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HomeMy WebLinkAbout01/21/2020 Regular Council Meeting Summary MinutesMARANA AZ ESTABLISHED 1977 Iffilm MWAY01W MIME [on REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Conference Center Second Floor January 21, 2020 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 REGULAR COUNCIL MEETING 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 was a quorum of council members present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Ziegler moved and Vice Mayor Post second the motion to approve the agenda. Motion passes unanimously, 7-0. CALL TO THE PUBLIC Mayor Honea opened the meeting to receive public comment, and the following individual provided comments: January 21, 2020 Regular Council Meeting Summary Minutes 1 David Lutz voiced concern over increasing the sales tax in the Town of Marana, as he believes it will have a direct impact on his property tax. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford congratulated Economic Development Director Curt Woody on the town getting the PBV project, as it will bring many career type jobs coming into the Town of Marana. Assistant to the Town Manager Heath Vescovi- Chiordi has done a great job with the Manager's Report to Council. She has attended several meetings, Chamber Meetings' as it has been a couple of months since they last met. She has met with several different people to include Mr. Zipprich, and has had a couple of good telephone calls with him. He will be contacting the Council to request a meeting with him, as she thinks this will be of benefit to the community. She expressed concern with the Christmas tree still being on display suggesting hearts replace the ornaments for Valentine's Day. She inquired of the timeline for removal. Town Manager Jamsheed Mehta stated very soon. She commented on the repair work on the HVAC system in the Council Chambers stating Council has not met in the Chambers for over two and one-half months. The reasoning needs to be better explained to Council, as having meetings two and one-half months out of the Council Chambers is of concern. Mr. Mehta stated the explanation is within the Manager's Report. Council Member Comerford stated the explanation in not within the Manager's Report. Mr. Mehta stated the town would look into the matter. She requested of the Manager's Office that when the Town Manager or Deputy Town Manager are on vacation, that the entire Council is notified so that Council they know who is in charge in the event they need to contact the office. This situation happened over the Christmas holiday, and created much confusion regarding who was in charge. She further question the completion of the renovations of the Parks & Recreation and Water Departments coming onto the campus, as there has not been a report provided to Council on the status of these renovations. She asked for a timeline for the Chambers to move into its building, as she has not received any report on the status. The January 7, 2020 the Town had canceled Council Meeting without providing an explanation to Council, as it would have been the first meeting of the New Year. She requested a mayor packet from the Clerk's Office to inquire about running for mayor. It took all of 10 minutes to get through Town Hall. She announced so that January 21, 2020 Regular Council Meeting Summary Minutes 2 everyone has now heard it from her as she is exploring the opportunity of running for mayor. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Mehta reported on the Parks & Recreation Master Plan update that looks would cover the next 10 years. Beginning this week, there will be public meetings to receive comments related to the Parks & Recreation Master Plan. The Wheeler Taft Library will host a Community Meeting to discuss the master plan on January 23 at 6 p.m. He invited the Mayor and Council along with the public to come out to attend the meetings. PRESENTATIONS CONSENT AGENDA C1 Resolution No. 2020-001: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute DUI Abatement Grant Program Agreement number DUTAC-E-130 between the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement and the Town of Marana for grant funding for DUI Warrant Detail (Kristin Taft) C2 Resolution No. 2020-002: Relating to the Marana Regional Airport; approving and authorizing the Town Manager to execute three Airport Development Reimbursable Grant Agreements between the State of Arizona by and through the Department of Transportation (ADOT) and the Town of Marana for the purpose of aiding in financing projects entitled "Runway MIRL/HIRL Install" (Grant No. EOS2O01D), "Study to Analyze Mitigation Options for Insufficient RWY 30 Safety Area" (Grant No. E0S2P01P), and "Electrical Vault" (Grant No. E0S2Q01C) (Kristin Taft) C3 Resolution No. 2020-005: Relating to Development; approving a Final Plat for Cortaro Ranch Phase 11 Lots 4 through 6 located north of Cortaro Farms Road and west of Cerius