HomeMy WebLinkAbout10/01/2013 Regular Council Meeting MinutesREGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 1, 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. Vice Mayor Post called the meeting to order at 7:00
p.m. Records Administrator Hilary H. Hiser called roll. Mayor Honea and Council
Member Comerford were excused.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Vice Mayor Post invited
both the Cub Scout Troop and Boy Scout Troop, in attendance, to lead the Pledge of
Allegiance/Invocation/Moment of Silence.
APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by
Council Member Kai. Passed unanimously.
CALL TO THE PUBLIC. David Morales spoke regarding the regional trend to incorporate green
energy solutions. He specifically cited several regional public bodies that recently added solar panels to
their facilities. Mr. Morales concluded by encouraging the Council to investigate green energy solutions
for Town properties.
PROCLAMATIONS
Start By Believing Public Awareness Campaign
MAYOR AND COITNCIL REPORTS: SUMMARY OF CURRENT EVENTS. None.
Meeting Minutes —10/1/2013
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. None.
PRESENTATIONS
P 1: Relating to Utilities; presentation on options to acquire wastewater assets and effluent return flow
from Saguaro Bloom Development and adjacent service area. Presented by John Kmiec. Mr. Kmiec
indicated his presentation was a follow-up to information presented to the Council during a study session
regarding a new wastewater service route for the northern portion of Marana. Mr. Kmiec presented for
Council consideration two Saguaro Bloom wastewater service alternatives. Each alternative's feasibility
was assessed based on several factors: ease of property/easement acquisition, project timeline, project
cost, the total planning horizon using a ten year framework, ensuring ready development, and the total
return on investment.
The first alternative, the Avra Valley Alignment, has an estimated project cost of $11.4 million and
requires construction of two additional lift stations with directional flow conversion to accommodate
current and future flow. Mr. Kmiec noted this alternative would provide sewer service along Avra Alley
Road and allow the Town to serve the Saguaro Bloom Development. Conversely, this alternative is the
most expensive and the Town does not project growth along this alignment route during its ten year
planning window. This alternative requires extensive easement acquisition from the Arizona State Land
Deparhnent which process applications at minimum of 12 to 16 months. Council Mem6ers Bowen, Kai,
and Ziegler all expressed concerns regarding the likelihood of State approval for the easements in
addition to the acquisition costs. Frank Cassidy clarified that the easement sought from the State would
be a commercial lease costing the Town a fixed amount per year during the life of the sewer's use. Mr.
Cassidy and Mr. Kmiec confirmed that the yearly lease cost is not included in the project estimate.
The second alternative, the Tangerine/Downtown Alignment, has an estimated project cost of $7.4 million
and the new sewer construction, in certain areas, will tie into the existing system, thus taking advantage of
current infrastructure. Mr. Kmiec acknowledged this was the preferred alternative that meets the Town's
ten year planning horizon. In addition to its decreased cost, Mr. Kmiec explained easement acquisition
for the Tangerine/Downtown Alignment was simpler because the majority of right-of-way actions are
with private property owners or Pima County Flood Control regarding the Santa Cruz River. This
alternative also creates new collection service in an area with projected development generating a future
return on investment. Mr. Kmiec did concede there is no guarantee that development will follow the
perceived ten year time-frame. He also admitted the Town's return on investment is dependent upon
development. However, Mr. Kmiec did stress to the Council the project timeline from start to finish is
roughly 24 months.
Mr. Kmiec reminded the Council the final cost of the Tangerine/Downtown Alignment includes the
project cost of $7.4 million plus $12 million for the full treatment plant expansion ($9 million far the
original treatment plant expansion plus roughly $3 million expansion cost associated with serving
Saguaro Bloom) of the wastewater treatment facility totaling $19.4 million when completed. Council
Member Bowen requested clarification regarding the treatment plant's expansion. Mr. Kmiec indicated
the full expansion for the treatment plant was required to accommodate larger capacity load for projected
development in the area. Council Member Kai followed-up with an inquiry regarding the current
pipeline load capacity. Mr. Kmiec affirmed that the current size would accommodate the ten year
planning horizon.
Meeting Minutes —10/1/2013 2
Council Member Ziegler inquired about the manner and timeline for collecting impact fees for the sewer
hookups. Mr. Kmiec explained the Town collects impact fees after construction completion and the flow
load transfers to the Town. Council Member Bowen requested further explanation regarding the method
of payment for the project, specifically, if developers or the Town pay upfront construction costs. Mr.
Kmiec stated the method of funding was yet to be determined, but the impact fees associated with
development reflect the services provided. Although the Town has no control over the rate of
development in the area, Mr. Kmiec emphasized by providing pre-built water and sewer infrastructure
will help attract future development.
Vice Mayor Post expressed concerns about the final distribution method of the current $4,500 impact fee
to cover incurred costs of construction. Council Member Kai also articulated apprehension regarding
the total cost of construction compared to the impact fee associated with planned development based on
current economic conditions. Mr. Davidson reminded the Council that they previously instructed staff to
investigate shovel ready projects for development. However, due to the lack of infrastructure
development, several prospective companies passed on Town sites. Mr. Davidson cited Grand Canyon
University as the most recent example of a missed development opportunity. Council Member Ziegler
agreed with Mr. Davidson stating the Town's opportunity for growth is dependent upon having the
infrastructure in place to attract business.
