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Home My WebLink About10-17-2023 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, October 17, 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 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 October 17,2023 Page 1 of 7 CALL TO THE PUBLIC Mr. David Morales addressed the Council. He thanked members of the Council for their assistance with getting a pod on site at DAV Chapter 4. Mr. Morales informed the Council the DAV has been asked to move and requested financial assistance. PROCLAMATIONS PR1 Proclamation Recognizing November 6, 2023, as Color the World Orange Day (David L. Udall) Mayor Honea will be delivering the proclamation to its recipient. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Craig highlighted that she learned at a Southern Arizona Water Users Association event that the Supreme Court ruled that only waterways with continuous water flow will qualify for federal protection.She expressed concern that Arizona washes and rivers will lose protection as a result, which could cause increased flooding and damage to wildlife corridors. Council Member Ziegler said she attended the Gladden Farms Dog Park opening and thanked the Parks and Recreation and Community and Neighborhood Services Departments. Mayor Honea also complemented the Gladden Farms dog park. He said Senator Justine Wadsack has been working diligently to change regulations that will help Marana related to water resources. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Ma nger Terry Rozema said the Town issued 60 single-family residential permits so far in October. Last October, there were 38 total permits issued. He also highlighted several upcoming Town events, including the Community and Aquatic Center groundbreaking taking place on October 20,2023. PRESENTATIONS Regular Council Meeting Summary Minutes October 17,2023 Page 2 of 7 CONSENT AGENDA C1 Ordinance No. 2023.036: Relating to Administration; amending Town Code Title 3(Administration),Chapter 3-1 (Officers and Employees);revising Section 3-1-3 (Position status) to revise the maximum employment time for short-term temporary positions;and designating an effective date (Curry C. Hale) C2 Resolution No. 2023-100: Relating to Addressing; renaming a street located in the Moonlight Canyon at Saguaro Ranch 2 subdivision generally located southwest of the intersection of Conrads Way and Old Ranch House Road (Austin Shreffler) C3 Resolution No. 2023-101: Relating to Administration; approving and authorizing the Finance and Purchasing Director to execute a Deed of Gift donating computer docking stations to the Los Angeles Sheriff's Department (Yiannis Kalaitzidis) C4 Resolution No. 2023-102: Relating to Personnel; Approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Classification and Compensation, Policy 3-1 "Position Status" and Policy 3-4 "Payroll Procedures," multiple policy revisions to Chapter 4 - Employment Benefits and Leaves, and revising Chapter 8 - Termination of Employment, Policy 8-2 "Exit Process" and Policy 3-4 "Re-employment" (Curry C. Hale) C5 Resolution No. 2023-103: Relating to Utilities; approving and authorizing the Mayor to sign an amendment to the Intergovernmental Agreement, effective December 1, 2023, between the Town of Marana and Pima County for provision of water consumption data and sewer user account billing services (Ding Luo) C6 Approval of Regular Council Meeting Summary Minutes of October 3, 2023 (David L. Udall) Council Member Ziegler moved to approve the consent agenda. Council Member Kai seconded the motion. Motion passed, 7-0. LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #012 Restaurant liquor license submitted by Minh Van Pham on behalf of Newton Pho, located at 5730 West Cortaro Farms Road, Tucson, Arizona 85742 (David L. Udall) Regular Council Meeting Summary Minutes October 17,2023 Page 3 of 7 Town Clerk/Assistant Town Attorney David Udall informed the Council that Town staff reviewed the application and that it was posted for the required 20-day notice period. He said Town staff recommended an order of approval be submitted to the Arizona Department of Liquor License and Control. Council Member Kai moved to approve and submit to the Arizona Department of Liquor License and Control an order recommending approval of an application for a new series #012 Restaurant liquor license submitted by Minh Van Pham on behalf of Newton Pho, located at 5730 West Cortaro Farms Road, Tucson, Arizona 85742. Vice Mayor Post seconded the motion. Motion passed, 7-0. BOARDS, COMMISSIONS and COMMITTEES COUNCIL ACTION Al Ordinance No. 2023.037: Relating to Animal Control; amending Marana Town Code Title 6(Animal Control);adding new chapter 6-10"Pet Stores" to regulate pet stores by establishing requirements and authorizing enforcement; and designating an effective date Resolution No. 2023-104: Relating to Animal Control; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2023.037 to Marana Town Code Title 6 (Animal Control); adding new chapter 6-10 "Pet Stores" to regulate pet stores by establishing requirements and authorizing enforcement (Luke Fischer) Mr. Luke Fischer presented on this item. Mr. Fischer explained that the purpose of this ordinance was to codify current Town policies related to pet stores and to mirror state law for Town enforcement purposes. He went over some of the highlights of the proposed ordinance, including the addition of: a requirement that initial vet inspections be completed for animals pet stores purchase from pet dealers; a requirement that an information statement be provided to consumers; record keeping requirements; animal cage regulations; and a requirement that pet stores purchase animals through licensed dealers. Council Member Ziegler moved to adopt Ordinance No. 2023.037 and Resolution No. 2023-104. Council Member Comerford seconded the motion. Motion passed, 7-0. A2 Ordinance No. 2023.038: Relating to Animal Control; amending Marana