Stravenue (Brian D. Varney) C4 Approval of the December 17, 2019 Regular Council Meeting Summary Minutes and the December 10, 2019 Special Council Meeting Summary Minutes (Cherry L. Lawson) Vice Mayor Post, moved and Council Member Bowen second the motion approving the Consent Agenda as presented. Motion passes unanimously, 7-0. LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for Acquisition of Control of a January 21, 2020 Regular Council Meeting Summary Minutes 3 series #012 Restaurant liquor license submitted by Kevin Arnold Kramber on behalf of Bisbee Breakfast Club, located at 4131 W. Ina Road, Tucson, Arizona 85741(Cherry L. Lawson) Town Clerk Cherry Lawson provided a brief overview of the request for a liquor license, and stated staff recommends an order recommending approval be submitted to the DLLC for this liquor license application. Vice Mayor Post moved and Council Member Ziegler second the motion approving staff to submit to the DLLC an order recommending approval of a Multi -License Acquisition of Control Liquor License application submitted by Kevin Arnold Kramber on behalf of Bisbee Breakfast Club, located at 4131 W. Ina Road, Tucson, Arizona 85751. Motion passes unanimously, 7-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2020.001: Relating to Development; amending the Uptown at Marana Specific Plan for approximately 205 acres of land located north of Marana Road and east of Sanders Road; revising the conceptual land use plan, the land use allocation, and the associated development standards; and establishing an effective date (Brian D. Varney) Resolution No. 2020-003: Relating to Development; declaring as a public record filed with the Town Clerk the amended Uptown at Marana Specific Plan adopted by Ordinance No. 2020.001 (Brian D. Varney) [7:15 PM Minutes] Mayor Honea opened the public hearing to receive public testimony on this item. Senior Planner Brian Varney provided a PowerPoint Presentation overview of this item, and Keri Silvyn, Esq. of Lazarus & Silvyn P.C. also provided comments during the presentation. Below are highlights of the presentation. (A copy of the PowerPoint is on file in the Town Clerk's Office.) PCZ1905-001 Uptown at Marana Specific Plan Amendment Summary • Request for approval of amendment to the Uptown Marana Specific Plan • Plan adopted November 2007 • Plan area 205 acres • Proposal: January 21, 2020 Regular Council Meeting Summary Minutes o Reduction in the amount of commercial acreage and increase in opportunities for residential and mixed use development o Updated to reflect recent traffic and sewer projects and planning o Removed regulations that are controlled by other documents Existing Conceptual Land Use • LMD Residential = 41 acres • MHD Residential = 26 acres • MU = 29 acres • NC = 8 acres • RC = 80 acres • Community Park = 4 acres • Maximum Dwelling units = 930 units Analysis • Real estate market has changed • Amount of existing and planned residential development does not support additional commercial acreage • Specific plans approved that include a significant amount of commercial and land use • Town realignment of Tangerine Farms Road negatively impacted commercial viability of the site • Option to reduce commercial from 88 acres to 15 acres (minimum) • Maximum of 1,388 dwelling units based upon a standard conversion of 4 dwelling units per acre of commercial land Traffic Circulation • Access off of Marana Road and Sanders Road • Updated Traffic Impact Analysis approved by Marana Traffic Engineering in December 2019 • Conditions in the draft ordinance reflect the requirement for infrastructure (roadway) improvements in accordance with previous agreements Recommendation • Staff recommends adoption of Ordinance No. 2020.001 and Resolution No. 2020- 003 approving the proposed amendment to the Uptown at Marana Specific Plan based upon the findings and subject to the conditions set forth in the draft ordinance included with the staff report, and declaring the amendment a public record filed with the Town Clerk. Keri Silvyn, Esq. of Lazarus & Silvyn P.C. who represents the lot owner provided testimony and answered questions directed by the Council. She stated they are agreeable to the minimum they would provide for a 4,000 sq. ft. lot size for single - January 21, 2020 Regular Council Meeting Summary Minutes 5 family detached as they are not the developers, and are the landowner. At this time, they do not know how much will be in that area. They had been asking for and it is now in the specific plan is the flexibility to do both of the multi -family, single-family attached and single-family detached, and focusing on the 4,000 sq. ft. minimum lot size. The current specific plan has for a single-family detached 2,200 sq. ft. minimum lot size. Those were the limits, but there an additional cap on the release of the smaller lots. Ms. Silvyn introduced members of her team that were present including Senior Land Planner Robyn Large, Alejandro