HomeMy WebLinkAboutStudy Session Agenda Packet 02/20/2018 MARANA AZ
ESTABLISHED 1 9 7 7
MARANA TOWN COUNCIL
STUDY SESSION
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, February 20, 2018, at or after 6:00 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
Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Marana
Town Council and to the general public that the Town Council will hold a meeting open
to the public on February 20, 2018, at or after 6:00 PM located in the Council Chambers of
the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS
AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised
agenda items appear in italics.
The Council Chambers are wheelchair and handicapped accessible. Persons with a
disability may request a reasonable accommodation, such as a sign language interpreter,
by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as
possible to arrange the accommodation.
This Notice and Agenda posted no later than Monday, February 19, 6:00 PM, at the
Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations
Center, 5100 W. Ina Road, and at www.maranaaz. under Agendas and Minutes.
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
Marana Study Session 02/20/2018 Page 1 of 10
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue
within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at
this meeting. The speaker may have up to three minutes to speak. Any persons wishing to
address the Council must complete a speaker card located outside the Council Chambers and
deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a
meeting at the Call to the Public will not be provided with electronic technology capabilities
beyond the existing voice amplification and recording capabilities in the facilities. Pursuant to the
Arizona Open Meeting Law,at the conclusion of Call to the Public,individual members of the
Council may respond to criticism made by those who have addressed the Council,and may ask
staff to review the matter, or may ask that the matter be placed on a future agenda.
DISCUSSION/DIRECTION/POSSIBLE ACTION
D1 Relating to Administrative Bodies and Officers; Discussion of the Marana Board
of Adjustment and whether it should continue to consist of a stand-alone board
or be combined with the Council or Planning Commission (Frank Cassidy)
D2 Presentation: 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 (Erik Montague)
D3 Presentation: Relating to Public Works; presentation, discussion and possible
direction regarding the draft Marana 2019 -2024 Capital Improvement Program
(Keith Brann)
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.
E1 Executive Session pursuant to A.R.S. X38-431.03 (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
Marana Study Session 02/20/2018 Page 2 of 10
MARANA AZ
ESTABLISHED 1977
Council-Study Session D1
Meeting Date: 02/20/2018
To: Mayor and Council
From: Frank Cassidy, Town Attorney
Date: February 20, 2018
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Administrative Bodies and Officers; Discussion of the Marana
Board of Adjustment and whether it should continue to consist of a stand-alone
board or be combined with the Council or Planning Commission (Frank
Cassidy)
Discussion:
Cities and towns in Arizona are required to have a board of adjustment, to hear and
decide appeals of the zoning administrator's interpretations of the zoning ordinance and
to consider applications for variances from the zoning ordinance. A.R.S. § 9-462.06. A
board of adjustment must consist of five to seven members appointed by the council of
the municipality, or the council itself may take on the duties of the board of adjustment.
When the Town of Marana's first zoning ordinance was adopted by Ordinance No. 77-6
on August 29, 1977, the Town Council itself was established as the Marana Board of
Adjustment. The Council continued to act as the Marana Board of Adjustment until May
6, 2003, when a separate seven-member Marana Board of Adjustment was established by
the adoption of Ordinance No. 2003.07. The members of the original separate
seven-member Marana Board of Adjustment were appointed on January 20, 2004, by
Resolution No. 2004-13. The Board's initial organization meeting occurred on April 21,
2004.
A list of all separate Marana Board of Adjustment meetings and agenda items can be
found in the backup material for this item. Including its first organization meeting, the
separate Marana Board of Adjustment has met 23 times. Fifteen cases have been brought
to the Board, two of which were withdrawn before the Board made a decision. In the 167
months since the Board's first meeting, monthly meetings have been canceled for a lack
Marana Study Session 02/20/2018 Page 3 of 10
of cases 144 times -- 86% of the time. Over the years, nine Board meetings were held
where the only business involved discussing the rules of procedure or Board training. In
nearly 14 years, cases were on the agendas of only 14 Board meetings.
Four of the seven Board of Adjustment positions are scheduled to be filled at this time.
The Town has received four applications for the positions, including one from an
existing Board member seeking reappointment. An additional existing Board member
has expressed a willingness to continue to serve but has not filed an application.
