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HomeMy WebLinkAbout05/24/2011 Special Council Meeting Minutes Yi MY_ MARANA =/ SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 24, 2011, at or after 6:00 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 SPECIAL COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:01 p.m. Town Clerk Bronson called rolled. Council Member Clanagan was excused. There was a quorum present. PLEDGE OF ALLEGIANCE /1NVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion moved by Council Member Comerford to approve the agenda by moving Item Al to follow approval of the agenda, second by Vice Mayor Kai. Motion carried unanimously. CALL TO THE PUBLIC Mayor Honea welcomed newly elected Council Member Bowen. He also thanked the public for giving him the opportunity to serve them for another 4 years and pledged to do his best for the community. Council Member Ziegler also welcomed Council Member Bowen and thanked the community for allowing her to serve another 4 year term. Council McGorray and Vice Mayor Kai welcomed Council Member Bowen. Vice Mayor Kai also reported that Russell Clanagan recently had back surgery and is well and recovering. Council Members Comerford and Post congratulated Mayor Honea and Council Member Ziegler on their re- election and welcomed newly elected Council Member Bowen. Council Member Bowen thanked all the Council Members for their kind words, noting that he cannot think of a better group of people to work with. He also thanked the community for giving him the privilege of serving them. PROCLAMATIONS PRESENTATIONS 1 May 24, 2011 Council Meeting Minutes CONSENT AGENDA LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding special event liquor license applications submitted by the American Diabetes Association for fundraiser events at Harley- Davidson located at 7355 N. I -10 EB Frontage Road Town Clerk Bronson noted that the applications were in order and that staff has recommended Council approval. Motion moved by Council Member Post, second by Council Member Comerford to approve. Motion carried unanimously. BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. GFCFD 2011- 01. [Marana Town Council acting as the Gladden Farms Community Facilities District Board of Directors]: A Resolution of the District Board of Gladden Farms Community Facilities District, a Community Facilities District of Arizona, approving a tentative budget for fiscal year 2011 -2012 pursuant to ARS §48 -716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law B 2: Resolution No. GFCFD2 2011 -01: [Marana Town Council acting as the Gladden Farms (Phase II) Community Facilities District Board of Directors]: A Resolution of the District Board of Gladden Farms (Phase II) Community Facilities District, a Community Facilities District of Arizona, approving a tentative budget for fiscal year 2011 -2012 pursuant to ARS §48 -716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law B 3: Resolution No. SSCFD 2011 -01: [Marana Town Council acting as the Saguaro Springs Community Facilities District Board of Directors]: A Resolution of the District Board of Saguaro Springs Community Facilities District, a Community Facilities District of Arizona, approving a tentative budget for fiscal year 2011 -2012 pursuant to ARS §48- 716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all 2 May 24, 2011 Council Meeting Minutes other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on' general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law Items B. 1, B 2, and B 3 were taken as one item. Presented by Erik Montague. Mr. Montague noted that these resolutions incorporate the statutory requirement to prepare and compile estimates of expenses and revenues adequate to meet the funding obligations for the various districts. The Community Facilities districts provide for the operations and maintenance costs associated with any infrastructure that has been acquired for those districts as well administration and various overhead costs that are attributable to those programs. Mr. Montague stated that if these resolutions are approved, a separate notice will be published for each district providing the notice date for the public hearing of adoption of the final budget, as required by statute. Motion to approve moved by Board Member Post, second by Board Member McGorray. Motion carried unanimously. B 4: Resolution No. VFCFD 2011 -01: [Marana Town Council acting as the Vanderbilt Farms Community Facilities District Board of Directors]: A Resolution of the District Board of Vanderbilt Farms Community Facilities District, a Community Facilities District of Arizona, approving a tentative budget for fiscal year 2011 -2012 pursuant to ARS §48 -716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law Chairman Honea stated that this piece of property it has been an eyesore for the past two years and he hopes that some of the funds being requested will be used to keep the property maintained. Erik Montague stated