Angel from Sumas, who completed the updated Traffic Analysis, Larry Castle and Jonathan BiYork representing the ownership. She thanked the Town Staff for its assistance through the process Jason Angell, Brian Varney, Frank Cassidy. She provided an overview of the location of the property area and provided an overview of its proposal. Below are the highlights from her PowerPoint Presentation. (A copy of the PozverPoint Presentation is on file in the To"lvn Clerk Office.) Uptown at Marana: Specific Plan Amendment Market Conditions: 2006 • Booming real estate market o Anticipated need for commercial uses based on number of entitled rooftops • Marana Road o Major intersection with Tangerine Farms Road planned adjacent to Uptown o Direct access to 1-10 • Market tolerance for highly detailed plans and specific design standards Market Conditions: 2019 • Cautious real estate market o Commercial follows rooftops o Not enough rooftops to justify amount of entitled commercial property • Marana Road o Town realigned Tangerine Farms Road south of Uptown (Marana Towne Center) • Market seeking even playing field regarding design standards Uptown at Marana Specific Plan • Residential (Potentially all but 15 acres) • Commercial (Min. 15 acres) • Mixed Use potential • Open Space/ Parks • Signage • Circulation January 21, 2020 Regular Council Meeting Summary Minutes 6 Uptown at Marana Amendment Summary • Key updates to Site Analysis o Traffic o Sewer • Sing Commercial designation • Residential uses permitted Commercial designation • Minimum 15 acres dedicated to commercial uses • Multiple Land Use Concepts • Design standards align with current Town standards o Commercial & Residential Design o Signage o Landscaping o Recreation o Parking • Revised Traffic Impact Analysis o Marana Road realignment o Commercial acreage reduction o Infrastructure requirements Mitch Stallard, representing Susan Long in the Marana Town Center commented on the specific land of having 462 acres, and expressed his support for the specific plan amendment. Council Member Bowen moved to propose an amendment to the five -acre park. He like the fact that the hard 15 acre will be commercial and provide flexibility to build additional — it will probably be several years before we see anything happening, and probably a specific plan. With the things that has been proposed here, the adherence to the town ordinances with regards to lighting and signage, parks and design standards on the houses, larger park with the flexibility to build commercial, minimal lot size. Mayor Honea suggested a friendly amendment to Council Member Bowen proposed amendment. He proposed having 4,000 sq. ft. lots, minimum of a five -acre park that must include a dog park, and a half -court basketball court. Council Member Bowen agreed to the friendly amendment to his proposal. Mayor Honea stated he was trying to be considerate of Council Member Comerford's concerns regarding having single- family housing at or near the freeway. Perhaps that mixed-use property can be where the apartments are built, and can be located on the backside of the freeway. Council Member Bowen stated he does not know how restrictive it may become, however, likes the idea. The developers have requested flexibility in doing that; if it makes more sense to do that, then they will. January 21, 2020 Regular Council Meeting Summary Minutes 7 Mayor Honea asked whether Council Member Bowen would make his motion adding no more than 930 single-family houses. They can have the 1,300 if they include a multi- family dwelling. Town Attorney Frank Cassidy asked for clarification on Mayor Honea proposed friendly previously discussed as having 4,000 sq. ft. minimum lot, but he wanted to clarify that the request was for 4,000 per single-family dwelling. Mayor Honea indicated yes, and Council Member Bowen expressed his agreement. Council Member Bowen moved and Vice Mayor Post second the motion to adopt Ordinance No. 2020.001 and Resolution No. 2020-003 with the proposals that was recommended. Motion passes unanimously, 7-0. A2 Ordinance No.2020.002: Relating to Finance; amending the Town of Marana comprehensive fee schedule to modify certain non -rate water and water reclamation service fees, to add a fee for annual backflow tester, and to eliminate unused fees; and designating an effective date (Scott Schladweiler) Water Director Scott Schladweiler provided a brief overview of this item and recommending Council amend the Town of Marana Comprehensive Fee Schedule to modify certain non -rate water and water reclamation services fees, to add a fee for annual backflow tester; and to eliminate unused fees; and designating an effective date. Vice Mayor Post, moved and Council Member Kai second the motion to approve Ordinance No. 2020.002. Motion passes unanimously, 7-0. A3 Ordinance No. 2020.004: Relating to Elections; adopting revisions to Marana Town Code Title 2 (Mayor and Council); revising section 2-2-1 (Primary