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HomeMy WebLinkAbout09/01/2020 Amended Regular Council Meeting Summary Minutes X46. G MARANA AZ ESTABLISHED 1977 AMENDED, 09/15/2020 @4:45 PM MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 1, 2020, at or after 6:00 PM Ed Honea, Mayor Jon Post,Vice Mayor David Bowen, Council Member Patti Comerford, 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 Clerk to call the roll. Mayor Honea,Vice Mayor Post,Council Members:Dave Bowen,Patti Comerford, Roxanne Ziegler,John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Vice Mayor Post moved and Council Member Bowen second the motion to approve the agenda with the following changes, move Item Al to the end after Item A4. Motion passes, 7-0. CALL TO THE PUBLIC Regular Council Meeting Summary Minutes 09/01/2020 Mayor Honea open the meeting to receive public comments, and the following individuals provided comments. Tom Howlin, President of the Sunflower Homeowners Association, stated he attended the Council Studyannexationof Session over a month ago for the the KB Homes property. He wished to express his gratitude to the Council for its reasonableness for which it approached this issue. He want to thank Council Member Ziegler and Council Member Comerford as both spoke out about the issue, as he admires strong women. He thanked Mayor Honea as he had worked behind the scenes without much credit in order to get a lot of this done to make the development palatable to Sunflower and other communities. The Sunflower community nudged him to come before Council to offer its appreciation and gratitude for what it does. PROCLAMATIONS P1 Proclamation declaring September 21-27,2020 as, "Diaper Need Awareness Week" (Cherry L. Lawson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Officer reported that he attended the Support for Marana Police Officers with his family. It was a great event as well as a show of support for Marana Police Department. Mayor Honea reported that he had been working online, and that it is hard work, as he is an executive member on the League of Arizona Cities and Towns Board. He spent four hours online early morning on Zoom to interact and provide comments on behalf of Marana. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Mehta reported on the single-family residential permits issued as provided within the Executive Report to Council for the month of August. Marana issued 82 single-family residential permits in comparison to one year ago in August 2019, the Town issue 62. The last few months have been extremely positive for the Town of Marana in terms of its attractiveness for new building in the town as well as for families moving to the area. He also reported on the Tortolita fires stating there were two (2) fires that started on August 27; one called the Dove fire and the other called the Edwin fire. Both fires are completely contained, and there were no structure loss as the fires were on state lands. Our trail system that was blocked off due to the fires is now reopen. Relating to Parks & Recreation, Marana started the swim season late due to the onsite construction at that time. The swim season is extended until September 5. To Regular Council Meeting Summary Minutes 09/01/2020 commemorate the season, the Parks Department will host a Dive-in-Movie event to celebrate the end of the swim season. It is fully booked. Marana is the only community that has an open pool in the region. We managed to do that by instituting measures that would keep patrons, staff and lifeguards safe. Along with the splash pads, Marana is the only community that has maintained the opening of these areas. He provided a brief update to COVID-19 stating Pima County has officially moved into the moderate phase of transmission. This means that some of those businesses that were identified such as movie theaters, certain bars and restaurants, or waterparks—those types of businesses were identified as having to pause in its mode of operation. As we have moved into the moderate mode, certain guidelines issued by the state, some can reopen with certain limitations. Those businesses that were previously on the pause mode can now begin to reopen, only after approval by the state. As of August 31, Governor Ducey's office has reported that 1,200 businesses have put in requests, several of those businesses have been approved; some of which are located in Marana. The state are the ones who are enforcing this measure. In the Phoenix area,there were three bars reported as non-compliant. They were shut down and its liquor license is indefinitely suspended. In Marana previously before the new measures were instituted by the state,Town staff was doing the enforcement. We had dealt with 17 establishments. Fortunately,for the Town,all 17 business established have complied after the Town made the initial contact. Some of those businesses have started reopening under limited conditions. Those businesses will continue to report, and will be monitored by the state going forward as they have established its own complaint web form. Much of this information can be obtained from the Town's Covid-19 webpage, and contains the information on how businesses can reopen, status of the transmission, benchmarks and the capacity that the state can operate. Mayor Honea added to Mr. Mehta's comments stating as one review the dot map, that if you review the zip code for Pima County 85653,and 85658 for Dove Mountain,it shows three to five cases each. Marana has low number of cases. 