HomeMy WebLinkAbout10-18-2022 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, October 18, 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 Town Clerk to call
the roll. All seven Council Members were present. A quorum was present.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor
Honea.
APPROVAL OF AGENDA
Vice Mayor Post moved to remove Item C2 from the Consent Agenda and place it under
Council Action and to otherwise approve the agenda as presented. Council Member Kai
seconded the motion. Motion passed, 7-0.
CALL TO THE PUBLIC
A
PROCL ATIONS M
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PR1 Proclamation recognizing the month of November as "American Diabetes
Awareness Month" (David L. Udall): The proclamation was read by the Town Clerk.
PR2 Proclamation recognizing the month of November as "Lung Cancer Awareness
Month" (David L. Udall): The proclamation will be mailed to the recipient.
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Comerford recognized Marana High School dance team members in
attendance at the meeting and highlighted a letter from a constituent complementing the
Town.
Mayor Honea commented on and praised the recent Fall Festival event.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Town Manager Terry Rozema stated the Town issued 15 single-family residential
permits in October thus far with 21 pending applications. Last October, there was a total
of 128 issued permits for the month. He praised the Fall Festival event and staff that put
on the event and said the Holiday Festival event was scheduled for December 3, 2022.
Mr. Rozema said the Town was draining water at El Rio Preserve for testing and for
shoring up the bottom of the lake. He said another Concerts in the Courtyard event was
scheduled for October 20, 2022 at 5:00 PM. Mr. Rozema stated the construction work
around the Municipal Complex is on schedule to be completed prior to the Holiday
Festival. He said Development Services Deputy Director Jennifer Flood would be the
new Public Works Deputy Director.
PRESENTATIONS
CONSENT AGENDA
Cl Ordinance No. 2022.018: Relating to Business Regulations;revising Marana Town
Code Title 9 (Business Regulations); revising section 9-13-7 (Operational Requirements)
to authorize mobile food vendors selling shaved ice to operate on public rights-of-way in
areas zoned for residential use; and designating an effective date (Libby Shelton)
[Item C2 was removed from the Consent Agenda and placed under Council Action.]
C3 Ordinance No. 2022.020: Relating to Municipal Court; revising Marana Town
Code Title 5 (Municipal Court),chapter 5-2 (Magistrate department), section 5-2-1 (Town
magistrate) to provide that the Town Magistrate's term of office shall be for a minimum
period of two years; and designating an effective date (Jane Fairall)
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C4 Resolution No. 2022-102: A resolution of the Mayor and Common Council of the
Town of Marana, Arizona, approving the form and authorizing the execution and
delivery of a loan agreement with the Water Infrastructure Finance Authority of Arizona
from its Drinking Water Revolving Fund Program; delegating the determination of
certain matters relating thereto to the manager of the town; providing for the transfer of
certain monies and making certain covenants and agreements with respect thereto;
authorizing the taking of all other actions necessary to the consummation of the
transactions contemplated by such loan agreement and this resolution and declaring an
emergency (Jing Luo)
C5 Resolution No.2022-104: Relating to Municipal Court;approving the appointment
of Mary Soehnle as a civil traffic violation hearing officer for the Marana Municipal Court
(Laine McDonald)
C6 Resolution No. 2022-105: Relating to Police Department; approving and
authorizing the Chief of Police to execute a Task Force Agreement between the United
States Department of Justice, Drug Enforcement Administration and the Marana Police
Department for 2022-2026 (Libby Shelton)
C7 Resolution No.2022-106: Relating to Water;approving and authorizing the Mayor
to sign the Intergovernmental Agreement Between the Arizona Water Banking Authority
and Town of Marana for M&I Firming (Jing Luo)
C8 Approval of the Regular Council Meeting Summary Minutes of October 4, 2022,
and Approval of Council Special Meeting Summary Minutes of October 5, 2022 (David
L. Udall)
Vice Mayor Post moved to approve the Consent Agenda with Item C2 removed. Council
Member Kai seconded the motion. Mayor Honea requested a roll call vote. In favor:
Mayor Honea, Vice Mayor Post, Council Member Craig, Council Member Comerford,
Council Member Kai, Council Member Officer, and Council Member Ziegler. Against:
None. Motion passed, 7-0.
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
C2 Ordinance No. 2022.019: Relating to Mayor and Council; revising Marana Town
Code Title 2 (Mayor and Council), chapter 2-2 (Council election), section 2-3-4 (Powers
and duties of the mayor) to provide that the Mayor's emergency powers do not include
the power to close businesses; and designating an effective date (Jane Fairall)
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Town Attorney Jane Fairall presented this item. Ms. Fairall said the ordinance would
amend the Town Code to conform with the requirements of HB 2107, which changed
state law to preclude mayors from closing businesses as part of their emergency powers.
Council Member Ziegler moved to adopt Ordinance No. 2022.019. Council Member
Comerford seconded the motion. Motion passed 7-0.
Al PUBLIC HEARING: Ordinance No. 2022.021: Relating to Development;
approving a modification of a rezoning condition of Marana Ordinance No. 2004.07,
which approved the rezoning for the 104-acre Willow Ridge development, to delete a
condition that prohibits two-story construction within 300 feet of Cortaro Farms Road as
it applies to Block B of Willow Ridge, a 3.60-acre parcel located at the southwest corner
of Cortaro Farms Road and Sandy Desert Trail (Brian D. Varney)
Mayor Honea opened the public hearing at 6:15 PM.
