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HomeMy WebLinkAbout07/24/2007 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 24,2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Mayor Present Herb Kai Vice Mayor Present Russell Clanagan Council Member Excused Patti Comerford Council Member Present Tim Escobedo Council Member Present Carol McGorray Council Member Present Roxanne Ziegler Council Member Present STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Jim DeGrood Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. C. APPROVAL OF AGENDA Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, the agenda was unanimously approved. D. CALL TO THE PUBLIC E. PRESENTATIONS 1. Presentation on proposed Special Events Ordinance (Jim DeGrood) Mr. DeGrood addressed Council and stated the town hosts a variety of events from bicycling racing to events in the park, concerts. These typically receive special events permits from the town. One of the challenges is they have noticed that they do not have as much authority to regulate these special events as they thought and as such, staff convened a committee to work on a special events ordinance. That committee consisted of representatives from police, public works, parks and recreation, town attorney's office, town clerk and town managerls office. They have put together a draft of the special events ordinance. They have attempted to put together a definition for special events that reads any public or private function that has a number of different conditions that are met. These conditions include requiring temporary parking, if its held in a public park, if it has amplified music or voices that can be heard MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 24,2007 outside of the event location, if it requires temporary traffic control, requires a special event liquor license, requires temporary sanitation facilities, if it involves the installation of temporary sanitation facilities, if it involves the installation of temporary structures or tents that are greater than a 120 sq. ft. or it has other adverse impact on public health, safety or welfare. They added to the requirements for the permit a series of exemptions and these exemptions are any school functions held at school facilities unless there is spill over anticipated and ordinary and customary events at a venue designed to accommodate them. The ordinance includes three definitions, one for the special event, one for a major event which is one that requires security services and traffic control and a definition for spill over. Vice Mayor Kai asked if it would be prudent to set a number on the event. That if the event has such a number it is considered a special event. Mr. DeGrood stated they looked at ordinances across the state. Some regulate as low as 50 people. He stated he thought that was extreme and excessive. They looked at 500, but as they went through it they struggled that there may be instances where they need to look at a different threshold. It was very difficult for them to establish that. They looked at the exemption of identifying venues that have the capacity to handle the event. They are not recommending a number. The ordinance contains an application procedure. It includes conditions and they have identified conditions for noise, sanitation, security, medical services, lighting, parking, traffic control, ensuring they have appropriate zoning and the signage is per land development code, sales and insurance. The ordinance also includes grounds for denial, waivers and violations and penalties. Noise is a common concern. They used the resort and recreation zone standards. They are not requiring a specific number as far as sanitation, but they need to be adequate and they can work with the vendors to provide that. Under security they give latitude to the Chief of Police to identify when additional security is going to be needed or required as a condition of a special event permit. They need to consider the nature of the permit. They need to consider the anticipated attendance and whether alcohol would be present and whether there would be any ticket or money handling. On medical services they would have to consult with the police and Northwest Fire Rescue. Regarding lighting if it is after dark and there has to be adequate illumination. There has to be adequate parking for the anticipated crowd without spill over. They also require dust control. On signage and zoning they refer to the land development code. Sales have been a concern of the finance department because they find the vendors aren't reporting their sales and aren't collecting sales tax and the same goes for ticket sales. One other element is that they are telling the applicants that they cannot sell tickets to an event until they have their permit. The insurance requirement is a million general liability insurance with the town name is an insured or as recommended by the Arizona Municipal Risk Retention Pool if they have reason to recommend a higher limit. In terms of penalties there is a distinction, one is a civil infraction and the other constitutes a misdemeanor. Upon motion by Council Member Ziegler, seconded by Council Member McGorray, direct staff to bring Ordinance back for final adoption was unanimously approved. