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Home My WebLink About01/20/2009 Regular Council Meeting Minutes~" ~~~~~ ~~ '~ ~~ Yti+'R~ P! Male}ai{ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 20, 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 members were present PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA. Motion by Council Member McGorray, second by Council Member Comerford Passed unanimously. CALL TO THE PUBLIC. David Morales spoke regarding three words that define the foundation of a community: God, country, family - in that order. His comments related to empowerment of the candidates who will be elected in March. Regarding Budget and Policy - 90% of their time should be dedicated to the budget because of the current fiscal situation. Empowerment comes from the people. Remember the two main goals - setting policy and setting budget. PRESENTATIONS P 1: Presentation: Relating to Offenses; discussion and direction regarding proposed amendments to Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age often unattended in a motor vehicle. Jane Fairall presented this item on behalf of the Police Citizen Advisory Commission, adding a new ordinance to the town code. This is the first of two readings. This item was initially presented to the CAC by the police department for review and consideration. Ms. Fairall noted that in the initial discussions a similar ordinance was proposed regarding leaving animals unattended in cars, which has now been adopted. Council Member Post asked what areas this would affect. Ms. Fairall replied that this would be effective anywhere in the Town of Marana. Council Member McGorray moved to bring this item forward for adoption, second by Council Member Clanagan. Passed unanimously. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS . Mayor Honea reported on the inauguration and its peaceful transition and equated it to Marana. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported on the Twin Peaks project. There is a two week delay initiated by an amendment from ADOT. The January 29 opening has been extended another two weeks. The other issue is the contemplated federal stimulus package. The town is working hard to anticipate any possible project in terms of funding for the final list. The list will be provided to Council by this coming Friday. TOWN REPORTS Marana Chamber 2008 3rd and 4th Quarter Reports. Ed Stolmaker presented a brief PowerPoint report. Currently, 517 active companies now belong to the Chamber. There was a reduction in new members, but they are holding steady. The 4th quarter showed the highest number of visitors since the 4th quarter of 2007. He also reviewed the accomplishments of the Chamber for this period. The 2009 directories were also distributed to Council. Citizen Advisory Commission Reports. Jim Shaw, chair of the Police CAC, introduced himself. Chief Tometich presented the other members of the commission in attendance: Michael Lektorich and Barbara Winters. He also noted Council Member Clanagan's presence as Council liaison. GENERAL ORDER OF BUSINESS CONSENT AGENDA. Council Member Post asked the town clerk about a set of minutes from June 20, 2007. Ms. Bronson responded that the minutes had inadvertently not been approved after the June meeting and that approval was necessary to have all permanent records compliant with statute. Council Member Ziegler questioned an item related to the intergovernmental agreement for election services. Mr. Cassidy responded. Upon motion by Council Member Post, second by Council Member McGorray, the consent agenda was unanimously approved C 1: Resolution No. 2009-05: Relating to Elections; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the provision of election services; and declaring an emergency C 2: Resolution No. 2009-06: Relating to water; approving and authorizing the Mayor to execute a Pipeline Crossing Agreement with Union Pacific Railroad Company; and declaring an emergency . C 3: Minutes of the January 6, 2009 regular council meeting and June 20, 2007 special council meeting. COUNCIL ACTION A 1: Resolution No. 2009-07: Relating to real estate; vacating portions of Continental Links Drive and Norway Spruce Road publicright-of--way; and conditionally authorizing the Town Engineer to execute a deed of abandonment. This item was presented by Frank Cassidy. Motion to approve by Council Member Post, second by Council Member Comerford. Passed unanimously. A 2: Resolution No. 2009-08: Relating to Utilities; adopting a notice of intention to increase water rates, rate components, fees, and service charges, and setting a February 20, 2009 public hearing on the proposed adoption. Gilbert Davidson introduced the item and then turned it over to Barbara Johnson for the full presentation, including a PowerPoint review of the past and future fees and needs. She discussed the value ofhaving aself-sufficient Enterprise Fund and how to transition into this type of fund. Erik Montague discussed the proposed rate structure, emergency replacement reserves and General Fund reimbursement of central service costs necessary to maintain a viable utility. Mr. Montague presented a comparison of surrounding providers based on different levels of consumption. Dorothy O'Brien then reported on intended quarterly updates to Council on the Enterprise Fund. With the adoption of tonight's Notice of Intent, a public forum will be scheduled for February 20, 2009. Council Member Ziegler thanked the team for putting together a very balanced report. Motion by Council Member Post, second by Council Member Ziegler to adopt a Notice of Intend Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature. Presented by Steve Huffman. He noted the unique position Arizona is in with the departure of Governor Napolitano to the Obama administration and the inauguration of Janice Brewer as the new Governor, especially in light of the budget crisis facing the state. He spoke of some serious challenges, especially with the latest revenue projections. We could be looking at three to five years before the state gets back on its feet financially. He noted that the federal stimulus package requires project requests to be ready to go in the next 20 days for the first round of stimulus fund distribution. Many funds will be available to ADOT that will be of benefit to Marana because of where it's positioned on Interstate 10. There are opportunities along with the serious challenges for Marana. Council Member Ziegler asked if Marana could schedule a legislative day with the League and if it would be a good use of their time. Mr. Huffman replied that this was already in process. EXECUTIVE SESSIONS. Moved by Council Member McGorray, second by Council Member Post to going into executive session for Item E3. 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) and (7) to consider the town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Camino de Manana & Dove Mountain Extension project, CIP number 2001-052, from the parcels of property generally identified as Pima County Assessor's parcel numbers 216-33-097K, 216-32-0250, 0260, 0270 and 0280. Mr. Cassidy asked for a motion to proceed as directed in executive session on the first property in an amount not to exceed $300,913 including closing costs. Motion by Council Member Post, second by Council Member Clanagan. Unanimously approved. Mr. Cassidy asked for a motion to proceed as directed in executive session on the remaining four parcels in an amount not to exceed $300,669 including closing costs. Motion by CounciLMember Clanagan, second by Council Member Posh Unanimously approved 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) ADJOURNMENT. Motion by Council Member Post, second by Council Member McGorray. Unanimously approved CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 20, 2009. I further certify that l~fi llbV lA~A ~/ .~J/ ]110- V ~~ J~elyn C. Z~~nson, Town Clerk