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HomeMy WebLinkAbout11/05/2014 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 5, 2014 at or after 7:00 PM Ed Honea, Mayor ,Ton 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 at7:0 1 p.m. Town Clerk Bronson called roll. Council Member Kai was excused, and Council Member .Ziegler arrived on the dais at 7:07 p.m. There was a quorum present. PLEDGE OF ALLEGIANCEANVOCATIONIMOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve as amended by removing item Ll by Council .Member McGorrcxy, second by Trice Mayor Post. Passe' unanimously. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the . jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities Nvvem er 5, 2014 Meeting Minutes I beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector/document reader. Pursuant to the Arizona open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may r espond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask: that the matter be placed on a future agenda. No speaker cards were presented. PROCLAMATIONS Proclamation: Proclaiming November 2014 to be American Diabetes Month The proclamation was not read but was made a part of the permanent record. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Bowen reported that he attended the grand opening of the new John Deere store, the Harvest Festival, the Pumpkin Patch and congratulated all who made those events huge successes. Council Member Comerford also gave kudos to staff on the Harvest Festival and noted that she heard that Marana is the third happiest town in Arizona. Council Member McGorray gave high praise for the success of the first Harvest Festival. Mayor Honea noted that in addition to the very successful Harvest Festival, he will be attending the groundbreaking event for the Marana Mall tomorrow, the ribbon cutting for the village Inn on Friday (and noted there will be a B aggins coming to that area), and on Saturday the groundbreaking for the new veterans' cemetery. This will be the third and final veterans' cemetery for the State. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson reported that Erik Montague is a finalist for the CFO (Chief Financial officer) of the region. Many of the Finance staff are attending the awards dinner this evening. This nomination is high recognition, and Mr. Montague is a huge asset to the town. Mr. Davidson also reported on the success of the Fall Festival. over 3000 attended the town's Heritage Park event with 5000 at both the Heritage Park and the Gladden Farms Park. Last, he noted that the Holiday Tree Lighting Festival is December 6. There will be some new additions to the event this year including a daily tree lighting show set to music through December 25. Also, the Council Executive Report is on the dais giving the October updates and accomplishments. PRESENTATIONS ..... . .......... .. November 5, 2�l4 Meeting Minutes 2 CONSENT AGENDA. .Motion to approve by Vice Mayor .Post, second by Council Member McCorray. Passed unanimously. The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. Cl Resolution No. 2014 -109: Relating to Emergency Management; approving and authorizing the Mayor to execute the Arizona Mutual Aid Compact on behalf of the Town of Marana (Lisa Shafer) C2 Resolution No. 2014 -110: Relating to Development; approving a release of assurances for a portion of Del Webb at Dove Mountain subdivision and accepting certain public improvements for maintenance (Keith B rann) C3 Resolution No. 2014 -111: Relating to Administration; providing that unpaid interns of the Town shall be entitled to Workers' Compensation benefits (Suzanne Maehain) C4 Resolution No. 2014-112: Relating to Utilities; approving and authorizing the Mayor to execute the corrected Sunset Ranch Water Service Transfer Agreement with the City of Tucson (Frank Cassidy) C5 Approval of Marana Regular Council Minutes for October 7, 2014 and October 21, 2014 (Jocelyn C. Bronson) LIQUOR LICENSE L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a person transfer and location transfer of a series 6 Bar liquor license submitted by Denise Marie Bora on behalf of Home Plate located at 8579 N. Silverbell Road, Marana, Arizona 85743 (Jocelyn C. Bronson) Removed. BOARDS, COMMISSIONS AND COMMITTEES B 1 Resolution No. 2014113: Relating to Boards, Commissions and Committees; approving and authorizing the reappointments of Joe Rielly, Gary Davidson and John Soper to the District Board of the Red Hawk Canyon Community Facilities District No. 2 (Jocelyn C. Bronson). Ms. Bronson addressed Council and reported that the District Manager for the Community Facilities ....... . November 5, 2014 Meeting Minutes 3 District had submitted a petition for re- appointment. This is standard procedure and staff is recommending approval. Mayor Honea also noted that this is one of the few Community Facilities Districts where the Board is not governed by the Council. Motion to approve by Tice .Mayor Post, second by Council Member McGorray. Passed unanimously. COUNCIL ACTION ITEMS FOR DISCUSSIONIPOSSIBLE ACTION D 1 Relating to Real Estate; discussion and direction regarding the use of Town property for cell towers /wireless communications facilities and collocation of wireless providers on Town -owned towers and structures; discussion and direction regarding pending proposals from Verizon for a wireless communications facility on Town property at Linda Vista Boulevard and Hartman Road, from T- Mobile for a wireless communications facility on Town property at Continental Reserve Community Park, from T- Mobile for tower and ground space at the Town's current telecommunications site located on Town property on Lon Adams Drive, and from Verizon for a wireless communications facility on Town property at the Marana Heritage