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MINUTES OF THE REGULAR MEETING
OF THE HONORABLE MAYOR AND COUNCIL
OF THE CITY OF CASA GRANDE
HELD IN THE COUNCIL CHAMBERS
510 E. FLORENCE BOULEVARD, CASA GRANDE, AZ 85122
MONDAY, FEBRUARY 6, 2017
             
A.   Call to Order

Mayor McFarland called the meeting to order at 7:05 p.m.
 
             
  Invocation

Council Member Herman delivered the invocation.
 
             
  Pledge of Allegiance

Mayor Pro Tempore Varela led the the Pledge of Allegiance.
 
             
B.   Roll Call  
Present:
Donna McBride, Council Member  
 
Lisa Fitzgibbons, Council Member  
 
Matthew Herman, Council Member  
 
Mary Kortsen, Council Member  
 
Dick Powell, Council Member  
 
Ralph Varela, Mayor Pro Tempore  
 
Craig McFarland, Mayor  
Also Present:
Larry Rains, City Manager
Anna Guerra, Deputy City Clerk
Brett Wallace, City Attorney
Celina Morris, Finance Director
James Burke, Interim Community Services Director
Mark McCrory, Police Chief
Paul Tice, Planning & Development Director
David Kean, Assistant Fire Chief
Dawn Jett, Human Resources Director
Steven Turner, Senior Managment Analyst
             
C.   Minutes:

Council Member Powell moved to approve the minutes listed below. Council Member Fitzgibbons seconded the motion and was carried with a 7-0 voice vote.
 
             
  C.1    City Council Regular - January 17, 2017  
             
  C.2    Historic Preservation Commission - November 28, 2016  
             
  C.3    Industrial Development Authority - January 25, 2017  
             
  C.4    Planning and Zoning Commission - November 3, 2016  
             
  C.5    Casa Grande Youth Commission - November 6, 2016  
             
D.   Claims

Council Member Fitzgibbons moved to approve and pay the reported claims dated January 17, 19, 20, 26 & 27, 2017. Council Member Kortsen seconded the motion and was carried with a 7-0 voice vote.
 
             
  D.1    Claims - January 12, 17, 19, 20, 26, & 27, 2017.  
             
E.   Meeting Agenda Approval

Mayor Pro Tempore Varela moved to approve the meeting agenda. Council Member Kortsen seconded the motion and was carried unanimously.
 
             
F.   Special Presentations  
             
  F.1   
The members of Americorps Alpine 4 Team introduced themselves and gave a brief synopsis on their roles and the different roles and activities the participate in throughout the City of Casa Grande.
 
             
G.   Consent Agenda
All items listed with an asterisk (*) are considered routine matters and will be enacted by one motion and one roll call vote of the Council. There will be no separate discussion of these items unless a Council Member or member of the public so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence of the agenda.


Council Member Powell moved for the passage of the Consent Agenda. Council Member Kortsen seconded the motion and the following roll call vote was recorded:
 
 
AYE: Council Member Donna McBride
  Council Member Lisa Fitzgibbons
  Council Member Matthew Herman
  Council Member Mary Kortsen
  Council Member Dick Powell
  Mayor Pro Tempore Ralph Varela
  Mayor Craig McFarland
             
  *G.1   
Consider the Final Adoption of Ordinance No. 3004
Accepting a Bid from Pierce Manufacturing, Inc.

By a 7-0 roll call vote under the Consent Agenda, Council passed and adopted Ordinance No. 3004 which appeared before Council for a second reading, accepting a Bid from Pierce Manufacturing, Inc. for the Purchase of a 2017 Pierce Freightliner Water Tender; Authorizing the Expenditure of Public Funds in an Amount not to Exceed $505,506.17; and Authorizing Execution of a Contract with, or Purchase Order to, Pierce Manufacturing, Inc.
 
