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HomeMy WebLinkAbout10/23/2018 Study Session Meeting MinutesMARANA AZ ESTABLISHED 197'7 MARANA TOWN COUNCIL STUDY SESSION 11555 W. Civic Center Drive, Marana, Arizona 55653 Council Chambers, October 23, 201.8, at or after 6:00 PM STUDY SESSION MEETING MINUTES 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 CALL TO ORDER AND ROLL CALL: Mayor Honea called the meeting to order. at 6:00 p.m. Interim Town Cleric Hilary Hiser called the roll. Council Member Comerford, Council Member Kai, and Vice Mayor Post were excused. With four council members present there was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA: Coicncil Member Ziegler motioned to approve, with a second provided by Council Member Bowen. The motion passed 4-0, unanimoicsly. DISCUSSION/DIRECTION/POSSII3LE ACTION D1 Relating to Public Works; a presentation on the status of the Adonis Road Extension project. Presented by Keith Brann, Town Engineer. Mr. Brann explained that during late 2017, the Town looked at the re -alignment of Adonis Road to provide a needed secondary access route .for the San 'Lucas development. He explained that the immediacy of the need has increased since the development expected along the Tangerine corridor did not materialize after the end of the Creat Recession. Staff started working with the various land g the developers along p October 23, 2018 Study Session Meeting Minutes corridor to acquire the necessary right-of-way for the Adonis Road Extension capital improvement project. The Town engaged an engineer to conduct an alta land survey and assist with the acquisition of required right-of-way documents to aid the project. Mr. Brann stated that the developer of The Villages at Tortolita has agreed to build the Adonis Road extension. Mr. Brann reported that in February 2018, Town staff negotiated with property owners .for the right--of-way dedications. one property owner did not agree to dedicate the right-of-way resulting in a condemnation action. The Court granted the Town' immediate possession of the property at an October 4, 2018 hearing and on October 8, 2018, the Town posted the appropriate bond on the property. Mr, Brann stated that since the acquisition through condemnation of the final property occurred, it triggered a 150 day clock with. the Tortolita Development to provide a design for Adonis Road. He meet with The Villages of Tortolita's engineering firm. Per the development agreement, the developer has 180 days after design approval to begin construction of the road. Mr. Brann noted that March 7, 2019 would be the 1.50 day mark. He suspects that staff will receive conceptual and intermediate designs during this time period. Mr. Brann said that staff would work to get the final designs approved as quickly as possible after the March 7 deadline. He is not sure if the developer will wait the full 1.80 days to start construction, but the developer will have to bid that project. Mr. Brann stated that given the timeframe on design review and the process of procurement, he expects the construction to start on this project by late 2019 or early 2020. For informational purposes, Mr. Brann also explained that once the Adonis Road extension has been constructed, The Villages of Tortolita is required to provide improvements on the Tangerine TI including signalization on the eastside of. 1-10 and a roundabout on the westside of I-10 thus improving capacity at that intersection. Mr. Brann did alert the Council to the only other uncertainty relating to the project which is the final order condemnation. He stated typically those types of legal actions take about a year. However, Mr. Brann did emphasize that the Town does have possession of the property and Adonis Road extension would get built. Mayor � ionea opened the floor to public comment. Jack Neubeck thanked the Council .for addressing this issue. He stated that until the road is constructed, the Town considers using the Center Arizona ect Proj(CAP)access � road as an emergency alternative route. Mr. Neubeck stated that if the Town were to partner with. Northwest Fire the CAP road could provide an emergency access route that is severally needed for the residents in this area. Mr. Neubeck also expressed the hope that the agreement with the developer to build the road has strong provisions to hold their feet to the fire." Phyllis Farenga stated that she and her neighbors in the Marana Estates do not want to wait two years for the construction of a road. She noted that economic an develoPent is needed on the eastside, but safety comes .first. Ms. Farenga noted that this area has October 23, 2018 Study Session Meeting Minutes 2 needed a secondary access road long before the railroad and freeway split the town in half . She stated the method of escape by relying on the farm access roads was not a viable solution for the