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HomeMy WebLinkAbout03/04/2014 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 4, 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 7:02 p.m. Town Clerk Bronson called roll. Vice Mayor Post was excused; all other Council Members was present. PLEDGE OF ALLEGIANC ANVOCATIONIMOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Council Member Comerford moved to approve the agenda, removing item C3. As amended, Council Member Bowen seconded the motion. Passed unanimously 6 -0. CALL TO THE PUBLIC. Ed Stolmaker, President and CEO of the Marana Chamber of Commerce, reported on the 5K and IOK run held last Saturday. he thanked the many volunteers who helped, especially noting the VIP S who assisted with parking and the town for its support. This year's weather prevented the turnout that they had hoped for with only 240 participants. However, money raised from this event is going to help build a track for the students at Thornydale Elementary School. Senator Michele Reagan from District 23 spoke, noting that she has served in the legislature for 12 years. She is running for a statewide office and is traveling around the state to meet people and introduce herself. She noted that she also served in the house as Commerce chair for six years, and the Senate she is the chair of the Elections March 4, 2014 Meeting Minutes I Committee. She is also doing a big voter registration drive for all parties, and commended the town for their public voter registration signs. PROCI,AMATIONS Volunteers in Police Services (VIPS). Mayor Honea noted that the proclamation was read during a ceremony preceding the Council Meeting. He noted that the Council is very appreciative of what the VIPS have done for the town. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member McGorray and Mayor Honea both spoke on the PGA Accenture Match Play, a great event held in Marana. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson noted that the Council Executive report for February is on the dais and also available online. PRESENTAr.TIONS P 1: Relating to Heritage; "State of the Conservancy" presentation by the Marana Heritage Conservancy. T. VanHook introduced Patrick Nilz, president of the Marana Heritage Conservancy. Mr. Nilz gave an update on the state of the Conservancy, the upcoming Founders' Day and also played a short video about the Conservancy. CONSENT AGENDA. Motion to approve the amended agenda by Council Member Ziegler, second by Council Member Kai. Passed unanimously 6-0. C 1: Resolution No. 2014 -017 Relating to Public works; approving and authorizing the Mayor to execute Amendment Number 1 to the intergovernmental agreement between and among the Town of Marana, the Town of Oro Valley, and Pima County for the design and construction of roadway improvements for Tangerine Road -Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive C 2: Resolution No. 2014-018 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 Act for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2014 -2015; and superseding and replacing Marana Resolution No. 2014 -006 adopted on February 4, 2014 C 3: Resolution No. 2014 -019 Relating to Development; approving a release of assurances for Saguaro Springs /Saguaro Bloom Block 813 and accepting public improvements for maintenance March 4, 2014 Meeting Minutes C 4: Resolution No. 2014 -020 Relating to Parks and Recreation; approving and authorizing the Mayor to execute an agreement between the Town of Marana and S & S Bluegrass Promotions, LLC for the 2014 Marana Bluegrass Festival C 5: Resolution No. 2014 -021 Relating to Development; approving an amended final plat for Silverbell west R -10 Lots 1 -42 & Common Areas "A- 1 ", "B- 1 ", "C- 1 " & 44 C -2 ", "D -1 "F,- -1 " " C 6: Resolution No. 2014 -022 Relating to .economic Development; contributing $2,500 to the Southern Arizona Defense Alliance to aid in a public relations campaign dedicated to supporting local military installations C 7: Approval of February 11, 2014 Study Session Meeting Minutes C 8: Approval of February 18, 2014 Council Meeting Minutes LIQUOR. LICLNSrS 1, 1: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Joseph Hentges on behalf of the Rotary Club of Marana -Dove Mountain for an event to be held at the Stardance Event Center on March 21, 2014. Presented by Jocelyn Bronson, who noted that the application was reviewed by staff and recommended to Council for approval. Council Member Bowen moved to approved, seconded by Council Member Comerford. Council Member McGorray abstained as a member of the Rotary Club of .Marana -Dove Mountain. Passed 5-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING ordinance No. 2014.006 Relating to Development; amending Marana Land Development Code Title 5 (Zoning) and Title 10 (Procedures) by adding conditional uses upon annexation as a conditional use in zoning classifications AG Agricultural, RD- 180 Rural Development, R -144 Residential, R -80 Residential, R -3 6 Residential, R -20 Residential, R- 16 Residential, R- 12 Residential, R -10 Residential, R -8 Residential, R -7 Residential, R -6 Residential, R -3.5 Residential, MR -2 Multi - Family (Med /High Density), MR- I Multi - Family (High Density), RV Recreational Vehicle, MH Manufactured Housing, CO Commercial, NC Neighborhood Commercial, VC Village Commercial, RC Regional Commercial, RR Resort and Recreation zone, MU -I Mixed -Use, CBC Campus Business Center, LI Light Industrial, and HI Heavy Industry; and by adding a new paragraph P entitled "Conditional Uses Upon Annexation" to section 10.10 (Conditional Use Permits), establishing the provisions and procedures to implement conditional uses permitted upon annexation; and establishing an effective date March 4, 2014 Meeting Minutes Resolution No. 2014 -023 Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by