HomeMy WebLinkAbout03-20-2018 Regular Council Meeting MinutesMAPANA AZ
ESTABLISHED 1977
MARANA TOWN COUNCIL
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11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, March 20, 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. Council Member McGorray participated
telephonically. Vice Mayor Post and Council Member Bowen were excused. Council
Member Comerford arrived at 7:01 p.m. There was a quorum present.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor
Honea.
APPROVAL OF AGENDA. Motion to approve by Council Member Kai, second by
Council Member Ziegler. Passed 5-0.
CALL TO THE PUBLIC. No speaker cards were presented.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council
Member Comerford commended staff for a great Founders' Day celebration. Mayor
Honea concurred and also stated that he was with a group who visited with Marana
March 20, 2018 Regular Council Meeting Minutes
Correctional Treatment Facility this afternoon, and he stated that he believes the facility
is a real asset to the community and saves the community a great deal of money by
having inmates cleaning our streets and parks.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Mehta reported
that this is the season the community meetings are being held to update citizens on
various issues and projects within or affecting the community. Presentations are given
by various staff, including Community Services, Parks & Recreation, Engineering,
Finance and Planning. The third and final meeting of the spring meetings will be this
Thursday, March 22, 2018, at 6:00 p.m. at the Marana Municipal Complex. Notices have
gone out to the neighboring homeowner's groups, and Council is welcome to attend.
PRESENTA'T'IONS
CONSENT AGENDA. Motion to approve the Consent Agenda by Council Member
Ziegler, second by Council Member Kai. Passed 5-0.
C1 Resolution filo. 2018-022: Relating to Risk Management; approving and
authorizing the Mayor to sign the Fourth Amended and Restated Membership
Agreement between the Town of Marana and the Arizona Municipal Risk Retention
Pool (AMRRP) (Jane Fairall)
C2 Resolution No. 2018-023: Relating to Floodplain Management; approving and
authorizing the Mayor to sign the Cochie Canyon Levee Maintenance and Ingress -
Egress Easement Agreement; and adopting the Operation and Maintenance Plan for the
Cochie Canyon Levee (Frank Cassidy)
C3 Approve Regular Council Meeting Minutes from March 6, 2018 (Jocelyn C.
Bronson)
LIQUOR LICENSES
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding a person transfer and location transfer. series #7
Beer and Wine Bar liquor license application submitted by Thomas Robert Aguilera on
behalf of Casa CBW, LLC, located at 8225 N. Courtney Page Way Ste. #1911 Tucson,
Arizona 85743. Presented by Jocelyn Bronson, who noted that the application was
properly submitted, reviewed by staff and posted as required. No protests were
received. Staff recommended approval. Motion to approve by Council Member
McGorray, second by Council Member Kai. Passed 5-0.
March 20, 2018 Regular Council Meeting Minutes 2
BOARDS, COMMISSIONS ANIS COlb1MITTEES
B1 Resolution No. 2018-024: Relating to Boards, Commissions and Committees;
making appointments to the Board of Adjustment (Jocelyn C. Bronson). Presented by
Jason Angell, who noted that this item is to approve the appointment of four
individuals to fill the terms of four open seats on the Board of Adjustment. After
advertising, staff received four applications which are included in the Council packets
and were forwarded to the Council Committee for review. After receiving no
objections, the item was placed on the agenda. If there are questions or the Council
wishes to discuss this further, there is an executive session item on the agenda.
Otherwise, if there are no concerns, staff recommends approval of the four applicants as
written in Resolution No. 2081-024.
Motion to approve by Council Member Ziegler, second by Council Member Kai. Passed
5-b.
COUNCIL ACTION
Al Ordinance No. 2018.007: Relating to Traffic and Highways; amending Town
Code 'Title 12 (Traffic and Highways), Chapter 12-7 (Construction in Town Rights -of -
Way); revising section 12-7-5 (Permit process) to add grounds for denial of a permit;
revising Section 12-7-8 (Construction requirements) to update reference to standard
specifications and details; revising section 12-7-9 (Newly constructed asphalt
pavements) to amend construction requirements for certain categories of asphalt; and
designating an effective date (Jane F'airall).
Ms. Fairall stated that since it's been in place, the town code has prohibited pavement
cuts to asphalt that is five years old or less. This ordinance would change that so
pavement cuts will be prohibited for pavement that has an overall index rating above 70
regardless of the age of the pavement. So the condition of the pavement rather than the
age would determine whether open pavement cuts would be allowed. However, there
are conditions in the code that if the only way construction can move forward is to
make pavement cuts, the town engineer can grant a waiver of that provision. Under
that circumstance, it would be the general rule that a directional bore would be used
rather than an open pavement cut to preserve our good roads, streets and rights of way.
