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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 MINUTES OF MARANA STUDY SESSION MARANA MUNICIPAL COMPLEX 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 MINUTES OF MARANA STUDY SESSION 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. MINUTES OF MARAN A STUDY SESSION MARANA MUNICIPAL COMPLEX APRIL 25, 2006 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. MINUTES OF MARANA STUDY SESSION MARANA MUNICIPAL COMPLEX APRIL 25, 2006 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 MINUTES OF MARANA STUDY SESSION MARANA MUNICIPAL COMPLEX APRIL 25, 2006 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. ~\"un"'I~ ~ OF M..j ~ ~. ~ ~ ~\\'"'''''''' ~ -. ~ s ~-~ ~"'9-t.~ ~~fCQ~TE\~~ = = EAL= - ..... ~ ;:: - ~ 0::,8 ~ ~ ~~,.: ., s ~ ~llllm"\\\!.A ~ ~-1AIZ '\91'~ ~;Iil&ill\\\~