Loading...
HomeMy WebLinkAbout05-02-2023 Regular Council Meeting Summary Minutes P46. MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 2, 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 Council Member Kai moved to approve the agenda as presented. Vice Mayor Post seconded the motion. Motion passed, 7-0. CALL TO THE PUBLIC Mr. Donald Bristow addressed the Council and expressed concerns related to the LIV Golf event, particularly regarding parking and traffic. Regular Council Meeting Summary Minutes May 2,2023 Page 1 of 9 PROCLAMATIONS PR1 Proclamation recognizing May 2023, as Building Safety Month (David L. Udall) Town Clerk/Assistant Town Attorney David Udall said the proclamation would be delivered to its recipient. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler reported on her recent tour of the Marana Regional Airport. Mayor Honea reported on his, Council Member Comerford's, and Council Member Officer's attendance at the Arizona Association for Economic Development (AAED) conference. He also reported on his recent experience at the Airport and regarding what he learned while flying over Marana. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Deputy Town Manager Erik Montague said the Town issued 67 single-family residential permits for the month of April. Last April, there were 81 total permits issued. He said the Town is gearing up for the upcoming swimming season. He highlighted the Camping Under the Stars and Movies in the Park events, the Town's senior program, and the upcoming Star Spangled Spectacular signature event. Mr. Montague reported that a special Regional Transportation Authority (RTA) Next meeting has been scheduled for Thursday, May 4, 2023 to go over the listing of recommended projects. PRESENTATIONS CONSENT AGENDA Cl Resolution No. 2023-037: Relating to Development; approving and authorizing the Town Manager to execute the agreement regarding reimbursement of impact fees for Rancho Marana 154 by and among the Town of Marana, Meritage Homes of Arizona, Inc., and SREP Marana Retail Associates II LLC (Jane Fairall) C2 Resolution No. 2023-038: Relating to the Marana Regional Airport;approving and authorizing the Mayor to sign a Land/Facility Use Agreement between the Town of Marana and the Arizona Department of Forestry and Fire Management for use of the Airport as an air tanker base for fire suppression activities during fire season (David L. Udall) Regular Council Meeting Summary Minutes May 2,2023 Page 2 of 9 C3 Approval of Special Council Meeting Summary Minutes of April 12, 2023 and of Regular Council Meeting Summary Minutes of April 18, 2023 (David L. Udall) Council Member Kai moved to approve the consent agenda. Vice Mayor Post seconded the motion. Motion passed, 7-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Resolution No. 2023-039: Relating to Community and Neighborhood Services; approving and adopting the Town of Marana Five-Year Consolidated Plan for 2023-2027, including the 2023 Annual Action Plan, and the Town of Marana Assessment to Fair Housing Report for the Town of Marana Community Development Block Grant (CDBG) Program, and authorizing the Town Manager to transmit these planning documents to the United States Department of Housing and Urban Development (HUD) (Lisa Shafer) Mayor Honea opened the public hearing at 6:18 PM. Community & Neighborhood Services Director Lisa Shafer and Mr. Kevin Koegel, Research Manager with Crescendo Consulting Group presented on this item. A copy of the presentation slides it on file with the Town Clerk's Office. Ms. Shafer provided a brief overview of what has been done over the last 11 months and provided an overview of the project going forward. Mr. Koegel presented on the process and steps that have been taken thus far, listed the top identified needs, and highlighted the strategic plan goals and the fair housing priorities and goals. Please see the presentation slides for details and graphical information. Ms. Shafer then presented on Marana's growth, the anticipated funds for Program Year 2023 ($208,691) and how those funds would be allocated, some of the planned projects, and next steps. Please see the presentation slides for details and graphical information. Council Member Craig complemented Ms. Shafer and the consultants for the amount of survey results received. She asked how fungible the money allocated for home repairs Regular Council Meeting Summary Minutes May 2,2023 Page 3 of 9 was and if it could all be spent. Ms. Shafer said there should not be an issue expending all of those funds. She said there is also a little room to roll some of the funding over. Council Member Ziegler asked about how the outreach to the community would work for these programs.Ms. Shafer explained some of the outreach efforts online and at Town events, and highlighted that Code Enforcement officials often provide word-of-mouth outreach regarding the programs as they are out in the community. Council Member Ziegler expressed concern that the outreach efforts would be insufficient and asked if the Town could utilize the media or signs for outreach purposes. Ms. Shafer explained that the Town would need to find more opportunities to promote the program now that it it has more funding to do so. She also explained additional outreach that would be taking place, including through social media. Mayor Honea