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HomeMy WebLinkAbout09/01/2015 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 8 Council Chambers, September 1, 2015 at or after 7:00 PM Ed IIonea, 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 CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:01 p.m. Town Clerk Bronson called roll. Council Member Comerford was excused. Council Member McGorray was present telephonically. 'there was a quorum present. PLEDGE OF ALLE(GIANCEIYNVOCATIONIMOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approi�e b Council Mt -niter Z ieg l er , second b Council Member Bojven. Passed unanimously. CALL TO THE PUBLIC. Debbie Shepherd spoke regarding her concerns over the lack of response from the developer in Marana 59 regarding. violations the construction company appears to be perpetuating, specifically the direction the water is being tunneled and the loss of property that is b eing caused by im proper" construction and the financial impact that would result from the repairs. She would like assurance from the Council that neither she nor the homeowners' association be responsible for the cost of the repairs. Mayor Honea a sked i f she could provide him with an email copy of her concerns which he will give to the Manager. Vice September 1, 2015 Meeting Minutes Mayor fast noted that Ms. Shepherd had been before Council previously with her concerns and asked the Manager if he could look into this tomorrow. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson introduced Don and Georgia Duncan who approached the town about doing a very special project — a work of art briefcase with a number of unique elements. The Duncans are dedicating the suitcase to the town, and it will be on display in the lobby of the municipal complex. Mr. Davidson asked Georgia Duncan to describe the suitcase. She said the idea came from the town being proclaimed a Purple Heart town. As a veteran, this was very important to Don. They also have a friend who is a Purple Heart recipient. They would like the suitcase to be used as well as be on display. The exterior is African sapele hardwood with bloodwood dovetails. The inside is white bonded leather with a copper or rust color cowhide chosen to symbolize the five C's of Arizona: cotton, copper, cattle, citrus and climate. The inside is comprised of about 90,000 stitches. The town seal is 60,000 stitches and took about 3.5 hours to stitch out. The purple heart emblem is about 30,000 stitches and took about two hours to stitch. They received approval from the Purple Heart organization to use the emblem. The briefcase is a heartfelt gift from Georgia and Don to the town of Marana to symbolize that Marana is very supportive of veterans and is proactive with veterans. They hope it will be used by Town officials for various functions and then go on display after that. Toby Parks, Tourism Manager, gave a presentation on DiscoverMarana.org which will be launched live on September 9, 2015. The site is fully responsive, allowing it to be displayed on every device. The site will allow visitors and community members to find areas of interest that highlight tourism - related businesses and key southern Arizona attractions. Each of the business listings will have their own site and give their own description., allowing their contact information, mapping, and itinerary building. The other categories will feature meetings and weddings. highlights of the site will include the history of Marana, seasonable campaigns that will correspond with our weather, how to get here, a tool to capture entails that will allow us to use email campaigns for seasonal themes throughout the year. when the website is launched, Marana will have a fully functioning tourism program. To maximize visibility and reach our target audience, both print and digital marketing resources will be used. The target audience for the first year will be primarily .Arizona, California, Colorado and Mexico. The data shows that Mexico is providing about 24 million visitors a year to Arizona. Toby then showed the - first ad to be placed in a publication called EL IMPARCIAL that will be distributed in northwest Mexico and will hit the market on that area on September 27. Among other things, the ad will highlight September 1, 2015 Meeting Minutes 2 the retail opportunities at the new outlet mall. Toby clarified that this is a separate website from the official town website, but there will be a link to the government page. PRESENTATIONS CONSENT AGENDA. Motion to al- )prove by Vice Mayor Post, second by Council Member Ifni. Passed unanimously 6.0. C1 Resolution No. 2015 -085 Relating to Development; approving and authorizing the Mayor to execute an agreement with Caddis Bridge, L.L.C., to assure dedication and construction of Joplin Lane with development of the Cortaro Ranch commercial properties (Frank Cassidy) C2 Resolution No. 2015 -086 Relating to Administration; approving and authorizing the Finance and Purchasing Director to execute a Deed of Gift donating 40 Kustom Radar Speed Detection Devices to the City of Coolidge (Erik Montague) C3 Resolution. No. 2015 -087 Relating to Public works; approving and authorizing the Mayor to execute a supplemental intergovernmental agreement between the Town of Marana and Pima. County to accommodate Pima County Regional Wastewater Reclamation Department Tangerine Road Force Main Relocation Work as part of the Design and Construction of Roadway Improvements to Tangerine Road — Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive (Frank Cassidy) C4 Resolution No. 2015 -088 Relating to Addressing; naming "Tangerine Farms Road" west of Lon Adams Road and "Tangerine Road" from Lon Adams Road to Interstate 10 (Shannon Shula) C5 Resolution No. 2015 -089 Relating to Development; approving a preliminary plat for Willow Vista Lots 1 -69 and Common Area "A" (open Space), located near the southeast corner of Cortaro Farms Road and Sandy Desert Trail (Brian Varney) C6 Resolution No. 2015 -090 Relating to Building; Approving and authorizing the Mayor to execute the Fourth Amendment Extending Intergovernmental Agreement between Pinta County and the Town of Marana for Regulation of Public Property within Each Other's Jurisdictional Territory (Keith Brann) C7 Resolution No. 2015 -091 Resolution of the Mayor and Common Council of Town of Marana, .Arizona authorizing the execution and delivery by the Town and the Town of Marana Municipal Property Corporation of a Fifth Amendment to Amended and Restated Town Lease and Series 1992 Town Lease (Jane Fairall) September 1, 2015 Meeting Minutes 3 C8 Approval of .August 4, 2015 Regular Council, August 11, 2015 Study Session, and August 26, 2015 Special Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES BI Relating to Boards, Commissions and Committees; selecting three potential topics for the Fall 2015 Marana Citizens' Forum (Jocelyn C. Bronson). Heath Vescovi presented this item to Council, noting that we are about to start the fall 2015 session. To do that, we need to present three topics to the Forum delegates, one of which they will choose to explore over the 8 -week session. Mr. Vescovi read the eight potential topics which are (1) business retention in Marana; (2) citizen engagement in the budget process; (3) art in public spaces; (4) voter turnout improvement; (5) community survey; (6) Marana sustainable revenue sources; (7) Parks & Recreation programming; and (8) crime and trends. The Council gave their recommendations to the Town Clerk for tallying. B2 Resolution 2015092 Relating to Boards, Commissions and Committees; making a pro -tem appointment to the Town of Marana Personnel Action Review Board (Kiska McCabe), Jane Fairall presented this 'item, noting that two members' terms expired on August 18. The positions have been advertised; however, a Personnel Action Review Board (PARE) hearing is scheduled for September 9 and there are not currently enough members on the PARB to hold the hearing. Connie Steinman was appointed to the PARB last December to complete a vacant term, and Ms. Steinman is available and willing to sit on the board for the September 9 hearing, so by policy Council can approve an appointment of a pro tern member just for purposes of this one hearing. Approval of Ms. Steinman's appointment would be just for next week's hearing. Motion to apl)rore by Council Member Bo)vcn, second by Vice .Mayor Post. Passel unani.nlously 6 -0. COUNCIL ACTION Al Resolution No. 2015-093 Relating to Facilities; naming the bridge located on Thornydale Road over the Canada del Oro wash the "Hurvie Davis Bridge" (Jocelyn Bronson). Ms. Bronson read the resolution to the audience, who included Mr. Davis' many friends, former colleagues and family. The bridge sign was displayed after the reading of the resolution. Remarks from Priscilla Cornelia and Si Schorr were read, and personal remarks were made by Benny Young, a colleague of Mr. Davis' at the City of Tucson, and Billy Schisler, who was Mayor of Marana at the time Mr. Davis was hired. Mayor Honea again noted the signature contributions of Mr. Davis, who then spoke regarding his career in transportation beginning in Washington, D.C., then San Diego, Portland and Tucson before coming to Marana. He noted September 1, 2015 Meeting Minutes 4 that he was a Marana resident now and very glad to be living here. He thanked the Council for their recognition. of hire and applauded their continuing vision of keeping Marana such a great place to live. A2 PUBLIC HEARING: ordinance No. 2015.017 Relating to Development; approving and authorizing the Mayor to execute the Amendment of the Willow Ridge Development Agreement as it applies to Willow Vista (Brian Varney). Mayor Honea noted that item A 2 and A 3 would be presented concurrently. Drank Cassidy presented the items and noted that they involve a mitigation fee that was adopted as part of the Willow Midge development that was adopted in 2004. There was a $6400 per unit fee that went with that development. A portion of that property went undeveloped to the east of Sandy Desert Trail — 35 lot subdivision was recorded for that property but was never able to be developed with that density which is