HomeMy WebLinkAboutStudy Session Packet 10-11-2016M
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MARANA TOWN COUNCIL
STUDY SESSION
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 11, 2016, at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
Pursuant to A.R. S. § 3 8- 431.02, notice is hereby given to the members of the Marana Town
Council and to the general public that the Town Council will hold a meeting open to the public on
October 11, 2016, at or after 6:00 PM located in the Council Chambers of the Marana Municipal
Complex, 11555 W. Civic Center Drive, Marana, Arizona.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items
appear in italics.
The Council Chambers are wheelchair and handicapped accessible. Persons with a disability may
request a reasonable accommodation, such as a sign language interpreter, by contacting the Town
Clerk at (520) 382 -1999. Requests should be made as early as possible to arrange the
accommodation.
This Notice and Agenda posted no later than Monday, October 10, 2016, 6:00 PM, at the Marana
Municipal Complex, 115 5 5 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina
Road, and at www.maranaaz.gov under Agendas and Minutes.
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE
APPROVAL OF AGENDA
Marana Study Session Council Meeting 10/11/2016 Page 1 of 16
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue
within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing
at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to
address the Council must complete a speaker card located outside the Council Chambers
and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals
addressing a meeting at the Call to the Public will not be provided with electronic
technology capabilities beyond the existing voice amplification and recording capabilities in
the facilities. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the
Public, individual members of the Council may respond to criticism made by those who
have addressed the Council, and may ask staff to review the matter, or may ask that the
matter be placed on a future agenda.
DISCUSSION /DIRECTION /POSSIBLE ACTION
DI Presentation: Relating to Transportation; update regarding the Regional
Transportation Authority plan (Jocelyn C. Bronson)
D2 Relating to Strategic Planning; discussion and direction regarding the fourth iteration
of the Marana Strategic Plan, including options for different approaches to the
development process (Gilbert Davidson)
D3 Relating to Real Estate; discussion and direction to staff regarding requests for use of
public right -of -way for telecommunications and radio frequency transport purposes,
including pending requests by Mobilitie, LLC for a license to use public right -of -way
for these purposes and for conditional use permits to install new utility poles and
equipment associated with a small cell distributed antenna system (Frank Cassidy)
D4 Relating to Commerce; discussion, direction and possible action regarding the
proposed Ina Corridor Business Support Program, which is intended to aid
businesses in several ways as the Ina /I -10 interchange is reconstructed. (Tony
Hunter)
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)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any
matter listed on this agenda.
Marana Study Session Council Meeting 10/11/2016 Page 2 of 16
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
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Council -Study Session D1
Meeting Date: 10/11/2016
To: Mayor and Council
From: Jocelyn C. Bronson, Town Clerk
Date: October 11, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Presentation: Relating to Transportation; update regarding the Regional Transportation
Authority plan (Jocelyn C. Bronson)
Discussion:
Mindy Blake, outreach coordinator at the Pima Association of Governments, will be giving
Council a preview of a presentation she will be making to community groups to raise public
awareness of the Regional Transportation Plan and what it has delivered to date.
Staff Recommendation:
Presentation only.
Suggested Motion:
Presentation only. No action is required.
Attachments
No file (s) attached.
Marana Study Session Council Meeting 10/11/2016 Page 4 of 16
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Council -Study Session
Meeting Date: 10/11/2016
To: Mayor and Council
Submitted For: Gilbert Davidson, Town Manager
From: Anthony Hunter, Management Assistant
Date: October 11, 2016
Strategic Plan Focus Area:
Not Applicable
D2
Subject: Relating to Strategic Planning; discussion and direction regarding the fourth
iteration of the Marana Strategic Plan, including options for different approaches
to the development process (Gilbert Davidson)
Discussion:
The Marana Strategic Plan is an essential document in the execution of a shared community
vision. This fourth iteration of the plan will be especially important as the economy shows sign of
improvement, new opportunities for development emerge across Marana, and challenging
decisions need to be made about the future of the community and the Town organization. In this
discussion, staff will present options for how Council may approach the process of developing the
new plan. These include the format by which Council and staff will develop new plan ideas, if
Council wants a separate community engagement process, and if Council wants to utilize a new
software system designed to organize and report strategic plan progress reports.
The proposed format will be small Council groups for each focus area of the strategic plan, which
will have staff assigned who have the technical background for that particular focus area. Each
working group will spend time on each focus area. By the end of the process, each Council
member will have spent time working on each focus area. At the conclusion of the small working
group phase, the entire Council will meet to review and set priorities based upon the input from
each individual Council member on the individual focus area. Additional detail and a matrix will
be presented for Council consideration of this proposed format.
