Loading...
HomeMy WebLinkAbout03/17/2020 Regular Council Meeting Summary MinutesMARANA AZ ESTABLISHED 1977 AMENDED 03/16/2020 AT 5:40 P.M. MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Conference Center Second Floor March 17, 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 7:00 PM and directed the Clerk to call the roll. Vice Mayor Jon Post, Council Members Dave Bowen, Patti Comerford, Herb Kai (Excused), Roxanne Ziegler and John Officer were present. There was a quorum of council members present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Ziegler moved and Vice Mayor Post second the motion approving the agenda as presented. Motion passes, 6-0. CALL TO THE PUBLIC Regular Council Meeting Summary Minutes 03/17/2020 Mayor Honea open the meeting to receive public comment. There were no comments offered by the public. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported on the complexities of the past week stating he had made 50 or more phone calls this day as he spoke with various mayors across the state. When the City of Tucson issued a proclamation that included shutting down all bars and restaurants, fitness clubs and alike. None of the other communities in Pima County was consulted at all with Tucson mayor's proclamation. That bothered him greatly. Marana put forth a proclamation declaring a State of Emergency this day that provides him additional authority. Marana will take a softer approach by asking everyone to be careful and practice social distancing. Marana is a service type community in Arizona, most of the Tucson area especially. He expressed concern with putting people out of work by shutting down businesses. That is not to say that the Governor or someone in a higher authority position will supersede the Mayor and Council, and move to shut everything down. As of now, they have not move to do so. This is a fluid and scary situation. Ms. Fairall commented on the administrative leave of Town staff. Federal programs will put funding into cities and towns to cover for those expenses of paying employees while they remain home due to this pandemic. We want to take care of our employees and people in our community. Although he has some rights under the proclamation, he assured Council that he would not take any actions without speaking with Council first. He complimented Town staff stating all are doing a phenomenal job, and we will all get through this. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Jamsheed Mehta reported on the activities of the Town stating every city and town in the area has issued a Declaration of Emergency. With respect to Mayor Honea declaration, Sahuarita, Oro Valley and Town of Marana declared similar Declarations of Emergency to each other. Most of the points are advisory as oppose to regulatory in nature at this time. Marana has had widespread cancelations of events and the Town has notified Council as well as the public, information on the town website as well as through social media platforms. Marana Public Schools are closed at this time for a couple of weeks, though the first week was for spring break, and now has been extended. Town staff have not been adversely impacted by the school closure. Regular Council Meeting Summary Minutes 03/17/2020 2 Regarding Town employees, a telecommuting policy has been implemented for all employees to allow employees to telecommute from home while having essential staff to remain and be available for day-to-day operations. Police and critical infrastructure there is much activity that continues on a daily basis. There is a lot of building activity that is occurring in the community as we have our building review team; much of Marana's regulatory work continues. To facilitate those employees who cannot telecommute at this time, but have school -aged children and not been able to arrange daycare, Marana's Parks & Recreation staff has quickly organized a day camp for Marana employees. This day camp will consist of smaller groups of children four to five to one staff ratio. The children will be able to use the parks and Community Center during their stay at camp. If employees are sick or appear to be sick according to our policy or a household member is sick, the employee should remain at home and will be considered sick. For all others that are telecommuting at work, but from home the town has requested they practice social distancing as well. With a reduction of staff telecommuting, the Town has approximately one-third of its employees (133 employees). With 1/3 less of employees in the office, there is less density and opportunity for social interaction, and do not need to impose the six foot rule, as employees have taken that upon themselves. This may become the new normal for a while, as it is possible that the 133 will increase or decrease depending upon workload. Parks and Recreation has seen an increase in activity in the parks, and they have started full sanitizing of park play equipment. This has never been done at any park, and park staff will do continue sanitizing three times daily. PRESENTATIONS P1 Presentation: Relating to Finance; presentation, discussion and possible direction on proposed changes to the Town of Marana comprehensive fee schedule and other various rate and fee adjustments (Yiannis Kalaitzidis) Finance Director Yiannis Kalaitzidis provided a PowerPoint Presentation overview on the proposed changes to the Town of Marana Comprehensive Fee Schedule and other various rate and fee adjustments. (A copy of the presentation is on file in the Tozvn Clerk's Office for viewing.) Below are highlights of the presentation. Background & FY 