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HomeMy WebLinkAbout01/15/2019 Regular Council Meeting MinutesMARANA AZ ESTABLISHED 1977 MARANA. TOWN COUNCIL REGULAR COUNCIL MEET-fNG 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers January 15, 2019, at or after 7:00 IPM 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 7:00 p.m. Deputy Town Clerk Hilary H. Hiser called the roll. All council members were present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA: Mayor Honea removed item **C2 from the Consent agenda for a brief discussion and standalone vote. He also stated the Consent Agenda would require a roll call vote due to the emergency clause in item C3. The Mayor asked for a motion to approve the agenda. Council Member Ziegler motioned to approve, with a second pmvided by Council Member Kai. The motioned passed unanimously, 7-0. CALL TO THE PUBLIC: David Morales addressed the Council regarding the Barnett Linear Channel. He stated the channel still requires removal of weeds. He addressed Council Member Officer asking him to take the lead on weed abatement of the channel. Mr. Morales thanked the Council for building solar panels at the municipal center. January 15, 2019 Regular Council Meeting Minutes I PROCLAMATIONS P1 Proclamation recognizing January 2019 as General Aviation Appreciation Month (Hilary H. Hiser) MAYOR. AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS: Council Member Comerford stated she and several council members attended the State of the State address. She was happy to report the State of Arizona will finish the fiscal year with a $1 billion surplus. Council Member Comerford complimented Vice Mayor Post on his holiday farm event at Post Farms. She noted it is a nice event for families. Council Member Ziegler reported the Metropolitan Pima Alliance event at Top Golf went well and showcased the facility nicely. Council Member Ziegler asked Town Manager Jamsheed Mehta if she could provide direction regarding the budget. He responded that future agendas would have a specific agenda item related to budget that would allow council members to provide direction to staff on budget items. Mayor Honea also noted that the Top Golf facility is doing well and encourages people to conte visit Marana. The Mayor reported he attended a meeting with several local mayors in Green Valley to discuss issues of concerns with Senator Martha McSally. He noted Senator McSally was very receptive to address the concerns of local jurisdictions, such as water quality. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Jamsheed Mehta reminded the Council that staff continues to work on the General Plan Update --Make Marana 2040, and the next round of public participation workshops would be January 23 and January 24. He also noted that Marana Parks and Recreation is partnering with United way to host an income-tax preparation assistance program at the Marana Community Center every Thursday and Saturday starting January 31 through April 13. Mr. Mehta announced the third Council Connections meeting for Saturday, February 9. He concluded his remarks by welcoming Cherry Lawson, the new Town Clerk and Isaac Abbs the new Technology Services Director. PRESENTATIONS P1 Relating to Economic Development, presentation regarding economic impact of film industry in Marana. Presented by Laura Cortelyou, Tourism and Marketing Manager. Ms. Cortelyou reviewed the history of filming in Marana from the 1.930s to the present. She explained that the Marana Film Office was launched in 2017 to assist movie producers with the permit process, location scouting, and accommodations. The Marana Film. Office also works to market Marana as a filming location for commercials, low budget television shows, and small independent movies. Ms. Cortelyou noted that film makers do not need to coordinate with the office to film in the area. But the office does work to make sustainable partnerships within the film January 15, 2019 Regular Council Meeting Minutes 2 industry to help track filming events. She explained that the economic impact of the film industry in the Tucson region is $9.4 million in direct spending. That figure translates into 3,653 hotel room bookings and 6,000 job days that require hiring local professionals. The Marana Film Office joined the Association of Film Commissioners International, allowing the Town to market Marana as a desirable film location. Additionally, Ms. Cortelyou stated that a local talent agency is considering office space in Marana so it can qualify for Screen Actors Guild certification which would allow the agency to cast local talent for big feature films produced in Southern Arizona. The Marana Film Office partners with the Marana Chamber of Commerce to provide resources for prospective film companies. Ms. Cortelyou reported that Modern Studios opened in Marana on January 16, 2019. It is the largest production studio in Arizona and has all the modern facilities needed for production and post production film work. Ms. Cortelyou concluded her presentation by showing the Council a short promotional film used for marketing Marana to the film industry. No Council action taken. CONSENT AGENDA: Council Member Bowen motioned to approve item C1, C3, and C4. Vice Mayor Post provided a second. Mayor Honea called for a roll call vote. Council Member Bowen - Yes Council Member Comerford -- Yes Council Member Kai - Yes Council Member officer - Yes Council Member Ziegler - Yes Vice Mayor Post- Yes Mayor Honea - Yes