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HomeMy WebLinkAbout09-19-2023 Regular Council Meeting Summary Minutes . 6& MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 19, 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 6:01 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 Mayor Honea asked for a motion to approve the agenda. Council Member Ziegler moved to approve the agenda as presented. Council Member Officer seconded the motion. Motion passed, 7-0. Regular Council Meeting Summary Minutes September 19,2023 Page 1 of 14 CALL TO THE PUBLIC PROCLAMATIONS PR1 Proclamation Recognizing Diaper Need Awareness Week (David L. Udall) Town Clerk/Assistant Town Attorney David Udall said the proclamation would be mailed to its recipient. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Councill Member Ziegler and Mayor Honea commented on attending the opening of a new local daycare center. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Terry Rozema said there were 90 total single-family residence permits issued for the month of August and 43 issued so far in September. He said that last September, there were a total of 38 issued. He also highlighted a number of awards the Town recently received. PRESENTATIONS P1 Relating to Budget; presentation of preliminary year-end results (July-June) for the Town's General Fund and other selected major funds for the 2022-2023 fiscal year (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 the Council with an overview of the Town's preliminary year-end results for the Town's General Fund and other selected major funds for the last fiscal year. For details, including tables and graphical information, please see the presentation slides. CONSENT AGENDA Cl Ordinance No. 2023.028: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule to clarify descriptions of the park rental bundle and special event permit fees; and designating an effective date (Jim Conroy) Regular Council Meeting Summary Minutes September 19,2023 Page 2 of 14 C2 Resolution No. 2023-086: Relating to Budget; approving the transfer of up to $500,000 in budgeted expense authority from the West Apron Rehab Project (AP033) to increase the project budget for the Airport Weather Observation Station Upgrade Project (AP042) in the fiscal year 2023-2024 budget (Fausto Burruel) C3 Resolution No. 2023-087: Relating to Community and Neighborhood Services; designating the Community and Neighborhood Services Director and the Environmental Project Manager as the Certifying Officers for environmental review purposes in accordance with United States Department of Housing and Urban Development Regulations (Lisa Shafer) C4 Resolution No. 2023-088: Relating to Community Events; approving and authorizing the Mayor to execute a funding and in-kind support agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. regarding the planning, development, and presentation of the North Marana Community Celebration Event (Andrea De La Cruz) C5 Resolution No. 2023-089: Relating to Development; approving the final plat for Saguaro Bloom Blocks 5 & 6, Lots 1-146, and Common Area "A" (Parks, Drainage and Utilities) generally located south of W Lambert Lane, between Saguaro Peaks Boulevard and N Quarry Road (Scott S. Radden) C6 Resolution No. 2023-090: Relating to Development; approving and authorizing the Town Engineer to execute and record an amendment to the general notes on the cover sheet of the Final Plat for Casas De Miguel Lots 1-5 to delete a general note that prohibits elevated earthen pads (Dustin Ward) C7 Resolution No. 2023-091: Relating to the Risk Management; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for disbursement of opioid settlement funds (Libby Shelton) C8 Resolution No. 2023-092: Relating to the Police Department; approving and authorizing the Police Chief to execute an agreement between Pima County Superior Court and Marana Police Department to allow the exchange of court information to determine disposition of cases (Libby Shelton) C9 Resolution No. 2023-093: Relating to Real Estate; accepting the offer of just compensation from Pima County for additional property rights needed for the Continental Ranch Regional Pump Station Force Main Augmentation Project and Regular Council Meeting Summary Minutes September 19,2023 Page 3 of 14 authorizing the Town Engineer to execute the Acquisition Agreement, conveyance instruments, and any and all other associated documents (George Cardieri) C10 Resolution No. 2023-097: Relating to Water and Wastewater; approving and authorizing the Mayor to sign agreements for construction of water and sewer facilities under private contract with FCD Marana Venture I, LLC and SBH Marana LP for Monarch Blocks 1, 11, 12, and 13 (David L. Udall) C11 Approval of Regular Council Meeting Summary Minutes of August 15,2023 and approval of Special Council Meeting Summary Minutes of August 22, 2023 (David