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HomeMy WebLinkAboutRegular Council Meeting Packet 8-15-2017 r MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 15, 2017, 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 Pursuant to A.R.S. § 3 8-431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on August 15, 2017, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all electronic devices. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speakiniz at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. Marana Regular Council Meeting 08/15/2017 Page 1 of 141 All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 3 82-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.maranaaz.gov under Agendas and Minutes. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 115 5 5 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA 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 beyond the existing voice amplification and recording capabilities in the facilities. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond 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. PROCLAMATIONS P 1 Proclaiming August 26, 2017 as Portable Practical Education Preparation, Inc. Day (Jocelyn C. Bronson) Marana Regular Council Meeting 08/15/2017 Page 2 of 141 P2 Proclamation for Expect More Arizona (Jocelyn C. Bronson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA 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. C 1 Ordinance No. 2017.016: Relating to Finance; amending the Town of Marana comprehensive fee schedule to eliminate certain fees relating to dog licenses and water; and declaring an emergency (Erik Montague) C2 Resolution No. 2017-077; Relating to Utilities; approving and authorizing the Mayor to sign the Water Quality Laboratory Services Intergovernmental Agreement with the City of Tucson and the Metropolitan Domestic Water Improvement District (John Kmiec) C3 Resolution No. 2017-078: Relating to Police Department; approving and authorizing the Chief of Police to execute a Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2018 (Lisa Shafer) C4 Approve August 1, 2017 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B 1 Resolution No. 2017-079: Relating to Boards, Commissions and Committees; making an appointment to the Town of Marana Planning Commission (Jocelyn C. Bronson) COUNCIL ACTION Al PUBLIC HEARING: Resolution No. 2017-080, Relating to Development; approving a conditional use permit to allow the development of a new wireless communication facility at the Marana Heritage River Park, 12375 N. Heritage Park Drive (Cynthia Ross) ITEMS FOR DISCUSSION/POSSIBLE ACTION Marana Regular Council Meeting 08/15/2017 Page 3 of 141 D 1 Resolution No. 2017-081: Relating to Administration; directing town staff to review all options for the use of alternative energy sources, and authorizing the Town Manager to sign agreements and do all other things necessary to finance, construct, operate, and maintain alternative energy facilities and equipment for the Town's use, as determined most beneficial for the Town in the Town Manager's reasonable opinion and discretion (Jamsheed Mehta) D2 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) 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 matters. El Executive Session pursuant to A.R.S. §38-431.03 ( 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. § 3 8-431.03(A)(4) in order to consider the Town's position and instruct the Town's attorneys regarding the Town's position regarding the lawsuit entitled Miller v. Town of Marana, Pima County Superior Court Case No. 020172005. E3 Executive Session pursuant to A.R.S. § 38-431.03 (A)(1) for discussion, consideration and possible interviews of candidates for appointment to the Planning Commission. 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). ADJOURNMENT Marana Regular Council Meeting 08/15/2017 Page 4 of 141 MARANA AZ ESTABLISHED 1977 Council-Regular Meeting P1 Meeting Date: 08/15/2017 Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: August 15, 2017 Subject: Proclaiming August 26, 2017 as Portable Practical Education Preparation, Inc. Day (Jocelyn C. Bronson) Attachments Proclaiming August 26, 2017 as Portable Practical Education Preparation Day Marana Regular Council Meeting 08/15/2017 Page 5 of 141 id .'� C=:=L MARANA AZ ESTABLISHED 1977 PROCLAMATION Recognizing Portable Practical Education Preparation, Inc. Day WHEREAS Portable Practical Education Preparation, Inc. (PPEP) was founded in 1967 by Dr. John David Arnold to improve the quality of rural life. Through the conversion of a 1.957 Chevrolet school bus named "La Tortuga" (the tortoise) he and others traveled throughout Southern Arizona to provide farmworkers with basic education and English; and WHEREAS among the many contributions PPEP has made to the Marana community was the development of the first sewer system,, support for the Marana Chamber of Commerce by employing and training residents for jobs to sustain their families, providing support for continued economic development, businesses and partnerships in the area, including the Yaqui village settlement;and WHEREAS throughout its 50 years of service, PPEP has developed programs and established field offices and school campuses in Marana and other Arizona regions, graduating over 5,000 students in the past 21 years; and WHEREAS on a larger scale, PPEP is dedicated to providing another 50 years of economic, educational, health and humanitarian services to farmworkers and their families in Arizona, Mexico and Africa that will touch and enrich the lives of thousands as they adhere to their motto Si Se Puede/Pudo-Yes we can, Yes we will. NOW,THEREFORE, the Mayor and Council of the Town of Marana proclaim August 26,2017 to be Portable Practical Education Preparation,Inc. (PPEP) Day in Marana and further offer congratulations to Dr. Arnold and the many staff and volunteers of PPEP for their continued services to the Marana community and to Arizona. Dated this 15th day of August,2017. 