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05/20/2014 Regular Council Meeting Minutes
REGULAR COUNCIL MEETING MINUTES 115 5 5 W. Civic Center Drive, Marana, Arizona 8 5 65 3 Council Chambers, May 20, 2014 at or after 7:00 PM Ed Honea, Mayor .Ion Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:03 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCEIINVOCATIONIMOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by Council Member Ziegler. Passed unanimously. CALL TO THE PUBLIC. Wendy warden from Congressman. Barber's Of - flee presented Council with a plaque commemorating the final flight of the Space Shuttle Endeavour commanded by Captain Mary Kelly. The significance of the plaque was a Town of Marana decal carried on the shuttle. Ms. Warden read the commemorative wording to the audience. David Morales spore regarding his concern over a rumor he heard that the Mayor was not supporting the Veteran's Cemetery. PROCLAMATIONS May 20, 2014 Meeting Minutes 1 A proclamation recognizing and celebrating the contributions of Lori Sheppard to the Marana Community was not read into the record. Mayor Honea noted that officer Sheppard has been a great asset to the community and invited everyone to her retirement celebration in the Council Chambers on May 28, at which time the proclamation will be read. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford, Council Member McGorray and Mayor Ilonea each reported on the Dove Mountain Day in the Park on May 17, raising over $3,000 for the Marana Food Bank. Council Member McGorray also reported on a breakfast event at Dove Mountain Park for the high school club of Rotarians called Interact. Council Member Ziegler expressed her support for the Veterans Cemetery. Mayor Honea reported on an event at Estes Elementary School, now an A+ School. He noted that Superintendent Doug Wilson is making sure that all Marana schools are A and B schools. He also attended the League executive meeting in Phoenix, and noted that the annual League conference will be August 19 -22, 2014. Council and senior staff who plan to attend should get with Diane or Karrie in the Manager's office. The Mayor and Gilbert Davidson toured Pinal Air Park, personally conducted by Pinal County Supervisor Chairman Tony Smith gave them the tour. Noise studies for the air park should be complete in December. Pinal County would like to work with Marana if there's a mutual advantage. He and others attended the Tractor Supply Company ribbon cutting, and he participated on the Wake Up Tucson show on Monday. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson noted two department awards the CAFR award for excellence in financial reporting and one for the Human Resources Department — the Western Region IPMA 2014 Agency Award for Excellence for Small Agencies under 500 employees. Mr. Davidson thanked for Mr. Montague and Ms. Machain and their staff for the hard work they put in to achieve these awards. PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member .Ziegler, second by Council. Mt,pmher McGorray. Passed unanimously. C 1: ordinance No. 20 14.014 Relating to Business Regulations; amending Marana Town Code Title 9 (Business Regulations); amending Chapter 9 -5 (Clothing and conduct for qualified establishments) to correct several incorrect references to state statute; adding new section 9 -5 -8 entitled "Classification; continuing violations "; rewriting chapter 9 -9 (Penalty); and designating an effective date May 20, 2014 Meeting Minutes 2 C 2: Resolution No. 2014045 Relating to Transaction Privilege Tax; expanding and clarifying the designated use of certain tax receipts; and setting an effective date. C 3: Resolution No. 2014 -046: Relating to Public works; approving and authorizing the Mayor to execute an intergovernmental agreement /joint project administration agreement with the State of Arizona acting through its Department of Transportation for design administration of Ina Road improvements from S ilverbell Road to Starcommerce way C 4: Resolution No. 2014047 Consideration and possible adoption of resolution approving the sale and execution and delivery of not to exceed $7,900,000 principal amount of pledged excise tax revenue refunding obligations, evidencing interest in a purchase agreement to refinance obligations with respect to certain bonds of the Municipal Property Corporation; approving the form and authorizing the execution and delivery of necessary documents; delegating authority to the Manager and Finance Director to determine certain matters and declaring an emergency Resolution 2014 -048 Consideration and possible adoption of a resolution approving the sale and execution and delivery of not to exceed $1,400,000 aggregate principal amount of water utility revenue refunding obligations, evidencing a proportionate interest of the owners thereof in a first water utility purchase agreement to refinance obligations with respect to certain bonds of the Town of Marana Municipal Property Corporation; approving the form and authorizing the execution and delivery of such water utility purchase agreement, a first water utility trust agreement, a placement agent agreement and other necessary documents; delegating authority to the manager and finance director to determine certain matters and terms with respect to the foregoing; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution and declaring