L. Udall) Council Member Kai moved to approve the consent agenda. Vice Mayor Post seconded the motion. Motion passed, 7-0. COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2023.029: Relating to Development; approving modifications to rezoning conditions of Marana Ordinance No.2006.29,which rezoned approximately 9.95 acres of land generally located at the southwest corner of the intersection of Ina and Silverbell Roads, to delete zoning conditions that were intended to only allow a retail shopping center on the site and to remove zoning conditions related to the now-completed Silverbell Road improvement project (Scott S. Radden) Mayor Honea opened the public hearing at 6:21 PM. Senior Planner Scott Radden presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. He explained that the applicant was requesting a modification of Section 3 of Ordinance No. 2006.29. He said that the intent of the original ordinance was to establish a retail center on the subject property, and that the requested modification would delete language in the ordinance that was specific to retail and add two additional conditions. Mr. Radden reported that the Planning Commission considered this request on April 20, 2023 and voted 6-0 in favor of the rezoning, subject to the staff-recommended rezoning conditions. For more information, including maps and a blackline comparison of the relevant portions of the rezoning ordinance,please see the presentation slides. Mr. Brian Underwood, a Planner with the Planning Center, addressed the Council on behalf of the applicant. A copy of his presentation slides is on file with the Town Clerk's Office. Mr. Underwood highlighted the benefits of the subject property's location. He Regular Council Meeting Summary Minutes September 19,2023 Page 4 of 14 said the property has been unsuccessful in attracting retail development and reviewed the proposed conceptual land use plan for the development of apartment buildings, which included property to the south(the subject of Item A2 below).He also summarized public outreach efforts,feedback that was received, and the applicant's responses to that feedback. For more information, including maps related to the rezoning request, please see the presentation slides. The following 13 individuals addressed the Council: Cherrise Hammer, Mike Hammer, Chuck Dugan, Jaqueline Johnston, Stan Murray, Suzette Rosher, Pam Gaiser, John Kososkie, Mars Burnell, Darlene Davis, Gayle Shemesh, Russell Trask, and Martin Childers. General Concerns related to traffic, density, wildlife impacts, property values, aesthetics, viewshed impacts, open space, water, safety, increased heat, increase of nearby storage units and car washes, increased crime, building heights, parking, pollution, drainage and flooding,a decrease in equestrian activities, and a general desire for retail over apartments. Many expressed dissatisfaction over the prospect that the proposed project included apartments that were three-stories. During his comments, Mr. Hammer presented slides for the Council's consideration, a copy of which is on file with the Town Clerk's Office. Ms. Johnston also passed around photos for the Council's consideration relating to building height comparisons and viewsheds. Mayor Honea closed the public hearing at 7:16 PM. Council Member Craig requested to hear from Mr. Underwood regarding any concessions the Planning Center made to the surrounding residents. Mr. Underwood highlighted that only two people attended the outreach meetings and said one of them had requested additional landscaping along the southern boundary of the subject property. Mr. Underwood said the applicant had agreed to do that. Mr. Underwood addressed some of the comments made during the public hearing and said that the applicant is conducting soil and wildlife studies.He said the subject property is within the Tucson Water Department's service area, which has an assured water supply, and that garbage would be contained in enclosed structures. Regarding height concerns, he said the applicant would not raise the pads for the apartment buildings and said the former retail plans had contemplated high buildings as well. Regarding traffic concerns, he said that construction along I-10 is influencing current traffic patterns. Mr. Underwood highlighted the need for affordable housing options in today's economy. Regular Council Meeting Summary Minutes September 19,2023 Page 5 of 14 Council Member Craig asked if large trees and bushes would be included in the landscape plans. Mr. Underwood said the applicant would meet the Town's standards and plant a 15-gallon tree and would also install additional landscaping around the buildings to address privacy concerns related to the height of the buildings. Council Member Comerford asked if Items Al and A2 needed to be heard separately. Town Attorney Jane Fairall confirmed the items needed to be heard separately