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HomeMy WebLinkAbout10/15/2019 Regular Council Meeting Summary MinutesMARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers October 15, 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 (Excused); Council Members Dave Bowen, Patti Comerford, Herb Kai, Roxanne Ziegler (Excused) and John Officer were present. There was a quorum of council members present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Eagle Scouts Pac #261 APPROVAL OF AGENDA Council Member Kai moved and Council Member Bowen second the motion approving the Agenda and removing Item D3. Motion passes, 5-0. CALL TO THE PUBLIC Mayor Honea open the meeting to receive public comments. There were no members of the public wishing to provide public comment. October 15, 2019 Regular Council Meeting Summary Minutes 1 PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Bowen stated he had attended the Oro Valley State of the Town Address it was very well attended, and well done. He appreciated the opportunity to be able to hear the address for Mayor Winfield. Council Member Comerford reminded the Council and community of the Fall Festival on Saturday, October 19. Council Member Officer thanked the Town staff for the opportunity to get out and speak with the public while attending the Community Connections. It was really informative and he appreciate the efforts of Town staff. Mayor Honea stated he attended the Oro Valley State of the Town Address as it was a good opportunity to network. Mayor Joe Winfield did an excellent job in his presentation. He also attended one of the Community Connections previously at Dove Mountain, and staff was very good communications with members of the public. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Jamsheed Mehta reported there is no meeting of Council on Tuesday, October 22, 2019. However, with the significant number of topics that the Town has, a meeting has been planned for Tuesday, October 29, 2019 at 6 PM. PRESENTATIONS P1 Relating to Budget; presentation of preliminary year-end results (July -June) for the Town's General Fund and other selected major funds for the 2018-2019 fiscal year (Yiannis Kalaitzidis) Finance Director Yiannis Kalaitzidis provided a PowerPoint Presentation overview of the preliminary year-end results (July -June) for the Town's General Fund and other selected major funds for the 2018-2019 fiscal year. (A copy of the PowerPoint is available on file in the Town Clerk's Office.) CONSENT AGENDA Council Member Kai moved and Council Member Bowen second the motion to approve the Consent Agenda as presented. Motion passes, 5-0. October 15, 2019 Regular Council Meeting Summary Minutes 2 C1 Resolution No. 2019-100: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Arizona Board of Regents on behalf of the University of Arizona and the Town of Marana for transportation engineering services and related research (Libby Shelton) C2 Resolution No. 2019-101: Relating to Development; approving a final plat for Camino de Oeste, Lots 28,109,110 & Common Area "A", a re -plat of Lots 28,109,110 & Common Area "A" of the original Camino de Oeste Final Plat, located at 8671 N. Camino de Oeste (Steven E. Vasquez) C3 Resolution No. 2019-102: Relating to Development; approving a final plat for Gladden Farms Block 30, Lots 1-136, Block "A" and Common Areas "A-1" through "A-8" and "B-1" through "B-9" located northwest of the intersection of Midfield Road and Mike Etter Boulevard (Brian D. Varney) C4 Resolution No. 2019-103: Relating to Development; approving a final plat for Marana Main Street, Blocks 6, 7, 8 & 11 through 17, a re -plat of. Blocks 6, 7 and 8 of the original Marana Main Street Plat, located approximately at the northeast corner of Sandario Road and Marana Main Street (Steven E. Vasquez) C5 Resolution No. 2019-104: Relating to Utilities; approving and authorizing the Mayor to sign a one-year extension of the intergovernmental agreement between the Town of Marana and Pima County for provision of water consumption data and sewer user account billing services (Scott Schladweiler) C6 Resolution No. 2019-105: Relating to the Police Department; approving and authorizing the Chief. of Police to execute an Interagency Service Agreement by and between the Town of Marana and the Arizona Department of Transportation for use of Arizona Traffic and Criminal Software (AzTraCS) (Libby Shelton) C7 Resolution No. 2019-106: Relating to Municipal Court; approving the reappointment of Dixie DeBonis and Kimberly Epling as civil traffic violation hearing officers for the Marana Municipal Court (Laine Sklar) C8 Approval of the Regular Council Meeting Summary Minutes of October 1, 2019, and the Study Session Meeting Summary Minutes of September 24, 2019 (Cherry L. Lawson) LIQUOR LICENSES Town Clerk Cherry Lawson provided an overview of the Liquor License application for a Location/ Owner Transfer series #006 Bar liquor license application submitted by Thomas Robert Aguilera on behalf of Casa Marana Craft Beer + Wine located at 8225 N. Courtney Page Way #191 Tucson, Arizona 85741, and stated Town Staff recommends October 15, 2019 Regular Council Meeting Summary Minutes 3 an order recommending approval be submitted to the DLLC for the requested application. Council Member Bowen moved and Council Member Kai second the motion approving a recommendation be sent to the DLLC for Location/Owner Transfer series #006 Bar liquor license application submitted by Thomas Robert Aguilera on behalf of Casa Marana Craft Beer + Wine located at 8225 N. Courtney Page Way #191 Tucson, Arizona 