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HomeMy WebLinkAbout01/16/2018 Regular Council Meeting Minutes MARANA AZ ESTABLISHED 19 7 7 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 1 .555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 16, 2018, 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 7:00 p.m. Town Clerk Bronson called roll. Council Member Kai participated telephonically. Council Members Comerford and McGorray were 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 5-0. CALL TO THE PUBLIC, No speaker cards related to items of general interest were presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. No reports. January 16,2018 Regular Council Meeting Minutes MANAGER'S REPORT,., SUMMARY OF CURRENT EVENTS. Mr. Mehta introduced Jason Angell, the new director of Development Services who joined the town on January 8, 2018. He noted that the Planning department and the Building department have been consolidated as Development Services. PRESENTATIONS CONSENT AGENDA. Motion to approve by Vice Mayor Post, second by Council Member Ziegler,, Passed 5-0. C1 Resolution No. 2018-001: Relating to Development; approving a preliminary plat for Saguaro Bloom Block 2 Lots 1-170, Amenity Building Site, Common. Area A and Common Area B located at approximately the northwest corner of Twin Peaks Road and Saguaro Highlands Drive (Steven E. Vasquez) C2 Resolution No. 2018-002: Relating to Development; approving the Final Plat for Flanchetto Farms, a Re-plat of Lots 83 and 84 and Common Area "C" located north of Moore Road and east of Sanders Road (Brian D. Varney) C3 Resolution No. 2018-003: Relating to Municipal Court; approving the reappointment of Kenneth Bowman, Michael Aaron, Maria Davila, Alfred McDonald, and Ronald Newman as magistrates pro tempore for the Marana Municipal Court (Laine Sklar) C4 Approval of Regular Council Meeting Minutes from, December 19, 2017 and approval of Study Session Meeting Minutes from January 9, 2018 (Jocelyn C. Bronson) LIQUOR LICENSES Ll Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Jonas Wes Hunter on behalf of Southern Arizona Arts and Cultural Alliance for Sweet Charity to be held on January 30, 2018. Ms. Bronson noted that staff reviewed the application and is recommending approval. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed 5-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2018.001: Relating to Development; approving an amendment to the Saguaro Springs Specific Plan including removing the age restriction requirement in Blocks 1A and 1B, replacing the community center in. Block 1A with enhanced recreational facilities and a name change of the plan to Saguaro Bloom Specific Plan (Cynthia Ross). Mayor Honea opened the public hearing. .January 16,2018 Regular Council Meeting Minutes 2 Presented by his. Ross and. then Linda Morales from The Planning Center. Ms. Morales is representing D.R. Horton. Ms. Ross noted that Block 1 is generally located near the southeast corner of Airline Road and Lambert Lane in the northeast corner of the Saguaro Springs specif is plan. The applicant is requesting removal of the age restriction on Blocks 1A and 1B which were originally contemplated as an age-restricted community to include duplex and triplex homes with 700 units. DR Horton proposes to build 389 single family residential units with a RAC of 4.32. The applicant is also requesting replacement of the community center in Block 1A with enhanced recreational facilities to better serve an all ages type of community. She also described minor changes. In place of a community center, the applicant would develop a large park which would include many of the amenities planned for the age-restricted community. This larger part is in addition to two other smaller parks, all connected by a neighborhood trail. An additional trail will be built to the north, adjacent to Lambert Lane to provide pedestrian connectivity to the planned community center in Block 2A with a landscaped buffer between the trail on Lambert Lane and the road. In addition, 22 lots on and near Lambert Lane will be restricted to single story homes. Staff has been contacted by neighbors north of Lambert Lane, the Happy Acres neighborhood. The concerns include increased traffic that would occur with a family- oriented community. Staff has received 13 letters of protest, included in the Council packet. Staff is recommending adoption of this ordinance, approving an amendment to the Saguaro Springs specific plan subject to the conditions outlined in the ordinance. Linda Morales highlighted some of the points in the applicant's request to provide clarification. There is a portion of the parcel that is currently age-restricted on the east side, and those are for sale. She detailed some of the proposed amenities. Per the request of the Planning Commission, the number of single story homes along Lambert Lane were increased to 