HomeMy WebLinkAbout09/09/2014 Study Session MinutesX 0 -
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STUDY SESSION
MINUTES
115 5 5 W. Civic Center Drive, Marana, Arizona S 5 65 3
Council Chamber, September 9, 2014, at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
STUDY SESSION
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:01
p.m. Town Clerk Bronson called roll. Vice Mayor Post was excused; all other Council
Members were present, constituting a quorum.
PLEDGE OF ALLEGIANCEIINVOCATIONIMOMENT OF SILENCE. Led by Mayor
Honea.
APPROVAL OF AGENDA. Motion to approve by Council Member ,McGorray, second by
Council Member .Kai. Passed unanimously 6-0.
CALL TO THE PUBLIC. No speaker cards were presented.
DISCUS SIONIDIRECTIONIPOSSIBLE ACTION
D 1 Resolution No. 2014 -082 Relating to Animal Control; approving and authorizing the Mayor
to execute an intergovernmental agreement with Pima County for the provision of animal control
services within the Town of Marana. (Laine Sklar). Gilbert Davidson noted that D 1 and D2 are
somewhat related. This item is a somewhat standard agreement that the town has with Pima
County Animal Control. Staff has been working with Pima County, and there are no major
changes as part of this agreement. There has been a lot of discussion around the region regarding
animal control regarding facilities and costs. In the long term, this is something Marana should
engage in with other cities and towns in Pima County. But at this time, we have no alternative
but to work with Pima County regarding animal control. Staff recommended approval of this
particular IGA and then have some additional discussion as it relates to D2. Comments from
September 9, 2014 Study Session Minutes
Council Member Comerford requested that staff continue working with the County to identify
the costs the town is paying for. Mr. Davidson responded that staff from Marana and other
municipalities were invited to a meeting with Pima County a couple of weeks ago related to this
issue, and one of the questions raised was the additional services that residents are receiving over
an unincorporated resident not covered by the property tax municipal residents are already
paying. The response from County staff was that they really didn't know. It appears that there is
no enhanced service provided to a municipal customer. There is a lot of conversation that needs
to take place in the region as to how this is managed overall. Erik Montague highlighted the
financial impacts for this year and next year's budget. He noted that over the last 10 years the
town has spent over $300K. in additional costs for the services provided. The last bill received
was for $68, 407. We also received a supplemental bill for the temporary holding structure for
about $13,500. Although we have been budgeting for an anticipated shortfall, this year's budget
is for $50K. If this resolution is approved tonight, staff will be bringing a budget adjustment
back to Council, reallocating existing funding capacity. We will need to rove some existing
capacity to pay for the $68K.. Last year it was $39K. for FY 2012.2011 was $47K, and 2010 was
$48K. So the shortfall has been hovering around $50K, and the shortfall is the difference
between revenues generated against the cost of service. The additional costs incurred has a direct
impact on our community. Council Member Ziegler asked if there were caveats in the IC A
requiring the county to notify the town if additional costs before requesting payments. Ms.
Sklar indicated that the agreement as written and as has been written states that we are
responsible for administrative costs and services. The issue is what constitutes administrative
costs. There is no provide that says the county can't charge us more than a certain amount. The
collective community discussion as communicated to Mr. Janes from animal control a few weeks
ago is that this is unacceptable and not how business should be done, and we need to be informed
when large expenditures are going to take place so that we can consider them in our budget
rather than after the money has been spent. Mr. Janes really did seem to hear the message which
was loud and clear. Every jurisdiction in the room reiterated the severity of the problem when
this was done after budgets were already adopted and that we did not have a place at the table
when these expenditures were considered. Another meeting was set for December for everyone
to come together again and talk about what's corning up in the next budget year. The
jurisdictions have agreed to meet independently of the county and discuss how we can make
ourselves heard. Mr. Montague added that the county is working to come as close to a no kill
shelter as they can, and that change in focus has resulted in the increased costs and also improved
accuracy of record - keeping attributable to the actual value of service received. Motion to
approve by Council Member Ziegler, second by Council Member Bowen. Passed 4--2 with
Council .Member Comerford and Mayor Ikon ea voting no.
