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HomeMy WebLinkAbout11/15/1994 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL NOVEMBER 15,1994 MARANA PLACE AND DATE: Marana Town Hall, November 1,5, 1994. CALL TO ORDER By Mayor Ora M. Ham. Time: 7:08 P.M. I/. PLEDGE OF ALLEGIANCE Led by Mayor Ora Ham. II/. INVOCATION/MOMENT OF SILENCE Led by by Mayor Ora M. Ham. IV. ROLL CALL COUNCIL Ora M. Ham Mayor Sharon Pdce Vice Mayor Tom Clark Council Member Ed Honea Council Member Betty Horfigan Council Member Herb Kal Council Member Helen Key Council Member STAFF: Hur~ie Davis Sandra L. Groseclose Dan Hochuli Gerald Flannery Cindy Ruiz Joe Lizardi Marcia King Town Manager Town Clerk Town Attomey Planning Administrator Planner II Town Engineer/Public Works Dir. Volunteer Manager Assistant 20 members of the Public. V. APPROVAL OF AGENDA A motion was made by Ed Honea, seconded by Tom Ctark and carded unanimously to approve the agenda as read. V1. APPROVAL. OF MINUTES A. Special Council Meeting of October 27, 1994. Postponed until next regular Council meeting. Vi.~l. PETITIONS AND COMMENTS 1. Frances Hayter, 14400 Imogene Pl.: She stated that she seriously requires roof repair. She had contacted Community Development Block Grant (CDBG) Coordinator Dan Groseclose about geffing CDBG funds for the roof repairs. 2. Frances Raseon, 12731 W. Hinton: Like Frances Hayter, she contacted Dan Grosedose for home repairs, stated that she needs a room for her handicapped son VIII. ANNOUNCEMENTS Marana Founders Day. Vice Mayor Sharon Price thanked everyone who helped and participated in the Founders Day rodeo, parade and other activities. ~ Town Attorney Dan Hochuli announced that the Court of Appeals has scheduled for oral arguments in the City of Tucson's challenge to Marana's annexation of the InaJThomydale area on December 6, 1994, at 9:00 A.M. in Downtown Tucson in the new State Building. He noted that his paralegal enjoyed attending the Founders Day activities Mayor Ham noted that Marana seemed to be the only place last Saturday morning that did not get rain. MINLrrEs OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL NOVEMBER 15,1994 Town Manager Hurvie Davis announced that on November 10, 1994, Town employee Mark Kay died. Mr. Kay had been employed with the Town for eight years, two months as a taboret and a heavy equipment operator. He is survived by wife Sharon, sons Edward, Lucas~ and Jesse. Services will be Thursday, November 17, 1994~ 2:00 P.M. at Evergreen Mortuary. Mr. Davis would like to establish a fund for the Kay family. IX. STAFF REPORTS On file at the Marana Town Halt. Tom Clark stated that he appreciated all the work that Bob Kern and the Public Works Department has done in paving Barnett Rd. and Sanders Rd. Hurvie Davis noted that care was taken in laying the pavement. Mayor Ham noted that the size and quantity of Staff reports has grown and she realized that a lot of work is being done. X. GENERAL ORDER OF BUSINESS _A. Public Hearin.q - Amendment To Tax Code Relating To Advertising Tax; Repeal Of Tax Code Article IV Section 1-405: Ordinance 94.16 Will Amend The Marana Tax Code To Remove Article IV, Section 1-405~ "Advertisin,q", Which Will Remove The Ability Of The Town To Tax Proceeds From All Adverdsing Activity. Discuseion/Action. Hurvie Davis noted that this Issue has been before the Council previously, it was requested by KOLD-TV channel 13 which wilt soon move to Marana. KOLD-TV learned that the Town charges an advertising tax. Since the tax discourages business development, he recommended changing the tax cede. KOLD-TV and other businesses would still pay other taxes, so the Tow'n would not lose any revenue. A motion was made by Sharon PAce, seconded by Tom Clark and carded unanimously to go into Public Headng, Time: 7:21 P,M. David Joseph, Vice-President and General Manager, KOLD-TV, 115 W. Drachman: He supported Mr. Davis' statements, noted that he would be bdnging about 100 employees to Marana. He and the station would have much to offer the Town. A motion was made by Ed Honea, seconded by Tom Clark and carded unanimously to come out of Public Heating. Time: 7:24 P.M Hurvie Davis stated that the Greater Marana - Avra Valley Chamber of Commerce has whtten a letter in support of changing the tax code in order to better encourage business development. The Marana Business Advisory Committee expressed its support but was unable to take action. However, Chairman Mike Overstreet, as a citizen, sent a teffer of support to amend the tax code. Had3 Kal asked about what other businesses would be affected or unaffected by the tax. Hurvie Davis answered that newspapers and radio stations would also be affected. Dan Hochuli noted that currently, only local advertising contracts