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HomeMy WebLinkAbout11-21-2023 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, November 21, 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 Vice Mayor Post called the meeting to order at 6:00 PM and directed the Town Clerk to call the roll. Mayor Honea was absent. Council Member Kai and Council Member Officer were absent until 6:03 PM and did not take part in the vote to approve the agenda, but they were both present thereafter. A quorum was present throughout the meeting. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Vice Mayor Post. APPROVAL OF AGENDA Vice Mayor Post asked for a motion to approve the agenda. Regular Council Meeting Summary Minutes November 21,2023 Page 1 of 10 Council Member Ziegler moved to remove Items Cl and C2 from the Consent Agenda and place them under Council Action and moved to approve the agenda as so amended. Council Member Craig seconded the motion. Motion passed, 4-0. CALL TO THE PUBLIC Mr. Ron Roseman addressed the Council. He urged the Council to introduce a ban of glyphosate herbicide found in certain weed-killing products. PROCLAMATIONS PR1 Proclamation Recognizing Marana Police Sergeant Adam Lawson (David L. Udall) Town Clerk/Assistant Town Attorney David Udall said the proclamation was presented to Sergeant Adam Lawson during his retirement ceremony and was included here to be entered into the record. PR2 Proclamation Recognizing November 25, 2023 as Small Business Saturday (David L. Udall) Mr. Udall said that the proclamation would be mailed to its recipient. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler commented on an event she attended with the County Board of Supervisors honoring Pima County Supervisor Sharon Bronson. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manger Terry Rozema said the Town issued 71 single-family residential permits so far in November. Last November, there were 35 total permits issued. He highlighted the Holiday Festival and Christmas Tree Lighting signature event coming up on December 2, 2023, additional amenities installed at Tangerine Sky Park, and the Marana Police Department's Thanksgiving turkey drive that provided Thanksgiving dinners for 18 families. PRESENTATIONS P1 Relating to Budget; presentation of first quarter results (July-September) for the Town's General Fund and other selected major funds for the 2023-2024 fiscal year (Yiannis Kalaitzidis) Regular Council Meeting Summary Minutes November 21,2023 Page 2 of 10 Finance Director Yiannis Kalaitzidis presented the First Quarter results for the Town's General Fund and other select funds for the 2023-2024 fiscal year. A copy of the presentation slides is on file with the Town Clerk's Office. Please see the detailed presentation slides for information regarding the presentation, including tables and graphical information. P2 Relating to Strategic Planning; presentation and discussion regarding the Town's progress in implementing the Marana Strategic Plan Five (Andrea De La Cruz) Assistant to the Town Manager Andrea De La Cruz presented on the Town's progress in implementing Marana's Strategic Plan 5. A copy of the presentation slides is on file with the Town Clerk's Office. Please the detailed slides for information regarding the presentation, including graphical information. Ms. De La Cruz answered clarifying questions and said the next update would be provided in February of 2024. Council Member Ziegler asked how many people the Town was interviewing for the Cultural Heritage Specialist position. Ms. De La Cruz said the Town is interviewing seven qualified applicants. Council Member Ziegler said she was anxious to get things going with that position. Council Member Ziegler commented on the Saguaro Bloom Community Park disruption listed under the Healthy Lifestyles slide and said that the disruption was on the part of D.R. Horton, not the Town. She stressed that the park should have been built two years ago, and that D.R. Horton has been delaying the project. Mr. Rozema said Town staff has been working with D.R. Horton to come up with creative ways to deliver the best park possible for residents. Council Member Ziegler expressed frustration that D.R. Horton was not able to come up with $300,000.00 to construct the first phase of the park and that the Town was considering potentially taking amenities out of the park. Mr. Rozema said the hope was to have most of the amenities still in the park. Council Member Ziegler said she believes more pressure should be put on D.R. Horton. Council Member Comerford also expressed frustration that D.R. Horton was delaying the project. P3 Relating to Technology Services;presentation providing an update on the Connect Pima Digital