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HomeMy WebLinkAbout02/15/2011 Regular Council Meeting Minutes r5 ARAA REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 15, 2011, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, 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. Vice Mayor Kai arrived on the dais at 7:04 p.m. All Council Members were present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion to approve moved by Council Member McGorray, second by Council Member Ziegler. Motion carried unanimously. CALL TO THE PUBLIC Jolene Campbell reported on the final results of the 2nd annual Marana Can Do 5K Walk/Run held February 5 at Ora Mae Ham Park. Registration was one bag of food for the Marana Community Food Bank. More than 350 people participated in the race donating 1,458 pounds of food and $650 on event day. The food bank can turn the $650 into $6,500 of food. She thanked the Council for their support. Ed Stolmaker reported that the Marana Chamber of Commerce had unanimously voted to support SB 1171 in Marana's efforts to own its own wastewater facility. He also reported on the bowling tournament that raised over 3,000 diapers for the MUSD teenage parent program. He received a thank -you card from the parents and some children which he passed around to the Council. PROCLAMATIONS Sherry Cervi Proclamation Town Clerk Bronson read the proclamation. The proclamation will be given to Ms. Cervi at a later date as she is currently on the racing circuit. 1 February 15, 2011 Council Meeting Minutes MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Post commended staff for the presentations they have been giving to Council. He also acknowledged Russ Jones, attorney for Trico Election, who was in the audience. Mr. Jones has been with Trico for 30 years and has done much behind the scenes to benefits the community. Council Member Comerford announced that a Marana High School student, Ms. Chelsee Moe was crowned Miss Tucson Valley and will be going on to the Miss Arizona pageant. Council Member McGorray reflected on the positive meeting with Oro Valley Council last week. Mayor Honea also commented on the positive feedback he has been getting regarding the joint meeting with Oro Valley. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported that the Accenture Match Play Tournament will begin next week. This event gets worldwide coverage, and Marana is very proud to be the host. The top four seeded players, which include Tiger Woods, will be here. He also mentioned the council executive report for February is complete and has been delivered to you. PRESENTATIONS CONSENT AGENDA Motion to approve the agenda moved by Council Member McGorray, second by Council Member Post. Motion carried unanimously upon a roll call vote, due to Item C.6 having an emergency clause. C 1: Ordinance No. 2011.01: Relating to Business Regulations; amending the Marana Town Code Title 9 "Business Regulations "; adding new Chapter 9 -4 entitled "Massage Establishments "; regulating massage establishments; establishing licensing requirements and related fees; establishing requirements for massage establishment facilities; designating unlawful activities and establishing criminal penalties for violations; and designating an effective date Resolution No. 2011 -15: Relating to Business Regulations; declaring the amendments to Marana Town Code Title 9 "Business Regulations ", adding new Chapter 9 -4 entitled "Massage Establishments ", regulating massage establishments, establishing licensing requirements and related fees, establishing requirements for massage establishment facilities, designating unlawful activities and establishing criminal penalties for violations, as a public record filed with the Town Clerk C 2: Ordinance No. 2011.02: Relating to Finance; amending the Town of Marana comprehensive fee schedule; and designating an effective date C 3: Resolution No. 2011 -16: Relating to Technology Services; approving and authorizing the Mayor to execute a Second Amendment to Beacon Hill Communications Site Lease with the Estate of Irene Welter, deceased and a First Amendment to Beacon Hill Telecommunications Site Sublease Agreement with Simply Bits, LLC 2 February 15, 2011 Council Meeting Minutes C 4: Resolution No. 2011 -17: Relating to Administration; approving an administrative directive regarding the use of the Town of Marana's electronic technology by members of the public C 5: Resolution No. 2011 -18: Relating to Right of Way; approving and authorizing the request by Trico Electric Cooperative, Inc., to submit its franchise renewal to the Marana voters at the general election to be held May 17, 2011 C 6: Ordinance No. 2011.03: Relating to Administration; amending Marana Town Code Title 3 "Administration," amending sections 3 -1 -2, 3 -1 -3, 3 -2 -3, 3 -2 -4, 3 -2 -5, 3 -2- 8, 3 -2 -9, 3 -2 -10 and 3 -2 -11 and adding section 3 -2 -14; revising positions appointed by, removed by and reporting to the town manager, deputy town manager, assistant town manager or general manager; updating certain position responsibilities to conform to current functions; changing the name of the position of special projects administrator to special projects manager; adding the unclassified position of director of strategic initiatives; and declaring an emergency Resolution No. 2011 -19: Relating to Administration; declaring the amendments to Marana Town Code Title 3 "Administration," amending sections 3 -1 -2, 3 -1 -3, 3 -2 -3, 3 -2 -4, 3 -2 -5, 3 -2 -8, 3 -2 -9, 3 -2 -10 and 3 -2 -11 and adding section 3 -2 -14, revising positions appointed by, removed by and reporting to the town manager, deputy town manager, assistant town manager or general manager, updating certain position responsibilities to conform to current functions, changing the name of the position of special projects administrator to special projects manager, and adding the unclassified position of director of strategic initiatives, as a public record filed with the town clerk C 7: Resolution No. 2011 -20: Relating to Community Development; authorizing the Town Manager to apply for grant funding from the Governor's Office of Highway Safety under the Highway Safety Program (23 U.S.C. Section 402) to support the Marana Police Department's purchase of new motorcycle units and participation on the Southern Arizona DUI Task Force C 8: Resolution No. 2011 -21: Relating to Community Development; authorizing the execution of an intergovernmental agreement with the Arizona Department of Transportation for the completion of the Santa Cruz River Shared Use Path C 9: Resolution No. 2011 -22: Relating to Community Development; approving and authorizing extensions to intergovernmental agreements with the City of Tucson and the Regional Transportation Authority of Pima County for sharing of costs involved in the provision of public transit services to the Town of Marana for fiscal year 2010 -2011 C 10: Minutes of the January 25, 2011 study session and February 1, 2011 regular council meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES 3 February 15, 2011 Council Meeting Minutes COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2011.04: Relating to Land Development; temporarily amending Marana Land Development Code Title 6 (subdivisions), Section 06.02.02.13, concerning the expiration of approved preliminary plats; and establishing an effective date Mayor Honea opened the meeting to public hearing. Presented by Lisa Shafer. Ms. Shafer addressed the fact that economic times has driven the change for approval of preliminary plats. The preliminary plat is where most of the work and money is spent. Since 2006, there hasn't been much change in platting requirements. Staff felt it would be counter - productive to require the developers to go back and redo plats that are perfectly good. This ordinance would allow approved preliminary plans to be good for a maximum of seven years instead of two year. This is a temporary amendment allowing any preliminary plat approved by July 1, 2006 to have seven years to get a final plan in or expiring on December 31, 2013, whichever comes first and then sunset on December 31, 2015. If someone came in on December 30, 2015, they would have until December 31, 2017 — that's where we get the two years which is in the current code. After that, on January 1, 2016, anything approved then goes to what code is in effect at that time. David Godlewski from SAHBA addressed Council to state SAHBA's support for this amendment. He also stated that his industry appreciates the working partnership that Marana has with them and SAHBA. Council Member Post asked how this affects specific plans. Ms. Shafer responded that they are not affected. It would only affect a plat inside a specific plan. Mayor Honea declared the public hearing closed. Motion moved by Council Member McGorray, second by Council Member Clanagan to adopt Ordinance No. 2011.04. Motion carried unanimously. A 2: PUBLIC HEARING: Ordinance No. 2011.05: Relating to Land Development; amending Marana Land Development Code Title 16 (Signs) by modifying Section 16 -14- 26 (Off - Premise Location Sign); and establishing an effective date Resolution No. 2011 -23: Relating to Development; declaring the amendments to Marana Land Development Code Title 16 (Signs) modifying section 16 -14 -26 (Off - Premise Location Sign) as a public record filed with the Town Clerk Ordinance No. 2011.05 and Resolution No. 2011 -23 were taken together. Mayor Honea declared the public hearing open. Ms. Shafer noted that this is a permanent amendment to the Land Development Code, and one which will benefit local businesses. The