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HomeMy WebLinkAbout04/16/2013 Regular Council Meeting Minutes10w N �F 9 ° �}��f�` 7 :;� � qR1ZONp REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 16, 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 7:02 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 Council Member McGorray, second by Council Member Bowen. Passed unanimously. CALL TO THE PUBLIC. David Morales spoke regarding a recent article published in the Arizona Daily Star regarding the Marana wastewater plant. PROCLAMATIONS MAYOR AND COLJNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Mayor Honea noted that he had attended several events, including a Pinal Partnership meeting, the 13�' anniversary of the Osprey Memorial at the Marana airport, the Copper Cafe graduation, and an ASBA luncheon where Senator A1 Melvin spoke, indicating that the land for the Pinal switching yard would soon be going up for bid. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS Meeting Minutes for April 16, 2013 Page 1 of 12 CONSENT AGENDA. Motion to approve the consent agenda by Council Member Ziegler, second by Council Member McGorray. Passed unanimously. C 1: Resolution No. 2013-033: Relating to Development, approving a final plat for Aerie Riverwalk, Lots 1-6. C 2: Resolution No. 2013-037: Relating to Administration; approving and authorizing the Finance Director to execute Amendment Number Two to the contract between the Town of Marana, the Arizona Department of Corrections and the Management & Training Corporation for inmate labor services Added Late C 3: Approval of Apri12, 2013 Regular and Special Meeting Minutes LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2013.006: Relating to Development, approving amendments to the Rancho Marana West Specific Plan, including adding and rezoning approximately three acres located at the northeast corner of Sandario Road and Bill Gaudette Drive to the Specific Plan with a Town Center designation. Mayor Honea opened the public hearing. Kevin Kish presented the project to Council. Mayor Honea closed the public hearing. Motion by Council Member Post to continue the item for further community input and some housekeeping items, and continuing the public hearing, to the May 22, 2013 Council meeting, with a study session on the item to occur at 6:00 p.m. on May 14, 2013. Second by Council Member Ziegler. Passed unanimously. A 2: Ordinance No. 2013.007: Relating to Building; adopting by reference the 2012 International Building Code, the 2012 International Plumbing Code, the 2012 International Mechanical Code, the 2012 International Residential Code, the 2012 International Property Maintenance Code, the 2012 International Energy Conservation Code, the 2012 International Fire Code, the 2012 International Fuel Gas Code, and the 2011 National Electric Code; adopting local amendments to the foregoing codes; amending Marana Town Code Title 7 by revising Section 7-1-2; and providing an effective date. Resolution No. 2013-034: Relating to Building; declaring the 2012 International Building Code, the 2012 International Plumbing Code, the 2012 International Mechanical Code, the 2012 International Residential Code, the 2012 International Property Maintenance Code, the 2012 International Energy Conservation Code, the 2012 International Fire Meeting Minutes for April 16, 2013 Page 2 of 12 Code, the 2011 National Electrical Code, the 2012 International Fuel Gas Code, and the local amendments to the foregoing codes, as public records filed with the Town Clerk. Presented by Benny Sanchez, Building Official. Mr. Sanchez also answered questions from the Council. Motion to approve Ordinance No. 2013.00� and Resolution No. 2013-034 by Council Member Kai, second by Council Member Bowen. Passed unanimously. A 3: Ordinance No. 2013.008: Relating to Streets; amending the Town of Marana subdivision street standards regarding access requirements and repealing all resolutions, ordinances, and rules of the Town of Marana in conflict therewith. Town Engineer, Keith Brann gave an overview of the changes, noting that what the town is looking to do is to make a path for fire access for phased-in development. T'he last change involved constricted entry such as with gated communities. The changes are somewhat dependent on getting agreement from the developers as to what the town engineer and the fire department feel are necessary for emergency access. Otherwise, developers would have to continue going to the planning commission for design exceptions. He then took questions from the Council. In response to a question from Mayor Honea about code control over fire districts other than Northwest Fire, Mr. Brann noted that in areas where there are other fire districts, their fire marshals would control under this part of the town's code, and Mr. Brann would be consulting with that fire marshal. The emergency access provision is in direct compliance with the International Fire Code. It's when you get beyond 301ots that he would not necessarily utilize the fire marshals' guidance. Motion to approve by Council Member McGorray, second by Council Member Bowen. Passed unanimously. A 4: Resolution No. 2013-035: Relating to Community Development; approving and authorizing the Town Manager to implement the Honea Heights Sanitary Sewer Conversion Project Emergency Connection Funding Policy. Mayor Honea declared a conflict on this item, and recused himself from the Council discussion and vote. Presented by T. VanHook, who gave Council a brief history of the item to where Marana took over the project in 2009-2010. Ms. VanHook noted that the policy before Council is unlike any other policy before Council due to an unusual