2021 Goals • First comprehensive schedule in 2009 • Commitment to maintaining the schedule ® Goals in Comprehensive Fee Schedule update o Standardize fees across departments o Ensure fees are fair, equitable and reflect the value of service provided to customers Regular Council Meeting Summary Minutes 03/17/2020 3 o Eliminate errors, inconsistencies and unused items within the existing Comprehensive Fee Schedule o Identify opportunities to streamline, consolidate and modernize to encourage/ facilitate development FY 2021 Change Summary Total of 37 Requested Changes for FY 2021 Update o Added Fees: 9 o Eliminated Fees: 1 o Total Modification to Existing Fees: 27 ■ Modifications:1 ■ Clarifications:2 ■ Increases:24 ■ Decreases:0 FY 2020-2021 Timeline Notice of intent to consider changes posted at least 60 days prior to meeting (ARS §9-499.15) Outreach to possible stakeholders AIRPORT: PROPOSED CHANGES Proposed Fee Additions: Fuel flowage fee - Self-Fueler based Aircraft tenant Payment Late Fee SASO - Aircraft management of aircraft Aircraft based on multiple takeoff weights Airship Parking Daily/Monthly Proposed Fee Eliminations: Late Fee - Monthly Open Tie -down Proposed Fee Increase: Airship Parking Daily Fuel Flowage Fees (Aviation Gas, Jet A, FBO or SASO) Airport Access ID Card New Aircraft Parking by Weight (Daily/ Monthly) Airport Aeronautical Use Fee Commer- cial Photography Airport Non -Aeronautical Use Fee Commercial filming POLICE DEPARTMENT: PROPOSED CHANGES Proposed Fee Additions: Facility Use Marana PD Community Room; Security deposit PARKS AND RECREATION: PROPOSED CHANGES Proposed Fee Increase: Park Rental Bundle Regular Council Meeting Summary Minutes 03/17/2020 DEVELOPMENT SERVICES: PROPOSED CHANGES Proposed Fee Modifications: Permanent Sign Review Fee Proposed Fee Clarifications: Photovoltaic System for Water/Pool Heater; Residential Photovoltaic System for Water/Pool Heater; Commercial CONSENT AGENDA C1 Resolution No. 2020-027: Relating to Development; accepting Midfield Road Station 27+50 to 36+56.77 for maintenance (Keith Brann) C2 Resolution No. 2020-028: Relating to Administration; approving and authorizing the Finance Director to execute an Inmate Work Contract between the Town of Marana, the Arizona Department of Corrections and the Management & Training Corporation for inmate labor services (Libby Shelton) C3 Approval of the March 3, 2020 Regular Council Meeting Summary and the February 25, 2020 Council Special Meeting Summary Minutes (Cherry L. Lawson) Vice Mayor Post, moved and Council Member Bowen second the motion approving the Consent Agenda. Motion passes, 6-0. LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #012 Restaurant liquor license application submitted by Kevin Arnold Kramber on behalf of Boston's The Gourmet Pizza located at 5825 W. Arizona Pavilions Drive Marana, Arizona 85653 (Cherry L. Lawson) Town Clerk Cherry Lawson provided an overview of the application submitted by Kevin Arnold Kramber on behalf of Boston's The Gourmet Pizza located at 5825 W. Arizona Pavilions Drive, Marana, Arizona 85653. Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Council Member Ziegler moved and Vice Mayor Post second the motion approving Option 1 adopting and submitting to the DLLC an order recommending approval of a new series #012 Restaurant Liquor License application submitted by Kevin Arnold Kramber on behalf of Boston's The Gourmet Pizza located at 5825 W. Arizona Pavilions Drive, Marana, Arizona 85653. Motion passes, 6-0. BOARDS, COMMISSIONS AND COMMITTEES Regular Council Meeting Summary Minutes 03/17/2020 5 COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2020.005: Relating to Development; amending Marana Ordinance No. 2017.008, which approved the rezoning of approximately 34 acres of land located east of Twin Peaks Road and north of the Lambert Lane alignment, by revising the conceptual development plan and increasing the maximum number of lots from 59 to 62 (Brian D. Varney) [6:15 PM Minutes:] Mayor Honea open the public hearing to receive testimony. Senior Planner Brian Varney provided a PowerPoint Presentation overview of the Marana Ordinance No. 2017.008, which approved the rezoning of approximately 34 acres of land located east of Twin Peaks Road and north of the Lambert Lane alignment, by revising the conceptual development plan and increasing the maximum number of lots from 59 to 62. (A copy of the presentation is on file in the Town Clerk's Office for viewing.) Below is an overview of the presentation. Summary / History • Request for approval to amend Ordinance No. 2017.008 • Ordinance No. 2017.008 adopted by Town Council on April 4, 2017 changed zoning of 34 acres from R-144 to R-6 • Twin Peaks and Lambert Lane rezoning approved up to 59 lots for SFR development • Administrative approval for minor revisions to Conceptual Development Plan approved by Development Services Director on January 11, 2018 • Current request to reconfigure the lot layout to locate lots outside of the erosion hazard setbacks and increase the lot yield from 59 lots to 62 lots Summary of Request • Amend the conceptual land use plan to remove the affected lots from within the boundaries of the erosion hazard setbacks and bring project into compliance with floodplain regulations • Increase the lot yield from 59 lots to 62 lots Emergency access proposed to be moved from Lambert Lane to Twin Peaks Road (subject to approval by Golden Ranch Fire District) Planning Commission heard request on January 26, 2020, and recommended approval by vote of 5-0 Recommendation: Staff recommends approval of PCM2002-001, amendment of Ordinance No. 2017.008 