Town Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to add new definition for dog park; revising section 6-4-1(C)(4) (Dogs at large prohibited; exceptions; classification) to revise dog park exception; adding section 6-4-4 (Dog park regulations) Regular Council Meeting Summary Minutes October 17,2023 Page 4 of 7 to add dog park regulations; and revising section 6-7-2 (Evaluation of animals) to add exception to vicious, aggressive or destructive animal evaluation or investigation in dog parks; and designating an effective date Resolution No. 2023-105: Relating to Animal Control; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2023.038, revisions to Marana Town Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to add new definition of dog park; revising section 6-4-1(C)(4) (Dogs at large prohibited; exceptions; classification) to revise dog park exception; adding section 6-4-4 (Dog park regulations) to add dog park regulations; and revising section 6-7-2 (Evaluation of animals) to add exception to vicious, aggressive or destructive animal evaluation or investigation in dog parks (Lisa Shafer) Community and Neighborhood Services Director Lisa Shafer presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Ms. Shafer informed the Council that the proposed ordinance is designed to codify what the Town is already doing in practice. The ordinance adds a definition of "dog park" to Title 6 of the Town Code and adds associated regulations. During her presentation, Ms. Shafer noted that the resolution associated with the ordinance was subsequently revised after the agenda materials were posted, and she recommended that the Council adopt the revised resolution instead of the one originally posted. Please see the presentation slides for details regarding the regulations and the minor revision. Council Member Officer recommended that the signs be posted inside the dog parks instead of just outside. Ms. Shafer said Town staff would take note of that. Vice Mayor Post moved to adopt Ordinance No. 2023.038 and Resolution No. 2023-105, as revised. Council Member Ziegler seconded the motion. Motion passed, 7-0. A3 Ordinance No. 2023.039: Relating to Parks and Recreation;revising Marana Town Code Title 13 (Parks & Recreation), chapter 13-1 (Parks and recreation regulations); section 13-1-1 (Domestic animals and pets) to refer to dog park definition and regulation in Title 6 (Animal Control); and designating an effective date (Lisa Shafer) Ms. Shafer informed the Council that this ordinance would amend Title 13 in order to reference the new dog park regulations adopted under Item A2. Council Member Kai moved to adopt Ordinance No. 2023.039. Council Member Ziegler seconded the motion. Motion passed, 7-0. Regular Council Meeting Summary Minutes October 17,2023 Page 5 of 7 A4 Resolution No. 2023-106: Relating to Development; amending the infrastructure improvements plan supporting development impact fees for parks and recreation facilities by shifting the anticipated development impact fee funding among certain projects and by reducing the cost provided for the Twin Peaks District Park Land Acquisition and Phase 1 Development Project and for the New Competition Swimming Pool (50 Meter) Project without changing the amount of the parks impact fees or level of service;authorizing the transfer of up to$693,302.00 in budgeted expense authority in the fiscal year 2023-2024 budget to the Santa Cruz Shared Use Path at Cal Portland Project line item within the impact fee fund from various line items within the budget (Jim Conroy) Parks and Recreation Director Jim Conroy presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Mr. Conroy said this item involved three changes to the Parks infrastructure improvements plan, as highlighted in the table included in the presentation slides (with additional funding highlighted in yellow and projects where funding will be pulled from highlighted in teal). He said that, if approved, the Cal Portland Shared Use Path Project monies would become immediately available and that construction would begin in early 2024. The Honea Park Project monies would become available as of July 1, 2023 with construction anticipated to begin in Summer 2024. The El Rio Disc Golf Course Project monies would also become available as of July 1, 2023 with construction beginning after Monsoon season. For more details, please see the presentation slides. Vice Mayor Post moved to adopt Resolution No. 2023-106. Council Member Ziegler seconded the motion. Motion passed, 7-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION 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)(3) and (4) for discussion or consultation with the Town's attorneys in order to consider the Town's position and Regular Council Meeting Summary Minutes October 17,2023 Page 6 of 7 instruct its attorneys regarding the litigation entitled In Re: AFFF Products Liability Litigation, MDL No. 2873, currently pending in the United States District Court for the District of South Carolina, related to perfluorinated compounds (PFAS) water contamination,including discussion of the pending settlements reached with defendants 3M Company and the DuPont entities. Mayor Honea asked for a motion to go into executive session. Vice Mayor Post moved to go into executive session. Council Member Ziegler seconded the motion. Motion passed, 7-0. [An executive session was held beginning at 6:36 PM and concluding at 7:16 PM.] Once back in open session, Council Member Ziegler moved to direct staff to proceed as discussed in executive session. Council Member Officer seconded the motion. Motion passed, 7-0. 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. Motion passed, 7-0. Meeting adjourned at 7:16 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the regular Town Council meeting held on October 17, 2023. I further certify that a quorum was present. David L. Udall, Town Clerk Ae<Sie. Regular Council Meeting Summary Minutes MARANA AZ October 17,2023 ESTABLISHED 1977 Page 7 of 7