lower than anything around it. Joe and Sandra Heater have purchased the property, and they have obtained rezoning that allows 69 lots there. A couple of things have changed since 2004. one important thing is that there are more impact fees now, and part of the $6400 was for things we now have impact fees for. Five thousand dollars of the $6400 the town was paying to Pinta County as part of their mitigation land acquisition. They use that money to purchase wildlife corridors between the Tucson and Tortolita Mountains. There are two items here. one is a development agreement and one is an intergovernmental agreement amendment, which is A 3, tapes our agreement where we give the county $5000 per unit and says for what used to be the 35 units east of Sandy Desert 'Frail, we'll divide that total amount of money into the 69 units, so instead of $5000 a unit, it's $2537 per unit, and they end up getting the same amount of money and will still be passed on to Pima County but divided among more units. The development agreement then conditioned upon Pinta County approving that IGA amendment, the development agreement then take that same amount and imposes that as a requirement on the 69 units. The original Willow Ridge agreement had provisions about the developer having to build Cortaro Farms Road — that's all been done now. So the amendment as it relates to these properties does a cleanup or an accounting of all the provisions in the original agreement, but the main purpose is dealing with the mitigation fee divided among the 69 lots. Mayor Ilonea asked the Town Clerk to read A 3 for Council to vote on prior to the vote on A 2. Mayor Honea opened the public hearing. Brian Varney presented the item to Council. There were no spears, and Mayor Honea closed the public hearing. Motion to aj- )13rore by Council Member Bojven, second by Council Member ,Ziegler. Passed unanimoirsly 6 -0. A3 Resolution No. 2015 -094 Relating to the Environment; approving and authorizing the Mayor to execute the First Amendment to Intergovernmental Agreement between Pima County September 1, 2015 Meeting Minutes 5 and the Town of Marana to provide Mitigation Funding for Wildlife Corridors in the Mar ana Area (Frank. Cassidy) Motion to apl-)rove by Council Member Ziegler, secon clecl by Council Member 1VIcGorray. Passed urnaniniously 6 -0. A4 Resolution No. 2015 -095 Relating to Real Property; approving and authorizing the Mayor to execute an option and wireless Communications Facility Lease Agreement with T- Mobile West Ll.,C for the lease of approximately 256 square feet of Town - -owned property at Continental Reserve Parr. Presented by Jane Fairall who noted that last November 2014 she brought to Council's attention several requests the town had received for wireless cell tower companies to enter into leases to lease town property to construct wireless communication facilities, including cell towers. one of the properties discussed in November was a piece of Continental Reserve Park that's located next to the water tank we have. At that time, Council directed her to move forward with negotiations with T- Mobile. The agreement that's before Council tonight is the result of those negotiations. It would include a 12-month option for T- Mobile to do its due diligence and to inspect the site and to obtain permits that are required to see if it's suitable for their purposes. If T- Mobile finds it's suitable, they can exercise the option to enter into the lease with the town. The proposed lease has a 5-year initial term and then successive 5-year renewal terns, so it could be f or a total of 30 years. The option fee is $1500. If this is approved, they would pay that tee, and then the rent would be $1500 a month for the first year and then increase by three percent each year thereafter of the lease. As mentioned back in November, this is simply the first step in the process. If the Council approves the lease agreement, then TMMobile will need to go through the zoning process by filing a conditional use permit application with the Planning Department, and there would be addressed what the site is going to loop like, concealment, fencing, height, setbacks and that sort of information. That would go through the Planning; Commission and then come back to the Council for approval. Ms. Fairall asked if there were questions. Council Member Kai asked if T- Mobile would go on an existing tower or construct a new tower. Ms. Fairall responded that it i.s T- Mobile's intent to construct a new tower. Council Member Kai asked if there is a tower there to which Ms. Fairall responded that she didn't believe there is. Council Member Ziegler noted that cell towers haven't been very popular in Continental Ranch, and while she appreciates that they are needed, has there been any discussion about a cell tower with the residents in that area? She doesn't know if the site is intrusive. Ms. Fairall responded that she didn't think notifications had gone out to neighbors in the area. once the conditional use permit is fled and their requirements for a notice to the neighbors and public hearing, that would