~U -~~t2 t1 D~"P.~ 6ti1. ~~'"ewt~ ~ 2 ~ '~tL ~ 1~~5 ~ ~~a ~ ~.~• J ~~~ f yS4ew hi Y;Na #1 q hn~N P ED REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 16, 2008, at or after 7:00 PM 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 REGULAR MEETING 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 Post, Council Member Roxanne Ziegler Vice Mayor Herb Kai joined the meeting at 8:20 pm. Staff Present: Town Manager Gilbert Davidson, Assistant Town Manager Deb Thalasitis, Town Attorney Frank Cassidy, Town Clerk Jocelyn Bronson PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Mayor Honea led the pledge of allegiance. Reverend Dave Hedgepath, Community Christian Church, gave the invocation. APPROVAL OF AGENDA Motion: Approve ,Moved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. Passed. 7-0. Council Members voting Aye: Clanagan, Comerford, Honea, McGorray, Post, Ziegler Excused: Kai CALL TO THE PUBLIC Ric Boyer, Candidate for State Representative, addressed Council regarding constituents and voting. He encouraged Marana and its constituents to vote for well qualified candidates. PRESENTATIONS P 1: Presentation• Quarterly Financial Report /Preliminary results for fiscal year 2007-08. Erik Montague gave a brief overview on the general fund revenues for the fiscal year 2007- 2008. He spoke regarding the Transaction Privilege Taxes (TPT), State Shared Revenue, and Development Related Revenues. Mr. Montague recommended that an in depth study session be held at a later date. The presentation given by Mr. Montague is on file with the Town Clerk's Office. Mayor Honea asked if the State's billing was included in this presentation. Mr. Montague indicated that this is included in the 2008-2009 projections. Council Member Ziegler expressed her concern with paying the state shared revenue of $90k and asked that the bill not be paid until Council has approved to do so. Mr. Montague assured Council that prior to a bill of this sort being paid, it would come before Council for approval. P 2: Presentation• Relating to an Update on the Silverbell Road and District Park Projects. Barbara Johnson gave an overview on the milestones accomplished as well as the project status updates with the Silverbell Road Interceptor Project. She stated that overall the project is 45% complete and that Phase I is 66% complete. Ms. Johnson explained the Ina Road detour and stated that the project is currently on schedule and that the road is anticipated to be open for thru traffic at the beginning of November. She also explained how exploratory archaeology work is on-going in the park area adjacent to Silverbell Road and how the park construction has received DEQ approval. Sue Benaron stated that there will be a tour of the site on the 23rd. Tom Ellis gave an overview on the status of the District Park. Mr. Ellis stated that he believes the project will go to bid in November and that the park will be opened in the summer of 2009. $200K will be requested in Operations and Maintenance funding in order to keep the park open 7 days a week. Presentation is on file with the Town Clerk's office. ANNOUNCEMENTS/UPDATES Mayor Honea announced that Ora Mae Harn is currently at University Medical Center. He also welcomed the C.R.E.W. participants. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan stated that on September 21st is the El Tour Kick-Off that will beheld at Ora Mae Harn Park beginning at 6:30 am. Mayor Honea visited White Stallion Ranch. He also stated that he met with several youth leaders in the Marana area. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson stated that T. VanHook will be the Town's representative for the annual capital improvement program process. Ms. VanHook's job will be to coordinate amongst all of the various departments in indentifying the capital needs for the organization and the entire community. STAFF REPORTS Chamber Quarterly Report Ed Stolmaker of the Marana Chamber of Commerce gave an overview of the Chamber's quarterly report. Report is on file with the Town Clerk's office. GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion: Approve, Moved by Council Member Jon Post, Seconded by Council Member Russell Clanagan. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, McGorray, Post, Ziegler Council Members Absent: Kai C 1: Resolution No 2008-117• Relating to Public Services: approving and authorizing an amendment to the intergovernmental agreement between the Regional Transportation Authority and the Town of Marana to add construction of wildlife crossings to the Camino de Manana Linda Vista Boulevard to Tangerine Road Roadw~ and Drainage Improvements. C 2: Relating to Development Impact Fees: The filing of the annual development impact fee report to account for the collection and use of development fees as required by ARS § 9-463.05. C 3: Resolution No 2008-118: Relating to Development; approving and authorizing a final plat for (west -Marana Facility, Lots 1 and 2. C 4: Resolution No 2008-119• Relating to administration; authorizing the Parks and Recreation Director under the general and specific direction of the Town Manager or designee to execute agreements on behalf of the Town re¢ardin~ the use of Town of Marana parks and associated facilities. COUNCIL ACTION A 1: Ordinance No 2008 21 • Relating to Utilities• AdoptingLwastewater rates, rate components fees and service charges and establishing an effective date. Barbara Johnson introduced Dan Jackson of economists.com, who gave a presentation on the Town's Wastewater Rate Study and Long Term Financial Plan. Mr. Jackson stated that the forecast cost of