85741. Motion passes, 5-0. L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a Location/Owner Transfer series #006 Bar liquor license application submitted by Thomas Robert Aguilera on behalf of Casa Marana Craft Beer + Wine, located at 8225 N. Courtney Page Way #191 Tucson, Arizona 85741. BOARDS, COMMISSIONS AND COMMITTEES Town Attorney Frank Cassidy provided a brief overview of the item stating this is the Town's standard process for establishing a Council Subcommittee to review submitted applications and make a recommendation to the full Council. Mayor Honea stated the Council spoke of this a couple of months back, and decided that there would not be any Council Members on the Committee. However, Mr. Kalaitzidis will be on the committee and four of the seven applicants need to be submitted to Council for approval. He asked for three Council volunteers for the Committee. Council Members Bowen, Kai and Comerford agreed to volunteer for the Committee, with Council Member Bowen serving as Chair. Council Member Kai moved and Council Member Bowen second the motion to approve Resolution No. 2019-107. Motion passes, 5-0. B1 Resolution No. 2019-107: Relating to Boards, Commissions and Committees; establishing a special council committee to receive and review applications for and make recommendations to the Town Council regarding appointment of trustees for the Marana Health Care Benefits Trust; and authorizing the Mayor to appoint three members of the Marana Town Council to the special committee (Jane Fairall) COUNCIL ACTION Water Director Scott Schladweiler provided a PowerPoint Presentation (a copy of the PowerPoint is on file in the Town Clerk's Office) on this item stating the Town engaged Raftelis approximately one year ago to start a rate study to evaluate Marana's Water and Water Reclamation Rate Fees. One of the first steps the Town took was to establish goals and objectives for this study. He provided the Goals and Objectives as follows: October 15, 2019 Regular Council Meeting Summary Minutes 4 • Securing of current and future water resources • Fund system improvements • Fund preventative maintenance programs • Develop and fund a reserve policy • Ensure timely payment of annual debt obligations • Development of rates that provide revenue stability and promote conservation Mr. Schladweiler then explained the rate study schedule of events that had occurred as well as those to follow. (A copy of the slide is on file in the Town Clerk's Office.) Town staff is recommending adoption of Ordinance No. 2019.021 and Resolution No. 2019-108 [7:25 PM Minutes:] Mayor Honea open the Public Hearing to receive testimony. There were no comments. [7:26 PM Minutes:] Mayor Honea closed the Public Hearing. Council Member Comerford moved and Council Member Bowen second the motion approving Ordinance No. 2019-021 and Resolution No. 2019-108. Motion passes, 5-0. Al PUBLIC HEARING: Ordinance No. 2019.021: Relating to Utilities; amending the Town of Marana comprehensive fee schedule by successively increasing the water base fee, water consumption rates, groundwater resource/ acquisition fee, monthly wastewater service fee, and wastewater volume charge for all Marana residential and non-residential water and wastewater customers effective January 1, 2020, January 1, 2021, January 1, 2022, January 1, 2023, and January 1, 2024 (Scott Schladweiler) Resolution No. 2019-108: Relating to Utilities; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2019.021, amending the Town of Marana comprehensive fee schedule by successively increasing the water base fee, water consumption rates, groundwater resource/ acquisition fee, monthly wastewater service fee, and wastewater volume charge for all Marana residential and non-residential water and wastewater customers effective January 1, 2020, January 1, 2021, January 1, 2022, January 1, 2023, and January 1, 2024 (Scott Schladweiler) Town Attorney Frank Cassidy recalled an earlier conversation with Council related to the medical marijuana initiative adoption stating Marana placed into its Land Development Code a provision about making available up to two (2) Conditional Use Permits for medical marijuana dispensaries. Those provisions in the Land Development Code was focused primarily on the operator of the dispensary. There was no real discussion on how the property owner rights were relative to the conditional use permits. He explained that a Conditional Use Permit is for a particular property. The assumption of the property owners were that the CUP went with the property owner; October 15, 2019 Regular Council Meeting Summary Minutes 5 however, the existing language was unclear. The Town was approached by one of the property owners who pointed out that, once a dispensary has been operating for three (3) years, that dispensary could move to any place in Arizona. As Council may recall when the Town set this up, owners had to stay within a Community Health Area (CHA). There are two (2) overlapping CHA's in Marana. The concern of the property owner was that the dispensary would move to the Phoenix area where there may be more of a customer base, and would likely result in the owner having spent a considerable amount of money for a facility that is perfectly design for a medical marijuana dispensary. The owner was concerned that he would have to obtain a new CUP. Mr. Cassidy explained this provision looks to resolve those concerns and makes clear that the CUP stays with the property owner and the property owner has rights to that CUP, it is not just the applicant. There are two (2) different alternative ordinances