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HomeMy WebLinkAbout02/06/2018 Regular Council Meeting Minutes MARANA AZ E STAB L IS H ED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 6, 2018, 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. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member Bowen, second by Council Member Comerford. Passed unanimously. CALL TO THE PUBLIC. No speaker cards were presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. No reports. February 6,2018 Regular Council Meeting Minutes MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Mehta reported that the Council Executive Report for January is available. Of note, 82 single family residences were permitted, PRESENTATIONS P1 Presentation relating to Utilities; Marana Water Resources Update (John Kmiec). Mr. Kmiec gave a first quarter update on the current wastewater utility and the new designation we have concerning the utility. For the year ending 2017, over 742M gallons of water was produced for our customers. There were two peak months - June,just prior to the monsoons, and October, if there is a hot, dry fall. Comparisons for year over year show an 11 percent increase. Looking at the water customer base, in 1997 when the water department was founded, we started with 571 customers. There was a slow increase up to about 2002, a more significant increase starting in 2006, and as of December 2017, we have 7,410 water customers, Based on housing starts this year, those numbers should trend upward. On the wastewater or water reclamation side, in 2012 when the Luckett plant became part of the Marana water system,, we started at about 1,894 customers. With the growth of North Marana, as of December 2017, we have 3,582 customers. We had a substantial increase in 2017, as expected, due to the Saguaro Bloom pipeline being completed. We now have the full advantage of any hookups in Saguaro Bloom as well as North Marana going to that plant. Mr. Kmiec then displayed a map of the water service areas. The four largest areas are North Marana, using over 900 acre feet (AF), Picture Rocks, which includes Continental Reserve, using over 750 AF, Hartman Vistas, using 421 AF, and Airline-Lambert, using nearly 262 AF. Total AF used in all service areas was 2,791.4. Regarding Water Use Reporting to Arizona Department of Water Resources (A.DwR), in the late 1990's we were using predominantly groundwater allocations, but around 2010 when we had the transfer of the CAP contract from the Flowing Wells Irrigation District,, that increased our portfolio substantially from 47 AF to 1.528 AF. Currently, we are using predominantly renewable resources in the form of CAP. Once we get the final numbers for 2017, we will be using all recovered CAP water, which includes the Avra contract water which came in last year. So now we are close to 100 percent renewable resources. Later this year when we start storing our affluent at the new facility, we will be using our renewable resources fully and reserving our "banked" water. In 2007, we received our designation of assured water supply for 10 years, which meant it was up for renewal in 2017. Starting in 2015, staff spent about 1.4 months working with ADWR on our water portfolio. Our old assured designation did not have effluent as a resource, and we wanted to add that to our new designation - the effluent as well February 6,2018 Regular Council Meeting Minutes 2 as the Avra contract water. In December we did get a new designation of assured water supply for the town. And working with ADWR, we have extended it to 2033. We will be able to take on new growth as long as it falls within that supply of 6,580 AF per year. P2 Presentation relating to Boards, Commissions and Committees; update and discussion regarding recommendations from previous Marana Citizens' Forum sessions (Heath Vescovi-Chiordi). Mr. Vescovi began with an overview of the Forum since its inception in 2012. He acknowledged all of the staff who have provided support to the Forum over the years including Jane Fairall, Laine Sklar, Tony Hunter, Amanda Jones and Hilary Hiser, Currently, Jocelyn Bronson and Heath facilitate the Forum. During the past five years, Forum delegates have presented recommendations to Council on 12 topics including civic engagement,, managing local resources, North Marana. growth, job creation and retention,, a retention action plan, Development Services process improvement, technology within the town, Parks and Recreation, Public Safety education, citizen participation in Strategic Plan 3, the Marana zip code issue, and the development of a public art policy. Mr. Vescovi noted that many of the recommendations have been instituted in whole or in part, and he highlighted three topics, their recommendations and the current status. Those topics are the Public Safety Program which resulted in a FOCUS awareness video series, the Development Services Process Improvement Initiative which now includes new development plan packages, an all-inclusive review