In addition to the proposed format, Council will need to discuss and provide direction related to
community engagement. This phase could take place after the Council has worked through its
process or it could be initiated at the beginning so that Council considers those requests as part of
Marana Study Session Council Meeting 10/11/2016 Page 5 of 16
the Council working group process. Finally, Town staff has identified a software package that
could help generate usable reports for Council and the public. Additional information related to
this software system will be discussed at the Council meeting.
Staff Recommendation:
Staff asks for direction from Council as to the options presented.
Suggested Motion:
Council's pleasure.
Attachments
No file (s) attached.
Marana Study Session Council Meeting 10/11/2016 Page 6 of 16
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Council -Study Session D3
Meeting Date: 10/11/2016
To: Mayor and Council
From: Frank Cassidy, Town Attorney
Date: October 11, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Real Estate; discussion and direction to staff regarding requests for use of
public right -of -way for telecommunications and radio frequency transport purposes,
including pending requests by Mobilitie, LLC for a license to use public right -of -way
for these purposes and for conditional use permits to install new utility poles and
equipment associated with a small cell distributed antenna system (Frank Cassidy)
Discussion:
Mobilitie, LLC provides communications infrastructure for telecommunications companies,
including Sprint. Mobilitie is the first telecommunications company to request installation of
small -cell local distribution network within the Town's public right -of -way, including the
installation of new utility poles to be used to attach small -cell facilities and to connect its local
distribution network to the communication hub.
Other telecommunications companies have licenses to use Town rights -of -way for installation of
underground cable and /or cable attached to existing utility poles, but their local distribution
network consists entirely of antennas installed outside the public right -of -way.
In an effort to expand Sprint's cellular telephone coverage, Mobilitie hopes to create a local
distribution network consisting of so- called "small cells" -- an approach explained in a June 7,
2016 Wall Street Journal article attached as backup to this item. Small cell infrastructure can be
attached as an extension on top of existing street lights and other utility poles (pictured on the first
page of the article), as attachments to buildings and other existing vertical features, or as
attachments to new poles.
The Town typically grants a revocable right to use public right -of -way through the issuance of a
license. The Town issues right -of -way licenses for utility encroachments, landscaping, signage,
Marana Study Session Council Meeting 10/11/2016 Page 7 of 16
and other purposes. Major public service companies like Comcast and Trico have franchise
agreements, which are similar to licenses, but apply to the entire Town or entire portions of the
Town and which require voter approval. A license or franchise shows that the Town has given
permission to use the public right -of -way for a particular purpose and (with a license) in a
particular location. Licensees and franchisees are required to relocate their facilities at their own
cost to accommodate conflicting Town use of the right -of -way.
After obtaining a license or franchise, an applicant must get aright -of -way use permit for the
specific construction activity or installation that occurs in the public right -of -way. The
right -of -way use permit allows Town staff to ensure that traffic safety and construction standards
are met.
Mobilitie expressed a desire to attach 42" extensions atop Town -owned and TEP -owned poles
when it first approached the Town in September 2015. By June 2016, Mobilitie was asking to
install new utility poles in Town right -of -way. Town staff explained that cell towers of any kind
had never before been permitted in the public right -of -way, and that each individual installation
would also need to be approved (if at all) through the Town's conditional use permit process,
involving a public hearing before and recommendation by the Marana Planning Commission and
a public hearing and ultimate decision by the Marana Town Council.
Town staff has scheduled tonight's study session to give the Town Council a preview of and an
opportunity to ask questions about and provide direction to Town staff regarding the upcoming
Mobilitie license application and conditional use permit applications.
Municipalities are not permitted to adopt ordinances that have the effect of prohibiting any
telecommunications corporation from providing telecommunications service. However,
municipalities can require telecommunications companies to provide service using the least
intrusive means. Least intrusive does not mean least expensive.
In the 2016 legislative session, the Arizona legislature adopted A.R.S. § 9-584, a law to
accommodate the placement of "microcells" in the public right -of -way. No cases have yet
interpreted the new law, and some of its provisions are ambiguous. It requires municipalities to
allow microcell installations in the public right -of -way by already- licensed cable companies and
"any telecommunications corporation that was providing telecommunications service within this
state on November 1, 1997 pursuant to a grant made to it or its lawful predecessors prior to the
effective date of the Arizona Constitution" (referred to here as "Ma Bell" for short). The law also
requires municipalities to allow telecommunications companies to operate in a competitively
neutral and nondiscriminatory basis.
