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HomeMy WebLinkAbout05-01-2018 Regular Council Meeting Minutes�fi°n�?iS`:�iCv.�:, \ti•\eri;i�� �:37ia'i77 �f4r. �,�' n7`.'F'.'+n.�ki.b:,'�S1Y -);F.Y,y:: 1^?SL•Iv,:;fi:�. �+'s'v.. MARANA AZ ESTABLISHED 1477 MA.RA.NA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 1, 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 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. All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Nice Mayor Post, second by Council Member Bowen. Passed unanimously. CALL TO THE PUBLIC, David Morales addressed Council regarding the loyalty oaths Council Members are administered when they are elected or appointed, specifically language to ""defend the Constitution against foreign and domestic enemies." He asked them to consider whether they are defenders of the Constitution or domestic enemies. W 401 - As"kI VW P1 Proclaiming May 2018 as Building Safety Month (Jocelyn C. Bronson). Ms. Bronson read the proclamation, and it is part of the permanent record. May 1, 2018 Regular Council Meeting Minutes 1 P2 Proclaiming May 1 and 2, 2018 as American Legion Auxiliary Memorial Poppy Days (Jocelyn C. Bronson). Mayor Honea noted that this proclamation would be part of the permanent record but would not be read. P3 Proclaiming May 19, 2018 as Fids to Parks Day [Jocelyn C. Bronson]. Ms. Bronson read the proclamation, and it is made part of the permanent record. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Officer thanked Council for their support regarding his appointment as a Council Member, and he appreciates being able to work with the town. council Member Ziegler welcomed Erik Montague as the new Deputy Town manager. Mayor Honea commented on the Monsanto greenhouse plant that will employ Marana residents. Monsanto is planning to develop a hybrid corn. He also announced that there was an Arbor Day tree planting and groundbreaking event at the new Honea Heights Pocket Park located near St. Christopher's Church on Moore Road. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Mehta also noted his gratitude for Erik Montague accepting the position of Deputy Town Manager. He also referred to the teacher walkout that left several employees with a child care situation that Vickie Hathaway and her Communications group was able to address last-minute. The kids came away with a lot of good information and had a mock introduction as to how the Council works and actually ran their own council meeting, including an official proclamation from the Mayor. Mr. Mehta further noted that he hadn't provided a paper version of the Council Executive Report. He is trying to transition out of the paper report to something that would be electronic. He then asked that Tony Hunter and Jason Angell give Council a preview of some of the changes and enhancements. PRESENTATIONS P1 Relating to Public works; presentation regarding the status of the six year pavement preservation program (Mo El -Ali). Mr. El -Ali began by noting that six years ago the Council adopted a six-year pavement preservation policy. Tonight's presentation is an update of the last four years - what we have completed, what we are working on this year, and what we are looking next year. He noted that in the current pavement network, we have 520 lane miles, 1507 pavement segments, all with an average pavement condition rating of 72. The roads are divided into pavement segments depending on the pavement conditions. Detailed information is kept on each segment of road as to the condition - rating, length, width, are and all the maintenance that is done. The system. -wide average pavement condition rating is at 72, which is a good pavement condition rating. Marana's roads are considered to be the best in the region. He then discussed the newly accepted pavement from 2014-2017, May 1, 2018 Regular Council Meeting Minutes 2 consisting of 40 lane miles, primarily located in northeastern Marana. Between 2014.2018, we completed approximately 36 miles of pavement infrastructure which includes Avra Valley Road and Marana's section of the recently completed Tangerine Road. Between 2014-2017, the town preserved approximately 142 lane miles which represents 27% of the total network and funding of $5M, ,primarily from the Highway User Revenue Fund (HURF). Some of these are Berry Acres, Quail Crossing, Gladden Farms, Honea Heights, The Villages, The Bluffs, Continental Ranch, Hartman Vistas, Cortaro Ranch, Silverbell Hills Estates and Continental Reserve. The current pavement preservation program this year represents 66 lane miles of the total network which is 13% of pavement. The scope of work is crack sealing Twin Peaks Road and Dove Mountain Boulevard and applying a variety of surface treatments on the rest of the roads. These are major roads as opposed to our previous focus on subdivisions. The HURF is