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Home My WebLink About07/17/2012 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MiNUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, July 17, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, Council Member Caroi 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 '7:10 p.m. Town Clerk Bronson called roll; a11 Council Members were present. PLEDGE OF ALLEGIANCE/Il�iVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Vice 1tlayor Comerford, second by Council Member McGorray. Passed unanimously. CALL TO THE PUBLIC. No speaker cards were presented. PROCLAMATIONS Proclamation for Frank Moreno Mayor Honea noted that Officer Moreno was unable to attend the meeting. The Proclamation is part of the record. MAYOR AND COUNCIL REPORTS: SLi�vIMARY OF CURRENT EVENTS No reports. MANAGER'S REPORT: SUNIlVIARY OF CURRENT EVENTS July 17, 2012 Council Meeting Minutes Mr. Davidson noted that the Council Executive Report for JunelJuly is on the dais. He also reported that the Town and Finance Director Erik Montague and his team once again received the Certificate of Achievement for Excellence in Financial Reporting, the highest award that can be bestowed upon a municipal organization. The Toum has received this award multiple times. Mr. Davidson also reported on an act of kindness to citizens in Marana from the Marana Police Department. He concluded with a brief report on the 4�' of Ju1y celebration with over 15,000 people attending in the Continental Ranch and surrounding area. He thanked many staff members including Adelina Martin, Aifonso Rodriguez, Kelsie Weibe, the Marana Police Department, all the members of the operations team and the parks and lifeguard staff. , PRESENTATIONS P 1: Presentation: Presentation relating to the United Way of Southern Arizona. Presented by Tony Penn, CEO of the United Way. P 2: Presentation: Presentation relating to a Certificate of Appreciation to Comcast for sponsoring the fireworks for the July 4 Star Spangled Spectacular. Mayor Honea presented Comcast representatives with a Certificate of Appreciation for funding the fireworks for this year's 4`�' of July celebration. CONSENT AGENDA. Motion to approve the ConsentAgenda as presented by Council Member Bowen, second by Council Member Ziegler. Passed unanimously. C 1: Resolution No. 2012-055: Relating to Utilities; approving and authorizing the Mayor to execute a one-year extension of the intergovernmental agreement between the Town of Marana. and Pima County for provision of water consumption data and sewer user accou.nt billing services. C 2: Resolution No. 2012-Q56: Relating to Parks and Recreation; approving and authorizing the Town Manager to publish an invitation for bids and to sell the Marana Herita.ge River Park train equipment. C 3: Resolution No. 2012-OSZ Relating to Personnel; approving and adopting amendments to t1�e Town's Personnel Policies and Procedures, revising Ghapter 5- Work Rules, Policy 5-1-4 "Meal Breaks and Rest Breaks" C 4: Relating to Intergovernmental Relations; authorizing the Town Manager and Town Clerk to coordinate with the Oro Va11ey Town Manager and Town Clerk to identify agenda items and set a date, time, and lacation far a joint meeting between the Marana and Oro Va11ey Town Councils. C 5: Approval of minutes for June 26, 2012 Special Council Meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES July 17, 2012 Council Meeting Minutes B l: Relating to Boards, Committees, and Commissions; confirming the appointrnent of Tom Dunn to the Pima County Bond Advisory Committee to represent the Town of Marana. �Iotion to approve by Vice Mayar Comerford, second by Council Member %a� Passed unanimously. COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2012.05: Relating to Development; approving a rezoning of appro�mately 278 acres located northeast of I-10 approximately 1.2 miles northwest of the I-1 OlTangerine Road interchange from `E' (Transportation Corridor Zone) ta `F' (Specific Plan), creating the Tortolita Shadows Specific Plan, and approving a minor a.mendment to the General Plan. Mayor Honea opened the public hearing. Kevin Kish, Planning Director, introduced Brian Varney from the Planning Department to present the item. Mark O'Hare, attorney representing Mary DeConcini, spoke in favor of the rezoning. Mayor Honea closed the public hearing and took Counci� question. Vice Mayor Comerford asked about the candition (# 17) related to a sound impact study. She noted that this has not been required from any development. Mr. Varney responded that this condition was imposed by the Planning Commission which they felt should have been required by other developments in the area. Vice Mayor Comerford stated that until there is an ordinance in effect, she doesn't believe the