Loading...
HomeMy WebLinkAbout06-21-2022 Regular Council Meeting Summary Minutes MARANA AZ CELEBRATING 45 YEARS MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 21, 2022, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, 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 6:00 PM and directed the Clerk to call the roll. Mayor Honea,Vice Mayor Post,Council Members:Jackie Craig, Patti Comerford, Roxanne Ziegler,John Officer, and Herb Kai PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Craig moved and Vice Mayor Post second the motion to pull from the Consent Agenda the Council Study Session Minutes of May 24,2022. Motion passes unanimously, 7-0. CALL TO THE PUBLIC Mayor Honea open the meeting to receive public comments. There were no comments offered. Regular Council Meeting Summary Minutes June 21,2022 Page I 1 PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler commented on the residents in La Porta Del Norte stating that she had received an email from Gus Myers that indicated that the residents were very happy. She acknowledged Parks & Recreation employee Woody Smith and Ron Grimaldi for the work that was done in the area for that community. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Terry Rozema reported on the following: • Development Services issued as of this day 52 single-family residential permits for the month of June and has issued 1,294 for fiscal year 2022. In June 2021, Development Services issued 143 SFRs, and ending the fiscal year with 1067 SFRs issued. The Town is fast approaching 300 more than we had last year. • Council Study Session Meeting scheduled for Tuesday, June 28, 2022 at 6 p.m. Typically Council does not meet in the month of July. However, a meeting is scheduled for Tuesday,July 12 in a Special Meeting. • Community and Neighborhood Services had a great event and turn out for its microchip clinic that was held in conjunction with Pima County. Thirty-five were microchipped. Director of Community and Neighborhood Services Lisa Shafer and her staff were out in the community and put on a wonderful event at Ora Mae Ham District Park. • Open gym basketball league has begun at Lehman Academy, and we get an increasing number of people wanting to participate. Once the Town has built its own facility with the Recreation and Aquatic Centre, we would be able to do things like that year around. • Parks and Recreation is doing a wonderful job with the senior group and adding some additional things that that are available to them and this just this past week they took them on a tour out to a day away out to the Sonoran Desert Museum where they received a free guided tour and enjoyed lunch as well at the at the Ironwood Terrace. Parks also started up it the Marana Junior Lifeguard Program, and they have 12 young lifeguards in the program. • Heritage River Park after doing a number of upgrades to the raised garden beds, so to have them raised for those who want to garden. • Roundabout reveal of the Spirit of Marana will occur on Friday, June 24 at 9 a.m. on Sandario and Marana Main. Construction has started at Twin Peaks and Sandario so there are quite a few road closures. • He read a couple of emails that acknowledged and praised Town staff for delivering five-star service. Regular Council Meeting Summary Minutes June 21,2022 Page 12 PRESENTATIONS CONSENT AGENDA Cl Resolution No. 2022-058: Relating to Development; accepting for maintenance certain public improvements serving QuikTrip Store #1491 located at the northwest corner of Tangerine Road and the Frontage Road/I-10 (David Udall) C2 Resolution No. 2022-059: Relating to Development; accepting public sewer improvements along portions of Mike Etter Boulevard and Midfield Road for maintenance (David Udall) C3 Resolution No. 2022-060: Relating to Development; approving a Final Re-Plat of The Preserve at Twin Peaks Lots 82 thru 85 and Common Area"B2" (Natural Open Space, Drainage, Landscape, Pedestrian, Public Sewer, and Utilities) & Common Area "C1" (Active Open Space), generally located east of Camino de Manana and approximately a quarter mile north of Lambert Lane (Steve Cheslak) C4 Resolution No. 2022-061: Relating to Development; approving a Final Plat for Gladden Farms Block 38B Lots 1 - 148 & Common Areas "A-1" - "A-8" & "B-1" - "B-2", located generally west of West Clark Farms Boulevard, south of West Mike Etter Boulevard, and north of West Tangerine Road (Spencer Hickman) C5 Resolution No. 2022-062: Relating to Economic Development; approving and authorizing the Mayor to execute a Funding Agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2022-2023 to support operation of the Marana Visitor Center and provision of services to the Marana community (Jane Fairall) C6 Resolution No. 2022-063: Relating to Intergovernmental Relations; approving and authorizing the Town Manager to execute a Lobbying Services Agreement with TriAdvocates, LLC for Fiscal Year 2023 (Andrea Caicedo) C7 Resolution No. 2022-064: Relating to Municipal Court; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Town of Marana and Pima County for provision of video-court hearings of municipal prisoners for 2022-2023 (Laine McDonald) C8 Resolution No. 2022-065: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Classification and Compensation, Section 3-7-3 "Call-Out Pay", Chapter 5 - Work