22. The Commission also requested, for purposes of connecting to the rest of the Saguaro Bloom community, that a neighborhood trail be built. That is contingent upon working with the utilities and Pima County, who controls that right of way. Regarding the right of way, this development triggers improvements to Lambert Lane and Airline Road. Improvements to Lambert include a center turn lane at the two access points into the community. Airline Road does not have a center line but it will be improved up to Avra Valley Road. There will be a separate walking path connecting Al and A2. She further elaborated on conversations she has had with traffic engineers regarding the traffic control issues - by both cars and school buses - raised due to this development not being age-restricted, Travis Bott, a resident on Maybrook Avenue, raised his concerns about the traffic and the lights coming into his house from oncoming cars at all times of the night. He presented photos to illustrate these concerns, Mayor Honea, being familiar with the "d that 'f this becomes art issue, mitigate is concerns such as area, sal 1 1 there are ways to m6figate h' landscaping and perhaps walls. Mr. Bott also mentioned that there had been discussion about putting a turn lane onto Maybrook at Avra Valley Road. January 16,2018 Regular Council Meeting Minutes 3 Mark Bott, a resident on Lambert Lane directly across from the development, raised his concerns. He would like the age-restricted development to remain,, mostly due to the additional traffic from cars and buses generated in a family environment community. Even though he understands that Maybrook is in the County, he has significant concerns about the traffic on that road because it is a convenient thoroughfare from the Saguaro Bloom development. He would also like all single story homes due to the variations in height from two-story homes. He would also like the vegetation planned for the eastern direction to also be extended to the west to Airline Road. John Powell, also a resident on Lambert Lane, stated that he purchased his property with the understanding that the property would be developed as an age-restricted community, low-impact with single story homes and less traffic being generated. He has been in the real estate business for 30 years, and sales are not slow for age-restricted communities, which may or may not be the case with D.R. Horton. Mayor Honea gave some statistical information on the amount of trips generated daily by both age- restricted and family communities. There being no further speakers, Mayor Honea closed the public hearing. Motion by Council Member Ziegler, second by Vice Mayor Post. Approved 5-0. A2 PUBLIC HEARING: Ordinance No. 2018.002: Relating to wireless communication facilities; adopting comprehensive revisions to the Town"s wireless communication facilities regulations; revising Marana Town Code Title 12 (Traffic and Highways) by adding a new Chapter 12-8 (Wireless communication facilities in the right-of-way); comprehensively rewriting and replacing the wireless communication facilities regulations currently found in Marana Land Development Code Title 23 (Wireless communication facilities) with new Chapter 17-18 (Wireless communication facilities) in Title 17 (Land Development) of the Marana Town Code; and designating an effective date (Frank Cassidy) Resolution No. 2018004: Relating to wireless communication facilities; declaring as a public record filed with the Town Clerk the comprehensive revisions to the Town's wireless communication facilities regulations adopted by Marana Ordinance No. 2018.002; revising Marana Town Code Title 12 (Traffic and Highways) by adding a new Chapter 12-8 (Wireless communication facilities in the right-of-way); and comprehensively rewriting and replacing the wireless communication facilities regulations currently found in Marana Land Development Code Title 23 (Wireless communication facilities) with new Chapter 17-18 (Wireless communication facilities) in. Title 17 (Land Development) of the Marana Town Code (Frank Cassidy) Mayor Honea opened the public hearing, and Mr. Cassidy presented,, noting that he brought this item to Council on October 10, 2017. Much of the right-of-way information -was taken from the City of Chandler's code. He gave a brief overview, stating that currently, the only wireless regulations are in the Land Development Code, Title 23, January 16,2018 Regular Council Meeting Minutes 4 which was last revised 20 years ago. Since then, new municipal best practices and federal regulations have been introduced. The state legislature has taken away quite a bit of authority from municipalities to regulate small wireless facilities within the right- of-way (ROW). Under the state legislation, there are a lot of uses within the Row that are not subject to zoning review. Generally, those are really small facilities or small co- locations on poles. There are some that are still subject to review in the Row, and those are big monopoles and major modifications. There are, also under the state law, what we call shot clocks which means have a certain period of time, usually 90 days, to review co-locations under federal law and under state law and approve or reject therm, if there is a reason to reject them. other things more substantial, such as applications, are 150 clays. 