Council can mandate the condition. Subject to Condition #17 being removed, motion to approve 8y Vice Mayor Comerford, second by Council Member Pos� Passed unanimously. A 2: Ordinance No. 2012.06: Relating to 4ffenses; amending the Marana Town Code Title 11 entitled "Offenses' ; rewriting Chapter 11-7 entitled "Storage of inoperable or junked vehicles' ; adding definitions; clarifying prohibited and permitted storage; designating persons responsible; classifying violations as civil infractions; amending Section 11-9-1 reiating to genera.l penalties; and designating an effective date. Jane Fairall presented the item and noted that this presentation culminated months of ineetings and work that the legal department and the town's code enforcernent team have been working on. The goals were to clarify language, provide a better enforcement tool and to make sure that we are in compliance with state laws. Council Member Kai asked for clarification of the penalties which Ms. Fairall responded to. Motion to approve by Council Member McGorray, second by Cauncil Member Bowen. Passed unanimously. A 3: Ordinance No. 2012.07: Relating to Health and Sanitation; amending Marana Town Code Title 10 entitled "Health and Sanitation"; amending Chapter 10-1 entitled "Transportation and dumping of aggregate material"; adding definitions; classifying various offenses as civil or criminal infractions; adding new section 10-1-3 making it a civil infraction to spill garbage and refuse during transport; rewriting Chapter 10-2 entitled "Maintenance of property" regarding the accumulation of vegetation and refuse and the procedures to compel removal; amending section 10-3-5 to classify violations of Chapter 10-3 entitled "Sewage sludge" as civil infractions; amending section 10-4-7 to classify violations of Chapter 10-4 entitled "Travel reduction code" as petty offenses; deleting Chapter 10-7 entitled "Penalties' ; and designating an effective date Resolution No. 2012-058: Relating to Health and Sanitation; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2012.07 to Marana. Town Code July 17, 2012 Council Meeting Minutes Title 10 "Health and Sanitation," amending Chapter 10-1 entitled "Transportation and dumping of aggregate material," adding definitions, classifying various offenses as civil or criminal infractions and adding new seetion 10-1-3 ma.king it a civil infraction to spill garbage and refuse during transport; rewriting Chapter 10-2 entitled "Maintenance of praperty" regarding the accumulation of vegetation and refuse and the procedures to compel removal; amending section 10-3-5 to classify violations of Chapter 10-3 entitled "Sewage sludge" as civil infractions; amending section 10-4-7 to classify violations of Chapter 10-4 entitled "Travel reduction code" as petty offenses; and deleting Chapter 10-7 entitled "Penalties". Ms. Fairall presented this item and noted that it was also part of the discussions mentioned in the previous item. The majority of the offenses would be civil infractions; right now they're criminal offenses. This is an entire Title cleanup, which she outlined throughout her presentation. The larger work was done in 10-2. Motion to approve by Council 11�ember McGarray, second by Council Member Pos� Passed unanimously. A 4: Relatin tg o Utilities; Appointing a council member or a number of council members to negotiate on the Town of Marana's behalf in the wastewater litigation. Council Member Kai declared a conflict of interest and left the dais. Motion to table this item to the n�zt regular council meeting by Council Member Post, second by Council Member McGorray. Passed 6-0. A 5: Resolution .No. 2012-059: Relating to Utilities; authorizing the Manager to execute an agreement relating to future capacity at the Marana Wastewater Reclamation Facility to provide wastewater treatment for the Arboles Tliejos development project. Council Member Kai declared a conflict of interest and left the dais. Frank Cassidy gave a detailed history of this item, noting that the developer has a sewer service agreement with the county from 2007. It's coming to an end in August. Under normal circumstances, the developer would e�end that with the county. The complication is that under the statute under which the town is operating the wastewater plant, the county can continue to serve a development out in the county with a town plant as long as it has capacity. Last Thursday town staff met with ADEQ to make sure the town understands how the capacity reporting requirements work. The resolution, if approved, will authorize the Town manager to enter into an agreement relating to capacity at the Marana wastewater plant to assure the developer that as they've always planned to have their project served at the Marana piant that they will be able to continue to do that. At