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HomeMy WebLinkAbout09/18/2018 Regular Council Meeting MinutesMARANA K.'E'.", ESTABLISHED 1977 AMENDED SEPTEMBER 17, 2018 at 9:00 A.M. MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. civic center Drive, Marana, Arizona 85653 Council Chambers September 18, 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 John officer, Council Member Roxanne Ziegler, Council Member MINUTES CALL To ORDER. AND ROLL CALL: Mayor Honea called the meeting to order at 7:00 p.m.. Interim Town clerk Hilary :1 -user called roll. Both council Member Comerford and council Member Ziegler were excused. There were five council members present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA: Vice .Mayor Post motioned to approve with a second provided by council .Member Bowen. Motion passed 5-0, unanimously. CALL TO THE PUBLIC: Jack Ferguson thanked the Council for their continued attention regarding the -water quality within. the Town. Mr. Ferguson also stated that he hopes the Town is more proactive in addressing these types of issues in a timely planner in the future. Clint Harris withdrew his speaker card when called on by Magor Honea. September 18, 2018 Regular Council Meeting Minutes 1 Joe Boogaart is a member of the Pima County Bond Advisory Committee. Ile stated that he is against the proposed county road bonds. Mr. Boogaart speaks across the county in opposition to the proposed bonds in public forums. He explained that the proposed bond election and the proposed distribution of the funds to municipalities circumvent the voters of a municipality. He complimented the Town's pavement preservation plan. David Morales told the Council that it needs to improve its professionalism when conducting business. He noted that the Council's most recent poll vote to approve the Lazy K Development did not follow standard meeting rules because council members expressed reasons for the their vote rather than just voting for the item. 'Ten Scoville coniniented on the Arizona Daily Star's recent article regarding the u)ater quality issues within the Tou7n and its approval of neu) developnien t on historic sites. Mr. Scoville conipared Marana's current developnven t ethos to the City of Tucson during the 1950s u7hen it dial not adequately protect its historic buildings front neu) developnzen t projects, He also noted that the Town's current water quality issues are reminiscent of the City of Tucson's lack of oversight of environmental containments over the years. .III.Ir. Scoville tools issue Zoith Mice ..Mayor Post's newspaper quotes differentiating betu)een development questions and water quality questions. He emphasized that developnien t and wa ter quality are two sides of the sane coin. Mr. Scoville asked that the Council consider the possibility of other sources of con tanzination and account for those possibilities in future developnnen t decisions. 'Shawna Larson stated she v)anted to recognize the Pascua .Yaqui Tribe, it)hose historic jurisdictional land encon7passes Marana. She noted that as a foriner tribal council nzenlber she v7as often times confronted with the difficulty of describing the relationship betv)een the people of a rand to the resources of the land as nvore than sinnply subsistence. Ms. Larson stated there is not a specific zvord to describe this relationship in her native language, but the fundalvental nature of the relationship betzveen the people, the land, and its ivater is illiportant for the survival of society. She also expressed opposition to Mice .Mayor Post's recent ne zvspaper article quote and indicated that both issues of land and zvater are one in the sante and should be treated as such. Ms. Larson said that she hopes the v7ater zifill be cleaned up and that residents u7ill not have to continue paying for contaminated zvater. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS: Mayor Hon.ea reported that he went to the Oro Valley State of the Town on September 14, 2018. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS: Town Manager Jamsheed Mehta reported that the regional Tangerine Road Project's ribbon cutting is scheduled for September 21, 2018 at 9:00 a.m. Also, the Marana Momentum Alliance is hosting their job fair for residents on September 22, 2018. one of the Town's signature September 18, 2018 Regular Council Meeting Minutes 2 special events, Marana Farm Festival, is September 29, 2015. He also stated that the next scheduled study session would cover the topic of water quality on September 25, 2015. 'Mayor Honea transitioned back to Call to the Public to allow) tzvo missed speakers an opportunity to address the Council. PRESENTATIONS CONSENT AGENDA: council Member Bowen motioned to approve tete agenda with a second provided by Vice Mayor Post. The motion passed 5--0, unanimously. Cl Resolution No. 2015-056: Relating to Parks and Recreation; authorizing the transfer of ownership of the Town's mobile stage to the Marana Unified School District; rescinding Marana Resolution No. 2013-010 regarding the Town of Marana Mobile Stage Usage Policy (Jing. Conroy) C2 Resolution No. 2015-057: Relating to Parks & Recreation; approving and authorizing the Mayor to sign an Intergovernmental Agreement between the Town of Marana, Pima County, and the Pima County Flood Control District for the Shared Use and Development of Existing and Future Trail and Trailhead Improvements on County and Flood Control District Properties (Jim Conroy) C3 Resolution No. 2018-088: Relating to Deal Estate; approving a lot split in Block VI of Cascada Village I to accommodate the donation of the existing Pascua Yaqui cemetery site to the Pascua Yaqui Tribe; approving and authorizing the Manager to execute a revocable public access easement to the