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HomeMy WebLinkAbout05/06/2014 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 6, 2014 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 7:01 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Ashlyn Ware, representing the American Legion Auxiliary, District 2. This was followed by a moment of silence. APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by Vice Mayor Post. Passed unanimously. CALL TO THE PUBLIC. Anna Marie Arenas, member of the American Legion District 2 Auxiliary, Casas Adobes Unit 73, spoke about the annual celebration of Poppy Day which is observed on Memorial Day. She then described the significance of the poppy and how the visual image of the poppy is connected to the sacrifice of service made by our veterans. She thanked Council for the opportunity to come before them to reaffirm the commitment of the Auxiliary to the program. David Morales spoke regarding the local swap meet which meets Saturday morning in front of the Cotton Blossom Thrift Store. He noted that the parking lot is getting too crowded and asked May 6, 2014 Meeting Minutes Council if the MMC parking lot could be used on Saturdays for the swap meet from 6:00 a.m. to Noon. PROCLAMATIONS. Mayor Honea declared the proclamations part of the permanent record. Public Works Week 2014 Proclaiming May 2014 as Foster Care Month MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported on various functions he attended recently including a Southern Pinal County Mayor's meeting; a meeting at Ventana Canyon of the TREO Blueprint; a meeting of DM50 at Tucson Country Club; the Catalina Scouts Annual Meeting; the Hartman Vistas Neighborhood gathering and a news conference at Pinal Air Park regarding the 285 helicopter squadron which is in danger of losing all of its Apache helicopters to the Army. If that happens, it will adversely affect 400 friends and neighbors in the area. Mayor Honea also noted that Devan Ashcraft completed his Eagle Scout project with a successful 5K Diaper Run, collecting nearly 6,000 diapers for the diaper bank. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted that the Council Executive Report for April has been printed, is on the dais and posted to the website. PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member McGorray, second by Council Member Kai. Passed unanimously. C 1: Resolution No. 2014 -037: Relating to the Marana Regional Airport; approving and authorizing the Mayor to execute Joint Project Agreement 14- 0004122 -T between the State of Arizona and the Town of Marana for a pavement preservation project at the airport C 2: Resolution No. 2014 -038: Relating to Utilities; extension of current contract with Pima County Wastewater Reclamation Department for waste sludge disposal services C 3: Resolution No. 2014 -039: Relating to development; Acceptance of Dove Mountain Boulevard Station 260 +90.74 to 277 +08.94 for maintenance C 4: Resolution No. 2014 -040: Relating to Real Estate; approving and authorizing the Mayor to execute the second amendment to lease agreement between the Town of Marana and Sprint Spectrum Realty Company LP regarding property leased at the Marana Operations Center C 5: Resolution No. 2014 -041: Relating to Development; approving a final plat for Casa Sevilla Lots 1 -48, Common Areas "A ", "B ", "C ", and "D ". May 6, 2014 Meeting Minutes C 6: Resolution No. 2014 -042: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pima County for provision of video -court hearings of municipal prisoners C 7: Resolution No. 2014 -043: Relating to Real Estate; approving and authorizing the Mayor to execute a Right -of -Way License and Settlement Agreement between the Town of Marana and Attention Transit Advertising Systems LLC regarding bus benches in the Town right -of -way C 8: Approval of April 15, 2014 Council Meeting Minutes LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2014.010: Relating to Development; approving and authorizing the Mayor to execute the Second Amendment to Marana Spectrum Development Agreement and approving the Marana Spectrum Specific Plan amendments for the proposed Marana Center project on property located on the south side of Twin Peaks Road between Interstate 10 and Linda Vista Boulevard. Mayor Honea declared the public hearing open. Presented by Frank Cassidy, who noted that Vintage Partners, doing business as VP Marana 160, is the entity which now owns and is developing the Spectrum site as the Marana Center project. The documents presented to Council arose from Mr. Cassidy's concern that what Vintage Partners wanted to do on this property would be permitted. It was fully vetted with town staff, and everyone is comfortable with it. He just wanted to make sure the documentation was in alignment with that. He proceeded to give the highlights of the specific plan amendment including signage and a slight boundary change. The development agreement amendments are even simpler. The reimbursable out of state sales tax schedule has been updated and a couple of other minor revisions made related to abandonments. It also removes the development fee impact waiver. No one wished to speak during the public hearing, and it was declared closed by Mayor Honea. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously. A 2: PUBLIC HEARING: Ordinance No. 2014.011: Relating to Development; amending the Marana Town Code to add new Title 17 (Land Development) to accommodate the pending reformat of the Land Development Code; adding new Marana Town Code Chapter 17 -17 (Development impact fee ordinance); and establishing an effective date Resolution No. 2014 -044: Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2014.011, amending the Marana Town Code to add new Title 17 (Land Development) to accommodate the pending reformat of the Land Development Code; and adding new Marana Town Code Chapter 17 -17 (Development May 6, 2014 Meeting Minutes impact fee ordinance). Mayor Honea declared the public hearing open. Presented by Frank Cassidy. The ordinance text amendment is the structure within our town code that explains how impact fees are adopted and administered. It's modeled after the League's ordinance. We modified it to conform to Marana studies. No one wished to speak during the public hearing, and it was declared closed by Mayor Honea. Motion to approve Ordinance No. 2014.011 and Resolution No. 2014 -044 by Council Member Kai, second by Council Member Bowen. Passed unanimously. A 3: Ordinance No. 2014.012: Relating to Development; Adopting development impact fees for street facilities and parks and recreation facilities, accepting and approving the technical reports identifying benefit areas and facilities needs, and providing an effective date pursuant to A.R.S. § 9- 463.05(C); providing notice of continuation of certain previously- adopted development impact fees pursuant to A.R.S. § 9- 463.05(R) Presented by Keith Brann, who noted that this is the final required public meeting before the new impact fees go into effect on August 1, 2014. He gave a brief synopsis on development impact fees which are authorized under state statute and the purposes for which they are instituted. Since 1999, the town has had several fees in place. Due to changes in state law, staff has been reviewing our fees to comply with the new laws. Mr. Brann then gave an overview of the current process. With the adoption of the development fee ordinance previously heard tonight, we can discuss the adoption of fees for streets, parks, water and wastewater. He will be discussing streets and parks, and Mr. Kmiec will be discussing wet utility fees. He noted that there have been very few changes to the reports since they were published. The first change was an imbalance in the equivalent dwelling unit (EDU) favors in terms of retail development. No changes were made to the fee calculations since that time regarding EDU factors. A new change is that in looking at the various new developments in the town and how they will play with the new impact fees, we do have a situation with the Dove Mountain development due to the massive infrastructure that they developed. They have an impact fee waiver which could cause an issue with the new state laws. Staff re- evaluated how the impact fees worked and removed the Dove Mountain development from the fee benefit area which turns their demand and their residences into an out -of -area development similar to how Oro Valley's traffic passes through our region. It's accounted for, but we don't necessarily charge a fee to them. It becomes a wash in terms of the fee calculations, but it covers the town's liability for that fee waiver. The final fees have not changed since the March public hearing. The adoption tonight will cover several categories, and we do have base fees calculated for three roadway districts and a town - wide parks fee. The benefit areas have changed slightly in the northeast due to the removal of Dove Mountain and treating it as an out -of -area- development. We have the three streets fees: northeast, northwest and south plus the town -wide parks fee. Homebuilding is going to see a significant fee reduction of several thousand dollars. Multi - family won't see quite as much due to construction cost credits, but they will see some reduction. In the non - residential categories, this is where we'll see fees being implemented due to the state law which requires that if you do have a residential fee, you must also assess a commercial fee. May 6, 2014 Meeting Minutes We have been going through all of the different development agreements and capital credits that we've had. If we were to collect fees for northwest construction, under the new law we would be obligated to build the infrastructure within the 10 -year cycle or return whatever fee we do have. So staff is looking at not implementing a northwest fee because we would never recover the cost to do the construction of the infrastructure, and that would be a liability for the town. The south impact fee areas has a similar situation, but not as extreme. The south has a different situation in that the state law also allows us to maintain an impact fee that pre -dates state law changes if that fee is only being used for debt service, which is the exact situation that we have in that the south fee was set up to pay for the Twin Peaks interchange. We built it, and all we have now is the debt service. So while we are not recommending a new south