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HomeMy WebLinkAbout09/19/2017 Regular Council Meeting Minutes MARANA A-Z ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 19, 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 MINTUES CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Deputy Town Clerk Hilary H. Hiser called the roll. Council Member McGorray was excused-, there was a quorum. of six council members, PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT CSP SILENCE. IJed by Mayor Honea. APPROVAL OF AGENDA. Vice.Mayor Post oioved to aj)prove the agenda, ivith a second by Council Member Kai. Passed d-o. CALL TCS rFHE PUBLIC. No speakers were present. PROCLAMATIONS P1 Proclaiming September 25 - October 1, 2017 Diaper Need .Awareness week (Jocelyn C. Bronson). The f till proclamation was read into the record by Deputy 'Town Clerk Hilary Hisera P2 Proclaiming September 1.7 -- September 23, 2017 Constitution week (Jocelyn C. Bronson) The full proclamation was read into the record by Deputy Town Clerk Hilary Kiser. Mayor Honea presented the proclamation to Debra Kielley of the Daughters of the American Revolution. Ms. Kielley briefly addressed the Council, thanking the Mayor and Council for September 19,2017 Regular Council Meeting Minutes 1 recognizing Constitution Week. She said this week is designed to encourage citizens to read and learn about the Constitution as it is a foundational document for our society. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. No reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. No report. PRESENTATIONS CONSENT AGENDA. Council Member Bowen moved to approve, with a second by Vice Mayor Post. Passed 6-0. CI Resolution No. 2017-088: Relating to Development; approving a preliminary plat for '!'win Peaks Oasis Lots 1-74, Block "I" and Common Areas "A", "Bl% 44C��, and "D" located- at the northeast corner of Twin Peaks Road and Oasis Road (Cynthia Ross) C2 Ordinance No. 2017.0 17 Relating to Development; revising Mar ana Standard Detail 720- 1 for pavement striping for turn lanes; and establishing an effective date (Keith Brann) Resolution No. 2017-089-. Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 201.7,017, revising Mar ana Standard Detail 720-1 for pavement striping for turn lanes (Keith Brann) C3 Approval of September 5, 2017 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES 1-41. Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor I.,icenses and Control regarding a special event liquor license application submitted by Mark A. each on behalf of Harley-Davidson for RideNow/CAG Charitable Foundation to be held on October 7, 2017 (Jocelyn C. Bronson), Presented by Deputy Town Clerk Hiser, who noted that there were no issues with the application. Staff recommended approval. Motion to approve by Council Member 1(ai, second by Council Member Bowen. Passed 6-0. L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Patrick R. Nilz on behalf of Marana Heritage Conservancy for the Cotton Festival to be held on October 21, 2017 (Jocelyn C, Bronson), Presented by Deputy Town Clerk Miser, who noted that there were no issues with the application. Staff recommended approval Motion to approve by Council Member Ziegler, second by Vice Maor Post. Passed 6-0. y BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A.1 Resolution No. 2017-090.: Relating to Development; adopting the 2017 land use assumptions, the 2017 streets facilities infrastructure improvements plan, the 2017 parks September 19,2017 Regular Council Meeting Minutes 2 infrastructure improvement pian, the 2017 water infrastructure improvement plan, and the 2017 sewer inft astructure improvement plan supporting development impact fees for streets, parks, water, and sewer (Keith Brann, John Kmiec). Keith Brann, Town Engineer, started the presentation by noting that this is the Council's third hearing of this item with previous presentations at a study session and a public hearing. Since that time, the Town has received various comments, most notably from the Southern Arizona Home Builders Association. (SAHBA) relating to the streets and parks fees. Mr. Brann indicated that SAHBA.'s primary questions related to why the Town used the 2.7 per capita EDU figure for population growth rather than the 2.45 figure. 