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 24,2007 2. Presentation on the Marana Municipal Court reorganization project (Cedric Hay) Mr. Hay addressed Council and stated in February, 2007, the Arizona Supreme Court through its administrative office of the courts issued a directive which was intended to help judges, court staff and city officials resolve the most common issues involving the relationship between the municipal court and other parts of the city or town government. The directive consisted of 29 questions that were broken into five specific areas. The areas are supervision and management, budget and finances, personnel, facilities and records. In applying these answers that they provided to our town code, specifically Title 5, which establishes the municipal court, we are in compliance with most of their directives already. It was found that Chapter 5-3 which establishes the court administration department and the position of court administrator had this position answering to and being appointed by the town manager. According to the Supreme Court "employees of the court must be under the direct control and supervision of the presiding officer of each court." The court acknowledged "that the court should maintain its independence from the executive and legislative branches. This should be accomplished in a cooperative manner." The legal department has done additional research, spoken with court personnel and traveled with the town manager to speak with representatives of the administrative office of the courts in Phoenix. The changes to the code should be brought back before Council in late August. The administrative office of the Supreme Court offered services and a program called CourTools. This was created by the National Center for State Courts and if asked they are willing to help us apply this procedure. This is an evaluation process that is based on ten core performance measures. They handle the evaluation process. They conduct the service and give us the results of what they determine. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler stated there were about 40 people that came and attended the County Board of Supervisors meeting to support the town. She thanked Mary and Linda from Caliber. Council Member McGorray thanked everyone for their participation at the Board of Supervisors meeting. Mayor Honea stated they have put in a lot hours in meetings trying to talk to the public, business people and elected officials to make sure everyone knows what we are doing. G. MANAGER'S REPORT: SUMMARY OF CURRFNT EVENTS H. STAFF REPORTS 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 24,2007 GENERAL ORDER OF BUSINESS 1. CONSENT AGENDA 1. Resolution No. 2007-130: Relating to Building; authorizing the renewal of an intergovernmental agreement between the Town of Marana and the Office of Manufactured Housing within the Arizona Department of Fire, Building and Life Safety (Cedric Hay) 2. Minutes of the June 26, 2007 and July 10, 2007 special meetings. 3. Resolution 2007-131: Relating to real estate; approving and authorizing the Director of Public Works to execute certain Sewer Easements that the Developer inadvertentlyfailed to reserve when dedicating portions of Saguaro Springs to the Town ofMarana and to reserve an electric easementfor public andprivate use. Council Member Escobedo declared a conflict of interest on item #3. Upon motion by Council Member Comerford, seconded by Council Member McGorray, the Consent Agenda was unanimously approved. J. COUNCIL ACTION K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Discussion1possible action concerning the status of negotiations with Pima County relating to the termination of the 1979 intergovernmental agreement between Pima County and the Town ofMarana relating to sewer service within the Marana area. Mr. Reuwsaat thanked the community for supporting the town at the Board of Supervisors meeting. Their goals were to ask the Board of Supervisors not to approve the actions on the agenda and to work towards a negotiation process and they've added fifty percent. The county decided to designate the Marana waste water treatment plant as a park allowing the county of opt out of any Marana annexation. The town will now challenge, if Council approves, that designation by moving forward with the annexation of the Marana waste water treatment facilities. We are planning to build our own treatment facility to handle the current and future needs of the northwest area because the Luckett Road facility is only a small, temporary facility and it is in a location that cannot handle Marana's growing needs. The Board of Supervisors talked today about regionalism. Mr Reuwsaat stated unified county control of a countywide sewer system is not true regionalism. True regionalism is like the RTA style entity with multiple entities sharing in governance where a regional authority 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 24,2007 comprised of all local governments that provide water and waste water service controls and operates a combined area wide water and waste water system. That is how we would define waste water and water in terms of regionalism putting into the context of the RTA and TREO, not really the county controlled and owned sewer system. Marana is advocating control of the Marana waste water treatment facilities to keep water costs reasonable for its residents. Marana is the logical place for regional growth. Marana has ample and ideal land, previously developed available for businesses, industry and homes. Marana