ordinance No. 2014.006, amending Marana Land Development Code Title 5 (zoning) and Title 10 (Procedures) by adding conditional uses upon annexation as a conditional use in zoning classifications AG Agricultural, RD -180 Rural Development, R -144 Residential, R -80 Residential, R-36 Residential, R -20 Residential, R. -16 Residential, R -12 Residential, R -10 Residential, R -8 Residential, R -7 Residential, R -6 Residential, R -3.5 Residential, MR -2 Multi- Family (Med/High Density), MR -I Multi - Family (High Density), RV Recreational Vehicle, MH Manufactured Housing, CO Commercial, NC Neighborhood Commercial, VC Village Commercial, RC Regional Commercial, RR Resort and Recreation Zone, MU -1 Mixed -Use, CBC Campus Business Center, LI Light Industrial, and HI Heavy Industry; and by adding a new paragraph P entitled "Conditional Uses Upon Annexation" to section 10.10 (Conditional Use Permits), establishing the provisions and procedures to implement conditional uses permitted upon annexation. Mayor Honea opened the public hearing. Presented by Frank Cassidy, who noted that this item is motivated by the next item, the San Joaquin pre - annexation development agreement. State law requires that upon annexation, property is translated to a town zoning with uses and densities no greater than are permitted in the county. Especially with commercial and industrial zones, town uses are completely different from the county's even though the residential zones are pretty similar. At the location of this annexation, the property has unrestricted CB zoning in the county, and the town has nothing approaching that. The procedure being proposed with this amendment is that "conditional uses upon annexation," be added to all Marana zoning classifications except the alphabet zones and the specific plan zoning classification and to add a special procedure to allow the Council to include "conditional uses upon annexation" in the annexation ordinance for the property. He then gave an example using San Joaquin. After a brief discussion between Mr. Cassidy and Council, Mayor Honea closed the public hearing. Motion to adopt Ordinance No. 2014.006 and Resolution No. 2014 -023, adding conditional rises upon annexation to the Marana Land Development Code by Council Member Comerford, second by Council Member McCorray. Passed 6 -0. A 2: ordinance No. 2014.007 Relating to Development; approving and authorizing the Mayor to execute the San Joaquin Pre - Annexation Development Agreement for the property located on the north side of Twin Peaks Road between Tiffany Loop and the Casa Grande Highway (I -10). Presented by Frank Cassidy, who noted that this is the agreement that caused us to want to use the conditional uses upon annexation procedure. The San Joaquin property is located at Twin Peaks and Tiffany Loop, and the pre - annexation agreement provides that this property will be translated to a Village Commercial zone with a few conditional uses, a parking use allowed in the county that are not expressly allowed under VC. He then explained how the agreement March 4, 2014 Meeting Minutes 4 works. A couple of weeks ago staff brought to Council a Notice of Intent to enter into a retail tax incentive agreement for this property, and this pre- annexation development agreement is a tax incentive development agreement because sales tax generated from the property — 45 percent of the town's portion of the sales tax would be reimbursed to the developer for any public infrastructure needs for the property. water and sewer are not in place yet. This agreement would allow the developer to be reimbursed. This is essentially the same financial deal that was given to the John Deere site. It is part of the town's strategic plan to annex this county island. Mr. Cassidy responded to questions from Council on the need for conditional uses prior to this agreement. He noted that without this conditional use provision, it was difficult to negotiate deals, so this formalizes what has been needed for some time. Motion to approve by Council ,Member Bowen, second by Council Member Mc Corray. Passed 6 -o. A 3: Resolution No. 20 14-024 Relating to Economic Development; approving and authorizing the Mayor to execute the Marana Main Street Monument Sign Use Agreement for the Town's permanent use of the top portion of a freeway monument sign near the Marana Road /Interstate 10 traffic interchange. Presented by Frank Cassidy, who indicated that the agreement was prepared in response to several meetings staff has had with the developer of the Marana Main Street project. The agreement provides for the town's financial participation in the monument sign behind the Marana Chevron in exchange for the town being able to use the top portion of the sign for advertising. The town would be able to design that wording. Since Mr. Cassidy put the agreement in the Council packet, he received requested modifications which he proceeded to outline for Council. He also noted that staff has not made a recommendation on this because there was no way to know the Council's level of interest. There is some concern that if the town participates in this sign, developers of signs elsewhere might ask the town to do the same. However, this particular sign is unique in that it marks the location of Marana Main Street and the municipal complex. The requested changes are that the town design, at its own expense, the initial message, logo and lighting, and then if the owner agrees to that design, the owner will provide it on the sign top. Council Member Comerford asked for some clarification on that request. The other changes are that the town would have the right to change modify or replace the logo at an additional expense, and the owner would have to agree to those changes. The next change is that in addition to the $60K., they would like the