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Home My WebLink About05-16-2023 Regular Council Meeting Summary Minutes MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 16, 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. All Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Comerford moved to approve the agenda as presented. Vice Mayor Post seconded the motion. Motion passed, 7-0. CALL TO THE PUBLIC PROCLAMATIONS Regular Council Meeting Summary Minutes May 16,2023 Page 1 of 9 PR1 Proclamation recognizing May 20, 2023 as Kids to Parks Day (David L. Udall) The proclamation was entered into the record and delivered to its recipient. PR2 Proclamation recognizing May 21-27, 2023, as National Public Works Week (David L. Udall) Town Clerk / Assistant Town Attorney David Udall read the proclamation as Mayor Honea presented it to its recipient. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford attended an 88-Crime awards ceremony. Mayor Honea attended an Arizona League of Cities and Towns meeting and provided an update on legislative activities at the state. He said personnel from Procter & Gamble came to meet with him, and that the company is looking for places for their employees to live. He also will be attending the Run for the Wall event this week. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Terry Rozema said there have been 44 single-family resident permits issued so far in May. He highlighted the Marana Unified School District El Rio Preserve field trip,Marana's new pickleball league,the upcoming Concerts in the Courtyard event, the Gladden Farms dog park and access road construction, the community center Real Talk with the Town podcast with Parks and Recreation Director Jim Conroy, and an upcoming Heritage Conservancy stake fry event. Mr. Rozema also provided an update on the Regional Transportation Authority (RTA) Next meetings. PRESENTATIONS P1 Relating to Budget; presentation of third quarter results (July-March) for the Town's General Fund and other selected major funds for the 2022-2023 fiscal year (Yiannis Kalaitzidis) Finance Director Yiannis Kalaitzidis presented the third quarter results for the Town's general Fund and other selected funds for the 2022-2023 fiscal year. A copy of the presentation slides is on file with the Town Clerk's Office. Please see the presentation slides for details regarding the presentation, including tables and graphical information. Mayor Honea asked if the Town had grown enough to withstand a recession. Mr. Kalaitzidis said there is a possibility the impact of a recession will be minimal if businesses continue to open in Marana. Regular Council Meeting Summary Minutes May 16,2023 Page 2 of 9 P2 Relating to Strategic Planning; presentation and discussion regarding the Town's progress in implementing the Marana Strategic Plan Five (Andrea Caicedo) Assistant to the Town Manager Andrea Caicedo presented on the Town's progress in implementing Marana's Strategic Plan Five. A copy of the presentation slides is on file with the Town Clerk's Office. Please see the presentation slides for details regarding the presentation, including graphical information. Ms. Caicedo and Public Works Director Fausto Burruel answered clarifying questions during the presentation. Council Member Craig commented that the Coalition for Sonoran Desert Protection is raising money for a wildlife bridge over I-10 near the El Rio Preserve area. She said it would be good if the Town could support this project in some way. Council Member Ziegler asked for a report of just the projects where there is "some disruption" noted. Mr. Rozema commented on the progress the Town has made in tracking its progress on its strategic plan and on making it transparent to the community with the new software. He complemented Ms. Caicedo and Town staff for their work on this. CONSENT AGENDA. Cl Ordinance No. 2023.014: Relating to Elections; adopting revisions to Marana Town Code Title 2 (Mayor and Council),Chapter 2-2 (Council Election); revising Section 2-2-1 (Primary Election; Date; Declaration of Elected Candidate) to amend Paragraph B to expressly refer to A.R.S. § 9-821.01, which determines how to calculate a majority of votes cast; and designating an effective date (David L. Udall) C2 Ordinance No. 2023.015: Relating to Special Events; adopting revisions to Marana Town Code Title 10 (Health and Sanitation), Chapter 6 (Special Events); revising Section 10-6-2 (Definitions) to add a major/minor event distinction to the definition of "Special Event"; and designating an effective date (David L. Udall) C3 Resolution No. 2023-041: Relating to Development; approving the final plat for Remington Ranch, Lots 1-131, and Common Areas "A" through "J" (Recreation/Drainage/Utilities) and Blocks 1-3 generally located south of Barnett Road and east of Sanders Road within Section 28,Township 11 South and Range 11 East (Steve Cheslak) Regular Council Meeting Summary Minutes Page 3 of 9 May 16,2023 C4 Resolution No. 2023-042: Relating to the Police Department; exempting undercover vehicles used by the Marana Police Department in felony investigations or activities of a confidential nature from Arizona state laws related to the designation of political subdivision motor vehicles; authorizing