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HomeMy WebLinkAbout05/16/2017 Regular Council Meeting Minutes ARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11.555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 16, 2017, 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 noted that Council Member Comerford was participating telephonically, and then called roll. Council Member Kai was excused; there was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 6-0. CALL TO THE PUBLIC. No speaker cards were presented. PROCLAMATIONS P1 Proclaiming May 21 - 27, 2017 as National Public Works Week (Jocelyn C. Bronson). Ms. Bronson noted that the proclamation would not be read, but would be incorporated into the permanent record. P2 Proclaiming May 17, 2017 as Ride of Silence Day (Jocelyn C. Bronson). Ms. Bronson noted that Mr. Varney had requested the proclamation to honor those who have been injured or May 16,2017 Regular Council Meeting Minutes 1 killed in bicycling accidents. The proclamation was not read but will be part of the permanent record. MAYOR ANIS COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS, Council Member McGorray announced that she has a new grandbaby — fourth generation. Mayor Honea reported on his trip to the League of Cities and noted that the Legislature has adjourned sine die. The Governor signed the town's bill, HB 2406. The TPT bill did not make it to the Governor's desk this session. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson asked John Kmiec to report on recent awards given at the recent Arizona Water Association conference in Phoenix. Mike Osborne was acknowledged for his work by receiving award for Water Operator of the Year — wastewater Treatment Plant: Small System. The town also received the award for Water Distribution System of the Year: Small System. PRESENTATIONS CONSENT AGENDA, Motion to approve by Vice Mayor Post, second by Council Member Bowen. Passed unanimously 6-0 C1 ordinance No. 2017.012: Relating to Development; approving the final plat of Gladden Farms Block 7 & 13 Lots 1 - 76, Block A & Common Areas "A-1" - 11A--91, "13-111 - "B-4 approving an exchange of the real property dedicated by the final plat in exchange for any right, title and interest the Town may have in the subdivision plat it replaces; and authorizing the Town Engineer to sign a quit claire deed to be recorded in the Pima County Recorder's office immediately prior to the recording of the final plat (Steven Vasquez) C2 Resolution No. 2017-040: Relating to Development; approving the final plat for Villagio Lot 1 Resubdivision -- Lots 1 & 4, a resubdivision of Lot 1 of the Villagio Final Plat, generally located on the northwest corner of Tangerine Road and Thornydale Road (Cynthia Ross) C3 Resolution No. 2017-041: Relating to Parks and Recreation; approving and authorizing the Parks and Recreation Director to execute a Facility Usage Agreement between the Town of Marana and Leman Academy of Excellence, Inc. (Cynthia Nemeth-Briehn) C4 Resolution No. 2017-042: Relating to the Police Department; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pima County regarding the operation of emergency vehicle preemption (EVP) equipment at Pima County-maintained traffic signals (Jane Fairall) C5 Resolution No. 2017-043: Relating to Development; accepting for maintenance certain public sewer improvements serving the Chevron Marana Fuel Station at the southeast corner of Sandario Road and Marana Road (Keith Brann) C6 Approval of April 25, 2017 Study Session Meeting Minutes (Jocelyn C. Bronson) May 16,2017 Regular Council Meeting Minutes 2 C7 Resolution No. 2017-044: Relating to Utilities; approving and authorizing the Mayor to sign Amendment No. 1 to the.Agreement for Tucson Area Reliability (John Kmiec) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING. Ordinance No. 2017.013: Relating to Development; approving a rezoning of approximately 103.2 acres of land located at the west terminus of Pima Farms Road, west of the Scenic Drive alignment, from RR (Resort and Recreation) to F (Specific Plan) for the purpose of establishing the Lazy K Bar Ranch Specific Plan; approving a minor amendment to the General Plan; and approving and authorizing the Mayor to sign the Lazy K Bar Ranch Development Agreement (Brian D. Varney). 