HomeMy WebLinkAbout12-06-2016 Regular Council Meeting MinutesMARANA TOWN COUNCIL
REGULAR COUNCIL MEETING MINU "I "ES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, December 6, 2016, at or after 7:00 PM
Ed Ilonea, 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 7.03
p.m. Town Clerk Bronson called roll. Council Members Comerford and Ziegler were excused;
there was a quorum present.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor
Honea.
APPROVAL OF AGENDA. Motion to a rove the agenda by moving Item CZ to the last
action item by Council Member Bowen. Second by Council Member Ifai. Passed
unanimously 5-0.
CALL TO THE PUBLIC. Randy Shepherd spore regarding his concerns about the Tapestry
project.
PROCLAMATIONS
PC A proclamation honoring the service of Marana Police Officer Bryant Brewer (Jocelyn C.
Bronson). Ms. Bronson read the proclamation, and Police Chief Rozeina asked officer .brewer
to come forward and be recognized while he highlighted many of officer Brewer's
accomplishments during his tenure with the town.
December 6, 2016 Regular Council Meeting Minutes 1
MAYOR AND COUNCIL REA PORTS: SUMMARY OF CURRENT EVENTS. Council
Members Bowen and McOorray and Mayor Honea remarked on the outstanding job Monique
Meza and Vickie Hathaway and many other staff did putting on the Holiday Tree Lighting; event.
MANAGER'S REPORT* SUMMARY OF CURRENT EVENTS. Mr. Davidson also
remarked on the many hours staff put into making the Holiday Tree Lighting event the best ever.
He also noted that the monthly executive report for November is available online and on the dais.
PRESENTATIONS
CONSENT AGENDA. Motion to approve, repmoving Item C2 as noted, by Vice Mayor Post,
second by Council Member Bowen. Passed unanimously 5-0.
1 Res . on No 2016-129
Relating to Community Development; approving and
,.... -�
authorizing the Mayor to execute an intergovernmental agreement between Pima County and the
Town of Marana for the management and implementation of the 201 6 --2017 Community
Development Block Grant :Program (Lisa Shafer)
C2 Resolution No. 2016-130 Relating to Personnel; approving one additional paid floating
holiday for eligible Town of Marana employees, to be used during the time period of December
23, 2016 through January 3, 2017 (Curry C. Hale) This item was taken off Consent and heard as
Action Item A6. Mr. Davidson presented stating that the timeframe in the title of this item is
why staff wanted to put the item on the Action agenda for consideration. Staff would like to add
one week. before December 23 and one week after January 3, 2017 to the time period. The
reason is that certain departments that have 24 -hour r equirements for operation: public safety,
water and wastewater, and parks. It mares it difficult when you have a very narrow window to
accommodate all employees with a day off, we wanted to provide a little more flexibility to
those departments, and this actually accounts for all departments to be able to maintain
operations. Motion to approve as amended by staff by Council Member Bowen, second by
Council Member McGorray. Passed S -o.
C3 Approval of the November 15, 2016 Joint Study Session :Meeting Minutes with the
Marana Town Council and Marana Planning Commission; approval of the November 15, 2016
Regular Council Meeting Minutes; and approval of the November 29, 2016 Special Council
Meeting Minutes (Jocelyn C. Bronson)
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
B 1 Resolution No, 2016- 131 Relating to the Utilities Board; appointing a chair and selecting
Council- appointed members to the Town of Marana Utilities Board (John Kmiec). Mr. Kmiec
noted that every four years the Utilities Boards needs new members and a new chair. F rom
October 10 through November 10, 201 the town did recruit for members through social media
and the towns website and word of mouth. throughout the community. Three citizens applied
and are qualified to become members: Ms. Julie Mette, Mr. Jeff Biggs and Assistant Chief,
Doug Emans, from Northwest Fire District. The Council may interview them publicly or in
December 6, 2016 Regular Council Meeting Minutes 2
executive session, make one or all the appointments as well as request additional solicitation or
any other Council action. .Motion to approve the resolution to accept the three applicants by
Vice Mayor .Post, second by Council Member Kai. Passed unanimously 5-0.
