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HomeMy WebLinkAbout10/16/2018 Regular Council Meeting MinutesMARANA AZ ESTABLISHED 1977 MARANA rTOwN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers October 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 John Officer, Council Member Roxanne Ziegler, Council Member MINUTES CALL TO ORDER. AND ROLL CALL: Mayor Honea called the meeting to order at 7:01 p.m. Interiam Town cleric Hilary H. Kiser called roll. Council Member Bowen and Nice Mayor Post were excused. Five council members present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA: Council .member Comerford motioned to approve the agenda with item 'RC2 moved to the action agenda. Council Member Kai provided the second. The motion passed 5-0, unanimously. CALL TO THE PUBLIC: Gary Knox addressed the Council regarding approval of his residential driveway. He indicated that the code does not define what the requirements are g reg ardin the road apron related to his driveway. He asked the Council to have the Public works department to respond to his inquiries. He complained that it has been a hassle working with the Town regarding this issue. Town Manager jamsheed Mehta responded that Town staff is aware of IIIb. Knox's issues and is actively working with hire to resolve the problem and ensure compliance with the code. October 16, 2018 Regular Council Meeting Minutes 1 Council Member Ziegler asked Mr. Mehta to please follow-up with Mr. Knox. Michael Belin brought to the Council's attention the condition of the bike path that connects Cortaro Road to Twin Peaks Load. He stated he has reported the problem to the Parks Department numerous tunes over the last year and it is still not resolved. Mr. Belin stated he could no longer use the path because it is a significant safety hazard for riders. He provided the Council pictures of the path. Mr. Mehta assured the Council he would follow-up with Mr. Belin regarding the path. PROCLAMATIONS P1 Proclaiming November 2018 as National Hospice and Palliative Care Month. The proclamation was read into the record by Interim Town Cleric Hilary Hiser, Casa de la Luz operations Manager William Jaramillo accepted the proclamation and thanked the Council .for recognizing the services of hospice care professionals. MAYOR ANIS COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS: Council Member Ziegler thanked the Town Manager and staff .for updating the water website with progress reports and correspondence regarding the Town's clean --up efforts. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS: Town Manager Jamsheed Mehta stated the next Community Conversation is October 30 at 2:30 p.m. at the Sunflower community room.. He stated Saturday, October 20 is a .free public access at the landfill. Mr. Mehta noted the community calendar is up to date on the website with all the events going on around town. PRESENTATIONS: P1 Presentation: Relating to Animal Services, First year in. review of the new Animal Services Division. Presented. by Lisa Shafer, Community and Neighborhood Services Director. Ms. Shafer stated the Animal Services first year was very successful. Animal Services staff members made contact with 345 stray dogs and cats in Marana, with 133 animals taken directly back to their owners. She noted, that the department's Animal Control Officers (ACO) have a greater than 50 percent return rate to the owner without having . to go to the Humane Society, with an overall return rate of 49.6 percent for all Marana strays. The Town issued 4,400 dog licenses and staff responded to over 1,000 service calls. Also, IVIS. Shafer reported that the ending FY18 actual budget total expenditures were $228,494, with licensing revenue at $95,'77'9 over the estimated revenue in the adopted budget. She did note that the expected level for donations was lower than anticipated, .ntici ated, but Ms. Shafer is confident that will pick-up in the next year. October 15, 2018 Regular Council Meeting Minutes 2 Ms. Shafer concluded her presentation highlighting the town's cost savings of just under $10,000 from the previous year's Pima Animal Care Center's contract. Council Member Ziegler asked if the chip events now require appointments since its increase in popularity. Ms. Shafer stated that Animal Services partners with No Kill Pima County, a nonprofit, which organizes and coordinates the free animal chipping event. Size explained that the appointments are required for the spay and neuter clinics held on a rolling basis, and pet owners must complete an application documenting their residency. Mayor Honea asked the total number of personnel working in the Animal Services unit. Ms. Shafer responded that there are three full-time ACOs covering the Town and one supervisor. P2 Presentation: Relating to Public Works; presentation and discussion regarding significant storm events in the 2018 Monsoon Season and required expenditures to address damage to Town streets and rights-of-way. Presented by Mo El -Ali, Public Works Director. Mr. El -Ali provided. the Council an update regarding the cleanup and repair from the past monsoon season. He presented. NOAA radar pictures showing the intensity and impact from the July 8, 2018 and July 10, 2018 storms. Mr. El -Ali noted that on July 10, the Town received about 2.32 inches of rain in one flour highlighting the intensity of the storms. Mr. EI -Ali stated. that Public Works prepares a monsoon response