the Chief of Police to renew existing vehicle registrations for these undercover police vehicles and to obtain vehicle registrations for new undercover vehicles to be used in felony investigations or activities of a confidential nature (Libby Shelton) C5 Approval of Regular Council Meeting Summary Minutes of May 2, 2023 (David L. Udall) Council Member Ziegler moved to approve the consent agenda. Council Member Officer seconded the motion. Motion passed, 7-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2023-047: Relating to Boards, Commissions and Committees; making an appointment to the Council Committee for Planning Commission and Board of Adjustment Appointments (David L. Udall) Council Member Comerford moved to appoint Council Member Craig to the Council Committee for Planning Commission and Board of Adjustment Appointments. Vice Mayor Post seconded the motion. Motion passed, 7-0. COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2023.016: Relating to Development; approving a rezoning of approximately 3.9 acres of land located at 9996 N. Silverbell Road, on the east side of N. Silverbell Road, one tenth of a mile south of N. Coachline Boulevard,from Zone C (Large Lot) to R-36 (Residential) (Scott S. Radden) Mayor Honea opened the public hearing at 6:39 PM. Senior Planner Scott Radden presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Please see the presentation slides for details regarding the presentation, including maps depicting the rezoning request. Regular Council Meeting Summary Minutes May 16,2023 Page 4 of 9 Council Member Comerford asked how many lots would be allowed under the rezoning request. Mr. Radden said it could be broken into three lots and said that these were low- density lots. Council Member Comerford asked if the applicant reached out to neighbors,and Mr.Radden confirmed they had and that the Town had received feedback from them. Council Member Craig expressed concern with the rezoning request in light of the surrounding area consisting of open space and/or large lots. She also highlighted the letters of opposition from surrounding neighbors. Council Member Ziegler expressed concern that this rezoning would take place near El Rio Preserve and other open areas and highlighted the letters of opposition as well. Mayor Honea closed the public hearing at 6:49 PM. Vice Mayor Post moved to adopt Ordinance No. 2023.016. Council Member Officer seconded the motion. Mayor Honea called for a roll-call vote. Mayor Honea, Vice Mayor Post, and Council Member Officer voted in favor of the motion. Council Member Craig, Council Member Ziegler, Council Member Comerford, and Council Member Kai voted against the motion. Motion failed, 4-3. A2 PUBLIC HEARING: Resolution No. 2023-043: Relating to Budget; adopting the fiscal year 2023-2024 tentative budget (Yiannis Kalaitzidis) Mayor Honea opened the public hearing at 6:50 PM. Mr. Kalaitzidis presented on this item. The presentation highlighted the changes that took place between the manager's recommended budget as presented during the April 18, 2023 Regular Town Council Meeting and the tentative budget presented at this meeting. A copy of the presentation slides is on file with the Town Clerk's Office. Please see the presentation slides for details, including tables and graphical information. Mr. Kalaitzidis, Deputy Town Manager Erik Montague, and Mr. Rozema answered clarifying questions during the presentation. Mr. Kalaitzidis informed the Council that, if approved, Town staff would post the required notices and bring a final budget to Council for adoption on June 20, 2023. Council Member Ziegler requested a point of privilege at this time. Regarding her Airport-related comments made at the May 2, 2023 Regular Council Meeting, she said she recognized Mr.Burruel had inherited issues at the Airport and that she did not intend to blame him for them. She said she would continue her investigation of the Airport. Regular Council Meeting Summary Minutes May 16,2023 Page 5 of 9 Mayor Honea closed the public hearing at 7:13 PM. Vice Mayor Post moved to adopt Resolution No.2023-043. Council Member Kai seconded the motion. Motion passed, 7-0. A3 Ordinance No. 2023.017: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule; and designating an effective date (Yiannis Kalaitzidis) Resolution No. 2023-044: Relating to Finance; declaring as a public record filed with the Town Clerk the amendments to the Town of Marana Comprehensive Fee Schedule adopted by Ordinance No. 2023.017 (Yiannis Kalaitzidis) Mr. Kalaitzidis presented on this item. He said the Comprehensive Fee Schedule amendment details were presented at the March 7, 2023 Regular Town Council Meeting. He said Town staff had since complied with the public notice requirements and reached out to stakeholders for comments. He corrected the agenda materials,which stated there were no comments received. Mr. Kalaitzidis said comments were received from the Southern Arizona Home Builders Association (SHABA), but none of them required adjustments to the proposed fee schedule. Council Member Ziegler asked if SHABA's comments were available for inspection and inquired as to their nature. Development Services Director Jason Angell said the comments were development-related. Vice