because they involved two separate properties. Council Member Comerford asked if the original 2006 ordinance establishing Village Commercial zoning would allow for apartments to be constructed. Ms. Fairall said the Village Commercial zone does allow for apartments, but that there is some ambiguity currently in the 2006 ordinance due to language that refers to a retail center. If granted,this rezoning request would remove that ambiguity. If denied, Ms. Fairall said the decision of whether to allow for apartments would be one of interpretation for the Town's Zoning Administrator. Council Member Ziegler commented that she was surprised the individuals who addressed the Council during the public hearing preferred retail establishments over apartments. Council Member Kai said he has always opposed three-story apartments and felt that two stories would be enough. He also requested that the developer reserve approximately 20-25% of the property for retail purposes. Vice Mayor Post moved to adopt Ordinance No. 2023.029. Council Member Officer seconded the motion. Motion passed,4-3, with Mayor Honea, Vice Mayor Post, Council Member Officer, and Council Member Ziegler voting Aye and Council Member Craig, Council Member Comerford, and Council Member Kai voting Nay. A2 PUBLIC HEARING: Ordinance No 2023.030: Relating to Development;approving a rezoning of approximately 4.1 acres of land generally located approximately 800 feet south of the intersection of Ina Road and Silverbell Road, on the west side of Silverbell Road, from R-144 (single family residential) to VC (Village Commercial); and approving a minor amendment to the General Plan amending the land use category from Low Density Residential (LDR) to Commercial (C) (Scott S. Radden) Mayor Honea opened the public hearing at 7:33 PM. Senior Planner Scott Radden presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. He explained that this item involved a request to rezone the property located just to the south of the property discussed under Item Al to Regular Council Meeting Summary Minutes September 19,2023 Page 6 of 14 Village Commercial. Mr.Radden reported that the Planning Commission considered this request on April 20, 2023 and voted 6-0 in favor of the rezoning, subject to staff- recommended rezoning conditions.For more information,including maps,please see the presentation slides. Mr. Underwood addressed the Council on behalf of the applicant. A copy of his presentation slides is on file with the Town Clerk's Office. He assured that the property located to the south of the subject property, but which in and of itself is not part of this rezoning request, would be developed as single family residential. He said the purpose of this request was to rezone the subject property so it would be consistent with the Item Al property to the north, which is all intended to be part of the same project. He explained that two of the proposed apartment buildings would be located on the subject property. He said that an easement south of the property would be eliminated as part of this project so traffic could not get into the residential neighborhood to the west of the property from Silverbell Road. He also discussed efforts made with the property owner to the south regarding being able install certain landscaping. Mr. Underwood proposed the following rezoning conditions after consulting with the property owner to the south, which would be in addition to the recommended conditions proposed by Town staff: • A four-foot-tall screen wall shall be installed along the back side of the row of parking proposed along the southern boundary. The screen wall is to ensure headlights do not shine directly onto the adjacent planned Silverbell Ridge Subdivision. • An additional screening element (trellis, metal banding, vegetation, etc.) two feet high shall be attached to the top of the screen wall for the portion of the bufferyard adjacent to the nearest lot within Silverbell Ridge. • In addition to the southern bufferyard, trees shall be planted on the south side of the two apartment buildings to screen views from these buildings onto the adjacent residential lots along the southern property line. For more information, including maps, please see the presentation slides. Council Member Craig asked Mr. Underwood to explain the rationale for three-story apartments instead of two-story. Mr. Underwood explained that the rationale was that three-story apartments were economically necessary to offset drainage infrastructure costs. Mr. Udall noted for the record that an email from Mr. Kit Donely on behalf of Mr. and Mrs. Bud and Penny Cardinal was printed and distributed on the dais for the Council's Regular Council Meeting Summary Minutes September 19,2023 Page 7 of 14 consideration. The email was also distributed electronically to Council Members in advance of the meeting. A copy of the email is on file with the Town Clerk's