plan with an activation period beginning June 1 through September 30. The goal for this plan is to keep the streets within the Town clear and safe. Public Works uses a response and communication protocol similar the police department's emergency response operations. Mr. El -Ali noted that his department identifies known areas that are impacted by monsoon storms and prepares a response plan before the storms occur. The PowerPoint presentation contained numerous photos documenting the severityof o storm damage on Silverbell Road, Scenic Drive, Camino de Manana, and .MM arana Center Boulevard. Mr. EI -Ali noted that given the extent of the damage, response crews from contractors were also used to help with storm clean-up b providing airs to Yp g re P roadway damage, sediment removal, and pavement replacement, as well as landscaping. As of September 30, 2018, Mr. El -Ali reported Public Works has spent $373,676.00 on monsoon repairs from both internal crews and contractor services. He noted that the department's street maintenance budget line item is $300,000.00, which the department used $219,000 of that line item. to pay for the contractor repairs of the streets damaged . ge P during the storms. Mr. El -Ali stated the department would overspend on its streets October 16, 2018 Regular Council Meeting Minutes 3 maintenance budget line item before the end of the fiscal year; he is just not sure by how much. Mayor Honea asked if the Town took advantage of the offer to use additional innate work crews .from the Marana Treatment Center (MTC). Mr. E1 -Ali responded that his department did use crews from. MTC to help with the clean-up efforts. Council Member Comerford commended the Public works staff for their efforts to address the storm damage in a quick response. Council Member Ziegler asked for clarification regarding the funding deficit and timeline for the department's general operating expenses. Deputy Town Manager Erik Montague responded that the Town is waiting for a final tally for all costs associated with the monsoon clean-up efforts. He noted that once the final numbers are in, staff would have a better idea how much money will need to be reallocated to cover any deficits. Council Member Ziegler followed up with a comment that for the next budget cycle, staff should consider increasing the amount of funding dedicated to monsoon preparedness. Mr. Montague stated staff is already investigating that possibility since monsoons are an annual occurrence; it is only their severity that is variable. 1 �e indicated that the intent is to increase contingency funding by identifying additional dedicated revenue sources to help support those unforeseen events. Mr. EI -Ali explained that the department does account for monsoon damage, but it is difficult to budget for storms that have a greater unforeseen magnitude creating unforeseen damage. CONSENT AGENDA: Council Member Comerford motioned to approve, with a second provided by Council Member Kai. The motioned passed 5-0, unanimously. .deputy Town Attorney Jane .Fairall provided a point of order instructing the Council a roll call vote was required to approve the consent agenda (sine item C2) because item C4, ordinance No. 20180.018, has an emergency clause. Roll Call Vote Council Member Bowen - Absent Council Member Comerford - Yes Council Member Kai - Yes Council Member officer - Yes Council Member .Ziegler - Yes Vice .Mayor Post - Absent Mayor Honea -- Yes .Motion passed 5-0, consent approving the consent agenda in whole C1 Resolution No. 2018-095: Relating to Utilities; approving and authorizing the Mayor to sign a one-year extension of the intergovernmental agreement between the October 16, 2018 Regular Council Meeting Minutes 4 Town of Marana and Pinna County for provision of water consumption data. and sewer user account billing services (John Kmiec) 'RC2 Resolution No. 2018-096: Relating to Develop -agent; approving a prelim inary plat for .Rancho Marana 154 Block 3 Lots 1-128 and Coinivon Areas "A" through "N" at the northeast corner of Tangerine Farms .Road and Clark Fariizs Blvd. (Steven E. Vasquez) .Moved to first i teiv on the action agenda, approved by Council vote 5-0. C3 Resolution No. 2018-097: Relating to Development; approving a final plat .for Desert oasis at Twin Peaks, Lots 1 - 74, and Block 'T" and Common Areas "A•• (Functional open Space), "B" (Natural Undisturbed open Space), "C" (Park) and "D" (Sewer/Open Space), located at the northeast corner of Twin Peaks Road and' oasis Road (Cynthia Ross) C4 Ordinance No. 2018.018: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule to eliminate stage rental fees; and declaring an emergency (Jane Fairall) C5 Resolution No. 2018-098: Relating to Development; approving a release of assurances for Del Webb at Dove Mountain VI subdivision and accepting public improvements for maintenance (Keith Brann) C6 Resolution No. 2018-099: Relating to Community Development; approving and authorizing the Magor to execute an intergovernmental agreement between Pinna County and the Town of Marana for the management and implementation of the 201.8- 201.9 Community Development Block Grant Program (Lisa Shafer) C7 Approve Study Session Meeting Minutes from September 25, 2018 and approve Regular Council Meeting Minutes from October 2, 2018 (Hilary H. Hiser) LIQUOR LICENSES LZ Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a series #4 wholesaler liquor license application submitted by Michael Donald I --Furley on behalf of Borderland. Spirits LLC, located at 5650 W. Coca Cola Pl., Marana, AZ 85743. Presented by Hilary H. Kiser, Interim Town Clerk. Council Member Comerford motioned to approve, with a second provided by Council Member Kai. Motioned passed 5--0, unanimously. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION xC2 .Resolution No. 2018-096., Relating to Developiiient; approving a for pprelin inar� lat � .Rancho .Marana 154 Brock 3 Lots 1-128 and Contnion Areas "A" through "N" at the northeast corner of Tangerine Farins .Load and Clark Fa-rivs Blvd. Presented by Steven Vasquez, Planner I and Keith Brann, Town Engineer. October 15, 2018 Regular Council Meeting Minutes 5 Mayor Honea addressed Mr. Vasquez expressing some confusion and concern stating that the council report did not clearly explain the responsibility to build Tangerine Farms Road to Barnett Road. Mr. Vasquez indicated Town Engineer Keith Brann would be better suited to answer that question. Mr. Brann responded that the development agreement for Rancho Marana addresses the timetable for the construction of Tangerine Road. He explained the Tangerine Farms Road was always expected to be built in phases and concurrent with a block's development. Mr. Brann noted that when a developer is constructing the subdivision they would also have to construct the road before the Town will release the full assurances for that development. Mayor Honea asked what the timeline is for the construction of the road since the blocks in question are contiguous to Clark Farms Boulevard. Mr. Brann responded that both Mocks will take egress/ ingress from both Clark Farms Boulevard and newly constructed Tangerine Farms Road because each block will need two points of access. Mayor Honea clarified his question stating that since both of these Mocks will not take all of the quadrants in three and in four, would Tangerine Farms Road be completed up to the edge of the proposed Block 3 and Block 4 with the current housing. Mr. Brann explained that while the development is constructing houses it would also have to start constructing the road. He noted that the Town would require the construction of the final roadway project on either side of the development to be complete before the Town releases the assurances. Mayor Honea indicated he is concerned that Tangerine Farms Road would not be built because these two Blocks are contiguous to Clark Farms Boulevard. Mr. Brann responded that his interpretation of the development agreement requires the construction of the road if building occurs on either. Block 3 or Block 4. He noted that the development agreement envisions the Tangerine Farms Road construction as two phases, with phase one already complete. Mayor Honea asked if the proposed development would phase construction of the road. Mr. Brann stated Block 3 and Block 4 are relatively small and do not lend themselves well to a phased development structure. He noted that once a block starts construction, it tends to complete out. Mayor Honea again expressed concern. that the construction of Tangerine Farms Road is done proportionally with development on the blocks. Mr. Brann emphasized that once development starts on either Flock, construction of Tangerine Farms Road will occur. Town Manager Jamsheed Mehta interjected that related to the Rancho Marana item; there will be some changes to the approved development agreement. He explained that changes to the development agreement could also include clarification. regarding the timeline for construction of Tangerine Farms Road as concurrent with any development occurring onsite within Block 3 or Block 4. Council Member Kai motioned to approve, with a second provided by Council Member Comerford. Motion passed 5-0, unanimously. October 16, 2018 Regular Council Meeting Minutes 6 Al PUBLIC FEARING: ordinance No. 2018.019: Relating to Development; amending Marana Town Code Title 1.7 (Land Development Codi) section 17-6--4 (height of buildings and structures) to delete existing language generally requiring building setbacks to be equal to or greater than the building height and to add language allowing additional height for ornamental elements of buildings and structures; and establishing an effective date. Presented by Ryan Fagan, Planner I. Mr. Fagan stated the Town received a request from architect Bruce Call to amend the language regarding building height in the Land. Development Code to allow certain exceptions to zoning height limits applied to all zones within the Town. He stated that the current code does not allow any exceptions, but this amendment would allow an exception for ornamental elements on buildings, such as domes, spares, clock towers, etc. Mr. Fagan noted that these exceptions would have to be integral to building and would not allow, for signage, occupancy, or lighting without approval of a conditional use permit. He also explained that these exceptions would require additional setback requirements. To illustrate the commonality of this type of height exception, Mr. Fagan stated that some jurisdictions require additional setback requirements, an exemption to certain architectural features. He explained that Planning reviewed all the different exemption options to determine the appropriate mix to meet the Town's needs. Mr. Fagan explained that the proposed amendment would allow an additional 50 percent of height adjustment for the ornamentation element