present. She further expressed frustration with the Council's slow progress to address this access issue and respond to the health and safety Issues for area residents. Brad Despain stated he is happy to work with Town staff to identify an emergency ingress/ egress solution for this area while the road extension project is under construction. He echoed concerns as to how a development was originally approved without two access points. Mr. DeSpain asked all audience members from San Lucas to raise their hands. About 15 to 20 people raised their hands. Mr. DeSpain complimented the staff's work on the extension of Adonis Road, but he voiced concern that development agreement appears to lack a penalty if the developer stalls in constructing the road. Mr. DeSpain took the initiative to contact his colleagues with CAP to identify an appropriate contact to start the process of using the CAP road.. David Morales stated the need to establish a secondary road as insurance for a possible emergency. He recommended that the Town make multiple kegs for the CAP road for an emergency response. Town Manager Mehta addressed the Council noting that senior staff has toured the CAP access road since it was brought to the Council's attention as a possible alternative. Council Member officer acted as the tour guide. ills. Mehta stated staff is currently in dialog with. CAP staff regarding this topic. Mayor Honea agreed with the consensus that the CAP access road would work for emergency vehicles. He explained that the particular area of Town did have two access points until the railroad tools a crossing out after double tracking the railroad. He assured the audience that the Council is committed to getting the Adonis Road extension built. Mayor Honea stated that the developers of The Villages at Tortolita have been instructed to build no houses until the road is completed. He also noted that the Town has been working very hard to get the road built and to work with CAP to use the access road for emergency response. Council Member Ziegler also agreed that the area needs a secondary ingress/egress, but is frustrated that the road's construction is two years away. Council Member Ziegler asked what the backup plan is if the Town is unable to negotiate an IGA with CAP. She thanked staff for the update regarding this project and she wants to make sure the Town holds the "developer's feet to the fire" regarding construction of this road. Council Member Bowen also addressed the audience and agreed that it was "unconscionable" that San Lucas was developed without a secondary access road. He agreed with the need to have an emergency access point while the road was being built. He assured the residents in attendance that this was a major priority for the Town because it was a health and safety issue. October 23, 2018 Study Session Meeting Minutes 3 Council Member officer noted that in the event of a railroad derailment the intersection is the first thing that would be cleared. He is happy to help in any way he can, but stressed that an ICA will take time to approve. John Aronea (spelling unknown) lives at the last house on Grier Road and expressed concern that Crier would be extended as an access road in this project. He explained that there are multiple families that live near the road and are concerned about safety with increased traffic volumes. Mayor Honea responded that Crier Road would be part of the extension project because there is no other place to put the road. Mayor Honea noted that staff would put safety factors in the design. Mayor Honea asked if there were other comments from the public. Hearing none, Mayor Honea moved to the next item. Council did not take any action on this item. D2 Relating to Utilities; discussion of a proposed protected sewer main ordinance to fund reimbursement of Town costs associated with the construction of the gravity portion of the Tangerine/ Downtown Sewer Conveyance System, Town of Marana Project No. wRO10. Presented by Frank Cassidy, Town. Attorney. Mr. Cassidy stated this is the scheduled overview regarding the direction staff is pursuing to recover some of the Town's costs for construction of the Tangerine/ Downtown Sewer Conveyance System. He noted this project was the construction of a new sewer line connecting Saguaro Bloom to a preexisting sewer line at Clark Farms Boulevard that connects into the Marana system. Mr. Cassidy reminded the Council that the Town's position from the start was to have area development provide upfront funding for the construction of the project. However, none of the developers in the area wanted to voluntarily eater into a reimbursement agreement to cover the costs of construction. Therefore, staff proposes the creation of a protected sewer main ordinance that the Town can participate in. Mr. Cassidy .further explained that the Town already has a protected facilities ordinance