circumstance. A grant project was started in the Honea Heights neighborhood in 2004; a joint project undertaken with Pima County and the U.S. Department of Agriculture's (USDA) Rural Development Office. The intent at that time was to have a large portion of the project paid for using federal dollaxs through Rural Development Fund, and the match dollars would be paid in combination with funds from the Town and Pima County. There were a number of issues that arose over the course of the project – construction delays, the bankruptcy of a provider under Pima County's contract, and then the Town taking over the project and completing it and receiving certification from the Arizona Department of Environmental Quality for the sewer flows in 2009-10. At that time, the Town was coming to the end of an intergovernmental agreement between Pima County which included various provisions, one of which was the County would assist Marana in seeking additional grant funding in order to hook up residents in the neighborhood. The original grant and the extension of that grant plus match dollars through Pima County and the Town of Marana Meeting Minutes for April 16, 2013 Page 3 of 12 — primarily the Town — were able to complete the project. Once completed, the Town filed a continuing grant application for the connections with the USDA. Because the town did not have ownership of the conveyance system, there was no legal standing for the town to apply for those funds. The USDA went on continuing resolution in 2011 which meant that Congress didn't allocate any additional operating funds to the department other than what was necessaxy to keep it alive. In January 2012, when the town took over the conveyance system and the treatment plant, and we had the documents to submit to the USDA, we did submit them. The town has a standing application with the USDA to complete not only the sewer conversion but also the sidewalks in the Honea Heights neighborhood. Because the USDA was under continuing resolution, and now falls under the sequester at the federal level, the application is still pending some 15 months later and still has not been reviewed. In the meantime, the town has an active conveyance system in the neighborhood. There are also failing system coming about. Honea Heights is one of the lowest income neighborhoods in the community, and many residents don't have the means to convert their existing septic systems, if they were to fail, onto the sanitary sewer system. The town's Strategic Plan ca11s for the use of outside or other funding sources for infrastructure in the Colonia neighborhoods specifically, and staff has made an attempt to do that. Staff has not been able to secure any funding at this time to do that. Community Development and the CIP staff tooled the document in front of Council, which is basically an emergency policy and application. Ms. VanHook noted that the terms of eligibility would be limited to dwellings that have been legally occupied over the term of the project, the primary residence of the property owner and have a certified non- functioning septic system. Ms. VanHook stressed that funding under this emergency policy would be a stopgap measure for this neighborhood until the town can secure other funding for the infrastructure improvements. In the policy before Council, there are a series of steps to having a septic system serviced and certified as non-functioning. The town would then hire a contractor to have the project completed. At this time the estimated cost per hookup would be around $12,000. Toward the end of the grant funding running out, one of the town's community partners, Old Pueblo Community Foundation, did a few hookups through the CIP department, and the $12,000 holds up under those cases. The scope of what happens to some residences is very simple and straightforward while other cases are very complex, so staff has taken an average of those and applied that to what's left. Council Member Bowen asked what remedies would be available to residents if septic system failure occurred in any other neighborhoods. Ms. VanHook responded that if a septic system failed and there was a conveyance system available within proximity of the residence, the property owner would be required to connect into the sewer system. Council Member Bowen: so what we're talking about is providing money to enable that connection to people who can't afford to pay for it themselves? Ms. VanHook responded that in the emergency policy before Council, there isn't an income threshold. The application that went to the USDA didn't require individual income verification because Meeting Minutes for April 16, 2013 Page 4 of 12 the neighborhood as whole is comprised of 80 percent or greater low income residents. It doesn't look at individual property owners or individual incomes. Council Member Bowen: Council Member Post brought up that there are other Colonias within the town's boundaries, so why are we only talking about Honea Heights? Ms. VanHook: this is a unique situation in that the town had a project with an original intent modeled after other Colonia neighborhoods across Arizona and New Mexico where USDA funds were brought in to put in the conveyance system. Through a series of events, this project has stretched over nine years and there are residents who may have failing systems. ADEQ requires, now that there is a conveyance system, residents to hook into the system. The cost of hooking into the system is great than remediating the existing system and is not even permittable because the conveyance system is there. A mass conversion from septic to sewer hasn't begun in other areas of the town which is why Honea Heights is in a relatively unique