             
  *G.2   
Consider the Final Adoption of Ordinance No. 1178.236.2
Approving a Major Amendment to the Casa Grande Regional
Shopping Center Planned Area Development

By a 7-0 roll call vote under the Consent Agenda, Council passed and adopted Ordinance No. 1178.236.2, which appeared before Council for a second reading approving a Major Amendment to the Casa Grande Regional Shopping Center Planned Area Development (PAD) Adopted for Property Located East of Interstate 10, North of Florence Boulevard, West of Hacienda Road and South of Kortsen Road, Casa Grande, Arizona.
 
             
  *G.3   
Consider the Final Adoption of Ordinance No.  1178.381
Extending and Increasing the Corporate Limits of the City of Casa Grande
Pinal County, State of Arizona

 By a 7-0 roll call vote under the Consent Agenda, Council passed and adopted Ordinance No. 1178.381, which appeared before Council for a second reading Extending and Increasing the Corporate Limits of the City of Casa Grande, Pinal County, State of Arizona Pursuant to the Provisions of Title 9, Chapter 4, Article 7, Arizona Revised Statutes and Amendments thereto, by Annexing thereto Certain Territory Contiguous to the Existing City Limits of the City of Casa Grande; and Authorizing Initial Zoning of Urban Ranch (UR) for said Territory.
 
             
  *G.4   
Consider the Final Adoption of Ordinance No. 1178.382
Amending Zoning Ordinance #1178 and its Subsequent Amendments

By a 7-0 roll call vote under the Consent Agenda, Council passed and adopted Ordinance No. 1178.382, amending Zoning Ordinance #1178 and its Subsequent Amendments by Changing the Zoning from Urban Ranch (UR) to General Industrial (I-2) on Property Located at the Northwest Corner of West Selma Highway and South Thornton Road, Casa Grande, Arizona.
 
             
  *G.5   
Consider the Application for a New Liquor License
Series 12 (1212113279) to Carolina Sepulveda-Zuniga, dba Restaurant El Pima


Deputy City Clerk Guerra recommended in her request for Council Action form, that Mayor and Council instruct the Deputy City Clerk to forward a recommendation to the Arizona Department of Liquor Licenses and Control Board to approve a New Liquor License Series #12 (12113279), to Carolina Sepulveda-Zuniga, d.b.a.Restaurant El Pima, located at 502 E. Cottonwood Lane, #1, Casa Grande, AZ 85122.

Deputy City Clerk Guerra reported that the application under consideration is for a Series #12 (12113279), New Liquor License.  The applicant is Carolina Sepulveda-Zuniga, d.b.a. Restaurant El Pima, located at 502 E. Cottonwood Lane, #1, Casa Grande, AZ 85122.  The type of license is for a Series #12 (Restaurant License), which allows a Restaurant to sell and serve spirituous liquor solely for consumption on the premises of an establishment that derives at least 40% of its gross revenue from the sale of food.  As required by law, the Notice to the Public and a copy of the application were appropriately posted for 20 days.  The twenty (20) days expired on December 30, 2016.  The City Clerk's Office did not receive any comments opposing or supporting the application.

The planning & Development and Police Department have reviewed the application, and have no objections.

The State Liquor License Application fee is $100.00 and the City Annual Business Transaction License is $70.00.
If the Council takes no action and fails to provide the State Liquor License Board with its order of approval or disapproval, as provided in A.R.S. 4-201, within 60 days of the application, the Board will proceed as though the Council had entered an order of approval.

By a 7-0 roll call vote under the Consent Agenda, Council authorized the Deputy City Clerk to forward a favorable recommendation to the ARizona Department of Liquor Licenses & Control Board for approval of a New Liquor License Series #12 (12113279), to Carolina Sepulveda-Zuniga, d.b.a.Restaurant El Pima, located at 502 E. Cottonwood Lane, #1, Casa Grande, AZ 85122.
 