executed within the Town would be taxable. Contracts made outside the Tow~ would be excluded. Businesses in Town advertising in Marana would be liable for taxes. Hurvie Davis stated that Marana earns about $1300 per year from the advertising tax, mostly from billboard ads. A motion was made by Ed Honea, seconded by Helen Key and carried unanimously to adopt Ordinance 94.16 Which Will Amend The Marana Tax Code To Remove Article IV, Section 1-405, "Advertising", Which Will Remove The Ability Of The Town To Tax Proceeds From All Advertising Activity. Deferred Compensation Plan With ICMA Retirement Corporation For Town Employees. Resolution No. 94-34. Hurvie Davis noted that classified employees do not have a retirement p~an. The new plan would be funded by withholdings from employee paychecks. The money would not be taxed until the pension plan is cashed, just like an IRA. Cynthia Lindley, Marketing Representative from tCMA Retirement Corporation, 15200 S. 42nd St,, Phoenix: She stated that ICMA has clients throughout Pima County, so Marana would have local representation. She said that the program is voluntary; the employees can put in as much money as they want. Them am nine different investment options for the conservative investor to the aggressive investor. The 457 Plan allows access for employees following their termination. There is no eady withdrawal penalty. Them is a beneficiary benefit. The money is transferable to another 457 Plan at another employer. Helen Key asked about the investment of the money. Ms, Lindley answered that IGMA Corp. chooses the investment options then contracts for a manager for each fund. MIN~$ OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL NOVEMBER 15,1994 Herb Kal asked whether other plans were looked at. Hurvie Davis stated only individual plans were examined. He noted that with ICMA, several different investment companies would be contracted to handle the funds, instead of contracting with just one investment company. Ed Honea asked about the costs for going with ICMA. Ms. Lindley stated that IMCA is a non-profit corporation and the fees charged go to cover administrative costs and fund manager costs only. Hurvie Davis noted that the Mayor and Council cannot participate in the plan. A motion was made by Helen Key, seconded by Sharon Price and carded unanimously to adopt Resolution 94-34, adopting the Employee Deferred Compensation Plan with ICMA Retirement Corporation serving as the Administretoc of the plan. Discussion Of Town Policies And Guidelines For,Applications, Fees, Costs, Procedures And Umitations For The Formation ,Of Community Facilities Districts Within The Town Umits. Hurvie Davis stated that this Item has been discussed by the Council previously, that Westinghouse wanted a Community Facilities Distdct (CFD) (to help pay for roads and other infrastructure items in their development), and the Council should set guidelines for any other CFD's in Marena. Dan Hochuli addressed the Council, explained the suggested policies and procedures for CFD's. He gave a summary of what a CFD is, stating that it is a separate municipal governmental entity, the same as a school district, a town, a county, a fire district, etc. A CFD has its own Board of Directors and General Manager, it makes money through the issuance of bonds and can take assessment taxes from property owners within its boundaries. Mr. Hochuli stated that he decided not to make changes to the Development Code in order to be more flexible, so that requirements could be tailored to each developer's needs. Although a CFD is an independent enftty, the setting of procedures and policies on CFD's allows the Town to exert some oontrol over the (:;FD's it creates. The CFD generates revenue for building and maintaining public infrastructure by setting tax- free municipal bonds. The bonds are paid by making assessments on property Owners within the CFD. The point of the CFD is to assist the developer in obtaining required infrastructure so that the buyers of the development will not have the costs shifted onto them. That makes the development less expensive to buyers. Having CFD's creates certain extra responsibilities for the Town. The Planning Department would have to know the boundaries of each CF[:) in order to determine what property is in which district. In some cities that have many CF[:)'s, there are entire staffs whose sole purpose is to supervise the CFi:Ts. The Board of Directore of a CFD typically is composed of members of a Town Council, although a separate Board can be appointed. By Arizona law, CFD's that are under 600 acres in area must be governed by the Town Council Administrative duties can be delegated to Town Staff. The proposed Marana CFC) policies call for CFD's with