Mobilitie is neither a cable company nor Ma Bell. But Mobilitie will likely argue that the new
law requires the Town to allow Mobilitie to attach small cell facilities to existing utility poles in
the Town's public right -of -way. The Town Attorney is not convinced that the Town is required to
allow Mobilitie to attach its small cell facilities to existing utility poles. However, the Town
Attorney is convinced that the Town may do any or all of the following on a competitively neutral
and nondiscriminatory basis:
• The Town may in most cases require camouflaging of any telecommunication equipment to
improve its appearance
• The Town may prohibit erection of new utility poles or towers in the right -of -way for the
Marana Study Session Council Meeting 10/11/2016 Page 8 of 16
attachment of small cell facilities
• The Town may prohibit ground- mounting of communications facilities and may require all
supporting infrastructure and "backhaul" to be placed underground
The communication hub connecting antennas in the local distribution network to the mother
communication facilities is referred to as the "backhaul." During discussions with Town
staff, Mobilitie representatives have expressed a desire for "backhaul" to occur by use of
microwave facilities. Microwave requires line -of -sight clearance between the antennas in the
local distribution network and the "backhaul" cell tower. To maintain a clear line -of- sight, poles
tend to be higher than would be necessary if the "backhaul" were accomplished through more
traditional underground fiber -optic cable.
Mobilitie's initial plans call for the erection of two new utility poles -- an approximately 75 -foot
tall "backhaul" microwave tower to be constructed in the right -of -way of River Road just north of
Joiner Road, and an approximately 73 -foot tall small cell tower on Ina Road about 1000 feet west
of Thornydale Road (in front of the Discount Tire store). These poles will be the subject of
upcoming conditional use permit (CUP) applications, which will likely go through the public
hearing process before the Planning Commission and the Town Council later this year.
Before bringing the CUP applications forward, the two initial proposed utility pole sites will be
brought forward in a right -of -way license, which is currently anticipated to be presented to the
Town Council for consideration on October 18.
Staff Recommendation:
Council's pleasure.
Suggested Motion:
Council's pleasure.
Attachments
WSJ Mobilitie article
Marana Study Session Council Meeting 10/11/2016 Page 9 of 16
Sprint's Wireless Fix? More Telephone Poles - WSJ
THE IV_NI.I, STREET JOURNAL..
Page 1 of 5
This copy is for your personal, non - commercial use only. To order presentation -ready copies for distribution to your colleagues, clients or customers visit
http / /www.djreprints.com.
http: / /www.wsj.com /articles/ sprints -d rive -to -im prove- coverage- faces - perm it- delays - 1465337015
TECH
S print's Wireless Fix? More Telephone
Poles
Wireless provider's innovative plan to boost cell service runs into local
hurdles
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5
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One of the wireless antennas being installed on light poles in cities around the country for Sprint and other
carriers to increase cellphone service quality at lower cost than much - larger tower antennas. Pole above is in
Los Angeles. PHOTO: CELL TOWERPHOTOS. COM
By RYAN KNUTSON
June 7, 2016 6:03 p.m. ET
Don Budreski earlier this year noticed a roughly three -story -tall utility pole pop up across
the street from his Baltimore electronics shop.
Marana Study Session Council Meeting 10/11/2016
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http: / /www.wsj .com /articles/ sprints- drive -to- improve- coverage- faces - permit- delays -14653 ... 9/26/2016
Sprint's Wireless Fix? More Telephone Poles - WSJ
Page 2 of 5
"It was just odd," he said of the slender, steel post. "I thought, `What are they putting that
thing there for?'"
Mr. Budreski had caught a glimpse of a key element of Sprint Corp.'s plan to improve its
network and win back customers: thousands of sidewalk utility poles.
The Overland Park, Kan., company wants to install low -power cellular antennas in public
rights of way, land typically holding utility poles, street lamps and fire hydrants. In places
where it can't strap antennas to existing poles, it wants to erect new poles.
Sprint is primarily working with Mobilitie LLC, a Newport Beach, Calif., company to
build these cellular antenna systems from California to Massachusetts. Mobilitie has
begun installing them, which it says are typically the size of a briefcase and often inside
boxes attached to the poles.
RELATED READING
But the rollout has been delayed as
communities confront what some
SoftBank to Sell $7.9 Billion of Alibaba Stock
• The Plan to Fix Sprint
consider unsightly installations and
authorities wrestle with new regulatory
• SoftBank's Profit Falls as Sprint Turnaround Continues questions. Sprint recently slashed its
• Sprint Loss Widens Even as It Adds Customers capital spending plans for the year as it
waits for zoning approvals. Mobilitie
says it has about 1, o 0 o permits
approved and will start large -scale installations once more are in hand.