COUNCI ACTION
A I PUBLIC HEARING: ordinance No. 201 6.023 Relating to Development; approving a
rezoning of approximately 45 acres of land located east of Camino de Manana approximately
118 mile south of the Desert Falcon Lane alignment from "R -36" Single- Family Residential to
"R -6" Single - Family Residential. (Brian D. Varney). Presented by Brian Varney. Mayor
Honea opened the public hearing. The proposal is to develop 14 1 /2 acres to be developed as
residential lots. About 6 1 /2 acres will be designated for roadways and related infrastructure; 24
acres of natural open space, of which approximately 15 acres will be natural, undistributed open
space and a 2 acre park which fits in near the main entrance off of Manana. The developer will
also construct a 10 -foot wide shared use path which will be along the entire frontage of Camino
de Manana and .loin up with the path that will be constructed for The Preserve at Twin Peaks
which will provide a continuous pedestrian access from this project to the intersection of Camino
de Manana and Twin Peaks which will tie into the larger trail system. The applicant is also
proposing a public trail easement along the east boundary within the 100 -foot setback and will
also follow along the mn ijority of the south boundary and tie into a public trail easement in The
Preserve at Twin Peaks. This public trail will be constructed by the town, and the easement will
be dedicated by the developer at the plat stage.
There are 82 lots proposed with a 6,000 square foot minimum and up to 72,000 square feet.
There will be a combination of one and two story homes. The lots designated with the letter "S"
in the plan are lots with single story homes which are mostly along the perimeter area to
minimize view shed impacts to adjoining properties. In addition to the site analysis, this project
will also be subject to the town's residential design standards as well as the Twin Peaks Corridor
Study.
'The Planning Center met and worked directly with a number of surrounding property owners to
resolve concerns. The result of those meetings was to designate several of the lots along the
perimeter and single story and also increase the buffer yards on the north and east boundary to
give a 100 -foot separation between lots that are proposed and the property boundary. The town
received two letters of protest which are in the packet materials. The property owner to the
north, Paul Urdovich, submitted a letter expressing his concerns but has asked that the letter be
removed as his concerns have been adequately addressed.
Within the past week, the applicant has made an additional concession regarding neighbors to the
north in that they have agreed to limit the two northernmost rows of lots consisting of eight lots,
to single story with a maximum height of 18 feet for a pitched roof and 16 feet for a hip roof,
Also, Condition #15 in the ordinance should be amended. Currently, the condition states that a
4 -foot screen wall will be constructed along the northern end of the cul-de -sacs to prevent
headlight trespass. The amendment is requested because the applicant will be constructing a 5-
Loot perimeter wall along the north boundary of those lots to provide more privacy.
December 6, 2016 Regular Council Meeting Minutes 3
There were no speakers from the public, and the Mayor declared the hearing closed. Motion by
Vice Mayor lost, second by Council Member I(al, to approve the added conditions regarding
roof he'ht on the northernmost rows o, f ` lots affecting eight lots and amended condition 15 as
recommended by staff. Passed 5-0.
A2 Resolution No. 2016- 132 Relating to Development; approving and authorizing the
Mayor to execute the .Agreement to Terminate Fianchetto Farms Development Agreement
(Frank Cassidy). Mr. Cassidy noted that the original development agreement made certain
assumptions about the development that was going to occur around it including that there would
be a water line that would go through Payson Farms to the north of Fianchetto and that
Fianchetto would be obligated to share in the cost of that water line. That water line was never
constructed, and Fianchetto took water service from the south at its own cost. That is one of
several examples of things in the Fianchetto development agreement to not come forward as
expected. Now that D.R. Horton has taken an option on some of the lots and is about to start
selling those lots, the developer and D.R. Horton have asked for the title to be cleared of this old
development agreement because the financial obligations in it aren't accurate. Staff felt the best
approach would be to terminate that old development agreement and tell the Fianchetto
developer and any builders in there that they have to meet all of the current requirements of the
town and pay all of the current fees that would apply as if the old Fianchetto development
agreement never happened. Motion by Council Member Bowen, second by Council Member
McCorray to terminate the old Fianchetto agreement. Passed 5--0.