River Park (Jane Fairall). Presented by Jane Fairaii, who noted there have been several proposals presented to town staff in recent months regarding placing wireless communication facilities on town property or putting antennas or other equipment on existing locations within the town, and that it has been a number of years since the Council has addressed this issue. She then discussed what is currently in place at various town facilities and the revenues the town is receiving from lessees on those towers. She then began discussing the pending proposals, noting that Council is not being asked to approve anything at this meeting. That would come at a later date in the form of lease agreements or conditional use permits. The town takes in about $4400 monthly, but under an agreement with the previous owner at 5100 W. Ina Road, until 2019 we are obligated to pay them a portion of the revenues we take in, so we're only realizing $2800 per month. we also have the land at Linda Vista and Hartman which we lease to Tower Development with revenues of $1863 per month. These are current amounts. The leases all have escalation clauses that can increase between three and five percent either annually or every five years. There are four pending proposals — two from Verizon and two from T- Mobile. Verizon would like to go in at Linda Vista and Hartman next to the Tower Development site with a compound similar to Tower Development. The second proposal is from T- Mobile at Continental Reserve Community Park adjacent to the water tank. ..................... ................................................................_............................................................................................ ............................I., I.,1...,1-1.._.11 ......... ....................._.. ............................... November 5, 2014 Meeting Minutes 4 T- Mobile's second proposal is for space on the tower at the municipal complex. Currently, there is only one lessee on this tower and T- Mobile would like to go on this tower and lease ground space for their equipment. This tower is actually owned by the Marana Municipal Property Corporation (MMPQ and leased back to the town, so the MMPC board would have to give approval for this lease. The last proposal is Verizon's interest in going up at Heritage Park. The proposal is for antennas to be located on the silos as well as a 20' x 30' area for an equipment shelter. Another possibility for Verizon would be to go on a Trico power pole at this location, but still locating the equipment shelter on park. property. Ms. Fairall stated that tonight's discussion is basically to determine the Council's interest in considering these proposals for wireless communication facilities on town property. The specifics of leases and conditional use permits would come later. Under the Federal Telecommunications Act when the town is acting in a regulatory capacity by regulating the use of private property, there are provisions about what can or can't be prohibited regarding wireless providers and services. But as a landowner, the town is not required to allow these sites on our property. we have more discretion in that area unless by not allowing it at our property, we violate the telecommunications act. Benefits of having it on town property, in addition to the revenue, there would be more control as a property owner than as a regulatory agency about what the site looks like. This would be done through the terns of the lease. She further noted that there is changing technology in the area of telecommunications. while a couple of the proposals are for more traditional towers, in the future there may be more requests for placing smaller equipment and antennas on different structures. So the first question to answer is whether we interested in discussing these proposals at all. And the second questions is: are there areas or sites or types of sites that shouldn't be considered. She then indicated town -owned property and potential sites for wireless communication. one of the sites is the airport. Anything at that location would have to comply with airport rules and FAA requirements. A couple of other issues for discussion are the legal process and a conditional use permit for the land use. The legal department recommends that we go through the lease process first and negotiate the terms before going through the conditional use process. Doing it this way could create a public perception that by Council approving a negotiated lease first makes the conditional use process a done deal. That is not true, but it would be hard to sway public opinion away from that. Staff proposes putting something in our standard lease agreement that says a conditional use permit is imminent. That process would still be required, and the lease could be terminated if the permits weren't obtained. The conditional use process is outlined in the Land Development Code and contains all the standards that are required to be met. Ms. Fairall reiterated the desire for Council's feedback and direction on the four proposals which she presented. She noted that Council would see these proposals either one or two more times if November 5, 2014 Meeting Minutes 5 they choose to go forward. However, if there is something that a majority of the Council has heard to seen tonight that they just don't want, tonight would be the time to bring that up to staff. Bill Daley and Dave Ullrich from T- Mobile presented speaker cards. Mr. Daley spoke on behalf of both of them. They are interested in two sites in Marana to fill in areas where there is currently poor coverage to accommodate heavy traffic. He went on to explain the reason for the need for additional. equipment and sites, noting that cell phones do more than they did five or ten years ago. There is more