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 2019-2020 fiscal year (Yiannis Kalaitzidis) Finance Director Yiannis Kalaitzidis presented a PowerPoint overview of the preliminary year-end results (July-June) for the Town's General Fund and other selected major funds for the 2019-2020 fiscal year. (A copy of the presentation is available in the Town Clerk's Office for review, and the Council Meeting video is available on the town's website for viewing.) Regular Council Meeting Summary Minutes 09/01/2020 P2 Relating to Budget;presentation of monthly financial revenues(July) of the Town's General Fund funds for the 2020-2021 fiscal year (Yiannis Kalaitzidis) Mr. Kalaitzidis presented a PowerPoint overview of the monthly financial revenues (July) of the Town's General Fund funds for the 2020-2021 fiscal year. (A copy of the presentation is available in the Town Clerk's Office for review, and the Council Meeting video is available on the town's website for viewing.) Below is a brief overview of the presentation. Budget Briefing ■ Current State of Economy ■ Revenue history, April-June ■ July revenue update Budget Briefing: Background ■ COVID-19 caused GDP to fall by 32.9% in the second quarter ended June 30, 2020 ■ Unemployment stands at 10.2% nationally (July) and 10.0% in AZ (June) ■ Federal relief funds help keep economy afloat, but continuation is uncertain ■ Economic recovery still uncertain without proven vaccine or therapeutic solution expected for months Budget Briefing: FY2021 Indicators ■ Real-Time Indicators & Trends ■ Marana Hotel Occupancy rate fell by 10.2% (July Year over Year) ■ Marana Hotel Revenues declined by 11.6% (July Year over Year) ■ Housing Permits still being issued but future is uncertain ■ 855 issued in FY2020 vs 802 in FY2019 ■ 205 issued April -June 2020 vs. 256 in April - June 2019 ■ 103 issued in July 2020 vs. 83 in July of 2019 Budget Briefing: FY2020 Projections vs. Actuals ■ April-June actual revenues compared to pre-pandemic anticipated projections ■ PowerPoint slide is available for viewing in the Town Clerk's Office or on the Town's website. Budget Briefing: Summary ■ Revenues are better than anticipated ■ Still early to determine the future which will depend on ■ Federal relief funds ■ Virus solution (Vaccine or therapeutics) ■ Effectiveness of current measures ■ Stay the course while uncertainty remains ■ Continue to monitor revenues Regular Council Meeting Summary Minutes 09/01/2020 CONSENT AGENDA Cl Resolution No. 2020-091: Relating to Utilities; approving and authorizing the Mayor to sign a five-year intergovernmental agreement with the Metropolitan Domestic Water Improvement District for the purchase of long term water storage credits (Scott Schladweiler) C2 Resolution No. 2020-092: Relating to Utilities; approving and authorizing the Mayor to sign an agreement with B.K.W. Farms, Inc. for in-lieu water deliveries and storage (Scott Schladweiler) C3 Resolution No. 2020-093: Relating to Utilities; approving and authorizing the Water Director to sign a Joint Funding Agreement with the U.S. Department of the Interior U.S. Geological Survey for Aquifer Storage Change and Land Surface Elevation Change Monitoring from October 1, 2020 through June 30, 2024 (Scott Schladweiler) C4 Resolution No. 2020-094: Relating to Parks and Recreation; approving and authorizing the Parks and Recreation Director to execute the third amendment to Facility Usage Agreement between the Town of Marana and Leman Academy of Excellence, Inc. (Jane Fairall) C5 Approval of the Regular Council Meeting Summary Minutes of August 18, 2020 (Cherry L. Lawson) Council Member Ziegler moved and Vice Mayor Post second the motion approving the Consent Agenda as presented. Motion passes unanimously, 7-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Relating to Finance; discussion and direction to staff regarding whether to implement the federal payroll tax deferral program authorized by the August 8, 2020 Presidential Memorandum Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster (Yiannis Kalaitzidis) Amended Agenda item added, 08/31/2020 @ 4:28 PM. Item was considered after Item A4. Finance Director Yiannis Kalaitzidis provided a PowerPoint Presentation overview on this item as provided below. (A copy of the presentation is on file in the Town Clerk's Office, or on the Town website for viewing.) He stated the purpose of the item is for Council to elect whether the Town, as an employer will implement the federal payroll tax deferral program; and if so, whether the Town will allow employees the choice to opt in or out of the program. Regular Council Meeting Summary Minutes 09/01/2020 Payroll Tax Deferral: Background • Presidential Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster - issued on August 8, 2020 • Directed Secretary of the Treasury (IRS) to defer certain payroll tax obligations from September 1, 2020 to December 31, 2020 • Applicable wages = 6.2% of Employee Social Security contribution • Only employees making less than $4,000 (pre-tax) on a bi-weekly basis are eligible for the deferral • Presidential Memorandum further directs Secretary of Treasury to: • Issue guidance to implement the memorandum • Explore avenues to eliminate the obligation to pay the taxes deferred Guidance from Treasury IRS issued guidance on August 28, 2020: • Payback period starting January 1, 2021 and no later than April 1, 2020; interest& penalties accrue beginning May 1, 2020 • Employer to "withhold and pay" any deferred amounts during the payback period • Ultimately, an employer liability to pay back any taxes deferred • If necessary, employer may make arrangements to collect the deferred taxes from employee • Designates "employers that are required to withhold and pay the employee share of social security tax" as the "Affected Taxpayers" • Clarifies that the $4,000 per pay period threshold for tax deferral eligibility must be determined on a pay period-by-pay period basis Treasury guidance did not address the following: • Whether payroll tax deferral is mandatory or optional • Appears to be optional for employer • Relies on Section 7508A of the IRS Code which allows IRS to postpone deadlines- does not allow IRS to prohibit timely withholding and payment of taxes • Employees are not designated as"Affected Taxpayers" -appear to have no independent right to deferral • Whether employees may opt-out • Appears to be no prohibition on an employer allowing employees to choose whether or not to defer the employee portion • Participation & payback for temporary employees • How to collect amounts deferred if the employee separates from the Town Potential Considerations For Employees: • Benefit for 4 months through December 2020 • Burden for 4 months from January-April 2021 to pay back deferred tax (essentially double payroll taxes) unless Congress passes legislation to forgive deferred amounts Regular Council Meeting Summary Minutes 09/01/2020 • Potential tax implications for 2020 & 2021 For Employer: • Administrative burden to implement & maintain • Manual calculation each pay period to determine eligibility of each employee • Collections from employees upon separation and during payback period • Temporary employees might not be able to participate • Payback is ultimately Town's responsibility Estimated Impact • Eligible employees - up to 373 of 397 (excluding impact of overtime to wages) • Impact to individual employees: • $5 - $248 per paycheck • $40 - $1,984 from September - December in total • Total liability to Town estimated at$371,000 Next Steps Request for Council to provide direction on the following: • Town implementation of payroll tax deferral considering the impact to the Town and employees • If Council votes for Town to participate • Allow individual employees to opt-out? • Obtain written, signed agreement from participating employees for potential collection of taxes owed at separation • Inclusion or exclusion of temporary employees Timeline If Council votes to implement the payroll tax deferral program and allows individual employees to opt in or out: • Survey employees to determine participation • Implement written, signed agreements with participating employees • Implement for pay period ending 9/11/20 Mr. Kalaitzidis stated staff recommends the Council chose not to implement the Payroll p Y Tax Deferral Program. The program does not appear to provide any long-term benefits to employees or to the Town, as the taxes will simply be deferred for four (4) months before having to be withheld and paid in full. However, if Council chooses to implement the program, then staff recommends the following: 1) Employees should be allowed to choose whether to participate in the program on an individual basis. 2) An employee's decision to opt in or out of the deferral program should be irrevocable, i.e. the employee may not opt in and then opt out, or vice versa. 3) Employees that do participate in the program should be required to sign an agreement regarding repayment, as drafted and approved by the Town's Legal Department. Regular Council Meeting Summary Minutes 09/01/2020 Council Member Bowen moved and Council Member Kai second the motion not implement the payroll deferral program. Motion passes 6-yes, 1 nay (Ziegler) A2 Resolution No. 2020-095: Relating to Annexation; approving and authorizing the Mayor to sign the Intergovernmental Agreement among Pima County, the Pima County Flood Control District, and the Town of Marana regarding open space near the El Rio Preserve; approving and authorizing the Mayor to sign the La Puerta Del Norte East Pre- Annexation Development Agreement with Marana Unified School District No. 6; authorizing the Mayor to sign the annexation petition for Town-owned properties in the La Puerta Del Norte East Annexation area;and authorizing Town staff to de-annex Town- owned properties from the La Puerta Del Norte Mobile Home Subdivision Declaration of Restrictions (Frank Cassidy) Town Attorney Frank Cassidy provided an overview of the background on the annexation and the intergovernmental agreement related to La Puerta Del Norte East PADA with Marana Unified School