HomeMy WebLinkAbout08/06/2019 Regular Council Meeting Summary Minutes ZICib.
MARANA AZ
ESTABLISHED 1977
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers August 6, 2019, 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
SUMMARY MINUTES
CALL TO ORDER AND ROLL CALL
Mayor Honea called the meeting to order at 7:00 PM and directed the Clerk to call the
roll. Vice Mayor Jon Post; Council Members Dave Bowen, Patti Comerford, Herb
Kai, Roxanne Ziegler and John Officer were present. There were a quorum of council
members present constituting a quorum.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor
Honea.
APPROVAL OF AGENDA
Vice Mayor Post moved and Council Member Comerford seconded the motion to
approve the agenda and removing Item B1 from the agenda. Motion passed,
unanimously: 7-0.
CALL TO THE PUBLIC
Mayor Honea opened the meeting to receive public comments. There were no
comments offered.
August 6,2019 Regular Council Meeting Summary Minutes 1
PROCLAMATIONS
P1 Proclamation declaring August 2019 as "Drowning Impact Awareness Month"
(Cherry L. Lawson)
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Officer reported on the staff of life guards with the Town and praised
them for their ability to step in and save a patron's life. He also reported traffic
concerns with the new CSTEM School in the Dove Mountain area. He praised the
Marana Police for keeping the traffic moving in the area.
Mayor Honea stated he and Council Member Bowen toured the new Marana CSTEM
School opening. It was a grand opening and many citizens came out to the school to
tour it.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mr. Mehta reported on the Council Executive Report stating at the end of July the Town
issued 83 single-family housing permits. Last year at this same time, the Town issued
79 permits.
PRESENTATIONS
CONSENT AGENDA
Vice Mayor Post moved and Council Member Bowen seconded the motion to approve
the Consent Agenda by Roll Call vote.
Ayes: Mayor Honea, Vice Mayor Post, Council Members Bowen, Comerford, Kai,
Officer and Ziegler. Motion passed, unanimously: 7-0.
Nays: None
Cl Resolution No. 2019-063: Relating to Special Events; approving and authorizing
the Mayor to execute an agreement between the Town of Marana and Perimeter
Bicycling Association of America, Inc. regarding financial support for the 2019 El Tour
de Tucson 25-Mile Start Line event (Jim Conroy)
C2 Resolution No. 2019-064: Relating to the Police Department; approving and
authorizing the Town Manager to execute a High Intensity Drug Trafficking Area
(HIDTA) grant agreement between the City of Tucson (COT) and the Town of Marana
to receive funding under COT Grant Number HT-19-2915 (Kristin Taft)
August 6,2019 Regular Council Meeting Summary Minutes 2
C3 Resolution No. 2019-065: Relating to the Police Department; approving and
authorizing the Mayor to execute the First Amendment to an intergovernmental
agreement with Pima County for funding of the Pima County Mapping Administrator
Position (Jane Fairall)
C4 Resolution No. 2019-066: Relating to Development; approving a final plat for Del
Webb at Dove Mountain IX, Lots 596-625 and Common Area "A" (Drainage/Open
Space) located south of Dove Mountain Boulevard and west of Del Webb Trail (Brian D.
