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HomeMy WebLinkAbout03/21/2017 Regular Council Meeting Minutes MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 21, 2017, at or after 7:00 PM Ed Honea, Mayor Jon Post, Nice 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. The meeting was called to order by Mayor Honea at 7:02 p.m.. Town Clerk Bronson called roll. All Council Members were presents PLEDGE OF ALILEGIANCEIINVOCATIONIMOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. .Motion to approve by Vice Mayor Post, second by Council Mt-,umber Bowen. Passed unanimously. CALL TO THE PUBLIC. There were no speaker cards presented other than those for Item A3. PROCLAMATIONS MAYOR. AND COUNCIL. REPORTS: SUMMARY OF CURRENT EVENTS. Mayor Honea noted that Biz'Tucson-Marana is available online as well as paper copies. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson noted that the 40"' Pounders' Day is this coming Saturday. The parade starts at 10:00 a.m., and there will be many activities at Ora. Mae Harn following the parade, PRESENTATIONS March 7,2017 Regular Council Meeting Minutes � CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously. C1 Resolution No. 2017-019; Relating to Development: approving a release of assurances for Saguaro Springs Block 8A and accepting public improvements for maintenance (Keith Brann) C2 Resolution No. 2017-020: Relating to Municipal Court; approving the appointment of George Dunscomb and Maria Avilez as magistrates pro tempore for the Marana Municipal Court (Laine Sklar) C3 Resolution No. 2017021: Relating to Public Works; approving and authorizing the Mayor to sign an intergovernmental agreement with the Regional Transportation Authority for the Arizona Pavilions Park and Ride, and authorizing the Manager to negotiate and sign a lease with the Arizona Pavilions developer for the Arizona Pavilions Park and Ride (Lisa Shafer) C4 Approval of March 7, 2017 Regular Council Meeting Minutes and March 14, 2017 Study Session Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES Ll Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Rev. Fr. Virgilio Tabo Jr. on behalf of St. Christopher Roman Catholic Church for Church Fiesta to be held on April 29, 2017 (Jocelyn C. Bronson). Ms. Bronson noted that this application was in proper order and that staff is recommending g, a p proval. Motion to approve by Council Mepniber McGorray, second by Council Member Kai. Passed ren aninfo usly. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Ordinance No. 2017.006: Relating to Parks and Recreation; amending Marana Town Code Chapter 13-1 (Parks and Recreation Regulations); amending section 13-1-3 (Use and occupancy rules and regulations) to exclude regulation of model. aircraft; adding new section 13- 1-4 entitled "Model aircraft operation; definition; prohibitions; exceptions"; and designating an effective date (Jane Fairall). Ms. Fairall noted that this ordinance regulates drone take-off and landings in parks and at the airport and allows the Parks and Recreation Director to determine safe drone operations. Records of these operations will be kept in the Town Clerk's office. Ms. Fairall also recognized the work of Rachel Dykman, intern in the Legal Department, who researched the bulk of the ordinance. Motion to approve by Council Member Bowen, second by Council Member McGorray. Passed unani/nously. A2 Resolution No. 2017-022: Relating to Parks and Recreation; approving and authorizing the Mayor to execute a Lease Agreement between the Town of Marana and Saint Christopher March 7,2017 Regular Council Meeting Minutes 2 Roman Catholic Parish-Marana for the construction and maintenance of a pocket park in Honea Heights (Cynthia Nemeth-Briehn). Lisa Shafer and Cynthia Nerneth-Briehn co-presented this item, Ms. Shafer began by noting that Ms. Nemeth-Briehn and Steven Vasquez in the Planning Department have been working on the park design. This park is part of the town's neighborhood investment plan which Mr. Davidson brought before Council last year. The purpose was to look at the older neighborhoods in town such as Colonlas and see what was necessary to improve sidewalks, parks, drainage streets, s , and other infrastructure. This project was the first project under that plan and was started because there is no park in the Honea Heights area. The church site was an ideal location because the church has 33 acres of land and there is a basketball court there. So staff has been pursuing a lease agreement with the church this past year for this park. This is a 10-year lease and the town and the church can enter into a 5-year extension after that. The agreement is that the town pays $1 per year up front. Cynthia Nemeth-Brichn then spoke about the benefits this type of neighborhood park brings to citizens. We are hoping that this type of park would serve as a model for other Marana neighborhoods. There will be a ball park with a turf area, shade trees and seating, a ramada, a playground, parking and landscaping. The cost is estimated to be $350K. Funding sources are a CDBG grant, the affordable housing fund, the town's tipping fees, and other grants the Parks department is currently researching. Staff believes this type of park is very "grant-able." As much as possible, we hope to make this an "in-house" project, using only a limited amount of general funds. Because of its size, this park would 'be easily absorbed into the existing budget for maintenance operations, taking only about 30 minutes per day to maintain. Amenities such as the ramada and grill lend themselves to rental opportunities of about $12 an hour. There might be an occasional replacement of a tree, a bench or table. We are finalizing our grant research and hope to begin this project in the Fall 201-7. Council Member Ziegler asked about the use of tipping funds for this park which Mr. Davidson responded that half of the tipping fees were to be used for beautification along Avra Valley Road and the other half was to be used for beautification projects around the town. Motion to approve by Council Member McGorray, second by Vice Mayor Post. Passed unanaria usly. A3 Resolution No. 2017-023: Relating to Administration; approving the transfer of up to $156,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2016-2017 budget to various accounts within Community Development and Neighborhood Services for expenses related to startup costs for the new Marana Animal Services division; and authorizing the increase of budgeted full-time equivalent positions from 346.63 to 348.63 for the addition of two Marana animal control officer positions (Erik Montague). Mr. Montague gave Council an overview of the contingency expenditure as authorized by the Council action at last week's study session to provide for enforcement and an outside contract for sheltering services for animal care services within the town. Staff does not anticipate an adverse impact on the general fund for the current year. Mayor Honea asked the speakers to come forward with