In the past, wireless carriers built towers of 200 feet or more that could send signals over
large areas to cover as many customers as possible. Now that more people use
smartphones to stream videos and surf the Web, carriers want to put lower -power
antennas closer to the ground so that fewer people will connect to each one — resulting in
less network congestion.
"It's not a new concept," said John Saw, Sprint's chief technology officer. "All carriers are
trying to `densify' their networks." But Sprint's goal is to be "cheaper and faster and more
innovative" than its rivals, he said.
Popping antennas on existing utility poles is something most carriers are hoping to do.
But cash - strapped Sprint aims to take the concept further than rivals: It is hoping to
install as many as 70, o 0 o antennas in the public right of way over the next few years. By
comparison, it has 40,000 traditional antenna sites on towers or rooftops.
Marana Study Session Council Meeting 10/11/2016
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http: / /www.wsj .com /articles/ sprints- drive -to- improve- coverage- faces - permit- delays -14653 ... 9/26/2016
Sprint's Wireless Fix? More Telephone Poles - WSJ
No Cell Left Behind
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Page 3 of 5
It is a central piece of a
strategy devised in early
2015 by Sprint Chairman
Masayoshi Son to
improve service while
keeping costs down.
Companies can negotiate
with a city for one deal
that includes various
permits. Mobilitie Chief
Executive Gary Jabara
says building and
operating these so- called
small cells costs about
$190,000 over 10 years,
whereas a traditional tower costs $732,000 because of real estate rents, power and other
costs.
The airwaves Sprint owns are ideally suited for this design because their high frequency
prevents them from traveling long distances. Rather than string fiber -optic cables to each
antenna, Sprint hopes to link them via wireless connections, further bringing down costs
and speeding deployment.
Analyst Jonathan Atkin at RBC Capital Markets is skeptical, saying Sprint may only be
able to build a fraction of the sites it wants in public rights -of -way governed by federal,
state and local laws.
Mobilitie's practices in some places have faced local resistance. It has filed applications
under various corporate names, including the Illinois Utility Pole Authority, NC
Technology Relay Networking, and Interstate Transport and Broadband. It has used
similar- sounding names in at least 30 states.
Joseph Van Eaton, a lawyer who represents municipalities dealing with the applications,
says the names are misleading. "You may very well end up with some of these
applications being granted for exactly the reason why they like these names —it sounds
official," he said.
Marana Study Session Council Meeting 10/11/2016
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http: / /www.wsj .com /articles/ sprints- drive -to- improve- coverage- faces - permit- delays -14653 ... 9/26/2016
grass strlps be=tween the
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THE WALL STRITTJOURNAI..
Page 3 of 5
It is a central piece of a
strategy devised in early
2015 by Sprint Chairman
Masayoshi Son to
improve service while
keeping costs down.
Companies can negotiate
with a city for one deal
that includes various
permits. Mobilitie Chief
Executive Gary Jabara
says building and
operating these so- called
small cells costs about
$190,000 over 10 years,
whereas a traditional tower costs $732,000 because of real estate rents, power and other
costs.
The airwaves Sprint owns are ideally suited for this design because their high frequency
prevents them from traveling long distances. Rather than string fiber -optic cables to each
antenna, Sprint hopes to link them via wireless connections, further bringing down costs
and speeding deployment.
Analyst Jonathan Atkin at RBC Capital Markets is skeptical, saying Sprint may only be
able to build a fraction of the sites it wants in public rights -of -way governed by federal,
state and local laws.
Mobilitie's practices in some places have faced local resistance. It has filed applications
under various corporate names, including the Illinois Utility Pole Authority, NC
Technology Relay Networking, and Interstate Transport and Broadband. It has used
similar- sounding names in at least 30 states.
Joseph Van Eaton, a lawyer who represents municipalities dealing with the applications,
says the names are misleading. "You may very well end up with some of these
applications being granted for exactly the reason why they like these names —it sounds
official," he said.
Marana Study Session Council Meeting 10/11/2016
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http: / /www.wsj .com /articles/ sprints- drive -to- improve- coverage- faces - permit- delays -14653 ... 9/26/2016
Sprint's Wireless Fix? More Telephone Poles - WSJ Page 4 of 5
Mobilitie is willing to modify its applications to avoid being disruptive, Mr. Jabara says.