             
  *G.6   
Consider the Application for a New Liquor License Series 10 (Beer & Wine Store), New License #10103808 to
Carolina Sepulveda-Zuniga, d.b.a.Mercado Y Carniceria El Pima

Deputy City Clerk Guerra in her Request for Council Action recommended in her Request for Council Action form that Mayor and Council instruct the City Clerk to forward a recommendation to the Arizona Department of Liquor Licenses & Control Board to approve a Liquor License Series #10 (Beer & Wine Store), New License #10103808 Carolina Sepulveda-Zuniga, d.b.a.Mercado Y Carniceria El Pima located at 502 E. Cottonwood Lane, #2, 3 &4, Casa Grande, AZ 85122.

Deputy Clerk Guerra reported that the application is for a Series #10 (Beer & Wine Store), New Liquor License #10103808.  The applicantCarolina Sepulveda-Zuniga, dba Mercado Y Carniceria El Pima, located at 502 E. Cottonwood Lane, #2, 3 & 4, Casa Grande, AZ 85122.  A Series #10 (Beer & Wine Store) liquor license allows a Retail Store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises.  As required by law, the Notice to the Public and a copy of the application were appropriately posted for 20 days.  The twenty (20) days expired on December 30, 2016.  The City Clerk’s Office did not receive any comments opposing or supporting the application.
 
The Police Department and Building Official have submitted favorable recommendations to approve the application.


The State Liquor License Application fee is $100.00 and the City Annual Business Transaction License is $70.00.

If the Council takes no action and fails to provide the State Liquor License Board with its order of approval or disapproval, as provided in A.R.S. 4-201, within 60 days of the application, the Board will proceed as though the Council had entered an order of approval.

By a 7-0 roll call vote under the Consent Agenda, Council authorized the Deputy City Clerk to forward a favorable recommendation to the Arizona Department of Liquor Licenses & Control Board for approval of a New Liquor License Series #10 (Beer & Wine Store), New License #10103808 Carolina Sepulveda-Zuniga, d.b.a.Mercado Y Carniceria El Pima located at 502 E. Cottonwood Lane, #2, 3 &4, Casa Grande, AZ 85122.
 
             
  *G.7   
Consider the application for Temporary Extension of
Premises/Patio Permit of Bill D. McSwain, dba McMashers Sports Bar & Grill

Deputy City Clerk Guerra recommended in her Request for Council Action form that Mayor and Council authorize the City Clerk to forward local approval to the Arizona Department of Liquor Licenses & Control Board for approval of the application for temporary extension of premises/patio permit, as requested by Bill D. McSwain, dba McMashers Sports Bar & Grill, 1355 E.  Florence Boulevard, Suite #139, Casa Grande, Arizona.  Mr. McSwain's request is in conjuction with Pinal 40's Scholarship Fundraising Event.

Deputy Clerk Guerra reported the application is for a temporary extension of premises/patio permit.  The applicant is Bill D. McSwain, dba McMashers Sports Bar & Grill, 1355 E. Florence Boulevard, Suite #139, Casa Grande, Arizona.  Mr. McSwain would like to extend the area for additional dining area on March 9, 2017 from 11:00 a.m. to 6:00 pm. to accommodate Pinal 40 Luncheon Meeting and Charitable Event for Scholarship Fund.
 
McMashers Sports Bar and Grill has been a licensed location since July 1993, currently operating with State Liquor License #06110022.  The Series #6 (Bar License), allows a Bar Retailer to sell and serve spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises.
 
The Arizona State Board of Liquor License and Control requires that the applicant for an extension of premises/patio permit submit their application to the City Council for their recommendation. 
 
The Police Department and the Planning and Development Department have reviewed the application, and have no objection to the extension of premises.

By a 7-0 roll call vote under the Consent Agenda, Council authorized the City Clerk to forward a favorable recommendation to the Arizona Department of Liquor Licenses & Control Board for Temporary Extension of Premises/Patio Permit to Bill D. McSwain, dba McMashers Sports Bar & Grill, located at 1355 E.  Florence Boulevard, Suite #139, Casa Grande, Arizona on March 9, 2017 from 11:00 a.m. to 6:00 p.m. to accommodate their Scholarship Fundraising Event.
 