Rules and Employee Discipline, Section 5-4-4 "Additional Employee Responsibilities" and Section 5-5-4 "Imposed Leave" (Curry C. Hale) Regular Council Meeting Summary Minutes June 21,2022 Page 1 3 C9 Resolution No. 2022-066: Relating to Public Works; authorizing the Town Manager to sign all documents and do all other things necessary or prudent to obtain land use rights from the Central Arizona Project (CAP) needed for the Tangerine Road Widening- Phase 2, I-10 to Dove Mountain Boulevard project (Jane Fairall) C11 Resolution No. 2022-067: Relating to Public Works; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Regional Transportation Authority and the Town of Marana for construction of improvements for Tangerine Road—I-10 to approximately Marana Tech Drive (Jane Fairall) C12 Approval of the Marana Town Council Special Retreat Meeting Summary Minutes of March 10-11, 2022, Council Study Session Meeting Summary Minutes of May 24, 2022, and the Council Regular Meeting Summary Minutes of June 7, 2022 (Cherry L. Lawson) Vice Mayor Post moved and Council Member Ziegler second the motion to approve the Consent Agenda with the exception of the Council Study Session Meeting Summary Minutes of May 24, 2022. Motion passes unanimously, 7-0. Item C12 Council Study Session Meeting Summary Minutes of May 24, 2022. Council Member Craig stated that the Study Session Meeting Summary Minutes of May 24, 2022, was on the Strategic Plan, and it took a long time for the Council to get to a consensus on the Vision Statement. The Vision Statement as it was assembled was not included in the minutes. She read the statement as follows Marana is a trailblazing community that raises the bar for the best quality of life. She requested the Vision Statement be included in the minutes. Council Member Craig moved and Council Member Ziegler seconded the motion to approve the May 24, 2022, Study Session Summary Minutes as amended to add the Vision Statement as read. 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 a new series #012 Restaurant Liquor License submitted by Alejandro Diaz on behalf of Alejandro Serious Mexican Food, located at 7850 North Silverbell Road, Tucson, AZ 85743 (Cherry L. Lawson) Town Clerk Cherry Lawson provided an overview of the application for a new series #012 Restaurant Liquor License submitted by Alejandro Diaz on behalf of Alejandro Serious Mexican Food, located at 7850 North Silverbell Road, Tucson, AZ 85743. She Regular Council Meeting Summary Minutes June 21,2022 Page I 4 stated Town staff recommends that an order recommending approval be submitted to the DLCC for this liquor license application. Council Member Ziegler moved and Vice Mayor Post second the motion approving Town staff to submit to the DLLC an order recommending approval of an application for a new series #012 Restaurant Liquor License submitted by Alejandro Diaz on behalf of Alejandro Serious Mexican Food, located at 7850 North Silverbell Road, Tucson,AZ 85743. Motion passes unanimously, 7-0. BOARDS, COMMISSIONS AND COMMITTEES B1 [The Town Council acting as the Floodplain Board] Resolution No. FP 2022-001: Relating to Floodplain Management; granting a variance to Marana Town Code Chapter 17-15 (Floodplain and Erosion Hazard Management Code) for property located at 7430 North Silverbell Road (Fausto Burruel) Acting Town Engineer Fausto Burruel provided a PowerPoint Presentation on this item. Below are highlights of the presentation. (A copy of the presentation is available in the Town Clerk's Office for viewing upon request.) Below are highlights of the presentation. The variance is for the property located at 7430 N Silverbell Rd otherwise referred to as the Silverbell Apartments. In August 2020, former Town Engineer Keith Brand brought this forward to requesting a variance at that time. However, at that time, the variance was different then what is now requested. Floodplain Variance Request A Variance is requested from the Town floodplain code for 7430 N Silverbell Road, in relation to the timing of construction and FEMA approvals. • A CLOMR was submitted in June of 2020 and subsequently approved • LOMR improvements have been constructed • LOMR review is substantially complete Town Code 17-15-10-E10 When a modification or removal of a FEMA SFHA is sought for a development, the following requirements apply: • e. Commercial/Industrial buildings to be affected by a LOMR shall not be granted a building permit until the LOMR has become effective, unless the building as designed meets the requirements of this chapter for the pre-LOMR conditions. Current Floodplain Regular Council Meeting Summary Minutes June 21,2022 Page 1 5 • SFHA - Zone A • No base flood elevations (BFE)determined • Commercial buildings must be elevated or dry flood-proofed four feet above highest adjacent natural grade LOMR Improvements • Perimeter conveyance channels tied to existing box culverts • LOMR improvements have been constructed and received unofficial approval - via email • Official FEMA LOMR approval anticipated to come in June • Applicant desires to receive building permits to begin vertical construction prior to LOMR effective date Conditions of Variance • If granted,variance is for all buildings within the Silverbell Gateway Apartments development located at 7430 N. Silverbell Road • All other aspects of Marana