an emergency. C 5: Approval of April 29, 2014 Study Session Meeting Minutes and Approval of May 6, 2014 Council Meeting Minutes LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. GFCFD 2014-0 [Marana Town Council acting as the Gladden Farms Community Facilities District Board of Directors] : A Resolution of the District Board of Gladden Farms Community Facilities District, a Community Facilities District of Arizona, approving a tentative budget for fiscal year 20142015 pursuant to ARS X48 -716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure May 20, 2014 Meeting Minutes 3 and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and. notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law. Presented by Erik Montague, who noted that this item comes before Council annually before July 15. The proposed budget for the Gladden Farms Community Facilities District would set a tentative budget or expenditure limit of about $1.8M. The costs contemplated within that expenditure limitations would pay for existing debt service on general obligation bonded debt as well as certain costs related to operation and maintenance of the district as well as provide capacity to issue future debt in the new fiscal year if it is advantageous to do so. If approved this evening, there is no authorization to issue debt. Staff would come back before the Board to request consideration for that. Also, if the tentative budget is approved tonight, staff` would set a public hearing for June 17 bef ore adoption of the final budget. Motion to approve by Board Member McGorray, second by Vice Chair Post. Passed unanimously. B 2: Resolution No. GFCFD2 2014 -01 Marana Town Council acting as the Gladden Farms (Phase 1I) Community Facilities District Board of Directors] : A Resolution of the District Board of Gladden Farms (Phase II) Community Facilities District, a Community Facilities District of Arizona, approving a tentative budget for fiscal year 2014 -2015 pursuant to ARS §48-716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law. Presented by Erik Montague, who noted that this item comes before Council annually before July 15. The proposed budget for the Gladden Farms Community Facilities District (Phase I1) is a modest budget incorporating the operations and maintenance element; there is no debt attributable to the district as the entire district is undeveloped at this time. If approved this evening, the tentative budget would establish the overall limit for the district and contemplates an operations and maintenance ad valorem tax of $30 per $100 of assessed May 20, 20.4 Meeting Minutes 4 valuation. If approved tonight, staff would set a public hearing for June 17 before adoption of the final budget. Motion to approve by Board Member Bowen, second by Vice Chair Post. Passed unanimously. B 3: resolution No. SSCFD 2014 -01 Marana Town Council acting as the Saguaro Springs Community Facilities District Board of Directors]: A Resolution of the District Board of Saguaro Springs Community Facilities District, a Community Facilities District of Arizona, approving a tentative budget for fiscal year 2014 -2015 pursuant to ARS §48-716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of fling the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law. Presented by Erik Montague, who noted that this item comes before Council annually before July 15. The development narne has changed to Saguaro Bloom.; however the community facilities district name remains the same. If approved this evening, it would establish the overall expenditure limit for the district. Contemplated within the district costs would be the issuance of additional debt. within the current year's budget, district staff is working with outside consultants and the developer to issue a small bond this current fiscal year to get the tax rate going. We are hoping to get that in place before the end of the current fiscal year in order to establish that ad valorem tax. Board staff is looking to establish and maintain a target rate of $2.80. within the district, this budget does contemplate some modest debt service attributable to the debt that we're trying to issue by the end of the current fiscal year as well as provide for capacity for additional debt should it be appropriate. If approved this evening, there is no authorization to issue debt. Staff would come back before the Board to request consideration for that. Also, if the tentative budget is approved tonight, staff would set a public hearing for June 17 before adoption of the final budget. Motion to approve by Board Member Kai, second by Board Member McGorray. Passed unanimously. B 4: Resolution No. VFCFD 2014 -01 Marana Town Council acting as the Vanderbilt Farms Community Facilities District Board of Directors] : A Resolution of the District Board of Vanderbilt Farms Community Facilities District, a Community Facilities District of Arizona, May 20, 2014 Meeting Minutes 5 approving a tentative budget for fiscal year 2014-2015 pursuant to ARS §48-716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all. other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law. Mr. Montague noted that this district does not anticipate any specific debt for the new fiscal year, so there is no budget capacity for that. It does provide for certain operations and maintenance costs attributable to the district and does levy ad valorem tax of $30 per $ 100 of assessed valuation. This development has not developed to the full extent and has gone through various ownerships. If approved tonight, staff would set a public hearing for June 17 before adoption of the final budget. .lotion to approve by Board Member 1llcGorray, second by Vice Chair Post. Passed unanimously. B S: Relating to Boards, Commissions and Committees; discussion, consideration and possible direction regarding recommendations from the winter 2014 Marana Citizens' Forum regarding the topic "marketing, branding and tourism" Introduced by Amanda Jones, who turned the presentation over to Forum delegate, Jerry Burger, He gave an overview of the session including results from the panel discussions that could be merged or incorporated into a marketing program in concert with the destination marketing organization. Those recommendations included showcasing within the lifestyle images families, multiple age groups, multi -use paths, parks activities, quality school, farming heritage, golf, local businesses and climate and landscape. For advertising methods, delegates recommended use marketing techniques such as lifestyle and travel magazines, the town's web page, social media outlets, season targeted television ads and videos s well as use of the climate and landscape directed to specific populations during specific times of the year. A strong presence at town events, social. media outreach and personal visits to businesses were recommended as the best methods to communicate the existence of activities of the destination marketing organization. Also recommended in that regard might be bird watching, world class dining and activities in the parks. To better establish itself~ as distinct but part of the Tucson region, the recommendations were to identify the town as the gateway to Southern Arizona by highlighting accessibility, May 20, 2014 Meeting Minutes 6 features to visit in the area and lifestyle. The delegates also recommended support for the Marana Chamber of Commerce for relocation efforts, visitor center expansion and new signage COUNCIL ACTION A 1: ordinance No. 20 14.015 Relating to development; approving a rezoning of approximately 117 acres of land located South of Tangerine Road and West of Camino de Oeste from 'R -36' (Residential) to 'F' (Specific Plan) for the purpose of creating the Tangerine Ridge Specific Plan and approving a minor amendment to the General Plan. Presented by Jenna Reilly. Linda Morales from the Planning Center, representing the applicant, also addressed Council. Brad Christian, a resident in the neighborhood, addressed Council regarding the possibility of changing some of the lots presently designated as two -story to be one -story to preserve the view. Discussion and negotiation on Mr. Christian's request ensued between Council and Ms. Morales. Motion to approve the resolution with conditions as presented and further further requiring that rots 68, 69, 70 and 71 be one-story residences by Council Member Ziegler, second b Council Member Bowen. Motion passed 6 -1 with Council Member McGorray voting "nay. " A 2: Resolution No. 2014 -049 Relating to Budget; adopting the fiscal year 2014 -2015 tentative budget, Presented by Erik Montague, who noted that most of the items have been covered in quite a bit of detail over the past several months, the intent tonight is to present a high -level overview of the packet materials including the Auditor General schedules. If approved, this budget would establish the upper spending limit for the fiscal year, but the town would be able to reallocate or reduce the budget between tentative and final adoption. The presentation focused on the general fund which is the largest operating fund and does maintain structural balance. One thing that has been a keen focus in bringing budgets before Council over the past several years is to bring a structurally balanced budget so that one -time revenues are supporting one -time projects and programs, and that on -going revenues support ongoing programs. It continues to maintain the full contracting sales tax allocation of 75 percent to the transportation find. There is a slight change over previous years with respect to contingency which incorporates a little more in contingency funds - ten percent or $3M. Contingency provides expenditure authority but no direct authorization to spend funds. If those funds were needed, staff would come before Council and ask for consideration to reallocate or transfer expenditure authority. Staff anticipates about $22.8M in the reserves at the end of the fiscal year, an increase of about $1.7M largely attributable to revenues in the current year. This balance represents about 64 percent of next year's expenditures. Mr. Montague then touched on key elements of the budget including authorized positions of 328.33 FTE. This is an increase of 9 FTE and are for positions determined to be vital to the mission of the town. The largest operating expense of the general fund is compensation, which includes a 2 percent market adjustment for all employees except temporary seasonal staff and May 20, 2014 Meeting Minutes 7 employees whose salary falls above the maximum of the grade. There will be special equity adjustments to address severe compression resulting from implementation of the class and comp study. These don't make everyone whole. The approach was to identify a reasonable