Senior Planner Brian Varney presented this item. A copy of the PowerPoint presentation
is on file with the Town Clerk's Office. Mr. Varney explained the rezoning request
involves changing a rezoning condition in Ordinance No. 2004.07 to allow for two-story
development within 300 feet of Cortaro Farms Road for an approximately 3.60-acre parcel
of land located on the southwest corner of Cortaro Farms Road and Sandy Desert Trail.
Mr. Burak Bekat with A23 Studios Corporation addressed the Council on behalf of the
applicant and asked if there were any questions.
Mayor Honea asked if apartments or condominiums would be developed on the subject
property. Mr. Bekat stated condominiums would likely be developed on the property.
Mayor Honea closed the public hearing at 6:20 PM.
Vice Mayor Post moved to adopt Ordinance No. 2022.021. Council Member Kai seconded
the motion. Motion passed, 7-0.
A2 PUBLIC HEARING: Ordinance No. 2022.022: Relating to Development; adopting
revisions to Title 17 "Land Development" of the Marana Town Code, including
miscellaneous revisions to Chapter 17-4 "Zoning", Section 17-4-2 (Use matrix) and
Section 17-4-7 (Commercial zoning districts), Section 17-6-8 (Medical marijuana
dispensary), and Chapter 17-10 "Signs", Section 17-10-15 (Classification; enforcement;
removal); and designating an effective date
Resolution No.2022-107: Relating to Development;declaring as a public record filed with
the Town Clerk the amendments adopted by Ordinance No. 2022.022, revisions to Title
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17"Land Development" of the Marana Town Code, including miscellaneous revisions to
Chapter 17-4 "Zoning", Section 17-4-2 (Use matrix) and Section 17-4-7 (Commercial
zoning districts), Section 17-6-8 (Medical marijuana dispensary), and Chapter 17-10
"Signs", Section 17-10-15 (Classification; enforcement; removal) (Steve Cheslak)
Mayor Honea opened the public hearing at 6:22 PM.
PlanningManager Steven Cheslakpresented this item. A copyof the PowerPoint
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presentation is on file with the Town Clerk's Office. Mr.Cheslak explained that the Town
Council adopted comprehensive revisions to the Land Development Code on June 15,
2021 (Ordinance No. 2021.010) with additional minor revisions adopted on March 15,
2022 (Ordinance 2022.006). He summarized the following proposed additional revisions:
• Amending Chapter 17-4 (Zoning) to modify the Use Matrix in Section 17-4-
2 to include "motel" use under the lodging category and to modify Table 6
in Section 17-4-7 (Commercial zoning districts) to include cross references
to existing residential standards for allowed residential uses in commercial
zones.
• Amending Chapter 17-6 (General Development Regulations) to modify
Section 17-6-8 (Medical marijuana dispensary) to clarify the definition of
offsite cultivation location.
• Amending 17-10 (Signs) to modify Section 17-10-15 (Classification;
enforcement; removal) to provide authority to Code Enforcement staff to
remove signs on public property in addition to removing signs within
public right-of-way.
Mayor Honea closed the public hearing at 6:25 PM.
Council Member Kai moved to adopt Ordinance No. 2022.022 and Resolution No. 2022-
107. Council Member Officer seconded the motion. Motion passed, 7-0.
A3 Ordinance No. 2022.023: Relating to Finance; amending the Town of
Marana comprehensive fee schedule to modify police extra-duty rates, to clarify fee for
traffic impact analysis, to add sewer and water tap fees, and to clarify fee for commercial
activity permit; and designating an effective date (Yiannis Kalaitzidis)
Finance Director Yiannis Kalaitzidis presented this item. Mr. Kalaitzidis explained that
the proposed fee update involved:extra duty police service fees adjusted to reflect market
changes related to salaries for police officers, sewer and water fees adjusted to reflect
actual costs of service, and changes to development and Parks and Recreation fees to
provide clarification for customers. Mr. Kalaitzidis said notice was posted and that
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relevant stakeholders were contacted. No comments were received. The changes would
become effective on December 1, 2022.
Vice Mayor Post moved to adopt Ordinance No. 2022.023. Council Member Ziegler
seconded the motion. Motion passed, 7-0.
A4 Resolution No. 2022-108: Relating to Building; approving and authorizing the
Mayor to sign an Intergovernmental Agreement with Northwest Fire District for fire code
official services (David L. Udall)
Town Clerk/Assistant Town Attorney David Udall presented this item. Mr. Udall
explained the Town Council approved an intergovernmental agreement (IGA) between
the Town and Northwest Fire District in February of 2009 authorizing the District to
provide Fire Code Official services for portions of the Town located outside of a fire
district. The IGA was renewed in April of 2015 and expired in 2020. He further explained
that in 2016, the Marana Town Code was amended to define "fire chief" for areas not
within a fire district as the Town's building official or designee. Mr. Udall said that if
approved, the resolution would authorize the renewal of the IGA, and that the renewed
IGA would account for the 2016 Town Code change by designating the District's fire
chief, or someone authorized to act on his or her behalf, as the"fire chief" for areas of the
Town not located within a fire district.
Council Member Comerford moved to adopt Resolution No. 2022-108. Council Member
Officer seconded the motion. 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.
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).
Mayor Honea asked for future agenda items. There were no future agenda items.
ADJOURNMENT
Mayor Honea asked for a motion to adjourn the meeting.
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Vice Mayor Post moved to adjourn the meeting. Council Member Comerford seconded
the motion. Motion passed, 7-0. Meeting adjourned at 6:30 PM.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council meeting held on October 18, 2022. I further certify that a quorum was present.
David L. Udall, Town Clerk
'I
MARANA AZ
ESTABLISHED 1977
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