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HomeMy WebLinkAbout04/03/2018 Regular Council Meeting MinutesMAPANA Apt ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 3, 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 7:01 p.m. Town Clerk Bronson called roll. Council Member Kai was excused. There was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea who asked for prayers during the moment of silence for Council Member McGorray"s family. APPROVAL OF AGENDA. Motl*on to approve by CouncH Member Bowen, second by Vice Mayor Post., Passed unanimously 5-0. CALL TO THE PUBLIC. No speaker cards were presented. PROCLAMATIONS P1 Proclamation honoring Carol McGorray (Jocelyn C. Bronson). Mayor Honea asked that Council Member McGorray's family come forward while he presented a framed photo of Ms. McGorray, Town Clerk Bronson read a proclamation honoring April 3, 2018 Regular Council Meeting Minutes 1 Ms. McGorray. Mayor Honea said a few words at the conclusion of reading the proclamation. He also noted that a funeral mass for Ms, McGorray would be Wednesday, April 4, 2018, at 11:00 a.m. at St. Elizabeth. Ann Seaton Church and encouraged all to attend. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Mayor Honea noted that Ms. McGorray was the second Council Member who died in office, the first being Mayor Don Frew. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Mehta noted that 'there had been a couple of changes to the Council Executive Report since he had spoken to Council. Single Family Residences are slightly ahead of where they were in the first three months of last year. He also noted that under new business licenses, businesses noted with an asterisk are businesses actually located in Marana. Lastly, he reported that there will be a candidate orientation in the Council Chambers on April 4, 2018 at 5:30 p.m. There will most likely be another candidate orientation in a few weeks as the deadline to file nomination papers draws closer. PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 5-0. C1 Relating to Procurement; approving a change order to the Tangerine Rd Corridor, 110 to Town (ST021) project construction contract with Tangerine Corridor Constructors in the amount of $144,128.00; 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) C2 Relating to Procurement; approving a change order to the Santa Cruz Shared Use 'Path El Rio to Avra Valley Rd. project (PK013) construction contract with Pima Paving Inc. in. the amount of $51,949.58; 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 Resolution No. 2018-026: Relating to Public Works; approving and authorizing the Mayor to execute the Second Supplemental Intergovernmental Agreement between the Town. of Marana and the Town of Oro Valley to Accommodate Oro Valley's construction of a portion of Shannon Road as part of the Design and Construction of Roadway Improvements to Tangerine Road - Dove Mountain Boulevard/Twin Peaks Road to La. Canada Drive (Frank Cassidy) April 3, 2018 Regular Council Meeting Minutes 2 C4 Resolution. No. 2018-027: Relating to Real Estate; abandoning certain public right- of-way of Hulse Avenue, Gladden. Street, and an unnamed alley within the Amended Nichols' Addition subdivision plat (Keith Brann) C5 Resolution No. 2018-028: Relating to Development, approving a Final Plat for Cortaro Ranch Lots 293A through 294B located north of Cortaro Farms Road and west of Cerius Stravenue (Brian D. Varney) C6 Resolution No. 2018-029: Relating to Elections; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town. of Marana and Pima County, on behalf of the Pima County Recorder, for Election Services for the Town's 2018 election. (Jane Fairall) C7 ordinance No. 201.8.009: Relating to Development; extending the time for signing The Villages of Tortolita Development Agreement and for submitting The Villages of Tortolita Specific Plan amendment waivers under Marana ordinance No. 201.7.023 as amended by ordinance No. 201.7.028; and establishing an effective date (Frank Cassidy) C8 Resolution No. 201.8030: Relating to Development, approving a development plan for a Carondelet Health Network Micro -hospital facility located north of Cortaro Farms Road and west of Cerius Stravenue (Brian D. Varney) C9 Approve Regular Council Meeting Minutes from March. 