current code deals with business signs for businesses often located on dirt or unpaved roads. This is an update with some modifications that will apply to a broader population since there are few unpaved roads within the town limits. These will be off - premise way - finding signs, different than the kiosk signs which are for residential designations. Minor roadway is defined as no outlet other than another minor road, an easement, dirt road or one which has minimal numbers of daily trips. Placement can be in one directional route. Size is smaller and the wording is changed to lesser characters; they would not be illuminated and there would be no requirement for landscaping. Council Member Post asked what else was being done with signs. Ms. Shafer responded that staff is looking at other jurisdictions to see how they are getting through this temporary economic downturn — either on a temporary or permanent basis. She also noted that sign permits for two - 4 February 15, 2011 Council Meeting Minutes week banners at $10 are allowed for temporary events such as grand openings. These signs would not be in the right of way or an A -frame. Council Member Ziegler asked if real estate open home signs could be granted a waiver on weekends to be placed in the right of way. Mr. Cassidy responded that once you allow a real estate sign in the right of way, the town has to allow other non - commercial signs of the same size in the right of way. You can't limit it to commercial. Non - commercial and political signs have a higher level of First Amendment protection, so those kinds of signs would have to be given at least as liberal an opportunity to be posted. Mayor Honea declared the public hearing closed. Council Member McGorray moved to approve the items as read, second by Vice Mayor Kai. Motion carried unanimously. A 3: Ordinance No. 2011.06: Relating to Community Development; establishing an Affordable Housing Program to support the preservation and development of affordable housing for qualified individuals and families; and declaring an emergency Motion to approve moved by Council Member Post, second by Council Member Comerford Upon roll call vote, motion carried unanimously. A 4: Ordinance No. 2011.07: Presentation: Relating to Development; repealing a section of Ordinance 2006.12 that granted an affordable housing impact fee waiver for areas designated as colonias; and declaring an emergency Motion to approve moved by Council Member Comerford, second by Council Member Post. Upon roll call vote, motion carried unanimously. Ms. Van Hook asked that Ordinance No. 2011.06 and No. 2001.07 be taken simultaneously. Ms. Van Hook noted that in order to bring the items relating to colonias back to Council as directed, some changes need to be made to Ordinance No. 2006.12. The goal of Ordinance No. 2006.12 was to set aside funding for impact fees to stimulate affordable housing, staff has found that over the past four or five years, very little housing was built. So there needs to be a better way of assisting in affordable housing. The two ordinances before Council tonight attempt to do that. These will establish the Affordable Housing Program, moving the set aside of impact fee funding into a program for the affordable housing that can be done community -wide. Keith Brann reviewed the original ordinance passed in 2006, noting that it was called a waiver, although the fees weren't waived so much as Council prepaid them. All colonias occur in northwest Marana, so 22 home impact fees was transferred to an impact fee account, and 22 valuations of park fees were paid to the park benefit. All fees for vacant lots were taken care of at that time. That methodology only took into account a geographical way of paying the fees. The maps used were very narrow in scope and in some cases people identified themselves with an area who actually lived outside the designated area. Similar issues occurred in the Honea Heights area. Some of the homes in the colonias were rebuilt homes which don't pay impact fees. Only four homes have been built and have had their impact fees waived. Eighteen credits were paid but have not been used. The combination of these ordinances would take the 18 unspent credits and transfer them out of impact fee account and into the affordable housing impact fee account that will become a financial need -based program. T. Van Hook then explained that part of the 5 February 15, 2011 Council Meeting Minutes program. The funding came out of general funds and went to a holding account to pay impact fees. How that fund will be paid out will change. She then described how families will qualify and how the impact fees will be paid. The same qualifications are in place. A 5: Resolution No. 2011 -24: Relating to Community Development; amending Resolution No. 98 -21 to designate Adonis, a