District No. 6, as well as the financial implications associated, and the benefits of the annexation with the Town of Marana. (To view the full discussion of this item, please go to the Town website at www.maranaaz.gov.) Mr. Cassidy pointed to an error in one of the other provision in Section 5D of the Development Agreement. It states that Marana will waive 60% of the permit fees for the road. That should be 50%,and an earlier draft stated they had asked Marana to contribute 60% of the road up to $400,000. Marana negotiated that amount down to 50%. Therefore Section 5D of the agreement should be amended by vote to say 50% of the permit fees. Mayor Honea open the meeting to receive public comments on this item. The following individuals came forward to provide comments. Some of the comments were submitted by email to the Town to be included with this item. Bill Ohl spoke in opposition of the project, and commented about the August 18 Study Session and having met on or near Linda Vista representatives from KB Homes, and others. He explained the nature of the meeting was to look at some options for Linda Vista. Luis Iracheta spoke about the project in size and scope. He says people live in that area and the area is special to them as they enjoy living there. He spoke in opposition of the project. Frank Hook spoke in opposition of the project, as the community that he lives in is not in Marana. However, he shops and pays taxes in the Town of Marana. He commented about the conflict of interest and rezoning of the property area. James Meyer spoke about his personal timeline related to the purchase of his property. He spoke in opposition of the project. Regular Council Meeting Summary Minutes 09/01/2020 Joy White spoke in opposition of the project as the property means a lot to her and her family as she has lived in the community for 20 years. The people who lives in the La Puerta Del Norte community does not wish to be annexed into Marana. Mark Johnson, President of the Tortolita Alliance (TA) stated he sent a letter on behalf of the TA on the propose annexation of La Puerta Del Norte. He commented on some concerning areas of the proposed annexation. Rory Juneman, representative of KB Homes, Inc., clarified some statements that some of the speakers made. Karen Kansfield sent an email opposing the development for several reasons. Margot Dahl sent an email opposing the development until a proper report on watershed and affected wildlife and environment has been conducted. Evelyn Belzer sent an email opposing the development as it has served as a gathering place for many for thousands of years. Anthony Paashaus spoke in opposition of the development, as there will be an impact on wildlife in that area. Amended to include Council Member Comerford's comments. Council Member Comerford addressed the Joy White stating her heart goes out to each person impacted in this area. She presented a different viewpoint to the issue stating, she and her husband purchased a home in 1994 in Continental Ranch. They had moved to Marana from California. They were happy to find a home in a community that they fell in love with right away. It may not be Ms. White's style of living, and she understand that, as well as understand that she is upset. She explained the events that occurred to her and her family when they moved into the Continental area stating, she became very involved with the community. She was not on the Council at that time. She assisted the school district, as Marana needed schools. During that time, the laws were different; you had to get bonds to build schools. A school was needed in Continental Ranch desperately. There were many families moving in at that time, as having a kindergarten student take the bus to Estes was not a great idea. She had learn a great deal during those earlier years. There were other parcels of land in the area designated for schools and that particular site was going to be the "future" middle school. The residents were excited!However, the school did not get build. Things changed; they change all the time. The community has to understand that property rights do exist, and owners have rights to their property. Marana School District did not keep their word to the residents, and things change—it happens. There is one thing that she has learned from being on the Council; things continually change. People that own property have rights to that property. Homes that are build can be two- story in nature. Unfortunately, residents do not own the view; residents own their property. Regular Council Meeting Summary Minutes 09/01/2020 She explained her reason for bringing this up forward. She appreciates the opportunity to educate. She referenced the residents in the Dove Mountain community, as they have become upset whenever new development is proposed in that area. She stated that she toured the area with the developer years before development occurred. It was his vision and dream to develop the Dove Mountain area, as he owned the land. Council receives comments from members of the public on a variety of concerns that they disagree with. She stated we have to understand that property owners have rights too. As an example, Marana School District was