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Home My WebLink About04/16/2019 Regular Council Meeting Summary Minutes MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers April 16, 2019, 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 SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:01 PM and directed the Clerk to call the roll. Vice Mayor Jon Post (Excused); Council Members Dave Bowen, Patti Comerford,Herb Kai,Roxanne Ziegler and John Officer were present. There were a quorum of council members present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by the Girl Scouts Troup #55. APPROVAL OF AGENDA Council Member Bowen moved and Council Member Ziegler seconded the motion to approve the agenda. Motioned passed, 6-0. CALL TO THE PUBLIC Mayor Honea opened the meeting to receive public comments. There were no comments offered. April 16,2019 Regular Council Meeting Summary Minutes 1 PROCLAMATIONS P1 Proclaiming April 21, 2019 as Power Talk 21®Day (Cherry L. Lawson) P2 Proclaiming May 4 and 5, 2019 as American Legion Auxiliary Memorial Poppy Days (Cherry L. Lawson) P3 Proclaiming May 2019 as Building Safety Month (Cherry L. Lawson) P4 Proclaiming May 2, 2019 as National Day of Prayer (Cherry L. Lawson) P5 Proclaiming April 26, 2019 as Arbor Day (Cherry L. Lawson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported that he had gone to Casa Grande to Francisco Grande for a meeting with the Southern Pinal Mayor's group. The mayors of Maricopa, Casa Grande, Florence, Eloy, Coolidge and Marana met at a great event. He spoke at the Marine Memorial at the Marana Regional Airport. The helicopter that the servicemen were riding in a practice simulated exercise crashed killing all 19 Marines. He commended the Parks and Recreational Department for moving the monument and beautifying the area. Next year is the 20th anniversary for honoring the Marines and hopes that a much larger celebration takes place. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager, Jamsheed Mehta reported that the Town will celebrate Employee Appreciation Day and invited the Council to attend. The State of the Town will be held on Thursday, April 19 at the Ritz Carleton. The Town has made arrangements for those who would like to attend, but are not able to can view it from the Council Chambers, Marana Police Community Room or the Marana Operations Center. PRESENTATIONS CONSENT AGENDA Council Member Kai moved and Council Member Ziegler seconded the motion to approve the Consent Agenda. Motion passed: 6-0. Cl Resolution No. 2019-019: Relating to Real Estate; approving and authorizing the Mayor to sign Purchase Agreements with Metropolitan Domestic Water Improvement District for the sale of two well sites on Town property in the vicinity of the Marana Regional Airport (Frank Cassidy) April 16,2019 Regular Council Meeting Summary Minutes 2 C2 Resolution No. 2019-028: Relating to Administration; authorizing the creation of the Downtown Roundabout Art Project; authorizing the transfer of$75,000 in budgeted expenditure authority from the Unobligated Grants Fund line item, in the fiscal year 2018-2019 budget to the PAG Fund (33518000-8015-AD015) for a Transportation Art by Youth (TABY) public art project to be installed in the downtown Marana roundabout (Kristin Taft) C3 Resolution No. 2019-029: Relating to Development; approving a preliminary plat for Saguaro Bloom "7A", Lots 1-202, Blocks "7B" and "7C" (Future Residential), and Common Areas "A" (Drainage/Open Space) and "B" (Park) located at the southeast corner of Lambert Lane and Saguaro Peaks Boulevard (Ryan Fagan) C4 Resolution No. 2019-030: Relating to the Marana Regional Airport; approving and authorizing the Mayor to execute a Land/Facility Use Agreement between the Town of Marana and the Arizona Department of Forestry and Fire Management for use of the Airport as an air tanker base for fire suppression activities during fire season (David Udall) C5 Relating to Budget; approving an increase of $106,993 in the project budget for the El Rio Riparian Restoration Project (PK026); authorizing the transfer of appropriations for the increase in project budget; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the increase in project budget (Keith Brann) C6 Resolution No. 2019-031: Relating to Municipal Court; approving the appointment of Ryan Bleau and Maria Felix as magistrates pro tempore for the Marana Municipal Court (Laine Sklar) C7 Approval of Regular Council Meeting Summary Minutes from April 2, 2019 (Cherry L. Lawson) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series 12 restaurant liquor license application submitted by Kevin Arnold Kramber on behalf of High 5 Grill, located at 3682 W. Orange Grove Road Suite 146, Tucson, AZ 85741 (Cherry L. Lawson) Town Clerk, Cherry Lawson provided