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Home My WebLink About02/05/2013 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 5, 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 7:00 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. Motion to approve by �'ouncil Member 11�cGorray, second by Council Member Kai. Passed unanimously. CALL TO THE PUBLIC. David Morales spoke regardang his election and ballot measu.re political signs. � �� IZ�_��U �1 �[I� MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler rem,inded everyone that the Accenture Match Play tournament begins next week in Marana; she hoped everyone could get out and enjoy it. Mayor Honea reported on a meeting he and Vice Mayor Comerford attended at Saddlebrooke with Senator Melvin and Reps. Kwasman and Smith. Rep. Smith told the Mayor that under no circumstances would the construction sales tax be taken away from cities and towns. He went on to state that Rep. Smith promised to kill any legislation to prevent that from happening, including pulling people off of the bill. The Mayor went on to briefly what harm that could come to Marana if legislation passed taking TPT away from cities and towns. MANAGER'S REPORT: SLT�VIlVIARY OF CURRENT EVENTS Meeting Minutes for February 5, 2013 Page 1 of 5 Mr. Davidson noted that the Council Executive Report was on the dais. He highlighted that a town newsletter in electroruc version would be published four times a year. To sign up, you can go to the town's website to the Notify Me and sign up. PRESENTATIONS P 1: Presenta.tion: Relating to Community Development; presentation regarding the 2013 Founders' Day event. T. Van Hook introduced Patrick Nilz, president of the Marana Heritage Conservancy. Mr. Nilz gave a brief overview of the Conservancy since its inception and its vision for the future, focusing specifically on their efforts regarding education. He also noted that the Ganservancy is sponsoring this year's Founders' Day, and he gave a brief itinerary of the days' events. CONSENT AGENDA. Motion to approve by Council Member McGorray, second by Council Member %ai. Passed unanimously. C 1: Approva� of Special Meeting minutes for November 20, 2012, January 15, 2013 and Regular Meeting minutes for January 15, 2013. LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the Arizona state liquor board regaxding new Series � 10 beer and wine store liquor license application submitted by Randy Nations on behalf of the 99 Cents Store, #222 located at 4160 W. Ina Road. Presented by Town Clerk Bronson, who stated that the application met all of the statutory compliance requirements. She noted that there was one written protest submitted on February 4, 2013 by a non-Marana resident. The protest letter was on the dais for Council review. Ms. Bronson noted that s�kaff was recommending approval. Motion to approve by Council Member Ziegler, second by Courteil Member Bowen. Passed 6-1 with Council 11�ember Post voting nay. L 2: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Francisco Rodriquez on beha.lf of the Marana Herita.ge Conservancy for Founder's Day to be held on March 9, 2013. Presented by Town Clerk Bronson, who noted that this application met all of the compliance requirements. Staff is recammending approval. Motion to approve by Council Member Ziegler, second by Cvuncil �Vlember McGorray. Passed unanimously. BOARDS, COA+IMISSIONS AND COMNIITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Resolution No. 2013-00$: Presentation: Relating to Development; Approval of a conditional use pernut for additional antennas at an existing wireless communica.tion facility in Block L of the Dove Mountain Resort II Final Plat. Mayor Honea opened the meeting to the public. Kevin K►sh presented this item. Mayor Honea asked for questions from Council or the public. There being none, Mayor Honea closed the public Meeting Minutes for February 5, 2013 Page 2 of 5 hearing. Council MemBer Post moved for approval, seconded by Council Member Ziegler. Fassed unanimously. A 2: Resolution No. 2013-009: Relating to Community Development; approving and authorizing Town staff to submit the Town of Marana's list of proposed bond projects to the Pima County Bond Advisory Committee for consideration for inclusion in future Pima County general obligation bond elections. Presented by T. Van Hook, who referenced 12 staff-recommended priorities in 2008 for a special bond election. The election never happened, and staff from several agencies have been negotiating and re-negotiating proposed items for a future bond election. At this point it looks like a bond election won't be called until 2014, at the earliest. Recent conversations of the Pima County Bond Committee Advisory have asked staff from Pima County to re-evaluate the projects and find out if there were additional bond projects to add to the original 12 items. A couple of items were removed in 2009. Mr. Cassidy asked that Ms. Van Hook to read the list to the Council and the public. She started with the priority ranking, then project description, original amount requested under the 2006 submittal, and then an updated dollar amount in 2013. 1. Marana Cultural and Heritage Park —original request $ l OM; updated request $17,800,000. 2. The Barnett Linear Channel and Park — original$6M; updated $6M. 3. I..ower Santa. Cruz River Levee -$7M original request; updated $7M. 4. Affordable Housing, Marana set-aside — original request $1,150,000; updated $1.5M. 5. Neighborhood Housing stock retention fund — original request $750K; updated $1M. 6. North Marana Library and Multi-Cultural Community Center — original request $16.7M; updated $16.7M. 7. BOR Sports Park — original request $17,Sp0,000; updated $17,500,000. 