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Home My WebLink About08-01-2023 Regular Council Meeting Summary Minutes MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 1, 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 Comerford was absent. All other Council Members were present, with Council Member Ziegler attending remotely via Zoom, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Mayor Honea asked for a motion to approve the agenda. Council Member Kai moved to approve the agenda as presented. Council Member Officer seconded the motion. Motion passed, 6-0. CALL TO THE PUBLIC PROCLAMATIONS Regular Council Meeting Summary Minutes August 1,2023,2023 Page 1 of 6 PR1 Proclamation Recognizing Child Support Awareness Month (David L. Udall): Read by Town Clerk/Assistant Town Attorney David Udall and presented by Mayor Honea. PR2 Proclamation Recognizing Drowning Awareness Month (David L. Udall): Read by Mr. Udall and presented by Mayor Honea. PR3 Proclamation Recognizing Marana Police Officer Jeffrey Rowe (David L. Udall): Read by Mr. Udall and presented by Mayor Honea. PR4 Proclamation Recognizing Marana Police Officer Kevin Trapp (David L. Udall): Read and presented at a retirement ceremony for Officer Trapp earlier in the day. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea attended a Tucson Association of Realtors event, a Regional Transportation Authority meeting, and the memorial services for Don Duncan. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manger Terry Rozema highlighted that the Marana girls little league softball team was playing in the softball world series in Washington. He complemented the Public Works Department on receiving a project-of-the-year award. Mr. Rozema said the Town issued 74 single-family residential permits in July. Last July, there were 37 total permits issued. Many of the permits are coming from the American Homes for Rent sites in Marana. He also highlighted the new Gladden Farms dog park and requested that applicants apply for the Town's new art committee. PRESENTATIONS CONSENT AGENDA. Cl Ordinance No. 2023.022: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule to revise various fees related to right-of-way permits; and declaring an emergency (Jennifer Flood) C2 Ordinance No.2023.023:Relating to Traffic and Highways;amending Town Code Title 12 (Traffic and Highways), Chapter 12-7 (Construction in Town Rights-of-Way); revising section 12-7-5 (Permit Process; grounds for denial) to revise permit application requirements; and declaring an emergency (Jennifer Flood) Regular Council Meeting Summary Minutes August 1,2023,2023 Page 2 of 6 C3 Resolution No. 2023-073: Relating to Development; approving a release of assurances for Los Saguaros at Dove Mountain, Lots 134-239 (Jason Angell) C4 Resolution No. 2023-074: Relating to Development; approving a release of assurances for Saguaro Ranch II, Lots 53, 54, 55, 56, and 57 (Jason Angell) C5 Resolution No. 2023-075: Relating to Development; approving a release of assurances for Boulder Bridge Pass III at Dove Mountain, Lots 1-72, Boulder Bridge Pass III at Dove Mountain,Lots 25 and 26,and Boulder Bridge Pass IV at Dove Mountain,Lots 73-78 (Jason Angell) C6 Resolution No. 2023-076: Relating to Personnel; approving and authorizing the Human Resources Director to execute a Memorandum of Understanding between the Town and the Arizona Board of Regents, Arizona State University providing a tuition discount program for Town employees (Curry C. Hale) C7 Resolution No. 2023-077: Relating to Personnel; approving and authorizing the Human Resources Director to execute an agreement between the Town of Marana and Grand Canyon University providing a tuition discount program for Town employees (Curry C. Hale) C8 Resolution No. 2023-078: Relating to Public Works; approving and authorizing the Mayor to sign an intergovernmental agreement between the State of Arizona by and through its Department of Transportation,and the Town of Marana for funding to design a traffic interchange located at Cortaro Road and Interstate 10 (Fausto Burruel) C9 Resolution No.2023-079: Relating to Water;approving and authorizing the Mayor to sign the Assignment and Assumption of Town of Marana Agreement for Construction of Water Facilities Under Private Contract- Tortolita Mountain Estates, Lots 1-81 (David L. Udall) C10 Approval of Regular Council Meeting Summary Minutes of June 20, 2023, and Special Council Meeting Summary Minutes of June 20, 2023 (David L. Udall) Vice Mayor Post moved to approve the consent agenda. Council Member Kai seconded the motion. Mayor Honea asked for a roll call vote. Mayor Honea, Vice Mayor Post, Council Member Craig, Council Member Kai, Council Member Ziegler, and Council Member Officer voted Aye. There were zero Nay votes. Motion passed, 6-0. COUNCIL ACTION Regular Council Meeting Summary Minutes August 1,2023,2023 Page 3 of 6 Al Resolution No. 2023-080: Relating to Traffic and Highways; approving and authorizing the Mayor to execute the Town of Marana Fiber Optic Communications License issued to Ting Internet, LLC (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. Ms. Fairall