The motion passed unanimously, 7-0. C1 Resolution No. 2019-001: Relating to Personnel, approving and adopting an amendment to the Town's Personnel Policies and Procedures, revising Chapter 3 Classification and Compensation, Section 3-4-2 "Pay Checks" (Curry Hale) **C2 Relating to Procurement; approving a purchase in the aanount of $2,389,612 for design and construction services for Airline/Lambert Water Treatment Caivpus and Picture Rocks Water Treatnient Caanpus (Scott Scliladzueiler). Itean pulled front the Consent Agenda during the rzpproz�al of the agenda. for discussion and action. Water Director John Kmiec stated this agreement is the first major step towards construction of the water treatment plants to address the contaminated water wells in the community. He explained that this first contract is for design services and construction engineering services throughout the duration of the project. Mr. Kmiec January 15, 2019 Regular Council Meeting Minutes 3 stated the Town is building something unique by constructing two treatment .facilities at the contamination sites. He said the contract would immediately allow the department to forge ahead with a design. The costs stated in this contract include the preliminary design for the two advanced treatment systems. Council Member Comerford explained she wanted the item pulled from the consent agenda. She asked Mr. Kmiec how many types of treatment plants are operating in the United States like the one Marana is building. Mr. Kmiec responded that he was not sure of the exact number, but would estimate about ten nationally address the type of water contamination in Marana. Council Member Ziegler asked that staff closely monitor all costs related to construction of the treatment facilities for possible reimbursement from the product liability lawsuit. Mr. Kmiec confirmed that the construction contract has an itemized accounting clause to track all expenses for possible future reimbursement. Council Member Comerford motioned to approve the purchase in the amount of $2,389,612 for design and construction services, with a second provided by Council Member Kai. The motion passed unanimously, 7-0. C3 Resolution No. 2019-002: A resolution of the Mayor and Common Council of the Town of Marana, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with. the Water Infrastructure Finance Authority of Arizona from. its Clean Water Revolving Fund program; delegating the determination of certain matters relating thereto to the Manager and the Finance Director of the town; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such loan agreement and this resolution and declaring an emergency (John Kmiec) C4 Approval of Regular Council Meeting Minutes from December 18, 2018 and approval of Special Council Meeting - Council Connections Meeting Minutes from January 9, 2019 (Hilary H. Hiser) LIQUOR LICENSES LZ Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a Location/owner Transfer Series #7 Beer and Wine Bar liquor license application submitted by Kevin Arnold Kram.ber on behalf of Hampton Inn & Suites, located at 6300 W. Marana Center Boulevard., Tucson, Arizona 85742. Presented by Hilary H. Hiser, Deputy Town Cleric. Ms. Miser stated staff found no issues With the application and recommended approval. Council Member Kai motioned to approve, with a second provided by Council Member Bowen. The motion passed unanimously, 7-0. BOARDS, COMMISSIONS AND COMMITTEES January 15, 2019 Regular Council Meeting Minutes 4 COUNCIL ACTION Al Ordinance No. 2019.001: Relating to Business Regulations; revising Marana Town Code Title 9 (Business Regulations) by adding a new Chapter 9.12 (Commercial Filming and Photography Permits); and designating an effective date. Resolution No. 2019--003: Relating to Business Regulations; declaring as a public record filed with the Town Clerk the revisions to the Marana Town Code adopted by Marana ordinance No. 2019.001; revising Marana Town Code Title 9 (Business Regulations) by adding a new Chapter 9--12 (Commercial Filming and Photography Permits). Presented by Jane Fairall, Deputy Town Attorney. IVIS. Fairall stated this item would help the Marana Film Office facilitate a permit process for entities using town owned facilities for commercial filming purposes. She stated the addition of the new language would require application and issuance of a permit before filming begins. There is no associated fee with this permit, but it would help the Marana Film Office track filming in the community and assist film producers with location siting and crew referrals. Ms. Fairall stated the permit would also help protect Town owned assets. This permit is strictly limited to commercial filming and photography on Town owned property and excludes news gathering and educational purposes. Ms. Fairall explained the Marana Film office would process the permit and work with other Town departments during the review and approval process. Also, the Marana Film office is responsible for notifying surrounding residents if necessary. Ms. Fairall said there is a review/ appeal process for the denial of a permit. The new town code chapter also requires all permit applicants to provide proof of insurance and to indemnify the Town. She concluded her remarks noting that any violations of the permit are a civil infraction only. Council Member Bowen motioned to approve, with a second provided by Vice Mayor .Post. The motion passed unanimously, 7-0. A2 Ordinance No. 2019.002: Relating to Marana Regional Airport; amending Marana Town Code Title 15 (Marana Regional Airport), Chapter. 