Inclusion and Infrastructure Action Plan designed to guide the development of broadband infrastructure, the implementation of digital literacy initiatives, and the increase of devices and tools for connectivity in Pima County (Ricardo Carlos) Dr. Michelle Simon, Director of Pima County's Office of Digital Inclusion and Mr. Javier Baca,Pima County's Information Technology Director presented on this item. A Regular Council Meeting Summary Minutes November 21,2023 Page 3 of 10 copy of the presentation slides is on file with the Town Clerk's Office. Please see the presentation slides for information regarding the presentation. In reference to the map shown in the slides, Council Member Comerford asked why the proposed middle mile fiber ring did not go any further north than Tangerine Road. Mr. Baca explained the project is designed to provide opportunities for fiber services to extend up to 25 miles from the middle mile fiber ring and that fiber companies could lease the ring to extend such services from that point on in a cost-effective way. Council Member Comerford asked if this project had anything to do with the company Ting. Mr. Baca said Ting is a last mile internet service provider and could be one of many that utilize the middle mile ring. He said the County wants to encourage competition with this project. Council Member Ziegler asked if Mr. Rozema would be doing a podcast on Ting. Mr. Rozema affirmed that was the plan but highlighted that this item was not directly connected to Ting. He said Ting may connect to the middle mile ring. Council Member Ziegler pointed out that many residents were upset at the disruption and construction mess caused by some of Ting's work in the right of ways, and asked if the middle mile project would similarly disrupt residents. Mr. Baca said this project would require underground construction for reliable and enduring fiber infrastructure. He said efforts will be made to avoid or minimize disruption, but that it is a large construction project. He highlighted that actual construction would still be couple of years down the road. Dr. Simon said the soonest construction could start was 2025 because a significant environmental assessment and a historic preservation mitigation plan must be completed first. She said there would be community outreach and involvement with the project, and Council Member Ziegler thanked her for bringing in the community early. Council Member Comerford said the Town will be doing road improvements on Tangerine Road and requested that the Town and County coordinate so the projects could be completed at the same time rather than ripping up the roadway twice. P4 Relating to Water: presentation from a representative of the Central Arizona Project(CAP) Board providing an update on the status of the lower Colorado River Basin water supply (Jing Luo) Water Director Jing Luo introduced this item and its presenter, Ms. Karen Cesare, Secretary of the Central Arizona Water Conservation District. Ms. Cesare presented on Regular Council Meeting Summary Minutes November 21,2023 Page 4 of 10 the status of the lower Colorado River Basin water supply and said there has been improvement due to last year being a very good water year. A copy of the presentation slides is on file with the Town Clerk's Office. For information regarding the presentation, including statistics and graphical information, please see the presentation slides. Council Member Kai asked what the projections were for the upcoming snow year and how that would impact water projections going forward. Ms. Cesare said it was difficult to predict. She said last year was an amazing year, and that current predictions showed this upcoming year would be an average or slightly above average year. She said an average year on top of last year would be good for the time being. [Prior to entertaining a motion for the consent agenda, Vice Mayor Post invited Mr. Carlos Valles,Executive Director of the Sahuarita Food Bank and Community Resource Center, to approach the dais.] Mr. Valles said that, beginning December 1, 2023, he would also be the Executive Director for the Marana Food Bank and Community Resource Center. He thanked the Council for their support. Council Member Ziegler said there was some confusion regarding this effort at the Pima County Board of Supervisors and said she would talk with Mr. Rozema to figure out where the confusion stemmed from so she could help address it. CONSENT AGENDA [Items Cl and C2 were removed from the Consent Agenda and were considered under Council Action below.] C3 Resolution No. 2023-109: Relating to Budget; approving the transfer of up to $150,000 in budgeted expenditure authority from the General Fund contingency line item to the Mayor and