tape place at that time. She is not aware of outreach to neighbors as of this moment. Council Member Ziegler noted that if the Council doesn't support this endeavor, then there is no cell tower, right? September 1, 2015 Meeting Minutes 6 Ms. Fairall explained that if the Council doesn't approve the lease agreement, the cell tower wouldn't be a Continental Deserve Park because T- Mobile won't be able to submit their application, because they wouldn't have the right to use our property. There could potentially be another place in that area where T-- :Mobile could submit for their conditional use permit if they got property rights from some landowner. So there still is the potential for a cell tower in the area even if it's not on our property. Council Member Ziegler asked if the cell tower location was by the park. Ms. Fairall responded that it's actually in the park. There is a water facility in the park with a tank. The proposed lease area is right outside that water facility area, but it's in the par Council Member Bowen clarified that all the Council would be doing tonight is granting a lease agreement for 12 months for T- Mobile to do their due diligence, during which time they will go in and determine if they want to move forward. If they agree to do that, and during this period of time they will probably be submitting or coaling before Council with the design ideas and so on so that the whole thing is agreed upon before they begin their five --year lease term, is that correct? Ms. Fairall replied that that is essentially correct. This would be giving them the 12 -month option period that you discussed to go through the due diligence and to get the permits that they need, including the conditional use permit which would first go to Planning Commission and then come to Council for approval. Council Member Kai asked in reference to this site, if the town would be able to lease this site to another user, to co- locate the tower site to someone else, or would TWMobile have the exclusive use of that property, and they could turn around and sublease to someone else? would the town be in a position to do that? Ms. Fairall stated that the way the lease is set up, T- Mobile could have additional antennas or equipment placed on the tower, and T- Mobile would collect whatever rent is associated with that, but anybody going on T- Mobile's tower would have to enter into a separate ground lease with the town for whatever they need on the town — their shelters or cabinets or other equipment -w that would be outside of the T- Mobile lease area but in an area that they would lease from the town and p ay rent to the town. Motion to ol,7l -irove by Council Member Bo)ven, second by Vice Maj� or Post. Passed 5-1 jvith Co uncil Member Zic�gler voti "ng nay. A5 Resolution No. 2015 -096 Relating to Municipal Court; appointing Laine Sklar as Marana Town Magistrate for a two-year term beginning October 1, 2015; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Laine Sklar. Jane Fairall addressed Council and reviewed the recruitment process for a town magistrate beginning July I after former .fudge Davies announced his retirement as of July 31. As a result of the recruitment, Council selected Laine Sklar for the position ofMarana Town Magistrate. Ms. Sklar has been with the Town's legal. department since 2006 and has been the Town Prosecutor since 201.1. Tonight's action seeks formal approval from Council of Ms. Sklar for the position as well as her contract, which is a two -year term set by code and has all of the salary and benefit considerations which would run from October 1, 2015 through September 30, 2017. She added that on a personal note, it's been an honor for her to wort{ so closely with Laine, and even though it will be a loss to the legal department, this is a really exciting development for Laine and for the September 1, 2015 Meeting Minutes 7 Court and for the Town. Motion b Council Member McGorra second b Vice Ma Post. Passed unanimousl 6-0. Ms. Sklar thanked Council for the honor of bein selected as Ma and she is ea lookin forward to servin the town in this new capacit She thanked Council for puttin their trust in her to lead this department and promised to do it to the best of her abilit Ma Honea and the Council offered their con alon with the audience. ITEMS FOR DISCUSSION /POSSIBLE ACTION DI Relatin to Le and Government Actions; discussion and possible action re all pendin state, federal, and local le actions and on recent and upcomin meetin of the other g overnmental bodies ( Gilbert Davidson) EXECUTIVE SESSIONS 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 ADJOURNMENT. Motion to adjourn at 7:54 p-ni. b Vice Ma Post., second b Council Member Boj,ven. Passed unanimousl 6-0. Council Member McGorra asked that her best wishes be g iven to Hurvie Davis. CERTIFICATION I hereb certif that the fore are the true and correct minutes of the Marana Town Council meetin held on September 1, 2015. 1 further certif that a q uorum was present. 0 *N .�' �07 � el y n C. Monson, Town Clerk U 1 7 9 I'V1 A� ,A �1 `'+l A September 1, 2015 Meetin Minutes 8