D2 Relating to Animal Control; discussion and direction regarding request from Pima County to
amend Marana Town Code Title 6 (Animal Control) to allow Pima Animal Care Center to
release Marana pets to rescue organizations, including releasing healthy free roaming cats to
organizations that practice humane Trap/Neuter/Release, and to reduce the number of days the
shelter must hold licensed pets prior to placing them for adoption or humanely destroying there
from seven days to five days (Laine Sklar). Ms. Sklar indicated that this is representative of the
county's change in philosophy to be as much of a no kill shelter as possible. There is the option
of releasing animals to rescues and to releasing animals to rescues that practice
trap/neuter/release (TNR). The second part of the request is to reduce the number of days they
September 9, 2014 Study Session Minutes
keep animals in the shelter before releasing them for adoption. Most small municipalities in
Pima County have a seven -day hold although the state statute is five days. In their attempt to get
animals out of the shelter faster, they would like to reduce the number of days in the shelter.
Pinta County says that currently most licensed pets are picked up within five days. Council
Member Bowen asked if this was supposed to be a cost - savings or a way to avoid euthanizing
an animal. Ms. Sklar indicated that using the materials provide to Council and staff, it's not clear
how this is going to save money. It appears that it will actually cost money. It also appears to be
a way not to euthanize the cats. There are proponents and opponents on the efficacy of the TNR
provided a number of articles for Council's review, and the county didn't really provide anything
in support of TNR.. Mayor Honea indicated he didn't have a problem with shortening the
timeframe to hold licensed animals, but asked if the motion could be split to approve that issue
but not the other. Council Member McGorray asked for an explanation of the Petsmart grant the
county was awarded to participate in this program through an agreement with Best Friends
Animal Society which is an animal rescue organization. There is an out-of-pocket cost. At this
point there is $600K allocated this year for spay /neuter programs through the county and $200K
of that will go toward this program. So the program isn't free but it is part of the Petsmart
charities. Ms. Sklar also reached out to other jurisdictions about the request to revise their codes,
and the City of Tucson and Sahuarita spoke very strongly against it. Neither of there will be
participating. Oro Valley has not changed their code, although she was not able to get a position
one way or another. Sahuarita did adopt the IGA and they are exploring other options. They did
not approve any ordinances to adopt TNR. They did approve that their animals could be released
to other rescue organizations. That is an option for Council. Discussion ensued among Council.
Motion by Council .Member Comerford, second by Council Member Bowen to make no motion
or amendments to the town come. Passed 6 -0.
D3 Relating to Parks and Recreation; discussion, consideration, direction and possible action
regarding the development and construction of the Marana Heritage River Park (Tozer. Ellis).
Frank Cassidy noted that before any action is taken, he wanted to read into the record from a
document from attorney Susan Goodwin, our outside Council, regarding an Open Meeting Law
violation. He then read into the record the email dated July 28, 2014 front. Council Member
Ziegler to Vice Mayor Post and Council Members Kai and Bowen that was the subject of the
Open Meeting Law violation. The violation purports to propose certain action by a majority of
the Council outside of a publicly noticed Council meeting. This document is being made public
prior to a final action being taken on the matter. The email itself was read into the record.
Council Member Comerford requested that the report be forwarded to the Attorney General.
No action on the request by Council.
Mr. Davidson led the discuss, noting that this is an update on a number of focus areas within the
Heritage River Park. Jennifer Christelman then gave a PowerPoint update on the whole park
and brief updates on some of the projects at locations throughout the park and then leave it to
Council to provide direction. The design concept report has been completed for the park -- the
farm, the plaza, active recreation area and the ranch. Staff has requested bond funding from
Pima County per previous Council direction. As staff works through the costs for the project,
new information will be brought to Council on the splash pad. No additional action has been
taken on the heritage ranch, as no funding has been allocated in the budget process or from
September 9, 2014 Study Session Minutes
outside funding. So it sits at the original design concept report. Mr. Davidson gave an update
on funding options and public involvement to date. This update is in response to Council
Member Bowen's Council - approved recommendation to come back with funding concepts as
well as a public outreach plan. The first option is a secondary property tax approved by the
Council and then approved by Marana voters. The second option is a dedicated sales tax
approved by Council from a quarter cent to a half cent. The quarter cent would generate a little
of $2.3M a year based on today's estimated sales tax collection. A half center would be about
$SM of additional revenue. The third item was discussed over a year ago when we were dealing
with the landfill and where those dollars would be allocated. The money coming in from the
landfill is broken up into two components. one is going into the re- pavement of Avra valley
Road, and the other half is for a fund that could be for landscaping or general community
cleanup. Those funds are not restricted by Council covenants and could be dedicated to the
heritage park. Roughly $300 -350K is generated annually from that. And then new sales tax
generated means that as new businesses come online such as the mall, rather than allow that to
get incorporated into the general fund for other town purposes such as paying back whatever is
used for the heritage park if there was to be debt issued. Those are the four primary options. Not
listed is using the town's reserve account which could be used within the town's policy
measures.