'Under the new state law, even if we have a right to zoning review, if we deny them, we have to explain our reasons for denial pretty clearly. Under the new state law, cities and towns roust establish and make available terms that are consistent With the new law by February 9, 2018 for the placement of facilities in the Row. Ours are being adopted tonight and will be in place by February 16th, Those are now found in chapter 12-8 of. the Town. Code under the Row provisions. The zoning code is still in the Land Development Code, both of which are before Council. tonight. There are a couple of federal laws that have come into play. one is the shot clock with a. 90-day review limit for co-locations, and the other is a 150-day review limit for new towers and everything else. If the feds weigh in on something, it usually takes precedence over state and local rules. He briefly described Section 6409(a) of. the Middle Class Tax Relief and Job Creation Act of 2012, which essentially says that local governments cannot deny certain minor modifications to existing facilities. What we are doing with in what used to be Title 23 of the Land Development Code is to expressly allow wireless facilities in the Row. We are moving that into Title 17-1.8 of the Town Code. Also, our new ordinance has fees mentioned, but so far the only fee mentioned in our comprehensive fee schedule are Row application fees and things having to do with getting a Row permit. We don't have any annual fee yet for the use of Row. However, $50 per year is the state law maximum the town can charge for the small facilities. You can charge market rates for the larger facilities, but you have to be able to prove up your costs for doing that. It appears that the FCC is pushing toward having these facilities in the Row. Some of the things that the new Land Development Code provisions do are to (1) expressly allow wireless facilities in the ROW; (2) allow to issue wireless facilities permits for co-location on existing base stations outside the Row; add a co-location on a tower outside the Row; or co-location on an eligible support structure or utility pole in the Row that is not exempt from zoning by Arizona lava; (3) adds a new section - 6409(a) relative to permits issued by the Planning Director; (4) deletes requirements for a provider to prove business justification for a new facility or site; (5) allows the Planning Commission to make the final decision on conditional use permits for wireless communication facilities with appeal to the Council; and (6) it significantly regulates and discourages new wireless facilities in residential areas, although it doesn't prohibit then.. In response to a question from Mayor Honea on co- January 15,2018 Regular Council Meeting Minutes 5 location, Mr. Cassidy indicated that there is no way for the town to prohibit co-location, Council Member Kai asked if there was a height restriction or would new facilities match up to existing poles in the ROW. Mr. Cassidy noted that the restriction is to the height limit of the nearest zone. However, the co-location rules say that when there is a co-location, they get an automatic additional 20 feet or so. Generally, they will be the height of the zone, though.. Council. Member Ziegler stated that HB 2365 reads very ambiguously, it sounds like we don`t have a lot of choice. How do we mitigate this? Mr. Cassidy stated that the position we took was that if the state law gave us the ability to weigh in on zoning, our ordinance took that. There is some leeway. Mayor Honea asked for speakers from the audience. There being none, he closed the public hearing. Motion to approve Ordinance No. 2015.002 and Resolution No. 2018--004 by Council Member Bowen, second by Vice Mayor Dost, Passed 5--0. A3 PUBLIC HEARING: Resolution No. 2018--005: Relating to Development; approving a conditional use permit to allow the development of a new 50 foot high small cell wireless facility at 3964 w. Ina Road in the Town of Marana public right-of- way, approximately 1,000 .feet west of Thornydale Road on the north side of Ina Road (Cynthia Ross). Ms. Ross noted that this is a public hearing and presented, describing the location of the proposed facility and the recent legislation allowing for small cell towers in the public right-of-way (ROW). This particular conditional use permit is moving forward under the old Land. Development Code language which is -why we are going through this process. The applicant, Mobilitie, is