to build a middle school 25 years ago. However, they wish to build in "Gladden Farms," as that is where the population is growing; therefore, they need to do the land swap. KB Homes has indicated it is a good deal. In the time that she has been a Council Member, the concessions that they have given are good. She knows the residents in that community does not agree with Council. She stated that she did not vote for this project the first time around;however, she was able to learn more about the project. The project is not yet developed. This is about annexation, as five different governments coming together to try to make a plan work. Somebody will be happy and somebody will not be happy. It is not about the money for the Town of Marana. Marana is concern about who will eventually be responsible for the development once completed. The county will not be responsible for it. She commented on the length of time it takes the deputy to get there today. Marana generally responds in that area. It is better to have the project in Marana where there is some control over it; that is, control over what will be build. It would be her preference rather than allowing the county to decide what will be build. If Pima County were to decide, there could be two-story homes build there certain concessions could be lost. Council Member Comerford stated she does not wish to argue the point. She understands the residents'position. That, unless all of the residents pull together and buy the land from the current owner, the property owner have those rights. Council Member Bowen moved and Vice Mayor Post second the motion approving Resolution No. 2020-095 Relating to Annexation; approving and authorizing the Mayor to sign the Intergovernmental Agreement among Pima County, the Pima County Flood Control District, and the Town of Marana regarding open space near the El Rio Preserve; approving and authorizing the Mayor to sign the La Puerta Del Norte East Pre- Annexation Development Agreement with Marana Unified School District No. 6; authorizing the Mayor to sign the annexation petition for Town-owned properties in the La Puerta Del Norte East Annexation area; and authorizing Town staff to de-annex Town-owned properties from the La Puerta Del Norte Mobile Home Subdivision Declaration of Restrictions. Motion passes, 6-yes, 1-nay (Ziegler). A3 Resolution No. 2020-096: Relating to Development; amending the infrastructure improvements plan supporting development impact fees for parks and recreation facilities by revising the projects included in the infrastructure improvements plan and Regular Council Meeting Summary Minutes 09/01/2020 shifting the anticipated development impact fee funding among those projects without changing the amount of the fee or the level of service (Jim Conroy) Parks & Recreation Director Jim Conroy provided an overview of this item stating the Town's Infrastructure Improvement Plan for parks and recreation facilities (the "Parks IIP") identifies the projects and funding levels for parks and recreation facilities that are proposed to be funded with the Town's Parks and Recreation Facilities Development Impact Fee (the "P&R DIF") adopted by Marana Ordinance No. 2014.012 and kept in place by Marana Ordinance No. 2017.029. Council Member Ziegler moved and Council Member Kai second the motion adopting Resolution No. 2020-096 Relating to Development; amending the infrastructure improvements plan supporting development impact fees for parks and recreation facilities by revising the projects included in the infrastructure improvements plan and shifting the anticipated development impact fee funding among those projects without changing the amount of the fee or the level of service. Motion passes unanimously, 7-0. A4 Resolution No. 2020-097: Relating to Capital Improvement Projects; approving and authorizing the Mayor to sign the Second Amendment to Mandarina Mediation Agreement (Jane Fairall) Mr. Cassidy provided an overview to Resolution No. 2020-097 stating staff recommends adopting the resolution and authorizing the Mayor to sign the Second Amendment to Mandarina Mediation Agreement. Chad Rodriquez is attending the meeting in the event Council has questions for him. Council Member Kai moved and Council Member Ziegler second the motion adopting Resolution No. 2020-097. Motion passes unanimously, 7-0. 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) Development Services Director Jason Angell provided an update on public and private projects, and development applications on the Town's Marana Current and Proposed Project internet site. D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta) Mr. Mehta reported on the following legislative and government actions as provided below: Regular Council Meeting Summary Minutes 09/01/2020 FEDERAL ■ There are no new developments at the Federal level at this time. Of the three most recent Executive Orders issued by the President, the Payroll Tax Holiday concept is something that Council will have already received more information on during this meeting. STATE ■ Governor Ducey has not issued any new Executive Orders since July 23, 2020. ■ No Special Session has been identified by the Legislature at this time. BILL TRACKING ■ No bills are being tracked right now. However, of the 4 propositions that we mentioned at our last Council meeting, two of them have made it through being challenged in court and will be on the ballot in November, including: o Prop 207- Smart and Safe AZ (Recreational Marijuana) o Prop 208 -Invest in Education More information on both these propositions to follow in his weekly reports to Council. 