HomeMy WebLinkAbout11/07/2012 Regular Council Meeting MinutesREGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, November 7, 2012, at or after 7:00 PM
Ed Honea, Mayor
Patti Comerford, Vice Mayor
David Bowen, Council Member
Herb Kai, 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 7:00 p.m.
Town Clerk Bronson called roll. All Council Members were present.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor
Honea.
APPROVAL OF AGENDA. Discussion to amend the agenda by moving Item D 1 prior to the
Council Action A l. Motion to approve as amended by Vice Mayor Comerford, second by
Council Member McGorray. Passed unanimously.
CALL TO THE PUBLIC. David Morales spoke on behalf of the proposed South Central
Regional Veterans' Cemetery, including access. Ed Stolmaker and JoAnne Westerman from
the Marana Chamber of Commerce presented Mayor Honea with a"Man of the Year" sash
which can be handed down from recipient to recipient each year. Mr. Stolmaker was the 2011
Man of the Yeax.
PROCLAMATIONS
MAYOR AND COLJNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Vice Mayor
Comerford congratulated the many staff, headed up by Community Services Director
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T.VanHook, Melanie Nelson, Addie Martin, JR Burns, Bill Lorefice, Raschel Weinzapfel and
other staff, who participated in the neighborhood cleanup in Honea Heights on Saturday. She
noted that there were about 200 volunteers in total. The Westfall's hosted a barbeque lunch at
their home and served all of the volunteers. On Monday, she and the Mayor and Council
Member McGorray attended a Pima Council on Aging (PCOA) meeting at the senior center on
the various needs of seniors in our area. Today she attended a police multi-housing crime
prevention program. She noted that Officer Lori Shepard and her staff are working hard to bring
value to our multi-housing community which certifies them as safe communities. Vice Mayor
also congratulated Gilbert Davidson and Del Post on their community updates throughout the
community, especially as they relate to our budget and wastewater issues. Council Member
Bowen said that he had taken members of his family to the Pumpkin Patch Festival at Post
Farms and was very impressed with the caliber and abundance of great activities. He intends to
make this part of his fall celebrations in years to come. Mayor Honea reported that he, toa, felt
the neighborhood community clean-up day was very successful and especially helpful to the
residents of the oldest neighborhood in Marana. It really helped a lot of older people who are
unable to do a lot of the heavy lifting necessary to maintain their properties.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Gilbert Davidson reported on the annual tree lighting and holiday festival coming up on
December 1, 2012 from 4-8 p.m. in the courtyard of the Marana Municipal Complex. There will
be a number of community groups performing as well as vendors selling food. The Council will
be doing the tree lighting at about 5:45 p.m., and Miss Arizona 2012 will be the host of the
ceremonies. This weekend the town is hosting the annual Tequila Cup — an aerobatics/air race at
the airport. The airport director is doing a phenomenal job bringing in groups like this to add to
the local economy. November 12 is a staff holiday except for essential services. A study session
is scheduled for November 13 at 6:00 p.m. The Council Executive Report is on the dais, and
there is a highlight of the Veterans' Cemetery included with maps as well as the access issue
identified.
PRESENTATIONS
P 1: Relating to Budget; an update of the Town's financial status of the General Fund for the first
quarter of the 2012-2013 fiscal year. Presented by Erik Montague. This is a preliminary report
of the results for the first quarter of the new fiscal year. The focus will be on the General Fund.
Within the council packet is includeci a Budget in Brief. He focused his discussion on the bid
three revenues — sales taxes, intergovernmental revenues and licenses, permits & fees. All other
revenues comprise about 8% of the budget. He also presented a graph of the year over year
change. For the first three months, contracting sales tax is about 18% lower. We are seeing some
shift in dynamics with this category. Most of the volatility in this area is a result of one large
construction project — the wastewater treatment facility. This is still a manageable category.
Retail is up about 11 % and restaurants are up about 8% with the addition of some new
businesses. For overall collections, we're a little higher year over year, but this is just one
element of the overall health of the budget. For all revenue categories, we're up and this is very
encouraging. Shared revenues — we are about on the mark and could pick up with holiday sales.
The health of the HLTRF fund is good at about 26%, and this is critical for maintaining roadways.
In the category of licenses, permits & fees, overall the category is higher than budget
Meeting Minutes for November 7, 2012 2
expecta.tions. There are other positive signs. For example, single family resident new permits,
and commercial grading permits. Some of the expenditures are lagging due to timing, but he
expects those to come in at budget projections. At least half of the transfers will occur by
December. We're about $2.3M to the good for the period ending in September. Resources have
been set aside for payments as they occur — mostly in December. He responded to a question
from Council Member Bowen on Sales Tax slide for yeax over year collections.
CONSENT AGENDA. Motion to approve by Council Member McGorray, second by Council
Member Bowen. Passed unanimously.