Council Member Bowen returned to the topic of impact fees wanting to know the estimated number of
projected homes for development in the area. Mr. Kmiec informed the Council the minimum estimate is
1,800 homes, but the area can accommodate 2,500 homes over time with the impact fee structured to
recoup the costs. Mr. Cassidy elaborated that collection of the impact fees is dependent on construction,
but once in place the Town will always capture those flows and associated fees. Council Member
Bowen again returned to the topic of funding inquiring if the Town has the financial capacity to embark
on this alignment alternative. Mr. Davidson stated the Town has legal capacity to do the project, as well
as, engineering capacity to move forward, but would need Council direction to continue investigating
possible funding options.
Council Member Ziegler moved to direct staff to investigate the funding options for the
Tangerine/Downtown Alignment. Council Member McGorray secondec� Passed 4 to 1 with Council
Member Kai voting against.
CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Council
Member Ziegler. Passed unanimously.
C 1: Resolution No. 2013-086: Relating to Parks and Recreation; approving and authorizing the Mayor
to execute an agreement to terminate the Habitat Preservation Agreement relating to Tortolita Preserve
C 2: Resolution No. 2013-087: Relating to Economic Development; approving the transfer of up to
$200,000 in budgeted expenditure authority from the general fund contingency line item to the budget of
the Construction and Inspection Division of the Engineering Department for expenses related to
construction of a new entrance monument and related vegetation and landscaping at Sandario and Marana
Roads
Meeting Minutes —10/1/2013 3
C 3: Resolution No. 2013-088: Relating to Development; adopting a notice of intent to enter into a
retail development tax incentive agreement for the proposed development of Continental Ranch Parce160
located in the vicinity of the north intersection of Tiffany Loop and North Casa Grande Highway
C 4: Resolution No. 2013-089: Relating to the Police Department; approving and authorizing the Chief
of Police to execute a memorandum of understanding with the Yuma Regional Communications System
for the use of a system-wide calling channel
C 5: Resolution No. 2013-090: Relating to Community Development; approving and authorizing the
Mayor to execute a Grant-in-Aid Fiscal Agent Agreement between the Tohono O'odham Nation and the
Town of Marana on behalf of the Marana Heritage Conservancy for purposes of funding the Heritage on
Wheels program
C 6: Approval of September 19, 2013 Special Council Meeting Minutes
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1: Relating to Development; motion to reconsider Ordinance 2013.022 and Resolution 2013-084
adopted on September 3, 2013, for the limited purpose of deleting the requirement that a medical
marijuana dispensary shall cultivate all medical marijuana offered for sale on-site. Presented by Frank
Cassidy. Mr. Cassidy explained the motion to reconsider allows the Council to remove language that
limits local dispensaries to sell only medication cultivated on-site. Mr. Cassidy assured the Council the
ordnance will still prohibit third party off-site cultivation in Marana, but will not limit the dispensaries'
ability to purchase medication cultivated off-site by other licensed dispensaries from across the state.
Public speaker and local dispensary owner, Michael Schmidt, commented that the wording of the
ordinance passed on September 3, 2013, was in opposition to the current state law governing the sale and
operations of licensed dispensaries. Mr. Schmidt stressed that it is physically impossible to cultivate the
required number of inedical marijuana strains needed to remain profitable, thus effectively putting the two
dispensaries out of business.
Council Member Bowen clarified that if the Council reconsiders the motion to modify the ordinance it
will: one, continue to allow on-site cultivation at the dispensaries, two, dispensaries would be allowed to
import medication from other dispensaries, and three, the Town would still prohibit off-site cultivation
within its jurisdiction. Mr. Schmidt affirmed that position and assured the Council his operations are
highly regulated by the Arizona Health Department and the facility's security is state of the art ensuring
proper medication control during cultivation, transportation, and sale. Mr. Schmidt concluded his
comments by answering Council Member McGorray's question regarding the regulation of off-site
cultivation. He informed the Council the State grants each governing body the option of allowing off-site
cultivation within its jurisdiction, but does not allow private individuals to grow medication and sell to
dispensaries without the proper state approval and licensing.
Meeting Minutes —10/1/2013
Council Member Ziegler asked a procedural question regarding the motion and Mr. Cassidy explained
the Council needs to reconsider the ordinance in its entirety thus suspending its implementation to allow
the Council to revise the language. Mr. Cassidy further explained that if the Council were to allow the
ordinance to take effect first, the ability to revise the language would be postponed by several months
because the process would have to start from the beginning to amend the ordinance. The motion to
reconsider thus addresses the issue in a timelier manner.
Speaker Ken Sobel, who represents the Dispensary Owners of Arizona, addressed the Council in support
of the revised language. Mr. Sobel stated each variety of inedicine cultivated is used for a variety of
ailments and licensed dispensaries require access to the different strains to meet the needs of their
patients. Mr. Sobel also emphasized the dispensaries operations provide positive financial benefits to the
communities they serve as a highly taxed revenue source.
Motion to reconsider Ordinance 2013.002 and Resolution 2013-084 adopted on September 3, 2013 by
Council Member McGorray, second by Council Member Ziegler. Passed unanimously.
ITEMS FOR DISCUSSION/POSSIBLE ACTION. None.
EXECUTIVE SESSIONS
E l: 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
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting
held on October 1, 2013. I further certify that a quorum was present.
Hilary H. Hise�Records Administrator for Jocelyn C. Bronson, Town Clerk
Meeting Minutes — 30/1/2013