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HomeMy WebLinkAbout09-20-2022 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, September 20, 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 6:01 PM and directed Town Clerk to call the roll. Present: Mayor Honea, Vice Mayor Post, Council Member Craig, Council Member Comerford,Council Member Kai,Council Member Officer,and Council Member Ziegler. The Town Clerk stated a quorum was present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea and three youth scouts working on their government merit badge. APPROVAL OF AGENDA Council Member Kai moved, and Council Member Ziegler seconded, the motion approving the agenda as presented. Motion passed, 7-0. CALL TO THE PUBLIC Council Regular Meeting Summary Minutes September 20,2022 Page 1 of 16 Mayor Honea opened the meeting to receive public comments not involving Item A2. There were no public comments. PROCLAMATIONS PR1 Proclamation recognizing September 24 - October 2, 2022, as "Diaper Need Awareness Week" (David Udall): Town Clerk David Udall stated the proclamation would be mailed to the recipient, who was not present at the meeting. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea commented on the ten new Habitat for Humanity homes being constructed in the Honea Heights neighborhood and commended the program. He also said he and Council Member Officer would attend the management training center minimum security prison on September 23 and commended the education program there. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Terry Rozema praised the Habitat for Humanity homes built in Honea Heights. Mr. Rozema stated the Town issued 19 single-family residential permits so far in September. Last September,there were 159 for the month. He said there were approximately 175 people that attended the September 15, 2022 Concerts in the Courtyard event and said the next event was on October 20, 2022. Mr. Rozema said the Man on the Horse statute and Pole Barn refurbishment and restoration projects are on schedule to be completed by the Town's upcoming Fall Festival signature event. He provided an update on the community and aquatic center project. Mr. Rozema mentioned there was a blood drive scheduled for October 6, 2022. PRESENTATIONS CONSENT AGENDA Cl Resolution No. 2022-095: Relating to Development; approving a Release of Assurances for Twin Peaks and Lambert Lane Lots 1 thru 62 and accepting public improvements for maintenance (Jason Angell) C2 Resolution No. 2022-096: Relating to Real Estate; vacating the remaining unneeded public right-of-way located south of the new terminus point of Tangelo Park Place and authorizing the Town Engineer to execute a Quit Claim Deed of Abandonment for the unneeded right-of-way in favor of Cemex, Inc. (George Cardieri) Council Regular Meeting Summary Minutes September 20,2022 Page 2 of 16 C3 Resolution No. 2022-097: Relating to Technology and Intergovernmental Relations; supporting Pima County's application to the National Telecommunications and Information Administration for grant funding from the Enabling Middle Mile Infrastructure grant program and authorizing in-kind services support for the Pima County Middle Mile Infrastructure project (Ricardo Carlos) C4 Resolution No. 2022-098: Relating to Utilities; authorizing Town staff to complete the application process for funds from the Water Infrastructure Finance Authority of Arizona (WIFA) and to incur debt not to exceed$4,455,413 for the construction of the Twin Peaks Interconnect project and the design and construction of the Picture Rocks Interconnect project (Jing Luo) C5 Approval of Council Regular Meeting Summary Minutes of September 6,2022(David L. Udall) Council Member Ziegler moved, and Vice Mayor Post seconded, the motion approving the Consent Agenda as presented. Motion passed, 7-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2022.013: Relating to Development; approving a rezoning of approximately 7.0 acres of land located south of Grier Road and east of Sanders Road from Zone A - Small Lot Zone and R-6 (Single-Family Residential) to Neighborhood Commercial (NC) (Brian D. Varney) Mayor Honea opened the public hearing. Senior Planner Brian Varney stated the applicant reached out to Town staff requesting this hearing be continued until the October 4, 2022 Town Council meeting due to scheduling conflicts brought to the Town's attention after public notice had gone out. Mayor Honea closed the public hearing. Council Member Ziegler moved, and Council Member Kai aT seconded, to continue this agenda item to the October 4, 2022 Town Council passed,Motion 7-0. Council Regular Meeting Summary Minutes September 20,2022 Page 3 of 16 A2 PUBLIC HEARING: Ordinance No. 2022.014: Relating to Development;25approving a rezoning of approximately 50.92 acres of land located at the southwest corner of Thornydale Road and Tangerine Road from R-144 (Residential) to SP(Specific Plan), creating the SWC Tangerine & Thornydale Specific Plan; and approving a minor amendment to the Marana General Plan land use designation from Commercial (C) to Master Plan Area (MPA) (Brian D. Varney) Resolution No. 2022-099: Relating to Development; declaring as a public record