15-2 (General Use of Airport); revising section 15-2-20 (Commercial photography or filming); and designating an effective date. Presented by Jane Fairall, Deputy Town Attorney. Ms. Fairall stated this is a minor revision to the Airport code regarding filming and photography which adds language directing interested parties to seek a permit from. the Marana Film office before filming starts. She explained that the Airport Director would still be involved in determining what filming activities could occur on site. Vice Mayor .Post motioned to approve, with a second provided by Council Member .Bowen. The motioned passed unanimously, 7-0. A3 Ordinance No. 2019.003: Relating to Finance; amending the Town of Marana comprehensive fee schedule to add fees for Park Facility Rentals for Commercial January 15, 2019 Regular Council Meeting Minutes 5 Filming and Photography and to modify existing Temporary Business License fee, and designating an effective date Presented by Jane Fairall, Deputy Town Attorney. Ms. Fairall explained this item would add a bundle fee for filming in park facilities. She noted this rental fee includes a temporary business license and the commercial permit required by the Parks department. The bundle is $300 for a full day and $150 for a half day, saving applicants $100. The ordinance would remove language related to temporary business licenses, which currently exclude vendors who do not fit into the category of peddler, but who want to sell items within the Town for 10 days or less, i.e. during festivals and special events. Council Member Kai motioned to approve, with a second provided by Council Member Bowen. The motion passed unanimously, 7-0. A4 Resolution No. 2019-004: Relating to Traffic and Highways; authorizing the use of Town of Marana public right-of-way for trailblazing signs as part of the Arizona Department of Transportation's Urban Logo Sign. Program. Presented by Frank Cassidy, Town Attorney. Mr. Cassidy stated the on December 20, 2018 staff met with representatives from the Arizona Department of Transportation (ADOT) to discuss their Urban Logo Sign Program. ADOT requires a local jurisdiction to participate in the trailblazer sign program.., which locates a small regulatory directional sign at turning points within a jurisdiction's right-of-way to direct drivers to businesses off the interstate. Mr. Cassidy - stated participation in this program would allow the new Hampton Inn & Suites to participate in the ADOT Urban Logo Sign program. Because the Hampton Inn & Suites is not directly located on Twin Peaks Boulevard, but off of Marana Center Drive, would require a trailblazer sign. Council Member Bowen asked which entity is responsible for paying for the signs. Mr. Cassidy responded that the business pays a fee to ADOT for inclusion on the main sign off the interstate and then ADOT pays for the sign. Council Member Bowen motioned to approve, with a second provided by Vice Mayor .Post. The motion passed unanimously, 7--0. A5 PUBLIC HEARING: ordinance No. 2019.004: Relating to Development; amending Title 17 (Land Development) of the Marana Town Code by adding new Chapter 17-10 (Signs); repealing existing Title 16 (Signs) of the Marana Land Development Code; and designating an effective date. Resolution No. 2019-005: Relating to Development; declaring as a public record filed with the Town Clerk new Chapter 17-10 (Signs) of Title 17 (Land Development) of the Marana Town Code adopted by Marana ordinance No. 2019.004. Presented by Brian D. Varney, Senior Planner. Mr. Varney explained that staff revised and revamped the Sign Code from top to bottom over the past eight months. He highlighted several key revisions in the code. January 15, 2019 Regular Council Meeting Minutes 6 Mr. Varney noted that the code was brought into compliance with the 2015 United States Supreme Court decision, Reed v. Toit)n of Gilbert, and ensures the sign code is content natural. The new code also replaces outdated standards and simplified, thus making it more user friendly without sacrificing effectiveness and enforceability. Mr. Varney stated staff created clear and concise standards that are fair and reasonable for the business community, while also preserving the community's appearance. Staff created a planned sign program that requires both staff review and Planning Commission review. He noted that the revised code also includes new standards to encourage the use of enhanced design elements for .freestanding signs and defines sign - premises for commercial and industrial center occupants. Finally, the new code creates a residential subdivision sign program to accommodate temporary on-site and off-site signs for homebuilders. Mr. Varney took a moment to further explain staff's efforts to increase architectural design elements by discussing exceptional sign design. The code provides incentives to applicants to build more atheistically pleasing signs; the Town will provide a 25 percent height increase and 25 percent increase in area. Mr. Varney stated the new definition of sign premises would allow business to use the entirety of the commercial center for advertising. Mr. Varney said this change helps address advertising limitations for the local retail community regarding visibility. other notable changes focus on the use and placement of portable directional signs, portable signs, and quill signs. Transitioning to the revisions of the