process, and the continuous review and updating of fees, forms, and information. Staff is also exploring online payment systems. As a prelude to the third topic recommendation, Heath discussed the Tangerine Sky Park ad hoc committee, which was comprised of five delegates to assist in the selection of the artist,, art and location of the Deer at Tangerine Sky Park. The final highlighted topic is the recommendation for a Public Art Policy. Staff has been given direction from the Manager's Office to explore and draft a town-wide public art policy for Council consideration. CONSENT AGENDA. Motion to approve by Council Member Ziegler, second by Council Member McGorray. Passed unanimously. C1 Resolution No. 2018-009: Relating to development; approving a release of assurances f or certain lots of Farm Field Five Amended Subdivision and accepting public improvements for maintenance (Keith Brann) C2 Resolution No. 2018-010: Relating to Special Events- renaming the Marana Cotton Festival as the Marana Farm Festival (Vickie Hathaway) C3 Resolution No. 2018-011: Relating to Public Works- authorizing 'Town staff and representatives to acquire lands and property rights needed for Adonis Road Extension, Grier Road to Tangerine Road, Town of Marana Project No. ST059, by negotiation or condemnation (Frank Cassidy) February 6,2018 Regular Council Meeting Minutes 3 C4 Approval of the January 11, 2018 Special joint Study Session Meeting Minutes, January 16, 2018 Regular Council Meeting Minutes, and February 1, 2018 Special Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B1 Relating to Boards, Commissions and Committee; selecting three potential topics for the Winter 2018 Marana Citizens' Forum (Jocelyn Bronson). Ms. Bronson noted that since the inception of the Forum in 2012, 82 delegates have participated in one or more sessions. Four of those delegates have participated from 2012 to 2017. Those are Ginny Huffman, Dale Moe, Jinn Shaw and Jeff Voss. Unfortunately, in December 2017, Jeff Voss passed unexpectedly. Jocelyn took the opportunity to express publicly to Jeff's family, friends and neighbors the condolences of the town. She also noted several current and former delegates in the audience and expressed her thanks to all past and current participants who have made the program successful. Next, she presented the topic matrix for the upcoming session which begins February 15th. She noted that some topics had been before Council previously, but with slightly different definitions. All topics could address process improvements, but mostly they would require a plan for more citizen input. The topics were ""Get Out the Vote,`• "citizens Engagement in Budget Management & Financial Transparency," "Civic Engagement in Volunteerism, Neighborhood Meetings & Public Forums," "Update to the General Plan," ""Parks & Recreation Healthy Community,"' and "Water Conservation Efforts." Ms. Bronson noted that the staff in both the Parks and the Water departments have staff working on innovations for public awareness, so the general goal of the Forum would be to help devise a communication plan or campaign for citizens. After the Council submitted their preferences on the tally sheets, Ms. Bronson announced that four of the topics would be presented by staff to the Forum on February 15th. Those topics are: Parks & Recreation Healthy Community, Update to the General Plan, Civic Engagement in Volunteerism, Neighborhood Meetings & Public Forums, and Get Out the Vote. In response to a question from Council Member Ziegler, Ms, Bronson noted that the Forum Orientation would be at 5:30 p.m. on Thursday, February 15, 2018, at the Marana Community Center. COUNCIL ACTION Al Ordinance No. 2018.003: Relating to Health and Sanitation, amending Marana Town Code Title 10 (Health and Sanitation); Chapter 10-2 (Maintenance of Property); revising Section '10-2-1 (Definitions) to expand the definition of "Refuse"; and designating an effective date (Libby Shelton). Ms. Shelton noted that the town code February 6,2018 Regular Council Meeting Minutes 4 currently requires that a property- remain free of refuse, and this ordinance clarifies and expands what the definition is to include discarded and scrap pieces of furniture, Inoperable or abandoned equipment or appliances, cabinetry, household fixtures, construction material and mechanical parts. In addition, it would include any deposit, accumulation, pile or heap of metal, and empty or discarded containers. .emotion to approve by Council.Member Bowen, second by council Member Kai. Passed unanimously. 4 A2 ordinance No. 2018.004: Relating to Animal Control; amending Marana Town. Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to clarify definitions related to destructive animals and vicious animals; revising section 6_2-2 (Appointment of animal control officers; authority) to clarify animal control officer authority to stop and detain; revising section 6-2-6 (Enforcement; continuing violation) to add provision allowing court to order abatement of violations; revising section 6-3-4 (License required; classification) to add violation for failure to license dog after notice; revising section 6-3- 9 (Transfer of license; fee; classification) to eliminate reference to transfer fees and requirement that releasing owner provide report; renaming chapter 6-5 (Dog waste Removal) as "Animal Waste Removal"; revising section 6-5--1 (Dog waste removal; exceptions; classification) to rename 1t as ""Animal waste removal; exceptions; classification" and to change all references from "dog" to "domestic animal"; revising section. 6-7-2 (Prohibited acts; classification; defenses) to add provision allowing magistrate to find an animal vicious or destructive upon conviction of violation; revising section 6-7M-4 (Quarantine of biting animals; reporting; handling and destruction; exception; classification) to allow cats to be quarantined at home in certain circumstances; adding new sections 6--7-5 (Evaluation of animals) and 6-7-6 (Duty to report animal's status; effect) regarding vicious and destructive animals; revising section 6-8-3 (Impoundment of animals subject to cruelty and neglect and vicious or destructive animals) to add provision allowing evaluation of impounded animals; modifying various other provisions; and designating an effective date (Jane Fairall) Resolution No. 2018-012: Relating to Animal Control; declaring as a public record filed with the Town Clerk the amendments to Marana Town Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to clarify definitions related to destructive animals and vicious animals; revising section 6--2_2 (Appointment of animal control officers; authority) to clarify animal control officer authority to stop and detain; revising section 6-2-6 (Enforcement; continuing violation) to add provision allowing court to order abatement of violations; revising section 6-3-4 (License required; classification) to add violation for failure to license dog after notice; revising section 6-3-9 (Transfer of license; fee; classification) to eliminate reference to transfer fees and requirement that releasing owner provide report; renaming chapter 6-5 (Dog waste Removal) as "Animal Waste Removal"; revising section 6-5-1 (Dog waste removal; exceptions; classification) to rename it as "Animal waste removal; exceptions; classification" and to change all references from "dog" to "domestic animal"; revising section 6-7-2 (Prohibited acts; February 6,2018 Regular Council Meeting Minutes 5 classification; defenses) to add provision allowing magistrate to find an animal vicious or destructive upon conviction of violation; revising section 6-7-4 (Quarantine of biting animals; reporting; handling and destruction; exception; classification) to allow cats to be quarantined at home in certain circumstances; adding new sections 6-7-5 (Evaluation of animals) and 6-7-6 (Duty to report animal's status; effect) regarding vicious and destructive animals; revising section 6-8-3 (Impoundment of animals subject to cruelty and neglect and vicious or destructive animals) to add provision allowing evaluation of impounded animals; modifying various other provisions; and designating an effective date (Jane Fairall). Ms. Fairall noted that the ordinance contains various amendments which staff rewrote last year with an effective date of July 1. when the town took animal control and animal services in-house. After having several months to work with that code, staff discovered some areas that they felt could use some clarification and some amendments which were anticipated. She highlighted a few of the significant amendments. A section regarding the possession of vicious and destructive and biting animals. It clarifies if a magistrate finds a person guilty of violating that section, the magistrate can declare the animal vicious and destructive and make any recommendations or orders for the safety of the public. A. new section was added just to make it clear that whenever our animal control officers have reason to believe that an animal may be vicious or destructive, they can do an evaluation of that animal to make a determination, and the animal control officers do have a process by which that evaluation is conducted. Another section was added that would require an animal that has been declared vicious or destructive in another jurisdiction., if the owner moves into the town limits, they need to report that status of the animal to our animal services division. A revision, was made to a section which involves the impoundment of animals that have either been subject to cruelty and neglect or have been determined to be vicious or destructive or acted in a vicious manner, that makes it clear that if an animal has been impounded under those circumstances, our animal control officers can conduct an evaluation to make a determination about the nature of the animal. vice Mayor Post asked for clarification that the determination is not being made according to breed. Ms. Fairall responded that determination is not made according