8. Southern Marana Multi-Generational Community Center — original request $5.4M; updated $5.4M. There were two projects removed - the Twin Peaks drainage project for $1M, and the Camino Martin drainage project for $1M. A partnership project without a priority number is the Marana Health Center Expansion for $1 M, and tha.t will remain the same on the updated request. Ms. Van Hook clarified that these are the same projects the town asked for the last time the last time a bond request was made — in 2009. She further noted that some scopes and funding dollars have changed to reflect the current needs. The next bonding is scheduled for 2014. Addressing Council Member Ziegler's question of whether there is anything the Council can do to influence the outcome of the requests, Mayor Honea described the voting make-up of the committee. Of the 25 members, the County gets 20 votes and the remaining jurisdictions each get one vote. Tom Dunn is the Marana representative. Council had several questians including whether the projects could be re-prioritized to maximize the dollars. The bond advisory committee has been asked to review a11 of the projects at their February 15 meeting and come back with a recommendation. Vice Mayor Comerford and others asked for a little more Council involvement in reviewing the list. It was determined to hold a study session next week to review the list in mare detail. That would give the Council an opportunity to review the requests prior to the February 15 meeting. No action was taken at this meeting. A 3: Resolution No. 2U13-010: Relating to Parks and Recreation; approving and authorizing Town staff to implement the Town of Marana Mobile Stage Usage Policy; rescinding Marana Resolution No. 2007-48. Presented by Jane Fairall. Ms. Fairall noted that this resolution has Meeting Minutes for February 5, 2013 Page 3 of 5 been vetted by the Town Manager, Parks & Recreation, Community Development and Legal departments. She noted that the previous policy had no restrictions or guidelines as to who could use the stage or what types of events — only about where. This proposed policy flips that by defining who the authorized users are, what iypes of events are appropriate and fees for use of the stage. Moti.on to approve by Council Member Bowen, second by Council Member Pos� Passed unani»wusly. A 4: Ordinance No. 2013.001: Relating to Finance; amending the Town of Marana comprehensive fee schedule; and declaring an emergency. Presented by Jane Fairall. Motion to approve by Council Member Post, second by Councid Member Kai. The emergency clause required a roll call vote, which was taken by Town Clerk Bronson. Motion passed unanitnously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Legislation 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 governmenta.l bodies. Del Post gave a brief overview of what the town is monitoring and proposing with respect to legislative activity. The TPT Task Force which proposes some tax changes, has three changes which are fairly negative for cities and towns. One would be the elimination of construction sales tax. The second is the elimination of the town's ability to collect taa�es; and three is elimination of the town's ability to audit taxpayers within Marana. We are told that a bill will be introduced on Monday. The second is last year's HB 2826, the consolidated elections bill. This requires all cities and towns to have their elections in the fall of even numbered years starting in 2014. In addition to having us move our elections, for those Council Members whose terms expire in 2015, the bill that was passed last year didn't clarify whether that term would be shor�ened to the fall of 2014 or lengthened to the fall of 2015. So the good news on this is that the League is working with the sponsor of the HB 2628, and there has been a compromise reached where we should see a bill that has broad support that would allow all towns and cities to make that determination on their own as to whether the term should be shortened or lengthened. The last item, as a result of a meeting with Oro Va11ey at the beginning of the legislative session, was a discussion regarding annexation which makes it easier for towns and cities to annex properties. There is a potential bill that Senator A1 Melvin is talking about running for Marana and Oro Va11ey that would loosing the existing requirements on annexation. There is a meeting on February 15 with Senator Melvin that Council Members Bowen and Ziegler are set to attend along with the Planning Director. Mr. Post will be providing that language of that measure to all the Council soon. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consulta.tion for legal advice with the Town Attorney concerning any matter listed on this agenda. Meeting Minutes for February 5, 2013 Page 4 of 5 E 2: Executive session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), for discussion or consulta.tion with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Pima County v. Town of Marana, Maricopa County Superior Court No. CV2011-099966 and (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment from Pima County to the Town of Marana. FUTURE AGENDA ITEMS 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 Cade Section 2-4-2(B). ADJQURNMENT. The meeting was adjourned at 8:30 by Council Member McGorray, second by �ce Mayor Comerfora� Passed unan�mously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on February 5, 2013. I further certify that a quorutn was present. l�d-�'�v Jo elyn C ronson, Town Clerk Meetin� Minutes for February 5, 2013 Page 5 of 5