filed with the town clerk the SWC Tangerine & Thornydale Specific Plan adopted by Ordinance No. 2022.014 (Brian D. Varney) Mayor Honea opened the public hearing. Senior Planner Brian Varney presented an overview of the rezoning request. A copy of the PowerPoint presentation is on file with the Town Clerk's Office. He explained that the applicants, represented by Lazarus & Silvyn, PC, were requesting to rezone approximately 51 acres of land on the southwest corner of Tangerine Road and Thornydale Road from R- 144 to Specific Plan (SP). He further explained the applicants were requesting that the existing land use designation outlined in the 2040 General Plan be amended from Commercial to Master Plan Area. Mr.Varney stated the properties to the north and northeast are zoned as specific plans, the property to the east of Thornydale is owned by the Arizona State Land Department and located in unincorporated Pima County,and the south and west of the subject property are bound by the Sky Ranch development. Mr. Varney said the proposed land use concept designates the subject property as Mixed Use. The proposed specific plan contains three conceptual plans. For depictions of the plans, please see the PowerPoint Presentation. Mr. Varney explained that the first conceptual plan shows a combination of single-family residential and multi-family residential units. The second conceptual plan is similar to the first,but has an assisted living component. The third is entirely single-family residential. Mr. Varney stated that the Marana Planning Commission unanimously recommended approval of the rezoning request at its August 31, 2022 meeting with three additional conditions: (1) All single-family residential development along Tangerine Road would be restricted to single-story houses;(2)all commercial development on the west side of the wash would be restricted to single-story; and (3) the 24-armed saguaro referenced at the Planning Commission meeting would be preserved in accordance with Town standards. Robin Large, a land use planner with Lazarus &Silvyn, PC, presented on behalf of Lazarus &Silvyn. A copy of the PowerPoint presentation is on file with the Town Clerk's Office. Ms. Large provided an explanation of where the property was situated along with the Council Regular Meeting Summary Minutes September 20,2022 Page 4 of 16 surrounding zoning.She highlighted that the properties to the north were rezoned as specific plans similar to what the applicant was proposing. She stated that the Marana General Plan identifies the subject property as being appropriate for commercial uses and has had that designation at least from 2007. Ms. Large explained the design considerations that went into the layout of the subject property's conceptual plans. Please see the PowerPoint presentation for depictions. She said Tangerine and Thornydale are both major arterial roadways and will be sufficient to handle the increased capacity of the proposed project. Major wildlife corridors have been established in the area for large wildlife to cross Tangerine Road, and none of them are on the subject property. She referenced the yellow dotted line on the Context & Design Considerations slide of the PowerPoint presentation, and said this was the only federally regulated wash located on the subject property, Ms. Large said this wash would be preserved as natural open space. She also pointed out the blue arrows and explained they represented minor drainage culverts on the property. Ms. Large then showed a slide depicting the mixed-use land use concept plan. She said that the specific plan allows for a number of uses, including single-family residential, multi- family residential (both apartment-style and homes-for-rent style),commercial,retail, office, assisted living, or any combination of these uses. Ms. Large explained that access to the subject property will solely be off of Tangerine Road and Thornydale Road with two proposed access points off of Tangerine and one, potentially two, access points off of Thornydale. As part of the proposed project, the applicant has committed to extend the shared use path along Tangerine Road. The applicant has also committed to a minimum of 30% natural, undisturbed open space, which includes the large wash located in the center of the subject property. The large wash will be a minimum of 100 feet in width. Buffers were also included on the subject property to address the concerns of nearby residents to include a 300-foot open-space buffer precluding residential development along portions of the southwestern property lines, a 50-foot buffer beyond that restricting residential development to single-story residences, and a 600-foot buffer along the southwestern property lines precluding commercial or multi-family residential apartments (the "300/350/600-foot buffers"). For depictions of the buffers, please see the PowerPoint presentation. She also highlighted the Planning Commission additional conditions referenced by Mr. Varney. Ms. Large stated that any multi-family residential apartment buildings or commercial buildings on the east side of the large wash could be 40-feet high or three stories in height under the proposed plan,which she explained is compatible