to breed. .Motion to approve ordinance No. 2018.003 and Resolution No. 2018-012 by Council .Member MCGorra y, second by Council.Member Kai. Passed unanimously. ITEMS FOR DISCUSSION/POSSIBLE AC'T'ION D1. Resolution No. 2018-013. Relating to Administration; appointing Janisheed Mehta as Tou)n Manager; approving and authorizing the .Mayor to execute an Eniploy nen t Agee hien t beftwen the Tou)n of Marana and Janisheed Mehta (Jane Fairall) Ms. Falrall noted that this resolution would appoint Jamsheed Mehta as the 'Town Manager and authorize the Mayor to executive an employment agreement between the town and Mr. Mehta, The agreement has an initial one-gear term which begins today and does include a provision that allows the contract to extend on the same terms and February 6,2018 Regular Council Meeting Minutes 6 conditions unless the town either terminates the employment or replaces or amends the agreement. The agreement includes an annual base salary of $188,000 and benefits consistent with other town employees in addition to other benefits listed in the Council packet. There is an executive session on tonight's agenda in the event that the Council needed that, but she noted that there was one on February 1, 2018. Motion to approve by Vice .mayor fast, second by council Member Kai. Massed unanimously. Mrs Mehta thanked Council for their confidence in hint as staff to Council and manager of the administration. He noted that the Council has benefited from the leadership of Mr. Davidson in the past, and Marana is in a great place due to Council direction. He feels that this was the perfect time to assume the role. He concluded by again thanking Council for their leadership and his appointment. D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/goverrunent actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta) Mr. Mehta addressed Council with some legislative bills that are of interest and which staff has been following. HB, 235 repeals Rep. Leach's 2017 bill banning counties from unilateral acquisitions of land within municipal boundaries without consulting the elected body of the municipality prior. We are actively opposed and believe last year's bill should not be repealed. HB 2165 is a new bill Which would allow a county board of supervisors by a simple majority vote, to send a transportation plan and accompanying excise tax to the county voters. It begs the question of the county's role would be versus the RTA which is an established planning organization dealing with those matters. Staff is concerned with another conversation that is happening, primarily within Pima County, where what appears to be an initial transportation bill but which appears to be a funding source for the general fund in Pinta County. our concern is at what point do we rely or not rely on the transportation dollars that flow out of it. We are watching the Senate bill very carefully and at the same time watching what is happening locally at the Board of Supervisors meetings. Highway User Revenue Fund. (HURF) distribution is something that we have always proposed should not be affected. There is one proposal, HB 2933, where the state would initiate a whole new form of revenue generation by creating a new highway safety fee, and once that fee is created by the state, there would be no need for additional. sweeps Which now occur. For example, they fund the Department of Highway Safety. With the legislation, we hope that it releases up to $99M back into the HURF fund for distribution. At the same time, we are equally concerned about how the new formula for HURF distribution will play out, and we are waiting for the analysis, either by the February 6,2018 Regular Council Meeting Minutes 7 state or by the League, and then we'll know exactly how we are benefitting from the new distribution or if we are a donor con-imunity and not getting back what our due share is. There is one piece of information which might be of more interest to the Council which has to do with the cost of living adjustments to the elected official retirement program. This is something that we have heard it's going forward to the Finance Committee tomorrow. It would require a Constitutional amendment which means it has to be ratified by the voters. There are several other bills 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 (A.)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E2 Execu tine Session pursuant to A.R.S. §38-431.03 (A)(]) to discuss the eniployment of Interim Tou)n Manager Janisheed Mehta, including possible appointivent as Tou)n Manager. FUTURE AG_'1__.I ,NDA 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 24-2(13). ADJOURMENT. Motion to adjourn at 7:41 p.m. by Council Member McGorray, second by Council Member Bowen. Passed unanimously. CERTIFICATION' I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on February 6, 2018. 1 further certify that a quorum was present. Jocelyn Cd. Bronson, Town Clerk ARANA AZ FSTASLISHF,r) 1( 77 February 6,2018 Regular Council Meeting Minutes 8