Varney)
C5 Resolution No. 2019-067: Relating to Boards, Commissions and Committees;
revising the procedures for the Marana Citizens' Forum relating to establishing a
quorum and the removal of delegates (Jane Fairall)
C6 Resolution No. 2019-068: Relating to Personnel; establishing the Marana Health
Care Benefits Trust for the Town's self-insurance program for health and dental
insurance benefits as required by A.R.S. §11-981, and approving and authorizing the
Mayor to execute the Trust Document (Jane Fairall)
C7 Resolution No. 2019-069: Relating to the Police Department; approving and
authorizing the Mayor to execute an intergovernmental agreement by and between the
Town of Marana and the City of Tucson for use of the Southern Arizona Law
Enforcement Training Center (SALETC) (Libby Shelton)
C8 Resolution No. 2019-070: Relating to Police Department; approving and
authorizing the Chief of Police and the Town Manager to execute GOHS contract
number 2019-405c-005 between the State of Arizona by and through the Governor's
Office of Highway Safety (GOHS) and the Town of Marana for grant funding for the
AzTraCS Implementation Program; and authorizing the transfer of necessary budget
authority to cover grant related expenditures (Kristin Taft)
C9 Resolution No. 2019-071: Relating to Police Department; approving and
authorizing the Chief of Police to execute a Task Force Agreement between the United
States Department of Justice, Drug Enforcement Administration and the Marana Police
Department for Fiscal Year 2020 (Kristin Taft)
C10 Resolution No. 2019-072: Relating to Parks and Recreation; approving and
authorizing the Mayor to execute an agreement to contribute funds between the Town
of Marana and the Central Arizona Water Conservation District (CAWCD) for
improvements to the Central Arizona Project (CAP) Access Road to serve the CAP
Trailhead and Trail within the Town of Marana (Jane Fairall)
August 6,2019 Regular Council Meeting Summary Minutes 3
C11 Resolution No. 2019-073: Relating to Development; approving a release of
assurances for the Camino De Oeste subdivision and accepting public improvements
for maintenance (Keith Brann)
C12 Resolution No. 2019-074: Relating to Development; amending the definition of
Cumulative Maximum Annual Debt Service in the Town of Marana Policy Guidelines
and Application Procedures for the Establishment of Community Facilities Districts
(Yiannis Kalaitzidis)
C13 Ordinance No. 2019.016: Relating to Business Regulations; adopting revisions to
Marana Town Code Title 9 (Business Regulations); revising section 9-1-2 (Definitions) to
amend the definition of "residential real property rental" and to add a definition of
"vacation rental" or "short-term rental"; adding new section 9-2-4 (Vacation rental or
short-term rental contact information) and renumbering the sections that follow to
conform; revising section 9-3-3 (Exemptions) to clarify an exemption related to
peddlers; revising section 9-13-5 (Additional application requirements) to clarify
application requirements for mobile food vendors; and declaring an emergency (Jane
Fairall)
C14 Ordinance No. 2019.017: Relating to Finance; amending the Town of Marana
Comprehensive Fee Schedule; and designating an effective date (Yiannis Kalaitzidis)
C15 Relating to Procurement; ratifying the Town Manager's approval of two change
orders to the Pavex Corp. construction contract for the Airport Rehabilitation of
Taxiways, Tie Downs, Helicopter pad, and Terminal Apron (AP025) project in the
amounts of $71,926.91 and $188,418.76; authorizing the transfer of appropriations if
necessary for the change orders; and authorizing the Town Manager or designee to
execute the necessary documents to effectuate the change orders (Steve Miller)
C16 Approval of the Regular Council Meeting Summary Minutes of June 18, 2019
(Cherry L. Lawson)
LIQUOR LICENSES
Council Member Ziegler moved and Vice Mayor Post seconded the motion to approve
and submit to the DLLC an order recommending approval of a new Series 7 Beer and
Wine Bar Liquor License application submitted by Brian Euaine Vance on behalf of
Catalina Brewing Company, located at 6918 N. Camino Martin, Suite #120, Tucson,AZ
85741. Motion passed, unanimously: 7-0.
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding a new series 7 Beer and Wine bar liquor license
application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company
August 6,2019 Regular Council Meeting Summary Minutes 4
located at 6918 N. Camino Martin Suite #120, Tucson, Arizona 85741 (Cherry L.
Lawson)
Cherry Lawson, Town Clerk provided a brief overview of this item stating staff
recommends an order recommending approval be submitted to the DLCC for this
liquor license application.
BOARDS, COMMISSIONS AND COMMITTEES
B1 Resolution No. 2019-075: Relating to Boards, Commissions and Committees;
approving the appointment of John Beale to the Marana Public Safety Personnel
Retirement System (PSPRS) Local Board (Cherry L. Lawson) Item removed from the
agenda.
COUNCIL ACTION
Council Member Bowen moved and Council Member Kai seconded the motion to adopt
Ordinance No. 2019.018, amending Title 17 (Land Development) of the Marana Town
Code by adding new Chapter 17-9 (Parking); repealing existing Title 22 (Off-Street
Parking and Loading) of the Marana Land Development Code; and designating an
effective date, as well as Resolution No. 2019-076 declaring as a public record. Motion
passed, unanimously: 7-0.
