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HomeMy WebLinkAbout11/04/2015 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 1 1555 W. Civic Center Drive, Marana, Arizona 55653 Council Chambers, November 4, 2015 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 CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:00 p.m. Hilary Hiser, Records Administrator, called roll. All Council Members were present. PLEDGE OF ALLEGIANCEIINVOCATIONIMOMENT OF SILENCE. Led by Mayor IIonea. APPROVAL OF AGENDA Motion to apl)rove the agenda by Council Member Bowen, second by Council Member Ziegler. Passed unanlnzously. CALL TO THE PUBLIC. David Morales spoke regarding the historical value of three trees that have been taken down due to development. The first tree known as the Flanging Tree was in Madden 1" arms. The second tree is by the Marana Cemetery. It caught on fire when workers from the Cortaro Marana Irrigation District were burning weeds, and it is now _dust a skeleton. The third tree is a eucalyptus tree estimated to be 70 -100 years old on Marana Road next to the Sunflower Garage on private property. He would like the staff to look into saving this tree. PROCLAMATIONS November 4, 2015 Meeting Minutes MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler made note of the bond election. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS No report. PRESENTATIONS CONSENT AGENDA Motion to cx rove by Council Member Ziegler, second by Council Me- pinber Conie foal. Passed zmcrn niously. Cl Approval of October 20, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B 1 Resolution No. 2015 -116: Relating to Boards, Commissions, and Committees; making appointments to the Town of Marana Personnel Action Review Board. Presented by Curry Hale, who noted that two applications were received for the two vacant positions. The applications were vetted properly, and the applicants meet the qualifications to sit on the Board. Previously, a Council Committee met to review applications for the Board, but at that time there were five applicants and only two vacancies. The Council Committee was not required for this selection. Mr. Hale noted that neither individual was present at tonight's meeting. Staff is recommending approval of the two applicants. Motion to approve by Vice Mayor Post, second by Council Member Pojven. Passed unanimously. COUNCIL ACTION Al PUBLIC III ARING: ordinance No. 2015.018 Relating to Transaction Privilege Tax; amending Section 8 -110 (Definitions: Income- producing capital equipment) of the Town "Tax Code by adopting local option A of the Model City Tax Code, adding new agricultural machinery and equipment to the list of exempt "income - producing capital equipment "; and designating an effective date. Mayor Honea declared the public hearing open. Presented by Erik Montague, who noted that this item came before Council on October 6, 2015. At that meeting, Council directed staff to initiate the process and bring the item back for consideration. All required notices were properly published and posted. After hearing comments from the public, Council may adopt Local option A. to the Model City Tax. Code which would add an exemption for new income - producing capital equipment for businesses as defined in the Code. Should the ordinance be approved, the effective date would be January 1, 2016. Upon approval, staff will continue to provide proper notices to the Municipal Tax Code Commission as well as the Arizona Department of Revenue. Council Member Bowen asked how it would be November 4, 2015 Meeting Minutes 2 determined if the equipment was for agricultural use and on our sales tax projections, how much will this exemption affect those projects. Mr. Montague said that at the time of transaction, the responsibility for obtaining and maintaining the property exemption certificate will be on the individual business owner. It would be reviewed only upon an audit of that business to verify compliance. Based on research by staff, compliance rates are generally very high. Regarding the impact of lost sales tax revenues, staff: believes that the impact will be minimal and easily absorbed considering some of the other variations that are anticipated to occur this year. The biggest variation is the positive impact of the new mall. It is also possible that it will be an incentive for people to shop locally. Mayor Honea closed the public hearing. Motion to adopt as presented by Council Member .mac Corray, seconded by Vice Mayor Post. Passed ur ani.mous y. IT CMS FOR DISCUSSIONIPOSSIBLE ACTION DI 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). No report. D2 Relating to Development; presentation, consideration and discussion regarding the extension of Adonis Road south to Tangerine Road (Keith Brann). Presented by Gilbert Davidson. He noted that this item relates to a true emergency secondary access along the east side of 1-10 to Tangerine Road. when the San Lucas was moving forward with its development, there was a zoning requirement to make sure there was an all-weather secondary access. There was a development agreement that basically satisfied that. There was an at -grade railroad crossing at Marana Road and one further south. There was a secondary access up to Missile Base Road if there was blockage at Marana Road. The police department