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HomeMy WebLinkAbout07/02/2013 Regular Council Meeting Minutes�pW N OF � � ;: 7 9 ��4��1�� 7 �, � �� qRIZONP REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, July 2, 2013, 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 Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Town Clerk Bronson called roll. Council Member Bowen was excused; there was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea, who asked the audience during the moment of silence to remember those who gave their lives in the Yarnell fire near Prescott. APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by Vice Mayor Post. Passed unanimously 6-0. CALL TO THE PUBLIC. David Lutz, a county resident who spoke regarding annexations and urban development affecting the desert and increasing taxes in areas bounding Marana. David Morales, who spoke regarding the protection of the Constitution. PROCLAMATIONS Support the activities for the Arizona Department of Veterans Services during the commemorative period of 2014 through 2017 Read by the Town Clerk. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member McGorray announced that today is her mother's 95�' birthday. Mayor Honea reported on his attendance at Marine Corps League ceremonies; a San Lucas neighborhood meeting and the Oro Valley Chamber of Commerce meeting at The Highlands. He also added that there will be no meeting on July 16 the next regular Council meeting will be August 6, 2013. Meeting Minutes for July 2, 2013 Page 1 of 6 MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Gilbert Davidson reminded the audience that Thursday is the town's 4�' of July celebration at Arizona Pavilions. PRESENTATIONS P 1: Presentation: Relating to Economic Development; Tucson International Airport Regional Update. Mary Davis from TIA reported that Alaska Airlines will now begin direct service from Tucson to Portland. She also reported on several other items related to the airport. P 2: Presentation: Relating to Personnel; classification and compensation study update presented by Waters Consulting Group, Inc. Introduced by Suzanne Machain and presented by Ruth Ann Ellege. CONSENT AGENDA. Motion to approve the ConsentAgenda by Council Member McGorray, second by Vice Mayor Post. Passed unanimously 6-0. C 1: Resolution No. 2013-066: Relating to Development; approving a final plat for Del Webb at Dove Mountain, Lots 1-108 and Block "1 ", Common Areas "A", "B", "C" and "D". C 2: Resolution No. 2013-067: Relating to Administration; approving and authorizing the Mayor to execute an Employment Agreement between the Town of Marana and Town Manager Gilbert Davidson C 3: Resolution No. 2013-068: Relating to Development; approving a Condominium final plat for Heinfeld Silverbell and Wade Units 1-10 and Common Element "A". C 4: Resolution No. 2013-069: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for payment for incarceration of municipal prisoners C 5: Resolution No. 2013-070: Relating to the Police Department; approving and authorizing the Mayor to execute the revised second amendment to the intergovernmental agreement between the Town of Marana, Pima County and other Participating Jurisdictions regarding the Pima Regional Special Weapons and Tactics (S.W.A.T.) Team C 6: Ordinance No. 2013.013: Relating to Business Regulations; amending Marana Town Code Title 9 entitled "Business Regulations"; amending Section 9-1-6 to modify a provision related to assistant inspectors of licenses; amending Section 9-1-7 to modify a provision related to duties and powers of inspectors; and designating an effective date. C 7: Resolution No. 2013-071: Relating to Intergovernmental Relations; endorsing the proposed Camino de Oeste III Annexation to the Mountain Vista Fire District C 8: Resolution No. 2013-072: Relating to Business Regulations; approving and authorizing the Mayor to execute the Second Amendment to the Intergovernmental Agreement between the Town of Oro Valley and the Town of Marana for reciprocal hearing officer services Meeting Minutes for July 2, 2013 Page 2 of 6 under Arizona Revised Statutes section 9-500.12, providing that the Oro Valley Legal Services Director or designee may serve as heaxing officer for appeals brought under Chapter 9-4 of the Marana Town Code regarding massage establishments C 9: Approval of June 18, 2013 Council Meeting Minutes LIQUOR LICENSES L 1: Relatin tg o Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a person-to-person transfer of an existing Series #7 beer and wine bar liquor license submitted by Indri Gunawan on behalf of Jade Garden Restaurant located at 3720 W. Ina Road, Ste. 106, Marana, AZ 85741. Presented by Jocelyn Bronson, who noted that the application was properly posted and processed. No protests were received. Staff is recommending approval. Motion to approve by Council Member McGorray, second by Vice Mayor Post. Passed unanimously 6-0. BOARDS, COMMISSIONS AND COMMITTEES B 1: Relatin� to Boards, Commissions and