town to pay the monthly charge of electrical expense for lighting the sign top. Staff responded to the owner that they weren't comfortable with that change. Mr. Call clarified with Mr. Cassidy that he believes that will be a relatively nominal cost, but he can explain his position on that. Also, to keep the sign attractive, the owner wants the town to reface or refresh the top of the sign at least once every ten years. Mr. Cassidy and Mr. Call, manager for the owner, Marana Main Monument Sign, LLC, responded to questions from Council regarding the sign. Mr. Call said that what they are proposing is to give Marana the opportunity to make a statement at the entrance to Main Street, After general discussion, Council. March 4, 2014 Meeting Minutes 5 Member Ziegler moved to approve the resolution with the revisions noted by Mr. Cassidy. Council Member Bowen seconded the motion. Passed 6 -0. A. 4: ordinance No. 2014.008: Relating to Health and Sanitation; amending Town Code (Special 10 -6 Cha ter Events Permit); renaming Chapter 10 -6 as "Special Events "; amending the p definition of "special events " and other definitions; amending provisions related to exemptions to the special event permitting process; amending the application and application review processes; amending provisions related to the issuance or denial of a permit and grounds therefor; amending provisions related to classification of violations to clarify violations are civil infractions; adding new section 10 -6 -11 relating to permit revocation; renumbering Chapter 10.6 throughout to conform to changes; and designating an effective date Resolution 2014025 Relating to Health and Sanitation; declaring as a public record filed with the Town Clerk the amendments adopted by ordinance No. 20 14.008 to Marana Town Code Chapter 10 - (Special Events Permit) Presented by Jane Fairall, who noted that Chapter 10 -6 was added to the town code in 2007. During the p ast year, staff has met to discuss changes that will enhance and streamline the p special event permitting process. The most significant changes within the definition of special p p event. The feeling was that the current definition was too broad. A primary element of the changes was to focus on events taking place on town property. Private events where liquor is available or town services are provided to a significant degree would still be reviewed. Also reviewed d would be events that have a substantial deviation from the current legal land use of the property. Staff has also proposed some less stringent timelines, and rather than a late fee for turnip an event a l �cat on without sufficient time for processing, that would become a fee for g pp an expedited review of less than seven days before an event. No one has ever been penalized for violatin g p this chapter. Some of it is considered civil, some of it is considered a criminal violation, and what staff is proposing is that if there's a violation, it would just be a civil infraction. These are the substantive changes. Motion to adopt by Council Member Kai, second by Council Member Ziegler, passed 6 A5: ordinance No. 2014.009 Relating to offenses; amending Town Code Section 11 -5 -3 (N oise standards in the resort and recreation zone) to clarify a provision regarding noise standards for special events; and designating an effective date. Jane Fairall noted that this was a companion piece to the last item. The current code causes a little confusion about what noise standards apply to special events. The changes Council just approved state that noise levels will be approved as part of the evaluation process, and there may be conditions imposed. Motion to adopt by Council .Member Ziegler, second by Council. .Member Bowen. Passed 6 - Council Member Bowen commended the legal department for the excellent work they do in giving us legal tools to allow Council and staff to operate effectively. Mayor I -�onca concurred. g g g March 4, 2014 Meeting Minutes 6 ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relatin to Le and Government Actions Discussion and possible action re all pendin state, federal, and local le actions and on recent and upcomin meetin of other g overnmental bodies. Gilbert Davidson stated that we have not seen an onslau of bills that ne affect cities and towns that we have seen in the past. There are a few bills that we are trackin throu the Lea and throu our own lobb includin HURF restoration, and he will continue to provide information to Council if there are an chan to those. If there is a specific bill of interest to Council, let him know. Ma Honea noted that there was a bill is not to allow cities and towns to tax utilities on electricit The Lea is activel fi this bill or at least tr to put some restrictions on how bi a compan would need to be to g et a pass on the tax. He also noted that an official seekin a state or count office, re of part affiliation, would be g iven the traditional three minutes that an citizen is entitled to durin Call to the Public. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. § 38-431.03 (A)(3), Council ma ask for discussion or consultation for le advice with the Town Attorne concernin an matter listed on this a FUTURE AGENDA ITEMS Notwithstandin the ma discretion re the items to be placed on the a if three or more Council members re that an 'item be placed on the a it must be placed on the a for the second re Town Council meetin after the date of the re pursuant to Marana Town Code Section 2-4-2 ADJOURNMENT. Motion to adjourn b Council Member Zie second b Council Member Kai at 8:07p.m. Passed 6-0. CERTIFICATION I hereb certif that the fore are the true and correct minutes of the Marana Town Council meetin held on Mar 2014. 1 further certif that a q uorum was present. 0 W, ocel Bronson Town Clerk ---I, ; _ , 9 �� �` -, 4 4" .t .. March 4, 2014 Meetin Minutes