has access to ensure emergency response, so time to respond to an emergency is not in question. The issue is how to deal with fire trucks and ambulances in the long term. He then indicated the scope of the project area to be three miles running from Grier Road to Tangerine Road. The best way to get out now in an emergency is to go up to Missile Base on a dirt road from the back of San Lucas and the CAP canal Staff met with different developers who own property along I- 10 starting at Tangerine up to the existing road at Adonis. Each have indicated a willingness to dedicate the right-of-way to the town at no cost, as they see the opportunity to open up this area. However, as there will probably be no development at any time in the near future with some of the properties, relying on just the private sector to create this secondary access is not viable. The town's road will be a chip seal emergency access road, not an. all - weather road. November 4, 2015 Meeting Minutes 3 Tonight's presentation is to ask for Council direction to allow staff to move forward with obtaining the right-of-way in this -scal year. There is an opportunity to work with the Pima Association of Governments for the funding by moving projects around within the TIP allocation. Actual road construction would be part of a future fiscal year. Vice Mayor Post asked why the road can't follow the railroad instead of meandering through the various properties. Mr. Davidson noted that the state and the railroad have begun to eliminate at -grade crossings. Some that people had known about and relied on are no longer in existence. But as part of this process, staff~ will reach out to Union Pacific to see if they would be willing to work with the town on an interim basis to be able to cross at a key point. over the years, various property owners intended to tie into the Adonis Road alignment, so that's what created the curved line. Vice Mayor Post then asked how the town will be reimbursed for the infrastructure it puts in that would benefit developers. Mr. Davidson replied that this road would be a town investment, and it would not be designed for a recoup at this time. Developers will eventually have the obligation to upgrade the road to an all- weather road with asphalt, but developers were never let out of their agreements. The secondary access was satisfied through the development agreement by going up to Missile Base Road. That was agreed to in 2002 by San Lucas. Council Member Kai noted that there was an at -grade crossing about half way between the two points. Why did the railroad take that out without consulting the town or Adonis? It seems like it might be less costly to get the railroad to open that to get to the frontage road. Mr. Davidson said that part of the strategy is to get with Union Pacific and see if there is a way to have an emergency access across big enough for a fire truck or an ambulance. Mayor Honea indicated that when the railroad double - tracked, the at -grade crossing was taken out because it wasn't lit or had arms. This fiscal year it will cost up to $ I OOK to do all the surveys and legal work related to the acquisition of the right -of -way. The remainder of the project would be discussed during the budget process in a future fiscal year. We can look at it next year, but we may not have the funds then. The estimate is $1.5 to $ZM. In response to a question as to what precipitated this now since this now as it has been discussed for several years, Mr. Davidson noted that we've able to resolve a number of other things and now we are able to bring this to the forefront. Staff has been working closely with the neighborhood groups, the fire district and developers to come up with a viable plan to move forward. Tonight's request to Council is just to secure the right-of-way. Motion to ol continuing to work on this project by Vice Mayor Post, seconded by Council Member Ziegler. P ( ass' unaniniouS y. EXECUTIVE SESSIONS. Motion to fro into executive session at 7:31 p.m. on Item F3 by Vice Mayor Post, second by Council. Meoniher" McCorrRay. I'crsserl unanimously. Council returned to the dais with no action necessary. November 4, 2015 Meeting Minutes 4 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 E2 Executive Session pursuant to A.R.S. § 38-431-03 (A)(1) for discussion, consideration and possible interviews of candidates for appointment to the Marana Personnel Action Review Board. E3 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or consultation with the Town's attorne in order to consider the Town's position and instruct its attorne re the public bod position re the notices of claim filed October 23, 2015, b Rose Law Group on behalf of various entities with an interest in the proposed Uptown development, and b attorne Chester & Shein on behalf of DTD-DEVCO, the owner of the proposed Marana Mercantile development, arisin out of the planned ali of Marana Road. FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn b Vice Ma Post, second b Y Council Member McGorra at 7:49 P .m. Passed unanimousl CERTIFICATION I hereb certif that the fore are the true and correct minutes of the Marana Town Council meetin held on November 4, 2015. 1 further certif that a q uorum was present. N C , ) A, N ocel VBronson Town Clerk A -1 9- Yj ".Jz November 4, 2015 Meetin Minutes 5