also the funding source of $1.26M for these projects. The regional local road repair program, funded by the county -wide property tax for year 1 represents 100 lane miles or 19% of the pavement to be preserved. The treatment is crack sealing, and the funding is about $1.1M. The bids came in about $200K lower than the allocation. The second year of the road repair program which is funded by the county -wide property tax, is also 100 lane miles, and we are applying crack -seal surface treatments to the same map as previously discussed, but applied to subdivisions rather than major roads. Our asset management system is Cartegraph which helps us prioritize the projects by planning maintenance activities and predicting future asset conditions so that we can be proactive in managing our streets. we document all the requests we receive, and we are able to answer those inquiries from all the documentation that we have. Vice Mayor Post noted that the pavement standards were recently changed and asked how that will affect our long-range pavement preservation plan and whether making that change pushed out some of the maintenance on the newer projects. Mr. El -Ali responded that 77% of what was presented will be protected. They cannot cut those pavements. we are creating a portal so that customers can look at each road and see exactly what the condition is and what roads are protected under that pavement cut ordinance. That was the benefit of passing the ordinance. council Member Bowen noted that $1.1M was mentioned as corning from county property taxes, but we were going to save $200K on that, so what happens to the $20OK? Mr. El -Ali responded that the $200K would either roll over for the second year or be added to work right now. Discussions to that effect are occurring now with the county and the Technical Advisory Committee, so we won't lose the money either way. The next phase is surface treatments, which costs more, so that might be in line with what we need to treat those roads. council Member Bowen asked how often the roads are re -assessed. Mr. El -Ali noted that previously vire assessed the roads every three years, but we are working on re -assessing them every two May 1, 2018 Regular Council Meeting Minutes 3 years. Next year we are planning on doing a comprehensive re -assessment of all of the roads. Council Member Kai asked, regarding the newly accepted pavement programs, how many years after a pavement is built by the developer does the town take it over and who inspects to make sure it's in good shape before we take responsibility? Mr. El -Ali responded that projects are designed, whether it's a capital project or a developer project, for 20 years, but with proper maintenance, pavements can last 40-50 years. The town performs an inspection before we accept the roads into our system. Typically with developments, they either apply surface treatment immediately, or there are bonds that are put in and transferred to us to apply that treatment. CONSENT AGENDA. .Motion to approve by Nice Mayor Post, second by Council .Member Bowen. .Passed unanimously. C1 Resolution No. 2018-038: Relating to Traffic and Highways; approving and authorizing the Mayor to sign an agreement with the Pima Association of Governments to perforin road safety assessment services (Keith Brann) C2 Resolution No. 2018-039: Relating to Development; approving and authorizing the Mayor to sign the First Amendment to Cortaro Ranch Commercial Assurance and Development Agreement with Caddis Bridge, L.L.C., to assure dedication and construction of Joplin. Lane with development of certain Cortaro Ranch commercial properties (Frank Cassidy) C3 Approve April 10, 2018 Study Session Meeting Minutes and approve April 17, 2018 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES Al Resolution No. 2018-040: Relating to Economic Development; extending the Downtown Marana Reinvestment Fund for ten years and authorizing its use for public infrastructure incentives associated with Downtown Marana mixed-use development (Curt Woody). Mr. woody noted that tonight's request is to extend the program an additional 10 years and the other is to use those funds as an incentive for the developers to opt in to the recently adopted downtown overlay zone. The funds would be used for public infrastructure projects such as landscaping and hardscape, drainage, public roads and parking lots owned by the town. By offering developers a monetary incentive vire will have a better chance for developers to opt in to the overlay zone and give us an opportunity to build our vision for a downtown district. This would require negotiation and May 1, 2018 Regular Council Meeting Minutes 4 entering into a development agreement depending on the parameters and then brought forward to Council. Vice Mayor Post asked what kind of money Mr. Woody anticipated being generated. Mr. woody responded