some point in the future when they connect, there will be sufficient capacity to serve the development. The only issue that will be addressed in the agreement is a provision of the statute that says if there is sufficient capacity, the county can choose to serve at this location. The sewer service agreement will still be with the county, and it will be the county asking the town to serve and provide capacity. The current agreement ends before the next Council meeting, which is why this item was placed on tonight's agenda. The agreernent will be forthcoming. He then answered questions from Council. Council Member Bowen asked how this will affect the town's capaciry issues. Mr. Cassidy noted that this is one of the things staff has been studying very carefully. Right now the plant is double subscribed on capacity, and it was doubie subscribed on January 3, 2012 when the town took it over. That issue still needs to be addressed with ADEQ. Right now there is less than 300,000 gallons that are flowing into the plant, and it's designed for 700,000 gallons, so there is plenty of physical capacity right now; although subscriptions are at 1.4M. it's a matter of how we report that to ADEQ so that they are not upset with the promises we are making. Council Member Ziegler asked if this developex doesn't come on board in a timely July 17, 2Q12 Council Meeting Minutes manner and there are others coming on in real time to use capacity, do we have to save that capacity for the development. Mr. Cassidy responded that the way the rules work, we simply need to have our plans on the shelf at the time the developer asks far commitment. This is one of the reasons the agreement still needs to be tweaked to make sure that we foliow all the DEQ rules. When sewage starts going into the pipe is when we have to have the physical capacity. Motion to approve by Council Member Bowen, second by Council Member McGorray. Passed 6-0. Added Late A 6: Ordinance No. 2Q12. 08: Relating to Elections; repealing Marana Ordinance No. 2Q12.04, which authorized a special Town of Marana election on November 6, 2012 for the purpose of voting upon whether the Town of Marana shall be authorized to acquire the Marana Wastewater Reclamation Facility cznd the wastewater facilities, setback areas, access rights, and current arad future service area connected to or associated with it. Council Member Kai declared a conflict of interest and left the dais. Presented by Frank Cassidy, who acknowledged coming before Council on June 26, 2012, which was the last meeting before th� deadline to get items on the November 6�' ballot and asking for authorization to do so. Since that meeting, a couple of things have occurred which caused staff to believe that the time element is not quite as critical, and because the time for taking it off the ballot is in early August, sta.ff thinks it makes more sense to wait and go forward on either the March of May 2013 ballot depending on what happens with the court cases. Motion to approve by Council Member McGorray, second by Council MemBer Bowen. Passed 6-� Added Late A 7: Resodution No. 2012-060: Relating to Elections; repealing �Zesolution No. 2012-54, which authorized the special ?'own of Marana election on November� 6, 2012 to be conducted not as a mail ballot edeetion. Council Member Kai declared a conflict of interest and left the dais. Presented by Frank Cassidy as a related item to A 6 above. Council previously voted to hold future Council elections by all mail ba.ilot. However, having an item on a consolidated ballot on Navember 6 would have precluded using the ballot by mail format. Thus, Resolution No. 2012- 54, which aliowed for a polling place election, can be repealed due to removing the special iter� from the November 6, 2012 ballot. Motion to approve by Council Member Post, seconu� by= Couneil 11�ember Bowen. Passed 6-0. Added Late ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Communi , Development; discussion and direction regarding planning and preparation for the 2012 Founders' Day event. Presented by Del Post who introduced Teri Murphy, community coordinator for this year's Founders' Day event. Ms. Murphy gave an overview of the dates and activities for the upcoming signature Founder's Day event entitled the Marana's Fa11 Fest. Under the umbrella of the Strategic Plan, staff made an additianal step toward having a community-driven event. T'he planning committee is taking a lead role and the staff is taking more of a support role. She thanked her committee, and noted that many of the familiar events will still be taking place, and a few new things will be added. The event is, scheduled for October 26-28, 2012. T'he Western Herita.ge Committee will be sponsoring a farm July 17, 2012' Council Meeting Minutes and tractor expo. Marana Middle