Council Community Relations budget in the fiscal year 2023-2024 budget for a donation to the Marana Food Bank and Community Resource Center (Terry R. Rozema) C4 Resolution No. 2023-110: Relating to Capital Improvement Projects; approving and authorizing the Mayor to sign the Intergovernmental Agreement between the Pima County Flood Control District and the Town of Marana for Construction and Maintenance of the Santa Cruz River Path CalPortland Segment (Libby Shelton) Regular Council Meeting Summary Minutes November 21,2023 Page 5 of 10 C5 Resolution No. 2023-111: Relating to Development; approving the final block plat for Mandarina Blocks 1-2,4-5 &8-13 generally located north of Tangerine Road and east of Interstate 10 within portions of Section 36, Township 11 South and Range 11 East and Section 31, Township 11 South and Range 12 East (Steve Cheslak) C6 Resolution No. 2023-112: Relating to Marana Regional Airport; authorizing the Public Works Director or designee to submit an application for entry into the Federal Contract Tower Program at Marana Regional Airport (Fausto Burruel) C7 Resolution No. 2023-113: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and the Town of Oro Valley for the M.O.V.E. Across 2 Ranges Hike Challenge Event (Jim Conroy) C8 Resolution No. 2023-114: Relating to the Police Department; approving and authorizing the Town Manager and the Acting Chief of Police to execute an agreement between the State of Arizona Department of Emergency and Military Affairs and the Marana Police Department for funding for the purchase of border security technologies (Libby Shelton) C9 Resolution No. 2023-115: Relating to the Police Department; approving and authorizing the Interim Police Chief to execute an updated agreement between Pima County Superior Court and Marana Police Department to allow the exchange of court information to determine disposition of cases; rescinding Resolution No. 2023-092 (Libby Shelton) C10 Resolution 2023-116: Relating to Transaction Privilege Tax; approving and authorizing the Mayor to execute an intergovernmental agreement between the State of Arizona Department of Revenue and the Town of Marana for the administration, collection, audit, and licensing of transaction privilege taxes, use taxes, severance taxes, jet fuel excise and use taxes and rental occupancy taxes imposed by the State, cities or towns (Yiannis Kalaitzidis) C11 Resolution No. 2023-117: Relating to Water; authorizing Town staff to apply for a Drinking Water Revolving Fund loan from the Water Infrastructure Finance Authority of Arizona (WIFA) to fund design and construction costs for a Marana Park emerging contaminants water treatment facility (Ding Luo) C12 Resolution No. 2023-118: Relating to Administration; approving the updated Electronic Communications Retention and Storage Administrative Directive and the Regular Council Meeting Summary Minutes November 21,2023 Page 6 of 10 updated Data Storage Administrative Directive for Town of Marana employees and elected and appointed officials (Ricardo Carlos) C13 Approval of Amended Summary Meeting Minutes of October 3, 2023 (David L. Udall) C14 Approval of Regular Council Meeting Summary Minutes of October 17, 2023 (David L. Udall) Council Member Kai moved to approve the consent agenda. Council Member Officer seconded the motion. Motion passed, 6-0. LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #006 Bar liquor license submitted by James Ty Hammett on behalf of Caps &Corks,located at 3830 West River Road, Suite 100,Tucson, Arizona 85741 (David L. Udall) Mr. 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 Comerford 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 #006 Bar liquor license submitted by James Ty Hammett on behalf of Caps & Corks, located at 3830 West. River Road, Suite 100, Tucson, Arizona 85741. Council Member Craig seconded the motion. Motion passed, 6-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION C1 Ordinance No. 2023.040: Relating to Business Regulations; adopting revisions to Title 9 "Business Regulations" of the Marana Town Code; including revising Section 9-2- 7 (License renewal) to allow the town to conduct investigations on business license renewals; revising Section 9-2-10 (Grounds for denial, suspension, revocation, or nonrenewal of license) to add an additional ground related to solicitors; adding new Chapter 9-15 (Soliciting in residential areas); and designating an effective date Resolution No. 2023-107: Relating to Business Regulations; declaring as a public record Regular Council Meeting Summary Minutes November 21,2023 Page 7 of 10 filed with the Town Clerk the amendments adopted by Ordinance No. 2023.040, revisions to Title 9 "Business Regulations" of the Marana Town