their comments, He called on Robyn Vanderburg, who spoke as a county resident representing the welfare of the animal community. She spoke not to the termination of services with the county but the disparity of services by the new contractee. She requested an open meeting between the town, HSSA and the leaders of animal advocacy. Next, Bonny Harris, a 16-year resident of Marana spoke regarding last March 7,2017 Regular Council Meeting Minutes 3 week's study session. She is not aware of anyone who is in favor of the town getting into the animal care business. She is also upset by the "blackout" by media sources on this subject and the lack of support by elected officials to hear from the constituents on this subject. Christy Holliger, a Marana resident, spoke of the concerns raised at last week's study session, specifically regarding the spay and neuter program for community cats, which the town declined to participate in under an ICDA with the county, She also addressed and disputed other aspects of statements Ms, Shafer made at the study session. The last speaker was Sharon Woolridge, a former Marana resident and now a resident of the county. She wondered who would be running the temporary shelters if they are maintained in north Marana and then had to transport animals to an alternate site. In her experience PACC has been responsive to calls in the I past. She also noted that the town would be taking over these animal care services around the 4" of July when many dogs are frightened by the fireworks and loud noises and run away. Vice Mayor Post asked Mr. Montague if anything would be put in the budget for next for the spay and neuter of animals. Mr. Montague responded that what will initially be loaded into the budget will be consist with the numbers comprising the $156K. Ms. Shafer interjected that staff is continuing their negotiations with the Humane Society for services, and spay and neuter services is a part of that discussion. The Humane Society is very excited about possibly doing a clinic in north Marana in June to get dogs microchipped because of the 4"' of July, 'There are several programs being considered for inclusion into next year's budget, The Humane Society currently goes out into the community to do vaccination and spay and neuter clinics. Vice, Mayor Post would like to see a temporary kenneling facility in north Marana. Council Member Ziegler asked several questions on anticipated costs for personnel and equipment, provision for animals in temporary holding facilities and their transportation in a timely manner to the Humane Society and reiterated her opposition to the Council action at the study session last week. Council Member Kai would like staff to come back within a year or two to show Council the actual costs are and to keep a log of all kudos or complaints of this operation. Vice Mayor Post pointed out that since 2009, the Council has been aware of the county charges, and there has been discussion every year that a bill has been submitted by the county, and costs have risen over 200%. The reason for bringing this up is to say that we have discussed this issue at meetings in great detail. We have written letters to PACC and asked for substantiation of the bills year after year and gotten responses back that are not clear. There are issues in our community with PACC. He believes the town will do a good job and get this done. We will make sure that this is a service for our residents that is done right and well-received, and we will get people saying thank-you. He continued that it isn't always about money. It's about money in this case because now it got to the point that the county is charging us to the point where we can move into the business. That's where it becomes about money. Council Member Ziegler again responded to Vice Mayor Post's remarks and asked again why this issue wasn't vetted with the residents. Council Member Bowen made a motion to approve Resolution No. 2017-023, second by Vice Maor Post. Passed 5-2 with Council Members Kai' Ziegler dissentin Y 9.1 A4 Ordinance No. 2017007; Relating to Finance; amending the Town of Marana comprehensive -fee schedule; and declaring an emergency (Tony Hunter). Mr. Hunter noted that during the original revision process encompassing over 50 pages of fees, there were three fees that were revised but omitted in the final document. All the fees and descriptions have been included in the Council supplemental materials and in the required statutory 60-day published March 7,2017 Regular Council Meeting Minutes 4 t%o notice. The affected fees are for a preliminary plat, a customer-requested meter re-read and a sewer service establishment fee. He noted that there is an emergency clause included in the ordinance so that these fees can take effect immediately. Motion to approve by Council Member Comerfor4, second by Council Bowen. Passed unanimously. ITEMS FOR DISC USSION/POSSIBLE 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). Mr. Davidson stated that there have been no maJ or changes with bills that we have been tracking. EXECUTIVE SESSIONS. Mayor Honea asked fbr a motion to go into executive session on items E2 and E3. Motion by Council Member McGorray, second by Council Member Ziegler. Passed unanimously. 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 matters. El. 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. E2 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or consultation with the Town's attorneys in order to consider its position and instruct its attorneys regarding the public body's position regarding settlement discussions conducted in order to resolve litigation in Town of Oro Valley v. Bennett, Pima County Superior Court No. C20160706, funded by the Town of Marana as Lead Agency for the Tangerine Corridor project. Mr. Cassidy requested authorization from Council to settle the Bennett litigation for $127,500 plus statutory interest. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. E3 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion and consultation with the Town's attorneys in order to consider its position and instruct its attorneys regarding the Town's position in pending litigation and in settlement discussions conducted in order to resolve litigation in Mandarina LLC v "Town of Marana, Pima County Superior Court No 020161982. Mr. Cassidy requested authorization to proceed in a manner consistent with the discussion in executive session. Motion by Council Member Bowen to approve, second by Vice Mayor Post. Passed unanimously. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana.Town Code Section 2-4-2(B), March 7,2017 Regular Council Meeting Minutes 5 ADJOURNMENT. Motion to a(�jmirip tit 9,,,01 p-nt by Council Member Bolt en, by Vice Mayor Post. -Passed imaniniousi,11%, CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 21, 2017. 1 further certify that a quorum was present. oc e---AynV. Bronson,) Town Clerk ----------- MARANA AZ r-,sp*r A B I-1 S H E D 1977 March 7,2017 Regular Council Meeting Minutes 6