with surrounding development in the area and with being located to a major intersection. She further explained that the applicants would comply with Marana's Outdoor Lighting Code, and that the applicants Council Regular Meeting Summary Minutes September 20,2022 Page 5 of 16 committed to the neighbors that there would not be lighted signage permitted on the south and west sides of buildings within 800 feet of neighbors. Ms. Large explained that from the edge of the Tangerine Road to the subject property's property line is 65 feet, and that, in addition to constructing the shared use path along Tangerine within that 65 feet, the applicant would provide an additional 10 feet of landscape buffer on the subject property. She further explained that the residential walls facing Tangerine would be staggered. Ms. Large then showed depictions of the conceptual plans outlined by Mr. Varney. Please see the PowerPoint presentation to view the depictions. She said the first concept combines single-family residential on the west side of the property with office/commercial/assisted living on the east side. The second conceptual depiction involved mostly single-family residential development on the west side of the wash with an office building also on that side with commercial along Tangerine Road on the east side of the wash with multi-family residential to the south of the commercial development. The last concept consists of all single-family residential. Ms. Large then explained their neighborhood outreach efforts, which are documents in the PowerPoint presentation. She explained that the concerns expressed involved building heights, drainage, water resources, traffic, lighting, density, buffers, and open space. She explained that the applicant adjusted the Specific Plan proposal to include the following restrictions: (1) No more than 60% of the homes would be two-story homes and no more than two two-story homes would be located side-by-side on the same street; (2) single-story homes would be placed along the south and west and along Tangerine Road; (3) higher-intensity uses would be focused closer to the north and east of the property near the arterial roadways and any commercial development would be single-story west of the wash; (4) the 300/350/600-foot buffers would be put in place; (5) any single-family residential development would include 30% open space; (6) the saguaro mentioned earlier would be preserved; (7) retention/detention facilities would be provided throughout the subject property and that the quantity and velocity of water flows would match or improve existing conditions; (8) detailed traffic and drainage analyses would be prepared when final uses and layout were determined as required with a development package; (9) the property would involve limited access points along Tangerine and Thornydale, as described above; Council Regular Meeting Summary Minutes September 20,2022 Page 6 of 16 (10) the shared use path described above would be installed within the first phase of development; (11) no illuminated signage on the west and south faces of buildings would be permitted as described above; and (12) low voltage lighting would be required around buildings and be required to be directed away from washes to encourage wildlife movement. She explained the subject property was within Tucson Water's service area, highlighted that both Marana and Tucson have been good water stewards, and said that the water table in this area has risen. The following 12 individuals spoke in opposition to the rezoning as proposed: Ruth Kurtis, James Kurtis, Cynthia Pruett, Jerry Ireland, James Winship, Margaret Winship, Carolyn Campbell, Greg Hourt, Mark Johnson, David Irick, David Schmidt, Karen Robello, and Patrick Lewis. General concerns related to drainage and water flows, natural wash preservation, wildlife, density and open space, traffic, property values, water resources, planning, views, sound, and increased criminal activity. The following three individuals submitted questions written during the public hearing: Gail Webster, Deborah Merriman, and Carl Robello. The questions related to developer contributions toward community improvements, the reason for single-story housing along Tangerine Road, and whether apartments/multi-family housing could be located on the west side of the wash. The Town received the following comments by email, metered mail, or in person: 14 letters in opposition to the rezoning as proposed and one letter in support of the proposed rezoning. Copies of the letters are on file in the Town Clerk's Office. Mayor Honea opened the matter for Council discussion. Vice Mayor Post summarized the concerns as involving the washes, single-story placement, commercial placement,and boundary fences. Ms.Large stated there are not boundary fences being proposed to be put around the perimeter of the subject property beyond the residential walls for the single-family residential units. She said the larger wash is being set aside as natural, undeveloped open space, and said that setting aside the other washes on the subject property would result in the land being undevelopable. Vice Mayor Post asked why it would make the land undevelopable. Ms. Large said they