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HomeMy WebLinkAbout03-07-2023 Regular Council Meeting Summary Minutes 46, ,,k MARANA AZ CELEBRATING 45 YEARS MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 7, 2023, 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. Council Member Ziegler was absent. All other Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Vice Mayor Post moved to approve the agenda as presented. Council Member Kai seconded the motion. Motion passed, 6-0. CALL TO THE PUBLIC PROCLAMATIONS Council Regular Meeting Summary Minutes March 7,2023 Page 1 of 8 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Craig thanked Town staff for their participation at the Dove Mountain Civic Union resident forum. Mayor Honea praised the dedication of the Chamber of Commerce building and breakfast events. He also highlighted the Marana Unified School District Hall of Fame event and award recipients. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Terry Rozema said the Town issued 35 single-family-residential permits in February.The Town issued 102 last February.He highlighted the M.O.V.E. Across Two Ranges event, the most recent Real Talk with the Town podcast about recent development, and a Marana Unified School District luncheon event. PRESENTATIONS CONSENT AGENDA Cl Ordinance No.2023.006:Relating to animal control;amending Marana Town Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to clarify definitions related to aggressive animals, destructive animals and vicious animals, including new definitions for aggressive manner, destructive manner, and vicious manner; revising section 6-7-2(A) (Evaluation of animals) to clarify an animal control officer may conduct an evaluation and / or investigation; revising section 6-7-5(A) (Hearing regarding declaration; findings after court hearing; rules of hearing; costs) to add a provision allowing the court to conduct a hearing within 30 days when the animal is not impounded; revising section 6-7-6(A) (Prohibited acts; classification; defenses; findings and orders) clarifying a violation occurs when the animal is "declared" a vicious animal, aggressive animal,or destructive animal;and designating an effective date(Luke Fischer) Resolution No. 2023-019: Relating to animal control; declaring as a public record filed with the town clerk the amendments to Marana Town Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to clarify definitions related to aggressive animals, destructive animals and vicious animals, including new definitions for aggressive manner, destructive manner, and vicious manner; revising section 6-7-2(A) (Evaluation of animals) to clarify an animal control officer may conduct an evaluation and / or investigation; revising section 6-7-5(A) (Hearing regarding declaration; findings after court hearing; rules of hearing; costs) to add a provision allowing the court to conduct a Council Regular Meeting Summary Minutes March 7,2023 Page 2 of 8 hearing within 30 days when the animal is not impounded; revising section 6-7-6(A) (Prohibited acts;classification;defenses;findings and orders)clarifying a violation occurs when the animal is"declared" a vicious animal,aggressive animal,or destructive animal; and designating an effective date (Luke Fisher) C2 Resolution No. 2023-020: Relating to the Marana Regional Airport; approving and authorizing the Town Manager to execute an Airport Development Reimbursable Grant Agreement in the amount of $2,250,000.00 between the State of Arizona, by and through the Department of Transportation (ADOT), and the Town of Marana for the purpose of aiding in financing the Apron Rehabilitate East Hangar Apron Reconstruct - Phase I project (Grant No. E3S4H 01C) (Melissa Weimer) C3 Approval of Regular Council Meeting Summary Minutes of February 21, 2023 (David L. Udall) Council Member Kai moved to approve the consent agenda. Vice Mayor Post seconded the motion. Motion passed, 6-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2023-021: Relating to Boards, Commissions and Committees; review and approval of the bylaws of the Marana Health Care Benefits Trust Board (Curry C. Hale) Human Resources Director Curry Hale presented on this item. Mr. Hale informed the Council that the Marana Health Care Benefits Trust Board continues to perform its functions. Town Attorney Jane Fairall said the proposed bylaws will govern how the Board will function.She said that at the Board's February 13,2023 meeting,it recommend that the Town Council approve these bylaws. Vice Mayor Post moved to adopt Resolution No.2023-021. Council Member Kai seconded the motion. Motion passed, 6-0. B2 Resolution No. 2023-022: Relating to Boards, Commissions, and Committees; making an appointment to the Town of Marana Planning Commission (David L. Udall) Council Member Comerford