expressed concern that online outreach would likely be ineffective in some parts of Marana. Council Member Ziegler recommended that signs be put up as part of the Town's outreach efforts. Ms. Shafer said Town staff would look into options. Mayor Honea closed the public hearing at 6:41 PM. Council Member Kai moved to adopt Resolution No.2023-039. Vice Mayor Post seconded the motion. Motion passed, 7-0. Mayor Honea complemented the presentation. A2 Ordinance No.2023.013: Relating to Finance;retroactively waiving all water meter monthly base rate and wastewater monthly service fees required under Section 14-6-1 of the Marana Town Code, along with any associated fees, for all Marana water and wastewater customers that have been included on the Water Department's vacation disconnect list beyond the six-month vacation disconnect period from the time these customers exceeded the six-month vacation disconnect period up until May 2, 2023 (Jing Luo) Water Director Jing Luo presented on this item. Dr. Luo explained that the Water Department recently discovered through the implementation of its new billing system that some water and wastewater accounts included on the Town's vacation disconnect list that had exceeded the allowable six-month vacation disconnect period. During this period, customers are not assessed base-rate fees for water and wastewater services. Dr. Luo said this item involves a request for Council to retroactively waive the base-rate fees for those that have been on vacation disconnect status from the time they exceeded Regular Council Meeting Summary Minutes May 2,2023 Page 4 of 9 the allowable vacation disconnect period until May 2, 2023. The financial impact related to the waiver would be approximately 846,410.00. She said Town staff would evaluate the merits of the vacation disconnect program going forward and would bring any changes before the Town Council. Council Member Craig asked why the Town should waive the fees. Dr. Luo said that quite a bit of time had passed for at least one of the accounts (which had been on the list since 2006), and said the problem involved oversight on the Town's part. She explained the new automated system would prevent this from occurring going forward. Mayor Honea recommended the Town do away with the vacation disconnect program and highlighted that other water providers in the Town do not have such a program. Vice Mayor Post moved to adopt Ordinance No. 2023.013. Council Member Kai seconded the motion. Motion passed, 7-0. A3 Resolution No. 2023-040: Relating to the Marana Regional Airport;approving and authorizing the Mayor to sign the Pima Aviation, Inc. Office Space Lease Agreement, Marana Regional Airport Storage Room Lease Agreement, and Marana Regional Airport Hangar and Shadeport Lease Agreement between the Town of Marana and Pima Aviation, Inc. for the use of Building No. 86 as office space, Building 201 Storage A for storage purposes, and Building 201 No. 1 for storage purposes, respectively (David L. Udall) Mayor Honea explained that the Town has been leasing the office space it has been using at the Airport based on an informal, unwritten agreement. He said this item involved putting the agreement in writing. Council Member Ziegler asked how long the unwritten agreement had existed. Mayor Honea said he did not know. Mr. Udall said he did not know, and explained that Town staff had approached Pima Aviation in the fall requesting a list of their lease agreements. Town staff subsequently received the proposed lease agreements from them. Council Member Ziegler expressed her displeasure at unwritten agreements and said that was part of why she was investigating the airport. She asked if the rental rates in the agreements were the rates the Town had been paying in the past or if the rates were raised by the proposed agreements. Mr. Udall said it was his understanding that the rates in the proposed agreements were the same rates the Town was currently paying. He said the rates were raised within the last few months or so and that the rates in the proposed agreements reflect the rates Regular Council Meeting Summary Minutes May 2,2023 Page 5 of 9 currently paid without the agreements in place. Public Works Director Fausto Burruel confirmed that Pima Aviation increased their rates across the board in all of their leases. Council Member Ziegler asked if this rate increase was related to the rate increase that came before Council a couple of years ago. Town Attorney Jane Fairall explained that involved a different issue where the Town was the lessor of airport property and Pima Aviation was the lessee. Council Member Ziegler expressed concern with the clause in the proposed office space agreement that rent could be increased at the discretion of the lessor with 30-days prior written notice. Mr. Udall explained the proposed agreements involved month-to-month arrangements he believed were standard for Pima Aviation leases. He said the Town could terminate the agreement upon 30-days notice under the agreements' terms and that these lease arrangements provided flexibility to both parties.He added that if the Council desired, Town staff could approach Pima Aviation to see if they would be willing to negotiate on the month-to-month arrangement. Council Member Ziegler requested a cap on the rent. Mr.Montague said the agreements before the