would need to install wash crossings, and that she would otherwise need to consult with her engineering consultant for further information. With respect to the single-story issue, Vice Mayor Post stated he was not in favor of the single-story restriction along Tangerine and said it would be better for the two-story homes Council Regular Meeting Summary Minutes September 20,2022 Page 7 of 16 to be located in a way that would not affect the neighboring residents. Ms. Large stated the applicant did not have an issue with the Planning Commissions restriction,but was open to looking at configurations that would have the two-story homes more away from the residents. With respect to the commercial concern, Ms. Large stated the applicant is in agreement to have no commercial development on the west side of the wash. Council Member Ziegler agreed with Vice Mayor Post. She highlighted concerns regarding drainage and water flow. Council Member Ziegler requested that the other two washes remain in their natural state. Ms. Large said that while the drainage culverts were not large enough to accommodate large wildlife crossings, they were designed to accommodate the flows in the area. In response to Council Member Ziegler's comments regarding commercial development concerns on the west side of the property and the two-story housing condition along Tangerine, Ms. Large reaffirmed the applicant's commitment to restrict commercial development on the west side and the applicant's agreement to remove the Planning Commission's recommended condition commented on by Vice Mayor Post. At Council Member Ziegler's request Ms. Large clarified the 300/350/600-foot buffers condition. Council Member Ziegler asked Mr.Jerry Ireland in the audience for clarification regarding his comments, these buffers, and the proposed condition that no commercial development be located west of the large wash. Mr. Ireland clarified that he was requesting no two-story homes be constructed if possible, or that the 600-foot buffer area prohibit two- story homes. Ms. Large stated that if the Planning Commission recommended condition regarding two-story homes along Tangerine was eliminated and the 600-foot buffer included a prohibition against two-story homes within that area, then the two-story homes would be overly concentrated. She said the applicant would be willing to expand the existing 50-foot buffer prohibiting two-story homes to 100 feet. Council Member Craig asked why the drainage/washes could not be left as natural open space. Ms.Large stated that the difficulty lies in the washes' irregular shape that would make development difficult and would leave the property undevelopable. She introduced Chuck Martin with Rick Engineering to present further on this issue. Council Member Craig expressed concern that, according to Carolyn Campbell's map attached to her submitted letter, the other two washes generate more water flow than the large wash that is being left in its natural state. Mr. Martin explained the Tangerine plans were utilized in determining flows for the project and said the other washes' flows are less than 200 cfs. He said the plans call for 40-foot wide drainage ways and said there is room for revegetation. Mr. Martin explained the location of the retention/detention basins are designed to handle where the water flows will be Council Regular Meeting Summary Minutes September 20,2022 Page 8 of 16 outletting and affirmed that the shape of the other washes would make development difficult if they remained in their natural state. Council Member Craig asked how it can be guaranteed that water will flow as it currently does and end up in the same place after the infrastructure improvements are installed. Mr. Martin explained that the retention/detention basins would manage development flows so they are not more than what is existing and that the water will be released into the same washes. Council Member Craig expressed concern that they would hold more water back from the wash flows, and said that Sky Ranch was built around that riparian area. Mr. Martin stated it was unlikely the developer would build basins larger than necessary,which would withhold more water. He said the Council could make it a rezoning condition that the current flows be required to be maintained to match the existing flows. Council Member Craig commented that the development could have less houses and the natural washes. Council Member Comerford stated in response to a speaker's concern regarding a lack of communication from Council that she has been reading the emails and letters and has responded to emails. She said the developer has a right to develop the property within the bounds of the law. She expressed legal concerns related to rezoning, and said that because the applicant is requesting a rezoning legally comparable to the surrounding areas, the Council must be careful in not crossing the line where litigation could become a possibility. She said the applicants were taking the resident's concerns into account and making concessions based on the concerns. Council Member Kai expressed concern regarding the three-story apartments. Ms. Large explained that more modern developments are utilizing three stories. Council