Citizen members of the separate Marana Board of Adjustment have served well and
faithfully over the years. But considering the Board's historically light case load, Town
staff is requesting Council's feedback on whether the Marana Board of Adjustment
should continue to consist of a stand-alone board. If the Council decides not to continue
with a separate, stand-alone Marana Board of Adjustment, the Council itself could again
choose to act as the Marana Board of Adjustment, or the Council could appoint the
members of the Marana Planning Commission as the Marana Board of Adjustment.
Town staff provides the following points to aid the Council in this discussion and
possible decision:
1• By law, the Board of Adjustment is "quasi-judicial" -- it acts like a judge. It decides
cases based on the evidence presented to it. Board members are not permitted to
communicate with the parties outside of the public meeting, in the same way judges
cannot have "ex parte" communications with litigants. This restriction on
communication for board of adjustment cases would be contrary to the normal
practice of the Council and the Planning Commission, who are permitted to speak
to applicants for rezonings and conditional use permits. Not being able to speak to
applicants for variances or interpretation appeals could be difficult or
uncomfortable for Council Members or Planning Commissioners.
2. By law, appeals of board of adjustment decisions go straight to Superior Court.
When a municipal council is the board of adjustment, it can decide for itself how
aggressively to pursue an appeal. When a municipality's board of adjustment is a
separate body, the municipality's council only gets involved in the appeal by
intervening as a party in the Superior Court. There are many past Arizona cases
where a local government has appeared as an opposing party to its own separate
board of adjustment in litigation challenging the board's decision. This doesn't
happen when a council acts as the municipality's board of adjustment.
Staff Recommendation:
Council's pleasure.
Suggested Motion:
Council's pleasure.
Attachments
BOA Meeting Table
Marana Study Session 02/20/2018 Page 4 of 10
Marana Board of Adjustment
Meetings and Agenda Items since Creation as Separate Board
DATE ITEM RES ULT
20040421 Orientation, organization, officers, regular meeting date NA
20040512 Rules of procedure discussed NA
20040609 VAR-04036 Monterey Homes variance request, 2-foot encroachment into setback Granted 4-2
at Continental Reserve Block 9
Rules of procedure draft approved 6-0
20040811 Rules of procedure discussed NA
20050119 VAR-04130 Lathrem Homebuilders variance request, 20-foot encroachment at Denied 7-0
4032 W Moore Road
20060613 VAR-06051 Acacia. Nursery variance request, 24-foot encroachment for existing Granted 4-0
modular o ffc e at 8080 W Tangerine Road
20070508 VAR-07043 Richmond American variance request, 0.8 foot encroachment into 5- Granted 5-1
foot side setback at 5451 W Morning Moonlight Ln in Dove Mountain
20071114 Discussion of rules of procedure NA
20080212 Variance case studies presentation/training by Town Attorney NA
20081028 VAR-08073 Phyllis McEnroe variance request, 13-foot encroachment into 40-foot Denied 6-0
rear yard setback at 4721 W Mallow Lane
VAR-08075 DESCO variance request, 5-foot encroachments into side and rear Granted 4-2
setbacks at Continental Crossing Market Place
20090414 VAR-09012 William & Kimberly Ohl request for variance/interpretation to allow Denied 3-1
swimmin ool on lot across the street at 8223 W Circulo de los Morteros
20091013 VAR-09034 Richmond American variance request, 5-foot encroachment into the Granted 3-1
front yard setback
20091117 VAR-09042 Circle K/Pearson's Signs variance request, 5-foot encroachment of Denied 4-2
pole sign into 10-foot front yard setback at 4540 W. Ina. Road
201103 08 VAR 11008 Gene English/S o loway Designs variance request, 10-foot Granted 4-1
encroachment into 30-foot front yard setback at 4220 W Horizon Ride Road
20111101 PCM-11049 Dove Mountain Retail Centre Use Appeal of Planning Director's Rev'd 3-2T
decision that newspaper distribution facility is not a permitted use
20111213 Discussion of possible Board rules amendments NA
20120508 Training presentation by the Town Attorney NA
20120814 PCM-12010 Palo Verde Partners and Tortolita appeal of Planning Director's Withdrawn
determination that the applicable Dove Mountain setback is 15 feet
Board rules of procedure amendments discussed NA
20121113 Board rules of procedure amendments discussed NA
20130108 Board rules of procedure amendments approved 6-0
20140408 VAR 14015 Yoem Pueblo variance and interpretation requests to accommodate the Granted 5-0
review and approval of the Yoem Pueblo subdivision plat
20161108 VAR1609-001 Ross Stores variance request to increase maximum area of wall sin Cont'd,
20170411 VAR1701-001 Variance request to allow installation of a manufactured home at Granted 5-0
8865 N Joplin Lane to replace a previous manufactured home on the site
This case was the subject of an appeal to the Pima. County Superior Court, which upheld the Board's decision.