             
  *G.8   
Consider a Special Event Liquor License for
Casa Grande Valley Historical Society dba The Museum of Casa Grande

Deputy City Clerk Guerra recommended in her Request for Action form that Mayor and Council instruct the Deputy City Clerk to forward local approval to the Arizona Department of Liquor Licenses & Control for issuance of Special Event Liquor License, as requested by the Casa Grande Valley Historical Society dba The Museum of Casa Grande. Their request is in conjunction with their fundraising Event which will be held on April 15, 2017 from 5:30 p.m. to 11:59 p.m. at 110 W. Florence Boulevard Casa Grande AZ 85122.  

City Clerk Guerra reported that the Arizona Department of Liquor Licenses & Control assume little jurisdiction and holds no formal hearings on the issuance of Special Event Liquor License.  Almost exclusively the local governing body makes decisions regarding the issuance of such permits.  This is the only type of liquor license, which will not be issued without the approval of the local governing board.

The City charges no fee for this type of license. A $25.00 per day license is charged by the State.

By a 7-0 roll call vote under the Consent Agenda, Council authorized the Deputy City Clerk to forward favorable recommendation to the Arizona Department of Liquor Licenses and Control for issuance of a Special Event Liquor License to the  Casa Grande Valley Historical Society dba The Museum of Casa Grande for the fundraising event scheduled for April 15, 2017, from 5:30 p.m. to 11:59 p.m. at 110 W. Florence Boulevard Casa Grande AZ 85122.  
 
             
  *G.9   
Consider Accepting the 2nd Quarter FY 2016-2017 Report from
The Boys and Girls Club of the Casa Grande Valley
By a 7-0 roll call vote under the Consent Agenda, Council accepted The Boys and Girls Club of the Casa Grande Valley 2nd Quarterly Report for Fiscal Year 2016-2017.  The reports are filed with the City Clerk’s Office.
 
             
  *G.10   
Consider Accepting the 2nd Quarter FY 2016-2017 Report
from Greater Casa Grande Chamber of Commerce

By a 7-0 roll call vote under the Consent Agenda, Council accepted Greater Casa Grande Chamber of Commerce 2nd Quarterly Report for Fiscal Year 2016-2017.  The reports are filed with the City Clerk’s Office.
 
             
  *G.11   
Consider Accepting the 2nd Quarter Report 
FY17 from Access Arizona.

By a 7-0 roll call vote under the Consent Agenda, Council accepted Access Arizona 2nd Quarterly Report for Fiscal Year 2017.  The reports are filed with the City Clerk’s Office.
 
             
H.   Mayor McFarland called for public comments.

Judy Ashley who has a home in the City of Casa Grande conveyed that she is also speaking on behalf of 150 more residents who feel they are paying for trash and sewer services they do not use since they are not here during the summer.

Ms. Ashley suggested the following:
-Consider having once a week trash pick up for residents who are gone during the summer
-Consider charging them less
-Have them turn in their garbage cans when they leave for the summer.

In response to Ms. Ashley, Mayor McFarland relayed that City Manager Rains has her information and would be getting back to her regarding the matter.
 
             
I.   Award of Contracts:

None
 
             
J.   Boards & Commissions

None
 
             
K.   Ordinances, Resolutions, and Other matters or Subjects Requiring Action by the Council  
             
  K.1   
Resolution 5025
Approve the Resolution to oppose HB 2143

Senior Management Analyst Steven Turner recommended that Mayor and Council approve the resolution to oppose HB 2143 which would reduce the threshold for where bids must be called for items of construction, reconstruction, or maintenance services of any street, road or bridge, including materials and equipment from $150,000 (as adjusted annually) to a fixed value of $25,000.

Senior Management Analyst Turner reported the proposed law (HB 2143) amends Sections 28-6713, 32-1121 and 34-201 of Arizona Revised Statues relating to public contracts. The amendment makes the law effective in Counties over 50,000 people. It also states that the construction, reconstruction, or maintenance of any street, road, bridge, water or sewer work may be performed either with or without the use of the agent's regularly employed personnel without advertising for bids if the total costs of the work does not exceed $25,000.  This is a substantial decrease in the current threshold, which had a baseline of $150,000 and is currently just over $200,000 per year.