4. Mr. Varney gave a general overview of the property and presented staffs recommendation for approval before introducing the consultant to the applicant, Linda Morales. Ms. Morales, principal with The Planning Center and representing the applicant. She provided an overview of the current plan as well as iterations of previous plans brought to the Planning Commission and the Council. All agreements that were in place last time are still in place. Additionally, an extension of the water line to the neighbors to the north. Mayor Honea opened the public hearing. Those speaking in support of the rezoning were Bill Baffert, Ryan Johnson, Braxton Cooley, Kelly Abbott, Jeff Colson, Christina McVie— support with conditions as noted in the letter from the Coalition for Sonoran Desert Protection, Bruce Romano, Pat Lopez--support with conditions as noted in the letter from the Coalition for Sonoran Desert Protection, Fred Barnett, Richard Neter, and Stephen Grimm. Those speaking in opposition to the development were David A. Lutz, Craig Rosson, Kathleen Wahl, Barbara Rosson, Andrew Steffek, Tom Evitts, Greg Mitchell, Kate Breakey, Charles Kelly, Barbara Rose, Hardy Smith, Marilyn Newberry, Geraldene Larrington, Craig LeCroy, Joan Smith, Anne Loftfield, Curt Larson, Ken Scoville, Joyce Obiol, Carl Larson, Scott Stonum, Vincent Iacono, Dan Massey, Katie Meehan, Melanie Walters, Louise Argall Olm, Niall Murphy, Kevin Kading, Walter Whately, Sue Ann Christenson, Kerry Milligan,Jackie Day,Jesse Stanley, Soren Welsh, Steve Swidler,Judith Meyer,Justin Schmidt, and Li Schmidt. Mayor Honea closed the public hearing to hear from Council. Mayor Honea noted that there were some things he was interested in that aren't in the agreement such as the water well. Ms. Morales confirmed that the well will not be used for the project. The project will be hooked up to the town's water system which is the well down on wade Road. He also addressed a potable water source for the hiking trail. He wanted both trails—on the north side and the south side. Next, he stated that the developer had agreed to put a 400-foot extension of the water line from the Lazy K property to Scenic Drive in the town's right of way whether anyone hooks up to it or not. Again, Ms. Morales confirmed that that was correct. He also wants no back-to-back lots so May 16,2017 Regular Council Meeting Minutes 3 that animals can move through the property. He also referred to a list of lot sizes submitted by the applicant. Applicant submitted a list of lot sizes, and he is very interested in the larger lot sizes. He is also in favor Scenic Drive opening up. He hiked up Moonfire Road which is a nice wide road, but there are a lot of kids playing. We can slow down the traffic on Scenic with traffic calming measures, and if there is a larger problem, our police officers will be out there. Scenic Drive would also have a parallel to it for bicyclists, hikers and walkers so that they wouldn't have to be on the road. Landscape would be xeriscape to blend in with the natural desert environment. Vice Mayor Post asked about the Coalition's covenant. Ms. Morales noted that the summarizations that Mr. Lopez and Ms. McVie gave were accurate. At the Planning Commission meeting last month, we agreed in concept to a covenant that would be held by a third party that would protect that open space. All along the developer has said that the open space will be protected with multiple layers. One is the Plan as presented when they come back with a subdivision plat, and two is the plat itself. We plan to plate the entire property including the 150 foot buffer around it. Any deviation would require them to come back and redo the plat as well as the zoning. The third level of protection is the CCR's prohibiting encroachment into the natural areas. Mr. Lopez and the people he represents indicated that they felt there needed to be another layer of protection. The developer has no desire to come in and disturb that at any time. It has never been in the plans to do anything with that Iso foot buffer, so the developer is fine with the extra layer; however, it is in conflict with the trail. where staff has asked the developer to put the trail in and connect to white Stallion, they have tried to remain neutral. The Coalition has said they don't want the trail. In order to have staff support, the developer put the trail in. So now the developer is in the awkward position of wanting to have the trail, wanting to have the Coalition's support as well as Mr. Lopez' support, so at some point she will have to put it back on the Council to say which way to go. The developer will be fully in support of their decision. Vice Mayor Post stated that he tended to agree with having a trail over the mountain to the white Stallion, but in the developer's plan, you said you would plat the buffer and open space which allows it to come back at some future date. Ms. Morales stated that there is always