service and rates have changed slightly in the last year. He stated the Town will still be able to provide wastewater services at a rate equal to that of the County. The economists.com presentation is on file in the Town Clerk's office. Mr. Jackson stated that a primary difference between the County's rate schedule and the proposed Town rate schedule is that the Town will establish a rate schedule for residential and non-residential categories only. Mr. Jackson then gave the proposed rate plan for the Town and stated that the proposed wastewater rates are forecast to remain below the state average. Carol McGorray asked whether an existing customer with Pima County would be required to pay a deposit to transfer into Marana. Dorothy O'Brien stated that the only time a resident would have to pay a deposit is if they are acquiring a new service. She also stated that if a resident does not own their own home, they would also have to provide a security deposit, unless 3 letters of credit reference are provided. Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Carol McGorray. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, McGorray, Post, Ziegler Council Members Absent: Kai A 2: Ordinance No. 2008.22: Relating to Development; approving and authorizing a modification to the rezoning conditions of Ordinance 2007.09 (Vi1la~es of Tortolita Specific Plan). Vice Mayor Kai joined the dais at 8:20 pm Kevin Kish stated that on April 3, 2007, Council approved Ordinance No. 2007.09 which rezoned the Villages of Tortolita. The proposed Ordinance is a request to modify the language of condition number 2 in Ordinance No. 2007.09. -~ Motion: Approve, Moved by Council Member Jon Post, Seconded by Council Member Patti Comerford. Passed. 7-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post, Ziegler A 3: Resolution No. 2008-120: Relating to Utilities; approving and authorizing the Mayor to execute a Partial Assi~mnent of Rights and Assumption of Obligations of Central Arizona Project Municipal and Industrial Water Service Subcontract and an Agreement among_the United States the Central Arizona Water Conservation District and the Town of Marana; and declaring an emergency. Frank Cassidy stated that these are the agreements that carry forward the Town's purchase of Central Arizona Project water allocation from Flowing Wells Irrigation District and that these agreements are one of the final steps in getting that allocation. Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. Passed. 7-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post, Ziegler A 4: Resolution No. 2008-121: Relating to Police Department; providing for the appointment of Terry Tometich as Chief of Police• and declaring an emergency. Gilbert Davidson recommended to Council that Terry Tometich be appointed as Chief of Police. He stated that Mr. Tometich has demonstrated excellent capabilities during his short tenure as Interim Chief of Police. Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. Passed. 7-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post, Ziegler A 5: Resolution No. 2008-122: Relating to Economic Development; Approving and authorizing the Mayor to execute a financial participation agreement between Tucson Regional Economic Opportunities, Inc., and the Town of Marana to support regional economic development activities Gilbert Davidson introduced David Welsh, Sr. Vice President of TREO, who gave a presentation on the TREO update to Council. Mr. Welsh stated that TREO is focusing their strategy on four industries: Aerospace & Defense, Solar, Biotechnology, and Transportation & Logistics. He discussed the 2007-2008 accomplishments regarding infrastructure/capacity development. Mr. Welsh then gave an update on the 2008-2009 TREO priorities and budget. Presentation is on file with the Town Clerk's office. Gilbert Davidson reminded Council to look at the item cover sheet regarding the two changes suggested by the Business and Economic Development Citizen Advisory Commission. Mayor Honea expressed concern on lack of communication from TREO regarding updates and status on projects more often. Mr. Welsh stated that one of the seats on TREO's board, the PAG seat, is intended to be rotated between the regions. Mayor Honea stated that Marana writes the $SOk check, not PAG. Mr. Welsh said that this is currently something that is being worked on. Council Member McGorray asked if there is a possibility that Sahuarita, Marana, and Oro Valley would have an opportunity to serve as a standing member of the TREO board. Mr. Welsh stated that this option would be brought up for the board's consideration. Council Member Ziegler spoke regarding what the Town has paid to TREO since 2005 and that TREO's map does not indicate any new business development in the Marana area. She stated that she would not vote for this proposed agreement with TREO. Council Member Comerford stated that if Mr. Welsh's position is to be a liaison between TREO and the regional governments, then it would have been nice to see him before 9 months had passed. She stated that TREO reminds her of GTEC, a previous company that the Town had worked with. Council Member Clanagan asked what accomplishments TREO has and how those accomplishments have benefited the Town of Marana. He stated that he feels that Marana is not a priority to TREO and that he does not support any more funds going to TREO in its present format in the existing relationship. Gilbert Davidson stated that Council has met regarding this issue in the past and suggested three options for Council to consider: 1) to go back and work with