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HomeMy WebLinkAbout05/09/2006 Study Session Minutes MINUTES OF MARANA STUDY SESSION MARANA MUNICIPAL COMPLEX MAY 9, 2006 PLACE AND DATE Marana Municipal Complex, May 9,2006. A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Present Present Present Present Present Present STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Tim Mattix Town Manager Assistant Town Manager Assistant Town Manager Town Attorney Town Clerk's Office Present Present Present Present Present B. CALL TO THE PUBLIC Mike Reuwsaat, Town Manager, addressed the Council and announced that the study session dates will be Wednesday, May 17, 2006 and Thursday, May 25, 2006, from 4:00 p.m. to 6:00 p.m. in the Conference Center. GENERAL ORDER OF BUSINESS C. ITEMS FOR DISCUSSION 1. Discussion and direction concerning proposed Town Code Title 5 (Municipal Court) revisions authorizing civil town code enforcement (Frank Cassidy) Frank Cassidy, Town Attorney, addressed the Council and said that all civil code enforcement actions are prepared in long form and presented in municipal court. Without a separate ordinance, there is a potential to have actions dismissed. This ordinance will use state authorization allowing code enforcement officers to write civil tickets to anyone in violation of code provisions. In the Marana Municipal Court, the judge or civil hearing officer could order abatement of the violation. State law states that if a person fails to follow an abatement order, they can be cited for criminal violation. Upon motion by Council Member Blake, seconded by Council Member Allen, staff was unanimously directed to bring the proposed Town Code Title 5 (Municipal Court) revisions establishing civil town code enforcement procedures to Council for adoption. MINUTES OF MARAN A STUDY SESSION MARANA MUNICIPAL COMPLEX MAY 9,2006 2. Discussion and direction concerning proposed Town Code Title 7 (Building) revisions (Frank Cassidy) Mr. Cassidy addressed the Council and said this item needed some clean up relating to building code provisions. During the cleanup, some other issues were found. This item contains revisions in references to incorporated codes, extends the solar energy credit program, and makes building sites stay cleaned up and have appropriate sanitation facilities. Vice Mayor Kai asked for elaboration on the gasoline pump provision in section 7-5-1. Mr. Cassidy said the gasoline pump provision is being eliminated because there are similar provisions in the Uniform Code. Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, staff was unanimously directed to bring the proposed Town Code Title 7 (Building) revisions to Council for adoption concurrently with the civil town code enforcement ordinance. 3. Discussion and direction concerning proposed Town Code Title 12 (Traffic) revisions prohibiting parking on public land or in public rights-of-way to display vehicle or goods for sale, modifying parking restrictions, clarifying penalty provisions and making other clarifying changes (Frank Cassidy) Mr. Cassidy said citizens have voiced their concerns of vehicles parking in the rights-of-way to the police, and the police asked staff to add a parking restriction provision to the Town Code. Mr. Cassidy received feedback from staff and from Fernando Prol, Traffic Division Manager. The provisions incorporate changes to conform the Town Code to the state law parking restrictions. Large vehicle parking provisions were added; the draft ordinance states that semis have to be off the road from 6:00 p.m. to 6:00 a.m. and RVs, vehicles towing trailers and unhooked trailers are limited to a 24-hour parking period. Changes were also made to move penalty provisions to the appropriate chapters of the Town Code. Council Member McGorray asked if Pima County had updated provisions including the provision for large vehicles. Mr. Cassidy said he does not know if the County has gone to the state provisions, or if they have a provision for large vehicles. He said Pima County does have a provision against selling vehicles in rights-of-way, but that the Town wrote the large vehicle provisions. Council Member Comerford asked how the provisions would relate to Home Owners Associations (HOA). Mr. Cassidy said an HOA is going to be stricter than the Town is. The Town will not get involved with the HOA provisions as long as what they do does not interfere with the Town. If the HOA does not have a rule for semis, the Town will cite the violation. Council Member Comerford said sometimes the HOA cites residents rather than the owner of the vehicle, and she would like staff to look into an overnight parking period. Mr. Cassidy said overnight parking in residential areas could be justified as a police regulation, and allow the police to cite the owner of the vehicle rather than the resident. MINUTES OF MARANA STUDY SESSION MARANA MUNICIPAL COMPLEX MAY 9,2006 Mike Reuwsaat, Town Manager, addressed the Council and said staff will establish dialog with HOAs and look at forming a working group to evaluate parking enforcement. Mr. Cassidy said staff would like to avoid putting up too many "no parking" signs, and will have to place "no overnight parking" signs in the appropriate areas. Council Member McGorray asked if the provisions pertain to private streets in gated communities. Mr. Cassidy