that currently it's averaging $230K per year. As more retail carnes into the downtown district that will increase. It's funded by 50% of the construction sales tax generated on a project and 50% of the retail sales tax. It's continually funded year over year around $600K now. Vice Mayor Post asked if there were plans for sidewalks south of the traffic circle for the pre-existing businesses. Mr. Mehta responded that at this time, we do not have a sidewalk -related program., but it is something that we would be considering going forward. Mr. woody reiterated that the goal of these funds is to be used as an incentive for new construction or redevelopment that would opt in to that form. -based code that Council recently adopted. Motion to adopt by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. ITEMS FOR DISCUSSION/ POSSIBLE ACTION 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 announced that the state budget is now being debated. The appropriations bill was submitted yesterday, and the League is currently reviewing the impact of all of the bills and various proposals for the budget and will get back to us soon. A couple of House bills that we are tracking with a lot of interest are HB 2162 and HB 2479. HB 2162 is the bill that Pima County and other counties in the state are looking forward to a transportation excise tax bill. One of the more recent changes here is that there is an effort to introduce a striker bill on what we thought was probably a dead bill but has resurrected 'Itself. He then gave a brief overview of the recent history of the bill including a section introduced by Rep. Leach. If approved in its current striker form., the unanimous vote of the Board would not be required in order to go to the voters. It talks about an extension, and also possibly an excise tax up to 1 °Io . Right now, RTA has a half cent. If it goes forward as a regional bill, the town has had no say in the matter and has not been consulted about it, either at the PAG/ RTA level or by any other jurisdiction. Therefore, we are opposed to it in its current form and will continue to lobby hard against it. Sen. Worsley, representing the City of Mesa is the author of the current bill. HB 2479 has to do with digital goods and services. This bill has gained traction recently. It will be a drop in the revenue for some cities and towns. There were estimates from a few weeks ago in which it could have been as high as $40M for all cities and towns; he is not sure how it would directly impact Marana, but in some proportion to that. We are a community that relies on that level of sales tax, so this would be primarily a hit to our general fund, although it is hard to predict how much that will be at this time. But as it moves forward., we continue to be opposed to it as is May 1, 2018 Regular Council Meeting Minutes 5 the League. It is moving through the House right now, it hasn't gone to the Committee of the Whole. We have heard that there is an attempt to call it a sine die which means it brings the whole legislative session to an end the end of this week. 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 natters. Motion to adjourn to executive session on Item .E2 at 7:47 p.m. by Vice .Mayor Post, second by Council Member Bowen. Passed unanimously. 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), discussion with and instruction to the Town's attorneys in settlement discussions regarding the pending litigation entitled Town of Marana et al. vs. Terracon Consultants, Inc. et al., Pima County Superior Court case number 020163948. The Council returned to the dais at 8:22 p.m. Mr. Cassidy requested a motion from Council on Item E2, in the case of Pima County and Town of Marana vs. Terracon Consultants, Inc., Presidio Engineering and Tetra Tech, staff requests authorization to settle the case for the defendants paying a total of $200K to the plaintiffs that is divided between the County and the Town, the Town will get $180K of that. As part of that, the Town will end up releasing the defendants from other claims. We would also ask for authorization to have the Town Manager sign a formal settlement agreement. The other option would be, once the settlement agreement is formalized, staff can bring it back to Council at the next meeting. However, Mr. Cassidy is recommending the first option. Motion by Nice Mayor Post to authorize the Town .Manager to sign the formal settlement agreement. Second by Council Member Kai. Passed unanimously. 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). May 1, 2018 Regular Council Meeting Minutes 6 ADJOURNMENT. Motion to adjourn at 8:23 p.m. by Vice Mayor Post, 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 May 1, 2018. 1 further certify that a quorum was present. ocely n Bronson, Marana Town Clerk A -0-01--m- -_ - - IN i NOW -0- - MARANA AZ May 1, 2018 Regular Council Meeting Minutes 7