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Home My WebLink About01/15/2013 Regular Council Meeting Minutest pW N OF 1 '7 � vMRqq� qR►ZONP REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 15, 2013, 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 7:01 p.m. Town Clerk Bronson called roll. Council Member Post was excused; there was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Vice Mayor Comerford request item C3 be removed from the agenda. Motion to approve the agenda as amended by Vice Mayor Comerford, second by Council Member �ai. Passed unanimously 6-0. CALL TO THE PUBLIG There were no calls to the public. PROCLAMATIONS MAYOR AND COITNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Mayor Honea reported on the Governor's State of the State address in Southern Arizona. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson recognized Vince Lorefice and Fleet Services for the Town receiving their sixth consecutive Automotive Service of Excellence Blue Seal Shop Certification. To qualify for this award, at least 75% of the staff within fleet services has to be certified. T'he Town team is 100% certified and two staff have a master certification and a number of other specialty certifications in addition to that. Out of nearly 150 fleet services across Arizona, the Town of Marana is in the top 10 who have Meeting Minutes for January 15, 2013 Page 1 of 5 reached this designation. He noted that other jurisdictions within the region have reached out to us, wanting to learn how we manage our fleet and even have their fleet services brought in under ours. We received another award — the 2012 Engineering Excellence Judge's Choice Award for the I- 10/Twin Peaks Traffic Interchange to the Town of Marana and the Department of Transportation. This is a great tribute to a11 staff who worked within the capital improvement and public works departments. Congratulations to them as well. PRESENTATIONS CONSENT AGENDA . Motion to approve the Consent agenda items Cl, C2, C4 and CS by �ce Mayor Comerford, second by Council Member McGorray. Passed unanimously 6-0. C 1: Resolution No. 2013-001: Relating to Intergovernmental Relations; adopting a 2013 Town of Marana legislative program and authorizing those engaged to lobby on behalf of the Town of Marana to represent and pursue it. G 2: Resolution No. 2013-002: Relating to Elections; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pima County on behalf of the Pima County Recorder for election services C 3: Resolution No. 2013-003: Relating to regional participation; recognizing the Imagine Greater Tucson document "Looking Forward: Vision for a Greater Tucson Region." C 4: Resolution No. 2013-004: Relating to Real Estate; approving and authorizing the Town Manager to execute a District Office Lease agreement between the Town of Marana and Representative Ann Kirkpatrick of the U.S. House of Representatives C 5: Approval of minutes for December 18, 2012 Regular and Special, December 27, 2012 Special and January 4, 2013 Special Meeting. LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Joseph Hentges on behalf of the Rotary Club of Marana-Dove Mountain for an event to be held at the Stardance Event Center on March 16, 2013 at 5:30 p.m. Ms. Bronson noted that the application had been properly reviewed and recommended approval. Motion to approve by Council 1�fember Bowen, second by Vee Mayor Comerfora� Passed unanimously 6-0. L 2: Relating to Liquor Licenses; recommendation to the Arizona state liquor board regazding an application to add sampling privileges to the existing liquor license at Sprouts Farmers Market #21, 3860 W. River Road. Ms. Bronson noted that the application had been properly Meeting Minutes for January 15, 2013 Page 2 of 5 reviewed and recommended approval. Motion to approve by Council Member McGorray, second by Council Member Bowen. Passed unanimously 6-0. BOARDS, COMMISSIONS AND COMMITTEES. Mayor Honea noted that for these two items, the Council would be sitting at the District Board. B 1: Resolution No. GFCFD 2013-01 A Resolution of the District Board of the Gladden Farms Community Facilities District, Pima County, Arizona, approving and authorizing the Chair of the District Board or the District Manager to execute all legal instnunents necessary or prudent to document, authorize, and consent to the assignment and assumption of developer rights, title, interest, and responsibilities relating to the Gladden Farms Community Facilities District from and by Gladden Forest LLC and its related entities to and by Gladden 22-24 LLC and Gladden Phase I LLC and their related entities. Mr. Cassidy noted that this is one of four items on the Council agenda that relates to the same circumstance. The Forest Cities entities are selling Gladden Farms I and II to entities controlled by Petrus Partners, an investment group out of New York City. Motion to approve by Board Member Bowen, second by Board Member Kai. Passed unanimously 6-0: B 2: Resolution No. GFCFD2 2013-01: A resolution of the District Board of the Gladden Fatms (Phase II) Community Facilities District, Pima County, Arizona, approving and authorizing the Chair of the District Board or the District Manager to execute all legal instruments necessary or prudent to document, authorize, and consent to the assignment and assumption of developer rights, title, interest, and responsibilities relating to the Gladden Farms (Phase II) Community Facilities District from and by FC/M Gladden II LLC and its related entities to and by Gladden Phase II LLC and its related entities. Mr. Cassidy noted that this is similar item to GFCFD 2013-01, although the entities are