an overview of this item stating, the application had been posted at the premises for 20 days,no comments were submitted by the public in favor or opposition of the license, and Town staff had reviewed the application to ensure compliance with zoning,building and other legal requirements. The Marana Police Department had conducted a local background check on the applicant. April 16,2019 Regular Council Meeting Summary Minutes 3 Council Member Bowen moved and Council Member Officer second the motion to approve a new series 12 restaurant liquor license application submitted by Kevin Arnold Kramber on behalf of High 5 Grill, located at 3682 W. Orange Grove Road Suite 146, Tucson,AZ 85741. Motion passed:6-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2019.010: Relating to Development; approving a rezoning of approximately 52 acres of land from Zone E (Transportation Corridor Zone) and Zone C (Large Lot Zone) to R-3.5 (single-family residential) and R-6 (single-family residential), and approximately 17.4 acres of land from Zone E (Transportation Corridor Zone) to Village Commercial (VC); and approving a minor amendment to the Marana General Plan land use designation from Low-Density Residential (LDR) to Medium-Density Residential (MDR) (Brian D. Varney) Council Member Ziegler moved and Council Member Kai second the motion to continue this item to the May 7,2019 Council Meeting. Motion passed:6-0. A2 Ordinance No. 2019.011: Relating to Building Safety; adopting by reference the 2018 International Building Code (IBC), the 2018 International Existing Building Code (IEBC), the 2018 International Plumbing Code (IPC), the 2018 International Residential Code (IRC), the 2018 International Mechanical Code (IMC), the 2018 International Property Maintenance Code(IPMC), the 2018 International Energy Conservation Code (IECC), the 2017 National Electrical Code (NEC), the 2018 International Fire Code (IFC), the 2018 International Fuel Gas Code (IFGC), and the 2018 International Swimming Pool and Spa Code (ISPSC); adopting local amendments to the foregoing codes; amending Marana Town Code Title 7 by revising Sections 7-1-2 and 7-1-6; and providing an effective date (David Spurlock) Resolution No. 2019-032: Relating to Building Safety; declaring the 2018 International Building Code (IBC), the 2018 International Existing Building Code (IEBC), the 2018 International Plumbing Code (IPC), the 2018 International Residential Code (IRC), the 2018 International Mechanical Code (IMC), the 2018 International Property Maintenance Code (IPMC), the 2018 International Energy Conservation Code (IECC), the 2017 National Electrical Code (NEC), the 2018 International Fire Code (IFC), the 2018 International Fuel Gas Code (IFGC), and the 2018 International Swimming Pool and Spa Code (ISPSC) and the local amendments to the foregoing codes adopted by Marana Ordinance No. 2019.011 as public records filed with the Town Clerk. Chief Building Official, David Spurlock provided a PowerPoint Presentation on this item (available in the Town Clerk's Office) covering some of the below Major Points: April 16,2019 Regular Council Meeting Summary Minutes 4 • 2018 International Swimming Pool and Spa Code (ISPSC) o New Code, Integrated in I-Code Suite o Town has its own pool code prior to this edition o Region is moving away from Pima County Pool Code to ISPS • 2018 International Fire Code (IFC) o Historically adopted NWFD amendments "AS-IS" • Caused jurisdictional issues, conflicts and confusion • TOM has multiple fire districts within Town Limits, plus non- district areas. • Adopt 2018 IFC and TOM amendments • NWFD is coordinating their amendments to match TOM amendments • Council Study Session January 8, 2019 • Present Adoption Ordinance to Council • Why Adopt 2018 Code Set o Keep up-to-date with building construction technology o Keep up-to-date clarity and interpretation of code application o Flexibility for small business and tenants o Flexibility for existing buildings o Regional consistency Mayor Honea commended Chief Bradley and Town staff for its ability to work together collaboratively to bring forward this ordinance as the Town and Fire District mutually benefits each other. Council Member Ziegler echoed the remarks of Mayor Honea and thanked all who were involved to bring this forward. Mr. Spurlock stated the Town and Northwest Fire District have been reviewing its IGA as they are dated in terms of how Marana currently does business—looking to have more of a collaborative and cooperative agreement. Town staff plans to bring forward updated IGA's to Council in the future for its consideration. Council Member Kai moved and Council Member Ziegler second the motion to approve Ordinance No. 2019.011 and Resolution No. 2019-032 adopting the 2018 Building Code with local amendments and making