Rural communities already face a difficult task in securing competitive bids for this type of work as compared to urban areas. The cost of mobilization alone is much higher in rural areas which impacts the bids that the City receives for its projects. This would prevent the City's crews from doing any street work or maintenance which would negatively impact the City's budget. As a result, the burden on taxpayers would increase or the City would be unable to complete as many roadway projects annually, resulting in additional deterioration of City infrastructure.

Below are a few examples of road projects that have been completed by City Staff that would be negatively impacted by HB 2143:
Early Rd. prep work for double chip seal:
Cost through City resources - $45,499
- Cost through 3rd party contractor - $192,385
1st Street Paving project:
- Cost through City resources - $77,536
- Cost through 3rd party contractor - $161,699
Crack Sealing project:
- Cost through City resources - $132,025
- Cost through 3rd party contractor - $390,150
 
While there would be no fiscal impact from approving or denying  the resolution, the negative impact to the City of Casa Grande if HB 2143 were to be approved would be significant because the City would need to obtain bids for these local right-of-way projects in lieu completing these projects with City crews using City equipment.

Discussion
 
In response to Council Member Kortsen, Mr. Turner conveyed that employee coast and wear and tear were included in the cost estimates. 

Council Member Kortsen relayed that citizens can register to receive updates on different House Bills in order to receive updates.  Further, Council Member Kortsen encouraged private citizens to call their legislature.  A bill like this would end up costing the taxpayers more.

In response to Mayor Pro Tempore Varela, Mayor McFarland conveyed that he has been in communications with local representatives. 

Mr. Turner conveyed that the bill is currently in committee, Cities and Towns were encouraged to pass a Resolution. 
 
             
L.   Public Meetings, Public Hearings, Open Record Reviews, and Closed Record Reviews  
             
  L.1   
Public Hearing
Ordinance No. 1178.383
Approving DSA-16-00100, a Zone Change request from R-1 (Single-family Residential)
to R-3 (Multi-family Residential) for property containing approximately 2.27 acres
located south of Florence Boulevard, west of Avenue A and east of Pueblo Drive

Planning and Development Director Tice highlighted the below information as appeared in his request for Council Action Form.

The Planning Commission and City Staff recommend that the Mayor and City Council approve DSA-16-00100, a Zone Change request from R-1 (Single-family Residential) to R-3 (Multi-family Residential) for property containing approximately 2.27 acres located south of Florence Boulevard, west of Avenue A and east of Pueblo Drive.  (See Exhibit A - Zone Change Exhibit).

Mr. Dauod is seeking the zone change in order to market the land for multi-family development.  Mr. Dauod submitted a future development concept for the site which envisions a senior housing project (see Exhibit B – Project Narrative). It should be noted that this development scenario is non-binding as the specific development approval occurs at the Major Site Plan stage.
 
The Planning and Zoning Commission voted (6-0) on January 5, 2017, to send a favorable recommendation to the City Council for DSA-16-00100, a Zone Change request from request from R-1 (Single-family residential) to R-3 (Multi-family residential) for parcels APN 505-30-007, 505-30-008A, 505-30-008B, 505-30-009C and 505-30-009D (See Exhibit C – Planning Commission Minutes).
 
The zone change request is in conformance with the General Plan (See Exhibit D – Planning Commission Staff Report).

Mayor McFarland declared a public hearing to allow comments on this matter.  There being no comments, Mayor McFarland declared the public hearing closed. 

Deputy City Clerk Guerra read by title only Ordinance No. 1178.383, an Ordinance of the Council of the City of Casa Grande, Arizona, Amending Zoning Ordinance #1178 and its Subsequent Amendments by Changing the Zoning from Single Family Residential (R-1) to Multi-Family Residential (R-3) on Property Located South of Florence Blvd, West of Avenue A, and East of East of Pueblo Drive, Casa Grande, Arizona.