Al PUBLIC HEARING: Ordinance No. 2019.018: Relating to Development;
amending Title 17 (Land Development) of the Marana Town Code by adding new
Chapter 17-9 (Parking); repealing existing Title 22 (Off-Street Parking and Loading) of
the Marana Land Development Code; and designating an effective date (Steven
Cheslak)
Resolution No. 2019-076: Relating to Development; declaring as a public record
filed with the Town Clerk new Chapter 17-9 (Parking) of Title 17 (Land Development)
of the Marana Town Code adopted by Marana Ordinance No. 2019.018 (Steven
Cheslak)
[7:21 PM Minutes] Mayor Honea opened the Public Hearing on this item. There were
no comments offered by the public.
[7:39 PM Minutes] Mayor Honea closed the Public Hearing.
Steven Cheslak, Principal Planner providing an overview of this item stating, this
presentation is on the Parking Code and the updates. Staff is currently working on the
Land Development Code as this is a part of that Code. He provided the following
timeline for the new Parking Code adoption as provided below:
August 6,2019 Regular Council Meeting Summary Minutes 5
• Timeline for the new Parking Code adoption
o July 25 , 2018: Planning Commission Study Session
o September 11, 2018: Town Council Study Session
o 2018-2019: Public and stakeholder feedback
o May 29, 2019: Planning Commission Public Hearing
o August 6, 2019: Town Council Public Hearing for Code adoption
The Town did receive positive feedback on the amendments to the Code, and all felt
that this was a move in the right direction. Mr. Cheslak explained the amendments
stating the Code was adopted in 1995 as many changes over time have occurred.
Different sections of the Code has been updated. He provided the below overview
(PowerPoint Presentation is available on the Town's website and in the Town Clerk's Office).
Removal of duplicated regulation and requirements
Newer, Revised Code Regulation Exists
• Found in Development Engineering sections
o Points of Access (number and location)
o Traffic Control (street connections)
o Surfacing (type of paving)
o Drainage (grading)
o Curbing (location and dimension)
• Found in Planning sections
o Landscaping (percentage)
o Residential Parking (setbacks and size)
New Parking Lot Design Additions
• Compact Car Allowance
o Up to 30% of total parking spaces
• Greater than 100 parking spaces
o Parking lot division required
■ Landscaped swale
■ Landscaped pedestrian path (10' wide)
■ Primary or accessory building placement
• Greater than 400 parking spaces
o Must incorporate stormwater management techniques
■ Landscape areas may be credited against larger on-site
detention/retention basins
• Bicycle Parking
o Criteria for location and design
Mr. Cheslak continued stating when the Town reviewed the parking lot requirements
in the 1990s', at that time it was ratio-based use. For example, if you had a business
office you had one space for every 300 sq. ft. space used. From that time until today,
much has changed. One of the biggest changes has been Amazon as it has changed the
August 6,2019 Regular Council Meeting Summary Minutes 6
way in which the public shops. This change in retail shopping has changed the
functionality of parking lots; that is, providing for online pickup and delivery of items.
The Town is now proposing a Parking Justification Analysis, whereby the
owner/operator informs the Town of its need for parking spaces. It allows for the
owner to create the parking spaces that it needs for its business operation; they will tell
us what the demand is for parking, what space they will use, where the data came from
to support the request, the hours of operation, is parking being shared with others,
where is the parking located, and any impacts to the neighborhood. Staff tried to cover
many areas within the proposed Parking Code Update. Mr. Cheslak explained the
requirements of the Parking Justification Analysis, stating staff can approve or reject the
plan with a written statement. Once the owner/operator has received a response, they
can revise their plan or appeal it to the Board of Adjustment. The Town is offering
businesses with an opportunity to define its requirements for parking for its customers
in a flexible manner.
Mr. Cheslak stated staff recommends the adoption of Ordinance No. 2019.018 along
with the accompanying Resolution No. 2019-076 declaring as a public record filed with
the Town Clerk new Chapter 17-9 (Parking) of Title 17 (Land Development) of the
Marana Town Code.
Vice Mayor Post asked whether staff looks at parking requirements whenever a
business obtains an occupancy permit—referring to a new or reestablished business
owner up-starting a business when the business is new from the former existing
business. Mr. Cheslak stated the Town currently practices this process. There may be
some problems initially in certain areas such as a dirt area used for overflow, the Town
will not issue a building permit as the business will need to address those issues. The
Town cannot say 'no' to a use. He continued with providing examples of parking
requirements for different types of businesses.