1�e explained to the Council that the 2.7 figure is based off of the 2010 U.S. Census. Mr. Brann reported another question raised by SAHBA related to the level of service on the streets fee. �le clarified that the stipulation to maintain a "D" level of service or better is meant to keep those roads at a level of service consistent with projected growth. SAHBA asked about how the offsets for the construction sales tax were divided between the streets fee and parks fee. Mr. Brann stated that Town used approximately $525 last time and will use a figure very close to that this time, Also, he explained that some subdivisions don't pay a parks fee and some subdivisions don't pay a road fee. The rational for this difference is to ensure the Town tailors the parks and streets fee in. a balanced way. Finally, lir, Brann told the Council that: SAMBA also questioned the Town's method of calculating the construction sales tax credit as applied to streets and parks. SAHBA calculated an overall 94 percent construction sales tax generated from single family residences and therefore should be applied to residential developments completely. However, Mr. Brann stated in staffs opinion that method of calculation fails to account for impact of EDU level and relies only on a simple one residence calculation. Ile further explained that the sales tax. construction tax accounts for estimated revenue generated by an individual unit. Mr. Brann noted that the Town uses different construction tax credits for homes, apartment complexes, and commercial buildings which are based on the International Code Council (ICC) cost per square foot, a value updated twice a year. 1�e stated this is the same calculation method used by the Building department to determine the permit cost of residence. Mr. Brann reported the Town responded to SAHBA's concerns but as they were not material questions there were no changes made to the parks and streets lfp at this time. .1ohn Kmiec, water Director, transitioned to a review of SAHBA's two main concerns regarding the wet utility. The first concern. was related to the EDU counts used for water and sewer. Mr. Kmiec reported there was some confusion frons SAHBA as to why the water Department's numbers didn't equal the Town's projected 10-year growth. He reminded SAHBA that M.arana Water is only one of several water utilities within the Town, therefore the department's numbers will only equal a proportional percentage of projected growth not a total percentage of growth. The other item of concern from SAHBA related to the water resources and sewer improvement plan. for the Town's current facility. Mr. Kmiec clarified what fees current customers are charged in. regards to the funds allocation for the plant's expansion. He read the upgrade language from Section 8.2 in the sewer impact :fee and noted that the water resources portion is similar in the water resources fee language. Mr. Kmiec reported there is a $3.2M contribution from current customers to lower the debt servicing for the plant's expansion. September 19,2017 Regular Council Meeting Minutes 3 Vice Mayor Post asked why we charge a construction sales tax credit and then give credit for it. Mr. Brann responded that the state law for impact fees requires that if you collect revenues that are used for capital construction similar to what is in the improvement plan, you have to give a credit for those similar uses so that you are not double charging. The state requires that you give a portion of that credit above and beyond your retail sales tax. So there is a 4 percent construction sales tax and currently a (temporary) 2 1/2 percent sales tax, and, for the life of the impact fee program of 10 years, we are going to revert back to 2 percent sales tax. We have other revenues that are generated by growth that come into question from time to time such as HURF revenue, but HURF revenue is used only for maintenance, not for capital construction. Construction sales tax is used for capital projects, either for improvements or for equipment. Mr. Brann closed with a brief review of the schedule. Staff is gearing up to publish the draft fees and the fee reports this week or next, and we are looking to come back to Council in either late October or early November for the first public hearing of that round of the impact fee approval process. Motion to approve by Council Member Comerford, second by Council Member Bowen. 11assed 6-0. A2 Resolution No. 2017-091: Relating to Administration-, approving the transfer of up to $20,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2017-2018 budget to the General Fund outside agencies account to assist in funding the Regional Municipalities Veterans Treatment Court (Gilbert Davidson). Town Manager Gilbert Davidson noted that in 2012.2013 the Town entered into an agreement to participate in the Veterans Treatment Court which provides specialized treatment and services for veterans charged with misdemeanor offenses. At the time, there were no costs associated with the participation because the City of Tucson secured an outside grant for the specialty court's creation and operations. However, the funding situation has changed and the City of Tucson is asking participating jurisdictions to contribute funds for the continued operation of the court. Mr. I)avidson