that the maintenance concern could be answered by Mr. Kish and noted that this piece of property is in some sort of formal process with the bank. Board Member Post expressed concern that if the property is in a bank process why are they requesting money and where is that money going. Kevin Kish stated that the Vanderbilt Farms Community Facilities District covers a very large area and he believes that the property Chairman Honea is referring to only a portion of this district, or Farm Field Five. He noted that Nicholas Homes started to develop Farm Field Five and then lost the rest of it and is now to sell those existing remaining homes. The balance of the property has been picked up by another group who has started to 3 May 24, 2011 Council Meeting Minutes manage the project better and he has already seen some work begin on that property. Board Member McGorray asked if this CFD was only for Farm Field Five. Mr. Kish stated that this CFD pertains to all of Vanderbilt Farms and not just Farm Field Five. Mr. Davidson reported that town staff performed a large amount of cleanup work on the Farm Field Five property as a public service to help the existing neighbors who have bought into that property. Board Member Comerford stated that while she appreciated town staff cleaning this property up that it is the responsibility of the property owner to do so. Board Member Ziegler also asked why the property owner was not taking responsibility in cleaning up the property and noted that they are asking for a great deal of money. Mr. Davidson noted that the town's involvement in the cleanup was a public safety concern. Mr. Davidson also stated that the homes in this property are disconnected from the land, in other words, the house and the land it sits on are owned by two different entities. He believes that as the bank and debt issues are resolved there may be payback opportunities from those residents or new HOA later down the road. Mr. Kish stated that we do have a cash bond from the developer on the project and if we don't have resolution of any of the bills we will use that bond. Motion moved by Board Member Post, second by Board Member McGorray, to approve the resolution to include that for any issuing of bonds that ownership be clarified and that an exact outline of what the money will be going towards be provided Motion carried unanimously. COUNCIL ACTION A 1: Resolution No. 2011 -54: Relating to Elections; adopting the results of the general election held on May 17, 2011 Motion to approve the results of the general election moved by Council Member Comerford, second by Council Member Post. Motion carried unanimously. Town Clerk Bronson presented certificates of election to the newly elected Mayor and Council Members and administered their loyalty oaths. Mayor Honea and Council Members Ziegler and Bowen then took the dais. A 2: Resolution No. 2011 -55: Relating to Budget; adopting the fiscal year 2011 -2012 tentative budget Presented by Erik Montague. Mr. Montague noted that various information has been provided to Council at over a series of study sessions. Council Member Ziegler asked for clarification regarding contingency funds and on the town's reserve. Mr. Montague stated that contingency funds are established for unanticipated things that may occur and that use of contingency funds must be approved by Council. Mr. Davidson stated that because the town has been so conservative in its budget process and has a high level of reserves we are able to complete projects, such as the Twin Peaks Interchange project, seamlessly. Council Member Bowen asked for clarification on the contingency line item. Mr. Montague stated that the contingency it is a line item in the budget every year and that none of it has been used in the current year. It provides for additional capacity if needed and there is no statutory requirement to maintain a certain amount in the contingency. Mayor Honea asked if the town incorporated capacity for possible 4 May 24, 2011 Council Meeting Minutes purchases of Tucson Water infrastructure. Mr. Montague stated that he is confident that the town has adequate expenditure authority to reallocate resources to allow for that to occur. A copy of the presentation is available for viewing in the Town Clerk's Office. Motion to approve moved by Council Member McGorray, second by Council Member Post. Motion carried unanimously. ITEMS FOR DISCUSSION /POSSIBLE ACTION EXECUTIVE SESSIONSE 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 FUTURE AGENDA ITEMS ADJOURNMENT Mayor Honea announced a reception in the lobby at the conclusion of the meeting to welcome Council Member Bowen. Motion to adjourn moved by Council Member McGorray, second by Council Post at 6.52 p.m. Motion carried unanimously. CERTIFICATIONI hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 24, 2011. I further certify that a quorum was present. � Ile ®®�rrr�ro OF ocel . Bronson, Town Clerk ,�r�� j� a C- nitpo ;SEAL ilia- 5 May 24, 2011 Council Meeting Minutes