Next he discussed a public outreach plan if the Council wants to move forward in that direction.
This is patterned similarly to the police facility by talking to all groups within the community.
We would need to refine the elements and the scope of what is to be funded as part of the master
plan. In conjunction with talking about the police facility, we could add a piece about making an
overall investment in parks. There would be broader community appeal in talking about all
parks, of which the heritage park would be a major component of that. The third thing would be
corning back to Council at a public hearing. This is a template and could be modified.
Discussion and a request for direction followed. Mayor Honea stated that the heritage park
concept was to preserve our heritage in farming or ranching. He would hate to abandon the park
entirely. A lot of improvements that have already been done have been paid for within impact
fees. The biggest issue is the ranch and what to do about it. We have heard about a phased
concept to get some things going, including what interest there is in an arena from the
community.
Teri Murphy and Kitty Wayne spoke on behalf of community members involved in and
supporting arena and heritage events. Ms. Murphy gave an overview of current facilities and
organizations using the arena and associated costs. She indicated that there is a need and a desire
for an arena in Marana, but perhaps not a covered arena at this time. She would be willing to
work with staff to research building and funding a facility. Ms. Wayne has also been involved
in similar organizations as Ms. Murphy. She has booked arenas for several years and prefers to
have their events at the same arena. She indicated that a smaller arena that would hold 100 -200
people in Marana would be booked on a consistent basis for various clubs and organizations. A.
normal use fee for an arena outside of Marana is $500 per event. In response, Council Member
Bowen thanked both Ms. Murphy and Ms. Wayne for their comments and their passion.
However, in addition to the costs they mentioned, the land at the heritage park requires
significant remediation if that is, in fact, the right location for an arena. His principal objection is
September 9, 2014 Study Session Minutes
to the timing of the project, not whether it's worthwhile. we are facing some significant costs for
projects that we can't delay — public safety, transportation, sewer. These projects could generate
significant revenue for the town and make available monies to do projects like the arena. His
recommendation is not to abandon the project, but to table it for a year or so. He further
indicated that his view isn't the only way to look at the project. From a community perspective,
we take in revenue from a number of different sources and allocate them to make life better for
our citizens, not to make a profit. where are we standing with the budget relative to the project
costs for the sewer system, how is that bringing down our reserve fund and everything else that
matches up to it? She doesn't have a problem moving forward in a phased manner. we were
told by staff and outside consultants that the land for the arena at the heritage park is sufficient
space for the community events we want to have.
Mr. Montague indicated that he would be bringing an update to Council next week on the
preliminary numbers for FY 2014. At the end of 2013, we ended up with roughly $10.9M in
reserves. For the FY 2015 budget we anticipated adding about $1.7M in reserves to get us to
about $22.6M. we now anticipate a modest increase to that of another $3M to reserves for the
2014 audit cycle. These are preliminary and subject to any adjustments that may be found. we
did incorporate another $2M in contingency as part of the budget. There has been no `spend' on
the sewer project, but the design is in process.
Council Member Ziegler gave a handout of Marana Current and Future Projects. She then
proceeded to enumerate current projects and their associated costs. Also included were events
that will financially impact Marana residents for which we have no control, as they are driven by
the state or the county. we should be paying debt down. She suggested putting a Request for
Quote out to the private sector. She is not against the park and has been for the park, but there is
no money at this time, and this isn't the time.
Council Member Kai stated that the bottom line is that there just isn't money for the arena. we
have other pressing issues. His concern is the debt per capita compared to other jurisdictions.