the possibility of coming back to rezone the property, but she doesn't believe it's realistic to expect that 178 property owners would agree to compromise the open space which would be owned by the homeowners' association. In response to Vice Mayor Post's question about the homeowners' association constituting a third party, Ms. Morales acknowledged that the association has a board and would have management oversight and control over the open space, but the close ties to the developer could be called into question. Council Member Comerford believes this iteration is four times the original rooftops, which does not make this a minor amendment. She is disappointed with the staff report. She continued with her concerns and stated she will be voting no. In response to comments from Mr. Lopez about the open space covenant as presented in the Coalition's letter, Council Member Bowen stated that he didn't have a problem with the covenant. He likes the Plan, will vote for it. Speaking on behalf of 178 people who will love living here and who aren't represented tonight, he believes the Plan is not the wasting of a jewel, but the development of one. Council Member McGorray expressed her opposition to the Plan, noting that she doesn't like the entryway and doesn't want to see the development. She would not be voting for it. Council Member Ziegler stated that she voted for the project the last time and intends to vote for it this time. She thanked The Planning Center for making a plan she would be proud to have in the town. She was also glad they took the Coalition's recommendations to make that open space as big as they could. May 16,2017 Regular Council Meeting Minutes 4 Council Member Bowen moved to approve ordinance No. 2017.013 as presented by staff, and then asked Mr. Cassidy if he could add the covenants as part of the motion. Mr. Cassidy responded affirmatively and stated there are a lot of different options, and he has some suggested language if Council wants to discuss that. Council Member Bowen continued with the motion and they could decide how to proceed after that. Motion seconded by.Mayor Honea. Mayor Honea asked Ms. Bronson to poll the Council. Aye: Mayor Honea, Vice Mayor Post, Council Member Bowen and Council Member Ziegler. Nay: Council Member Comerford and Council Member McGorray. Passed 4-2. After the vote, Council Member Ziegler stated she was not in favor of the covenant but she wouldn't let it stop her, and discussion ensued. Mr. Cassidy then clarified that the motion was approved but it did not include the covenant and asked Council Member Bowen if he wanted to add the covenant. Council Member Bowen stated that he would like to add to the motion a covenant as presented by Mr. Lopez and the Coalition for Sonoran Desert Preservation an additional condition, second by Vice Mayor Post. Mr. Cassidy stated that the way you would put it into the documentation would be to add a condition#18 that says "The Property owners shall enter into an open space covenant with a third party conservation entity in substantially the form presented by attorney Pat Lopez at the Council's public hearing on this item, to ensure that the open space areas approved within future development of the Larger Parcel remain as open space in perpetuity." Mr. Cassidy continued, reminding Council that the Coalition had the 300- foot provision that would require an amendment to the development agreement. If Council wants to carry that forward, the covenant would be in conflict with Section 23 of the development agreement as written, so to make it consistent you would need to add the words "no closer than 300 feet east of the west property boundary to Section 23." So that would make it exactly consistent with what the Coalition has asked for. Vice Mayor Post stated that in response to Council Member Ziegler's concern about the addition of the covenant, over the years the Council has depended on the Coalition to negotiate for the Council on habitat before proceeding with any plans, so when they say they would like to see this on this piece of property, he would tend to agree with their purpose. Council Member Ziegler asked Mr. Cassidy if the town had ever done this on a piece of property. Mr. Cassidy responded that he didn't think that the town has, but it is very common throughout the state to have a separately enforceable covenant. Tucson had a very controversial rezoning years ago where the home builder came in and tried to overturn it, and the City Council agreed to overturn it, and the neighbors only protected that rezoning through a covenant which was upheld by the court. Vice Mayor