TREO to address the concerns raised tonight and have TREO come back to Council with an action plan on those concerns, 2) a reduced funding agreement with TREO, and 3) to decline the contract. Council Member Ziegler made a motion to deny Resolution 2008-122 for one year. Council Member Clanagan seconded. Mayor Honea stated that he opposed Council Member Ziegler and Clanagan's motion to deny this agreement and believes that the Town walking away from TREO would be a great error for the Town. Council Member Ziegler stated that her recommendation is to not approve this agreement with TREO this year, and to re-group next year if the relationship improves. Council Member McGorray made a substitute motion to have TREO address the specific issues addressed to him tonight and come back to Marana with a more formalized plan of action and at that time Marana would consider the option to move forward with TREO. Seconded by Mayor Honea. Motion failed 2-5. Council Members voting Aye: Honea, McGorray Council Members voting Nay: Clanagan, Comerford, Kai, Post, Ziegler Original Motion made by Council Member Ziegler was then voted on and passed 5-2. Council Members voting Aye: Clanagan, Comerford, Kai, Post, Ziegler Council Members voting Nay: Honea, McGorray A 6: Resolution No 2008-123• Relating to Real Estate• Vacating a portion of the public ri t-of-way of Camino de Marana that crosses the Union Pacific Railroad property, and declaring an emergency. Frank Cassidy presented this item to Council stating that this item would address the property at the Camino de Marana right-of--way that is between the frontage road and the TEP property. He stated that it just crosses the Union Pacific property. This item would authorize the Town Engineer to execute the documents that transfer title once that piece of property is no longer needed for traffic. Motion: Approve, Moved by Council Member Herb Kai, Seconded by Council Member Russell Clanagan. Passed. 7-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post, Ziegler BOARDS, COMMISSIONS AND COMMITTEES B 1: Council Citizen Advisory Commission Assignments. Gilbert Davidson gave an overview of how Council Members would be assigned to the various Citizen Advisory Commissions. Affordable Housing Commission =Vice Mayor Herb Kai Business & Economic Development Commission =Councilmember Carol McGorray Parks & Recreation Commission =Councilmember Patti Comerford Planning & Zoning Commission = Councilmember Jon Post Police Commission =Councilmember Russell Clanagan Utilities Commission =Councilmember Roxanne Ziegler Mr. Davidson stated that each council member's role on these commissions will be as an ex-officio and non-voting liaison representing the Town Council. Council members are encouraged to attend the meetings of their assigned commissions and provide assistance and advice as requested by the commission chairperson. ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS Motion to go into executive session at 9:24 pm Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Carol McGorray. Passed. 7-0. Jon Post left the dais at 9:25 pm Council returned to the dais at 10:24 pm E 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. E 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 (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. E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) for discussion or consultation with the Town's attorneys regarding a holdover tenancy in a Marana housing program unit. Motion to proceed as discussed in executive session: Moved by Council Member Patti Comerford, Seconded by Council Member Herb Kai. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Ziegler Council Members Absent: Post E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) for discussion or consultation with the Town's attorneys to consider the Town's position and receive legal advice concerning public roadways affecting and in the vicinity of the Saguaro Ranch development, including Thornydale Road right-of--way north of the roundabout near the Saguaro Ranch entry and the "public easement" that is the subject of the pending litigation entitled Theresa Chamberlain vs. Saguaro Ranch Development Corporation, Pima County Superior Court No. 020083779 Motion to proceed as discussed in executive session: Moved by Council Member Patti Comerford, Seconded by Council Member Herb Kai. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Ziegler Council Members Absent: Post FUTURE AGENDA ITEMS Council Member Patti Comerford asked to have the item regarding CMID, which had been discussed at a previous meeting, brought back to Council for an update. Council Member Russell Clanagan concurred. Mayor Honea stated that something would be brought back. ADJOURNMENT Motion to adjourn: Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford, Passed 6-0. The meeting was adjourned at 10:26 pm. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 16, 2008. I further certify that a quorum was present. ``~~~il1SY~~~®®~ ~~y~~,~~nnni '~j celyn ronson, Town Clerk ,+''~ f~iFCOAPOr~r~ SEAL .? j ,9yaim~~ ~~ ~~~~ii~i~ei~ ~~~~ ~~ ARANA w/ 1 \ STATEMENT OF AGENI?A CONFLICT I' ~~~ , declare a conflict on Agenda Item /J '~ entitled: ~~Df~ . 2 ~ Ji ~7Lt'l For the tUllowing reasons}: ~e ~ --7-- E' ! i icy y _~°~ . Signature Date I, Herb Kai, have historically abstained from all issues regarding the Village of Tortolita. On September 16t" 2008, I mistakenly voted on a Village of Tortolita motion. The vote was seven to zero, and should have been six to zero, sans my mistaken vote. Please use this memo to clarify the record. ~~i~/o ~ G~~~~ ~~