C 1: Relating to Personnel; consideration of amendments to the Town's Personnel Policies and
Procedures, revising Chapter 8- Termination of Employment, Section 8-2-3 "Final Pay Check"
C 2: Resolution No. 2012-081: Relating to Personnel; approving and adopting amendments to
the Town's Personnel Policies and Procedures, revising Chapter 4- Employment Benefits and
deleting Policy 7-2 "Return to Work"
C 3: Resolution No. 2012-082: Relating to Community Development; approving an employee
donation campaign in support of the United Way of Tucson and Southern Arizona for
participation by Town of Marana employees on a voluntary basis
C 4: Resolution No. 2012-083: Relating to development; approving and authorizing the
execution of a development agreement regarding development impact fee credits for the Gladden
Farms II development project
C 5: Resolution No. 2012-084: Relating to Utilities; approving and authorizing the Mayor to
execute the First Amendment to Town of Marana Agreement for Construction of Potable and
Non-Potable Water Facilities and Provision of Water Utility Service for Gladden Farms
C 6: Resolution No. 2012-085: Relating to Real Estate; approving and authorizing the Mayor to
execute a lease and use agreement between the Town of Marana and the Gladden Farms
Community Association for use of the Heritage House at the Marana Heritage River Park
C 7: Resolution No. 2012-086: Relating to Building; approving and authorizing the Mayor to
execute an intergovernmental agreement between the Town of Marana and the Arizona
Department of Fire, Building and Life Safety, Office of Manufactured Housing to enforce
installation standards
C 8: Approval of Minutes for October 16, 2012
Mayor Honea noted that with respect to Item C 3, relating to the United Way, George Kennedy
who is on the executive board for the United Way, is in the audience. He asked Amanda Jones
to explain how the town moved forward with this item. She noted that this resolution is the
implementation of a new voluntary employee campaign. The campaign will be entirely online
and will start November 8 and run through November 21. There will be several options of how
to donate. Dana Doss, the senior vice president for United Way, Tucson and Southern Arizona.
Meeting Minutes for November 7, 2012
He thanked everyone for their support. Over $330M has been contributed to various
organizations over the years. Their goal this year is to collect $1 OM. He then presented the
Mayor with a Live United t-shirt.
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Item D 1. was heard at this time. Gilbert Davidson gave a preview of the Citizens' Forum. This
is the second Forum for this calendar year. He was able to sit in and participate in a couple of
session and had some good dialog and discussion. John Officer was the spokesperson for the
Citizens' Forum reporting group. Mr. Officer presented several slides, sta.rting with the
Reporting Group and Participants for the Fall session. The topic was "how can we manage out
resources."_He then commented on the outstanding job of Mr. Keyes, and magician James
Rogers, the recorder for the session, who put their comments into a semblance of order and
understanding. The group three times as a full group and twice as a reporting group. The group
at the end of the first meeting is that the Council and staff is doing a great job with what we have
right now — especially within the Strategic Plan. A couple of broad suggestions that could be
worked on were Education and Economic Development. The Forum felt that the Town could
partner with career services and do something to acquire one of the four-year universities to have
a campus in this area so that people can go to school in the evenings. Utilize partners that are
already there such as with Marana Unified School District. Regarding economic development,
understanding the current economic limitations - expanding the market presence; how the Town
is advertised. T'here needs to be a tie-in with ADOT and businesses to advertise on the interstate.
Another thing was expanding advertising at the airport.
A 1: Resolution No. 2012-087: Presenta.tion: Relating to Economic Development; adopting the
Marana Job Creation Incentive Program and authorizing the Town Manager to administer it.
Presented by Curt Woody. Two of the five focus areas have specific action strategies to attract
career-oriented commerce. A task force was convened to look at incentives speed up that
process. Two of the six ideas that came to the forefront. One of the ideas will take considerably
more time to develop, so the consensus was to look at something within the existing job creation
program to improve upon. In the past two and a half years, only one company qualified within
this program. He discussed the current elements under Resolution No. 2010-83. The proposal is
to reduce the $2M investment requirement to $1 M, which creates roughly $24K in sales tax
revenue, and reducing the number of permanent jobs from 25+ to 10+ which pay at least $40K.
If they meet those minimum qualifications, they could submit for reimbursement the sales tax
revenue for employee relocation expenses, I-10 corridor beautification, student internship &
training and job training. Added to the I-10 corridor beautification was "main arterial roadways."
A fifth element "sustainable development" was added. This was not added as a way for a
company to throw some solar panels on top of a building and ask for reimbursement. This is for
an entire design concept — if solar is part of that concept — to be it. But it has to do with actual
Meeting Minutes for November 7, 2012 4
costs associated with solar or wind energy improvement, low environmental impact development
and other green industry best practices. One of the reasons this was brought forth is that within
the last 10 years there has been a big push in the industry for LEED certification buildings -
green industry practices is taking off nationally. Council Member McGorray expressed her
enthusiasm for this revision. Council Member Bowen asked how the word is getting out about
this program, to which Mr. Woody responded that there are numerous opportunities to give
presentations within our region — and that is the best way. Mr. Davidson said that this will be
on our website which is dedicated to our business development. Any part�ierships we have, we'll
make sure to provide information to TREO or other state agencies. The Town will put out press
releases to publications within southern Arizona. Mayor Honea asked for color hard copies of
the presentation to Council Members to use when they are out in the community. Council
Member Ziegler asked if anyone else has used this program besides Sargent Controls. Mr.