it a public record. Motion passed: 6-0. A3 Resolution No. 2019-033: Relating to Public Works; authorizing Town staff and representatives to acquire, by negotiation or condemnation, lands and property rights needed for the following Town of Marana projects: Adonis Subdivision Drainage Improvements (ST062), Silverbell Road Sidewalk (ST069), Lon Adams Road Reconstruction (ST068), Avra Valley Road Pavement Reconstruct (ST061), and Camino de Oeste Road Restoration (ST066) (Keith Brann) April 16,2019 Regular Council Meeting Summary Minutes 5 Town Engineer, Keith Brann provided a PowerPoint Presentation on this item (available on file in the Town Clerk's Office) related to Property Acquisition for Capital Projects as follows: • Methods Town obtains property o Donation o Dedication o Exaction o Purchase o Eminent Domain • Purchase of Property and Eminent Domain o The government must make a good faith effort to purchase property prior to exercising eminent domain • Hire appraiser to evaluate taking and prepare a market value report • Purchase title insurance/litigation guarantee to verify current property ownership • Make offer to property owner(s) • Should property owner provide alternative information that could affect value, negotiate in good faith o If a negotiated price cannot be arrived at Eminent Domain, proceeding is begun • Filing of condemnation action • Arbitration can be used for further negotiation • Court proceedings • Final Order of Condemnation • Current CIP Projects o Lon Adams Road, Barnett to Grier o Adonis Subdivision o Avra Valley Road,Sanders to West Town limits o Camino de Oeste, Tangerine to Moore o Silverbell Sidewalks, Twin Peaks to Cortaro • Lon Adams Road, Barnett to Grier o Project ST068 o Full road reconstruction o Added sidewalks, landscaping, lighting o Existing 60ft Right-of-Way • Adonis Subdivision Drainage Improvements o Project ST062 o Road reconstruction o Drainage improvements o Existing 60ft Right-of-Way - main streets o Existing 50ft Right-of-Way - side streets April 16,2019 Regular Council Meeting Summary Minutes 6 o Private alleys • Avra Valley Road, Sanders to Town Limits o Project ST061 o Road rehabilitation o Existing 100ft Right-of-Way • Camino de Oeste, Tangerine to Moore o Project ST066 o Road reconstruction o Added Multi-use Trail o Existing 150ft Right-of-Way • Silverbell Sidewalks, Twin Peaks to Cortaro o Project ST069 o Sidewalk infill o Existing 200ft Right-of-Way Council Member Ziegler moved and Council Member Bowen second the motion to approve Resolution No. 2019-033 authorizing Town staff and representatives to acquire, by negotiation or condemnation, lands and property rights needed for the following Town of Marana projects. Motion passed: 6-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Relating to Budget; discussion, direction and possible action regarding development of the fiscal year 2019-2020 budget, including proposed budget initiatives and expenditures (Jamsheed Mehta) Mr. Mehta stated the FY2019-2020 budget will be presented to Council on April 23 in a Study Session Meeting. 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 stated there had been discussions by Council on HB2109 related to the additional half cents enabling legislation for the RTA. It was approved by the House, the Senate and eventually by the Governor. This becomes law as of July 1. The issue that would be of concern is whether the other jurisdictions that are members of the RTA will come up with long range 20 year plans which would include both the funding element and the number and list of projects. He predicts that this would take approximately one year to two years at a minimum before it can come before the electors to vote for approval. At present, there is much discussion on the budget; there is a wayfair resolution that deals with sales tax as it is collected from those entities that are making from out-of-state, and whether the towns and cities would get its due share from that. There is some concern by the League of Cities and Towns related to how April 16,2019 Regular Council Meeting Summary Minutes 7 things are progressing. He would provide the Council with additional information as it becomes available. 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), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). 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 asked for a motion to adjourn the meeting. Council Member Bowen moved and Council Member Ziegler second the motion to adjourn the meeting. Motion passed:6-0. Meeting adjourned at 7:54 P.M. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 16, 2019. I further certify that a quorum was present. �// OM _ fes_ Cherry L. awson, Town Clerk AdP4& Ammommielem MARANA AZ ESTABLISHED 1977 April 16,2019 Regular Council Meeting Summary Minutes 8