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Home My WebLink About06/21/2011 Regular Council Meeting Minutes W t M w y~ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 21, 2011, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:01 p.m. All Council Members were present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion to approve moved by Council Member McGorray, second by Council Member Ziegler. Motion carried unanimously. CALL TO THE PUBLIC David Morales spoke regarding the wastewater issue and the County's five by five plan. PROCLAMATIONS The Proclamations were read by Ms. Bronson and presented by the Mayor. The Mayor further commented on his long- standing personal relationship with Billy and gave some anecdotal remarks. Mr. Schisler thanked Council for their tribute and their leadership in continuing to grow Marana responsibly. Billy Schisler Proclamation Parks and Recreation Month Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray reported on a meeting she attended to get rail service between Tucson and Phoenix. 1 June 21, 2011 Council Meeting Minutes Council Member Comerford thanked everyone for their condolences on the death of her father June 12th, former Council Member Jim Blake. Mayor Honea reported on the annual meeting of CAAG in Payson which he and Gilbert Davidson attended Friday and Saturday. CAAG is one of the Council of Governments in Arizona. He stated that it was a great event, and noted they are very supportive of Marana. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reminded Mayor and Council, staff and the public that Imagine Greater Tucson is hosting an event at Twin Peaks Elementary School Wednesday night from 6:00 to 8:30 p.m. Imagine Greater Tucson is a regional effort to look at visioning for our greater community and the impacts of regional planning. Any and all are welcome to attend. In response to a question from Council Member Ziegler, Mr. Davidson said that Keri Silvyn, an attorney with Lewis & Roca, is spearheading the effort as a result of a similar process in Utah. PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Post, second by Council Member Ziegler. Motion carried unanimously. C 1: Resolution No. 2011 -59: Relating to Employment; approving and authorizing the Mayor to execute a Second Amendment to Employment Agreement with Town Manager Gilbert Davidson C 2: Resolution No. 2011 -60: Relating to the Police Department; approving and authorizing the Town Manager to execute a Grant Agreement (HT20 -10 -1711) with the City of Tucson to receive funding under the High Intensity Drug Trafficking Area Grant Program C 3: Resolution No. 2011 -61: Relating to the Police Department; approving and authorizing the Town Manager to execute a Grant Agreement (HT21 -11 -1711) with the City of Tucson to receive funding under the High Intensity Drug Trafficking Area Grant Program C 4: Ordinance No. 2011.14: Relating to Administration; amending Marana Town Code Title 3 "Administration," amending section 3 -1 -3, deleting section 3 -2 -13 and renumbering section 3 -2 -14; removing the position of police commander from the town's unclassified service C 5: Resolution No. 2011 -62: Relating to Community Development; approving and authorizing an intergovernmental agreement with the Regional Transportation Authority of Pima County for the sharing of costs involved in the design and construction of bus shelters and related infrastructure within the Town of Marana C 6: Resolution No. 2011 -63: Relating to Community Development; approving and authorizing an intergovernmental agreement with the University of Arizona College of 2 June 21, 2011 Council Meeting Minutes Architecture and Landscape Architecture for the design and construction of bus shelters within the Town of Marana C 7: Minutes of the April 19, 2011 regular meeting and the June 7, 2011 regular meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series #4 (Wholesale) liquor license application submitted by Bryant S. West on behalf of Cordon Distributors located at 6260 N. Travel Center Drive, Ste K -3 Ms. Bronson informed Council that the applicant had requested to have the item withdrawn from consideration at this time as he is planning to amend the application with the state liquor board. Staff will bring the item back for consideration at a future date. BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2011 -64: Relating to Boards, Commissions and Committees; re- appointing Gary Davidson, Scott Mundell and Marsha Johnson Regrutto to the District Board of the Dove Mountain Resort Community Facilities District Ms. Bronson noted that staff is recommending approval Motion to approve moved by Council Member Post, second by Council Member McGorray. Mayor Honea raised the issue with Council that the Dove