residential subdivision sign program, Mr. Varney pointed out that the code regulates on-site signs and off-site signs for new subdivisions with a sales office and homes for sale. It also allows for off-site signs on private property with the owner's authorization within a reasonable distance of the subdivision. It does state that multiple builders in the same master -planned community must share signs and a builder with multiple subdivisions in the same area would combine projects on one sign. Mr. Varney explained that the Town's regulatory wayf finding directional sign program would be updated to include builder signs in a single monument style sign structure within the Town's right-of-way with the builder logo and directional arrows. The program operates similarly to the ADOT wayfinding sign program.. He presented council ,with conceptual drawings of the proposed wayf finding signs. Mr. Varney reviewed the planning process for revising the sign code, which included study sessions with the Planning Commission and the Town Council, work sessions, and two public hearings in front of the Planning Commission in October 2018 and November 2018. Mr. Varney noted that the Planning Commission recommended for approval of the draft sign regulations with the condition that staff continue to work with SAHBA regarding the off-site directional signage for the residential subdivision sign program.. Staff did continue discussions with SAHBA. Mr. Varney stated that the Planning, Engineering, and Legal departments re-evaluated the options for residential January 15, 2019 Regular Council Meeting Minutes 7 subdivisions. The group concluded that an excessive amount of signage within the public right-of-way was detrimental to the Town's objective of maintaining clean and attractive roadways. Also, the group concluded that enhancing the existing regulatory wayfinding directional signage program provides homebuilders with an alternative sign that still met their needs. Mr. Varney concluded his presentation by reviewing the efforts of staff to connect with community stakeholders ensuring they were able to provide feedback and recommendations regarding proposed revisions. Council Member Comerford voiced concerns regarding the proposed code and thought the residential portion of the sign code was incomplete because it did not appear to address the needs of the homebuilders. She did not like the idea of limiting directional signs for new subdivisions. Mr. Cassidy responded that the proposed change is only limiting the number of signs for a builder at directional turning points. He stated the change reduces temporary directional signs at multiple turning points and replaces it with a single fixed wayfinding sign in the Town's right-of-way with directions to each builder's subdivision along the route attached to the sign. Council Member Comerford asked what comments staff received from the building community. She stressed that the section addressing residential building signs was incomplete. Council Member Comerford stated the residential building community plays an important role in economic development for the Town and that staff needed to find a way to address the issues identified by the builders. Mr. Cassidy stated that staff is trying to conform to the decision in Reed and keep the code neutral, but also provide standard language regulating signs within the Town's right-of-way. He explained that if the Town limits the number of signs in the right-of- way it will help reduce the visual clutter and improve traffic safety. By diverting the subdivision builders to the Town's regulatory wayfinding program, drivers would be able to follow directions to new subdivisions with easily visible and uniform directional signs maintained by the Town. Mr. Cassidy noted that the proposed residential subdivision sign program is the solution created in response to feedback from SAHBA. Council Member Comerford asked how a commercial sign could be placed in the right- of-way. Mr. Cassidy explained a commercial development would need a license agreement to place a permanent sign in the right-of-way. I Ie noted that temporary real estate signs, which are removed at night, are the only other type of commercial sign allowed in the right-of-way. Council Member Ziegler asked for clarif ication regarding the number of subdivision directional signs. Mrd Cassidy responded that the builders wanted their own individual sign in the right-of-way. However, staff proposed the regulatory wayfinding sign instead, which provides the builder a fixed sign with directional arrows and allows for the use of their logo. Mr. Cassidy stated that at every turning location there would be a regulatory wayfinding sign for the subdivisions similar to the ADOT program used on January 15, 2019 Regular Council Meeting Minutes 8 the interstate. Council Member Ziegler expressed her support of the regulatory wayfinding program for residential subdivisions. Mayor Honea stated that he spoke with a representative from the Metropolitan Pima Alliance and that organization is in favor of the code changes. Public Hearing Speaker Cards: Shawn cote, Southern Arizona Home Builders Association, stated his organization mostly supports the draft except for a few proposed changes. He stated SAHBA would prefer to have directional signs available in the same capacity as other sign users and SAHBA's interpretation of Reed indicates the proposed sign code for homebuilders does not conform to the decision. Mr. Cote also stated