when a developer builds lines that are oversized. Under that agreement type. the 'T'own gives the developer ownership interest in that water or sewer line. He said that this new proposed ordinance would simply expand the existing ordinance to include language that allows the Town to recoup costs when it builds sewer or water facilities from developers seeking to connect to the line. Mr. Cassidy stated this would expand the Town's rights to equal those of a developer. Currently, the Town recovers the cost of infrastructure through impact fees. Since that process is cumbersome in some cases involving infrastructure, assigning the .fair share cost per unit is easier from an administrative perspective. Mr. Cassidy noted that before the Town Council adopts the protected sewer line ordinance, staff would have to notice the change to prospective �-r�. develoPents impacted. Also, staff needs to amend the Town Code. Mr. Cassidy stated staff has already spoken with several developers regarding the protected sewer main line in the Tangerine corridor. October 23, 2018 Study Session Meeting Minutes 4 Council Member Ziegler asked if this proposed ordinance is the result of a miscommunication between the Town and the development community regarding the responsibility of covering the costs of construction of the sewer line. Mr. Cassidy responded that staff regularly communicated with developers regarding the expectation for payment related to the construction of the sewer line. He noted that the developers would have preferred that the Town cover the costs of the infrastructure construction. Mr. Cassidy stated the methodology used to determine the fair share cost is based on the capacity that a single EDU would use in the line, which staff has determined is the fairest possible method. Council Member Ziegler stated she agrees with theP pro osed ordinance, but she simply got the sense that developers were not aware of the Town's intended direction. She asked if all the developers are indeed aware of the ordinance's future adoption. Mr. Cassidy explained that one of the reasons staff is moving more slowly on this ordinance is to ensure all affected parties are thoroughly briefed on the process with corresponding documentation including maps outlining the proposed affected areas for current and future development. The Council took no action on this item.. D3 Ordinance No. 2018.021: Relating to Development, confirming The Villages of Tortolita Development Agreement and The Villages of Tortolita Specific Plan by deleting Section 2, paragraph 5 of Marana ordinance No. 2017.023 as amended by Marana Ordinance Nos. 2017.028 and 2018.009, and establishing an effective date. Presented by Frank Cassidy, Town Attorney. Mr. Cassidy stated the Town is deleting a section of the original ordinances adopting The Villages of Tortolita Development regarding the 207 waivers because that requirement has been satisfied. He noted that the developers satisfied the 207 waivers requirement from all property- owners in the area. The developers bought the remaining property that did not sign the waiver thus satisfying the requirement. Council Member Bowen motioned to approve, with a second provided by Council Member Ziegler. The motion passed 4-0, unanimously. EXECUTIVE SESSIONS: Council Member Ziegler Motioned, with a second provided by Council Member Bowen, to transition to executive session. The motion passed 4-0, unanimously. The Council left the dais at 6:48 p.m. 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. EZ 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. October 23, 2018 Study Session Meeting Minutes 5 E2 Executive session pursuant to A. R.S. § 38-431.03(A)(3), (4), & (7) to consider the Town's position and instruct its representatives regarding negotiations for the potential purchase of Assessor's Parcel Numbers 27734-002M and -002N, owned. by George & Shanda Stypa, and to receive legal advice from the Town's attorneys and to consider the Town's position and instruct its attorneys concerning legal matters pertaining to the properties. The Council returned to the dais at 7:21 p.m. Town Attorney Frank Cassidy requested a notion for item E2 by Council authorizing staff to proceed with negotiations to acquire the Stypa property along the lines discussed in executive session. Council Member .Bowen motioned to approve, with a second provided by Council Member [officer. The motion passed 4-0, unanimously. 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: Mayor .Flonea motioned to adjourn at 7:21 p.m., with a second provided by Council Member Officer. The motion passed 4-0, unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes for the Special Meeting of the Marana Town Council meeting held on October 23, 2018. 1 further certify that a quorum was present. Hilary H iser, Interim Town Clerk October 23, 2018 Study Session Meeting Minutes 6