Mountain/Redhawk Canyon CFDs are the only CFDs within the town where citizens — and not the Council acting as the Board of the CFD — can authorize bonds. Council Member Ziegler asked if there had been an incident or a reason to be concerned. Mayor Honea noted that to date there has been no problem; he just wanted Council to be aware of that situation. Mr. Davidson noted that this action is necessary tonight to approve the appointments to fulfill requirements under state law. If a change needs to be made, staff will come back to Council with a recommendation. Motion carried unanimously. B 2: PUBLIC HEARING: Resolution No. GFCFD 2011 -02: [ Marana Town Council acting as the Gladden Farms Community Facilities District Board of Directors]: A Resolution of the District Board of the Gladden Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms Community Facilities District for the fiscal year beginning July 1, 2011 and ending June 30, 2012 Chairman Honea opened the meeting for public hearing. Presented by Erik Montague, who noted that the tentative budget was brought before Council on May 24, 2011, which was approved. In accordance with statute, proper notice was given of the public hearing. After hearing comments, the Board is asked to approve the final budget which establishes the overall budget of $1,834,440. In relation to that will be the establishment of a levy, a secondary property tax of $2.80 attributable to each $100 of assessed valuation. That will incorporate $2.50 for debt service and $.50 for operations and maintenance. Mr. Montague noted that the overall budget has had only a modest increase over the previous year. After questions from the Board, Chairman Honea closed the public hearing. 3 June 21, 2011 Council Meeting Minutes Motion to approve moved by Board Member McGorray, second by Vice Chairman Kai. Motion carried unanimously. B 3: PUBLIC HEARING: Resolution No. GFCFD2 2011 -02: [Marana Town Council acting as the Gladden Farms (Phase II) Community Facilities District Board of Directors]: A Resolution of the District Board of the Gladden Farms (Phase 11) Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms (Phase II) Community Facilities District for the fiscal year beginning July 1, 2011 and ending June 30, 2012 Chairman Honea opened the meeting for public hearing. Presented by Erik Montague, who noted that the tentative budget was brought before Council on May 24, 2011, which was approved. In accordance with statute, proper notice was given of the public hearing. In anticipation of adoption, it is included in the recommendation to maintain a $30 maintenance and operation levy to defray the costs of the district. Staff is not anticipating any significant change to this CFD. Chairman Honea asked for questions. Hearing none, he closed the public hearing. Motion to approve moved by Board Member Ziegler, second by Board Member Post Motion carried unanimously. B 4: PUBLIC HEARING: Resolution No. SSCFD 2011 -02: [Marana Town Council acting as the Saguaro Springs Community Facilities District Board of Directors]: A Resolution of the District Board of the Saguaro Springs Community Facilities District, Pima County, Arizona, approving the final budget for the Saguaro Springs Community Facilities District for the fiscal year beginning July 1, 2011 and ending June 30, 2012 Chairman Honea opened the meeting for public hearing. Presented by Erik Montague, who noted that the tentative budget was brought before Council on May 24, 2011, which was approved. In accordance with statute, district staff provided proper notice of the public hearing. Within the final budget, it does provide for the capacity for the issuance of debt but not the authority to issue that debt. District staff would be required to come back before the Board to present items related to the budget. This budget does establish a levy of $30 for operations and maintenance for costs attributable to maintain the district. There being no comments from the public or the Board, Chairman Honea closed the public hearing. Motion to approve moved by Vice Chair Kai, second by Board Member Bowen. Motion carried unanimously. B 5: PUBLIC HEARING: Resolution No. VFCFD 2011 -02: [Marana Town Council acting as the Vanderbilt Farms Community Facilities District Board of Directors]: A Resolution of the District Board of the Vanderbilt Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Vanderbilt Farms Community Facilities District for the fiscal year beginning July 1, 2011 and ending June 30, 2012 4 June 21, 2011 Council Meeting Minutes Chairman Honea opened the meeting for public hearing. Presented by Erik Montague, who noted that the tentative budget was brought before Council on May 24, 2011, which was approved. In accordance with statute, district staff provided proper