that the sign code is on its way to being an effective document, but the code text lacks direction and application regarding the wayfinding program. He asked that homebuilders be treated Just like any other directional sign user and that the code clarify the details of the wayfinding program. He asked Council to direct staff to continue to work with SAHBA on the residential sign program section of the code. Council Member Bowen asked if. SAHBA had any issues with the proposed wayfinding sign as it was graphically presented to Council. Mr. cote stated that they did not vet that program because it is not directly defined in the code and no detail is given. Council Member Bowen pressed Mr. Cote for what other details he needed to see in the code. Mr. Cassidy responded that in 2010 the Town Council adopted the regulatory wayfinding program by resolution and has been using fixed signs in the right--of-way for informational purposes since that time. He further explained that the Town is simply expanding the program and redesigning the sign structure to include directional graphics at each major change in travel direction for subdivision developments. Council Member Bowen confessed to Mr. Cote as to being confused about what SAMBA finds problematic with the proposed code changes. Mr. cote stated their concern is that certain sign users are allowed to use off-site directional signs, which is not consistent with Reed because all sign users are supposed to be treated the same. Also, he noted that the wayfinding program is not defined in the code, but should be included before adoption of the revised code. Council Member Ziegler stated she does not want to clutter the Town's right-of-way and the wayfinding directional sign addresses that issue. She asked how long staff has been working on the code changes. Mr. Cassidy responded that staff has been working on the residential subdivision portion of the code since October 2018. He again emphasized that the wayfinding program is a regulatory program and would not be included in the sign code. Mr. Cassidy stated the sign code is how the Town regulates private signage and the code mentions the wayfinding program as the only way to direct someone to a subdivision. Council Member Comerford asked how the wayfinding program is determined if it is not in the sign code. Mr. Cassidy responded that the wayf in.ding program is a January 15, 2019 Regular Council Meeting Minutes 9 regulatory program adopted by resolution and does not specifically define a sign design, but allows the Town Engineer to determine a standard design. Council Member Comerford stated there are still some questions regarding the proposed code, but it needs more clarification. She wants staff. and SAHBA to continue to work to clarify the code. Council Member officer observed that the sign code requires better enforcement to ensure conformity of the code by all users. He did express support of the wayf finding sign program. proposed. Council Member Comerford motioned to continue Ordinance No. 2019.004 to the next regularly scheduled council meeting, thus allowing staff an opportunity to address the concerns of stakeholders in the building community. Council .Member Bowen provided the second. The motion passed 6-1, with .Mayor Honea voting no. ITEMS FOR DISCUSSION/ POSSIBLE ACTION: D1 Resolution No. 201.9006: Relating to Administration; approving and authorizing the Mayor to execute an Employment Agreement between the Town of Marana and Town Manager TamsheedaMehta. Presented by Jane Fairall, Deputy Town Attorney. Ms. Fairall stated that the Council would need to clarify a start date for the new contract, a salary amount, and the length of terns of the contract. Council .Member Bowen motioned to move to executive session to discuss item E2, with a second provided by Council Member Kai. The motion passed unanimously, 7-0. The Council left the dais at 8:46 p.m. The Council returned to the dais at 10:04 p.m.. Vice Mayor Post stated the Town Council has been fortunate to have Mr. Mehta serve as the Town Manager over the past year. The Council has finished its review of IIIb. Mehta and is pleased to renew Mr. Mehta's contract. Mr. Mehta thanked the Council. Vice Mayor .Post motioned to approve Resolution No. 2019.406 renewing Town Manager Jamsheed Mehta's contract for an additional two years starting on .February 6, 2019 with a salary of $200,000.00, and an annual review by the Town council. Council .Member Bowen provided the second. The motion passed unanimously, 7-0. D2 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 (jamsheed Mehta) 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. January 15, 2019 Regular Council Meeting Minutes 10 El Executive Session pursuant to A.R.S. §38-43-t.03 (A)(3), Council may ask for discussion or consultation for legal advice with Lh.e Town Attorney concerning any matter listed on this agenda. E2 Executive Session pursuant to A.R.S. §38-431.03 (A)(1) to discuss the employment of Town Manager Jamsheed Mehta, including discussion of the terms of the Town Manager's Employment Agreement. FUTURE AGENDA ITEMS Notwithstanding the mayors 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 Honea motioned to adjourn at 10:07 p.m., with a second provided by Vice Mayor Post. The motion passed unanimously, 7- 0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 15, 2019. 1 further certify that a quorum was present. Hilary H. 14ser, Deputy Town Clerk January 15, 2019 Regular Council Meeting Minutes 11