proposing a 50-foot high steel pole with omni antennae, remote radio head, microwave and adjacent pedestal, Because the current code does not contain setback or height restrictions for facilities in the ROW, staff proposes a setback of two feet from the property line, and the height not to exceed the maximum building height of the abutting zoning district, which in this case is Village Commercial which is 50 feet. The .facility meets both the setback and height standards. A letter of opposition to this project has been received by the owner of the parcel, west of the site, whose tenants include Pet Club and Brooklyn Bedding. The author was unable to attend tonight's meeting but asked that his letter be read into the public record. Mayor Honea stated that most of the Council has read the letter which was included in the packet. He asked if the pole blocked any of the signages for the existing retail businesses. Ms. Ross indicated that the pole is a small diameter pole and does really block any signs. The gentleman who submitted the protest is west of that property and it's a good 100 feet or so from his sign. Staff recommends adoption. Motion to approve by 'Nice Mayor Post, second by Council Member Bowen. Passed 5-0. A4 PUBLIC HEARING: Resolution No. 2018--006: Relating to Development- approving evelopmentPapproving a conditional use permit to allow the development of a new 45 foot, 11 inch January 16,2018 Regular Council Meeting Minutes 6 high small cell wireless facility at 7107 N. Camino Martin Road in the Town of Marana public right-of-way, approximately 180 feet north of Jeremy Place Road_ (Cynthia Doss) Ms. Ross noted that this is a public hearing. This is Mobilitie's second. conditional use permit application, and it is for a 45-foot, 11-inch steel pole with omni antennae, remote radio control, microwave and. adjacent 4-inch meter pedestal. It is in the public :how approximately 180 feet north of Jeremy Place near Bedroxx Bowling. Staff is recommending a two-foot setback from any property line and the height not to exceed the nearest zoning district, which is Heavy Industrial. Leavy Industrial has a maximum building height of 55 feet, and this facility meets both the height and the setback standards. Staff has received a letter of objection from the owner of the parcel south of the site. The letter is in. the Council packet, and the author also asked that it be react into the record.. Mayor Honea indicated that Council has read the support material, which is part of the permanent record., and it is unnecessary to read it. Ms. Ross continued that it is staff's recommendation to approve this resolution subject to the named conditions. There being no public speakers, Mayor Honea closed the public hearing.. .emotion to approve by Council Member Bowen, second by Vice Mayor Post. Passed 5-0. A5 Resolution No. 2018-007: Relating to Real Estate, approving and authorizing the Mayor to execute a Marana Regional AirportLease Agreement with M:aricopa Aircraft Service, Inc. for the lease of approximately two acres of Town-owned property at the Marana Regional Airport located at 11700 W. Avra valley Road (Jane Fairall) Ms. Fairall noted that this is a new proposed lease agreement. M:aricopa has been a tenant at the airport since the early 1990's when they entered into an agreement with Puna County, who owned the airport at that time. That agreement expired on its own terms September 30, 2017, and staff has been in the process of negotiating with Maricopa to enter into a new lease agreement. The proposed new lease will have a term retroactive to October 1, 2017, and will reduce the footprint of the lease from five acres to two acres. Staff also had an appraisal clone for several parcels at the airport, including this one and are recommending an increase in rent to $.15 per square foot which is a little over $13,000 annually for this parcel based on that appraisal. Staff is recommending approval unless there are questions. council Member Kai asked if the town could ask the tenant to tidy up their location to make it a little more presentable for aircraft landing in that area. Is there anything in our lease that we can require that? Ms. Fairall responded that we can and have in fact been working with this lessee .for a period of time to clean up the property, and one of the reasons that we are going from a. five-acre to a two-acre parcel is trying to contain that issue with the cleanup. we will continue to work with him on that. She continued that there are teeth in the lease that we can mandate that these things be done or we can terminate the lease. we can then go in and clean it up ourselves and charge him for the cost. The other provision that we have added is that if we approve and allow him to hold over beyond the two-year January 16,2018 Regular Council Meeting Minutes 7 period that the rent will be two times the lease amount. Staff continues to work