Mayor Post moved to adopt Ordinance No. 2023.017 and Resolution No. 2023-044. Council Member Officer seconded the motion. Motion passed, 7-0. A4 Ordinance No. 2023.018: Relating to Offenses; revising Marana Town Code Title 11 (Offenses), chapter 11-5 (Noise), section 11-5-4 (Construction noise) to revise procedures for obtaining a special permit for extended work hours, and making other various revisions to section 11-5-4; and designating an effective date (Jane Fairall) Town Attorney Jane Fairall presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Please see the presentation slides for details on the Code changes. Ms. Fairall highlighted that the changes were focused on processes and procedures and not on the hours before which construction activities were prohibited from taking place. Ms. Fairall, Mr. Angell, and Mr. Rozema answered clarifying questions during her presentation. Regular Council Meeting Summary Minutes May 16,2023 Page 6 of 9 Council Member Kai commented that people like to sleep in on Sundays and requested that the Sunday hour afterwhich construction activities could start be moved to 9:00 AM. Council Member Craig said Council Members have received emails complaining of construction noise and expressed concern that more emails would come with the proposed changes. Ms. Fairall clarified that the hours themselves would not be changed under this ordinance, and Mr. Angell clarified that permits are not issued for residential projects, only commercial. Council Member Kai moved to adopt Ordinance No. 2023.018 as amended to amend the prohibition of site construction on Sundays to between 7:00 PM and 9:00 AM, instead of 7:00 AM, within 500 feet of a residence. Council Member Ziegler seconded the motion. Motion passed, 7-0. [Note:A revised resolution reflecting the amendment was subsequently prepared and signed.] A5 Resolution No. 2023-045: Relating to Water; adopting the updated Town of Marana Drought Preparedness Plan (Jing Luo) Water Director Jing Luo presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. The proposed draft Drought Preparedness Plan (DPP) was presented before the Town Council during a Study Session on November 11, 2022 and again on March 15,2023 during the Council Retreat.Please see the presentation slides for detailed information. Council Member Craig asked what comments SHABA made that Town staff incorporated into the draft since the Council Retreat.Dr.Luo said SHABA recommended that the Town remove mandatory language requiring a development moratorium in Stage Three of the DPP. Council Member Ziegler complemented Dr. Luo and the Water Department on an award received by the Water Department. Dr. Luo emphasized that the accomplishment was the result of a team effort. Council Member Kai moved to adopt Resolution No. 2023-045. Council Member Comerford seconded the motion. Motion passed, 7-0. A6 Resolution No. 2023-046: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4 - Employment Benefits and Leaves by amending Section 4-1-3 "Rate of Accrual",Section 4- Regular Council Meeting Summary Minutes May 16,2023 Page 7 of 9 1-4 "Maximum Accrued Hours Permitted", Section 4-2-7 "Payment of Sick Leave Upon Termination of Employment", and Section 4-3-9 "Termination of Employment" (Curry C. Hale) Human Resources Director Curry Hale presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Please see the presentation slides for tables and other details. Mr. Hale said these changes are in line with the local labor market and would provide incentives for employees to save leave time. Councilmember Comerford complemented the changes. Mayor Honea agreed with Council Member Comerford and said the payout percentages seemed low. He asked if they were comparable to other jurisdictions. Mr. Hale said they were comparable to surrounding jurisdictions. Council Member Ziegler asked if employee health benefits could be extended to unmarried, same-sex partners living together. Mr. Hale explained that health benefits were extended to same-sex partners living together in the past before same-sex marriage was legal in Arizona, but that once the law changed to allow for same-sex marriages, those benefits went away. Council Member Comerford moved to adopt Resolution No. 2023-046. Vice Mayor Post seconded the motion. Motion passed, 7-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Relating to Legislation and Government Actions; discussion and possible action or direction regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Terry Rozema) Mr. Rozema said the state budget was passed and signed by the Governor, and that it included $10 million for the Cortaro Road / I-10 interchange design. 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. Regular Council Meeting Summary Minutes May 16,2023 Page 8 of 9 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 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 Comerford seconded the motion. Motion passed, 7-0. Meeting adjourned at 8:02 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the regular Town Council meeting held on May 16, 2023. I further certify that a quorum was present. #41,400, David L. Udall, Town Clerk 111414 11 aristi MARANA AZ ESTA8LiSHED 1977 Regular Council Meeting Summary Minutes May 16,2023 Page 9 of 9