approach where there are more than one incumbent in a classification. From an affordability standpoint, it does move those individuals closer to where they were. There is also a cultural value excellence performance award which are one -time adjustments for individual employee efforts. Mr. Montague then gave a snapshot of the tentative budget - the overall expenditure limitation for FY 2015 of $115M - and reviewed the sources of funds and the uses for those funds, including self-funding of health and dental benefits. This is about $32M higher than last year. Most of that is tied to capital projects and projects within the enterprise funds. If the tentative budget is approved tonight, notice will be posted for a public hearing on June 17. Council Member Bowen moved to approve the budget with one additional adjustment. A few weeks ago Council discussed the Heritage Arena at a study session, and Council authorized staff to seek an outside agency to provide a full business plan on the complete development of the parr. However, if the results of that plan come back and are favorable, and Council wants to move forward and there is no money in the budget, he would like to approve the budget with the request that we move an additional $2M from reserves into contingency so there will be capacity in the budget in case Council wants to act on the results of that business plan. Council Member Ziegler seconded the motion. Passed unanimously. A 3: Ordinance No. 2014.016 Relating to Finance; adopting the amended Town of Marana Comprehensive Fee Schedule; eliminating certain pool fees immediately; and designating an effective date. Presented by Erik Montague. He highlighted key elements in establishing a uniform document that ensures that the fees identified are supported by the actual cost of providing services. Staff continues to identify ways to add additional clarification, remove redundancy, eliminate confusing fees when and where appropriate. This item follows the presentation that staff provided in March, identifying requested changes. we discussed the possibility of eliminating certain fees related to the pool facility, made those change and they are incorporated within the ordinance presented to Council this evening with one exception. After the items were submitted, we identified a number of fees within that ordinance that were asked to be removed and effective immediately. There were two fees that were not included. one related to the park facility rental pool fee of $50 per hour and the park facility pool lane fee of $2 per lane per hour. Staff has modified the ordinance before you for consideration to eliminate those fees immediately. Following the meeting on March 18, staff sent letters to both SAHBA and MAP inviting them to review the fee schedule. The town did receive a letter from SAHBA with some specific areas of interest. The comments were received on April 30 and they had to do with third party review and submittal fees as well as plan review time frames. A key part of this process is input and involvement with our stakeholders. we did respond back to SAHBA on May 20, 2014 Meeting Minutes 8 May 2 letting them know that one of their concerns related to additional plan review fees above the second submittal wasn't an increase or a new fee, but the clarification of an existing fee. The other area of concern to SAHBA was to find ways to continue to evaluate and improve our review times and process. Town staff believes our current process is reasonably aggressive and very aggressive in some cases, and we will continue to manage and monitor then, but believe that they meet or exceed the service levels that the community requires. Notice was posted on March 19 letting the public know that Council would be considering the fees at tonight's meeting. Resolution No. 2014 -050 Relating to Finance; declaring the amended Town of Marana Comprehensive Fee Schedule as a public record filed with the Town. Clerk Motion to approve Ordinance No. 2014.016 and .Resolution No. 2014 -050 by Council.' Member Kai, second by Vice Mayor Post. Passed unanimously. ITEMS FOR DISCUSSIONIPOSSIBLE AC'T`ION 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 governmental bodies. No report. EXECUTIVE SESSIONS. .Motion to go into executive session at 8:1 Op. m. on item E. Z b Council Member Comerford, second by Council Member McGorray. Passed unanimously. E 1: Executive Session pursuant to A.R.S. X35- 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 Z: Executive session pursuant to A.R.S. § 35- 431.03(A)(4) to discuss and consult with, and instruct, the Town's attorneys regarding the Town's overpayment of reimbursements under the Willow Ridge Reconciliation Agreement. Motion to direct staff to process as discussed in executive session by Vice Mayor Post, second by Council Member McGorray. Passed unanimously. 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 May 20, 2014 Meeting Minutes 9 a for the second re Town Council meetin after the date of the re q uest, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT. Motion to adjourn at 8:27 p.m. b Vice Ma Post, second b Council Member Bowen. Passed unanimousl CERTIFICATION I hereb certif that the fore are the true and correct minutes of the Marana Town Council meetin held on Ma 20, 2014. 1 further certif that a q uorum was present. J Ke - 11 n I ronson, Town Clerk 9 9 Ma 20, 2014 Meetin Minutes 1©