HomeMy WebLinkAbout03-01-2016 Regular Council Meeting Minutes' O' � .
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REGULAR C:OUNC:IL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 8553
Council Chambers, March 1, 2016 at or after 7:00 PM
Ed Honea, Mayor
1on :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 7:00 p.m.
Town Clerk Bronson called roll. All Council Members were present.
I "L:TDGE OF ALLEGIANCE /INVOCATIONIMOMENT OF SILENCE. Led by Mayor
Honea,
APPROVAL OF AGENDA. Motion to al)prove by Council .1 evniber Bowen, seconded by Vice
Mayor r Post. Passed unanimously.
CALL TO TI-I.T PUBLIC. Eric Jamison and Timothy Flemming, spoke to Council about a
criminal justice school. project they are working on called the Sara Model. They described what
the Model is how they gathered info rmation for the project which would be to provide signage ill
the Santa Cruz River for homeless to be aware of possible flooding. They came before Council
to ask how they would get assistance from the town for the signage. Mr. Davidson responded
that he would be happy to meet with them as there were other students , working on a similar
project who lie has been working with.. David Morales spoke regarding using the upcoming
election to put a ballot measure before voters to make the town a city during the upcoming
election.
I'ROCLAMATI ONS
March 1, 2016 Meeting Minutes
I Proclaiming March 3, 2016 as St. Baldrick's Day in Marana (Jocelyn C. Bronson)
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council
Member Comerford reminded everyone that Founders' Day is this coming weekend at Ora
Mae ffarn Park. Council Member Ziegler reported that she attended the opening of Fisher
Douse located on the VA campus in Tucson. Council Member McGorray reported that she is
back in good form after her previous health issues. Mayor IIonea reported on a meeting with
Arizona Youth Partnership. Their venture has been very successful, and they are running out of
room for their open Doors school which is located on the former site of the Marana Health
Center. He also met with the southern Pinal County Mayor's group last week. The Tangerine
Road groundbreaking is next week on March 8 at 10:30 a.m.. That will be an all- weather road
from La Canada to Dove Mountain.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson noted two
special events coming up. one is Founders' Day with a parade, .food and community booths and
music. At the end of the month is a ceremony to open the new Veterans' Cemetery on March 26.
This will be an important addition to our community. on March 18 is the Columbine II send -off
event, the first Air Force one which has been located at the Marana airport for a number of
years. It was recently purchased by a company back east who is restoring the plane, and several
dignitaries will be on hand to bid the aircraft bon voyage, including one of President
Eisenhower's granddaughters and a pilot currently flying Air Force one planes to talk about then
and now.
PRESENTATIONS
P f Relating to Boards, Commissions and Committees; discussion, consideration and possible
direction regarding recommendations from. the winter 2016 Marana Citizens' Forum on the topic
"Smart City Technology" (Jocelyn C. Bronson). Introduced by Ms. Bronson, who has co-
facilitated the Forum with Heath Vescovi over the past two years. Forum delegates present stood
to be recognized, and then Ms. Bronson introduced Nick Coury, the Forum presenter of the
recommendations. The final recommendation to Council was to develop a technical advisory
committee, modeled in part after Envision Charlotte. The goal of the committee would be to
develop an overall strategy used to preserve natural resources, support economic development
and aid in the delivery of services, especially with public safety. "I"o assist the committee, town
staff would identify challenges which could be prioritizing technological needs, identifying an
area of development and analyze the sustainability of the plan. In that regard, it was
recommended that the town partner with other agencies and private sector entities, begin by
converting low energy products throughout the town and install. communication conduits during
road construction to absorb some of the installation costs. No action was necessary by Council.
CONSENT AGENDA. Motion to approve b Council Member McGorrcty, second ky Council
Member Ziegler. Passed unanimously.
C:I Resolution No. 2016-020 Relating to Utilities; approving and authorizing the Mayor to sign an
Agreement for Construction of water Facilities under Private Contract for the willow Vista
subdivision (John - .Kmiec)
March 1, 2016 Meeting Minutes
C2 Resolution No. 2016 -021. Relating to Community Development; authorizing the Chief of Police
to apply for grant funding from the Governor's office of Highway Safety for the purchase of
equipment and the funding of overtime for the Marana Police Department for fiscal year 2016-
2017 (1,isa Shafer)
C3 Resolution No. 2016 -022 Relating to Public Works; authorizing the acquisition by negotiation
or condemnation of lands and property rights needed for the Tangerine Corridor /Tangerine Road,
Twin Peaks to La Canada Drive, Town of Marana Project No. 2005 -061 (RTA ST021) (Frank
Cassidy)
C4 Resolution No. 2016 -023 Relating to Public Works; approving and authorizing the Mayor to
execute an Intergovernmental Agreement between the Pima County Regional Flood Control
District and the Town of Marana for Construction and Maintenance of the Saguaro Bloom Sewer
Line Under the Lower Santa Cruz Levee (Frank Cassidy)
C5 Approval of February 16, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson)
LIQUOR LICENSES
L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and
Control regarding a new series #12 restaurant liquor license application submitted by Kevin
Arnold Kramber on behalf of Chuy's Mesquite Broiler, located at 6741 N. Thornyd.ale Road
#121. Tucson, Az 85741 (Jocelyn C. Bronson). Presented by Ms. Bronson, who noted that the
application was properly reviewed and posted, and staff is recommending approval. Motion to
appro ire by Vice Mayor Post, second by Council Member Bowen. Passed unanimously.
