HomeMy WebLinkAbout04/25/2006 Study Session Minutes
MINUTES OF MARANA STUDY SESSION
MARANA MUNICIPAL COMPLEX
APRIL 25, 2006
PLACE AND DATE
Marana Municipal Complex, April 25, 2006.
A. CALL TO ORDER AND ROLL CALL
By Mayor Honea at 7:00 p.m.
COUNCIL
Ed Honea
Herb Kai
Bob Allen
Jim Blake
Patti Comerford
Tim Escobedo
Carol McGorray
Mayor
Vice Mayor
Council Member
Council Member
Council Member
Council Member
Council Member
Present
Present
Present
Present
Present
Present
Present
ST AFF
Mike Reuwsaat
Gilbert Davidson
Jim DeGrood
Frank Cassidy
Jocelyn Bronson
Town Manager
Assistant Town Manager
Assistant Town Manager
Town Attorney
Town Clerk
Present
Present
Present
Present
Present
B. CALL TO THE PUBLIC
GENERAL ORDER OF BUSINESS
C. ITEMS FOR DISCUSSION
1. DiscussionlDirection: Relating to proposed amendments to Title 6 (Animal
Control), adopting new vaccination, licensing and public animal sales
prohibitions (Frank Cassidy)
Frank Cassidy, Town Attorney, addressed the Council and said the amendments
to the Animal Control Code are to eliminate loopholes. The language in Chapter
6-2 does not cite any real licensing or vaccinations provisions, so anytime a case
goes to court, and there is a challenge of the code, the citation is dismissed. The
new ordinance will insert language taken from the Pima County Code and will
clean-up Chapter 6-3.
The Town of Marana received a letter from the Pima Animal Care Center asking
the Town to add provisions prohibiting the transfer or sale of animals in public
rights-of-way, on public land, swap meets, and flea markets. Mr. Cassidy
introduced Kim James from the Pima Animal Care Center to explain the reason
the County would like the Town to adopted this provision.
Mr. James addressed the Council and said that if someone wants a pet, the Pima
Animal Care Center wants the public know it is a financial investment. If pets are
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APRIL 25, 2006
sold in public locations, the buyer may not be aware of licensing laws,
vaccinations, possible diseases, and the expenses. It is a health risk not knowing
what types of diseases the pets could project to the public when on a street comer
or in public arenas.
Council Member McGorray asked what a neat animal was (referring to number
13 of section 6-2). Mr. Cassidy stated that a cow would be considered a neat
animal. She verified that the licensing process is an annual renewal, and that the
sale of animals on private property would not be regulated.
Vice Mayor Kai asked if there are provisions in the Marana Town Animal Code
for animal cruelty. Mr. Cassidy said there are provisions in Chapter 6-4 of the
Town Code.
Upon motion by Vice Mayor Kai, seconded by Council Member Allen, direction
for staff to bring the Town Animal Code and Pima County Code revisions back to
the Council for adoption, was approved 6-1 with Council Member Comerford
voting no.
2. Discussion/Direction: Presentation relating to procedures for establishing
new citizen commissions and conforming existing procedures (Jocelyn
Bronson)
Jocelyn Bronson, Town Clerk, addressed the Council and said that staff would
like to bring accountability and continuity to current and future boards,
commissions and committees. There currently are no standard guidelines,
protocols, bylaws or term of office. Currently the Town has boards, such as the
Board of Adjustment, and commissions, such as the Planning Commission. Staff
would like to standardize the term of office to 4 years and would like to use either
boards or commissions. A commission is a more formal entity making
recommendations to an advisory body, which is what staff would prefer. All
standing committees should be incorporated into the Town Code section 2.6 and a
set of bylaws be provided for each committee. Ms. Bronson said there is a need
to have someone take minutes and help with agenda preparation. Committees
need to be consistent in how they take minutes and how they give them to the
Town Clerk's office.
Mayor Honea asked if the Marana Water Utility Advisory Committee, Marana
Water Committee and Marana Utility Board were going to be combined into the
Utility Commission. Mr. Reuwsaat said that initially the Utility Board will stand
until there is a decision on the electrical power, but the other two committees will
be combined into a separate commission dealing with storm water and sewer. Ms.
Bronson said after reviewing definitions for boards, committees and commissions,
boards and commissions seem to be the best name. She likes the idea of
commissions rather than boards, but existing names do not need to be changed.