Land Development Code Title 17 shall be adhered to • Applicant shall sign a covenant indemnifying and holding the Town of Marana and its agents harmless in the event of flooding He stated Town staff recommends approval of the requested variance. Mayor Honea asked Mr. Burruel to explain that the CLOMR had been approved. Mayor Honea stated CLOMR is the Conditional Letter of Map Revision issued by FEMA who approved the site.The LOMR is FEMA changing the map. Mr.Burruel concurred,stating the CLOMR is the actual design,and is submitted to the Town and Pima County. Marana approves the design and appropriate documents that is submitted to FEMA, and then FEMA approves the actual CLOMR design. That allows the applicant for the development to proceed with the infrastructure required. The CLOMR would be the design and the LOMR is the actual infrastructure that is constructed. That then becomes the as-builts. An approval certifies the infrastructure that was constructed. That would lead to the LOMR Letter of Map Revision, which would pull the particular development from the floodplain. Mayor Honea stated it is his understanding that the particular building cannot be inhabited until the LOMR is in place. Mr. Burruel replied stating that is correct, as he had a conversation with the Town's Building Division about it. Beyond the conditions that he previously stated, the Town does have administrative conditions that provides that if it sits without a LOMR in place, it would have had to be constructed with the four feet of which he had indicated. It had not been constructed that way because of the LOMR. Unless the LOMR is approved, the Town can hold the Certificate of Occupancy on the development. Regular Council Meeting Summary Minutes June 21,2022 Page 16 Council Member Craig asked what the worst-case scenario would be if FEMA does not approve the LOMR for six months or more. There must be a reason that the statute requires the LOMR before the Town issues building permits. Mr. Burruel replied stating it is a timing thing—construction and timing. Timelines have grown. Several years ago, he may have given a timeframe of nine to 12 months; that moved to 12 to 15 months. Now, two years from the time, they actually submit their CLOMR, and they have yet to receive the official approval. Worst-case scenario, the effective date allows for public comments; however, he does not see this as the case with this item. Council Member Kai stated if the LOMR is not approved, the Town does not issue a Certificate of Occupancy. Mr. Burruel stated that is correct; the Town will not issue the Certificate of Occupancy without an approved LOMR. That is based on Building and Administrative Code, as it was not built based on the existing floodplain. Council member Ziegler stated the Council denied the request in 2020, as the Town had a right to do that at that time. It was a big risk for the Town of Marana. She is glad that the developer returned to the town to continue building in that area.She restated Council Member Kai's remarks that,the Town will not issue a Certificate of Occupancy and Hold Harmless Clause to the Town of Marana. They are good partners with the Town. Council Member Comerford inquired of the new mapping stating we have new guidelines. They did not have to do the four-foot raise in the property. If LOMR comes and they require the property to have the four-foot raise,regardless of the Town's actions, what will occur after the building is up. Mr. Burruel replied stating the CLOMR is the design portion that was approved, and allowed to move forward with construction. The developer has installed the infrastructure, and has been as built. It sits with an unofficial approval from their reviewers. That would be the reviewer from FEMA—defacto FEMA telling them that they are good to go. Mr. Rozema stated he has had conversations with his colleagues in other jurisdictions, and this variance at this level and stage of construction is not uncommon in other jurisdictions. Although, we have shied away from our previous Town Engineer; that it is not uncommon in the other jurisdictions, and is utilized regularly. Council Member Ziegler moved and Vice Mayor Post second the motion to adopt Resolution No. FP2022-001, granting a variance to Marana Town Code Chapter 17-15 (Floodplain and Erosion Management Code)for properly located at 7430 North Silverbell Road. Motion passes unanimously, 7-0. COUNCIL ACTION Regular Council Meeting Summary Minutes June 21,2022 Page 1 7 Al Resolution No. 2022-068: Relating to Community and Neighborhood Services; approving and authorizing the Mayor to execute a Notice of Intent Not to Participate in the Urban County Program for the Community Development Block Grant Program and HOME Investment Partnership Program for federal fiscal years 2023-2025 and to accept Metropolitan City status from Housing and Urban Development once eligibility notification has been made to the Town of Marana (Lisa Shafer) Community and Neighborhood Services Director Lisa Shafer stated the Town had been waiting 10 years for this. She provided an overview of the process and some of the activities over the past years under the CDBG from Pima County. She is requesting approval of the resolution that allows the Mayor to execute a Notice of Intent to Not Participate in the Urban County Program for the