election; date; declaration of elected candidate) to amend the primary election date for Town elections to conform to state law; revising section 2-2-7 (Initiative and referendum) to clarify the procedure for calculating the required number of signatures for an initiative petition; and designating an effective date (David L. Udall) Associate Town Attorney David L. Udall provided a brief PowerPoint Presentation overview on this item. Below are the highlights of the presentation. (A copy of the PowerPoint Presentation is on file in the Town Clerk Office.) Background ® The Arizona Constitution requires signatures of 15% of qualified electors in a municipality for an initiative petition to make it onto the ballot, and it delegates to the legislature or to municipalities the task of establishing the basis for the 15% calculation. • The State legislature enacted a statute providing a basis for all municipalities that do not adopt their own basis. The statutory basis is 1.5% of the whole number of votes cast at the last municipal election. January 21, 2020 Regular Council Meeting Summary Minutes 8 • In 1997, the Town of Marana adopted a model ordinance written by the League of Arizona Cities and Towns as its basis for the 15% calculation. The model ordinance provided a basis of 15% of the total number of registered voters qualified to vote at the last municipal election. • When adopting the model ordinance, codified in Marana Town Code section 2-2- 7(A), the Town omitted language providing the basis for the 15% calculation. This omission essentially rendered section 2-2-7(A) meaningless. In the absence of a clear, codified basis, the Town has in practice been using the statutory default of the whole number of votes cast. Section 2-2-7(A) therefore needs to be amended to provide clarity. Marana Town Code section 2-2-7(A), as currently written: • "The total number of registered voters qualified to vote at the last municipal election, whether regular or special, immediately preceding the date upon which any initiative petition is filed shall be computed." League of Arizona Cities and Towns model ordinance (first alternative ordinance): • "The total number of registered voters qualified to vote at the last municipal election, whether regular or special, immediately preceding the date upon which any initiative petition is filed shall be the basis upon which the number of qualified electors of the town required to file an initiative petition shall be computed." Option One (League Model Ordinance) • Basis is 15% of the total number of registered voters qualified to vote at the last municipal election. During the last Town election in 2018, there were 25,782 registered voters eligible to cast a ballot. Under this option, an initiative petition would be required to obtain 3,867 signatures to make it onto the ballot Option Two (Statutory) • Basis is 15% of the whole number of votes cast at the last municipal election. • During the last Town election in 2018, there were 15,557 total valid ballots cast. • Under this option, an initiative petition would be required to obtain 2,333 signatures to make it onto the ballot. Mr. Udall stated staff recommendation would be to adopt Option One (League Model Ordinance) as it is clear from their research of the town in 1997, and the operative language that should have been included was inadvertently omitted. January 21, 2020 Regular Council Meeting Summary Minutes Vice Mayor Post, moved and Council Member Bowen second the motion Ordinance No. 2020.004, Option 1. Motion passes unanimously, 7-0. A4 Resolution No. 2020-004: Relating to Real Estate; vacating and authorizing the Town Engineer to sign a quitclaim deed for "Rillito Cutoff" on the property owned by Bethanie Lee located immediately north of Sonoran Vista subdivision and west of the Town's El Rio Preserve (Frank Cassidy) Town Attorney Frank Cassidy provided a brief overview of the item stating that this is a title clean up issue, and involves property that is north of the Sonoran Preserves. On Bethanie Lee's property on the Assessor's Map, the map shows and untaxed strip of land through there and is referred to the Rillito Cutoff on historic maps. When Bethanie Lee and her father decided to purchase the property, they did some research and the title company, also did some research, and contacted the Town about the Rillito Cutoff Road. The town has never been able to find any reference to that road in any of our road documents. Council Member Ziegler moved and Council Member Bowen second the motion to adopt Resolution No. 2020-004. Motion passes unanimously, 7-0. ITEMS FOR DISCUSSION/ POSSIBLE ACTION D1 Relating to Budget; discussion, direction and possible action regarding development of the fiscal year 2020/2021 budget, including proposed budget initiatives and expenditures (Jamsheed Mehta) Mr. Mehta provided a brief overview of this item explaining the purpose of having the item on the agenda during the budget