00 Ed Honea, Mayor ATTEST: Jocelyn T.1 C. Bronson, Town Clerk Marana Regular Council Meeting 08/15/2017 Page 6 of 141 MARANA AZ ESTABLISHED 1977 Council-Regular Meeting P2 Meeting Date: 08/15/2017 Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: August 15, 2017 Subject: Proclamation for Expect More Arizona (Jocelyn C. Bronson) Attachments Proclamation Expect More Arizona Marana Regular Council Meeting 08/15/2017 Page 7 of 141 AA� MAMA A Z ESTABLISHED 1977 PROCLAMATION WHEREAS the Marana Town Council recognizes that education must be made a top priority in our community to ensure a strong economic future and higher quality of life for everyone; and WHEREAS the Marana Town Council understands that future economy and workforce demands will require more than a high school diploma, and only 42 percent of Arizona adults currently possess a degree, certificate or industry credential; and WHEREAS the Marana Town Council recognizes the need to improve educational attainment across the state and in our local communities and supports the statewide attainment goal of 60 percent by 2030; and WHEREAS Expect More Arizona and the Center for the Future of Arizona,, statewide nonpartisan organizations, have launched an Arizona Education Progress Meter by which the progress on attainment and other key education indicators can be measured. NOW, THEREFORE, the Mayor and Council of the Town of Marana, Arizona do hereby proclaim support for the statewide attainment goal of 60 percent by 2030, support the use of the Arizona Education Progress Meter as the tool to make progress toward the attainment goal by tracking the priority indicators for our local communities, and affirms the Town's status as a World Class Education Partner with Expect More Arizona and the Center for the Future of Arizona in order to advance this shared vision for education. Dated this 15th day of August, 2017. Ed Honea, Mayor ATTEST: celyn Bronson, Town Clerk Marana Regular Council Meeting 08/15/2017 Page 8 of 141 'Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C1 Meeting Date: 08/15/2017 To: Mayor and Council Submitted For: Erik Montague, Finance Director From: Lisa Shafer, Community Development Director Date: August 15, 2017 Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2017.016: Relating to Finance; amending the Town of Marana comprehensive fee schedule to eliminate certain fees relating to dog licenses and water; and declaring an emergency (Erik Montague) Discussion: For many years, the Town of Marana has compiled a Comprehensive Fee Schedule and standardized fees for municipal services across all departments. These fees are traditionally reviewed and adjusted annually to ensure that the Town continues to cover its costs, where appropriate, and that the fees are fair and equitable to its customers. Comprehensive amendments to the fee schedule were last approved by Council in June 2017 and were made effective in July 2017. If approved, the proposed ordinance will eliminate two fees from the fee schedule. The first is the Sewer Service Establishment Fee for Pima County wastewater customers. This fee was included in the Town's fee schedule as the Town does collect the fee for Pima County wastewater customers who are also Marana Water customers. The fee is then passed through to Pima County. Since the fee is not a Town fee set by the Council, it is recommended that this fee be removed from the Town's fee schedule. Town staff will include a notice on the Town's website advising these customers that the Town will collect the fee for Pima County, with a link to Pima County's fees. The second fee to be eliminated is the Dog License Transfer Fee of$10. On July 1, 2017, the Town officially began the Town's Animal Services Division. As we continue to grow this new program, staff will continue to look for ways to better improve our processes. One of the new responsibilities of the Town is to process and issue dog licenses for dogs that live within the Marana Regular Council Meeting 08/15/2017 Page 9 of 141 Town limits. The Town has contracted with Petdata to process and track all of the Town's dog licenses. Through the first month, processing a dog license has proven to be a very easy process for Town staff as well as our residents. After reviewing the minimal amount of work necessary to perform the occasional dog license transfer, staff has determined that this fee is not necessary. Financial Impact: These changes to the fee schedule are not anticipated to have a significant impact on Town revenues. Staff Recommendation: Staff recommends approval of the changes to the Comprehensive Fee Schedule. Suggested Motion: I move to adopt Ordinance No. 2017.016, amending the Town of Marana comprehensive fee schedule to eliminate certain fees relating to dog licenses and water; and declaring an emergency. Attachments Ordinance No. 2017.016 Marana Regular Council Meeting 08/15/2017 Page 10 of 141 MARANA ORDINANCE NO. 2017.016 RELATING TO FINANCE; AMENDING THE TOWN OF MARANA COMPREHENSIVE FEE SCHEDULE TO ELIMINATE CERTAIN FEES RELATING TO DOG LICENSES AND WATER; AND DECLARING AN EMERGEN C Y WHEREAS the Town Council is authorized by A.R.S. § 9-240(A) to