Community Development Block Grant Program. The Town has not received its notification from HUD that the Town can start its own program. The Town is awaiting approval notification from HUD at this time, hopefully by August. Accordingly, to the County's timeline, the Town has to provide them notice by the end of June. She understands there is a risk, but is not worried as the notification is pending. Vice Mayor Post moved and Council Member Kai second the motion approving Resolution No. 2022-068 approving and authorizing the Mayor to execute a Notice of Intent Not to Participate in the Urban County Program for the Community Development Block Grant Program and HOME Investment Partnership Program for federal fiscal years 2023-2025 and to accept Metropolitan City status from Housing and Urban Development once eligibility notification has been made to the Town of Marana. Motion passes unanimously, 7-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION 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 (Terry Rozema) Mr. Rozema stated he does not have report to offer. Mayor Honea stated he had a conversation with a Senator Vince Leach last week ask him if the budget was going be approved before September or October. This has been one of the second longest session ever, and he thinks they are fighting some battles. He thinks they are trying to negotiate with Mr. Boyer. If you were watching the things on the national news on the January 6, Mr. Boyer was there being talked to by those folks on another issue. He wanted a little more money for education and there were a couple other things. Since the House 3129, you rather have to get everybody if your side wants to approve a budget. It looks as though the budget is getting close to being approved. Hopefully, it will be approved today. Regular Council Meeting Summary Minutes June 21,2022 Page 18 D2 PUBLIC HEARING: Relating to Budget; public hearing regarding the Town of Marana's fiscal year 2022-2023 final budget (Yiannis Kalaitzidis) [6:45 PM Minutes] Mayor Honea opened the public hearing and stated that we will have the discussion on the budget on their item D2 then we will adjourn then we will call the special meeting to order and that is state law an approved the budget at whatever conclusion we come too. Finance Director Yiannis Kalaitzidis provided an overview of the final budget for FY2022-2023. (A copy of the presentation is available for viewing in the Town Clerk's Office upon request, and the video of the meeting is on the Town's website at www.Maranaaz.gov.) He stated the Town has brought before the Council for its consideration the Final Budget for fiscal year 2022-2023. I do plan to be brief, as we have covered this topic a couple of times before and since the last time; we met in May we have made no changes to our budget. He touched on the timeline and where the Town have been and what brings us here tonight. FY2023 Budget Timeline • January Presented preliminary revenue outlook for FY2023 and solicited Council and public feedback. • March Presented initial 5-year Capital Improvement Plan for consideration and feedback. • April Presented Manager's Recommended Comprehensive Budget for consideration and additional feedback. • May Presented and adopted Tentative Budget during public hearing, which set overall expenditure limitation for the Town. • June Adoption of the Final Budget for Fiscal Year 2022-2023. We started our budget process in January. Staff started earlier than that but our first presentation to Council was in January where we gave a preliminary outlook. Since then, we met in March to go over the initial five-year(5)Capital Improvement Plan which make with departments. We had the Council Retreat an all of that along with feedback and direction from Council, culminated to the Comprehensive Manager's Recommended Budget,which was presented in April. We came back in May with some refinements and adjustments to present the Tentative Budget that was approved by Council, and the overall expenditure limitation for the Town. Town staff is requesting Council to adopt the Final Budget for fiscal year 2022-2023. He quickly reviewed the budget that the Town is asking Council to approve is $233,493,137. No changes to the makeup or any of the amounts that we have in the detail of our budget. We do have several large capital projects and a number of capital projects that have been Regular Council Meeting Summary Minutes June 21,2022 Page 1 9 1 carried forward into this year that is making our capital project budget bigger than we have had in past seasons. He pointed out that our revenues are unchanged since our last presentation and reminded Council that the Town is presenting a structurally balanced budget. Our ongoing revenues are covering our ongoing expenses. The Town is living well within its means. He thanked everybody that has participated in this process including department staff; specifically Deputy Finance Director Starla Anderson and Michael Dyckman who joined us again this year and they both were instrumental in putting this budget together but also every department director and department staff that took a lot of time in weeks to forecast and tell us what their needs are going to be in this environment word we are experiencing very high end unpredictable inflation. He,also,thanked Mr. Rozema