Office. The following 10 individuals addressed the Council: Jack Avis, Erik Jenness, Michael Nitka, Debbie Brown, Mike Hammer, Suzette Rosher, Pam Gaiser, John Kososkie, Russell Trask,and Bernard Gordan.General concerns related to traffic,viewsheds, open space, wildlife impacts, building heights, water, drainage, vegetation density, Proposition 207 concerns, aesthetics, and a desire for R-144 zoning/single family residences over Village Commercial/apartments. Many expressed dissatisfaction over the prospect that the proposed apartments were three-stories. During the public hearing portion on this item, a discussion ensued between Council Member Ziegler and Ms. Brown regarding which jurisdiction is responsible for roads in the area. Vice Mayor Post commented that the applicant was required to complete and submit a traffic study of the area as part of the application process. Council Member Ziegler commented the same principle applied to water and sewer plans. She also commented that the Council cannot guarantee property values and on the need for affordable housing. She said she did not want apartments either,but that it was the way of today's economy and explained that property owners have a right to build within the parameters of their zoning entitlements and other regulations. Mayor Honea closed the public hearing at 8:21 PM. Council Member Kai moved to adopt Ordinance No 2023.030 subject to Town staff's recommended rezoning conditions and the three additional rezoning conditions presented by Mr. Underwood, with an added condition limiting the apartments located on the subject property to a maximum height of two stories. Council Member Craig seconded the motion. Motion failed, 5-2, with Mayor Honea, Vice Mayor Post, Council Member Officer, Council Member Comerford, and Council Member Ziegler voting Nay and Council Member Kai and Council Member Craig voting Aye. Mayor Honea asked for another motion. Council Member Comeford moved to adopt Ordinance No 2023.030 subject to Town staff's recommended rezoning conditions and the three additional rezoning conditions presented by Mr. Underwood. Vice Mayor Post seconded the motion. Motion passed, 5- 2, with Mayor Honea, Vice Mayor Post, Council Member Officer, Council Member Comerford, and Council Member Ziegler voting Aye and Council Member Kai and Council Member Craig voting Nay. Regular Council Meeting Summary Minutes September 19,2023 Page 8 of 14 A3 PUBLIC HEARING: Ordinance No. 2023.031: Relating to Land Development; revising Marana Town Code Title 17(Land Development),chapter 17-4(Zoning),section 17-4-3 (Use conditions matrix) to clarify that for home occupations, the use of amenities customarily incidental to a residential use is permitted subject to conditions; and designating an effective date (Steven Cheslak) Mayor Honea opened the public hearing at 8:25 PM. Planning Manager Steve Cheslak presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Mr. Cheslak said this item involved a request to revise the Marana Town Code in order to clarify that for home occupations, the use of amenities customarily incidental to a residential use (such as a swimming pool or playground) is permitted subject to certain conditions. He said this request stemmed from a recent home occupation business license activity regarding the use of a backyard outdoor area. For more details regarding the Code revisions, please see the presentation slides. Mayor Honea closed the public hearing at 8:28 PM. Council Member Ziegler moved to adopt Ordinance No. 2023.031. Vice Mayor Post seconded the motion. Motion passed, 7-0. [Mayor Honea called for a recess beginning at 8:29 PM and concluding at 8:38 PM.] A4 PUBLIC HEARING: Ordinance No. 2023.032: Relating to Land Development; adopting revisions to Marana Town Code (MTC) Title 17 "Land Development"; revising MTC Section 17-1-6 (Definitions), to revise definitions for "Single-family dwelling" and "Transitional housing"; revising MTC Section 17-4-2 (Use matrix) to revise the permissiveness of transitional housing uses in several zoning districts from allowed upon approval of a conditional use permit to allowed upon meeting specified conditions; revising MTC Section 17-4-3 (Use conditions matrix) to add conditions per use for transitional housing in the allowed zoning districts;revising MTC Chapter 17-6"General and Miscellaneous Development Regulations" to add new section 17-6-12 (Transitional housing) establishing development regulations for transitional housing and a reasonable accommodation waiver process; providing that the revisions adopted by this ordinance shall apply to all specific plans in the Town that have more restrictive zoning requirements for transitional housing; and designating an effective date (Jane Fairall) Resolution No. 2023-098: Relating to Land Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance Regular Council Meeting Summary Minutes September 19,2023 