"It's more important to be a good citizen" than to move quickly, he said. "You have to do
the right thing."
Mr. Jabara says the names also make it easier for local officials to understand the status
of his firm. The company is a registered utility and those business names help reflect that
status, he says. "In some states it's more comprehensible for a jurisdiction to work with
an authority," he said. In the future, the company will most often use the name
"Mobilitie" in dealings with local officials, he said.
In Salem, Mass., Mobilitie applied last fall to install antennas on seven poles. After some
residents expressed concerns over the look of the antennas, the company withdrew three
applications and agreed to camouflage the other four.
`Not in my backyard has been around for a very long time. '
John Saw, Sprint CTO
In Baltimore,
Mobilitie was
fined $5,000
for failing to get
proper permits
for the
temporary pole
across from Mr. Budreski's shop, which was taken down after a few days. The company
since has received approval to attach equipment to 14 poles across the city. It will pay
Baltimore $70,000 for pole attachment rights in the first year of the deal. Mr. Jabara
says that amount is unusually high, and many places charge less than $5o a year per
pole.
Mr. Jabara says such incidents were inadvertent mistakes. Sprint's Mr. Saw says his
company is committed to being patient and making sure municipalities are comfortable
with its plans.
"We're not surprised that sometimes you will run into opposition in certain
jurisdictions," Mr. Saw says. "'Not in my backyard' has been around for a very long
time."
Write to Ryan Knutson at ryan.knutson@wsj.com
Marana Study Session Council Meeting 10/11/2016
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http: / /www.wsj .com /articles/ sprints- drive -to- improve- coverage- faces - permit- delays -14653 ... 9/26/2016
Sprint's Wireless Fix? More Telephone Poles - WSJ
Copyright 2014 Dow Jones & Company, Inc. All Rights Reserved
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Council -Study Session
Meeting Date: 10/11/2016
To: Mayor and Council
Submitted For: Gilbert Davidson, Town Manager
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: October 11, 2016
Strategic Plan Focus Area:
Commerce
D4
Strategic Plan Focus Area Additional Info:
This program is intended specifically to aid businesses along the Ina corridor during the major
reconstruction of the Ina /I -10 interchange. By supporting these businesses through this
transitional period, we are directly supporting commerce in Marana.
Subject: Relating to Commerce; discussion, direction and possible action regarding the
proposed Ina Corridor Business Support Program, which is intended to aid
businesses in several ways as the Ina /I -10 interchange is reconstructed. (Tony
Hunter)
Discussion:
In early 2017, the I -10 interchange at Ina Road will be closed for a roughly two -year period to
allow for its complete reconstruction. Naturally, this will cause significant disruptions in normal
commercial traffic for the businesses along the Ina Corridor in Marana. To mitigate these effects
and to support our local businesses, staff is proposing a multi - faceted program which would
include the following elements:
• Promotional signage: Sponsored by the Town, these signs would be generally designed for
business attraction and placed at strategic locations along the Ina Corridor.
• Mobile app: Acting as a mobile digital hub for the program, this app would allow residents
and visitors to view maps of the area, lists of Ina businesses, and even see special deals and
sales.
• Construction Zone Temporary Banner Signage: Land Development Code amendment to
allow temporary on -site banner signs for the duration of a construction project in
commercial corridors. These changes will be limited to significantly disruptive construction
projects where normal traffic patterns are substantially altered.
Marana Study Session Council Meeting 10/11/2016 Page 15 of 16
Financial Impact:
Fiscal Year: FY'17/FY'18
Budgeted Y/N: N
Amount: Unknown
Fiscal impact will depend upon the number and type of signage being installed by the Town,
technology costs, advertising and marketing costs, and other elements of promotion. In addition,
the Town may need to advertise, promote, and /or distribute messaging to the general public to
support the businesses along the Ina Corridor. If existing budgets within Communications and
Marketing, Manager's Office, Economic Development, Tourism, Public Works, Engineering, and
Technology Services are not able to appropriately cover the necessary cost, staff will bring an
item back to Council authorizing the use of contingency funding.
Staff Recommendation:
Staff recommends Council authorization to implement the marketing and promotional elements of
the Ina Corridor Business Support Program. Regulatory authorizations related to signage will be
brought back to Council for formal adoption at a future meeting.
Suggested Motion:
I move to approve the Ina Corridor Business Support Program concept and direct staff to bring
back to Council an action item to create a Construction Zone Temporary Banner Signage
program.
Attachments
No file (s) attached.
Marana Study Session Council Meeting 10/11/2016 Page 16 of 16