Post indicated that there will be more opportunity to need to work with the Coalition given the bill that was just passed and the need for people to find third party groups that can take open space. Mayor Honea asked if after the citizens take control of the HOA, does the covenant stay there forever. Mr. Cassidy responded that as Mr. Lopez has written it, it would be a permanent document. Mayor Honea asked for a vote. The Mayor announced that the motion passed on a voice vote. He is in opposition because he thinks the HOA could handle it and he doesn't like getting a bunch of people involved. Mr. Cassidy continued by addressing the mayor, saying that there were a couple of other things that were discussed that aren't actually part of the documents yet, but Council had asked the applicants about, so Mr. Cassidy asked for clarification on some of the documents. one is about the water system. He thinks if you are going to make the well and the water line part of the ordinance, he recommends that you adopt the language which is in addition to draft paragraph 4 of Section 4 which says: As represented and offered by the property owners during the May 16,2017 Regular Council Meeting Minutes 5 Council's public hearing on this rezoning: (a) the Water Infrastructure Phasing Plan shall include extension of the potable water main within the 400 feet north of the north boundary of the larger parcel; and (b) if requested by the Water Director they would have to dedicate the well. This also requires a slight change to the development agreement because the development agreement is partially a modification of a 2001 agreement, and under the 2001 agreement, they weren't going to give us that equipment, so he would add a section(c) that says the owner waives any claim to just compensation. Mr. Cassidy also mentioned that section (b) under paragraph 24 of the development agreement does actually say that during construction the developer would be permitted to use the well. So if you wanted to modify that and say no, they can't—of course you would have to consult with the property owner because that's their well, but that would be something to consider as well. Mayor Honea stated that they wouldn't be able to provide potable water to any of the housing once they get Marana water in there. The only thing the well would be used for is dust control or something like that. Vice Mayor Post asked how they could use it as construction water. Mr. Cassidy said they would have to dedicate it to us by the final, but under the agreement, the way it reads is no matter what the ownership circumstance is, they are authorized under the documents to use the well. In paragraph 24 it says "the owner may continue to use the existing wells on the owner's land referred to in section 6 of the 2001 PADA for construction and irrigation water until completion of the development of the owner's land." So that's notwithstanding who would own it. Council Member Comerford asked if this was conflicting (garbled) to which Mr. Cassidy responded that it's not really. If the water Director wants ownership, they would still have the right under this document to receive the water for construction purposes if we left this language in. So you could strike (b) and replace it with the (c) that Mr. Cassidy read to Council before by saying that they'll just dedicate it, but he thinks that you would want to consultant with the property owners. I don't know what the plans are in terms of construction water. I would assume they would go ahead and hook up the water early. Greg Wexler addressed Council stating that they would need water for the plant material when they irrigate it and initially some dust control. They will work with the neighbors to make sure they won't impact them., and as soon as we get the Marana Water, then we'll give the town the well or they can have it before then. They just need the well initially to get started. You have to move all the plants and set up a temporary nursery. Council Member Comerford asked for clarification on the discussion and the vote. Mr. Cassidy responded that the discussion is about additional conditions on the original vote. Before the first vote was made, Council Member Bowen asked if they could vote on individual conditions after the main vote on whether to approve the rezoning. So in answer to that he is suggesting on the subject of paragraph (b) that we change (b) to say "Section (c) of the 2001 PADA for transplanting native materials and dust control until completion of the development of the owner's land." Council Member Comerford asked if that wasn't all covered in the original