t The vote was 3-2 to reverse the Planning Director's interpretation. This case was the subject of an appeal to the Pima County Superior
Court, arguing(1) that the motion to reverse failed because,by rule, a reversal requires four votes of the Board, and (2) that the case
was improperly noticed.The Arizona Daily Star abandoned its request for the distribution facility after the lawsuit was filed.
Continued at the request of the applicant; issue later worked out without pursuing the variance.
Marana Study Session 02/20/2018 Page 5 of 10
MARANA AZ
ESTABLISHED 1 9 7 7
Council-Study Session D2
Meeting Date: 02/20/2018
To: Mayor and Council
From: Erik Montague, Finance Director
Date: February 20, 2018
Strategic Plan Focus Area:
Progress & Innovation
Subject: Presentation: 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 (Erik Montague)
Discussion:
Since 2009, the Town has reviewed its town-wide, Comprehensive Fee Schedule to
ensure that the Town was continuing to cover its costs, where appropriate, and that it
was charging fair and equitable fees to its customers.
Staff conducted this year's review of the Comprehensive Fee Schedule with the
following goals in mind:
1• Ensure that fees reflect the actual cost of providing programs and services to
customers, where appropriate.
2• Identify opportunities to streamline, consolidate and modernize the application and
use our fees to encourage/facilitate development.
3• Eliminate errors, inconsistencies and unused items within the existing
comprehensive fee schedule.
This evening we are only asking Mayor and Council to review the list of proposed
changes and provide staff with feedback and direction regarding proposed changes.
Information received tonight will be incorporated into the proposed changes which will
be brought back for consideration and possible approval on May 15, 2018.
Pursuant to A.R. S Section 9-499.15, the Town will properly post notice of possible
changes to the Comprehensive Fee Schedule. This statute requires that the Town
provide notice on its website of any new or increased fees for businesses at least 60 days
Marana Study Session 02/20/2018 Page 6 of 10
before the meeting is scheduled to consider approving the new fees and/or fee increases.
Staff Recommendation:
Presentation, discussion and possible direction only.
Suggested Motion:
Presentation, discussion and possible direction only.
Attachments
Proposed Fee Schedule Changes
Marana Study Session 02/20/2018 Page 7 of 10
TOWN OF MARANA
FY2019 SCHEDULE OF PROPOSED CHANGES TO COMPREHENSIVE FEE SCHEDULE
Department Proposed Action Location Fee Description Current Unit of Proposed Unit ofCurrent Amount Proposed Amount Notes Basis for Change
Measure Measure
Parks&Rec. Eliminate Existing Fee SERVICES-Parks, Refundable Deposit for Per Plot $50.00 Refundable Deposit This fee is not something the department
Recreation&Special Community Garden Plot for Community collects.
Going to a flat fee to simplify for
Development DEVELOPMENT General Plan Map $1000.00+$20.00 per customers.The new fee was selected to
Services Modify existing fee SERVICES-Planning Amendment-Minor Per Amendment Per Amendment acre $1,700.00 minimize impact to customers.The last
3yrs average is$2504.72%of customer
will see a decrease.
Development Clarification of existing DEVELOPMENT Pre-application Per submittal $250 This fee is duplicated,shown on page 15
Services fee SERVICES-Planning conference and page 16.Please remove one.
DEVELOPMENT Fee is$50 per submittal,plus$50 per Going to a flat fee to simplify for
Development utility(electical,gas,water,sewer). customers.The last 3yrs average is$141
Modify existing fee SERVICES-Building Demolition Permit Per permit Per permit See note $150.00
Services Safely Individual permit required for each and 60%of customers will see a decrease
structure. in cost
includes structural review of loading
Going to a flat fee to simplify for
DEVELOPMENT customers.Based fee on estimated time to
Development Photovoltaic System for Fee based on project on roof,backflow preventer and pump;
Modify existing fee SERVICES-Building Per permit Per permit $150.00 review and inspections of 3 hours at
Services Safety pool heater;Commercial valuation Includes multi-family developments; $50/hour.No prior examples found to
Fee based on project valuation
reference
Currenity this fee is calculated based on
Development DEVELOPMENT valuation per resolution 2011-65.Going to
Add new fee SERVICES-Building Pools and spas Per permit $500.00 a flat fee to simplify for customers.The
Services Safety current years avaerage is$530.40%of
customers would see a decrease.