whereby Alternative 1 leaves the dispensary in the Town of Marana. If a dispensary operator became upset with the land owner, they would not be able to obtain a new CUP in Marana, until the land owner CUP lapse. Alternative 2 makes an exception to the two dispensary cap for that unique circumstance. In going through the public hearing process, the Town has spoken with property dispensary operators and property owners, and the dispensary operators have always understood that there is a two dispensary CUP cap. He does not perceive any concerns from them at this time regarding Alternative 1 of the ordinance, and the property owners also likes it. Town staff recommends Council adopts Alternative 1 ordinance. [7:27 PM Minutes:] Mayor Honea open the Public Hearing to receive testimony. Mayor Honea asked of the two dispensaries one of which is located on Ina Road, he asked whether the CUP is with the building. Mr. Cassidy replied stating of both locations, the one on Ina Road and the one on Travel Center Drive the property owner is different from the dispensary operator. The Ina Road location, the Town recently issued a CUP amendment, that dispensary crosses the property line. It is in the building next to the river, and have expanded the property to what was formerly Tank Greens property. With the CUP there would likely be an expansion plans submitted to the Town so that they can expand its growth space. [7:29 PM Minutes:] Mayor Honea closed the Public Hearing, as there were no comments offered. Council Member Bowen moved and Council Member Kai second the motion approving Ordinance 2019.022 Alternative 1. Motion passes, 5-0. A2 PUBLIC HEARING: Ordinance No. 2019.022: Relating to Development; amending Marana Town Code Title 17 (Land Development) by revising section 17-6-14 October 15, 2019 Regular Council Meeting Summary Minutes 6 (medical marijuana dispensary) to clarify the rights of a property owner under a medical marijuana dispensary conditional use permit; and considering whether to create related exceptions to the limitation on the number of permitted medical marijuana dispensaries (Frank Cassidy) ITEMS FOR DISCUSSION/ POSSIBLE ACTION Assistant to the Town Manager Heath Vescovi-Chiordi provided an overview of this item requesting a fee waiver cap on development related fees totaling no more than $30,000 for new development in the Town of Marana called Sol Dog Lodge. This figure was determined in conjunction with Development Services and Engineering Departments and only covers development related fees including: permitting, engineering and review. It does not include impact fees or any fees to any impact fund within the Town. Sol Dog is a local non-profit 501(c)(3) organization that provides integral services to people and animals alike within the Marana community. Sol Dog has purchased four (4) acres of land on the eastside of Interstate 10 on Tangerine Road in the area of Tangerine Business Park, block 9. Due to increased business, they have been overflowing with capacity issues, and are looking to expand its service capacity by building a multi -phase, multi -building campus totaling approximately 18,000 sq. ft. within the Town. At total build -out, the facility will include a combination boarding, kenneling, medical, animal training, community space, foster and many other services related to animal care and control. From the beginning of this process, Sol Dog has not looked to have its business established outside of Marana. It is expected to serve upwardly 5,000 dogs and families per year with the new facility on this new campus. With the addition of this new development, the Town will benefit greatly from an organizational standpoint and as well as for the Marana community. More development in this area has been identified as an economic development activity center which satisfies initiatives in both strategic and economic plans. Marana Police Department would benefit from having a small satellite office there which would provide officers an opportunity to stop and complete paperwork and drop off animals when necessary. Marana Animal Care and Control would also in the form of partnerships including the opportunity to expand existing services, as well as venture into new partnerships such as veterinary, emergency and kenneling services, animal training and spade and neutering clinics and more. For this development, approximately 14 fees are related to engineering and review and permitting are permissible. The Town anticipates the cap of $30,000 would satisfy the entirety of phase 1 of Sol Dog development, and would subsequently provide for future phases. Town staff has reviewed this item and is recommending approval of the ordinance. October 15, 2019 Regular Council Meeting Summary Minutes 7 Council Member Kai asked about the noise level of the animals on-site and whether the noise will impact neighboring business owners. Mr. Vescovi-Chiordi replied stating in a conversation was had with the former Development Services Manager Ryan Mahoney about the issue, and it was up to the discretion of the Planning Manager to make that call, and that has been carried forward. There would not be a noise issue for the surrounding businesses or neighbors. Council Member Bowen stated the business started as a temporary shelter for animals where owners face emergency situations, and later be reunited. There are a number of other services that this organization wish to provide. He asked in the event animals cannot be reunited with its owner, how situations like this are handled. Mr. Vescovi- Chiordi replied stating it his understanding there