Member Kai asked if it would be a deal-breaker for the project if they had two-story apartments instead of three. Ms.Large replied that the applicant would like to keep three-stories on the east side of the project and could be open to limiting apartments to two-stories on the west side. Council Member Officer commented on the drainage infrastructure, expressed support for the proposed project,commended the outreach completed thus far,and agreed with Council Member Comerford regarding legal concerns. Mayor Honea stated that some of the residents wanted conflicting things - for example, some wanted a wall surrounding the property while some did not. Mayor Honea stated the applicant has agreed to no commercial development on the west side of the property and that the apartments on that side would be two-story. He said he believes the applicants are doing everything they can to accommodate concerns. He further explained it has been a common practice to take smaller washes and direct them into one drainage area, and that such was done in the Dove Mountain development. He said the basins are not made to keep water from running into Sky Ranch, but to keep the water from running at such a high rate Council Regular Meeting Summary Minutes September 20,2022 Page 9 of 16 so as to flood Sky Ranch. He stated that the subject property has been owned since before Sky Ranch was built, and stated the General Plan has planned that area for commercial development. Council Member Ziegler asked whether the luxury apartments near Dove Mountain and Tangerine were two-story. Mr. Rozema confirmed they were two-story. Council Member Ziegler said she would like to see a two-story condition on the apartments on both sides of the wash. She also requested that no more water flows than are currently existing be allowed in accordance with Town Code and that the water flows are not interrupted so the residents of Sky Ranch can continue to benefit from the flows. She requested an explanation from Town Staff regarding the flows. Public Works Director Fausto Burrell stated that the Town Code required the amount of flow to be maintained with any improvements. He said when hardscape is installed in a development, there is less permeation, and therefore additional improvements, such as basins, must be included in the development to account for increased flows. When water leaves the basins, it must be at the same point or less than where it traditionally flows. Council Member Ziegler asked to see a new concept plan, if possible, without having another meeting so everyone present could see it. Ms. Large stated the concepts are potential scenarios, and that there are a number of other potential scenarios with the land uses permitted. Council Member Ziegler asked if what is agreed on tonight could be memorialized and sent to the president of the Sky Ranch Home Owners Association. Town Attorney Jane Fairall explained that a rezoning condition could be added requiring the applicant to put together a concept plan showing the new conditions agreed upon at the Town Council meeting. Mayor Honea stated that if something was approved at the meeting, a concept plan would be put together and delivered to the HOA. Ms.Large stated that,if the rezoning was approved, they would put together a final version of the specific plan that incorporated all of the conditions and would update the land use concept to show those conditions. Council Member Ziegler asked for clarification as to whether Ms. Large agreed to a two- story apartment restriction on both sides of the wash. Ms. Large agreed to that condition. Council Member Craig requested that the large wash natural space be expanded to 300 feet. After conferring with the applicant, Ms. Large stated they could accommodate an additional 50 feet along the wash, but that 300 feet would not work for the project. Council Member Comerford asked Ms. Fairall whether a development plan would be needed if the rezone was approved. Ms. Fairall confirmed a plat (for residential Council Regular Meeting Summary Minutes September 20,2022 Page 10 of 16 development) or a development plan(for commercial or apartments)would still be required. Ms. Fairall stated that final plats would come before the Council, usually on the consent agenda, and that development plans are administratively approved by Town staff. Council Member Ziegler stated there should be nothing on the west side of the wash but single-family residential development. Ms. Large stated there are two types of multi-family residential housing units - one is traditional apartment buildings and one consists of detached, unplatted units (similar to rental homes) that they hope to construct on the west side. Ms. Large clarified that they also hope to maintain the option to construct apartments on the west side as well. Vice Mayor Post asked for a summary of what the applicant agreed to during the Town Council Meeting. Ms. Large stated they were in agreement with the following additional conditions/revisions: • Commercial development would be limited to the east side of the wash. • Multi-family apartments would all be two-story throughout the property. • The large wash natural area would be expanded to 150 feet minimum