Marana Study Session 02/20/2018 Page 1 of 2 Page 8 of 10 1
TOWN OF MARANA
FY2019 SCHEDULE OF PROPOSED CHANGES TO COMPREHENSIVE FEE SCHEDULE
Department Proposed Action Location Fee Description Current Unit of Proposed Unit ofCurrent Amount Proposed Amount Notes Basis for Change
Measure Measure
Dog License Fees; Would like to set a fee that is an even
Community GENERAL SERVICES- Unaltered Dog; Multi-year license can be purchased by dollar amount and easier for staff to take
Development Modify existing fee Licensing Per animal Per animal $63.00
p Standard Fee-One- multiplying the per year rate and is payments off site.Rescind Ordinance
Year Fee limited by length of valid rabies 2015.014 This Ordinance increase the fee
$60.00 certificate $1.00 a year through 7/1/19.
Dog License Fees; Multi-year license can be purchased by
Community Clarification of existing GENERAL SERVICES- Unaltered Dog; multiplying the per year rate and is Fee is staying the same,just allowing multi
Development fee Licensing Per animal Per animal $20.00
p Senior/Disabled Fee- limited by length of valid rabies year purchase and rescinding Ordinance
One-Year Fee Same certificate 2015.014
Dog License Fees; Would like to set a fee that is an even
Community Modify existing fee GENERAL SERVICES- Altered Dog;Standard Per animal Per animal $18.00 dollar amount and easier for staff to take
Development Licensing Fee-One-Year Fee payments off site.Rescind Ordinance
2015.014 This Ordinance increase the fee
$20.00 $1.00 a year through 7/1/19.
Dog License Fees; Would like to set a fee that is an even
Community GENERAL SERVICES- Altered Dog; dollar amount and easier for staff to take
Development
Modify existing fee Licensing Senior/Disabled Fee- Per animal Per animal $13.00 Multi-year license can be purchased by payments off site.Rescind Ordinance
One-Year Fee multiplying the per year rate and is 2015.014 This Ordinance increase the fee
limited by length of valid rabies $1.00 a year through 7/1/19.Also
$10.00 certificate allowing multi-year licese to be purchased.
Dog License Fees;Dog
Delcared ViciousWould like to set a fee that is an even
,
Community GENERAL SERVICES- dollar amount and easier for staff to take
Modify existing fee Destructive,and/or Per animal Per animal $103.00
Development Licensing Dangerous-One-Year payments off site.Rescind Ordinance
Fee 2015.014 This Ordinance increase the fee
$100.00 $1.00 a year through 7/1/19.
Community GENERAL SERVICES- Dog License Fees;
Modify existing fee Altered Dog;Standard Per animal Per animal $42.00 Multi-year license term limited by To correspond to the change in fee for the
Development Licensing Fee-Three-year Fee $45.00 length of valid rabies certificate 1-year license.
Marana Study Session 02/20/2018 Page 2 of 2 Page 9 of 10 2
MARANA AZ
ESTABLISHED 1 9 7 7
Council-Study Session D3
Meeting Date: 02/20/2018
To: Mayor and Council
Submitted For: Keith Brann, Town Engineer
From: Erik Montague, Finance Director
Date: February 20, 2018
Strategic Plan Focus Area:
Community
Subject: Presentation: Relating to Public Works; presentation, discussion and
possible direction regarding the draft Marana 2019 -2024 Capital
Improvement Program (Keith Brann)
Discussion:
As part of the programming of the Town budget, Town staff solicits input from various
departments for capital improvement projects. Revenue projections are also sought from
the Finance department. Staff revises the Town's 6-year capital improvement program
(CIP) on a yearly basis. Projects for the upcoming fiscal year will ultimately be
programed as part of the budget. The future years of the program are a guideline.
Town staff will be presenting the program tonight for council input. Direction given will
be used to finalize next year's capital budget.
Staff Recommendation:
Council's pleasure.
Suggested Motion:
Council's pleasure.
Attachments
No files) attached.
Marana Study Session 02/20/2018 Page 10 of 10