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Home My WebLink About02-06-2024 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, February 6, 2024, 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 6:01 PM and directed the Town Clerk to call the roll. Council Member Comerford was absent. All other 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 Kai moved approve the agenda as presented. Council Member Ziegler seconded the motion. Motion passed, 6-0. Re gular lar Council MeetingSummaryMinutes � February 6,2024 Page 1 of 7 CALL TO THE PUBLIC Linda Shepherd,Sandy McElhannon,Betty Thornton,and Gerald Peters addressed the Council expressing concern that a Tucson Electric Power (11,P) substation was being planned near their homes. General concerns consisted of health and safety risks, the substation's proximity to their neighborhood,noise impacts,property values,and lack of notice. Council Member Zigler requested information from Town staff regarding this. Town Manager Terry Rozema said staff were aware of the concerns and said a pre- application meeting had been held with TEP the week prior. He explained that Town staff had been in communication with Ms. Shepherd. He said no rezoning application was currently pending before the Town, and that the project is currently speculative. He said that there has been nothing put forward yet that would trigger the Town's responsibility to send out notification regarding the project and briefly explained the process required for a rezone.He said notifications would go out if and when TEP decides to move forward. PROCLAMATIONS PR1 Proclamation Recognizing American Heart Month (David L. Udall) Town Clerk/ Assistant Town Attorney David Udall read the proclamation as Mayor Honea presented it to its recipient. PR2 Proclamation Recognizing February 1, 2024 as Optimist Day (David L. Udall) Mr. Udall read the proclamation as Mayor Honea presented it to its recipient. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea said he attended an event at Northwest Fire District that involved dedicating a monument to its previous fire chief, Jeff Piechura. He also attended the promotion ceremony for Marana Police Chief Jeff Pridgett. He said House Bill 2750 and Senate Bill 1112 were similar bills to last year's that tried to remove zoning authority from municipalities. He said these bills would hurt the Marana community. He also provided an update regarding RTA Next. Regular Council Meeting Summary Minutes February 6,2024 Page 2 of 7 Council Member Ziegler commented that if Tucson intends to pull out of the RTA, that the other RTA jurisdictions should let it do so and continue on without the City. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Rozema said the Town issued 118 single-family residential permits in January. Last January, there were 27 total permits issued. He said the Marana Community Center and Aquatic Center is going vertical and provided a brief update on its construction. He said the Senior Center has added its 500th member. Mr. Rozema also highlighted the upcoming Marana Citizens Water Academy taking place on February 27 and 28 and the Marana Food Bank and Community Resource Center ribbon cutting taking place on February 12 from 4:00 PM until 6:00 PM. He also reminded the Council of the upcoming Council Retreat coming up on February 14 - 16. PRESENTATIONS CONSENT AGENDA Cl Ordinance No. 2024.006: Relating to Development; approving a modification to Ordinance No.99.02 which requires developers of land within the lower Santa Cruz River Levee Benefit Area to enter into a development agreement with the Town for payment of the Lower Santa Cruz River Levee Fee to remove the requirement for a development agreement (Jane Fairall) C2 Resolution No. 2024-011: Relating to Development; approving a final plat for Gladden Farms, Blocks 43A and 43B, located northwest of the W Tangerine Road and W Clark Farms Boulevard intersection (Scott Radden) C3 Resolution No. 2024-012: Relating to Real Estate; approving and authorizing the Mayor to execute the Right of Way Easement in favor of Tucson Electric Power Company, to provide power service to Southwest Gas Corporation's new natural gas tap site, over Ora Mae Ham District Park property (George Cardieri) C4 Approval of Regular Council Meeting Summary Minutes of January 16, 2024 (David L. Udall) Vice Mayor Post moved to approve the consent agenda. Council Member Kai seconded the motion. Motion passed, 6-0. Regular Council Meeting Summary Minutes February 6,2024 Page 3 of 7 LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Resolution No. 2024-013: Relating to Utilities; approving and authorizing the Mayor to execute Agreements for Construction of Drainage Facilities under Private Contract between the Town and Mandarina Holdings, LLC (Jane Fairall) [Council Member Kai declared a conflict of interest and recused himself from the dais at 6:34 PM.] Mr. Udall presented on this item. Mr. Udall said that this item involved the