School will be hosting a AYHO soccer tournament. Marana Health Center will be hosting an art show and art. Boondocking will also be part of this year's event, where people can come and camp out to take advantage of all of days' events. Also on the agenda is turning Marana Main Street beginning at the Marana Municipal Complex, into a street fair. Council Members supported Teri's enthusiasm and made commitments to help out. Council Member Ziegler did express some concern as to changing the date from March to October because there are so many town and regional events competing with Founder's Day in October. She felt attendance was down last year because of that competition, and is wondering if anyone is considering moving the event back to March. Council Member Post noted that moving the event back to the spring would give Council Members an opportunity to educate citizens on wastewater issues. Ms. Murphy responded that the committee is committed to putting on a great event regardless of the challenges, and if Council wants to give the committee authorization to hold the event in other than October, the committee will go with it. Council Member Bowen asked if she could take some of the concerns and thoughts of Council back to the committee and see what they thought. She agreed to do sa D 2: Relatin� to Development; discussion and direction regarding the Honea Heights Neighborhood Redevelopment Project. Presented by T. VanHook, who gave an update on the status of the project. This project started in 2006 after the Council identified affordable housing as an item to pursue. Currently, the town is sitting with a completed specific plan and a preliminary plat and development plan which has been partially reviewed but awaiting capacity on the wastewater issue. In 2009 the county committed general obligation bond funds for affordable housing and HOME funds to be distributed over a two-year period for the project. After e�ensive negotiations with the county there are still no IGA's on those funding commitments. Last year after receiving the letter from Pima County stating that that there was not wastewater capacity to commit to the project and being unable to move forward to final plat, town staff notified the Home Loan Bank of San Francisco that the town would not be able to use the funding allotted by thern in the amount of time provided under the grant guidelines and returned the funding award and asked that the town be allowed to reapply at a time when town staff felt they could move forward rapidly and meet the requirements under the affordable housing program established by the federal home loan bank system. At this time the work that has been done is at a standstill, and some studies will need to be repeated. Staff's recommendation is to shelve the existing specxfic plan until the town is ready to move forward with the project and reapply for funding. The county through various mechanisms has given the town one year to secure the wastewater capacity, reapply and receive funding from federal sources and enter into IGA's withPima County prior to recommending that those general obligation funds be reallocated to another project. The town is about four-five months into that one-year period, and there doesn't appear ta be much movement. Staff's opinion is that returning the funds gracefully rather than having the Board vote to remove them from us might give us a better chance in the future of getting funding should any general obligation funds come up for voter approval in the future. D 3: Relatin tg o Le i� slation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies. Mr. Davidson reported no activity. July 17, 2012 Council Meeting Minutes EXECUTIVE SESSIONS E l: Executive Session pursuant to A.R.S. §38-431.03 (A)(1) for discussion, consideration and evaluation of the performance of Town Manager Gilbert Davidson E 2: Executive session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), for discussion or consultation with the Town's attorneys and to instruct the Town's representa.tives concerning (1) the lawsuit entitled Town of Marana v. Pima CountyiPima County v. Marana (consolidated), Maricopa County Superior Court No. CV2Q08-001131, A�izona Court of Appeals No. 1 CA CV 11 03 81; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3) 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), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. �i�i . �1�T=��1��`! Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Mar�a Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT. Motion to adjourn at 8:42 p.m. by Council Member Post, second by Council Memb�er McGorruy. Approved unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July I7, 2012. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk �a,.,, _ July 17, 2012 Council Meeting Minutes