Committees; discussion, consideration and possible direction regarding recommendations from the Spring 2013 Marana Citizens' Forum regarding the topic "north Marana growth." Stacy Gowler was the spokesperson representing the Forum delegates. She noted that the Forum members selected north Marana growth for the session. Recommendations were presented to Council. No action was taken. B 2: Resolution No. 2013-073: Relating to Boards, Commissions and Committees; Re- appointing Don Duncan, Steve Miklosi, and Richard Miller to the Planning Commission. Presented by Del Post. Motion to approve the appointments by Vice Mayor Post, second by Council Member McGorray. Passed unanimously 6-0. B 3: Resolution No. 2013-074: Relating to Boards, Commissions and Committees; approving the re-appointment of Margaret (Peggy) Mackey-Craig to the Marana Public Safety Personnel Retirement System local board. Presented by Jocelyn Bronson, who noted that the item is a Mayor appointment for a citizen position on the local board which requires Council approval. Motion to approve by Council Member McGorray, second by Council Member Ziegler. Passed unanimously 6-0. COUNCIL ACTION A 1: PUBLIC HEARING: Resolution No. 2013-075: Relating to Community Development; authorizing Town staff to submit an application for FY 2012/2013 Arizona Department of Housing Community Development Block Grant (CDBG) Program Colonias Set Aside funds to connect income-qualified homeowners in the Honea Heights colonia to the sanitary sewer system. Mayor Honea declared a conflict and left the dais. Vice Mayor Post conducted the meeting for this item. Presented by T. VanHook. Vice Mayor Post opened the Public Hearing. There being no members of the public wishing to speak to this item, Vice Mayor Post closed the public hearing. Motion to approve by Council Member McGorray, Meeting Minutes for July 2, 2013 Page 3 of 6 second by Council Member Kai. Passed S-0, with Mayor Honea not voting. Mayor Honea resumed at the dais. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Land Development; discussion, consideration and direction regarding a possible amendment to the Marana Land Development Code to amend Title 8(General Development Regulations) Section 08.08 to prohibit medical marijuana dispensary offsite cultivation locations within the Town. Presented by Laine Sklar. This item was presented for information only and direction to staff to amend the Land Development Code. No motion is required. D 2: Relating to Utilities; discussion, consideration and direction regarding non-potable water use in North Marana. Presented by John Kmiec, who gave background on the issue starting with the installation of the system in 2003 and then presented some viable solutions for the future of the utility assets. He began with costs for water service in the area. These include the bulk water rate of $3.43/gallon; renewable resource fee of $.40 per 1,000 gallons; with the total cost per 1,000 gals at $3.83. The calculated acre foot equivalent is $1,248 per acre foot. Right now, the non-potable system is connected to the potable system being delivered to primarily two large areas — Gladden Farms and Rancho Marana. Mr. Kmiec showed slides representing Marana's 2012 water resources in acre feet pumped, with North Marana pumping the largest amount overall of the five systems at 44%. In acre feet, North Marana usage is a little over 70% for non-potable and 143% for potable. Mr. Kmiec then presented some possible solutions to mitigate the high cost of providing water to the residents in this area, including transferring or selling the non-potable system to a private entity. This option would relieve the water utility of any responsibility for the system which would benefit the long-term water resources portfolio for the utility. Any customer dissatisfaction would be directed to the new owner. However, he noted that this may not alleviate the cost issues for homeowner associations and could add an administrative burden between the utility and the new owner in tracking customer accounts. Dean Wingert, representing the master developer of Gladden Farms as well as a board member of the Gladden Farms homeowners' association, gave a brief history of the effects of the current system on homeowners and the homeowners' association. He asked for Council consideration to move this issue forward as quickly as possible. In response to questions from Council Member Ziegler as to how the potable and non-potable systems got connected, Vice Mayor Post gave a brief synopsis. The Town had a wholesale water contract with the irrigation district (CMID), and then the Town was going to turn around and put that same water into the non-potable lines, but later found out that that wasn't permissible. But if water was put into the Town's hands, the Town was still going to have to replenish it, so why buy the water from CMID. It was ultimately the same water that the Town was going to pump and deliver. So that agreement was severed. Frank Cassidy noted