fee either, staff is recommending that the current south fee be kept in place until the debt service for the Twin Peaks interchange is retired, at which point that fee will also go away. In a few years, we'll have only an impact fee in the northeast which is being used to fund the Tangerine Road expansion project from the RTA. Going forward, the town may have to move toward a philosophy of looking at roads that are really too big for developers to build where the town takes on obligation, and we can collect impact fees where we don't have to worry about people having credits for those roads. Getting into these credit situations is starting to become unmanageable due to the 10 -year cycles that we are having to follow. With that, staff is recommending the Option 2 ordinance in the packet, which is that Council adopt the re- calculated northeast fee and the parks fee from the report. The south fee currently in place would be continued as would the Lower Santa Cruz Levee fee. And because of the capital credit issue outlined, staff is recommending not implementing a new northwest fee which would cause the current northwest fee to expire. Motion to approve Option 2 by Council Member McGorray, second by Council Member Bowen. Passed unanimously. Council Member Kai thanked Mr. Brann and his staff for the proposal they came up with. A 4: Ordinance No. 2014.013: Relating to Utilities; Adopting development impact fees for water infrastructure, water resources, and wastewater facilities, accepting and approving the water and wastewater utility impact fee study, and providing an effective date. Presented by John Kmiec, who noted that tonight's discussion will be a wrap -up of presentations over the past several months. He began with a review of the public meetings, hearings and timelines to meet the statutory requirements to adopt the fees by August 1, 2014. Next, he reviewed the current impact fees and water benefit areas. This fee will be collected differently because of the new state defined benefit areas. The six water infrastructure benefits areas that will be affected by the proposed fees are the North Marana, Twin Peaks, Saguaro Bloom, Palo Verde, Airport and Falstaff systems. Future plans are to interconnect the Twin Peaks area with Continental Reserve and Picture Rocks and make that one large benefit area. The current water resource fee will increase on August 1, 2014. This is slightly different than what staff presented earlier because there was a reduction in the water resources fee and the wastewater infrastructure fee. This is primarily a result of sharing the burden of the wastewater settlement -- 50 percent of the water resources fee and 50 percent to the wastewater infrastructure fee because all water customers will benefit from the water resources. $1 M was removed from that fee because that May 6, 2014 Meeting Minutes amount was already figured into the bonding for the wastewater settlement. Also, since we've been collecting for the sewer side of the utility, we've taken in a little over $1.5M. So we have that balance. Staff moved that balance forward so that we can have access to those funds when we start to make those payments. And that reduced the town's overall liability going forward for the next 10 years. Mr. Kmiec also noted an item in the ordinance which is an addition to the Twin Peaks area regarding the purchase of service area rights from the Town of Oro Valley. There's a pass - through cost to pay Oro Valley for that. Right now it's a little over $1,100. If someone develops in section 23 of the Twin Peaks area, there will be an additional added cost to the $2,457. Next, Mr. Kmiec noted the wastewater boundary area. There is only one benefit area — the Marana Luckett wastewater plant. The proposed rate will decrease slightly. This will cover the debt service attributable to wastewater infrastructure as well as the upgrades over the 10 years and the $2M for the force main for the Saguaro Bloom extension to bring those customers into our larger area. He then gave total fee examples for the residential and commercial customers. Mr. Kmiec concluded that the fees are just and in accordance with national standards. Staff believes that they are in full compliance with SB 1525. And the collection of the proposed fees will ensure that growth pays for itself particularly on the water and wastewater side in North Marana. Motion to approve by Council Member Kai, second by Vice Mayor Post. Passed unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating g_ o Legislation 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. Mr. Davidson stated that the Legislature has adjourned for this session. Triadvocates is preparing a written summary to submit to Council and make available to the public. We will also schedule a presentation for them to come down and give a recap of what took place during the session. EXECUTIVE SESSIONS 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. 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). May 6, 2014 Meeting Minutes ADJOURNMENT. Motion to adjourn at 7.49 p.m. by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 6, 2014. I further certify that a quorum was present. p5son, Town Clerk May 6, 2014 Meeting Minutes