Code; revising Section 9-2-7 (License renewal) to allow the Town to conduct investigations on business license renewals; revising Section 9-2-10 (Grounds for denial, suspension, revocation, or nonrenewal of license) to add an additional ground related to solicitors; and adding new Chapter 9-15 (Soliciting in residential areas) (Luke Fischer) Deputy Town Attorney Libby Shelton presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Ms. Shelton said the proposed ordinance focuses on regulating businesses whose employees solicit in residential areas and was similar to the Town's ordinance regulating peddlers (consisting of individuals who go door to door). For more information about the solicitor regulations, please see the presentation slides. Council Member Ziegler thanked Town staff for bringing forward the proposed solicitor regulations and asked what department would be responsible for enforcement. Ms. Shelton said enforcement could come from a variety of sources, including the Finance Department,Code Enforcement,or the Police Department if criminal conduct is involved. Council Member Ziegler moved to adopt Ordinance No. 2023.040 and Resolution No. 2023-107. Council Member Officer seconded the motion. Motion passed, 6-0. C2 Resolution No. 2023-108: Relating to Budget; approving the transfer of S44,000, S41,000, $330,000, $5,000, $2,200, $1,250 and $74,500 in budgeted expenditure authority from the General Fund contingency line item to the restricted budget line items within the Community & Neighborhood Services Department, the Tangerine Farms Road Improvement District Fund, the Health Benefits Fund, the Northeast Streets Facilities Benefit Area Impact Fee Fund, the 2017B Excise Tax Series Bonds debt service Fund, the Gladden Farms CFD debt service Fund, and the Gladden Farms, Phase II CFD debt service fund, respectively, in the fiscal year 2022-2023 budget (Yiannis Kalaitzidis) Mr. Kalaitzidis presented on this item. He explained that the Town sets the budget with staff's best estimates of what costs will be for the year. Throughout the year, if a department has the cash available, it may be allowed to continue to spend money for efficiency purposes and then seek budget authority from Council. He explained that is what is happening with this item and that there were multiple reasons for the overages. For example,the$330,000.00 for the Marana Health Benefits Trust Fund was due to larger and more claims than anticipated. He said the funds at issue in this item still have a healthy reserve balance. Regular Council Meeting Summary Minutes November 21,2023 Page 8 of 10 Council Member Craig asked how the Town could be short on the Gladden Farms,Phase II CFD debt service fund. Mr. Kalaitzidis said the Town budgeted a certain amount for debt to be issued to acquire eligible infrastructure constructed by the developer. As part of that process, Town staff receives an amount from the developer and estimates how much the Town will issue in debt and how much capital property the Town will acquire with the proceeds. In this case, the amount estimated at the beginning of the budgeting process was under the amount the developer ended up providing, and the town issued additional debt to account for the higher cost. Council Member Craig asked if it would balance out in the end, and Mr. Kalaitzidis said it would. Vice Mayor Post asked how a CFD item was mixed with a regular Town Council item. Mr. Kalaitzidis said it was because the Town's budget includes all of the Town's CFDs. Council Member Comerford moved to adopt Resolution No. 2023-108. Council Member Kai seconded the motion. Motion passed, 6-0. 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 and to instruct the Town's representatives concerning the litigation entitled Southern Arizona Home Builders Association v. Town of Marana, Pima County Superior Court Case No. C20184411. Vice Mayor Post asked for a motion to go into executive session. Council Member Kai moved to go into executive session. Council Member Ziegler seconded the motion. Motion passed, 6-0. (An executive session was held, beginning at 7:37 PM and concluding at 801 PM.] Regular Council Meeting Summary Minutes November 21,2023 Page 9 of 10 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 Vice Mayor Post asked for a motion to adjourn the meeting. Council Member Kai moved to adjourn the meeting. Council Member Officer seconded the motion. Motion passed, 6-0. Meeting adjourned at 8:01 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the regular Town Council meeting held on November 21, 2023. I further certify that a quorum was present. David L. Udall, Town Clerk ICS'S:16‘" MARANA ESTABLISHED Regular Council Meeting Summary Minutes November 21,2023 Page 10 of 10