vote. Vice Mayor Post asked to tighten the language to get closer to what Mr. Wexler said. Ms. Morales suggested adding "until the water lines are connected to Marana water", but according to Mr. Cassidy that sort of motivates the owner not to connect because they have plenty of water. Mayor Honea confirmed for Council Member Comerford that the Council voted on the primary item, but there were additional things they were going to act on separately like getting the well site and how much water they could actually use from their well. Council Member Bowen asked if they could say that nothing can be started until Marana water lays pipe. Mr. Cassidy agreed that that would be the easiest thing. That would be by deleting (b) but the problem is that requires them to invest in connecting the water line before (garbled—overspeak). The other thing is what happens if there is a dust control issue during transplanting. That means they can't plant or they have to bring a water truck. So yes, you can replace (b) with this language. Council Member Bowen said to make that a May 16,2017 Regular Council Meeting Minutes 6 motion, seconded by Mayor Honea. Mayor Honea announced that the motion passed on a voice vote. Mr. Cassidy said that since we changed the development agreement, Section 3 of the ordinance needs to be revised slightly by adding language that says "as modified pursuant to Council action during the public hearing on this item.".Motion to approve by Council Member Bowen, second by Council Member Ziegler. Mayor Honea announced that the motion passed on a voice vote. Council Member Comerford excused herself at 9:50 p.m. Mr. Cassidy said there was also an item regarding the parking on Scenic Drive. The language for the parking on Scenic Drive was based on the old plan where there was a path along the north, and that hasn't been modified, but the old language said"for 150 linear feet south of the north boundary Scenic Drive would be widened so that you get parking along Scenic Drive." There was a speaker tonight who lives across the street who suggested that there not be any parking along Scenic Drive. If you wanted to go with that, you would delete paragraph 6 of Exhibit D to the development agreement, but the other option would be to go ahead and leave 6 but move the location of that parking to conform to the fact that the trail is now on the south end. And you could say that the 150-foot widening for parking would be south of the Pima Farms Road entrance. Mayor Honea said there is parking on Scenic Drive on the north end now at the roundabout. Mr. Cassidy that was correct, but under the development agreement, the roundabout is being abandoned back to the property owner. Ms. Morales stated that the concept plan pegged five spaces coming off of Scenic, which is what she talked about with staff. There was some discussion originally about putting it as part of the entry where the gate would go and then realized there would be some traffic conflict. But the property owner is amenable to wherever the Council feels is an appropriate location. A little further down Scenic is another little pull-out that people use to park off-site, and a lot of people park at the lot at Sanctuary Cove. So since there are a lot of parking opportunities,that's kind of why staff landed on five or six spaces in the vicinity. Mr. Cassidy stated that if you do that, he suggests deleting paragraph 6 of Exhibit D that he showed Council. Ms. Morales also noted that it's in the specific plan as a requirement so it wouldn't go away; it wouldn't have to go in the development agreement. Motion to delete paragraph 6 of Exhibit D to the development agreement by Vice.Mayor Post, second by Council Member Bowen. The.Mayor announced that the motion passed by a voice vote. Mr. Cassidy noted that the last item for consideration is not in the documents and concerns the back-to-back lots and the size of the lots. If Council wanted to make that part of the ordinance, you would need to revise Section 4, the conditions of the rezoning in paragraph 2 which talks about the preliminary development plan that is presented. To add the prohibition on back-to-back lots, Mr. Cassidy suggests that Council add (a) no back-to"back lots are permitted (that is, the rear property lines of lots shall not touch) and then the lots shall be a minimum of 6,000 square feet and lot sizes shall conform to a table he prepared based on a document that was shown to some of the Council during the process about what size the lots would be. They would have to do at least the minimums but they can do larger under Mr. Cassidy's language. And then (b) carries forward the representation about the number of lots of certain sizes. They can have more larger lots under this language, but they can't have more smaller lots. Motion to accept Mr. Cassidy-s language by.Mayor Honea, second by Vice Mayor Post. Mayor Honea announced that the motion passed by a voice vote. Note: The language provided to Council by Mr. Cassidy regarding the various supplemental motions is attached to these minutes and incorporated herein. May 16,2017 Regular Council Meeting Minutes 7 Council Member McGorray excused herself at 9:56 p.m. Mayor Honea called a 10-minute recess. The meeting resumed at 10:10 p.m. A2 Resolution No. 2017-045; Resolution of the Mayor and Common Council of the Town of Marana, Arizona, (1) providing for the sale and issuance of Town of Marana, Arizona Tangerine Farms Road Improvement District Improvement Refunding Bonds and an applicable payment amount of supplemental interest certificates with respect thereto; (2) prescribing certain terms and conditions of the bonds, the certificates and bonds to be refunded with the proceeds of the sale thereof including the delegation to the manager of the Town of Marana, Arizona, of the authority to designate the final principal and payment amounts, maturity and payment dates, interest'rate and yield and other matters with respect to the bonds and the certificates; (3) making certain findings, certifications and covenants with respect to the bonds; (4) delegating to such manager the authority to accept a proposal for the placement of the bonds and the certificates, approving a placement agent agreement with respect to such proposal and authorizing the Mayor or Vice Mayor of the Town to execute and deliver such agreement; (5) ratifying all actions taken to further this resolution and authorizing the taping of all other actions necessary to the consummation of the transactions contemplated by this resolution and (6) declaring an emergency (Erik Montague). Presented by Erik Montague, noting that staff gave a detailed presentation to Council at a previous meeting and noted that this item would come back to Council for authorization to move forward with the refunding and delegate all tasks necessary to complete the transaction. Motion to approve by Vice Mayor Post, second by Council Member Ziegler,passed unanimously 4-0. A3 Resolution No. 20177046: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4 - Employment Benefits and Leaves, Chapter 5 - work Rules and Employee Discipline, and Chapter 8 - Termination of Employment (Curry C. Hale & Libby Shelton). Presented by Libby Shelton, who noted that Curry Hale presented the paid leave benefit policy to Council in January. There were no further questions from Council. Motion to approve by mice Mayor Post, second by Council Member Bowen. Passed unanimously 4-0, A4 Resolution No. GFCFD 2017-01: [Marana Town Council acting as the Gladden Farms Community Facilities District Board of Directors]: A Resolution of the District Board of Gladden Farms Community Facilities District, a Community Facilities District of Arizona, approving a tentative budget for fiscal year 2017-2018 pursuant to ARS §48-716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law (Erik Montague). Presented by Mr. Montague, who noted that the budget before Council establishes the overall expenditure limit in the amount of$2,049,643. Should this item be approved, district staff will file all of the required public notices for this item. May 16,2017 Regular Council Meeting Minutes 8 to come back to Council for consideration of the final adoption on June 20, 2017. This budget will continue the maintenance levy as well as the $2.54 levy required for debt service. Motion to approve by Board Member Bowen, second by Vice Chair Post. Passed unanimously 4-0. A5 Resolution No. GFCFD2 2017-01: [Marana Town Council acting as the Gladden Farms (Phase II) Community Facilities District Board of Directors]: A Resolution of the District Board of Gladden Farms (Phase II) Community Facilities District, a Community Facilities District of Arizona, approving a tentative budget for fiscal year 2017-2018 pursuant to ARS §48-716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law (Erik Montague). Presented by Erik Montague, who noted that if the item is approved, it would establish an expenditure limit for the district of$213. The district is undeveloped at this point and will continue that way for most of the remainder of the fiscal year, so the budget only anticipates the levy of the operations and maintenance of the district. Should this item. be approved, district staff will file all of the