 Council Member Fitzgibbons moved for passage of Ordinance No. 1178.383.  Council Member Kortsen seconded the motion and the following roll call vote was recorded:

 
 
 
AYE: Council Member Donna McBride
  Council Member Lisa Fitzgibbons
  Council Member Matthew Herman
  Council Member Mary Kortsen
  Council Member Dick Powell
  Mayor Pro Tempore Ralph Varela
  Mayor Craig McFarland
  Mayor McFarland then declared Ordinance No. 1178.383 passed to a second reading.
             
M.   Executive Session:  
             
  Council Member Kortsen moved to hold an executive session for the below item:

EXECUTIVE SESSION: A.R.S. §38-431.03.

Upon a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes:

3. Discussion or consultation for legal advice with the city attorney or attorneys of the public body.
4. Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.
  • Discussion and consultation with City Attorney regarding the East Side Sewer Line Extension Agreement with AZ Sourcing
Council Member Fitzgibbons seconded the motion and was carried with a 7-0 voice vote.
 
             
N.   Reports

Council Member Powell reported the following:
  • Alerted the Finance Department to HB 2326, page 41 regarding livestock and supplies being exempt from tax. Mr. Powell would like feedback regarding HB 2326.
  • Cowboy Days and O'Odham Tash are coming up. This event is unique to Casa Grande, was starred in 1936 by Darrel Cote, resurrected in 2011 and it occurs on a yearly basis. This is the only time that the tribes are celebrated.
Mayor Pro Tempore Varela reported the following:
  • Wanted to recognize Staff for the presentations they gave and the presentation of their Missions and Visions of each department.
  • Attended the "V" at Villago Middle School. Forty (40) students are recognized every month. Parents, Staff, and Stakeholders are invited.
Council Member Kortsen reported the following:
  • Expressed appreciation that the City is now televising Study Sessions.
  • Encouraged all to attend the Cowboy Days and O'Odham Tash celebrations.
  • Conveyed the appreciation to the Mayor from several teachers at Cactus Middle School for his attendance at the "Set of Mindsets"
Council Member Herman reported the following:
  • Reported that he noticed the LED lighting in the City.
  • Attended the Garden of Sunshine on Saturday. Expressed appreciation to Jim Burke and Rod Wood for the concrete cylinders.
  • Received a phone call from Patricia Young who expressed her appreciation for the Garden of Sunshine Event, wanted to let the Mayor know how special and beautiful the event was.
  • Conveyed that the Casa Grande Youth Commission does the work, expressed appreciation to them.
  • Attended Banner Casa Grande Hospital's 5k run
Council Member Fitzgibbons reported the following:
  • Asked that everyone support the fundraisers that are going on throughout the City.
  • Expressed appreciation for the Council Retreat and the presentations. Looking forward to the next one coming up.
Council Member McBride reported the following:
  • Expressed appreciation to Celina Morris for the explanation that went into the bills for sewer and trash
  • Attended the Ak Chin Community's Inaugural Event
Mayor McFarland reported the following:
  • Reminded Council of the breakfast to be held at the Chamber of Commerce on February 14, 2017
  • Looking to get a table at Access Arizona, advised Council to contact Karla if they would like to attend
  • Announced that Congressman O'Holloran would be at City Hall on February 22, 2017 at 8:30 a.m. for a meet and greet.
  • Attended the Ministries blood drive, it was an excellent turnout.
  • Attended the Boys and Girls Club Bunco Fundraiser, there were 120 participants playing.
  • Expressed appreciation to the Casa Grande Fire Department for the smoke alarm installation. Smoke detectors were changed out, and batteries replaced. The event was well attended.
  • Attended "Set of Mindsets" at Cactus Middle School.
 
             
O.   Adjournment

There being no further business at this time, the meeting was adjourned at approximately 8:01 p.m.
 
  ________________________
Craig H. McFarland
Mayor
ATTEST:


 
 
___________________________
Anna M. Guerra
Deputy City Clerk
 

CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of Casa Grande, Arizona held on the 6th day of February 2017. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 21st day of February, 2017



_______________________________
Anna M. Guerra 
DeputyCity Clerk

    

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