position. Council Member Bowen: will the town be providing funds to each resident only in excess of what the resident would have paid to remediate their own septic system? Ms. VanHook: at this time, that is not how the policy reads. It reads that anyone who has a failing system would be required to do the primary mitigation to have their system certified as failing. In this policy, a low income resident could apply for funding through the Community Development deparhnent owner occupied funding rehab housing program, and that program would pay for the initial pumping and certification. That program will not pay for any conversion to hookups to the conveyance system or any mitigation of the existing system as far as getting rid of that system. Council Member Bowen: my biggest global concern is fairness, both for the people in other Colonias and the people in this one. If a resident has adequate resources and funds to hook themselves up, would they be required to do so? As Ms. VanHook indicated, if there is no income threshold, then we just hook them all up regardless of how much money they have in the bank? Ms. VanHook responded that he was eorrect, but that Council could request any changes they want made to the policy including that one. Vice Mayor Comerford: one of the things that happened when the project originally came forward was that promises were made by the county and the town for complete the project, and that included the hookup of every home, including the sidewalks. There were several events that occurred that caused the completion of the project not to happen. So now there are promises made to about 150 homes, and staff is trying to come up with a remedy. Council Member Bowen: he understands that, but he also feels that promises the town makes are also contingent on promises others malce to us, and if they can't fulfill their pramises, we may not be able to fulfill ours. He stressed that he wants this to go forward and to get done, but there needs to be some measure of fairness applied to the residents. So that whatever we're required to do, we'll do that, but if the people can help themselves, I'd really like to see that. Vice Mayor Comerford said that she's glad there is a program through Community Development where people can get help to check on failing systems. Her second concern is that with failing systems or leach fields that are seeping up to the surface which brings about other concerns. Council Member Post: to go along with Council Member Bowen, I understand the series of events that brought us to this point and agree that something has to be done for Meeting Minutes for April 16, 2013 Page 5 of 12 residents with serious issues, but at the same time, this puts the town on the hook for several million dollars or rnore over however long it takes all the sewers to fail in Honea Heights. Is that correct? Ms. VanHook responded that there are a couple of requirements. The dwelling has to be legally occupiable, continually occupied and the primary residence, so based on the Colonia survey, it would be a far lower number than Council Member Post is describing. Council Member Post: on that note, what is the criteria for owner-occupied. Can I go buy a house today, pay cash for it and turn in an applicable tomorrow? Ms. VanHook: under the policy as it's currently written, yes you could if you're living in it and the Pima County tax records show it as your primary residence. There is some additional language in the policy that says the town may ask for some additional documentation such as utility bills that show you are occupying that residence. If you had just purchased the residence, and the previous owners has continuously occupied the home until you moved in and the septic system failed, then yes, you would qualify as it's currently written. Council Member Post: is there language in the ordinance that allows for the acquisition of these funds that we are searching for? Are we actively seeking funds to finish this project? That should be mentioned in the ordinance. Now, if we were able to secure the funds, would the town get repaid for monies it invested for some of the hookups. Ms. VanHook: under the directive of the federal OMB and the rules that we normally operate under, unless there was specific caveat within the grant allowance, previously expended funding is not allowed, so we would not be able to retroactively pay ourselves for any work that was performed. Council Member Post: can we amend it to make this money part of our share part of the matching funds? Ms. VanHook: she doesn't believe that is possible. Any funds expended under a federal program — that funding would need to be from date of contract, unless there is special allowance made under that contract. Council Member Ziegler: this really was a bad deal all the way around. At the time there was an IGA broken by the county; they left the town holding the bag. At the time, she was not in favor of the town going out and spending millions of dollars to pick up the slack at that time or down the road five years. It's said that promises were made; I don't know who made those promises. I was on the Council at that time, and I didn't make any promises. As Council Member Bowen said, we had promises made (to us) too, and we didn't get our expectations met. She's not sure when people say promises were made, who made them? The business side of her says why would we do this? Running the town is a business. On the other hand, everybody needs help at times. What she would like to see some skin in the game. She likes the criteria presented, but maybe instead of footing the $12,000 bill, for those people who've met the criteria, maybe they come up with a quarter of the money