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HomeMy WebLinkAbout05-17-2016 Regular Council Meeting MinutesMARANA TOWN COUNCIL... REGULAR. COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council. Chambers, May 17, 2016, at or after 7:00 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 REGULAR COUNCIL MEETING FALL 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 Anna Marie Arenas on behalf of the American Legion Auxiliary — Poppy Program.. APPROVAL OF AGENDA. Motion to approve by Council Member Kai, second by Vice Mayor Post. Passed unanimously. CALL TO THE PUBLIC. Anna Marie Arenas, spore on behalf of the American Legion Auxiliary Poppy Program. David Morales announced that there would be a Run to the wall event coring through Marana Thursday morning at the Marana exit. Also, the DAV and VFW will be placing wreaths on military graves at both the Marana Cemetery and the new Veterans Memorial Cemetery in Marana on Memorial Day. He also expressed concern that the town be prepared for the Zika virus which he said is scheduled to affect Marana in July and August. PROCLAMATIONS. Mayor Honea noted that the proclamation would be included in the permanent record but was not read. Proclaiming May 15 W- 21, 2016 as National Public works week (Jocelyn C. Bronson) May 17, 2016 Regular Council Meeting Minutes MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Comerford noted that she is hosting a fundraiser for homeless veterans in honor of Memorial. Day. Anyone interested in participating can see her after the meeting. Mayor Honea reported on the 10"' anniversary of the RTC. which was held at the La Paloma hotel. MANAG"ER'S REPORT: SUMMARY OF CURRENT EVENTS. No report. PRESENTATIONS PI Relating to Community; an overview of a 'Transportation Art by , Youth public art project to be installed on Tangerine Road, including a presentation of the design by the artist. (Tony Hunter) Mr. Hunter provided background information and introduced the members of the Citizens' Forum ad hoc committee who participated in the selection of the location and design for the art prQj ect. He then presented the design concept and criteria and introduced the artist, Mr. Trevor O' Tool. The art is metal sculpture of three deer and is expected to be installed by the summer of 2017. The art will be placed along Tangerine Road near Camino de Oeste and the new Tangerine Slay Community Parr.. CONSENT AGENDA. Motion to apl)rore by Vice Mayor Post, second by Council Member Ziegler. Passed unanimously. C I Ordinance No. 2016.005 : Relating to Traffic and Highways; amending the Marana Town Code, Title 12, by repealing Town Code Chapter 12 -5, entitled "Solicitation of Employment, Business or Contributions from Occupants of Vehicles Traveling on Town Streets and Highways "; and designating an effective date (Libby Shelton) C2 Resolution No. 2016 -047 Relating to the Police Department; approving and authorizing the '"Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson and the Town of Marana to receive funding under COT Grant Number HT-16 -2605 (Lisa Shafer) C3 Resolution No. 2016-048 Relating to Administration; approving the transfer of up to 10000 in budgeted expenditure authority from the RICO planning and design line item to the RICO capital equipment line item in the fiscal year 2015 -2016 budget for the purchase of body worn camera systems for the Police Department and first year maintenance costs (Erik Montague) C4 Resolution No. 2016 -049 Relating to Personnel; approving and adopting amendments to the 'Town's Personnel Policies and Procedures, revising Chapter 3 - Classification and Compensation, Chapter 4 — Employment Benefits and Leaves, and Chapter 6 — Performance Management and Employee Development (Curry C. Hale) C5 Resolution No. 2016050 Relating to Development; approving and authorizing the Planning Director to execute and record an amendment to General Note No. 7 on the cover sheet of the .Anderson I Johns Final Plat, Lots I and 2 to clarify building setback requirements and provisions (Brian Varney) May 17, 2016 Regular Council Meeting Minutes C6 Approval of the May 3, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Relating to .Alternative Expenditure Limitation (Home :Rule option); rescinding the Town Council's March 1, 2016 motion to hold a special election in March 2017 for purposes of referring an Alternative Expenditure Limitation measure to the qualified electors of the Town and directing staff to take necessary action to place the Alternative Expenditure Limitation measure on the ballot for the November 2016 general election. Presented by Jane F'airall. Ms. Fairall noted that during the presentation made on March 1, staff requested Council approval to hold a special election for the Alternative Expenditure Limitation in March 2017. Since that time, staff has been made aware that the Arizona Constitution requires that this election be scheduled at a regular election. The original action taken by Council was made by motion without a resolution. Staff is asking Council to rescind that motion and direct staff to proceed with an election. at the General Election in November because we have exceeded the time permitted to get the item on the Primary ballot in August. She asked that the suggested motion be read verbatim so that it is perfectly clear what we are doing. Motion by Council Member Bowen to rescind the March 1, 2016 motion to hole/ a special electron in March 201 7 for the purposes of referring an Alternative Expenditure Limitation measure to the qualified electors of the Town and to direct staff to take necessary action to place the Alternative Expenditure Limitation measure on the ballot for the November 2016 General E4 kpetion. Seconded by Council Member Mc Gorray. Passer/ unanimously. A2 ordinance No. 2016.006 Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule; and designating an effective date. Presented by Erik Montague, who discussed proposed changes to the town's comprehensive fee schedule. on March 8 staff presented Council with proposed changes as part of the annual process to ensure that the costs we are charging reasonably reflect the costs of service where that is appropriate. we look to continue to eliminate