width. • Drainage will comply with the Town Code. • The buffer area in which two-story homes are restricted would be expanded from 50 to 100 feet. • The percentage of two-story houses would be 50% of single-family residences instead of 60% (after input from Council Member Ziegler). • The condition recommended by the Planning Commission regarding two-story homes being required along Tangerine Road would be removed. Vice Mayor Post moved, and Council Member Ziegler seconded, the motion to approve Ordinance No. 2022.014 and Resolution No. 2022-099, subject to the conditions/revisions summarized above. Mayor Honea asked the Town Clerk to conduct a roll-call vote. Motion passed 6-1 with Mayor Honea, Vice Mayor Post, Council Member Kai, Council Member Comerford, Council Member Ziegler, and Council Member Officer voting in favor and Council Member Craig voting against. A3 PUBLIC HEARING: Ordinance No. 2022.015: Relating to Transaction Privilege Tax; rescinding Ordinance No. 2022.011; amending the Town Tax Code by decreasing the tax rate on the sale of manufactured buildings under Town Tax Code Section 8-427 by one-half cent; and designating an effective date (Yiannis Kalaitzidis) Mayor Honea opened the public hearing. Council Regular Meeting Summary Minutes September 20,2022 Page 11 of 16 Town Attorney Jane Fairall presented on this item. Ms. Fairall reminded the Council that in August,the Town Council adopted an ordinance exempting manufactured buildings from paying the increased 1/2 cent sales tax adopted last October for the design and construction of the community and aquatic center. Subsequently, the Arizona Department of Revenue informed the Town that it did not approve of the way the ordinance was written. Staff has worked with the Department of Revenue to draft an ordinance satisfactory to the Department, and the ordinance associated with this item is that ordinance. Ms. Fairall explained the ordinance provides that the increased 1/2 cent sales tax would not apply to manufactured housing. Mayor Honea asked if there were any questions. There were no questions. Mayor Honea closed the public hearing. Vice Mayor Post moved, and Council Member Ziegler seconded, the motion to approve Ordinance No. 2022.015. Motion passed, 7-0. A4 Resolution No. 2022-100: Relating to Development; adopting the 2022 Land Use Assumptions, the 2022 Streets Facilities Infrastructure Improvements Plan, the 2022 Parks Infrastructure Improvements Plan, the 2022 Water Facilities Infrastructure Improvements Plan, and the 2022 Wastewater Facilities Infrastructure Improvements Plan supporting development impact fees for Streets, Parks, Water, and Sewer (Fausto Burruel,Jim Conroy,Jing Luo) Public Works Director Fausto Burrell presented on this item. A copy of the PowerPoint Presentation and copies of the Final Land Use Assumptions Report, the Final Land Use Assumptions, the Final Streets IIP Report, the Final Streets IIP, the Final Parks IIP Report, the Final Parks IIP, the Final Water IIP, and the Final Sewer IIP Report (each of which depict the changes since the last meeting in yellow highlight) are on file with the Town Clerk's Office. Mr. Burrell stated Town staff and stakeholders have done a lot of work since the last meeting approximately a month and a half ago. Mr. Burrell briefly explained the background on impact fees in the first slide of the PowerPoint presentation, and highlighted that impact fees are only available for new improvements,not maintenance,that they cannot be used to improve existing deficiencies, only to building equivalent levels of service, and that they must be assessed in accordance with a developments proportionate share. He further explained that the land use assumptions and infrastructure improvement plans must be updated at least every five years, which was the purpose of the current Town Council meeting. Mr. Burrell explained the following minor changes to the land use assumptions since the last meeting: Council Regular Meeting Summary Minutes September 20,2022 Page 12 of 16 1. Table of Contents - date updated. 2. Page 3 - Tables 1 and 2 now reflect most recent census data. 3. Page 4 - date updated. 4. Page 9 - date updated; Table 4 Medical use added to table. 5. Page 10 - text added to explain the difference between the estimated future population and Arizona State Demographers; Table 5 - table values have changed slightly. Mr. Burrell explained the following changes to the Streets Infrastructure Improvement Plan (IIP): 1.Page 3-added text for clarification and defines project categories and explanation for Tablel, this continues on Page 5. 2. Page 7- References newly added Table in Appendix C. 3. Page 11 - corrected square footage of nonresidential building area. 4. Page 13 - added clarification text for sales tax credit. 5. Appendix B Table - updated last two columns due to Parks IIP update. 