or put some skin in the game. She just wants the money to go to those people who need it. She referenced an incident several years ago in the Continental Ranch area where people broke their own pipes to get their plumbing done under a class action suit. She wants to get a better feeling for the people who need it the most. As a town, she thinks we do need to step up and do something, but it has to be fair and equitable and across the town and ask for skin in the game or reimbursement at the other end. Meeting Minutes for April 16, 2013 Page 6 of 12 Council Member McGorray asked how many homes are in line for sewer connections presently. Ms. VanHook replied that there are 154 platted lots that have yet to get the sewer connections. StafF doesn't have an exact number of how many are occupied or how many are failing; there are some rough estimates. Seven hookups were made last year though the Community Development program in conjunction with Old Pueblo Community Foundation. She believes there is one house in the neighborhood that has been done this year. She asked to address the "skin in the game" issue. That was addressed a little in the policy. Staff has required that residents pump the system. If you try to fail the system, sometimes you can flood the system or do other things, so the first requirements is that you have the septic system pumped, and then there has to be a certification of the failure of either the septic system or the leach field. All of that is paid for by the resident. Again, they can apply for funding through the owner-occupied housing rehab program if they meet the income criteria. Council Member Bowen: so if a system has been certified as failed, the town would pay the $12,000 for the sewer hookup? If the system is working, nothing gets done, but eventually the septic system will fail. Ms. VanHook: that is correct. Council Member Kai: it seems like before the homeowners hook up, they're going to go as long as they can on their septic system, and this $12,000 per hookup — how many years out do we have this budgeted for? Because they could drag out to a five or eight year deal. Ms. VanHook: it is my understanding that there is an amount of money requested in the CIP budget this year for the emergency fund, but that allocation would be made by vote of the Council with passing of the budget each year. The policy only establishes criteria for folks to apply for funding and some procedures for staff to move forward on doing these conversions. Council Member Post went over his concerns. At the end of the day the town could potentially be into the Honea Heights "fiasco" for approximately $SM. We have fixed the road, the lawsuit, and we're look at a couple of million dollars here. And we do have other areas in the town which are in dire need of hookup to the sewer. The same human concerns will apply in those situations. The town doesn't have an unlimited source of money from our general fund to do this project, even though he completely understands that it's needed and then move to the next subdivision with different criteria. How are we going to say `no' to 50 residents that come in from another residential area of Marana and say that we spent $SM on Honea Heights -- do we not rate the same consideration regardless of the events that occurred in Honea Heights? He doesn't caxe who made promises to what, when the promises that were coming through to the town were broken, the town then became unable to financially provide finishing this project. So, we have to draw the line somewhere — we can't afford that. We need every dollar of hookup to pay for the conveyance system to the plant the town just purchased — we can't be giving them (hookups) away. As badly as he wants to approve this and give everybody in the town a free hookup to our new business, we have to draw the line somewhere. Mr. Honea, speaking as a citizen, said there were five people who are currently on the dais sitting as Council when this issue first came up; he then gave some brief history. He also acknowledged that he owns property in the Honea Heights neighborhood. When the sewer was put in, the streets were already paved. The Town of Marana told the folks in the neighborhood that they were going to rip their streets up and put sewers in, and then Meeting Minutes for April 16, 2013 Page 7 of 12 we're going to hook everybody up to the sewer for free, and the town staff told people that. Then we're going to come back and pave the streets and put in sidewalks. That's what all these people were told. It's the original neighborhood of the Town of Marana. That's where most of the people lived when the town was incorporated. They are mostly poor people and a lot of elderly people. The 30 hookups that were done in Honea Heights were done at no cost to the homeowner. And when we were working on the road, we decided to hook everybody up and were done at no cost to the homeowner. I just ask, in full disclosure, remember who we're talking about. This is the original neighborhood, and these people were promised by town staff that we'd take care of them, so I hope we don't just throw them under the bus. Council Member Ziegler: I was here when that happened. I didn't promise anything, and to blame staff or to say that staff went out and promised somebody they would have sewer; I'm not saying that didn't happen. I'm saying that's very myopic thinking. Anything we do up here (on the dais), we can't make promises like that; we can't make guarantees. I write contracts for a living; I do not guarantee anything. And this Council can't guarantee and make promises, shame on us if that's what we did. I was here, and I don't remember everybody going out in the streets and saying "we're going to hook this up," so I certainly understand if we did, but shame on us for doing that. But back to Jon, he made a good point about the $SM. Council Member Post: I do have a great deal of sympathy for the situation that we have. One promise that I will personally make is that we will actively seek out — and I will tell you (Ms. VanHook) to do that — monies that can find. Grant monies; and we will make the determination at the time whether we have matching funds. What we need to reiterate is that we understand, we see the issues that are going on, and we will continue to work on those issues. But to promise money from our general fund that could potentially weigh down on other monies that we have to kick out further down the right, I just don't feel like that would be a very prudent fiscal consideration for this Council Member to make. Vice Mayor Comerford asked Ms. VanHook is the policy Council is looking at tonight a year by year policy. Ms. VanHook stated that the policy doesn't have any funding attached. It's just a policy to move forward based on funding availability. You would do that each year when you present a budget. Vice Mayor Comerford stated that it seems the Council needs some type of policy criteria. Council Member McGorray asked, from a health perspective, if a system fails and they (homeowner) doesn't have the money to get it fixed, wouldn't the property have to be condemned? Ms. VanHook: that would be a question for Mr. Sanchez (Building Official) to answer or someone else, but if it becomes an unlivable structure — yes. There are also some environmental issues if the leach field is leaking to the top, and there are some other environmental concerns. The question arose as to how to address those issues. Council Member Bowen stated that he felt very uncomfortable with the policy the way it is currently written. Waiting for septics to fail, then paying for them could stretch out a very long time. He agrees with Council Member Post that it is untenable to take on the burden carte blanche of hooking these up and asking nothing from the residents who are able to pay something. We had promises that were made to us that were unable to be met, either. He's asking staff tb go back and work on some solutions that would take these concerns into account and bring back to Council some ideas that would address Meeting Minutes for April 16, 2013 Page 8 of 12 these concerns. Ms. VanHook noted the items as being (1) adding an income qualifier within the policy as a criteria; (2) is Council comfortable with the resident paying for the initial funding steps to certifying a failing system; and (3) is the timing addressed with the budget each year. Mr. Davidson noted that what staff is trying craft is a policy moving forward that will deal with the infrastructure issues. It will link back in the budget process so that each year we can analyze what we are putting into this particular program for sewer conversion. What's being proposed for next year is $75K that would be available for conversion for qualified homes. So year by year we'd be able to analyze if we had additional funding that comes in from a grant, so if there were federal funds that were restorative or even state funds that came through, we would be able to program those in any one fiscal year and then continue on with a much larger expansion of this program to hook people up. Council Member Ziegler asked if someone from Adonis hears about this program, and they....Council Member Post: they don't have a conveyance system yet but they will; that is a foregone conclusion. But that's another unique system. They are all hooked into their own sewer system. They have a pond just like Rillito does, and at some point there's going to be a conveyance system go by that pond, and they're going to want to plumb into that conveyance system. So essentially Council will say you can hook up, but you each have to pay a sewer impact fee, and I'm really concerned that we're setting in motion something that they say they can't afford. Council Member Bowen: what I'm curious about is along with an income based needs outlook on their contribution, is there a regulatory or legislative or governmental ability for us to put long term finance into place and impose it on the homeowner so that we can get in there and get this job done? So we can get people analyzed, help the ones that need it, figure out what it's going to cost and go in and plumb people's houses up, and then impose on the homeowner some cost added to the tax or property bill that would pay it off over a certain number of years, and we'd be done with it. Gilbert Davidson attempted to summarize that by saying if we went in with one proposal to get everyone done as part of an overall sewer conversion and hooked them into the main system, and then spread it out over all the residents...Council Member Bowen: each resident would bear their own cost, but it would be spread out. Mr. Davidson: there are vehicles that can be used to do that, so it's like an improvement district, a utility improvement district, so that does require that the neighbors would have to be engaged to vote to tax themselves. So what we're proposing on a case by case basis you're talking about on a much grander scale to get input and concurrence from the neighbors to agree to pay for it in that way? Council Member Bowen: that would be complicated that way. If those who qualify for help, if that help could be added to the pot and the rest attributed to the rest of the homeowners, maybe that would be the way to do it, although that imposes a higher cost on those who are hurting in the first place. If there's a way to move in and get it done and spread out the cost