Page 9 of 14 No. 2023.032, revisions to Marana Town Code (MTC) Title 17 "Land Development"; revising MTC Section 17-1-6 (Definitions), to revise definitions for "Single-family dwelling" and"Transitional housing";revising MTC Section 17-4-2(Use matrix)to revise the permissiveness of transitional housing uses in several zoning districts from allowed upon approval of a conditional use permit to allowed upon meeting specified conditions; revising MTC Section 17-4-3 (Use conditions matrix) to add conditions per use for transitional housing in the allowed zoning districts;revising MTC Chapter 17-6"General and Miscellaneous Development Regulations" to add new section 17-6-12 (Transitional housing) establishing development regulations for transitional housing and a reasonable accommodation waiver process (Jane Fairall) Mayor Honea opened the public hearing at 8:40 PM. Ms. Fairall presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Ms. Fairall provided an overview of the federal Fair Housing Act and the American's with Disabilities Act as background for proposed changes to the Marana Town Code. For more information regarding this background, please see the presentation slides. She then explained the following proposed Code changes: • Chapter 17-1 (Definitions) "Single- family would be amended to revise the definition of dwelling" to include "adult foster care home" and "assisted living home." • Chapter 17-1 (Definitions) would be amended to rewrite the definition of "Transitional housing" to make it more narrow as outlined in the slides. The rewrite would focus the definition on disabilities as defined under federal law for purposes of the Fair Housing Act and would remove references to "halfway houses" and "homeless shelters." She highlighted that the definition of "transitional housing" included "sober living homes," as that term is defined by state law," and explained the definition as detailed in the presentation slides. • Chapter 17-4 (Zoning) would be amended to revise the zoning for transitional housing to mirror the zoning allowed for single-family detached residential uses, adding a"U" to designate allowed upon meeting specified conditions in the place of a "C," which designates allowed upon approval of a conditional use permit. More details, including images of the adjustments to the zoning tables, can be found in the presentation slides. • Chapter 17-6 (General and miscellaneous development regulations) would be amended to add Section 17-6-12,which outlines the specified conditions that must be met for transitional housing. Ms. Fairall also explained the purpose and operation of the new reasonable accommodation waiver requirement. Please see the presentation slides for more detail. Regular Council Meeting Summary Minutes September 19,2023 Page 10 of 14 • The proposed changes also involve a provision that makes the zoning Code changes applicable to specific plans that have more restrictive zoning requirements for transitional housing than the requirements proposed by this item.Ms.Fairall also clarified that this change would not only apply prospectively but would also apply to existing specific plans. Ms.Fairall said she and her team attend regular meetings with attorneys from other cities around the state and would consider any other regulations that should be brought to the Council's attention. Vice Mayor Post asked if the Fair Housing Act's prohibition against discrimination of those with a disability was limited to those with an addiction to drugs or alcohol. Ms. Fairall said the prohibition was not limited to those categories and applied to other types of disability as well. Vice Mayor Post clarified and asked whether it would apply to sex offenders, or if sex offenders were considered disabled under the Act. Ms. Fairall said sex offenders are not considered disabled under the Act. Council Member Ziegler asked for an example of a reasonable accommodation waiver. Ms. Fairall said the two most common examples from other municipalities involve increasing the number of allowed residents in a transitional home and establishing a transitional home less than 1,200 feet from another transitional home. Council Member Comerford asked if there were regulations under the state requirements for sober living homes regarding the number of residents. Ms. Fairall said there were not any for sober living homes,but that there were other types of group homes that have different residency requirements associated with them under state law. Council Member Ziegler said she was in favor of the proposed changes. She said there were some bad actors involved in the transitional housing industry. She said residents needed to stay vigilant and that the Town needed to be vigilant in enforcing applicable regulations. Mayor Honea closed the public hearing at 9:06 PM. Vice Mayor Post moved to adopt Ordinance No. 2023.032 and Resolution No. 2023-098. Council Member