HomeMy WebLinkAbout03-07-2023 Regular Council Meeting Summary Minutes 46,
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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
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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.
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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.
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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
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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.
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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
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MARANA AZ
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