L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and
Control regarding a new series # 10 Beer and Wine Store liquor license application submitted by
:l odi Lynn Vur. novas on behalf of Crood 2 Cro, located at 8 3 3 3 N. Cortaro Road, Marana, Az
85743 (.Jocelyn C. Bronson). Presented by Ms. Bronson, who noted that the application was
properly reviewed and posted, and staff is recommending approval. Motion. to approve by
council Member Bowen, second by Council Member Ziegler. Passed unanimously.
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Al Resolution No. 2016024 Relating to Public Works; approving and authorizing the Town
Engineer to execute an Acquisition Agreement & Administrative Settlement and all other
documentation necessary for the purchase of property rights needed from Penny Cardinal for the
Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project
No. ST021. (Frank. Cassidy). Mr. Cassidy noted that Council has previously authorized the town
engineer to sign contracts for the acquisition of property rights when those contracts are at the
appraised price. However, When there is a negotiated settlement, staff will put it on the Council
agenda for individual approval. This is the first of what will likely be several similar items on
future agendas for the Tangerine Road project. Mr. Cassidy will also place all executive session
March 1, 2016 Meeting Minutes
item on the agenda in case Council wants more detail on the negotiations. For this particular
acquisition, staff would be acquiring the property rights for $50K plus closing costs. The
appraised value was $26,200, and there was a significant drainage impact on the property from
the project, so there was negotiation about that as well as the price per square foot. Motion by
Vice Mayor Post, second by Council Member Bowen. Passel unanimously.
ITEMS FOR DISCUSSIONIPOSSIIILL ACTION
DI Relating to Alternative Expenditure Limitation (Home Rule option); presentation, discussion
and direction regarding extension of the alternative expenditure limitation for the Town of
Marana and the timing of the next alternative expenditure limitation election (Erik Montague).
Presented by Erik Montague and Chris Roads, the Registrar of Voters for Pima County. Mr.
Montague explained a little about the complications of bringing this 'tern forward a year early
due to the consolidated elections in August and November, the first time M:arana's ballot issues
have been intermingled with partisan issues on a combined federal, state and county ballot. Mr.
Montague's presentation began with an overview of the state - imposed expenditure limitation.
formula and how the limit grows each year based on population and inflation and the fact that the
imposed limit does not take into consideration service levels or needs placed on growing
communities such as Marana. Using the budget process and expenditure levels, we set our limit
on local priorities and the resources that are available to meet those priorities. Giving an
example, he noted for the next fiscal year, the preliminary state - imposed limitation on Marana
would be about $17.2M. To put that in perspective, the expenditures for FY 15-16's general
fund is at $40.8M. If we were bound by the state limitation, spending would be reduced by over
60 percent, significantly reducing services to the community. And the earliest date to bring the
Hoene Rule option back to the voters would be two years.
The Home Rule option was first approved by the voters in 1955 and has passed every four years
as mandated by state law since then. The state Constitution does provide for cities and towns to
set their own limit, but this requires voter approval. Although the current option is in effect
through FY 2016 -17, staff is bringing this before Council for consideration for the consolidated
election ballot for 2016. However, elections beginning in 2014 that are not candidate elections
may be held in March or May of the following year. Mr. Montague presented the pros and
cons, including costs associated with each of three options .for this ballot measure: the Primary
election in August, 2016, the General election in November, 2016, or a special election in March
or May of 2017. Mr. Davidson noted that we will have a cost for the Primary election; if no
candidates or measures advance to the General election, there will be no cost. If we hold a stand-
alone Special Election, there will be a cost. Chris loads addressed Council with some of the
tec hnical changes related to the elections for their consideration. The Council positions by state
law are going to be on the August /Primary ballot. He then itemized the pluses and minuses. Cost
is a factor, especially in the special election., where the town bears the entire cost of the election.
However, that election will. reach the most voters. In the Primary election, federal, state and
county issues are partisan. Marana issues are nonpartisan. Unless registered independents
declare a recognized party ballot or a Marana only ballot, they will not be able to cast a ballot in
the Primary election. And only registered independents who are on the Permanent Early Voting
List (PEVI...) will be contacted to choose one of those options.