Neighborhood within the Town of Marana, as a colonia Motion to approve moved by Council Member McGorray, second by Council Member Clanagan. Motion carried unanimously. Mayor Honea noted that each of the following resolutions would be voted on separately as some Council Members have conflicts as noted. Ms. Van Hook gave a brief overview of the definition of colonias. A 6: Resolution No. 2011 -25: Relating to Community Development; amending Resolution No. 98 -21 to designate Berry Acres, a Neighborhood within the Town of Marana, as a colonia Council Member Post declared a conflict. Motion to approve moved by Council Member Clanagan, second by Council Member McGorray. Motion carried 6 -0. A 7: Resolution No. 2011 -26: Relating to Community Development; amending Resolution No. 98 -21 to designate Honea Heights, a Neighborhood within the Town of Marana, as a colonia Mayor Honea declared a conflict. Motion to approve moved by Council Member Clanagan, second by council Member Post. Motion carried 6 -0. A 8: Resolution No. 2011 -27: Relating to Community Development; amending Resolution No. 98 -21 to designate Marana Estates, a Neighborhood within the Town of Marana, as a colonia Motion to approve moved by Council Member McGorray, second by Council Member Clanagan. Motion carried unanimously 7 -0. A 9: Resolution No. 2011 -28: Relating to Community Development; amending Resolution No. 98 -21 to designate Marana Vista, a Neighborhood within the Town of Marana, as a colonia Council Member Post and Vice Mayor Kai declared conflicts. Motion to approve moved by Council Member McGorray, second by Council Member Clanagan. Motion carried 5 -0. 6 February 15, 2011 Council Meeting Minutes A 10: Resolution No. 2011 -29: Relating to Community Development; amending Resolution No. 98 -21 to designate Price Lane, a Neighborhood within the Town of Marana, as a colonia Motion to approve moved by Council Member Clanagan, second by Council Member McGorray. Motion carried unanimously 7 -0. A 11: Resolution No. 2011 -30: Relating to Community Development; amending Resolution No. 98 -21 to designate Yoem Pueblo /Sandario Road, a Neighborhood within the Town of Marana, as a colonia Motion to approve moved by Council Member McGorray, second by Council Member Clanagan. Motion carried unanimously 7 -0. ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Relating to Mayor and Council; discussion and possible action to set the date of the second regular Town Council meeting in May Ms. Bronson presented this item, noting that the town code permits Council to move a regular meeting which falls on an election day to the following day. The second regular meeting in May falls on May 17, the date of the general election. Council needs take no action if they are agreed upon holding the meeting on May 18. May 18, 2011 was approved for the second regular meeting in May, no Council action was required D 2: Legislative /Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Josh Wright provided Council with an update on the bills introduced (1,334 bills). The League estimates that approximately 200 of those have an impact on cities and towns in our state. Staff is working with the League and others to make sure Marana's interests are protected during this session. A couple of bills of particular interest — SB 1221 — the bill that would freeze urban revenue sharing for the next 20 years — is being strongly opposed by all 91 incorporated cities and towns within the state. Another is a package of bills moving through as a "jobs" bill or "competitiveness" bill — a collection of items to reduce the burden on businesses to operate in a lesser tax environment. This is being supported basically by both houses. This would serve a variety of interests related to economic development. He will provide the Council liaison a list that goes over the full scope of the package. The remainder of bills are moving through both Chambers. The deadline is this Friday for a bill to be heard in their respective Chambers. EXECUTIVE SESSIONS Motion to go into executive session on Item E.2 moved by Council Member Clanagan, second by Council Member McGorray. Motion carried unanimously. Council left the dais at 7:49 p.m. Council returned to the dais at 8:30 p.m. 7 February 15, 2011 Council Meeting Minutes E 1: 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 E 2: Executive Session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana No action required. FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member McGorray, second by Council Member Post. Motion carried unanimously. The meeting was adjourned at 8:30 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on February 15, 2011. I further certify that a quorum was present. ocelyn . Bronson, Town Clerk fie 11111 � 0 Co��E SEAT, 8 February 15, 2011 Council Meeting Minutes