Council Member Bowen stated the requirement of a Parking Justification Analysis
appears to be a form of a study that may prove to be an additional expense to the
business owner. Mr. Cheslak responded stating it depends upon the magnitude of the
size of the business whereby the Town can request a traffic study be provided. The
Town can ask for what is needed along the way. For example, if it is a small business,
the owner can submit notes written on its plan indicating the hours of operations and
the number of parking spaces. This could be a brief narrative from the owner or its
engineers. Council Member Bowen stated in reality the submission can be short in
description. Mr. Cheslak confirmed stating the traffic study may likely be required for
those large organizations that setup a business within the community that may likely
impact the flow of traffic.
August 6,2019 Regular Council Meeting Summary Minutes 7
Council Member Kai asked whether the proposed update has any stipulations for
overnight parking. Mr. Cheslak responded stating typically those are in the Code as a
violation or Code Enforcement related activity.
Council Member Ziegler stated she is in favor of the parking lot justification ideology
of analysis is based upon the needs of the business, and not the Town informing owners
of what they should have. She commended staff for this change in the Code.
A2 Resolution No. 2019-077: Relating to Utilities; adopting a notice of intention to
increase water and wastewater rates, rate components, fees, and service charges over a
multi-year (2020-2024) period; and setting an October 15, 2019 public hearing on the
proposed increases (Scott Schladweiler)
Council Member Kai moved and Vice Mayor Post seconded the motion adopting a
notice of intention to increase water and wastewater rates and fees, over a multiple-
year period, and setting a public hearing for October 15, 2019. Motion passes,
unanimously: 7-0.
Scott Schladweiler, Interim Water Director provided a brief overview on this item
stating the Town of Marana engaged Raftelis to provide consulting services to conduct
a rate analysis for Town water and wastewater rates and fees to assure they are meeting
cost of service needs for the upcoming five years of water and wastewater operations.
On June 18, 2019, Raftelis and Town staff presented the preliminary findings to Mayor
Honea and Council.
The main objective of the rate study securing water resources for our current and future
customers, funding systems improvements and preventative maintenance plans,
developing and funding a reserve policy, ensuring timely payment of debt obligations,
as well as a rate schedule that provides revenue stability and promotes conservation.
One of the other items addressed was an outreach plan. Staff have been diligently
working on an outreach plan, and have two tentative dates for public meetings,
September 12 in north Marana and September 26 in south Marana. At this time, those
dates are tentative. They are also looking into doing social media posts—they are
developing a website that will have an overview of rate study requirements and other
general information for customers. Staff will also participate in community
conversations.
Based on this rate analysis, Town staff is proposing a five-year rate plan. The first
increase would go into effect on January 1, 2020, should the rate plan be approved, and
would adjust annually in January until 2024. Arizona law (A.R.S. §9-511.01) requires
the Town Council to adopt a notice of intention to increase water and wastewater rates
and fees, and set a date for the public hearing on the proposed increases at least 60 days
after the notice of intention is adopted. Staff is recommending approving Resolution
No. 2019-077 adopting a notice of intention to increase water and wastewater rates, rate
August 6,2019 Regular Council Meeting Summary Minutes 8
components, fees, and service charges over a multi-year (2020-2024) period; and setting
an October 15, 2019 public hearing on the proposed increases.
A3 Resolution No. 2019-078: Relating to Real Estate; vacating a portion of the public
right-of-way of Tangerine Road east of "Breakers Road" fronting the property owned
by Premier RV Storage, LLC (Frank Cassidy)
Vice Mayor Post moved and Council Member Ziegler second the motion adopting
Resolution No. 2019-078, vacating a portion of the public right-of-way of Tangerine
Road east of Breakers Road fronting the property owned by Premier RV Storage.
Motion passes, unanimously: 7-0.
Frank Cassidy, Town Attorney stated at the former Park-N-Shade location located east
of Breakers Road off of Tangerine, now Premier RV. In 2003 Park-N-Shade dedicated
the Town 150 feet of right-of-way in front of that property in two separate deeds. If for
some reason it is not needed in the future, it would be abandon back to the then
property owner. Once Premier purchased the property, the Town received earlier this
year a request for abandonment of a larger strip of right-of-way. Town Engineer, Keith
Brann reviewed the area and studied it in light of the design concept report for Phase 2
of Tangerine Road. Actually, we will need a Frontage Roadway to serve the business
along the way (referring to the map).