approval of protected facility agreements for the Mandarina Detention Basin, the Mandarina North Channel, and the Mandarina Regional Channel. A copy of the map depicting the protected facilities is on file with the Town Clerk's Office. He explained that each of the drainage facilities was oversized to include additional capacity over and above what was necessary for the Mandarina development. To ensure fair-share reimbursement by property owners who use and benefit from the additional capacity provided by the facilities, the agreements establish oversizing recovery charges that will be assessed to potentially affected properties if and to the extent these properties use the drainage facilities as determined by a drainage report approved by the Town Engineer. Mr. Udall said that the required 30-day notice had been provided to potentially affected property owners. Two individuals that had received the notices (David Rogers and Eden Bayman) were present at the Council meeting and wished to be heard. Mr. Rogers asked how the fees were calculated. Mr. Udall said the calculation depended on the facility. For example, he explained that the detention basin calculation was based on a per-acre-foot basis of storage capacity and that the Mandarina Detention Basin oversizing recovery charge was approximately $33,000.00 per acre foot of storage utilizing the basin.Mr.Rogers asked if that would be determined at the time of a drainage report submittal, and Mr. Udall confirmed that was the case. Mr. Rodgers asked if the protected facilities impacted the flood area. Public Works Director Fausto Burruel said that the floodplain was not impacted by the protected facilities and that there still would be some floodplain in this area during a 100-year event. Regarding Mr. Roger's specific site,he said there would need to be additional analysis to see if there was floodplain involved. He said that the benefit provided by the protected Regular Council Meeting Summary Minutes February 6,2024 Page 4 of 7 facilities was that it could, for example, add additional developable land due to there potentially not being a need for on-site detention if he elects to connect to the protected facilities. Mr. Bayman asked if connecting to the protected facilities was mandatory. Vice Mayor Post confirmed that it was not. Council Member Ziegler moved to adopt Resolution No. 2024-013. Vice Mayor Post seconded the motion. Motion passed, 5-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION [Council Member Kai returned to the dais at 6:41 PM.] D1 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Towri 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://maranaegov.com/portal/apps/experiencebuilder/experience/?draft=true&id =dae15ad306f b4a3f ba65ee3babc21 d54&page=Page&views=W ater-Management. 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. Rozema provided an update on legislative activities in the State. He said there are currently a total of 830 House bills and 781 Senate bills, and he highlighted and provided an update on the following bills: • HB 2750 and SB 1112 are identical bills that Mayor Honea addressed during his report at this meeting. The Town is opposing this bill. Regular Council Meeting Summary Minutes February 6,2024 Page 5 of 7 • HB 2297: Would allow for commercial buildings to be converted to residential use without going through the rezoning process. The Town is opposing this bill. • HB 2309: This bill would render government property excise taxes (GPLETS) useless to municipalities trying to attract economic development. The Town is opposing this bill. • SB 1205 and HB 2489 (nearly identical bills): Gives the Town more authority over short-term rentals. The Town is supporting this bill. • SB 1361: Gives municipalities and the Arizona Department of Health Services essential tools to make informed decisions and provide greater authority to ensure facilities are secure, well run, etc. Among other things, the bill institutes transparent licensure standards and penalties for violations. The Town is supporting this bill. Mr. Rozema answered clarifying questions during his presentation. 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 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 Regular Council Meeting Summary Minutes February 6,2024 Page 6 of 7 Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Council Member Officer seconded the motion. After the motion was seconded, but before it was voted on, Gerald Peters rose and addressed the Council regarding the floodplain. Mr. Rozema said staff could assist him after the meeting. Mayor Honea called for a vote on the motion to adjourn. Motion to adjourn passed, 6-0. Meeting adjourned at 6:58 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the regular Town Council meeting held on February 6, 2024. I further certify that a quorum was present. David L. Udall, Town Clerk h146, MARANA AZ ESTABLISHED 1977 Regular Council Meeting Summary Minutes February 6,2024 Page 7 of 7