and increased setback for above the zoning height limit. He noted that the amendment does provide for an additional height or waiver subject to CUP approval, a viewshed analysis, and shadow analysis. Bryce Call, the applicant addressed the Council. He thanked the staff for reviewing the critical items regarding this amendment. Mr. Call explained that the reason for this request is a forth coming application .for building a church with a steeple. He noted that an important part of architecture is the ability to include ornamental elements, which the current code does not address. He asked the Council to approve this amendment as a step to create personality and excitement to the constructed landscape. Council Member Ziegler asked what type of church the future project proposed. Mr. Call responded the development would be for the Church of Jesus Christ of Latter-day Saints near Coachline Boulevard and. Idle Wild Drive. Council Member Ziegler asked Mr. Fagan if a group wanted to build a mosque, would the applicant need a conditional use permit. Mr. Fagan responded that he is not familiar With those particular buildings, but it would be dependent on the zoning height within the area. Council Member Kai motioned to approve, with a second provided by Council Member Ziegler. Motion passed 5--0, unanimously. October 16, 2018 Regular Council Meeting Minutes 7 A2 ordinance No. 2018.020: Relating to Transaction Privilege Tax; amending the Town Tax Code by decreasing the . tax rate on certain activities by one-half cent; amending Sections 8-460 (Retail sales; measure of tax; burden of proof; exclusions) and 8-610 (Use tax: imposition of tax; presumption) of the Town Tax Code by repealing Local option V of the Model City Tax Code which established a two-tiered tax structure .for certain sales/ purchases; and designating an effective date. Presented by Erik Montague, Deputy Town Manager. Mr. Montague stated the established half -cent sales tax used to fund the constructio z of the new police facility has met its goal of raising $18 million. He noted that the tax's original authorization defined a temporary timeline to generate the necessary funds and then established a repeal mechanism once the total funds were collected. Mr. Montague noted that the cumulative collection of the tax shows a final collection total of $18.3 million. He noted that the budget to actuals was very close and the Town has been operating within a two percent error rate which show very small margins. I Ie explained that staff is reasonably confident that the Town will collect the full amount by the end of December 2018. Mr. Montague explained repealing the tax and unwinding it will take several months because there are numerous accounting procedures that must be completed with businesses and Arizona Department of Revenue. The reduced tax rate, a decrease of on - half percent on sales tax, would go into effect January 1, 2019. Mr. Montague mentioned this is the second time in the Town's recent history where it instituted a sales tax increase for a specific purpose and then repealed the tax once the necessary revenue to pay for that purpose was collected. He also stated that staff would be working with the communications department to notify the business community of the changes. Council Member Ziegler motioned to approve, with a second provided by Council Member officer. Motion passed 5-0, unanimously. A3 Resolution No. 2018-100: Relating to Development; approving and authorizing the Mayor to sign the Third Amendment to the Madden Fans II Development Agreement. Presented by Jane Fairall, Deputy Town Attorney. Ms. Fairall stated the Council approved the second amendment to the Gladden Farms II Development agreement in August 2018; however, staff discovered a few issues that require correction. The first issue is related to the community park improvements and the tinning of its construction based on the issuance of 400 building permits. The nnethod of enforcement was unclear; this amendment will allow the three subdivision blocks with 347 lots to move forward without the construction of the park. After twoy ears once the remaining 53 lots are sold in those developments, then construction of theP ark will begin. Ms. Fairall also stated the other issue is related to the clarity of the sewer conveyance and which part of the development is subject to it. The proposed amendment corrects this point of confusion stating identifying which portion of the development is served October 16, 2018 Regular Council Meeting Minutes 8 by the conveyance system. She noted that the previous version implies a sewer capacity issue, which is incorrect, because the Town plans to build additional capacity for the area by 2021. Council Member Ziegler motioned to approve, with a second provided by Council Member Kai. The motion passed 5.0, unanimously. 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. No Report. 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. §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(P). ADJOURNMENT: Mayor Honea motioned to adjourn at 8:16 p.m., with a second provided by Council Member Kai. The motion passed 5.0, unanimously, CERTIFICATION Y hereby certify that the foregoing are the true and correct minutes of. the Marana Town Council meeting held on October 16, 2018. I further certify that a quorum was present. 4 • Hilary H rser, Interim Town Clerk October 16, 2018 Regular Council Meeting Minutes 9