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Home My WebLink About01/06/2009 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona. 85653 Council Chambers, January 6, 2009, 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. All Council Members were present PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA. Motion by Council Member Post, second by Council Member McGorray. Passed unanimously. CALL TO THE PUBLIC. Jack Stebe, 12585 N. Oldfather Road, spoke on the issue of paving Moore Road. Mr. Davidson, Council Member Clanagan and Mayor Honea gave responses. Staff will be in contact with Mr. Stebe and others by the end of the week. Angela Wagner-Gabbard spoke regarding public records requests for emails and communications, and alleging inappropriate use of town property for personal gain and activities, prompting her to ask Council Member Clanagan to step down from his seat on the Council. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS Marana Broncos Mitey Mite Blue. Ms. Bronson read the proclamation. Todd Leavens spoke on behalf of the team and thanked Council and his staff. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Comerford reported on the health of Ora Mae Harn; Council Member Clanagan reported that an Iraqi soldier of his acquaintance is requesting shoes -new or slightly used -for children in Baghdad; Mayor Honea reported on the Strategic Plan public meetings. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson noted that the executive reports to Council are included in their Council packets; Deb Thalasitis reported that the Strategic Plan is available for review on the town's website. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA. Motion by Council Member Clanagan, second by Council Member McGorray. Unanimously approvecb C 1: Resolution No. 2009-001: Relating to Development; approving and authorizing a final plat for Cascada, Village I (Lots 1-430), Blocks I - XVIII, "A", "B", "C", "D" & Common Areas "A", "B", "C", "D", "E", "F", "G", "H", "I" (Kevin Kish, AICP) C 2: Resolution No. 2009-002: Relating to Community Development: granting $1,000 in discretionary funding to the Arizona Academic Decathlon Association to support the 2009 Region III Academic Decathlon being held at Marana High School. (T VanHook) C 3: Minutes of the December 9, 2008 special council meeting and the December 16, 2008 regular council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Resolution No. 2009-003: Relating to the extension of the Alternative Expenditure Limitation (Erik Montague) Motion to approve by Council Member Comerford, second by Council Member McGorray. Unanimously approvecb A 2: Resolution No. 2009-004: Relating to Development; approving and authorizing the Mayor to execute a development agreement with Marana Mortuary & Cemetery Properties, L.L.C. (Kevin Kish, AICP) Council Member Post declared a conflict of interest and left the dais. Mr. Kish presented this item and discussed the Barnett Linear Channel and park area, negotiated development agreement with the parties involved and responsibility for development fees. Council Member Ziegler asked a question in regard to Item 4. Mr. Kish stated that he wasn't sure of the actual costs at this time -perhaps $80,000-90,000 as a ballpark figure. Vice Mayor Kai spoke to his concerns on item 4 with regard to the canal on Barnett, and that CMID wants this canal underground. Is the town going to pay for those costs? Mr. Kish stated yes, the town would be responsible. Staff felt that it would be more advantageous to do that in terms of overall cost-savings and continuity and timing of delivery of the water system. Funds will come from a proposed CIP project on the east side of the canal. Vice Mayor Kai also noted that CMID is concerned about the wall and needs access on the north and south side of the canal until the underground comes in. He said that the funding number should be defined. Council Member Ziegler noted her concern in the discrepancy of the numbers. Barbara Johnson addressed Council, noting that the project would cost closer to $389,000 for the undergrounding. As the CIP project is compiled they are looking at funding mechanisms. Future developers will be looked to for reimbursement. The town does need to get the project going regarding the drainage and how it will save north Marana. There will be more than one CMID crossing over the canal. The CMID facilities do need to be protected. Motion by Council Member Comerford, second by Council Member McGorray. Vice Mayor Kai abstainea~ Motion passed S-0. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSIOl~/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffinan) EXECUTIVE SESSIONS Motion by Council Member Clanagan, second by Council Member McGorray. Unanimously approved. 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)(4), discussion or consultation with the Town's attorneys to consider its position and instruct its attorneys regarding a November 14, 2008 claim filed by Cortaro-Marana Irrigation District and Cortaro Water Users' Association. E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(4) and (7) for discussion or consultation with the Town's attorneys and representatives regarding negotiations for the possible purchase of certain water infrastructure located within the town limits of the Town of Marana and certain related water resources . Mr. Cassidy requested authorization to proceed with further analysis as discussed in executive session. Motion by Council Member Comerford, second by Council Member Post . Passed unanimously. 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) Upon request of Council Member Clanagan, he would like staff to look into changing the study session for the January 20, 2009 meeting. ADJOURNMENT. Motion by Council Member Post, second by Council Member Comerford. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 6 2009. I further certify that a quorum was present., . ,~ f,,®~ COAL 1'E~~p i 4 Jocelyn ronson, Town Clerk ®,. ~ ~ ~ i 1 ~ s ~~~°siA®u--eoo°°'® '~ ',d~~~i ~~~,®®~