that this is a very complicated issue and is not really a matter of one entity having fault in creating the situation. He went into a lengthy explanation going back to the 1997 agreement between the Town and CMID, a key component of that agreement was that CMID and CWLJA, its related entity, control about 28,000 acre feet of a surface water right. Arizona law is divided into groundwater and surface water. Having a surface water right is a valuable right and does not require replenishment. Under the agreement, it was recognized that both parties would try to make maximum use of the surface water. Part of Meeting Minutes for July 2, 2013 Page 4 of 6 the idea was that the surface water would be delivered in the non-potable system. So the Town was anticipated to buy this surface water in bulk, and the only cost would be the cost of pumping it out of the well (sub-surface flow). The cost is not expensive and there would not be any replenishment. However, in the discussions with the Department of Water Resources (DWR), it became clear that when the water transferred from CMID to Marana, they would look differently at it and DWR was contending that they didn't believe there was a surface water right even though there's a certificate of surface water right there. As to whether the Town could sue DWR for a determination on surface water, the subject of what's a surface water right and what isn't is currently in litigation called the Gila River Adjudication. This litigation started in the early 1980s and is still going, but hasn't reached this part of the state yet. The litigation is going reach by reach in each of the rivers, and it could take decades before they get here. So it didn't make sense to fight over that issue, and the idea when it was first thought of would have been brilliant if we could have pulled it off, but we couldn't because of the regulatory complications. CMID does have a certificate of surface water rights today, and if they want to fight the regulatory fight with DWR, they also could be in a position to end up providing water at a much lower cost. Council continued their discussion of how this will affect the residents, to which Mr. Wingert responded that lower cost water would help everyone — the association or the residents. A more complicated issue is that some of the homes have a non-potable service to the yard and some don't. The Town discontinued that policy about three or four years after it was started. The water is group metered, so there's no way to determine how much water is being used by individual homeowners, so they all pay a flat rate. Paying a flat rate doesn't encourage conservation or responsibility, but solving that is going to be very complicated. But if water is being delivered at a lower cost, the other issues become substantially minimized. Council Member Kai suggested that staff should look into the solution of transferring to CMID Mayor Honea made a motion to erplore the possibility of having CMID provide the water in Gladden Farms and Rancho Marana and to involve the homeowners' association, the master developer and the Town in the due diligence necessary to move forward. Council Member Ziegler seconded the motion. Vice Mayor Post clarified that there needs to be a lot of discussion and to move quickly. It's also important for the Council to understand that in order for this to work and be a legal vehicle to supply water to Gladden Farms, that CMID provide this water autonomously. It won't fit under the rules and regulations if DWR deems that it's just a way for the Town of Marana to get around replenishment obligations. Call for the question. Passed unanimously 6-0. D 3: Relatin t�gislation and Government Actions; Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies. Deputy Town Manager Del Post had no report. EXECUTIVE SESSIONS. Motion to go into e�ecutive session by Vice Mayor Post, second by Council Member McGorray. Passed unanimously 6-0. Meeting Minutes for July 2, 2013 Page 5 of 6 E 1: Executive Session pursuant to A.R.S. § 38-431.03(A)(3), (4), and (7) for discussion and consultation with the Town's attorneys for legal advice and to consider the Town's position and instruct its representatives regarding pending negotiations with the Arizona State Land Department concerning the Tortolita Preserve Lease. Motion to for staff to proceed consistent with the staff recommendation that was presented in executive session by Council Member Comerford, second by Council Member Kai. Passed S-0. Vice 1t�ayor Post left for an emergency prior to the end of the executive session. E 2: 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. 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. Motion to adjourn at 9:23 p.m. by Council Member McGorray, second by Council Member Comerford. Passed unanimously S-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July 2, 2013. I further certify that a quorum was present. � , � �! � �«. � _��1.�� ��.r� � � �'I : • • � Meeting Minutes for July 2, 2013 Page 6 of 6