over time, and I think we should do it. Council Member Post: I think that idea has a lot of inerit. If we can go over there and put sidewalks in and do things that really bring value to those homeowners, they're going to see real immediate dollars in their property. This is not the last time that we're going to Meeting Minutes for April 16, 2013 Page 9 of 12 see this — other situations that come along in the town that we're going to have to figure out how to maintain our infrastructure going forward. The short-term benefits are obvious, but I don't think we can even quantify the long-term benefits right now. That would be a vehicle we can keep in place all the time to keep that neighborhood really coming along. Vice Mayor Comerford: once they hook up to sewer, they pay their bill, right? Ms. VanHook: that is correct, and that has been a struggle for some of the residents that have been hooked up to the sewer system. The addition to their water bill has become a burden to them and they've applied for emergency to pay that. Council Member Post: what we owe the residents is a plan, We promised that we would facilitate getting those improvements to their property. I don't think we promised that we'd pay for it. We did kick in a substantial dollar amount, but I don't think we had a choice at the time. Now, I think we have to go back to our original promise and facilitate these improvements, and I don't think going back and piecing in a few things is going to work. I think it deserves some original ideas for this situation. Vice Mayor Comerford: in the meantime, if we do have people with failing systems, there's no policy. I'm hearing what everybody is saying, but at the same time, staff has brought this to us and there's still no policy set to deal with issues on a day to day basis. So do we try to set a policy for them in the meantime to have some guidelines, and have we come up with the solutions? Do we give them a year's worth of policy to be renewed or looked at again next year to give them the time to look at another program to do whatever seems to need to be done? Council Member Post: Mr. Honea, if I may. Unfortunately, it comes down to what Council Member Ziegler said. These are homeowners. These are people who own property. This happens countless times all over the world. Mr. Davidson: in listening to the need, maybe we can tweak some of the policy and think through some of the financial implications and come back in a couple of weeks. I appreciate the Vice Mayor's comments. We have been operating on a case by case basis trying to help some of the residents who are in terrible bind. I think all of us would feel more comfortable having a solid policy. The broader implications of what do we do with other neighborhoods can be addressed specifically with this particular policy. I think we could craft something that would work for this particular situation. I think we do need to talk about the longer-term financing. Council Member Bowen is not in favor of crafting a sort-term policy. He would rather call it an emergency policy. We need to get on the long-term policy immediately. Vice Mayor Comerford said it sounds as though the consensus is to bring this back at the next scheduled meeting. We have two issues; we have the emergency situation, and we have the long-term issue that we'd like to be addressed. Motion by Council Member Bowen to direct staff to come up with an emergency procedure to deal with any situation in Honea Heights, and bring it back to Council for consideration at the next regular meeting, and for them to craft a longer- term solution and bring it back to us within a couple of months. Second by Council Member Kai. Passed 6-0. A 5: Resolution No. 2013-036: Relating to Economic Development; creating the Downtown Marana Reinvestment Fund and authorizing the Town Manager to administer it. Presented by Curt Woody, who noted that this is an incentive program that will address the downtown area of Marana as outlined in the Economic Roadmap. What Meeting Minutes for April 16, 2013 Page 10 of 12 we're dealing with in the downtown area is a displaced area which was the hub of business before Interstate 10 was built through it. The funds from this program would be collected in two different ways. Fifty percent of all construction sales tax revenues collected by the town due to construction of new businesses or expansion of existing businesses in the downtown activity center; and two, fifty percent of all general sales taac revenues collected by the town from new and existing businesses located in the downtown activity center. These funds would be deposited in the Downtown Marana Reinvestment Fund to spend on public infrastructure project in the area. This would be for a five-year period effective as of July 1 of 2013 and sunset in 2018. If it shows progress, Council could extend it for a period of time. After general discussion with Mr. Woody and Mr. Davidson by Council, a Motion to approve by Council Member Post, second by Council Member Ziegler. Passed unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relatin tg o 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 governmental bodies. Del Post said that the TPT issue is still being monitored. 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. 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 Maxana Town Code Section 2-4-2(B). ADJOURNMENT. Motion to adjourn by Council Member McGorray, second by Council Member Bowen at 8: SO p.m. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 16, 2013. I further certify that a quorum was present. Meeting Minutes for April 16, 2013 Page 11 of 12 Jocelyn C. Bronson, Town Clerk Meeting Minutes for April 16, 2013 Page 12 of 12