data and streaming video and voice being transmitted now which exceeds current bandwidth. An antenna can only carry so many calls at any given tune. The next step may be voice over LTE networks which increases the quality but also the bandwidth needed. One of the problems T- Mobile has had over the past years is that during merger talks, development wasn't going on. Now that that is clear, they'll do more sites to improve transmissions in heavy traffic areas because there is more data and more users. After more discussion, Council Member Comerford noted that there seems to be consensus about having cell towers on town property. Council Member Comerford made a motion to recommend that Council give direction to staff to go ahead with the proposed sites and continue to look for town -- owned sites for the future. Second by Council Member Bowen. Passed unanimously. D2 Relating to Economic Development; discussion, consideration, and possible action regarding a request from Imagine Greater Tucson (IGT) for funding from the Town for a community outreach and engagement program designed to provide input for the Pima Association of Governments' (PAG) regional transportation planning efforts, with a focus on potential future development of an international trade corridor through the greater Tucson region (Curt woody). Curt woody introduced Robin Shambach, representing Imagine Greater Tucson (IGT), who provided an overview of IGT's community outreach and engagement program designed to provide input for Pima Association of Governments (PAG) as they work on their regional transportation planning efforts. This is in relation to the trade and transportation corridor known as I -11. Ms. Shambach began by noting that IGT connects government, businesses and stakeholders to develop community - driven choices for living, working, learning and playing in the greater Tucson region through IGT's mission and vision to strengthen the regional identity and contribute to economic prosperity. In seeking community input on an international transportation corridor, IGT plans to facilitate multi- faceted community dialog around the opportunity and choices related to the proposed elements of an international trade corridor and how it aligns with the vision for this region. The scope of work identifies three specific interdependent tasks related directly to PAG and their role in regional transportation planning and IGT's ability to engage in community outreach. November S, 2014 Meeting Minutes 6 Those are understanding the context for regional transportation investments, prioritizing those investments, and implementing new regional transportation investments. She noted that there are some limitations right now in funding opportunities at the local, state and federal levels. Other communities are using other strategies such as private sector involvement in public - private partnerships. Throughout the process, IGT will engage PAG's Economic vitality Advisory Committee (EVAQ through the PACE committee structure so that information flows freely through the process already in place. This will help facilitate the trade of goods and services throughout global markets. Mr. woody is a member of the EVAC, they have been working closely with Ryan Mahoney and other members of the staff on the working group which has helped IGT prepare for their work with PACE. Significant deliverables include community education engagement opportunities, peer community best practices, and a statistically valid survey to assess public input on priority transportation infrastructure investment and funding issues. This is a particularly important component for PAG because that issue is directly tied to their funding. The project is expected to initiate in January 2015 and be complete in April 2016, with a total budget of approximately $250K. The funding for the project includes the PAG grant which requires a snatching component, and IGT is requesting support from each jurisdiction as well as business community and grassroots funding. There were questions and comments from Council prior to motion by Council Member plcGorray and second by Council Member Ziegler to approve funding for the program in the amount of $20,000 split over fiscal years 2015 and 2016. Passed unanimously. Council Member Bowen asked if Ms. Shambach could appear before Council next Tall to report to Council on how things are going. She indicated that she would. D3 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislationlgovernment actions and on recent and upcoming meetings of the other governmental bodies (Gilbert Davidson). Mr. Davidson indicated that staff would be working with Tri- Advocates to prepare a report or summary of this election and what the makeup of the Legislature will look like in the coming session. That report will be submitted to Council for review. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38- 431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain mutters. ................................................................................................................................................................................................................................................................................................................ ............................... . November 5, 2014 Meeting Minutes 7 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 q uest, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT. Motion to ad at 7:57 p.m. b Vice Ma Post, second b Council Member McGorra Passed unanimousl CERTIFICATION I hereb certif that the fore are the true and correct minutes of the Marana Town Council meetin held on November 5, 2014. 1 further certif that a q uorum was present. cel C. Br son, Town Clerk N ARANA 7 November 5, 2014 Meetin Minutes 8