office, and especially Council for their feedback and direction throughout this process, as it is really a pleasure to work for this organization. Council Member Craig stated that well last time we had the budget discussion she was worried about inflation or stagflation. She does believe that we are probably looking at a recession or something like that. In reviewing the numbers, she thinks the Town has provided a very conservative budget. If her understanding of the numbers are correct, the amount that the Town expects to receive from sales tax revenue is the same as was budgeted for this year. She acknowledged the conservative approach by Mr. Kalaitzidis stating that she is quite happy with that approach and the budget. Mark Johnson provided public comments on the final budget stating his comments are on the Council Candidates, Patrick Cavanaugh and Tim Kosse, as well as himself. He appreciates the skilled and hardworking employees of the Town of Marana. They support the retention pay and the 4% team performance pay adjustment, as it is critical that the Town be able to retain and attract talented employees. Therefore, we recommend that the retention pay percentage be increased from 2% to 3%. The budget calls for increasing the number of employees by 27.25 full-time equivalent this includes six (6) new positions in the Police Department. He stated that they are strong supporters of public safety, and our wonderful Police Department. Additionally, with all that is going on in our country we strongly recommend adding four(4)additional police officers to provide 10 new positions in the Police Department. These additional police officers would be utilized to provide collaborative community policing with the support from a new Community Foundation that we will elaborate on in the future. The 2040 General Plan included several master plans that are not in this budget. He ask that those be added including the Open Space and Wildlife Conservation Master Plan and the Marana Habitat Conservation Plan. On June 15, the US EPA announced new health advisories for PFAS compounds in drinking water. It essentially lowered the acceptable concentrations of these compounds to zero. Regular Council Meeting Summary Minutes June 21,2022 Page 1 10 Marana Water has done a nice job designing,installing and operating two PFAS Removal Treatment Plans;however,other areas of the aquifer are polluted with PFAS in additional remediation and or treatment may be required. We urge the Town Council to issue a public notice regarding these new health advisories and include in this budget water supply planning for PFAS and permanent renewable water supplies. He continued stating their budget recommendations are funded by taking the following steps: 1) defer budget items related to development growth as a recession is imminent and will be resulting but there will be a resulting downturn in home construction. The national inflation rate is 8.5% and the Phoenix Metro inflation rate is 11% the proposed $6 million unfunded pension liability payment should be reduced or delayed to offset inflation. The $5 million budget contingency should be reduced to$2.5 million. The General Fund is covering offer airport operations with yearly losses of$1.2 million for the last five years. This must be eliminated so that these funds can be used for community enhancements as proposed. Finally, developer concessions and tax breaks need to be illuminated and historical deals be renegotiated. Marana developers make billions and do not need handouts. The development community should be giving back to Marana, not taking away. Vice Mayor Post addressed Mr. Johnson's comments stating that he assumes that Mr. Johnson saw the presentation slide that Mr. Kalaitzidis displayed regarding the scheduled meetings whereby the budget was discussed. The slide illustrated the length of time that the Council and staff had worked on the budget dating back to January 2022. The Manager Recommended Budget was presented in April, followed by the Tentative Budget in May 2022. Regardless of whether the suggestion presented are good ideas or not, he feels as though Mr. Johnson would have been better serving to his community had he brought forward those to Council in a timely manner. Mr.Johnson replied stating well you know we are all busy. This is the first opportunity that he, Tim Kosse and Patrick Cavanaugh had to sit down and review all of the budget materials. However,they got it done and presented their comments to Council before the budget was approved. [6:55 PM Minutes] Mayor Honea closed the public hearing to public testimony. 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. 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 Regular Council Meeting Summary Minutes June 21,2022 Page 111 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). 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. Vice Mayor Post, moved and Council Member Comerford second the motion to adjourn the meeting. Motion passes unanimously 7-0. Meeting adjourned at 6:56 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council Regular Meeting held on June 21, 2022. I further certify that a quorum was present. At A.e' 1401,/e1-2--- Cherry L. .wson, 'own Clerk 4. 46, MARANA AZ ESTABLISHED 1977 Regular Council Meeting Summary Minutes June 21,2022 Page 1 12