20, 2018 (Jocelyn C. Bronson) LIQUOR. LICENSES BOARDS, COMMISSIONS AND COMMITTEES X31 Resolution No. 2018--031: Relating to Boards, Commissions and Committees; making an appointment to the Council Committee for Planning Commission and Board of Adjustment Appointments (Jane Fairall). Presented by Ms. Fairall who noted that with the passing of Council Member McCorray, a vacancy exists on the Council Committee for Planning Commission. and. Board of Adjustment Appointments. Currently, Council Members Ziegler and Comerford are on the committee. Mayor Hon.ea stated that he had asked if Council Member Bowen would serve on the committee, and Council Member Bowen agreed to serve. Motion to appoint Council Member Bowen to the Council Committee by Council Member Comerford, second by Council Member Ziegler. Passers unanimously 5-0. COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2018.010: Relating to Development; amending Title 17 (Land Development) of the Marana Town Code by adding new April 3, 2018 Regular Council Meering Minutes 3 Chapter 17-4 (Zoning) to establish the Downtown Marana Overlay (DO), Downtown Neighborhood (DN), Downtown (DT) and Blended -Use (BU) zoning districts; and rezoning approximately 0.43 square miles of land located south of the Marana Road/Interstate 10 traffic interchange to Downtown Marana Overlay (DO) (Stever. Vasquez) Resolution No. 2018-032: Relating to Development declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2018.010, amending 'Title 17 (Land Development) of the Marana Town Code by adding new Chapter 17-4 (Zoning) to establish the Downtown Marana Overlay (DO), Downtown Neighborhood (DN), Downtown (DT) and Blended -Use (BU) zoning districts (Steven Vasquez). Mayor Honea opened the public hearing. Presented by Frank Cassidy who noted that this document was distributed to the Planning Commission and the Council in December, and a study session was held in January. Two neighborhood meetings were held with residents in the downtown area and also with folks in the surrounding areas which provided good input. Basically, this involves a text amendment which creates some mixed use zones and. the downtown overlay and a rezoning. The downtown overlay area includes all of the area surrounding the municipal complex, the Barrios de Marana area, the Marana Main Street area, and the eastern portion of the Marana Town Center, the Ong parcel that came in for a specific plan awhile back. Within that downtown overlay area, this rezoning would not change the existing underlying zoning, but would. give all of those property owners an option to use the mixed use, walkable concept, If approved, this downtown overlay rezoning would automatically give them the right to -tise their existing zoning or use this mixed zone. The reason staff is bringing this to you now is because we are going through a rewrite of the entire Land Development Code., under Mr. Davidson, the Manager's Office felt that the downtown zones should be ready to go in case someone wanted to come in during this "hot' development time. It is a totally new concept,, so we can bring it forward ahead of time without affecting the rest of the Code. While we were doing this mixed use zone, we had also talked, while Placemakers was here, about creating a mixed use product for other parts of town, which is what the blended use zone is, that allows anyone who owns 40 acres anywhere in town, to apply for a rezoning to the blended use zone through the normal process, So instead of going for a specific plan, the blended use zone plan would give them a walkable area at any place in town. Mayor Honea noted that Nick Fore, representing Circle K at Sandario, had presented a speaker card. Mr. Fore stated that they had received a letter on March 19 explaining the situation. He was there because he had some additional questions. He noted that Circle K falls under the overlay district, It is not within the 100 -foot mandatory zone, so his biggest question regards the 100% option to stay within their current zoning. This is something new to them as they don't typically get the option to stay with the current zonings, and also if we were to develop in the future, would they April 3, 2018 Regular Council Meeting Minutes 4 have the option to rezone to something other than their current zone in the neighborhood overlay or in the downtown mandatory zone. Those are their two biggest concerns. Mr. Cassidy responded that any property owner in the downtown overlay area has the option to develop and redevelop for as long as they like with their exi There is a second project to add to the scoping for the capital improvement program in FY 19, and that is to put street lighting along McDuff Road as well. There are overhead lines and poles along the road, so staff is looking into whether it is feasible to just add lighting to the existing poles or if we may have to underground the system and adding new lighting. This is a project of our own making from the capital improvement side to upgrade some of our poorer infrastructure. Council Member Bowen asked if the $450K is the expected