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Home My WebLink About12/01/2020 Amended Regular Council Meeting Summary Minutes MARANA AZ ESTABLISHED 1977 AMENDED NOVEMBER 25, 2020 @ 12:55 p.m. MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 01, 2020, 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 Clerk to call the roll. Mayor Honea (Excused), Vice Mayor Post, Council Members: Jackie Craig, Patti Comerford (Arrived: 6:03 PM), Roxanne Ziegler,John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Vice Mayor Post. APPROVAL OF AGENDA Council Member Kai moved and Council Member Officer second the motion approving the agenda as presented. Motion passes, 5-0. CALL TO THE PUBLIC Vice Mayor Post opened the meeting to receive public comment, and the following individuals provided comments. Regular Council Meeting Summary Minutes 12/01/2020 PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS There were reports by the Vice Mayor and Town Council. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Interim Town Manager Terry Rozema reported on the following events: • Executive Report is delayed, and sent to Council later in the week. • 62 Single-family Residential Permits were issued for the month of November • 851 SFR issued as of November 2020; likely to end the year over 900. • Received news that the Lomer, which the Engineering Department was working towards was approved for the Airport. It becomes effective April 5, 2021. This is good news, as it removes the Airport from the floodplain and assists the Town with economic development in the area of the airport. • There is a bipartisan proposal from the U.S. Senate for a Covid-19 relief bill for approximately $908B. The bill will be presented to the House and the Senate for a vote in the next couple of weeks. PRESENTATIONS CONSENT AGENDA Cl Resolution No. 2020-129: Relating to Development; approving a Preliminary Plat for Tortolita Ridge Lots 1-32 and Common Areas "A" through"C" located approximately .75 miles north of Moore Road on the west side of Tortolita Road. (Cynthia Ross) C2 Approval of the Regular Council Meeting Summary Minutes of November 17, 2020, and the Council Study Session Meeting Summary Minutes of November 10, 2020, and the Council Study Session Meeting Summary Minutes of October 13, 2020 (Cherry L. Lawson). Council Member Ziegler moved and Council Member Officer second the motion approving the Consent Agenda. Motion passes, 6-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Ordinance No. 2020.020: Relating to Utilities; amending Marana Town Code Title 14 (Utilities), Chapter 14-4 (Construction and Financing of Utility Facilities) to modify sections 14-4-3 (Capacity requirements), 14-4-4 (Refund of cost of facilities funded and Regular Council Meeting Summary Minutes 12/01/2020 installed by town),and 14-4-5 (Notice of protected facility and associated charge)to make the protected facility designation and protected facility charge available for drainage facilities (Jane Fairall) Town Attorney Jane Fairall provided an overview of this item stating the Town Code currently allows only water and wastewater facilities designated as,"Protected Facilities" with an associated "protected facility charge" payable by other benefitting property owners. This proposed agenda item would add drainage facilities to the type of facilities that can be designated as a "protected facility." This item is being brought forward because of the Council's discussion at the November 10 Council Study Session on the proposed Mandarina Development Agreement deal points. A relatively simple Town Code revision is required to add drainage facilities to the list of potential protected facilities. Under the proposed provision, the Town Engineer will be responsible for the designation of protected water and wastewater facilities. The process for making the designation and determining and giving notice of the associated protected facility charge are the same for drainage facilities as for water and wastewater facilities. This item is a precursor to the next item on the agenda. Council Member Kai inquired about the drainage facility asking whether there is a particular area that property owners in that area are responsible,or is it a drainage facility that everyone would pay for. Ms. Fairall replied stating the drainage facility would be one that the Town Engineer is requiring the developer to install it onsite or off-site at a size that is greater than the sizing required. Council Member Kai asked whether others would be under that influence when no drainage is being released into the facility. He asked whether others who are neighboring the property site, or those who are 10 miles away,would those developers be responsible or not. Ms. Fairall replied stating it would depend on the outcome of the studies;however,deferred to Frank Cassidy,former Town Attorney and Consultant to the Town. Mr. Cassidy stated Ms. Fairall is correct in her explanation. Part of the drainage study would determine who would end up paying the fee. Like all protected facilities, the way to get out of paying a protected facilities fee is to build some other type of facility. Vice Mayor Post inquired as to the repayment of the facility stating the Town is paying back Mandarina the portion above what they need of the drainage facility. He asked whether the cost would be calculated so that others may use the facility. Mr. Cassidy replied stating for the most expensive one,they only used 25% of the capacity. Therefore, 75% is available to others. That 75% capacity is divided out. Since the Town in unaware of the upstream development in that area, and whether it will create additional drainage issues, the charge is based upon the quantity of flow in that facility. Council Member Ziegler moved and Council Member Officer second the motion adopting Ordinance No. 2020.020. Motion passes, 6-0. Regular Council Meeting Summary Minutes 12/01/2020 A2 Resolution No. 2020-130: Relating to Development;approving and authorizing the Mayor to sign the Mandarina Development Agreement for development north and northwest of the Interstate 10 and Tangerine Road traffic interchange; and authorizing the Town Engineer to sign a quit claim deed of abandonment for unneeded right-of-way in Mandarina (Jane Fairall) Ms. Fairall provided an overview of the Mandarina Development Agreement and the key deal points discussed during the November 10, Council Study Session, and stated Frank Cassidy, former Town Attorney would provide the overview of the item if Council desires. Council Member Kai moved and Council Member Comerford second the motion adopting Resolution No. 2020-130. Motion passes, 6-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 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 (Terry Rozema) 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 (Terry Rozema) 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). [6:24 PM Minutes:] Vice Mayor Post asked for a motion to go into an executive session for the purpose stated in Item E2. Council Member Ziegler moved and Council Member Kai second the motion to enter into an executive session for the purpose stated in Item E2. Motion passes, 6-0. E2 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. Regular Council Meeting Summary Minutes 12/01/2020 [6:45 PM Minutes:] Regular Council Meeting resumed. Vice Mayor Post asked for a motion on Item E2. Ms. Fairall stated the Town needs a motion to direct staff to continue negotiations with Southwest Gas as discussed in Executive Session. Council Member Comerford moved and Council Member Ziegler second the motion directing Town Staff to continue negotiations with Southwest Gas as discussed in Executive Session. Motion passes, 6-0. 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 Vice Mayor Post asked for a motion to adjourn the meeting. Council Member Kai moved and Council Member Officer second the motion to adjourn the meeting. Motion passes, 6-0. Meeting adjourned at 6:46 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 01, 2020. I further certify that a quorum was present. 4101, ova Cherry L. awson, Town Clerk 161 4, MARANA AZ ESTABLISHED 1977 Regular Council Meeting Summary Minutes 12/01/2020