6. Appendix C Table - added table to better illustrate cost allocation methodology. Mr.Burrell presented the Appendix C table in the Final Streets IIP and provided an example of how the calculations work. He explained that Town staff worked with stakeholders in coming up with the current methodology. Mr. Burrell then explained the following changes to the Parks IIP, and said this is where most of the work has been over the last month and a half: 1. All highlighted sections within the document are due to Parks Impact Fees now being associated with nonresidential uses. 2. Methodology used is similar to Oro Valley and Tucson's. a. Inflow Commuters vs. Residents to establish cost allocation percentage (96% Residential vs. 4% Non-Residential). b. Service Unit for Non-Residential developments is based on jobs (percentage of job growth based on 1,000 square feet). 3. SFR Residential Fee identified in the draft document presented on August 3, 2022 reflected $2,656.00/EDU. 4. SFR Updated Residential Fee $2,529.63/EDU for SFR. 5. New Non-Residential Fees range from$9.00 - $870.00 per 1,000 square feet based on employment level. Council Regular Meeting Summary Minutes September 20,2022 Page 13 of 16 At Vice Mayor Post's request, Mr. Burrell presented Figure 4 in the Final Parks IIP and explained the calculations involved to get the 96% to 4% split. Vice Mayor Post expressed concern with charging businesses impact fees for parks. Mr. Burrell explained the. justification for such fees, stating that employees may go to a park for lunch to eat or walk park trails before or after work as examples. He said a lot of research went into this. Mr. Burrell presented pdf pages 24 and 25 of the Final Parks IIP and explained how the service units are generated.Vice Mayor Post asked for and received some example calculations,and he expressed concern about businesses moving into Marana and having to pay this fee. Town Attorney Jane Fairall explained that the impact fee statute, as amended in 2011, requires the Town to assess impact fees against residential, commercial,industrial, and non- residential. Vice Mayor Post commented we have not charged businesses for the last 12 years. Ms. Fairall explained that in the 2014 and 2017 IIPs,the Town acknowledged what the statute said, but that additional research and analysis was required. Town staff has now reviewed other jurisdictions in the area and around the state that are including this calculation in their IIPs, and feel that it is appropriate under the law that the fee now be included in accordance with a generally accepted methodology. Vice Mayor Post asked if cities and towns in Arizona that are attracting job opportunities are charging this fee. Mr. Burrell stated that research has not been conducted, but said he did briefly look at Casa Grande and believed they charged the fee. Mr. Burrell further explained that this was a relatively small, one-time fee and explained certain exceptions. Mr. Burrell then presented Figures 20 and 21 in the Final Parks IIP and explained that these two tables summarize where the Town is at with respect to projected revenues and the plan costs and detailed the changes since the last meeting. Mr. Burrell presented slide 9 of the PowerPoint presentation and explained that project costs increased. Vice Mayor Post asked for clarification as to whether aquatic facilities could be covered by impact fees. Ms. Fairall stated the statute did not allow impact fees to be used to fund aquatic facilities. Vice Mayor Post stated that new competition swimming pool was one of the listed items in slide 9. Don McGann with McGann&Associates stated the impact fee statute exempted swimming pools from the aquatic center prohibition. Mr. Burrell said there were no changes to the Water and Sewer IIPs. He then provided the following timeline update: 5/13/2022 Publication of Draft LUA and IIP's 6/23/2022 Stakeholder Outreach Meeting 8/3/2022 Public Hearing for LUA and IIP's 9/20/2022 Council Action on LUA and IIP's Council Regular Meeting Summary Minutes September 20,2022 Page 14 of 16 9/23/2022 Notice of Intent to Implement Impact Fees 11/1/2022 Public Hearing for Impact Fees 12/6/2022 Council Action for Impact Fees 2/20/2023 Impact Fees Effective (min 75 days from council action) Council Member Comerford thanked Mr. Burrell work working with stakeholders regarding their concerns and for the amount of work went into it. Mayor Honea asked if there were any questions. There were no questions. Vice Mayor Kai moved, and Council Member Officer seconded, the motion to adopt Resolution No. 2022-100. Motion passed, 7-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION 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 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 - ADD LANGUAGE HERE AND EXEC. 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). Mayor Honea asked for future agenda items. Vice Mayor Post asked that the placement or direction of the Utilities Board be placed added as an agenda item. Mayor Honea stated it would be added as a future agenda item. Mayor Honea asked if there were any other future agenda items. There were no others. ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Motion passed, 7-0. Meeting adjourned at 9:11 PM. Council Regular Meeting Summary Minutes September 20,2022 Page 15 of 16 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 20, 2022. I further certify that a quorum was present. David L. Udall, Town Clerk XS& Amennomiummomma MARANA AZ ESTABLISHED 1977 • Council Regular Meeting Summary Minutes September 20,2022 Page 16 of 16