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. Mayor Honea asked for a motion to go into an executive session for the reasons stated below. [8:11 PM Minutes:] Council Member Kai moved and Council Member Ziegler second the motion to enter into an executive session as provided in Items E2-E6. Motion passes unanimously, 7-0. [9:03 PM Minutes:] Meeting resumed. 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)(4) for discussion or consultation with the Town's attorneys in order to consider the Town's position and instruct its attorneys regarding the Town's position regarding contemplated litigation to collect unpaid water resource development impact fees from HZ Props RE, Limited Partnership for the Popeyes restaurant constructed at 3814 West River Road in Marana. Mr. Cassidy stated this item relates to Popeye's that the Town request authorization to proceed with the lawsuit. Regular Council Meeting Summary Minutes 09/01/2020 Vice Mayor Post moved and Council Member Kai second the motion authorizing staff to move forward with filing the lawsuit against Popeye's. Motion passes unanimously, 7- 0. E3 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or consultation with the Town's attorneys in order to consider the Town's position and instruct its attorneys regarding the Town's position regarding possible litigation and/or settlement negotiations arising from the Public Water Infrastructure Participation and Water Service Agreement entered into between the Town of Marana,Marana Technology Campus, L.L.C., and Northwest Storage, L.L.C., and recorded in the Pima County Recorder's office on August 14, 2014 at Sequence 20142260255. Mr. Cassidy stated this item is related to the Marana Technology Campus agreement for the 970-foot water line. The Town request authorization to proceed to enforce the agreement as written. Council Member Bowen moved and Council Member Officer second the motion authorizing the Town to proceed with enforcement of the agreement as written. Motion passes unanimously, 7-0. E4 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or consultation with the Town's attorneys in order to consider the Town's position and instruct its attorneys regarding the Town's position regarding possible litigation and/or settlement negotiations to collect unpaid water resource development impact fees from Pulte Home Company, LLC. Mr. Cassidy stated this item is related to the Pulte Home Company negotiation for unpaid water resource development impact fees. The Town request authorization to proceed consistently with the discussion in executive session. Vice Mayor Post, moved and Council Member Ziegler second the motion authorizing the Town to proceed consistently with the discussion in executive session related to this item. E5 Executive session pursuant to A.R.S. § 38-431.03(A)(7) for discussion or consultation with the Town Manager,Town Engineer,and Town Attorney,as designated representatives of the Town, in order to consider the Town's position and instruct its representatives regarding negotiations for the sale or lease of interests in real property located in Ora Mae Ham Park to Southwest Gas Corporation for the installation of natural gas facilities to connect to the El Paso Natural Gas pipeline. Mr. Cassidy stated this item is related to the negotiation with Southwest Gas Corporation regarding the site in Ora Mae Ham Park. The Town request authorization to proceed with negotiations consistent with the discussions in executive session. Regular Council Meeting Summary Minutes 09/01/2020 Council Member Kai moved and Council Member Bowen second the motion authorizing the Town to proceed with negotiations consistent with the discussion in executive session. Motion passes unanimously, 7-0. E6 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion and consultation with and instructions to the Town's attorneys regarding settlement discussions in the pending litigation Betty Sieber v. Town of Marana, Pima County Superior Court Case No. C20202255. Mr. Cassidy stated this item is related to Betty Sieber v. Town of Marana. The Town request authorization to settle for $20,000. Vice Mayor Post, moved and Council Member Kai second the motion authorizing the Town to settle the case with Ms. Sieber for$20,000. Motion passes unanimously, 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). ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Council Member Bowen moved and Vice Mayor Post second the motion to adjourn the meeting. Motion passes unanimously, 7-0. Meeting adjourned at 9:07 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council - 'ng held on September 1, 2020. I further certify that a quorum was present. /_� �✓,, i Cherry L. a son, own Clerk APOSII, MARANA AZ ESTABLISHED 1977 Regular Council Meeting Summary Minutes 09/01/2020