The other proposed change would be that the town engineer could deny right of way
permits for construction in our right of way if an applicant has failed to perform on a
previously issued permit. Council Member Kai asked if staff has worked with the
Southern Arizona Home Builders Association (SAHBA) and any concerns they have.
Ms. F'airall noted that staff did reach out to stakeholders throughout southern Arizona,
and a meeting was held here with pretty good attendance from the development
community. Scott Leslca from Public Works stated that there was not a lot of concern
and didn't bring up anything at the meeting. They just wanted clarification on the
March 20, 2018 Regular Council Meeting Minutes 3
pavement cut moratorium in general and always requiring them to bore under the road
rather than make pavement cuts. Council Member Kai asked about the life expectancy
if pavement tests over 70 overall condition index OCT. Mr. L,eska responded that it all
depends on how well the road is maintained with different types of treatments. You
could have a 15 -year old road and do a treatment on it to make it 70 OCI. Since we have
a six-year pavement treatment program, we try to keep all roads over 70 OCI.
Motion to approve by Council Member .Kai, second by Council Member Ziegler. Passed
5-0.
F12 Ordinance No. 2018.008: Relating to Traffic and Highways; revising Marana
'Town Code Title 12 (Traffic and Highways) by adding a new Chapter 12-9
(Overdimensional Vehicles); and designating an effective date (Jane Fairall)
Resolution No. 2018-025: Relating to Traffic and Highways; declaring as a public
record filed with the Town Clerk the revisions to the Marana Town Code adopted by
Marana Ordinance No. 2018.008; revising Marana Town Code Title 12 (Traffic and
Highways) by adding a new Chapter 12-9 (Overdimensional Vehicles) (Jane Fairall)
Ms. Fairall noted that this ordinance would add a new chapter to the Marana Town
Code in Title 12 that would authorize the town to issue permits for overdimensional
vehicles traveling on our streets and maintain and preserve the good roads within the
town. The Legal department and Public Works have been working on this ordinance
over the last several months. The key provisions to be noted is that we are not doing
anything outside of relevant state law, so that any permits the town issues would
conform to state law and regulations. The ordinance would allow permits for single
trips for 30 days or for one year. For the yearly permit, the load would have to be for the
same weight and equipment.
The intent is to work with the permitee to find the best route, but if we had a concern
wherein we felt there needed to be an analysis to carry a load over a bridge or a culvert,
we could require the applicant to do an analysis at their expense and provide that to
staff prior to issuing the permit. Any failure to comply with the ordinance, such as not
getting a permit, is a civil infraction. Staff is proposing permit fees. The current fees are
not before Council tonight, although we have advertised them in the comprehensive fee
schedule which has been discussed at a prior study session relative to the budget
process. Staff is suggesting fees comparable to state law and other municipal permitting
schemes, which is $15 for a single trip, $30 for a 30 -day permit, or $360 for a one-year
permit. Even if the ordinance is adopted now, these fees would not go into effect until
the new comprehensive fee schedule or amendments to the fee schedule is adopted
after July1, 2018.
Council Member Kai asked whether the ordinance has any "teeth" to require loads at
the legal limit to take a route that has less impact on the condition of the road. Ms.
March 20, 2018 Regular Council Meeting Minutes 4
Fairall responded that if the loads are within the legal limits and dimensions as allowed
by state law, there is very little staff can do as far as permitting. Local government
cannot be more stringent than what is allowed by state law. Perhaps some additional
outreach can be done with companies. Council Member Ziegler asked if the town
regulates weight. How do we know if a truck is overweight? Ms. Fairall responded
that because we haven't had an ordinance in place, we haven't monitored that. So the
ordinance would give us a tool to monitor and perhaps make a stop if there is
reasonable suspicion to believe that a load is overweight or overdimensional.
Motion to approve Ordinance No. 2018.008 and Resolution No. 2018-025 by Council
Member Ziegler, second by Council Member Kai. Passed 5-0.
I'T'EMS FOR DISCUSSION/ POSSIBLE ACTION
D1 Relating to Public Safety; discussion and direction regarding the Town's public
safety communications system, including discussion regarding possible migration of
the Town's system to the Pima County Wireless Integrated Network (PCWIN) radio
system (Carl Drescher).