indicated that the original request was $75K and came to the Town just as staff concluded the previous budget process at the end of the fiscal year. He explained that this is a program the Town can support and the Town had indicated it would try to work with the court to support the operations with a number that fit into budget capacity. Mr. Davidson noted that after reviewing the historic number of cases the Town has deferred to the veterans court, there have been 26 or 27 referrals to the specialty court since 2013. Staff also compared the Town's overall population to the Pima County's overall I million and concluded that a contribution of$20k was an appropriate amount to contribute. Mr. Davidson said of course, the Council can increase or decrease the suggested amount. Council Member Kai noted what he has heard other jurisdictions are committing, and he would like to look at the possibility of revising the amount each year depending on the benchmarks so that our commitment equals that of Oro Valley in four years. Mayor lJonea noted that he has talked to Mayor Rothschild on this subject many times, While the Mayor is a veteran and is supportive of veteran services, he believes that the original $75K was disproportional to the number of people we send to the court, and the figure presented tonight was developed to meet the actual number. Council Member Kai agreed that $75K was too much to begin with, but September 19,2017 Regular Council Meeting Minutes 4 looking to pay it over time with the commitment to meet certain. benchmarks may be more realistic. Council Member Comerford noted that she has been actively involved with the homeless veteran. programs, and the veterans she works with won't go to that court. They don't like it or use it and thins{ it's a huge waste of funds. They go to civil court instead. So it's with her current experience with a certain population, that she believes $20K is very gracious for a program that's not: working for them. Council Member Bowen asked for clarification from Council Member Kai that we give $20K but that we review it every year of raising it or continuing it. Council Member Kai noted that it was to continue it. Council Member Bowen then asked Mr. Davidson if the City of Tucson was eligible to receive grant money, would Marana be eligible to receive grant money to fund our portion. Mr. Davidson noted that Tucson established a whole program. The key for the grant funding was that the presiding .judge that took this on as an initiative worked with some social service agencies and support groups throughout the Tucson area and developed some key alliances to help get veterans into different programs. our challenge would be that we don't have that network yet. ��e doesn't know where the funding was coming from or why that changed, but that's why all the jurisdictions are beim; asked. He believes at some point that if the "ask" gets too high, we could probably fund internally programs that would help our local. veterans without having to contribute to another entity, Council Meomber I(ai moved to set up a fundfior $20,000 fir the Veterans Treatment Court and risk staff to brill} it to Council for the neat three years with benchmarks so we cola make a decision on continuing the program. Second by Tice Mayor Post. Motion passed 5--1 with Councilejniber Comerford voting nay. A3 Resolution No. 2017-092: Relating to Municipal Court; reappointing Laine Sklar. as Marana Town Magistrate for a two-year term beginning October 1, 2017; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Laine Sklar (Gilbert Davidson). lir. Davidson noted that unless any council member has specific questions related to the renewal of Judge Sklar's contract, he is recommending approval. The court has been operating very well, and some of the council members had a chance to meet individually with the Judge and to get some feedback on some of the changes that have been ,lade. .lotion to approve the resolution as presented by Council Member Conierforrl, second by Council Mtomber Bowen. Passed 6-0. ITEMS FOIZ DISCUSSION/POSSIBLE ACTION 1)1 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) 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. September 19,2017 Regular Council Meeting Minutes 5 E I 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 Attonicy 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). MMOURNMENT. Motion to adjourn at 7:23 p.tn. hP Vice Mayor Post, second by Council lklemhev- Coni(!�Pn-(t P(issed 6-0. CERTIFICA'FION I hereby certify that the -foregoing are the true and correct minutes of the Marana Town Council viicctiiig field on September 19, 2017. 1 further certify that a quorum was present. L Hilary H. Oliser, 6eputy Town Clerk MARANA AZ .Septernber 19.,2017 Regular Council Meeting Minutes 6