Kai seconded the motion. Motion passed, 7-0. fMr. Udall noted for the record that the next two items were misnumbered, but that the intent was for Item A6 to be heard before Item A5 as outlined in the agenda.] Regular Council Meeting Summary Minutes September 19,2023 Page 11 of 14 A6 Resolution No. 2023-099: Relating to Development;adopting the Town of Marana Public Art Policy (Jason Angell) Development Services Director Jason Angell said that nothing has changed in the proposed Public Art Policy since it was presented before Council at its June 20, 2023, Town Council meeting. Council Member Ziegler moved to adopt Resolution No. 2023-099. Vice Mayor Post seconded the motion. Motion passed, 7-0. A5 Ordinance No. 2023.033: Relating to Finance; amending the Town of Marana comprehensive fee schedule by adding fees related to the Marana Public Art Policy and a General Plan Map Minor Amendment, in conjunction with a Translational or Non-Site Analysis Rezoning; and designating an effective date (Jason Angell) Mr. Angell presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Mr. Angell explained the purpose of this item was to add two fees to the Town's comprehensive fee schedule: • Marana Public Art Fee. • General Plan Map Amendment- Minor fee in conjunction with a translational or non-site analysis rezoning. For detailed information regarding these fees and how they would apply to various developments, please see the presentation slides. Vice Mayor Post commented that requiring a 1% contribution from developers into the art program was a little excessive. He also said it was excessive for the Town to have so much money in an art fund. Council Member Ziegler commented that the Town needs to catch up on its art. Council Member Officer said the art in the Town needs maintenance, and Mr. Angell confirmed the fund would be available for maintenance as well. Council Member Ziegler moved to adopt Ordinance No. 2023.033. Council Member Kai seconded the motion. Motion passed, 6-1, with Vice Mayor Post voting Nay. A7 Resolution No. 2023-094: Relating to Municipal Court, reappointing Laine McDonald as Marana Town Magistrate for a four-year term beginning October 1, 2023; Regular Council Meeting Summary Minutes September 19,2023 Page 12 of 14 approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Laine McDonald (Terry Rozema) Mr. Rozema addressed the Council regarding this item. He said Town Magistrate Laine McDonald has been with the Town for a number of years as the Town Magistrate. He said the proposed employment agreement is largely the same as her previous contract, and that it includes a 7% pay increase for the four-year term of the proposed agreement. Vice Mayor Post moved to adopt Resolution No.2023-094. Council Member Kai seconded the motion. Motion passed, 7-0. Judge McDonald thanked the Council for their confidence in her. A8 Resolution No. 2023-095: Relating to Municipal Court; approving the reappointment of Kimberly Epling, Ramona Silence, and Mary Soehnle as civil traffic violation hearing officers for the Marana Municipal Court (Laine McDonald) Judge McDonald addressed the Council regarding this item. She said that several court employees have been through the state's civil hearing officer training program. She explained civil hearing officers perform administrative functions for the Court, such as signing off on citation corrections and continuing cases. Vice Mayor Post moved to adopt Resolution No. 2023-095. Council Member Comerford seconded the motion. Motion passed, 7-0. A9 Resolution No. 2023-096: Relating to Municipal Court; approving the reappointment of Frank Anjakos, Eva Bacal, Darlene Chavira-Chavez, Stuart DeHaan, David Deibel, Maria Felix and Ronald Newman as magistrates pro tempore for the Marana Municipal Court(Laine McDonald) Judge McDonald addressed the Council regarding this item. She said pro tempore judges serve in Judge McDonald's absence. She explained they discovered during the COVID- 19 pandemic that it is useful to have a long list of judges to be able to call upon in the event Judge McDonald cannot be present. Council Member Kai moved to adopt Resolution No. 2023-096. Vice Mayor Post seconded the motion. Motion passed, 7-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION Regular Council Meeting Summary Minutes September 19,2023 Page 13 of 14 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) to discuss the employment of Town Magistrate Laine McDonald, including discussion of the terms of the Town Magistrate's Employment Agreement. 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, 7-0. Meeting adjourned at 9:21 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the regular Town Council meeting held on September 19,2023. I further certify that a quorum was present. 416 C" David L. Udall, Town Clerk A064& MARANA AZ ESTABLISHED 1977 Regular Council Meeting Summary Minutes September 19,2023 Page 14 of 14