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Home My WebLink About03/06/2018 Regular Council Meeting MinutesMARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 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 Vice Mayor Post. Passed unanimously. CALL TO THE PUBLIC. Barry McCain, candidate for Legislative District 11, spoke regarding his interest in running for elected office as a clean election candidate. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Mayor Honea reported on his meeting with Congressman O'Halleran regarding keeping a helicopter squadron at Pinal Air Park. He and Council Member Comerford attended March 6, 2018 Regular Council Meeting Minutes the Police awards at the Stardance Center last week. The Mayor and Mr. Mehta were invited to tour the CTE programs at Marana High School, one of which was in welding. He noted that the welding students built the deer art at the new Tangerine Sky Park. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Mehta announced that Founders' Day is this Saturday, March 10, The Council Executive Report for February is available on the dais and online. He noted that between January and February of 2018 single family new starts are ahead of last year's count by 20 new SFR's. He further noted that there are five items on the Consent Agenda regarding the Procurement Code, specifically change orders relating to capital improvement projects within the town. If Council wishes to discuss any of these items in greater detail, they can be discussed as Action items. PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Council Member McGorray. Passed unanimously. C1 Resolution No. 2018-017: Relating to Police Department; authorizing the Chief. of Police to apply for grant funding from the Governor's Office of. Highway Safety for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2018-2019 (Rachel Whitaker) C2 Relating to Procurement; approving a change order to the Marana Public Safety Facility (PDFAC) project construction contract with CORE Construction, Inc. in the amount of $38,747.00; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Keith Brann) C3 Relating to Procurement; approving a change order to the Ina Road Pavement Reconstruction project (ST058) design contract with Dibble & Associates Consulting Engineers for the amount of $57,530.00; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Keith Brann) C4 Relating to Procurement; ratifying the Town Manager's approval of a change order to the Marana Road Realignment project (ST044) construction contract with Pima Paving Inc. in the amount of $101,345.00; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Keith Brann) C5 Relating to Procurement; approving the addition of $500,000 in expenditure authority to the Tangerine Sky Park (PK014) project for the addition of certain required hard structures; reducing expenditure authority of the Santa Cruz Shared Use Path - March 6, 2018 Regular Council Meeting Minutes 2 Phase 11 (PK006) project in the amount of $300,000 and the Santa Cruz Shared Use Path - El Rio to Avra Valley (PK013) project in the amount of $200,000; and authorizing the Town Manager or designee to execute any necessary documents to effectuate the addition to the expenditure authority for the T angerine Sky Park (Keith Brann) C6 Resolution No. 2018-018: Relating to Intergovernmental Relations; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Town of Marana, Northwest Fire District and Marana Unified School District No. 6 for development review and inspection, facility use and general cooperation (Jane Fairall) C7 Resolution No. 2018-019: Relating to Administration; approving the transfer of up to $350,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2017-2018 budget to the Downtown Marana Reinvestment Fund construction line item for the hard scape and related landscaping of the newly constructed roundabout at Marana Main Street and Sandario Road (Erik Montague) C8 Resolution No. 2018-020: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pima County for provision of video -court hearings of municipal prisoners for 2018-2019 (Laine Sklar) C9 Resolution No. 2018-021: Relating to Public Works; approving and authorizing the Town Manager to sign a Settlement Agreement and the Town Engineer to sign all other documentation necessary for the purchase of property rights needed from the Arizona District Council of the Assemblies of God for Town of Marana Project No, ST021 Tangerine Corridor/ Tangerine Road, Twin Peaks to La Cafiada Drive (Frank Cassidy) C10 Approval of Study Session Meeting Minutes and Regular Council Meeting Minutes from February 20, 2018 (Jocelyn C. Bronson) LIQUOR LICENSES Ll Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a location transfer series 9 Liquor Store liquor license application submitted by Kim Kenneth Kwiatkowski on behalf of Circle K Store #3496, located at 5725 W. Ina Road, 'Tucson, Arizona 85743 (Jocelyn C. Bronson). Ms. Bronson noted that this application had been properly posted, reviewed by staff, and that no protests had been received. Staff recommends approval. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously. L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Sharon Loraine Nelson on behalf of Sunflower Vintage Gardeners to be March 6, 2018 Regular Council Meeting Minutes 3 held on March 18, 2018 (Jocelyn C. Bronson). Ms, Bronson indicated that this application was properly submitted, reviewed by staff and recommended for Council approval. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL, AC'T'ION Al PUBLIC HEARING: Ordinance No. 2018.006: Relating to Development; amending the Gladden Farms II Specific Plan to revise the land use designation of Block 35 from Single Family Detached 8 (SFD-8) to Single Family Detached 6 (SFD-6) with an average lot size of at least 6,600 square feet; to revise the land use designation of Block 34 from Commercial (C) to Transitional Zone (TR); to reduce the size of Block 32 from 8.8 acres to six acres and incorporate the excess acreage into Blocks 31 and 33 with their currently approved SFD-6 land use designation; and to revise the collector roadway network to realign the eastern half of Mike Etter Boulevard and eliminate Pacheco Farms Road (Steven Vasquez). Mayor Honea opened the public hearing. Jason Angell presented this item to Council, noting that the item is a continuation of the meeting on February 20, 2018, at which time the Council asked for additional time for staff to address their questions related to the proposed amendments. He then highlighted the four requested amendments that are being requested by the developer, three of which remain the same from the February 20th meeting and one that has been altered since then. The first is the land use designation in Block 34, changing that designation from Commercial to Transitional Zoning. The second requested change is revising the land use designation in Block 35 from Single Family Detached 8 to Single Family Detached 6, which has a minimum lot size of 6,600 square feet. But the developer, through this requested amendment, has guaranteed that the average lot size in this area would not be less than 6,600 square feet. Another requested amendment is to revise the collector network to realign Mike Etter Boulevard. The last requested change is to the private or HOA park in Block 32, reducing it from the proposed 8.8 acres to six acres. In exchange for this reduction, the developer has agreed to install lighted soccer facilities in Heritage River Park before the 4006, single family home permit is issued or within two years, whichever comes first. All of these changes would need to be included into a revised development agreement which staff will bring forward should Council wish to proceed with these requested amendments. If the Council were to find these amendments acceptable and wish to proceed, staff has drafted an ordinance and included it in the Council packet. He noted that the developer was in the audience and available to address questions. Mayor Honea asked for speakers from the audience. Hearing none, he closed the public hearing. Motion to approve by Vice Mayor Post, second by Council Member Ziegler. Passed unanimously. March 6, 2018 Regular Council Meeting Minutes 4 ITEMS EOI2 DISCUSSI®N/ POSSIBLE ACTI®N D1 IZelating 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 (Jamsheed Mehta). Mr. Mehta noted that the Council receives legislative updates on a regular basis. He then reported on three bills of significance that the town has been following, which are HB 2325. The town opposes this bill. It is not moving, and it may not. SB 1147 relates to county excise tax. This bill is moving through the legislature and it might pass, and the town opposes in its current form. It is being proposed as a transportation plan bill, and we are hoping it stays that way. Passage of this bill could mean a loss of $48M to cities and towns. The third bill relates to transaction privilege tax (TPT) on. digital goods and services. Passage of this bill could mean a loss of $48M to cities and towns. Along with. the League and several school districts, the town also opposes this bill, EXECUTIVE SESSI®NS 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. 'The Mayor asked for a motion to go into executive session at 7:24 p.m. on items E2, E3 and E4. Motion to approve by Council Member Bowen, second by Council Member Comerford. Passed unanimously. Council returned to the dais at 8:05 p.m. E1 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 to consider the Town's position and instruct the Town's attorneys regarding the proposed settlement of Town of Marana v. Watson, Pima County Superior Court case number C20161543, a Tangerine Corridor right-of-way condemnation case. Motion to authorize settlement in the amount of $180K for just compensation and statutory fees by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. E3 Executive session pursuant to A.R.S. § 38-431.03(A)(3) & (7) for legal advice with the Town's attorneys regarding the Adonis Mobile Hoene Park wastewater conveyance system and ponds and to instruct Town staff about negotiations for possible acquisition thereof. Motion to authorize staff to ,proceed in a manner consistent with the discussion in executive session by Vice Mayor Post, second by Council Member Bowen, Passed unanimously. March 6, 2018 Regular Council Meeting Minutes 5 E4 Executive session pursuant to AR.S. § 38-431.03(A)(4) for discussion or consultation to consider the Town's position and instruct the Town's attorneys regarding the proposed settlement of Town of Oro Valley v. Corona NW Associates I L,imited Partnership, Pima County Superior Court case number 020164057, a Tangerine Corridor right-of-way condemnation case. Motion to authorize settlement in the amount of $171,052 for just compensation and statutory fees by Vice Mayor Post-, second by Council Member Bowen. Passed unanimously. 1,111ft-KORWEX'"NON 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(13). ADJOURNMENT CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 6, 2018. 1 further certify that a quorum was present, . ......... .. Jocelyn. ocelyn. . Bronson, Manana Town Clerk A MARANA AZ F, STAB L I S 14 F D 19 7 7 March 6, 2018 Regular Council Meeting Minutes 6