maximum cost of the project. Mr. Brann responded affirmatively that it is the best guess or engineer°s estimate at this time. It does not include the lighting which will be put into Phase II of the FY 19 budget. Motion to approve by Council Member Bowen, second by Council Member Ziegler. .Massed unanimously 5-0. I'I'EMS FOR DISCLTSSIOI\T/ POSSIBLE AC'I°ION DI Relating to Mayor and Council, discussion and possible direction regarding the procedure and schedule for filling the existing vacancy on the Marana Town Council (Jamsheed Mehta). Mr. Mehta read the provisions from the town code that set forth the procedure to fill vacancies. I Ie noted that staff created an application form to include the general, contact and a series of questions which generally revolve around familiarity with our form of government and the types of documents Council must deal with. with Council approval, we will go forward with the proposed application and make it available first thing April 4, with a deadline to submit the completed application by noon. on Friday, April13th. All applications and required attachments received by then will be forwarded to Council for review. This item will come back to Council on the regular April 17th agenda. Mr. Mehta continued by suggesting that Council may want to follow a procedure they used several years ago when another vacancy occurred on the Council. That was to allow three minutes per candidate in open session to address Council with their qualifications. Council then went into executive session to decide who to interview. Those interviews could be held that evening. After that you can conte back into public session with a motion to select a candidate approved by a simple majority until Council is comfortable with the nomination.. If Council is comfortable with that procedure, we can move forward tomorrow morning. Copies are available in person from the Clerk`s Office, online with a fillable form, and in a PDF, Motion to direct staff to approve the replacement plan for Carol McGorray as presented by Mr. Mehta by mice Mayor .Dost, second by Council Member Ziegler. Passed unanimously 5-06 April 3, 2018 Regular Council Meeting Minutes 6 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 (Jamsheed Mehta). Mr. Mehta updated council on the three or four bills staff has been trading. These are bills which he has been discussing with Council on a weekly basis. county excise tax for transportation which started out as something that Pima county had initiated and turned into an application which was more relevant to PAG/RTA. At this time it has not been heard in the Rule committee and is not moving forward as of right now. we aren't sure what the status is, but it hasn't moved at the pace a normal bill would have moved. There is a possibility of a strike all to move the bill, but that has not progressed at this point in time. Another bill, the cox bill, being pushed by the cable company to see if they could be exempt from obtaining permits in the local right of way and just needing a blanket permit from the state, there was a strike everything amendment to reintroduce their failed bill. The League continues to oppose it as do we. Regarding the bill intending to appeal what was approved by the Legislature last year in which any county acquiring property within a municipal jurisdiction, other than their core county responsibilities, would need to have an intergovernmental agreement with that jurisdiction, there was an attempt to repeal that in its entirety, we believe that bill is dead at this time as it d.id not make it out of committee, but we will continue to monitor it if it comes back through the legislative process. The last bill of interest to us is the HURF bill in that 1.3 percent of the HURF distribution to most jurisdictions has been decreased and transferred to small cities and counties with very low populations. Under the 1.3 percent distribution, Marana's percentage would amount to about $40K- 45K, so it's not a big hit and means more to the smaller jurisdictions that are hurting for that kind of funding. 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 and consideration of interview questions for applicants for the Town council vacancy. 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), April 3, 2018 Regular Council Meeting Minutes 7 ADJOURNMENT. Motion to adjourn at 738 p.m. by Vice Mayor Post, second by Council Member Comerford. Passed unanimously 5-0. CERTIFICATION I herebi/ certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 3, 2018. 1 further certify that a quorum was present. celyn ronson, Marana Town Clerk ARANA AZ [-'. IS TA B 1. 1 a;H -1.) 1971 April 3, 2018 Regular Council Meeting Minutes 8