Mayor Honea said commission is ongoing, where a committee is set up for a
certain task and once the task is done, the committee is dissolved. A commission
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MARANA MUNICIPAL COMPLEX
APRIL 25, 2006
is for a long-term permanent structure. Mr. Reuwsaat said the Board of
Adjustment is a different level than the Planning Commission; the Board actually
makes decisions interpreted based on the Code, while the Planning Commission is
an advisory commission standing as a Council. A commission would be an on-
going advisory role to the Council. He thanked Ms. Bronson and Mr. Cassidy for
their work.
Ms. Bronson said there are changes on page eight, section one, talking about
applications, vacancies, and appointments. Wording was changed to state, "a
letter of resignation is considered effective upon submission to the Town Clerk."
Not effective by acceptance ofthe Council. In section two, the Town Clerk
advises the Council of the vacancy during a Council meeting and then a notice of
vacancy for the CAC is posted at the Marana Municipal Complex." The new
procedure will eliminate the amount oftime it takes to acknowledge a vacancy.
Committees such as the airport noise committee should be referred to as an
ADHOC committee or a task force committee if it is a short duration.
Council Member Escobedo said he is okay with going to commissions, but thinks
it is difficult to change the Teen Advisory Council, because it is difficult to go to
a four-year term. He recommended keeping their name and the set up the same.
Mr. Reuwsaat concurred.
Mayor Honea said the Council does not appoint individuals on many committees
and is looking for committees the Council would be responsible for filling. Mr.
Reuwsaat said as the Town matures as an organization, the assistance staff gives
to the commissions and boards will be taking minutes and keeping public record.
Gilbert Davidson, Assistant Town Manager, addressed the Council and said staff
is exploring the option of a subcommittee for the businesses along the 1-10
corridor so the Planning and Zoning Commission have more ability to be involved
in the clean-up around Marana.
Ms. Bronson said that she would be glad to bring this back to the Council but
asked for direction from Council to proceed and start a selection process, which
will not take effect until the Council approves a resolution.
Mr. Reuwsaat said staff will bring more specifically defined roles and
expectations bring to the Council so that committee members know what is
expected on their committees.
Upon motion by Council Member Escobedo, seconded by Council Member Allen,
staff was unanimously directed to bring the final documents before the Council at
the first meeting in June.
Mr. Reuwsaat thanked Ms. Bronson for everything she has done and said
formalizing some of the existing commissions to meet the standards and work on
the bylaws is a great step forward.
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Council Member Escobedo asked if there is a 30-day waiting period and Mr.
Cassidy said an emergency clause could be adopted so the standards could be
effective immediately. Council Member Escobedo said ifthe need is there, the
commission names should be put together as soon as possible.
3. DiscussionlDirection: Relating to the formation of the Tangerine Farms
Improvement District (Jim DeGrood)
Jim DeGrood, Assistant Town Manager, addressed the Council and said the 3.8
miles of 4-lane divided roadway will begin at the Tangerine Interchange and
extend west through the Gladden Farms Project. The improvement district is
comprised of five property owners; Cottonwood Properties, Granite Construction,
Gladden Farms Projects and Westcor, and will have costs exceeding $22 million.
He introduced Tim Pickrell, Mark Reader, Michael Cafiso, Financial Advisors,
Matt Clark, Project Consultant and Kevin Thornton, Assistant Director of Public
Works.
Vice Mayor Kai asked if the Pima County Landfill (located on Tangerine Road)
was excluded from contributing to the improvement district. Mr. DeGrood said
they can participate, but are not obligated to.
MarkReader, Stone and Youngberg, addressed the Council and spoke about three
issues of working with bonds: what is the source of payment, what is the
collateral on bonds and what happens if there is a melt down. He gave a
presentation on the improvement district overview, project goal, map and
infrastructure detail, and project budget. An improvement district is a special
district the Council will be asked to form in the next 30 days. A special district
has defined boundaries and has property within the boundaries. Bond money is
used to finance the public infrastructure and the property owners that benefit have
to repay the bond based on the benefit they receive. It is not a tax on the entire
Town, nor from the general fund. Bonds are issued and are repaid from the
property owners and allocated back to the property owners based on benefit.
When bonds are issued, a lien is filed on the land. A special assessment lien is
paid in January and July of each year. In the event that an assessment is not paid,
the Town is required to make a temporary loan assessment payment out ofthe
general fund. The Town then exercises foreclosure remedies to sell the property
for the amount ofthe assessment, then reimburse its general fund. The credit
nature is the Town's general fund behind the assessment bonds. Bonds can be
amortized over a 25-year period or over the useful life ofthe infrastructure.
Assessments can be prepaid on any interest payment date without penalty. If one
owner walks away from their assessment debt, the debt is not spread to the other
property owners. Impact fee payments for a single family home will be used as a
credit to payoff the assessment.