reported that the Town of Marana Council Committee for Planning Commission and Board of Adjustment Appointments, which met earlier in the Council Regular Meeting Summary Minutes March 7,2023 Page 3 of 8 evening, recommended the appointment of Sharon Tyson to the Town of Marana Planning Commission. Council Member Comerford moved to appoint Sharon Tyson to the Town of Marana Planning Commission. Council Member Kai seconded the motion. Motion passed, 5-1, with Council Member Craig voting Nay. COUNCIL ACTION Al Resolution No. 2023-023: Relating to Administration; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Par 5, LLC outlining responsibilities and event costs for the LIV Golf Tournament scheduled for March 17-19, 2023 (Libby Shelton) Ms. Fairall presented on this item. Ms. Fairall explained this agreement is related to the LIV Golf tournament taking place March 17 - 19, 2023 at the Gallery Golf Club. She said Par 5, LLC is managing the tournament and has applied for a special event permit. The Town is requiring Par 5 to enter into this agreement due to the nature and size of the event in order to ensure the event is safe. The agreement is not a partnership agreement, and the Town will be conducting its normal responsibilities and not be doing anything extra. The Town will conduct traffic control and monitoring as well as policing and security for all public roadways and intersections as it would normally do for any event of this size. Under the agreement,Par 5 will be responsible to order,pay for,and install all temporary traffic control devices required by the Town as well as provide security for the event. The security will consist of private security personnel along with Marana Police Department officers. The anticipated cost for the police officers is around $96,000.00, and the agreement would require Par 5 to pay that cost in advance with any necessary reconciliation occurring after the event. The agreement also requires Par 5 to post occupancy loads at each structure at the event, and it requires staffing at those structure to ensure compliance with the occupancy loads. Ms. Fairall asked Town Clerk/Assistant Town Attorney David Udall for an update regarding the status of the special event permit for the golf tournament. Mr. Udall informed the Council that the permit is still being processed. He said the liquor license has been approved and that the special event permitting process is progressing toward its conclusion, but that the permit has not yet been issued. Council Regular Meeting Summary Minutes March 7,2023 Page 4 of 8 Council Member Comerford moved to adopt Resolution No. 2023-023. Vice Mayor Post seconded the motion. Motion passed, 6-0. A2 Resolution No. 2023-024: Relating to Real Estate; approving and authorizing the Mayor to execute the Third Amendment to Lease Agreement with Marana Chamber of Commerce, Inc. regarding the lease of Town-owned property located at 13251 N Lon Adams Road (Terry Rozema) Mr. Rozema presented on this item. He informed the Council that if approved, this amendment would add office space for the veteran's focus group to provide assistance to veterans in the community. Council Member Kai moved to adopt Resolution No.2023-024. Vice Mayor Post seconded the motion. Motion passed, 6-0. A3 Resolution No. 2023-025: Relating to Real Estate; approving and authorizing the Town Engineer to execute a right-of-way License Agreement with Amavida Marana LLC for Use of Town right-of-way located generally on Ina Road east of Silverbell Road for drainage improvements (Jane Fairall) Ms. Fairall presented on this item. She explained that right-of-way license agreements are normally handled administratively and that they are revocable. In this case, the developer is requesting an irrevocable license agreement because a concrete box culvert is involved. Town staff felt the request was reasonable. Vice Mayor Post moved to adopt Resolution No.2023-025. Council Member Kai seconded the motion. Motion passed, 6-0. A4 Resolution No. 2023-026: Relating to Public Works; approving and authorizing the Town Manager to execute an acquisition agreement and all other documentation necessary for the purchase of property rights needed from CalPortland Company for the construction of Town of Marana Project No. PK023 Santa Cruz River Shared-Use Path at CalPortland (Jane Fairall) Ms. Fairall presented on this item. She explained that the Town has been in negotiations with CalPortland for a number of years to acquire property along the Santa Cruz River for the shared-use path that will become a part of the entire loop system in Pima County. Ms.Fairall showed a map depicting in red portions of the property the Town will acquire in fee simple pursuant to the agreement, along with portions depicted in green in which the Town will be granted