notice of the public hearing. The budget before the Board would continue or maintain a levy of $30 per $100 of assessed valuation to maintain the district. As of now, there is no outstanding debt or no bonds have been issued for this district. This budget does provide the capacity for future debt issuance but not the authority to issue the debt without coming back to the Board. There being no comments from the public or the Board, Chairman Honea closed the public hearing. Board Member Bowen asked what is happening as far as sorting out the ownership issues on this development. Mr. Montague responded that staff has been in various discussions with some of the organizations that own pieces of that. Staff is furthering those discussions to maintain the properties. Motion to approve moved by Board Member Ziegler, second by Board Member McGorray. Motion carried unanimously. COUNCIL ACTION A 1: Ordinance No. 2011.15: Relating to Building; adopting the building plan review and building permit fee schedule and fee calculation method; and designating an effective date Presented by Keith Brann, noting that this also relates to the next item on the agenda. He reviewed the ordinance brought forward tonight, noting that is was basically a cleaned up version of what was brought before Council last year. He explained the building fee process and the method of calculation based on a variety of components. He noted that one of the items staff is looking to adjust is the required publication. The International Code Council publishes fees changes twice a year. For most of the town's fees, staff would prefer to do that only once a year, which gives staff as well as the homebuilding industry more certainty that fees won't be changed twice annually. So the ordinance will incorporate having to change the fee only once a year, using the February valuation and implement at the fiscal year — kind of how impact fees are done. Another check is against building averages with a regional variance. Staff will be asking to drop that because it's statistically insignificant and use national averages instead. The final change is to adjust the lower tiered permit costs up to $50 and catch up to the current valuations at the $25K level. Resolution No. 2011 -65: Relating to Building; declaring the building plan review and building permit fee schedule and fee calculation method as a public record filed with the Town Clerk Motion to approve Ordinance No. 2011.15 and Resolution No. 2011 -65 moved by Council Member McGorray, second by Council Member Bowen. Motion carried unanimously. A 2: Ordinance No. 2011.16: Relating to Finance; adopting the amended Town of Marana Comprehensive Fee Schedule and designating an effective date 5 June 21, 2011 Council Meeting Minutes Presented by Erik Montague, who began with a brief overview and also in conjunction with the previous item. This item is the third comprehensive effort since the fee schedule was instituted. The overarching goal is cost - recovery and making sure the public as well as businesses are getting the level of service they expect. This process began with department level reviews this spring. Some fees were changed and some were eliminated or stayed the same. SAHBA and MPA were invited to review the recommendations from a practical application standpoint. Staff is working with the MPA to establish some next steps that they have for the next major update. For the sake of consistency with the item just heard, Mr. Montague asked that if the item moves forward, that the effective date be modified to be the 31" day after adoption because of the possible concerns of implementing in the middle of a week. Resolution No. 2011 -66 Relating to Finance; declaring the amended Town of Marana Comprehensive Fee Schedule as a public record filed with the Town Clerk Motion to approve Ordinance No. 2011.16 and Resolution No. 2011 -66 with the recommended change moved by Council Member Ziegler, second by Council Member McGorray. Motion carried unanimously. A 3: Resolution No. 2011 -67: Relating to Personnel; approving a salary schedule for classified employees for fiscal year 2011 -2012 Presented by Suzanne Machain who noted this was her annual request. There were a handful of title changes, no salary changes and one grade change. Council Member Ziegler asked about the position of "Commander," which Ms. Machain noted had been removed. The Police Captain on the classified salary schedule replaces the Commander position. The Commander position was more general. The Captain position is more descriptive of the ranking between Chief and Lieutenant. Motion to adopt moved by Council Member McGorray, second by Council Member Ziegler. Motion carried unanimously. A 4: Resolution No. 2011 -68: Relating to Personnel; approving a salary