A3 Resolution No, 2016-133 Relating to Utilities; approving and authorizing the Mayor to
sign an Amended and Restated Intergovernmental Agreement between the City of Tucson and
the Town of Marana regarding Tucson water service within the town limits of Marana (John
Kmiec). Mr. Kmiec noted that this agreement originally occurred in early 2000 and was
updated in 2009 or 2010 and the sunset occurred in 2012. We have not had an active water
agreement with Tucson water since then. A new agreement has been negotiated. with Tucson
Water which will allow areas of town with Tucson infrastructure near or in place where the
Marana water Department is not present the town has the option of requesting that Tucson
Water serve certain parcels that Marana water infrastructure may not connect to for several
years. In exchange, the town would reimburse City for water services to those properties.
The current agreement is similar to agreements we have had in the past, however, there are some
new items, which he highlighted. one is water resource impact fees. Now, if Tucson water
agrees to serve a property within the town in the non - contracted area (such as outside of
Peppertree Ranch or Dove Mountain, which are intended service areas), upon obtaining a
building permit, the Marana water Department will get the impact fees related to water
resources. In addition, the monthly resource rates that would be collected by Tucson water at the
end of the year would be transferred to Marana water for the purpose of purchasing future water
credits associated with those parcels. on an annual basis, Tucson water would receive an annual
credit from the town to cover those parcels they have served on our behalf. In addition, Tucson
Water will serve new developments in Marana as long as they meet the City of Tucson service
area policy which was established in 2010 to keep the city from expanding further and further
into the other incorporated areas or into non - incorporated Pima County. Tucson water won't
serve parcels 3 acres or less that are not bounded by current Tucson water customers or
commercial properties 50 acres or less that are not bounded on at least three sides by current
December G, 2016 Regular Council Meeting Minutes 4
Tucson water customers. Those are the substantive differences between the past IGA's and this
one. If the new ILIA is approved, the town will be assessing our impact fee for resources on those
developments; the city will not collect the resources fee. The town ends up reimbursing credits
and the city ends up transferring resource rates, and the town collects the fee. If the town
develops infrastructure to these areas, Mr. Kmiec believes the city would entertain the idea of
working out an agreement that then adopts these customers. The town is only collecting the fee
relating to resources. The city is only collecting their associated impact fee as well as Tucson
Water rates; it's the water resources that we have the agreement on. This agreement does
obligate Tucson water to serve Marana residents under the terms and policies stated. This
agreement would not cover a recent request to serve a school district parcel because that parcel
was not bounded on three sides by current Tucson water customers. Motion by Council Member
Ifai, second by Vice Mayor Post to adopt the resolution as proposed. Passed 5-00
A4 Resolution No. 2016-134 Relating to Development; amending the infrastructure
improvements plan supporting development impact fees for parks and recreation facilities by
revising the projects included in the infrastructure improvements plan and shifting the anticipated
development impact fee funding among those projects without changing the amount of the fee or
the level of service (Frank Cassidy). Cynthia Nemeth- I3riehn presented this item., noting that a
public notice was properly posted regarding the parks infrastructure improvement plan. She then.
gave an overview of the parks improvement plan that was adopted in 2014 which is the focus of
this amendment. The plan allows the town to adjust projects as community needs change. The
amendment does not change the amount of the impact fee, nor does it change the level of service.
Also, it does not change the funding amount. It does allow staff to address current needs and
opportunities. She then referred to an allocation schedule contained in the packet materials. The
funding amount in the original allocation and the amended allocation is the same. Motion to
approve by Council. Member Bowen, second by Vice .Mayor Post. gassed 5 -0.