with the lessee, and we negotiated in good faith, so we should try to honor it at this point and help him, Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed 5-0. A6 Resolution No. 2018-008: Relating to Intergovernmental Relations, adopting a 2018 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 indicated that approval of this legislative agenda allows staff to pursue and defend the town's interests during the current legislative session. The slate of issues that we have summarized haven't changed since last year. Council Member Bowen asked if sales tax for online purchases is part of our slate. Mr. Hunter responded that that is one of our focuses, along with the Transaction Privilege Tax (TPT), which we are pursuing along with the League. Council Member Ziegler noted that there is a bill, possibly being pushed by Pima County,, that doesn't require a change to a sales tax to be voted on to be approved by unanimous vote of the full body. She asked if that was something that TriAdvocates is looking at. Mr. Mehta interjected that specifically, staff has riot heard of that, but it is something that we will monitor. There will be a lot of quick changes over the next couple of months of bills being presented and moving through different committees. He would like to give Council an update at least weekly and sooner if necessary. If it/they pertain to protecting the town's interest, those will be the ones we will ask our lobbyists to work on our behalf. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed 5-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 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 (Jarnsheed Mehta). Mr. Mehta stated that we will keep a list going of bills that have an impact on Marana, positive and negative. There are a few bills he wants to bring forward that could be of interest. The first one is the Governor's executive budget. We rely on Highway User Revenue Funds, which will be about the same in terms of its formula. There is approximately $99M that was previously swept and set aside for public safety and that continues to be the case. Nothing changes there. There is another bill that pertains to elections. For jurisdictions with nonpartisan elections, the bill would require the candidate to indicate his or her party affiliation up front, and it repeals the statute that allows cities and towns to determine election winners based on primary results so that both a primary and a general election must be held. Mr. Cassidy elaborated on how that would work with more candidates than there are open seats. It's his opinion that .January 16,2418 Regular Council Meeting Minutes 8 this bill is not fully fleshed out at this time, Mr. Mehta continued that staff would keep Council apprised as or if the bill moves forward. Food truck licensing is another item to watch. Food trucks, by right, could set up on public property, including street parking, without a permit. In the last legislative session, there were changes that affected the way that protesting individuals within a certain distance of the affected property cart -legally protest. That could affect our rezoning cases. That may be resurfacing in some iteration, so we are also watching that. We will also keep a special eye on a municipal acquisitions bill. Last year this pertained to Marana as Pima County desired to acquire open space on private property,, primarily for identifying wildlife corridors. The proposal that was eventually approved requires that the County work with the jurisdiction to have an intergovernmental agreement and not be able to acquire it straight away from the private party. There is some attempt to either repeal that or amend that again. There may be other interesting bills, but for right now, we will watch these. Vice Mayor Post said that he's interested in the Governor pushing DWR (Department of Water Resources) into battle with CAP (Central Arizona Project), He is interested in seeing where the town would fall in that (and the League), Council Member Kai echoed Vice Mayor Fast's concern. The Governor's office is using DWR to oversee all of Arizona's Colorado River water, which basically steps on CAP's fingers all the time, and he thinks we need to have our lobbyists monitor this along with John Kmiec to keep us in the loop on that issue. Mr. Mehta stated he would keep track on this and any others that come forward. 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. 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). January 16,2018 Regular Council Meeting Minutes 9 ADJOURNMENT Motion to adjourn at 8:27 p.m. by Council Member Bowen, second by Council Member Ziegler. Passed 5-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council- meeting held on.January 16, 2018. 1 further certify that a quorum was present. J elyn 66r'onson, Town Clerk ARANA AZ v ,),'r A B 1-1 S H F-D 1977 January 16,2018 Regular Council Meeting Minutes 10