Mr. Drescher noted that the current radio system in place can no longer be supported
as a mission -critical public safety system. He proceeded with a brief overview of a
history and the technology challenges that we may encounter. There was a general
movement of vendors away from custom-built systems and more to off-the-shelf
equipment. One of the major reasons for doing this was to take advantage of some of
the advances we see year -in and year -out with hardware and software. The good news
is that we able to use some of these hardware and software advances. The bad news is
that as equipment ages, it becomes harder to replace. A good example that we see
today is on our dispatch consoles. We are using a version of Windows that is five
revisions old. It still is a good, stable version. The problem is that if we have a hardware
component fail, it's difficult to put a hard drive in one of those machines and have the
correct device drivers for the old version of the operating system - it's just not
supported.
We have two options before us that make sense. One is to replace our current radio
system. The other is to look at migrating our radio traffic over to the PCWIN system.
The PCWIN system came online in 2014. In March of 2017, the town officially joined
PCWIN as a member, and we secured 12 radios that we use for our command staff in
the police department for interoperable communications with all the other fire and law
enforcement agencies that are on PCWIN. The PCWIN in general was very well built,
and since it went online in 2014, there have been no major outages or system issues.
With Marana joining last year, we are part of 34 law enforcement agencies who are
members of the PCWIN system.
March 20, 2018 Regular Council Meeting Minutes 5
PCWIN is governed by the board of directors whose responsibility is setting the
strategic direction, oversight of the system and also creating policy moving forward.
Mayor Honea asked who selects the board of directors. Mr. Drescher responded that
the board consists of one member from each participating member no matter what the
size of the agency, and each member has one vote which is not weighted. He continued
that prior to coming to the town, he was involved in the initial configuration and build-
out of the PCWIN system. Now that we are in the operational phase, what he is seeing
is a tremendously different climate than when the system was being built. It's a very
good cooperative environment from all of the members who are working together for
the operation of the system and planning for its future.. Regarding the governance
board, there are two other committees of which the town is also a member - an
operational committee and a technical advisory committee. Those committees work
through issues and provide input and recommendations to the board of directors.. He
also noted that Chief Rozema is the primary member on the board, and Deputy Chief
Nunez is the secondary member.
Whichever option is selected, it is important to understand that 9-1-1 calls from Marana
will be answered at our center, and Marana police will be dispatched by our
communications staff. If we go with PCWIN, the towns assets stay with the town. It is
our intention to keep our current radio system alive and functioning for things such as
Explorer training or Marana events. We would just need to work with a vendor to
provide parts to keep it alive. And in a catastrophic event, it would give us a back-up
for our public safety communications.
Chief Rozema spoke to the operational impacts. The interoperability issue has been
one that has been one posed to public safety for the better part of 17 years or 9/11. All
of the recommendations and push since that time has been to push toward
interoperability. On a daily basis we are working with Northwest Fire, and to work
with Northwest Fire and have to communicate with our dispatch people and then their
dispatch people and back and forth multiple times is a very cumbersome and drawn
out process that doesn't need to occur. He also noted that Marana police interact and
work with on a weekly and sometimes daily basis the Pima County Sheriff's Office.
Multiple relays of messages back and forth can be very difficult by impeding our ability
to carry out our tasks in the most efficient way. Radio interoperability eliminates the
relay impediments so that we can seamlessly communicate. It is good that we got the
1.3 radios in 2017, but most of the work that is being done is by the ground level police
and fire personnel. Chief Rozema further noted that his involvement with the
governing board has been extremely positive. We have been welcomed to the table and
treated as a voting member. Rick Brown, who formerly worked for Marana, is now the
executive director of the PCWIN system and is someone we trust and also have a great
relationship with. Mayor Honea asked if the board sets the cost for monthly fees or
changing radios.
March 20, 2018 Regular Council Meeting Minutes 6
Mr. Drescher responded that the board looks at the budget annually, and since the
initial implementation of the system the actual costs of the radio is $33. In the last four
years, it has maintained the $33 figure. The Board looks at the overall maintenance
costs and what upgrades needs to occur. That is how the budget is set. Council
Member Comerford asked if all 34 agencies are on the same frequency. Chief Rozerna
stated that they are not, but they do have the ability to communicate with each other by
switching to a different frequency. Council Member Kai asked for clarification on the
ability to communicate with different agencies not on PCWIN in the case of a flood or
other emergency and whether if FEMA comes in, would we have the ability to
communicate with FEMA. Chief Rozerna responded that although FEMA wouldn't be
on the network, it would not preclude the town from using one of our radios to
communicate with them. In that type of situation, we go under what is called a unified
command, so everyone would have a representative at the command post and would be
communicating with them directly and not necessarily via the radio.