easements. Copies of maps shown during the presentation are in file with the Town Clerk's Office. Council Regular Meeting Summary Minutes March 7,2023 Page 5 of 8 The cost of the property right acquisitions under the agreement will be$137,500.00,which has been accounted for in the Capital Improvement Projects budget. The Town will also compensate CalPortland for a TEP easement made necessary by the project in the amount of$1,700.00. The Town has worked with CalPortland to put measures in place to ensure the public will be kept safe along the path. Council Member Kai asked how many acres of land are within the red depiction on the map and was curious about the cost-per-square-foot of land in that area. Ms. Fairall said she did not know off the top of her head, but that it might be found within the legal descriptions included in the agenda materials. Mayor Honea described the history of the proposed project and expressed his approval. Council Member Kai commented that CalPortland's main concern involved security. Council Member Officer moved to adopt Resolution No. 2023-026. Council Member Kai seconded the motion. Motion passed, 6-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town's Marana Current and Proposed Projects internet site (Jason Angell) Development Services Director Jason Angell provided an update on public and private projects and development applications in the Town, as currently listed on the following website: https://experience.arcgis.com/experience/9bcda179c412496a8be2a5af29727745/. During the presentation, Mr. Angell answered questions about the various projects. D2 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 provided an update to the following bills: • HB 2019 (related to licensing permitting criteria). The proposed 30-day requirement for a municipality to complete permitting before a rezone would be Council Regular Meeting Summary Minutes March 7,2023 Page 6 of 8 automatically granted has been changed to 60 days.The Town continues to oppose this bill because that timeline is still too short. • HB 1117 (related to as-of-right zoning). It appears this bill lacks support, but even if so, the bill could still be raised as a striker bill. The Town continues to oppose the bill. • SB 1058 (prohibits polygraph testing when hiring new police officers). This bill continues to move forward. The Town is opposed to the bill. • The Town also opposes a bill that would impose a 15-day turnaround requirement for public records requests and would establish civil penalties for non-compliance. The bill appears to have support in the Legislature. Mayor Honea commented on HB 1117. He said he has been speaking with legislators and recommending that they not support the bill. He complemented Senator Justine Wadsack regarding her efforts related to this bill. D3 Relating to Budget; discussion, direction, and possible action regarding development of the fiscal year 2023/2024 budget, including proposed budget initiatives and expenditures (Terry Rozema) Mr. Rozema invited the Council to provide any feedback regarding the development of next fiscal year's budget. Council Member Craig requested that funding be included to replace all grass at the Marana Municipal complex with desert landscaping. D4 Presentation: Relating to Finance; presentation, discussion and possible direction on proposed changes to the Town of Marana Comprehensive Fee Schedule and other various rate and fee adjustments (Yiannis Kalaitzidis) Finance Director Yiannis Kalaitzidis presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Mr. Kalaitzidis provided an update regarding the comprehensive fee schedule. He said there are 38 total requested changes to the comprehensive fee schedule.Six fees are proposed to be added,seven are proposed be eliminated, and 25 existing fees are proposed to be changed. Please see the agenda materials for additional information. These changes will be brought before Council for adoption on May 16, 2023 and, if adopted, they will take effect on July 1, 2023. Council Regular Meeting Summary Minutes March 7,2023 Page 7 of 8 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). E2 Executive Session pursuant to A.R.S. § 38-431.03 (A)(1) for discussion, consideration, and possible interviews of candidates for appointment to the Planning Commission. 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. Vice Mayor Post moved to adjourn the meeting. Council Member Officer seconded the motion. Motion passed, 6-0. Meeting adjourned at 6:37 PM. CERTIFICATION I hereby certify that the forgoing are the true and correct minutes of the Marana Town Council meeting held on March 7, 2023. I further certify that a quorum was present. 41110., David L. Udall, Town Clerk p<St. MARANA AZ ;sTABLISNED 1977 Council Regular Meeting Summary Minutes March 7,2023 Page 8 of 8