answered that the provisions will only pertain to public rights-of-way. Council Member Escobedo directed staff to see what the Teen Advisory Council has discussed in reference to helmet use with motorized scooters in regards to Chapter 12-6. Mr. Cassidy said the Teen Advisory Council information could be brought before the Council. Mr. Reuwsaat verified that there will be two different study items brought before the Council; one for helmet use on motorized scooters and one for parking on public rights-of-way pertaining to HOAs. Mr. Cassidy recommended that the ordinance be addressed now, then bring additional changes back. Mayor Honea said he didn't think the Town should get involved with HOA parking enforcement. He stated that if it is legal to park on a public street, it should be legal. If the Town is going to make residential streets illegal, then all should be illegal. Mr. Reuwsaat said Mr. Prol will look at the parking issues. Council Member McGorray said staff should also address the allotment of residents with single car garages parking one vehicle on the street. Council Member Allen said that if municipalities are responsible for enforcement, the citation would be given to the vehicle owner. HOAs cite the homeowner. Council Member McGorray asked if the HOA citation was a financial penalty. Council Member Allen answered yes, and said in most cases it does not matter if the vehicle belongs to the homeowner being cited. Upon motion by Vice Mayor Kai, seconded by Council Member Allen, staff was unanimously authorized to bring to Council for adoption these proposed Town Code Title 12 (Traffic) provisions. Mr. Reuwsaat clarified that staff will bring back the two issues mentioned earlier. 4. Discussion and direction relating to the Land Development Code; approving and authorizing Commercial Design Standards (Barbara Berlin) Barbara Berlin, Planning Director, addressed the Council and said that in late 2004 a number of projects were directed to the planning department, one of which was the Residential Design Standards. Commercial property was a high priority added to the land development rewrite. The second draft code attempts to deal MINUTES OF MARANA STUDY SESSION MARANA MUNICIPAL COMPLEX MAY 9, 2006 with the new development, shopping center location issues, and redevelopment with existing facilities. She asked the Council for direction on how to proceed. Council Member Blake asked if commercial representatives had been involved with the standards. Ms. Berlin said that consultants had met with representatives, just not with the proposed version of the standards. The proposed version is posted on the Town web site and is available to the public. Council Member Blake said his concern was that it had not been presented to the development community. Ms. Berlin said she is looking for Council's direction to begin the process of meeting with the development community. Council Member Blake asked if the development community was involved in the development of the draft. Ms. Berlin answered they were not; it was designed by consultants for Council's review. Council Member Blake asked if the consultants met with the developers but did not take any feedback. Ms. Berlin clarified that the developers were involved in the input, but they had not reviewed the draft. Council Member Escobedo asked if the Council was viewing the draft for the first time. Ms. Berlin said it was the same draft that was distributed a week prior to the meeting. Mr. Reuwsaat said the draft was developed with input from questions the development community provided. The draft was given to Council first so that they would have a copy in case the developers had questions. Council Member Allen asked if Town Commercial Design Standards will supersede the HOA standards. Ms. Berlin said that in terms of development, the HOA has a lot of authority in the approval process as representing the owner in the property. However, where there are adopted specific plans that have clear standards, those standards will remain. There are a number of projects where the actual development standards in design are vague, so the Town standards could be implemented. Council Member Allen said issues come up with HOAs, and he does not want something to come back on the Town. Ms. Berlin said the intent is to provide standards where there are no standards. Mayor Honea said developers have to meet the HOA standards and the Town standards. Mr. Cassidy said that private Covenants, Conditions, and Restrictions (CC&Rs) are governed by an HOAs private land use regulation. Any land covered by private CC&Rs has to comply with the CC&Rs in addition to any laws that the Town adopts. Private CC&Rs are enforced through the HOA. There was consensus to move forward with the Commercial Design Standards. D. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the Council voted unanimously to adjourn. The time was 7:44 p.m. MINUTES OF MARANA STUDY SESSION MARANA MUNICIPAL COMPLEX MAY 9, 2006 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 9,2006. I further certify that a quorum was present. ~~o.~ Tim Mattix, for Jocelyn C. Bronson, Town Clerk ~","Uf~i"" ~ OF M,<J ~ ~ ~~,,\\'m"III~" ~ s ~-.,~. ~"'1.t- ~ ::: O,ftORPOAAn~'Y~ - ~ S c:x::x:> ~ .- - = :: - - ~SEAL;: - ':; ~ ~;:: ~ ~ ~ s ~ ~11/11I1ll\\\~ ~ ~:1tllz. ,\<!\'~ ~'l41Ul\\\\~