Mr, Montague then addressed the financial implications of PCWIN. To join PCWIN,
there is a capital element of about $575K. The bulk of that, or about $360K, is for
dispatch consoles. Approximately $100K is for licenses, and then there is some back -end
infrastructure that needs to be replaced - redundant loops and switches. In the current
budget, the annual maintenance is about $175K. We anticipate that by going into
PCWIN those annual costs would be about $80K. That savings would accumulate over
time to pay for the one-time capital expenditure after six years. The alternative would
be for the town to maintain its own system for a one-time capital expense of about
$1.4M to replace the existing system which will no longer be supported. Ongoing
annual maintenance would be higher than even our current structure, at approximately
$250K.
Mr. Montague continued that based on the technology piece presented by Mr. Drescher,
the operability aspect as described by Chief Rozema, and the financial element, it is
staff's recommendation that Council consider moving to the PCWIN system. Mayor
Honea asked if there was a cost to exit the PCWIN system. Mr. Drescher stated that
there would be no cost other than that the town would have to build a new system for
town use. Also, the town would own all of the radios and dispatch centers. Council
Member Comerford thanked staff for a great presentation and noted that this was a
major improvement from the first time it was presented to Council.
Council Member Ziegler moved to direct staff to migrating the town's public safety
communications to the PCWIN system, second by Council Member Kai. Passed 5-0.
D2 Relating to Legislation and Government Actions; discussion and possible action
regarding all pending state, federal, and local legislation/ goverlunent actions and on
recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta)
March 20, 2018 Regular Council Meeting Minutes 7
Mr. Mehta began by noting that Council receives a weekly report on over 20 different
House or Senate bills that we are tracking. He focused on two bills which may
significantly impact our operations one way or another. The first one is being
sponsored by Cox Communications dealing with video service. Their proposal is that
instead of applying to the individual jurisdictions in which they would be doing a curb
cut or a pavement cut, which we just talked about, they would go directly once to a
state agency such as the Secretary of State and make an application, and that would be
good for any jurisdiction they want to perform work in. The town is opposed and our
opposition is being represented by our lobbyists and by the League of Cities and Towns
as the bill stands right now.
The other bill has to do with the County Transportation Excise Tax, but there have been
several variations to that. This is SB 1147 or HB 2165. This started as legislation to allow
for the County, which normally would require a super majority to put any excise tax
forward. As initially proposed, the County would only have to have a simple majority
to put an excise tax item on the ballot and call it a transportation plan. That bill has
morphed into a bill where the RTA of a jurisdiction would have the ability to go to the
voters and ask for an extension to their existing plan. For example in Pima County, if
there was the ability to do so, that would give the RTA a renewed life of possibly of up
to 2030 or even 2040. At this time, we have more questions than answers on this. While
it appears to have changed its general format from being a County -sponsored bill into
an RTA -supporting tax extension bill, there is no word of this at the RTA. We would be
interested in knowing more from the RTA group. We are not proposing to oppose or
support the bill whole-heartedly because we have more questions, but it is something
that we should be tuned into before this goes forward. It is scheduled for a hearing in
the House Ways and Means on March 22, but it is not yet scheduled to go to the
Committee of the Whole (COW). There are still some unknown elements such as
whether the Board of Supervisors will have a role in the RTA tax extension.
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 Executive Session pursuant to A.R.S. § 38-431.03 (A)(1) for discussion,
consideration and possible interviews of candidates for appointment to the Board of
Adjustment.
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
March 20, 2018 Regular Council Meeting Minutes 8
be placed on the agenda for the second regular Town. Council meeting after the (late of
the request, pursuant to MaranaTown Code Section 2-4-2(B).
ADJOURNMENT'. Upon motion by Council Member Ziegler, second by Council
Member Kai, the meeting adjourned at 7.53 p.m. Passed 5-0.
CERTIFICATION
1. hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council meeting held on. March 20, 2018. 1 further certify that a quorum was present.
. . ........... . - .......... ....
.)celyr,n� Bronson, Marana'I'own Clerk
MARANA AZ
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March 20, 2018 Regular Council Meeting Minutes