errors, add clarification language and increase the emphasis on streamlining some fees and how they are packaged. Based on the tinning of that effort, staff was not able to fully vet all of those ideas, and anticipate that should these be adopted tonight, staff may need to come back to Council at some time during the next fiscal year to ask for consideration of additional clarifications and/or fee changes. The changes before Council tonight are directly tied to the proposed changes brought forth on March 8. As required by statute, staff did provide notice of the proposed changes. As we have in the past, staff did reach out to both the Southern Arizona Horne Builders Association and the Metropolitan Pima Alliance and provided them as opportunity to review and comment on the changes. Questions were discussed with our development services group and were resolved at that time. The changes tonight would become effective July 1, 2016. May 17, 2016 Regular Council Meeting Minutes Motion to approve by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. Resolution No. 2016-051 Relating to Finance; declaring as a public record filed with the Town Clerk the amendments to the Town of Mar ana Comprehensive Fee Schedule adopted by Ordinance No. 2016.006 (Erik Montague) Presented by Erie. Montague. .Matron to approve by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. A3 PUBLIC HEARING: Resolution No. 2016052 Relating to Budget; adopting the fiscal year 2016 -2017 tentative budget (Erik Montague). Mayor Honea opened the public hearing. Mr. Montague presented an overall summary of the tentative budget, noting that this is a structurally balanced budget. It does continue to contain a very important resource to our community, which is the contracting sales tax. Seventy -five percent of that is still being diverted into the transportation fund as bound by preceding resolutions. we do anticipate in a future legislative session that they may make another run at the construction sales tax. The League of .Arizona Cities and Towns has already told us to be prepared. rl "onight's budget does contain contingency funding. This is expenditure authority, but it does require Council approval to be used. The budget as presented provides and estimated ending balance of about $21.5M and excludes an anticipated contingency. From a budget perspective, we establish a target reserve of about 25% which will put us above 52% which is a very healthy reserve. Mr. Montague noted that about 7.3 FTE's are being added, bringing us to 346 employees. He then reviewed the positions and noted that they are the same as were presented in the Manager's Recommended :budget. Next, he reviewed the portfolio of investments, both to employees and in regard to various tools and resources that are required to advance the services that we provide. Included are team performance adjustments which will be up to a 3.5 percent pay adjustment to those employees who exemplify and advance the cultural values and strategic plan. For employees who are at or near the top of their range, a portion of that may come in the form of a lump sum. There will be a pay administration document that will be attached to the final budget with eligibility information as well as timing of the payments and other administrative information related to those adjustments. Mr. Montague then referred to the detailed schedules included in the Council packet. In the general fund we are anticipating about a 5.4% increase. There were no speakers from the public or comments from the Council. There are some changes to the CIP budget related to large projects such as the Tangerine Road widening. There are also changes in the debt service piece. Part of the original debt to get into the wastewater treatment business was related to prepaid or capitalized interest so that we didn't have to make a debt service payment for a period of time. We will have to make debt service payments this year. Next year we will have to make a principal and interest payment. There were no major changes to the enterprise funds. Internal service funds are health funds, and most of that change is due to offsets between increases on the health side and some other offsets on the dental side. Special purpose districts, specifically Community Facilities Districts and a road improvement district are discretely presented proponent units within our financial statements and are included within our budget. May 17, 2016 Regular Council Meeting Minutes Overall, we are looking to increase by $25M or 17 %, from about $145M expenditure limit to about $170.1 M. And most of that change is attributable to the capital prof ects funds which is continued to describe. once the budget is approved it would set our expenditure limitations. At that point the budget cannot be increased; however, it can be reduced prior to the adoption of the final budget on June 21. Mr. Montague responded to various questions from Council, including a question regarding the Public Safety Personnel Retirement System funding mechanism. There were no speakers from the public. Mayor Honea closed the public hearing. Motion to approve by Council Member Bower, second by Council. Member KaL Passed unanimously. A4 Resolution No. 2016-053 Relating to Public 'Narks; approving and authorizing the Mayor to execute an Acquisition Agreement & Administrative Settlement and the Town Engineer to execute all other documentation necessary for the purchase of property rights needed from TIF Tangerine Group, L.L.C. for Tangerine Corridor /Tangerine Road, Twin Peaks to La Can'wada Drive, Town of Marana Project No. ST021). Presented by Frank Cassidy, who noted that the full settlement agreement is contained within the Council packet. In terms of the negotiations and justifications of why we recommended an administrative settlement above the appraised value, he would be happy to discuss that further in executive session. Council determined that no executive session was necessary. Motion by Vice .Mayor Post, second by Council Member McGorray. Passed unanimously. A5 Resolution No. VFCFD 2016 -01 [Marana rrown 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, approving a tentative budget for fiscal year 2016-2017 pursuant to