explained that the purpose of the license agreement was to provide broadband internet access services to subscribers in the Town and showed a map of the work zone areas involved. Major points of the agreement included: • Provisions giving Ting nonexclusive and revocable rights to construct, install, operate, and maintain infrastructure and communications facilities and equipment in the Town's public rights-of-way and on other Town-owned property; • Provisions allowing Ting to use the Town-owned conduit already in place; • Provisions requiring Ting to pay several related fees; and • Provisions requiring Ting to install conduit for the Town's use upon request while working in the right-of-way; and • Provisions providing that the agreement will last for ten years with three additional five-year automatic renewal periods. For more information,including a map of the work zone areas and more details regarding the fees and other terms and conditions, please see the presentation slides. Council Member Kai referred to the work zone area map and asked if the work zone would be expanded to the commercial area located near Tangerine Road and Interstate 10. Ms. Fairall explained that was not an included area at this point, but that expansion could occur there if Ting's business warranted it. Vice Mayor Post moved to adopt Resolution No.2023-080. Council Member Kai seconded the motion. Motion passed, 6-0. A2 Resolution No.2023-081:Relating to Water;approving and authorizing the Mayor to sign the Agreement for Construction of Water Facilities Under Private Contract, a temporary water wheeling agreement, for Twin Peaks Crossings (David L. Udall) Mr. Udall explained the history of the Intergovernmental Agreement Between the City of Tucson and the Town of Marana relating to the Delivery of Central Arizona Project Water (the "Water Wheeling IGA") and of Marana's Water Wheeling Policy adopted in January of 2021. He said that the property owners of Twin Peaks Crossings, which is located near the southeast corner of Twin Peaks Road and Tangerine Road, desired to have water wheeled to their property. Regular Council Meeting Summary Minutes August 1,2023,2023 Page 4 of 6 Twin Peaks Crossings is located within Marana's intended water service area and therefore would normally be ineligible for wheeling under the Town's Water Wheeling Policy. However, because the property owners were involved in wheeling discussions with the Town and the City of Tucson prior to the adoption of the Policy, Town staff brought their request before the Town Council in December of 2021 for approval. At that meeting, Town staff explained that if the request were approved, the parties would negotiate an agreement with specific terms and conditions outlined at the meeting and would then bring it before the Town Council for approval. The Council unanimously approved the request at the December 2021 meeting. Mr. Udall explained that since then, the parties have negotiated such an agreement, which includes the terms and conditions outlined at the December 2021 Town Council meeting. Specifically, the agreement would permit temporary water wheeling pursuant to the Water Wheeling IGA and require: 1) that the property owners to pay a fee equal to the water infrastructure impact fee, in recognition of the project's future connection to the Town's system, which fee would total around S457,000.00; 2) that the property owners dedicate a 150-foot by 150-foot portion of the property to the Town for future Water infrastructure; and 3) that the property connect to the Town's water system within 90 days of the date the Town extends its own water infrastructure to the property. Council Member Kai moved to adopt Resolution No.2023-081. Vice Mayor Post 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) Planning Manager Steven Cheslak provided an update on public and private projects and development applications in the Town, as currently listed on the following website: https://experience.arcgis.com1 experience/9bcda179c412496a8be2a5af29727745/. During the presentation, Mr. Cheslak answered questions about the various projects. D2 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) Regular Council Meeting Summary Minutes August 1,2023,2023 Page 5 of 6 Mr. Rozema informed the Council that the Legislature adjourned sine die on Monday evening at 5:15 PM and that this was the longest Legislative session in Arizona history at 204 days. He said passed legislation would go into effect on October 30, 2023, unless otherwise indicated. Mayor Honea added that Prop 400 passed and that legislation passed that precluded taxation of rental housing. 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). 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 Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Council Member Kai seconded the motion. Motion passed, 6-0. Meeting adjourned at 6:36 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the regular Town Council meeting held on August 1, 2023. I further certify that a quorum was present. 40, David . dall, Town Clerk AO6t& MARANA AZ ESTABLISHED 1977 Regular Council Meeting Summary Minutes August 1,2023,2023 Page 6 of 6