He stated, even with having a Frontage Road, there is sufficient right-of-way to release
25 feet to them. Their parking lots are partially within the right-of-way; they would
have to have a license agreement with us for nearly everything. They would still need
to have a license with the Town, but that will permit them to have the parking on their
own property. Once that area becomes a Frontage Road, they will still have access to
that Frontage Road area. According to Mr. Brann there will not be enough traffic and
therefore, will not be a problem.
Within the draft resolution and the deed, the Town reserved a Temporary Construction
Easement in the event the Town has to go into the 25 ft. area of the construction in
Phase 2, the Town will be able to do that. The Town feels that it is appropriate to
abandon the 25 feet back to the property owner.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D1 Relating to Development and Public Works; update, discussion, and possible
direction regarding public and private projects and development applications on the
Town's Marana Current and Proposed Projects internet site (Jamsheed Mehta)
Jason Angell, Development Services Director provided an overview and update of
those projects occurring within the Town of Marana limits. Council Member Ziegler
commented on the adult retail store, Fascination on Ina Road. She complimented staff
August 6,2019 Regular Council Meeting Summary Minutes 9
on their efforts to provide in keeping the Mayor and Council abreast of new businesses
coming into the area.
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)
Jamsheed Mehta, Town Manager stated there is no news from the legislature;
however, the Town will become very active with the Pima County Association of
Government (PAG) and the RTA plan. He and Town Engineer, Keith Brann visited
with the leadership there and the Town has been asked to prepare for a presentation to
the Citizens Advisory Committee of the RTA looking toward the RTA Plan 2. We are
preparing for that as to what Marana will likely be concerned with and of those areas
that Marana would be most interested in presenting. They expect other jurisdictions
would make presentations to the Citizens Advisory Committee. At this point, the Town
plans on addressing each one of the goals that have been provided by the RTA.
He stated there was some reference to maintaining roadways in the future as well as
paying or financing transit services for areas that Marana does not currently have as
priority in comparison to other entities.
Vice Mayor Post asked whether the Town will be presenting a Council approved
project to the PAG or present a staff approved one instead. Mr. Mehta responded
stating at this time, the Town will review its priorities that are within our current
transportation section of the General Plan which includes a significant number of
capital projects. Vice Mayor Post stated Marana will go in with those items that have
been previously approved by Council. Mr. Mehta confirmed.
Council Member Ziegler questioned whether Marana has a representative on RTA
Advisory Board. Mr. Mehta stated Marana does have representatives on the Citizen
Advisory Committee. Mayor Honea stated Marana has three (3) representatives on the
CAC. Mr. Mehta stated he would provide a Council with the three individuals from
Marana.
EXECUTIVE SESSIONS
El Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for
discussion or consideration, or consultation with designated Town representatives, or
consultation for legal advice with the Town Attorney, concerning any matter listed on
this agenda for any of the reasons listed in A.R.S. §38-431.03 (A).
E2 Executive Session pursuant to A.R.S. § 38-431.03 (A)(1) for discussion,
consideration and possible interviews of candidates for appointment to the Town of
Marana Public Safety Personnel Retirement System (PSPRS) Board.
August 6,2019 Regular Council Meeting Summary Minutes 10
E3 Executive session pursuant to A.R.S. § 38-431.03(A)(4) to consider the Council's
position and instruct the Town's attorneys regarding settlement discussions to resolve
litigation in Mandarina v. Town of Marana, Pima County Superior Court case number
C20161982, and Town of Marana v. Mandarina, Pima County Superior Court case
number C20184425.
[8:02 PM Minutes]
Council Member Kai moved and Council Member Bowen seconded the motion to enter
into an Executive Session Meeting pursuant to A.R.S. § 38-431.03(A)(4) to consider the
Council's position and instruct the Town's attorneys regarding settlement discussions
to resolve litigation in Mandarina v. Town of Marana, Pima County Superior Court
case number C20161982, and Town of Marana v. Mandarina, Pima County Superior
Court case number C20184425. Motion passes, unanimously: 7-0.
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
Vice Mayor Post moved and Council Member Bowen seconded the motion to adjourn
the meeting. Meeting adjourned at 8:56 PM.
Motion passed, unanimously: 7-0. (Viva voce)
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council meeting held on August 6, 2019. I further certify that a quorum was present.
Or r°'‹ Zid ,,__
Cherry L. La son, Town Clerk
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MARANA AZ
ESTABLISHED 1977
August 6,2019 Regular Council Meeting Summary Minutes 11