required public notices for this item to come back to Council for consideration of the final adoption on June 20, 2017. .Motion to approve by Board.Member Bowen, second by Vice Ot air Post. Passed unanimously 4-0. A6 Resolution No. SSCFD 2017-01: [Marana Town Council acting as the Saguaro Springs Community Facilities District Board of Directors]: A Resolution of the District Board of Saguaro Springs Community Facilities District, a Community Facilities District of Arizona, approving a tentative budget for fiscal year 2017-2018 pursuant to ARS §48-716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law (Erik Montague). Presented by Erik Montague, who noted that if approved, would establish an expenditure limitation for the district of $4,892,000 to provide for adequate budget capacity to acquire eligible infrastructure. District staff will file all of the required public notices for this item to come back to Council for consideration of the final adoption on June 20, 2017. Motion to approve by .Board Member Bowen, second by Board Member Ziegler. Passed unanimously 4-0. May 16,2017 Regular Council Meeting Minutes 9 A7 Resolution No. VFCFD 2017-01: [Marana Town Council acting as the Vanderbilt Farms Community Facilities District Board of. Directors]: A Resolution of the District Board of Vanderbilt Farms Community Facilities District, a Community Facilities District of Arizona, approving a tentative budget for fiscal year 20172018 pursuant to A.R.S. §45-716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law (Erik Montague). Presented by Erik Montague, who noted that the district is anticipating only the maintenance and operations levy. No significant issuance of debt is expected. Should this item be approved tonight, staff will file all of the required public notices for this item to come back to council for consideration of the final adoption on June 20, 2017. Motion to approve by Board Member.Ziegler, second by Board.Member Bowen. Passed unanimously 4-0. A8 PUBLIC HEARING-: Resolution No. 2017-047: Relating to Budget; adopting the fiscal year 20172018 tentative budget (Erik Montague). Presented by Erik Montague, noting that this is a continuation of the process started in January. The budget is substantially the same budget staff presented in April as the Manager's Recommended Budget. It incorporates the addition of some key personnel, maintains investments in various forms of significant infrastructure, and brings forward a balanced budget which we have maintained for a number of years and will continue to do so in the future. Should the item be approved, it will establish the overall expenditure limit for the town. Reduction or reallocation of the budget between now and final approval can occur, but we cannot increase the amount of the budget if approved. Included in the packets as required is the budget on the Auditor General's forms. Mayor Honea opened and closed the public hearing as there were no speakers. Mr. Montague noted that 61% of the budget is capital improvement projects. Motion to approve by Vice Mayor Post, second by Council Member Bowen. Passed unanimously 4-0. ITEMS FOR DISCUSSIONIPOSSIBLE ACTION DI Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local leg islationlgovernment actions and on recent and upcoming meetings of the other governmental bodies (Gilbert Davidson) 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 matters. May 16,2017 Regular Council Meeting Minutes 10 El 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 10:21 p.m. by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 4-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 16, 2017. 1 further certify that a quorum was present. celyn 5 Bronson, Town Clerk MARANA AZ F.S TA B 1,1 1;14 E[) I�7 May 16,2017 Regular Council Meeting Minutes 17 [Revision to paragraph 6 of Exhibit 1) to the draft Daly K Bar Development Agrcementl rrzti th "f dae nor-t� LY %A IL LA I%- nr�rt z� - _ %-,.lth C:d 20 root in 06 JL 4 50 i n � i t 1 1 r� �r r n r�rtir.m t_1 c a k - fttEtwo psl6lir- tun i-JCL 10%Ellp • ArY r+trY77[M l tLY1 -1'ti1[� r74+�1rL� LI L IL LA L 4 00052,116 i.