cemetery across Town -owned Block A of Cascada Village I; and accepting a revocable public access easement to the cemetery across Block VI of Cascada Village I (Frank Cassidy) C4 Approve Regular Council Meeting Minutes from. September 4, 2018 and approve Study Session Meeting Minutes from September 11, 2018 (Hilary H. Kiser) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al ordinance No. 2015.017: Relating to Development; approving a modification of a rezoning condition of Marana Amended Ordinance No. 2002.18 to allow an increase in the maximum site disturbance from 30% to 40% on approximately 6.5 acres of land generally located east of Canino de Manana and south of the Desert Falcon. Dane alignment. Presented by Brian Varney, Senior Planner. Mr. Varney explained this rezoning area was previously known as the Hartman Hills Specific Plan approved in June 1985. He noted that this area was impacted when the Pygmy owl was listed as an endangered species in 1997. Mr. Varney stated that over the years since this original zoning was approved. by Council, the conditions in that area September 18, 2018 Regular Council Meeting Minutes 3 have changed with increased development, construction of infrastructure, and the delisting of the Pygmy owl from the endangered species list. He noted that surrounding development have had site disturbance of 50 percent on their parcels and this request is consistent with area. An environmental assessment of the proposed area indicated that species should not be negatively impacted with increased disturbance to the site. Council Member Bowen asked if the higher disturbance area in adjacent parcels represent a feeling of excess. Mr. Varney responded that those disturbances of 50 percent are related to the adopted specific plans for those areas. He stated that a 40 percent disturbance is reasonable given that area's current development conditions and is in line with the development trend in that area. Council Member Bowen motioned to approve the item with a second provided by Council Member Kai. Motion passed 5-0, unanimously. A2 Resolution No. 201.8-089: Relating to Development; adopting the Public Participation Plan for the Marana 2040 General Plan. Presented by Jason Angell, Development Services Director. Mr. Angell reminded the Council that adoption of the public participation plan is the first step necessary in the process of updating the General Plan. The ability to incorporate community feedback on both consensus and contentious areas of the proposal is important to create a well --defined general plan. Mr. Angell explained that the public engagement process presented to the Council includes the use of the Marana Citizen's Forum as a key advisory group informing the revised General Plan. Ile also provided an overview and timeline for updates regarding the General Plan's progress. Council Member Bowen motioned to approved with a second provided by Vice Mayor .Post. The motion passed 5-0, unanimously. A3 Resolution 2018.090: Relating to Boards, Commissions and Committees; selecting the General Plan Update as the topic for the Marana Citizens' Forum Fall 2018 and Spring 2019 sessions. Presented by Jane Fairall, Deputy Town Attorney. Ms. Fairall stated Resolution 2018-090 is a companion to the public participation plan. She indicated that because the Citizens Forum will play a key role as a public advisory group to the revision of the General Plan, they would forgo their usual topic selection process .for the next session. Ms. Fairall stated this would formally set the Citizen's Forum topic for Fall 2018 and Spring 2019 as the General Plan Update. Vice .Mayor .Post motioned to approve with a second provided by Council Member Bowen. The motion passed 5-0, unanimously. ITEMS FOR DISCUSSION/ POSSIBLE ACTION September 18, 2018 Regular Council Meeting Minutes 4 D1 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. No report. EXECUTIVE SESSIONS: council Member Kai motioned, with a second provided by Vice .Mayor Post, to transition to executive session. Motion passed 5-0, unanimously, The Council left the dais at 7:34 p.m. 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. E1 Executive Session pursuant to A.R.S. X38-431.03 (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) to consider the Town's position and instruct its attorneys regarding Southern Arizona Home Builders Association v. Town of Marana, Pima County Superior Court case number 0201.84411. E3 Executive session pursuant to A.R.S. § 38-431.03(A)(4), discussion or consultation with and instruction to the Town s attorneys regarding a contract for professional services with the law firms Napoli Schkolnik PLLC and Gallagher & Kennedy to handle contemplated litigation to recover costs to remedy water quality issues resulting from perfluorinated compounds contamination. The Council returned to the dais at 8:13 p.m. Town Attorney Frank Cassidy requested the Council make a motion on item E3 to accept and sign the contract for professional services with the law firms of Napoli Schkolnik PLLC and Gallagher & Kennedy, as well as signing the conflict of interest waiver. Council Member Bowen motioned, with a second provided by Council Member Kai. .Motion passed 5-0, 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). ADJOURNMENT: Mayor Honea motioned to adjourn at 8:15 p.m., with a second provided by Council Member Bowen. Motion passed 5-0, unanimously. CERTIFICATION September 18, 2018 Regular Council Meeting Minutes 5 I hereby certify that the foregoing are the true and. correct minutes of the Marana Town Council meeting held on September 18, 2018. 1 further certify that a quorum was present. Hilary 1-t-ehiser, Interim Town Clerk MARANA ESTABLISHED 1977 September 18, 2018 Regular Council Meeting Minutes