different. �Yfotion to approve by Board Vice Chair Comerford, second by Board Member McGorray. Passed unanimously 6-0. C��1�J�C�l�1.1�11 ��1 A I:PUBLIC HEARING: Relating to Alternative Expenditure Limitation (Home Rule Option) Resolution No. 2013-005; Relating to Alternative Expenditure Limitation; proposing an extension of the alternative expenditure limitation for the Town of Marana. Mayor Honea o�ened the public hearing. Presented by Erik Montague who noted this item was presented previously on December 18 as the first of two public hearings. Council is asked to approve this resolution, authorizing the alternative expenditure limitation. This is important to all communities, especially small communities so that priority spending is given local cantrol. Mayor Honea closed the public hearing. tblotion to approve by Council 11�ember McGorray, second by Council Member Bowen. Passed unanimously 6-0. Meeting Minutes for January 15, 2013 Page 3 of 5 A 2: Resolution No. 2013-006: Relating to Development; approving and authorizing the Mayor or the Town Manager to execute all legal instruments necessary or prudent to document, authorize, and consent to the assignment and assumption of developer rights, title, interest, and responsibilities relating to the Gladden Fartns project from and by Gladden Forest LLC and its related entities to and by Gladden 22-24 LLC and Gladden Phase I LLC and their related entities. Presented by Mr. Cassidy as one of the four resolutions involving Gladden Farms; however, this is relating to the Town of Marana's contracts. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously 6-0. A 3: Resolution No. 2013-007: Relating to Development; approving and authorizing the Mayor or the Town Manager to execute all legal instruments necessary or prudent to docunnent, authorize, and consent to the assignment and assumption of developer rights, title, interest, and responsibilities relating to the Gladden Farms II development project from and by FC/M Gladden II LLC and its related entities to and by Gladden Phase II LLC and its related entities. Presented by Mr. Cassidy as the final of four documents presented to the District Boards of Gladden Farms and the Council of Town of Marana. Motion to approve by Council Member %ai, second by Council �lember McGorray. Passed unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTI4N D 1: Relatin t� 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. Presented by Del Post, who noted that yesterday the S lst Legislature convened the 2013 session. The town has done a couple of things in conjunction with the session — first was a joint meeting with the Oro Valley Council and the local legislative delegation to discuss the mutual concerns and priorities. That meeting was January 4. The second thing in anticipation of this session, the Council approved a resolution setting forth the legislative objectives for the session. Included are protecting state shared revenues, maintaining local control and autonomy and supporting economic development activities within the town and throughout the region. We will keep Council apprised of things that come before the Legislature that may have an impact on cities and town, and Marana in particular. He then gave an overview of some potential legislation to keep an eye on. One is the Governor's T� Simplification Task Force which she commissioned last year. The Task Force recently published its recommendations and report. Many of those recommendations significantly impact the way cities and towns will collect sales t�. The goal of the Task Force was to simplify the tax code for businesses and help them more easily transaction business across the state. We support those things that work. But there are three recommendations in the report that we are concerned about. The first is the state requirement that the Department of Revenue administer all sales tax on behalf of municipalities throughout the sta.te. The second recornmendation would require the Departrnent of Revenue to conduct all sales tax audits on behalf of cities and towns. Right now we have the flexibility to perform those audits ourselves. The third is the elimination Meeting Minutes for lanuary 15, 2013 Page 4 of 5 of state construction sales tax; cities and towns could no longer collect construction sales tax. Although these are recommendations, we're not aware of any bill making these into law, but as we understand it the leadership in the House and Senate are in favor of these recommendations as is the Governor. We'll continue to carefully monitor any proposed legislation. Mr. Post answered questions from Council on how construction sales tax is currently collected and the impetus for the change. Mr. Davidson also discussed some of the potential ramifications to the fmancial operations of the town if cities and towns can no longer collect construction sales tax at the point of construction (as opposed to collecting sales taa� at the point of sale). 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. 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), Maricopa County Superior Court No. CV2008-001131, Arizona 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 iegal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Not�vithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or rnore 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. Upon motion of Couneil Member McGorray, second by Vice Mayor Comerford to adjourn at 7:29 p.m. Passed unanimously G-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 15, 2013. I further certify that a quorum was present. . Bronson, Town Clerk Meeting Minutes for January 15, 2013 Page 5 of 5