We have to be very careful with our spending and prioritizing projects. He doesn't have a
problem getting a hybrid started.
Council Member Bowen stated he agreed to the $2M set aside as to capacity and still thinks it's
a good idea. other issues have come to light since that decision which has made him leery of
spending that, but he still thinks it's a good proposal and good that it's in the budget.
In response to a question from Council Member Bowen, Ms. Christelman stated that there were
a couple of different alternatives to immediate funding. Staff looked at phasing the project as
well as an item by item assessment of what could or didn't have to be included, such as grading,
the initial utility installation and putting up a temporary arena. Council Member Bowen asked
for the costs for grading and utility. The Trico number was reduced to $450K which was a
substantial savings. The site work and grading for the drainage, which was an issue, reduced to
$1.5M. Although that number may seem high for grading, there were many constraints as
presented at a previous meeting. In addition, we are trying the balance the earth work for the
entire 160 acres, which does include some of the grading for the park. Council Member Bowen
September 5, 2014 Study Session Minutes
asked about the utilities for the restrooms. Ms. Christelman said there were some numbers for
sewer connections and running the water lines which would be about $2M.
Mayor Honea asked for numbers on the debt. Mr. Montague stated that both the debt of the
town and component units, so it includes the general obligations bonds of the improvement
districts as well as the Tangerine Farms Road Improvement District -- about $20M. The CFDs
are around $1OM. Those are included in Marana debt even though other entities are paying. The
town found it important to deliver a number of major projects over a short period of time which
contributes to the overall debt. He then gave a more detailed explanation of the debt obligations
and remedies for all parties.
Council Member Comerford asked about the temporary arena being set up by University of
Arizona and other community partners for the upcoming Harvest Festival and whether we could
look into a temporary facility an option until we can fund a permanent facility?
Mr. Davidson indicated that he would have hard numbers related to the splash pad to bring back
to Council in about a month. Mayor Honea asked if anyone wanted to make a motion for
direction to staff on the issue.
Mr. Davidson reiterated that the farm has been completed, and no decision is needed for that.
Regarding the splash pad, the design will be going out to bid. when we have hard numbers,
we'll bring those back to Council for approval as we know we'll be a little short of what was
previously presented. No decision has to be made on the ranch. If everyone is comfortable
moving forward with community partners for a temporary arena, we can certainly explore
options.
After additional discussion, Council Member Comerford made a motion to request staff to
work with community members for an alternative solution for a temporary (arena) and bring
back the findings to Council to decide then if the temporary structure is financially solvable
compared to what we're doing now. There was no second to the motion.
Mayor Honea agreed with Mr. Davidson bringing back hard numbers within the next few
weeks. we do need to try and work with the community.
Council Member .Ziegler made a motion, seconded by Council Member .alai, to defer funding
for expenditures on the Heritage Ranch for a year and work to find altern ative fun ding or
more fun ding for the ranch, During that time, private fun draising can be pursued. Motion
failed 3-3 with Council Members Comerford, Mc Gorray and Mayor Honea voting nay.
Mr. Davidson indicated that when he brings the numbers back for the splash pad, if there is
other interest, we can talk about it per Council, but at this time we will not have further
presentations on the heritage ranch until further direction from Council. we will continue to
work with the community as we have on special events and other opportunities.
September 9, 2014 Study Session Minutes
EXECUTIVE SESSION
Pursuant to A.R.S. § 38-431.03, the Town Council ma vote to g o into executive session, which
will not be open to the public, to discuss certain matters.
El Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council ma ask for discussion or
consultation for le advice with the Town Attorne concernin an matter listed on this
a
FUTURE AGENDA ITEMS
Notwithstandin the ma discretion re the items to be placed on the a if three
or more Council members re that an item be placed on the a it must be placed on the
a for the second re Town Council meetin after the date of the re pursuant to
Marana Town Code Section 2-4-2(B).
ADJOURNMENT. Upon motion b Council Member McGorra second b Council Member
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Bowen, the meetin was adjourned at 7:59 p.m. Passed 6-0.
CERTIFICATION
I hereb certif that the fore are the true and correct minutes of the Marana Town Council
meetin held on September 9, 2014. 1 further certif that a q uorum was present.
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Jocel Bronson, Town Clerk
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September 9, 2014 Stud Session Minutes