schedule for temporary employees for fiscal year 2011 -2012 Presented by Ms Machain, who noted that there were no changes to the schedule — it remains as it did last year. This is a formal request for adoption for the new fiscal year. Motion to approve moved by Council Member Post, second by Council Member Comerford Motion carried unanimously. A 5: PUBLIC HEARING: Resolution No. 2011 -69: Relating to Budget; adopting fiscal year 2011 -2012 final budget Presented by Erik Montague. If approved, this is the final step in the process for the beginning of a new fiscal year. This measure would formally allow the town to adopt a budget of just under $127M, roughly 25 percent less than it was in the previous fiscal year. David Morales addressed Council regarding whether there is anything in the new 6 June 21, 2011 Council Meeting Minutes budget to build a new road in Marana Estates. Mr. Montague addressed this question by noting that a comprehensive five -year capital improvement plan. The specific project has not been identified within the funding cycle as far as next year's funding level. Staff has been working very closely with the neighborhood to identify strategies to identify a solution to them. Depending on the outcome, that would drive any change to reallocate any existing authorization. Mr. Morales noted that the question had been answered. However, he started quoting an article he wrote for the Marana Weekly. Mayor Honea asked that Mr. Morales' comments be confined to the question asked and answered and not to editorialize. Mr. Davidson addressed Council, noting that staff has been working on this issue since it was raised. The capital improvement project budget was completed when the issue of building a new road was put forth for Council consideration by the neighbors. There is some question as to whether a new road is the correct option to mitigate the neighborhood concerns. Once a thorough evaluation of the situation has been conducted with staff and the neighbors, staff will bring this issue back to Council for further discussion. Council Member Comerford asked that this issue be addressed as quickly as possible. Mr. Davidson responded that a considerable effort is being made to do that. On a separate note, Council Member Ziegler stated that staff did not get raises again this year, many of whom deserved them based on performance, and that is one of the reasons the town is fiscally sound. Mayor Honea declared the public hearing closed. Motion to approve the FY 2011 -12 budget moved by Council Member Post, second by Vice Mayor Kai. Motion carried unanimously. A 6: Relating to Mayor and Council; selection of Vice Mayor Presented by Ms. Bronson, who noted that the Town Code provides for the selection of the Vice Mayor after each regular general election of the Council. Council Member Kai was selected to serve as Vice Mayor for a two -year term on June 16, 2009, and his term has expired. It is Council's pleasure to re- appoint or appoint a member of the Council as Vice Mayor for a two -year term ending June 30, 2013. Vice Mayor Kai moved to nominate Council Member Comerford to serve as Vice Mayor, second by Council Member Post. Motion carried unanimously. Mayor Honea noted that Council Member Kai has been a personal friend as well as Vice Mayor for many years and thanked him for his service to the town. ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Legislative /Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies There were no items for discussion. 7 June 21, 2011 Council Meeting Minutes EXECUTIVE SESSIONS Mayor Honea called for a motion to go into executive session on Items E 2 and E 3. Motion to go into executive session on Items E 2 and E 3 moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously.. Council left the dais at 8:13 p.m. Council returned to the dais at 9:08 p.m. 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- 001 1 3 1, (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)(3) and (4), discussion or consultation with the town's attorneys for legal advice and to consider the town's position and instruct its attorneys regarding Marana's application for a Pima Association of Governments 208 amendment Frank Cassidy asked for a motion from Council to proceed as directed in executive session. Motion moved by Council Member Post, second by ice Mayor Comerford Council Member Kai was excused Motion carried 6 -0. FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Vice Mayor Comerford. Motion carried unanimously 6 -0. The meeting was adjourned at 9:08 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on J ne 21, 2011. I further certify that a quorum was present. celyn C. ronson, Town Clerk `� um� OR �O cpR�oorf', S EAL vn �' I l 2 '�g'f� ��1111111�� 8 June 21, 2011 Council Meeting Minutes