Woody responded that last week there was a convening of peers in the economic development
world within Central Arizona, which will occur on a monthly basis. He talked to them and said
that none of them are doing this. However, Sargent Controls is the only company that has taken
advantage of this so far. Mr. Davidson stated that shortly after Council approved this policy,
City of Tucson and Oro Va11ey adopted something very similar. She was glad to see that the
limits have come down.
Motion to approve by Council Member McGorray, second by Council Member Post. Passed
unanimously.
A 2: PUBLIC HEARING: Ordinance No. 2012.10: Relating to Development; amending the
Land Development Code Title 16 (Signs) by adding a sign type definition for'Temporary
Qualifying Event Directional Signs' to Section 16-OS-01 and establishing Section 16-14-29
defining standards and regulations for Temporary Qualifying Event Directional Signs, and
establishing an effective date.
Resolution No. 2012-088: Relating to Development; declaring the amendments to the Land
Development Code of the Town of Marana Title 16 (Signs) adding a sign type definition to
Section 16-OS-OI and establishing Section 16-14-29 as a public record filed with the Town
Clerk.
Mayor Honea opened the public hearing. No member of the public asked to speak. Presented by
Brian Varney. He noted that this is a temporary amendment for placement of signs within the
Town's right of way. The purpose is to direct the public to qualifying events such as residential
open houses, garage sales and other commercial and quasi-commercial events that typically take
place in residential neighborhoods. The request includes provisions for non-profit and religious
organizations. The Planning Department has worked extensively with other departments to
control signage. He presented slides showing various types of signs and the types of roads with
and without curbs showing maximum sizes of signs for each type of road and the distance for
placement of signs. Signs would not be allowed in the median areas, such as on Twin Peaks as
well as paver medians. The Planning Commission unanimously recommended approval, and if
Meeting Minutes for November 7, 2012 5
this is approved by Council, it's automatically set up to expire a year from the date that it's
approved. At that time staff would have time to evaluate it and decide whether to come back to
Council and ask for an extension. Mr. Cassidy made a couple of revisions to the ordinance. The
ordinance will actually be effective December 8, 2012. The same issue comes into play with
Exhibit B to the corresponding resolution. It actually sunsets a year after it becomes effective —
December 8�'. Mayor Honea closed the public hearing. There were no questions from Council.
Motion to approve the Ordinance and Resolution with revisions noted by Mr. Cassia�y by
Council Member Bowen, second by Council Member Post. Passed unanimously.
A 3: Ordinance No. 2012.11: Relating to Elections; authorizing the placement of a measure on
the March 12, 2013 Town of Marana primary election bailot for the purpose of voting upon
whether the Town of Marana shall be authorized to acquire and operate the Marana Wastewater
Reclamation Facility and the wastewater facilities, setback areas, access rights, and current and
future sewage conveyance system and service area connected to or associated with it; and
declaring an emergency.
Presented by Frank Cassidy. He noted that this is a re-adoption of an ordinance which Council
approved when they were considering placing this item on the November ballot. Adoption of the
ordinance tonight will allow staff to place this on the March 12, 2013 ballot. It's been tweaked a
bit based on the County's briefing in the Supreme Court.
Motion to approve by Vice Mayor Comerford, seeond by Council Member Bowen. Passed 6-1
with Council Member Kai abstaining due to a conflict of interest.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Presentation: Relating to Boards, Commissions and Committees; discussion and
consideration of recommendations from the Fall 2012 Mazana Citizens' Forum regarding the
Forum topic "managing our local resources". See above.
D 2: Relatin tg o Le�islation 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. No report, although Mayor Honea did note some of the
successful local candidates as a result of last night's election count.
EXECUTIVE SESSIONS
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.
Changed
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 representatives concerning (1)
the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated),
Meeting Minutes for November 7, 2012 6
Maricopa County Superior Court No. CV2008-001131, Arizona Court of Appeals No. 1 CA CV
11 0381; (2) the lawsuit entitled Pima County v. Town o f'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
Changed
FUTURE AGENDA ITEMS. Vice Mayor Comerford asked for an item to be placed on the
next regular Council agenda regarding the option of closing Town Ha11 on December 24, 2012.
Council Member McGorray concurred. Staff will do some due diligence and bring the item
back for discussion at the next regular meeting on November 20, 2012.
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three
or more Council members request that an item be placed on the agenda, it must be placed on the
agenda for the second regular Town Council meeting after the date of the request, pursuant to
Marana Town Code Section 2-4-2(B).
ADJOURNMENT. Motion to adjourn by Vice Mayor Comerford, seeond by Council Member
McGorray. Passed unanimously.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on November 7, 2012. I further certify that a quorum was present
�.._.--
ocelyn nson, Town Clerk
Meeting Minutes for November 7, 2012 7