control the finances of the town; and WHEREAS the Town Council, via Ordinance No. 2017.004, adopted an amended comprehensive fee schedule on February 7, 2017, which was made a public record by and attached as Exhibit A to Resolution No. 2017-010; and WHEREAS from time to time the Town Council has adopted amendments to the comprehensive fee schedule, most recently on June 6, 2017, via Ordinance No. 2017.014; and WHEREAS amending the comprehensive fee schedule as set forth in this ordinance is in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The Town of Marana comprehensive fee schedule adopted via Ordinance No. 2017.004, as previously amended, is hereby amended by eliminating the following fees: Fee/Description Amount Unit of Notes Measure GENERAL SERVICES; LICENSING Dog License Fees; License Transfer Fee $10.00 Per transfer PUBLIC SERVICES; WATER Sewer Service Establishment Fee See note Per connection Fee applies to non- Marana sewer customers and is set by Pima County. Marana collects and passes fee through to Pima County. SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. 00053627.DOCX/1 Marana Ordinance No.2017.016 - 1 - Marana Regular Council Meeting 08/15/2017 Page 11 of 141 SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 15th day of August, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00053627.DOCX/1 Marana Ordinance No.2017.016 - 2 - Marana Regular Council Meeting 08/15/2017 Page 12 of 141 ,4d v MARANA AZ E STAB L IS H ED 1977 Council-Regular Meeting C2 Meeting Date: 08/15/2017 To: Mayor and Council From: John Kmiec, Utilities Director Date: August 15, 2017 Strategic Plan Focus Area: Community Subject: Resolution No. 2017-077; Relating to Utilities; approving and authorizing the Mayor to sign the Water Quality Laboratory Services Intergovernmental Agreement with the City of Tucson and the Metropolitan Domestic Water Improvement District (John Kmiec) Discussion: Recent discoveries regarding unregulated compounds in the local aquifer, such as 1,4-Dioxane, have prompted the local water agencies to discuss presence identification and mitigation strategies. Such compounds may have the potential to affect water agencies throughout the region. Monitoring, data sharing, and cooperation regarding these compounds could aid all providers in the region with an appropriate mitigation strategy. Use of third-party water quality laboratory testing by the local water companies often results in delays and isolates data to the sample owner. Tucson Water operates an Arizona Department of Health Service licensed laboratory capable of on-site testing for many compounds without the delays associated with third-party laboratories. The proposed IGA allows the Town of Marana and the Metropolitan Domestic Water Improvement District to utilize the Tucson Water Water Quality Laboratory for analysis of compounds like 1,4-Dioxane. The regional data from these local efforts will be shared amongst the partners. Tucson Water will provide a defined 'cost of service' charge per sample. Financial Impact: Fiscal Year: 2018 Budgeted Y/N: Y Amount: $ Unknown Marana Regular Council Meeting 08/15/2017 Page 13 of 141 The total cost of this IGA will be dependent on the use of services. This IGA will be utilized on an 'As Needed' basis by the Water Department. Funds to support the sampling will derive from the Water Operations budget for water quality analysis. Any cost associated with this agreement will be absorbed within the Water Department's water testing line item. Staff Recommendation: Staff recommends adoption of Resolution No. 2017-077, approving and authorizing the Mayor to sign the Water Quality Laboratory Services Intergovernmental Agreement with the City of Tucson and the Metropolitan Domestic Water Improvement District. Suggested Motion: I move to adopt Resolution No. 2017-077, approving and authorizing the Mayor to sign the Water Quality Laboratory Services Intergovernmental Agreement with the City of Tucson and the Metropolitan Domestic Water Improvement District. Attachments Resolution No. 2017-077 Tucson Water Quality IGA Marana Regular Council Meeting 08/15/2017 Page 14 of 141 MARANA RESOLUTION NO. 2017-077 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE WATER QUALITY LABORATORY SERVICES INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TUCSON AND THE METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT WHEREAS the City of Tucson operates a laboratory licensed by the Arizona Department of Health Services; and WHEREAS Tucson's laboratory is capable of testing for contaminants, including 1,4- Dioxane; and WHEREAS the City of Tucson, the Metropolitan Domestic Water Improvement District, and the Town of Marana desire to facilitate monitoring, data sharing, and regional cooperation in addressing contaminants affecting water quality; and WHEREAS the Town Council finds that the proposed Lab Services IGA is in the best interests of the Town and its residents, landowners, and businesses. NOW, THEREFORE, BE IT RES O LVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The "Intergovernmental Agreement between the City of Tucson, the Town of Marana and the Metropolitan Domestic Water Improvement District for Water Quality Laboratory Services" (the "Lab Services IGA") attached as Exlubit A to and incorporated by this reference in this resolution is hereby approved, and the Mayor is hereby authorized to sign it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Lab Services IGA. 00053588.DOCX/1 Marana Resolution No.2017-077 - 1 - 8/7/20171:52 PM Marana Regular Council Meeting 08/15/2017 Page 15 of 141