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Mr. Reuwsaat said if adopted, the new impact fees will go into effect on August 1,
2006. The assessment fees will be from the paid impact fees.
Mr. Reader said the improvement district financing is a way to accomplish the
public infrastructure improvements for Tangerine Road. He reviewed the
preliminary sources and uses of funds for the improvement district including
$17.5 million for construction and $1.9 million for capitalized interest. The
current bond issue total is about $25.6 million.
Mayor Honea asked if the debt obligation stays with the property as the owners
start selling off pieces of property. Mr. Reader said no residential households
would be responsible for any of the debt services. The plan is to off-set the
assessment on a per lot basis, which may be around $5,000-$6,000 as they pay the
impact fee, the special assessment is paid off. Mr. Reuwsaat clarified that instead
of over the term of 20 years sending out assessments on residential lots, when it is
sold and someone buys the house, the assessment is paid off.
Council Member McGorray asked if the assessment will be paid off when a
developer sells to a builder, or when individual sales of each residential unit. Mr.
Reuwsaat said that the builder will assume responsibility until the lots are sold.
Once the lot is sold, and the impact fee process kicks in, the assessment is paid
with part of those fees. If a home is not bought, the builder is responsible for
paYIng.
Mayor Honea asked about the prorated value of commercial properties and who
pays the fees. Mr. Reader said that the commercial assessment is similar in that
the company who owns the commercial property has to pay the assessment until
they sell it off. When they sell it, it becomes a negotiation between who they sell
it to and the developer so if they sell it with the assessment, they would have to
reflect that in the value when it is bought. If they assume it, they have to pay it.
If the tenants do not want to pay the assessment the commercial property owner
will have to pay it off before they sell off the property.
Council Member Escobedo asked Mr. DeGrood if the impact fees were in place.
Mr. DeGrood said that the impact fees were in place and if property owners were
to payoff their assessment, it would be a credit against the impact fee or the
impact fee proceeds to satisfy the debt. Council Member Escobedo said this will
not off-set the CFD that is currently in place. Mr. Reuwsaat said Phase I of
Gladden Farms is covered by the CFD and is excluded by the improvement
district so they are not double taxing. Council Member Escobedo asked why
there is only one signal light at Lon Adams. Mr. DeGrood said that only one
traffic signal was warranted. Additional lights may be installed at a later date.
Will have to do a separate project with Arizona Department of Transportation to
signalize both sides of the interchange. Council Member Escobedo said that it
seems that Moore and Tangerine Farms Roads will need something soon. He
asked Mr. Reader how to break down the allotment for each of the five different
developers. Mr. Reader said that the methodology being talked about is that it is
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fair and equitable to allocate the capital costs and annual debit service based on
front footage. Council Member Escobedo asked if the property owners are on
board with the improvement district. Mr. Reuwsaat said yes that everyone is a
good partner and stands to benefit from the improvement district. Tangerine
Farms Road will be the mechanism to get residents safely to the interchange.
Council Member Escobedo asked if the construction estimate took into
consideration future costs and inflation on construction materials. Mr. DeGrood
said that a lot of time has been spent looking at the cost figures. The industry
trade journals suggest minimal construction costs over the next year. Council
Member Escobedo said his concern is that with the cost of housing, this would put
more ofa burden home buyers in Marana. Mr. DeGrood said that it is the Town's
expectation that this will not be noticed by the buyer of a home in the benefit area.
Mr. Reuwsaat asked Mr. DeGrood when the contractor will start construction of
the improvement district. Mr. DeGrood answered that it should start in the late
quarter ofthis year, assuming there are no new additions to the project.
Mayor Honea asked if the fees already paid by residents will be rolled into the
fund. Mr. DeGrood said that purchased houses are already exempt.
Council Member McGorray asked what is the estimation to completion. Mr.
DeGrood said that it should take approximately 12 months.
Vice Mayor Kai asked if the cost issuance is a standard rate. Mr. Reader said the
cost is only an estimate at this time, and he will work with the Town to get an
investment grade credit rating and issuance, which will decrease the fees.
Council Member Escobedo asked who will be responsible for CMID or if it will
be underground. Mr. DeGrood answered it will be underground where there is a
crossing of the road, and it is the responsibility of the adjacent landowners to
adhere to any requirements of the Town and CMID for putting any long stretches
of the pipe underground.
Mr. Reuwsaat thanked all involved members for their time and diligence in the
project.
D. ADJOURNMENT
Upon motion by Council Member McGorray, seconded by Council Member Escobedo, the
Council voted unanimously to adjourn. The time was 8:12 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes ofthe Marana Town Council
meeting held on April 25, 2006. I further certify that a quorum was present.
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