is a pre-existing relationship with the Humane Society. Executive Director of Sol Dog Lodge Valerie Polar stated they work very closely with the Humane Society and other rescues. If they are not able to accommodate, they have a wide resource bank of organizations that they can contact in order to provide those services. Council Member Bowen asked whether this type of service is widely needed within the community. Ms. Polar affirmed that this service is needed and they are providing it now, and having the facility allows them the ability to increase the service level. She explained that Sol Dog Lodge has a Memorandum of Understanding (MOU) with the Humane Society (HS) where the HS would do the intake on an animal and contact Sol Dog to take custody, board and reunite it with its family. Council Member Bowen asked whether Sol Dog will provide for adoptions or work with other agencies. Ms. Polar stated Sol Dog will provide for adoptions; however, its goal is to advertise for all rescues on campus. Mayor Honea asked whether Sol Dog Lodge only accepts dogs or will it accept other animals. Ms. Polar stated it is for dogs only. Council Member Kai asked for an approximate number of animals that Sol Dog Lodge will have at any given time. Ms. Polar stated they are building 62 kennels; they can have up to 120 in its kenneling program, but that they have training, dog day care and grooming. In any given day, there may be several hundred animals passing through its indoor facility. Mayor Honea stated Marana Water is in that area; Sol Dog could get water from the Town. He asked whether Sol Dog would have to have an industrial septic for waste. Ms. Polar stated Sol Dog will have a septic system. Council Member Comerford shoved and Council Member Bowen second the motion approving Ordinance No. 2019.023 exempting the Sol Dog Lodge development project from certain Town of Marana development and building fees in an amount up to $30,000. Motion passes, 5-0. October 15, 2019 Regular Council Meeting Summary Minutes 8 D1 Ordinance No. 2019.023: Relating to Finance; exempting the Sol Dog Lodge development project from certain Town of Marana development and building fees in an amount up to $30,000 (Heath Vescovi-Chiordi) Water Director Scott Schladweiler provided a brief PowerPoint Presentation (on file in the Touln Clerk's Office) regarding proposed changes to the Town of Marana comprehensive fee schedule to add or increase fees for water and water reclamation services. The last cost service non -rate fee study was conducted in 2009. There were some fees that were updated as of 2015. Below is a highlight of the presentation. Background and Summary • Last update to non -rate service fees was in 2009 • Ensure that service fees are equitable and meet the cost of the services provided Summary of Changes* ('All other fees remain unchanged) • 1 new fee • 2 deleted fees • 4 increased fees • 7 decreased fees He provided an overview of those fees that he is proposing to decrease, increase as well as the next steps in the process, and ask for directions from the Council as to proceeding forward with the recommendation. Council Member Kai inquired about the re -reading of meters relating to spikes in the water cost. He asked whether the Town has the capability to notify customers related to abnormalities in their water usage. Mr. Schladweiler stated Town staff will contact the customer by phone when there is a spike in the usage amount. Staff will go out to the home to conduct a data log to review the usage on the account. The Town will actually do a re -read when requested by the customer. Council Member Bowen moved and Council Member Kai second the motion directing staff to bring back to Council a proposed fee schedule to Council for its consideration on December 17, 2019. Motion passes, 5-0. D2 Relating to Utilities; presentation, discussion and possible direction regarding proposed changes to the Town of Marana comprehensive fee schedule to add or increase fees for water and water reclamation services (Scott Schladweiler) D3 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the October 15, 2019 Regular Council Meeting Summary Minutes 9 Town's Marana Current and Proposed Projects internet site (Jason Angell) Item removed from the agenda. D4 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) Town Manager Jamsheed Mehta did not have a report at this time to provide. EXECUTIVE SESSIONS E1 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)(4) to consider the Council's position and instruct the Town's attorneys regarding settlement discussions to resolve litigation in Ashley v. Town of Marana, Pima County Superior Court case number C20184288. [7:56 PM Minutes:] Mayor Honea asked for a motion to go into Executive Session. Council Member Kai moved and Council Member Officer second the motion to enter into Executive Session for the purpose of 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 Ashley v. Town of Marana, Pima County Superior Court case number C20184288. Motion passes, 5-0. [8:18 PM Minutes:] Council resumes meeting. 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 Honea asked for a motion to adjourn the meeting. Council Member Kai moved and Council Member Bowen second the motion to adjourn the meeting. Motion passes, 5-0. Meeting adjourned at 8:18 PM. October 15, 2019 Regular Council Meeting Summary Minutes 10 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 15, 2019. I further certify that a quorum was present. Cherry L. L son, Town Clerk .....� MARANA AZ ESTABLISHED 1977 October 15, 2019 Regular Council Meeting Summary Minutes 11