Council tonight are the result of good-faith negotiations with Pima Aviation and that the rents under the informal, unwritten arrangement have been consistent since the mid-2000s. He explained that the Town's leasing relationship with Pima Aviation has been good over the years. Council Member Ziegler expressed displeasure regarding the rent terms in the proposed agreements. Mr. Burruel highlighted the flexibility this type of arrangement offers and emphasized that the Town currently does not have any agreements in place.He said these agreements would establish that formal relationship and provide opportunities to evaluate and reassess along the way. Council Member Ziegler expressed displeasure regarding unwritten,verbal agreements and clarified that it was good for the Town to bring these leases forward. She said that her concern was related to mitigating risk and that there should be a longer lease term within the leases. Mr. Montague said that right now, the Town was at the greatest risk without any agreements in place. Council Member Ziegler expressed concern with the attorney fees clause in the agreements and asked what a "reasonable sum" was and how it was determined. Mr. Udall explained that the clause applied to both parties was intended to avoid or dis- incentivize litigation. He said that if the parties did litigate, there would be a risk under this clause that the losing party would have to pay the other side's attorney's fees. He further explained that the amount would be determined by a judge at that point. Regular Council Meeting Summary Minutes May 2,2023 Page 6 of 9 Council Member Ziegler asked why the term "reasonable sum" was written into the agreement if the sum was to be determined by a judge. Mr. Udall explained that "reasonable sum" is what lawyers and judges recognize as something determined in the course of litigation by a judge. He said that attorney's fees come into play in the litigation context,and that judges determine what is just and reasonable when awarding attorney's fees. Council Member Ziegler said that under such a clause, the Town would have to go to court. Mr. Udall explained that the purpose of the clause was to dissuade parties from wanting to go to court. Ms. Fairall clarified that the only way there would be attorney's fees would be if an action was filed in court. Council Member Ziegler reaffirmed her concerns related to the month-to-month arrangement and the lessor's discretion in raising rent. Mr. Udall clarified that the structures the Town is renting at the Airport are the property of Pima Aviation and are not part of the Town's Airport property, and that the Town is asking Pima Aviation for its permission to use its property. Vice Mayor Post engaged in dialogue with Council Member Ziegler regarding the utilization of Town staff to address concerns before the meeting. Mayor Honea said the proposed leases are the same leases others renting from Pima Aviation receive. He said Pima Aviation owns the lease interest involved and that they currently could throw the Town out tomorrow and there would be nothing the Town could do about it. He said the proposed leases involved a minimal amount of money and was ready to move forward. Council Member Ziegler engaged in dialogue with Mayor Honea regarding the ownership of property at the Airport. Mayor Honea complemented Airport staff for their efforts in identifying and addressing problems at the Airport. Council Member Comerford moved to adopt Resolution No. 2023-040. Vice Mayor Post seconded the motion. Motion passed, 6-1, with Council Member Ziegler voting Nay. ITEMS FOR DISCUSSION/POSSIBLE ACTION Regular Council Meeting Summary Minutes May 2,2023 Page 7 of 9 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 in the Town, as currently listed on the following website: https://experience.arcgis.com/experience/9bcdal 79c412496a8be2a5af29727745/. During the presentation, Mr. Angell answered questions about the various projects. D2 Relating to Legislation and Government Actions; discussion and possible action or direction regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Terry Rozema) Mr. Montague said not much has happed with the Legislature having been adjourned. He said the Legislature was scheduled to be back in session on May 3, 2023. D3 Relating to Budget; discussion, direction, and possible action regarding development of the fiscal year 2023/2024 budget, including proposed budget initiatives and expenditures (Terry Rozema) Mr. Montague explained that Town staff has incorporated Council's feedback into the tentative budget, which will be coming before the Council later in May. 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). 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 Regular Council Meeting Summary Minutes May 2,2023 Page 8 of 9 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 Comerford requested to make a comment and thanked Mr. Burruel and Town staff at the airport for finding that there were no leases in place and working to address the issue. 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 7:36 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the regular Town Council meeting held on May 2, 2023. I further certify that a quorum was present. David L. Udall, Town Clerk MARANA AZ ESTABLISHED 1977 Regular Council Meeting Summary Minutes May 2,2023 Page 9 of 9