season. Council Member Ziegler inquired about the Tuition Reimbursement Program that approved in the last fiscal year and asked for an update as to the number of employees who took advantage of the program. Mr. Mehta stated he would provide that information to Council. D1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/ government actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta) Mr. Mehta reported on a couple of items, regional planning efforts of the RTA -Pima Association of Governments and the other legislative updates at the state capitol. The Citizens' Advisory Committee has been set up and in place for nearly one year, and this Committee has been working and meeting monthly. There is a Standing Committee named the Technical Management Committee (TMC) and is made up of administrators of all of the local jurisdictions, and also includes several members from the private sector. This Committee has delegated two representatives from the TMC to sit in as ex - officio members to the Citizens' Advisory Committee. He is one of the members chosen as an ex -officio, and the other member represents the private sector. The charge that January 21, 2020 Regular Council Meeting Summary Minutes 10 they were presented with is to prepare a list of major projects with significant projects that are in the tens of millions of dollars, and are not the smaller categorical projects. Those are more in line with the freeway systems and main corridor type projects. This list has to be submitted no later than the end of June. Town staff has already begun to work on this by reviewing the many different plans of the town. The town will submit this to Council for its consideration before it is presented to the RTA. The second item is the state legislative update. Over 800 bills introduced in the first week. Governor Ducey executive budget proposal is out and he spoke in Tucson a week ago. At the same time, there is a senate version of the budget proposal that is parallel as well. We need to look at whether we stand a chance of submitting for a transportation project. Two bills of importance that could potentially affect Marana that had been identified. One deals with community facilities district (HB2493) related to the cleanup that Council and staff were looking forward to those amendments. The second deals with the TPT Transaction Privilege Tax (HB2404) associated with prime contracting and taxing. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A), 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). [8:26 PM Minutes] Council Member Bowen moved and Council Member Kai second the motion to enter into an executive session meeting for the purposes stated on the agenda. Motion passes unanimously, 7-0. [9:47 PM Minutes] Mayor Honea resumed the regular session meeting. E2 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion and consultation with the Town's attorneys in order to consider the Town's position and instruct its attorneys regarding the Town's position regarding the collection of unpaid Town of Marana water resource impact fees adopted by Marana Ordinance No. 2014.013 and amended by Marana Ordinance 2017.029. January 21, 2020 Regular Council Meeting Summary Minutes 11 Mr. Cassidy stated on the development impact fee item that Town staff would request authorization to pursue collection of the unpaid impact fees along the lines using the approach as discussed in executive session. Vice Mayor Post moved and Council Member Bowen second the motion. Motion passes unanimously, 7-0. E3 Executive session pursuant to A.R.S. §38-431.03(A)(7) to consider its position and instruct the Towns representatives regarding negotiations for the possible sale or lease of Town -owned real property. Mr. Cassidy stated Town staff would request authorization for the Economic Development Director Curt Woody to proceed with the economic development incentive using the Town owned land that Council discussed in executive session and allowing the property be offered at a rate of $1.50/ sq. ft. and other elements as discussed in executive session. Vice Mayor Post move and Council Member Bowen second the motion. Motion passes 6-1. Council Member Kai voted, Nay. 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). Council Member Ziegler requested to have placed on the next Council Meeting agenda an item for Council consideration to change the meeting time of its Council sessions from 7 p.m. to 6 p.m. Mayor Honea stated he would sponsor the item being placed on the agenda. ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Council Member Bowen moved and Vice Mayor Post second the motion to adjourn the meeting. Motion passes unanimously, 7-0. Meeting adjourned at 9:53 PM. January 21, 2020 Regular Council Meeting Summary Minutes 12 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 21, 2020. I further certify that a quorum was present. i Cherry L. Law on, Town Clerk January 21, 2020 Regular Council Meeting Summary Minutes 13