is in the Sunbelt corridor between Tucson and Phoenix. Development will occur in the future along this corridor as has been proven throughout the nation when you have similar corridors. We know that it is our responsibility to expect that there will be growth and development along that corridor, but to carefully plan for the resources that are necessary to meet the needs of that. Marana is pursuing the ownership of the sewer system for all of these reasons. Mr. Cassidy stated that as part of this item he would ask for several specific authorizations to move forward. The first is authorization to prepare a letter for the mayor's signature which would be sent to the chair of the Board of Supervisors with copies to other board members and other interested parties. This letter would lay out the Town's proposed negotiation strategy. It would respond to some of the statements that were made today to correct the record and lay out our position on some of those items. The letter would be to expressly authorize the county to continue to provide sewer service within the town and to collect all sewer user fees for that service until the town has its facilities up and running and able to take over those processes. He stated he is asking for the expressed authorization because of statements by Mr. Huckleberry to the homebuilders indicating that after the six months the authorization to continue serving is up in the air and therefore scared the homebuilders into thinking that they're going to allow no further hookups. This would make it very clear the county does have the authorization to continue to serve until the point that we are in a position to serve. Upon motion by Council Member Comerford, seconded by Council Member McGorray, the item was unanimously approved. Mr. Cassidy stated at today's Board of Supervisors meeting Board Member Sharon Bronson read a letter from Ned Norris of the Toliono O'Odham Nation in which Mr. Norris raised some concerns about the effects that the town's action of terminating the IGA might have relative to the Southern Arizona Water Rights Settlement Act. Mr. Cassidy stated they would like authorization to prepare a letter for the mayor's signature to Ned Norris and the Toliono O'Odham Nation explaining that for the geographic area, the basin which was the subject of the Indian Water Rights litigation for that area the Town of Marana is committed to and will set aside its proportionate share of those waters. Mr. Cassidy referred to the basin map. Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, the item was unanimously approved. Mr. Cassidy stated staff is requesting authorization to prepare a letter for the mayor's signature to the City of Tucson explaining the town's position relative to the Dove Mountain and Continental Ranch area systems. The statement was made this morning that if by terminating the agreement if the town ends up taking those systems that since those areas are 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 24,2007 served primarily by the City of Tucson that the town would actually be appropriating the city's affluent from those areas. The intention of this letter would be to reaffirrn that within the basin we are committed to setting aside the SAWARSA portion of the effluent for the tribes. The second part is to say that even though Arizona law would allow the town to keep the affluent once it operates a treatment facility for that area that the town is committed to water in, water out which means that the water provider that provides the water that comes back through the sewer system we agree that that water provider should take ownership of that affluent and that would be subject to them paying the costs of treating that water. We would offer that to the city provided they recognize that the town has that same right with respect to water that is now going into the Ina Road treatment plant. Right now the City of Tucson has not been willing to sign an agreement giving the town its portion of water that it provides through the Marana Water Department that ends up in the Ina Road treatment plant. The reason they haven't is they do not want to deal with that separately from the Marana plant. We want authorization to prepare this letter to make clear the town's intentions relative to water coming out of the Dove Mountain and Continental Ranch system. Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, the item was unanimously approved. Mr. Cassidy stated the last item is with respect to the county's action this morning to designate the Marana treatment facility and its surrounding areas as a park which the town believes is intended to block us from annexing the area. In response to that we do not believe that park designation is valid. Mr. Cassidy is asking the town be authorized to pursue an annexation that includes the Marana Waste Water Treatment Plant. Upon motion by Council Member Comerford, seconded by Council Member McGorray, the item was approved 5-0 with Vice Mayor Kai abstaining. M. EXECUTIVE SESSIONS. Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, Council convened to Executive Session. N. FUTURE AGENDA ITEMS 0. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Council voted to adjourn. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JULY 24, 2007 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July 24, 2007. I further certify that a quorum was present. celyn C ronson, Town Clerk 7