independent Boards as long as the CFD's are controlled by safeguards. The bonds that a CFC:) issues can be offered publicly or privately. Public bonds need to be rated. Pdvate bonds do not have ratings. Investors are allowed to take as much dsk on private bonds as they wish. Pdvate bonds can be resold publicly ff they are insured or rated. The bonds can have a maximum total value of 1/3 the total land value of the development so that there is a buffer in the event that the development fails and the bonds need to be paid. The Town that created a failed CFD is not responsible for the CFD's debts. D. Bike Helmet Ordinance 94.17 - A Number Of Citizens Have Requested That The Counci! Consider And Adopt A Bike Helmet Law. Hurvie Davis stated that this Item can be considered a Consent Agenda Item. The Ordinance would affect bike dders under 18 years of age. Tucson and Oro Valley have similar ordinances. Tom Cla~ questioned why the Ordinance only covered children and not adults. Ed Honee objected to overwhelming the citizens with too many laws. The Ordinance would create further financial obligations to bike dders. Dan Hochuli noted that the requirements of the Ordinance were adapted word for word from the Tucson and Oro Valley Ordinances. Mayor Ham suggested that this item be delayed until the next Council meeting so that the issue of providing helmets to Iow income people is resolved. Wade Road Abandonment - An Application For Abandonment Of Wade Road In Section 27 And 28 Was Filed By Robert Byatl On Beh~ff of Northern Trust Bank of Arizona, The Trust Agent For Steinfeld Trust. The Portions Of MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL NOVEMBER 15,1994 I Wade Road That Are Requesting To Be Abandoned Were Removed From Service Due To Reali.qnment Of Wade Road - Resolutio~n No. 94-33. Hurvie Davis stated that notice had to be posted for 60 days before further action could be taken. The property owners near the portion of Wade Road to be abandoned made the request. A motion was made by Ed Hoeea, seconded by Sharon Price and carded unanimously to approve Resolution 94-33 for the Mayor to sign the quit claim deeds for the abandonment of the portions of Wade Road which are no longer necessary for Town use. Call Of Election - Resolution No. 9430 - Designating The Election Date And Purpose Of Election; Desiiioating The Deadline For Voter Registration; And DesiRnatinR The Place And The Last Date For Candidates To File Nomination Papers. A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to approve Resolution 94-30 Call of Elections for 1995. Extension Of !ntergovemmentat Agreement Contracts W'Rh Pima County For 1991, 1992 And 1993 Community Development Block Grand Proflrams - This Will Allow Expenditure Of Aifaffed Grant Funds Through June 30,, 1995, Resolution No. 94-31 And Resolution 94-35. A motion was made by Ed Honea, seconded by Helen Key and carded to approve Resolution 94-31 amending Contract Number 01-39-M-116957-1192, Resolution 94-32 amending Contract Number 13-39-T-118296-1193 and Resolution 94-35 amending Contract Number 01-39-M-115299-1191 which extends the expiration date of the contracts to June 30, 1995. Mayor's report. Oral report. Mayor Ham reported on invitations to the open house at Marana Plus. It is an educaf;onal program at the Marana public schools that helps keep students from dropping out of school. It is at the new building on Grief Rd. Mayor Ham stated that she will be meeting with her family from November 19th to the 27th. I. Town Manager's Report. Oral report. Hurvie Davis reported on was'~water matters. An assured water supply study contract is being awarded to Environmental Resource Consultants. They bid at $16,165.00 for the study. The start date is set for about January 1, 1995. CMID will contribute 25% of the cost, 64,041.25, and possibly up to 75%. The study will cover both Marana and CMID. Mr. Davis will meet with the AZ Dept. of Corrections and MTC on having inmates do public service work. They could serve on the Public Works staff, doing road work. The police substation annex construction is in progress. He suggested that the Council hold a dbbon cutting ceremony. X. FUTURE AGENDA ITEMS Helen Key suggested dealing with the abandoned buildings in Town on Gder Rd. Xl. ADJOURNMENT A motion was made by Betty Horrigan, seconded by Tom Clark and carded unanimously to adjoum. Time: 9:35 P.M, AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL CLERICS OFFICE CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Regular Council Meeting of the Marana Town Council hefd on November 15, 1994. I further certify that a quorum was present. H:ffvllNUTES\COUNCIL\1994.MIN\I 1-15-94.MIN File Iocatio~Lefi co~fiput~' LAN networl< ~1~ L~,~iiler~ 11/20/94 Type~ ~ point.