A.R.S. §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. He noted for this and for all community facilities districts, statute requires that before July 15 of each year the district treasurer bring before the Board for consideration a proposed budget for that new year. The budget includes anticipated costs for the operation and maintenance of the district as well as any capital improvements that may be financed by some type of funded debt should that be applicable. It also provides for a modest secondary property tax for operations and maintenance. It also provides some capacity for additional interest. It's anticipated to be an inactive budget for this development for the next year. The proposed budget does provide for expenditure authority up to $32,194 for the next year. Should this be approved tonight, staff will provide the required public notice. Motion to approve by Board Member McGorray, second by Board Member Kai. Passed unanimously. May 17, 2016 Regular Council Meeting Minutes A6 Resolution No. SSCFD 20I6-01 [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 2016 -2017 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 Drill Montague, who noted that although this development is known as Saguaro Bloom, the community facilities district will always be known as Saguaro Springs CFD. Statute requires that before July 15"' of each year the district treasurer bring before the Board for consideration a proposed budget for that new year providing expenditure capacity for the maintenance and possible issuance of debt at some time during the year. Approval of the budget doesn't automatically authorize the district to move forward with any debt issuance until coming back to the Board through a formal process. Approval of the item sets in motion a public notice required by statute before the final adoption of the budget on June 21, 2016. The proposed budget establishes a limit of $4,892,000. Motion to approve by .Board Member McGorray, second by Vice Chair Post. 1 assed unan into usry. A7 Resolution No. GFCFD2 2016 -01 [Marana Town Council acting as the Gladden Farms (Phase 11) 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 2016 -2017 pursuant to A.RS §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 Eril{ Montague, Statute requires that before July 15"' of each year the district treasurer bring before the Board for consideration a proposed budget for that new year providing expenditure capacity for all costs associated with the maintenance of the district including any costs associated with some type of debt issuance. This district is all agricultural at the present time and is not anticipated to have any significant activity during the year, so the only portion of May 17, 2016 Regular Council Meeting Minutes the property tax that is levied is the operation and maintenance portion. Based on its current valuation, it's very minor other than for publishing of statutory notices for the district. Motion to approve by Board Member McGorray, second by Board Member ,Ziegler. Passed unanimous y. A8 Resolution No. GFC✓FD 2016 -01 [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 2016-2017 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 the budget includes all associated revenues and costs for maintenance and operation of the district including possible acquisition of capital improvements to be financed by future debt. The proposed budget also includes the anticipated levy of $2.80 for every $100 of assessed valuation for the next year. That amount includes $30 for operations and maintenance and $2.50 for the debt portion. The budget is incorporated within the appropriate Auditor General schedules and includes the required notice of the next public hearing on June 21, 2016. Upon approval tonight, the budget authority would be $2,248,144 and does provide for capacity to issue debt upon board approval. Motion to approve by Board Member McGorray, second by Board Member Bowen. Passed unanimously, ITEMS FOR DISCUSSIONIPOSSIBLE ACTION Dl- 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 reported that overall, the legislative session was positive for cities and towns. The Governor signed the census bill which will increase revenues for the town. One of the bills that went forward which the town had concerns about related to water utilities. The bill that was going to allow the private sector to create community facilities districts did not advance. EXECUTIVE SESSIONS. .Motion to go into executive session at 8:06 p.m. on items E3 and .(4 by Council Member Bowen, second by Council Mc- xber McGorra Y. Passed zrnaninlouslyo 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. May 17, 2016 Regular Council Meeting [Minutes E2 Executive session pursuant to A.R.S. § 38-431.03(A)(4) and (7) to discuss with the Town's attorne and representatives the terms of a proposed purchase of Tan Road ri of-wa from T/F Tan Group, L.L.C. (this item relates to and should occur before Council Action item A4 on toni a E3 Executive session pursuant to A.R.S. § 38-431.03 for discussion and consultation with, and instruction to, the Town's attorne re the notice of claim filed a the Town b DTD-DEVCO 10, L.L.C. b letter dated October 22, 2015, and supplemented b letter dated October 26, 2015. Mr. Cassid asked for a motion to authorize the Town Mana and staff to proceed as discussed in executive session. Motion to proceed as discussed in executive session b Vice Ma Post, second b Council Member Bowen. Passed unanimousl E4 Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) to receive le advice and consult with the Town's attorne re the lawsuit entitled Mario Valencia v. Town of Marana, et al, United States District Court No. CV-00087-RCC. Mr. Cassid asked for a motion g ivin g authorization to outside counsel to proceed in the manner as discussed in executive session. Motion to proceed as discussed in executive session b Vice Ma Post, second b Council Member Kai. Passed unanimousl FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn at 8:22 p.m. b Council Member McGorra 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 17, 2016. 1 further certif that a q uorum was present. all el C. onson, Town Clerk Ak ANA z Z 0 Ma 17, 2016 Re Council Meetin Minutes