[)OC:`X/I [revision to Section 4 of draft ordinance 2017.013 (all new language)] 18. The Property owners shall enter into an open space covenant with a third party conservation entity in substantially the form presented by attorney Pat Lopez at the Council's public hearing on this item, to ensure that the open space areas approved within future development of the Larger Parcel remain as open space in perpetuity. [revision to Paragraph 23 4 of draft Lazy K Bar Development Agreement] 23. Public trail dt,)d cation. The owner shall grant to the Town a permanent public trail easement in the designated open space in close proximity to the south boundary of the Owner's Land, extending from the east property boundary to no closer than 300 Leet east._of the west property boundary of the owner's Land. The easement shall be the minimum width necessary for the Town to construct and maintain a sustainable public trail, as reasonably determined by the. Town of Marana Parks and Recreation Department, but in any event not wider than 30 feet (except by the owner's consent). To the greatest extent reasonably possible, the grade and layout of the trail shall be designed so that water generally runs across the tread rather than down the tread. Based on direction and feedback provided by the Town of Marana Parks and Recreation Department, the owner shall identify and reserve the easement on the subdivision plat for the Development. The owner shall grant the trail easement to the Town after the Town constructs the trail and the constructed trail alignment is legally described to the Parties' satisfaction based on survey or Global Positioning System. equipment. 00052465,])ocx/I Revision to Section 4 of draft Ordinance 2017.0131 4. A water infrastructure and phasing plan(Will)must be submitted by the Property Owners and accepted by Marana Watcr Department(the "water provider") prior to approval of any preliminary plat or development plan for any portion of the Rezoning Area.The Will, shall identify all on-site and off-site water facilities needed to serve the proposed development.The W113 shall include all information required by the water provider, such as(but not limited to) analysis of water use and fire flow requirements,and well source, reservoir,and booster station infrastructure needed to serve the proposed development. If the water provider requires a water service agreement as a condition of service to the proposed development., the Property Owners MU.St WIWI* into a water service agreement with the water provider consistent with the accepted WIP. As represgitc(I ,m(l oft'cw(l by the Property Owners during the C0111161LSAMbliC hearing on this RezoningL. the W111 shrill include extension of.the..potable water main within the Scenic Drivc4 Formatted ----------- right-o to a point at least 400 tact north ol'the tiorth houndary of the Larger Parcel- and 3 b. i r req ti ested by t lic W a tc r I)i rector no later than the(late app ov,,.i I of a mitative mit-&-A.11Y portion of,the Re Area,the Proagrty 0\yi,iers-shall dedicate the LX�,s C1 ti g 111d well site_ uintially tha, e 6enced-in w.zi ._surrounding the e�Clstltl&we 1)to the water P1,0V I der at lio-cost no later than the date cal`recording q El fill 1-1)kI t 16r sixty_port i 11 ()F the R c/o n i i i L,) A wzi. prevision to paragraph 24 ("Effect on the 2001 PADA") of the draft Lazy K Bar Developtitent Agree-nientl c 'I'lic Owner waives an claim to i U, nipensation Cor the Town's ac( 0 1�4 I - St CO —111isition Formatted:Indent:Left 0.5",f=irst fine: (lic 1,K11 water system. 0.25" 00052433.[)OCX/I [Revision to Section 3 of draft ordinance 2017.0131 Section 3. The Lazy K Bar Ranch Development Agreement is hereby approved in the form provided in the agenda materials associated with this Council agenda item ._��;� :.(ied , to Coull.c I (Itwi n its c. licari. tli.is.....t....em... .... and the Mayor is hereby authorized and directed to sign it for and on behalf of the 'town of Marana. 00052429.1)OCx 11 Revision to Section 4 of draft Ordinance 2017.0131 2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in general conformance with the Land Use Concept Plan presented to and approwd by 0 the"Gown Council as part of this Rezoning, ijlClUding the fiollowhig�..- ----------------------- a. No back-to-back lots are oermitted (that is. (lie rear property lines of lots shall not-4 Formatted touch) -17. Lots shall be a rninipium of 6,000 square feet and lot silos shall conform to the IbIlowing.minimuni refpAll-C111clits: ,1,0,1,SIZE' 'Furm" uIN11wil PERCEN' Formatted:Font:11 pt,Bold,Small caps ,,O,QQQ to.6,999 s Formatted:Font:11 pt,Bold,Small caps quare.fiect Not more than 78 Not jilore than+11Y --------------------------- 9.000 square feet and laraer % Formatted:Font:11 pt At least 80 At jgast,15% Formatted:Font:11 pt,Bold,Small caps f'\V11 i C 11 t 11we 10 000 sq uare ficet and la At least 25 At least 2 1% shall be - Formatted:Font:11 pt. ;ol'which these J 1,000 square fiect an(I larger Shall hC At least 13 At least,70 Formatted Table Formatted:font: 11 pt Forrnatted:f=ont: 11 pt ..'(Formatteds.Font:11 pt Formatted:Font:11 pt 00052463.1)OCX If