March 1, 2016 Meeting Minutes
Of the 7,128 registered independents; 4,583 are on the PEVL. Using past elections as an. example
he stated that depending on the nature of the election only 5 -15 percent of registered
independents vote. In the 2014 Oro Valley election, only 105 voters requested the Oro Valley
only ballot. A few hundred did ask for one of the party ballots. Nearly one -third of Marana's
voters are registered independents, which could be a significant factor in determining where the
ballot measure for Home Rule option is placed. Mr. Loads then introduced the card stock for the
November General election, which could be up to two pages of legal sized paper and described
what the ballots may look like for the Primary and for the General elections. If placed on the
General election. ballot, the Home Mule option would be the very last item on the back page.
More voters would be voting, but the item would be subject to voter fatigue and does become a
significant issue particularly if the state does put on as many matters as they are considering this
year.
Vice Mayor Post asked for clarification :for the Special Election. If the town calls an all ballot by
nail election, every voter would receive a ballot and only one itern would be on the ballot. Vice
Mayor Post suggested that this is a critical issue and we might consider standing alone on this.
Council Members continued discussing the pros and cons, including how best to educate the
voters on the issue of Home Rule option. Ms. Bronson noted that the town pays for and mails
out the publicity pamphlet on. our ballot issues. Mr. Davidson noted that the publicity pamphlet
is formulaic and is constrained by statute as to what can be printed. Mr. Roads stated that the
County only issues a sample ballot, and all issues are printed with Marana taking only a small
portion. The pro and con statements would be coring from the town. Ms. Bronson continued
that staff is attending neighborhood meetings for public outreach on this and other town
concerns. we will have in on the town's website as soon as Council determines which
election they would like to have the item on the ballot. As Mr. Davidson stated, the language in
the publicity pamphlet is not always clear to the voter as to the issue, so we are hoping that the
website and future meetings with constituents will provide venues for being better informed.
Council Member :Bowen asked for clarification as to which ballot the state issues would likely
be placed. Mr. Roads indicated that it would most likely be the General ballot, making the
Primary ballot shorter. Council Member Bowen's prof erence leans toward putting the measure
on the Primary election, as does Mayor Honea's. Mr. Davidson stated that we will do whatever
we can to educate the public, but asked for Mr. Montague to review the consequences of this
item not passing at any one of these elections. After additional discussion regarding the
consequences of the item. not passing, a motion was made by Vice Ma or Post to take the I - Ionie
.yule Option to a special election in 2017. Second by Council .Member Kai. Mayor Honea
asked Ms..Bronson to poll tli e Council. The motion passed 5--2 with Mayor Hon ea and
Council Member Bowen dissenting.
The next motion was to select the election date. Motion by Vice Mayor Post, second by Council
Member Bowen to hold the special election in .Mardi 20.17. Mr. Davidson clarified the fiscal
impact for Council. we will have a Primary election cost. It is possible to have a General
election cost and then a Special Election cost. So in preparation of the town's budget, we will
program for the Primary and Special Election and then come back to Council for contingency
funding for a General election cost. The bill is expected to pass with full support of the speaker
who introduced the bill. The League has not been able to introduce any amendments at this point.
March 1, 2016 Meeting Minutes
D2 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 the other governmental bodies (Gilbert Davidson). Mr. Davidson gave update
updates on three bills of interest, including HB 2391, municipality water rates requirements
restricting cities and towns' ability to purchase water infrastructure. There could be an effort to
amend parts of the bill to work with Marana. The second bill is HB 2658 regarding Community
Facilities Districts. This would authorize a developer that has property in excess of 600 acres to
be authorized to form a CFD without town approval. The Council would be able to appoint two
members to that board, and the developer would have three members. The League has expressed
their concern, and many cities around the state have voiced their opinions. The last bill is HB
2483, the municipal population estimates bill. This passed the House and is moving on to the
Senate. This will be very important for bringing additional state shared revenue to Marana
because of our growth over the past number of years. Mayor Honea added that the TPT bill
appears to be dead this year, which will not affect our construction sales tax. HB 2483 has
support on both sides of the aisle and all members of the League. If that bill passes, it's worth
about $1.8M to Marana.
EXECUTIVE SESSIONS
El Executive Session pursuant to A.R.S. §38-43 1.03 (A)(3), Council may ask for discussion or
consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
E2 executive session pursuant to A.R.S. § 38- 431.03(A)(4) and (7) to discuss with the Town's
attorneys and representatives the terms of a proposed purchase of Tangerine Road right -of -way
from Penny Cardinal (this item relates to and should occur before Council Action item Al on
tonight's agenda)
FUTURE AGENDA ITEMS
ADJOURNMENT, Motion to adjourn by Vice Mayor Post, second by Council. Member
McGorray. Passed unanimously.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on March 1, 2016. I further certify that a quorum was present.
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ronson, Town Clerk
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March 1, 2016 Meeting; Minutes