A5 Resolution No. 2016-135 Relating to Intergovernmental Relations; adopting a 2017
Town of Marana legislative program and authorizing and directing those authorized to lobby on
behalf of the Town of Marana to represent and pursue it (Tony Hunter). Mr. Hunter noted that
the items listed in the 2017 agenda are the same as those in the 2016 agenda. After
communicating with the League, staff found that the current list is adequate for the issues we
think might come up during the corning session. Motion to approve by Council Member Bowen,
second by Council Member McCorray. Passed 5 -0.
A 6. See Item CZ for action taken.
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D 1 Relating to Finance; presentation, discussion and possible direction on proposed changes
to the Town of Marana comprehensive fee schedule and other various rate and fee adjustments
(Jamsheed M:ehta). Mr. Mehta stated that although staff generally comes to Council in March
or April for approval of the comprehensive fee schedule, the last: time staff presented they
indicated they would come back to Council for a Enid -year adjustment, primarily focusing on
things that would streamline the business practices process and identify some efficiencies to be
gained without having to wait for a full year for the next budget cycle to begin. The general goal
associated with the fee schedule is to identify what would be best for the customer. Fourteen
December b, 2016 Regular Council Meeting Minutes 5
departments with identified fees worked together on this. While we will still have an annual
update as well as part of the budget process under the direction of the Finance Department, Mr.
Mehta's objective today is to present some of the findings and opportunities that have been
identified for this Enid --year adjustment. He then presented a high level overview of the changes
from a statistical. perspective. The current 61 -page document has 535 individual lines of fees.
After proposing the changes, there will be 350 proposed fees which amounts to about a 35%
reduction in the number of lines. We have eliminated 247 of which 77 are permanent
eliminations of certain fees. He then gave examples of the simplification process. There is one
fee increase from all of these which is the opportunity to recover damages caused by aircraft
when they veer off the runway and hit one of our lights. We haven't been collecting our true
costs. other than that, none are increases; they are either decreases or complete eliminations.
He then gave an example from the Engineering Department of a new calculation method, which
is a better indication of staff s true time spent on a project rather than based on the acreage of the
fee.
Ira Mehta then gave a few examples of "bundling" a package of fees. The first is for a
Welcome to Marana business package. The fee includes a new business license, one banner sign
permit and occupancy compliance inspection. Currently, this involves three separate
departments. The fee would be $ 100 per submittal. A. park rental would be an exclusive use
bundle which would include an event space reservation, utilities, beer & wine permit for $300
per day. .A. signature event vendor~ fee for for - profit organizations would be $ 100 per event to
include space, electricity and a 10 -day temporary business license.
Notice of Intent to consider changes was posted today, December 6, 2016. Staff will read out to
the Southern Arizona Home Builders Association and the Metropolitan Pima Alliance as we
regularly do with fee changes. We will come back to Council in February for possible adoption
on February 7, 2017 to be effective in March. Mayor Honea commented that this was a major
undertaking — to simplify the work and lower fees for an individual or a corporation
D2 Relating to 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 the other governmental bodies (Gilbert Davidson). No action necessary.
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which
will not be open to the public, to discuss certain platters.
El Executive Session pursuant to A.R.S. §35- 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.
E2 Executive Session pursuant to A.R.S. § 38-431.03 (A )(1) for discussion, consideration
and possible interviews of candidates for appointment to the Town of Marana'Utilities Board.
FUTURE AGENDA ITEMS
December E, 2016 Regular Council Meeting Minutes 6
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 at 7:57 p.m. b Vice M Post, second b Council
Member KaL Passed 5-0.
CERTIFICATION
I hereb certif that the fore are the true and correct minutes of the Marana Town Council
meetin held on December 6, 2016. 1 further certif that a q uorum was present.
ronson, Town Clerk
December 6, 2016 Re Council Meetin Minutes 7