Twin Peaks and Lambert Lane rezoning, subject to the recommended conditions Regular Council Meeting Summary Minutes 03/17/2020 [6:21 PM Minutes:] Mayor Honea closed the public hearing to testimony. Vice Mayor Post, moved and Council Member Ziegler second the motion approving Ordinance No. 2020.005. Motion passes unanimously, 7-0. A2 Ordinance No. 2020.006: Relating to Utilities; temporarily suspending enforcement of Marana Town Code section 14-5-4 (Nonpayment of delinquent bill; filing of lien; interest) as it relates to disconnecting utility service for non-payment; and declaring an emergency (David L. Udall) Deputy Town Attorney Jane Fairall provided an overview of the item stating essentially it would suspend enforcement of Marana Town Code section 14-5-4 (Nonpayment of delinquent bill; filing of lien; interest) as it relates to disconnecting of utility service for non-payment. However, the obligation to pay still remains — Marana would not be doing disconnects at this time. This ordinance does have a sunset date of April 30, 2020 unless the Council choses to extend or rescind that date. Mayor Honea stated many of the utility companies are suspending shut -offs during these trying times. Council Member Ziegler moved and Vice Mayor Post second the motion Ordinance No. 2020.006. Motion passes by roll call vote: Mayor Honea, Vice Mayor Post, Council Members Bowen, Comerford, Office and Ziegler; 6-0. A3 Resolution No. 2020-016: Relating to Utilities; approving and authorizing the Mayor to sign a Transfer Agreement, selling the Marana Water Department's Falstaff well and related water system and assets to the DeAnza Domestic Water Improvement District (Frank Cassidy) Town Attorney Frank Cassidy provided a brief overview of the Transfer Agreement, selling the Marana Water Department's Falstaff well and related water system and assets to the DeAnza Domestic Water Improvement District stating the item appeared before Council on February 18, 2020. A question was raised by Council inquiring what occurs should the buyer sues the Town after it has indicated within the agreement that they are purchasing it with fluorinated compounds and 1,4 -Dioxane. It is being purchased as is. The agreement had already contain the as is within it; however, after receiving feedback from Council, the Town amended the agreement. The amendment is located in paragraph 7.1 under Miscellaneous, first section a provision was added stating they are purchasing as is and are aware of the water quality issues, and that they cannot sue Marana for it. Regular Council Meeting Summary Minutes 03/17/2020 7 He stated during the February 18, 2020 Council Meeting, there was concerns expressed over not having a Hold Harmless clause in the agreement. The trouble with that is it would give them more liability than what Marana has. A Hold Harmless would require DeAnza to step into the middle of a third party lawsuit; he does not believe they would be willing to do that, as they nor Marana are responsible for the water quality issues that exist there. Vice Mayor Post, moved and Council Member Officer second the motion approving Resolution No. 2020-016. Motion passes, 6-0. A4 Resolution No. 2020-029: Relating to Personnel; approving a temporary personnel policy regarding employee leave and telecommuting (Jane Fairall) Ms. Fairall provided an overview of the temporary personnel policy regarding employee leave and telecommuting that Deputy Town Manager Erik Montague previewed during the Friday, March 13, 2020 Special Council Meeting, and Mr. Mehta mentioned it during his comments earlier in the meeting. She noted an organizational error in the policy that was in the Council packet. The error is located on page 2, paragraph C, subparagraphs 1 and 2—those should not be subparagraphs, but rather paragraphs D and E. The revisions were made and she will ensure the Town Clerk has a copy of the corrected version. This policy addresses the use of leave during a public emergency such as the one we are experiencing at this time. It addresses employees who are experiencing ongoing flu-like symptoms, has been exposed to someone with the coronavirus, or an employee has returned from a country of travel or area where the level of travel has a health notice from the CDC. That could change over time as the CDC and other nations makes further designations. The Town will rely on the CDC listing as opposed to naming specific countries within Marana's policy. In any of those three circumstances, an employee is not report to work for 14 calendar days. If a department head or supervisor notice an employee is exhibiting flu-like symptoms, they can send the employee home for the 14 -day imposed period. During that 14 -day period, the employee would use its own MTO (Managed Time Off), or Sick Leave if they have any available, or opt to be placed on an Administrative Leave without pay, as an employee have plans for the leave time. If that is the situation, the Town will not require them to burn their leave time should an employee decide to take it without pay. The idea with this policy is to make this as easy as possible for employees who are not well, and should not be in the workplace; or those who may be carriers by being exposed. The Town does not want to be a barrier to employees who need to stay home and get well. The temporary policy, also, allow for employees who have exhausted all MTO or sick leave, the employee can request an 80 hour advance on next year allocation Regular Council Meeting Summary Minutes 03/17/2020 8 of MTO leave. The employee would give back that borrowed time once the MTO is given for the year. The 14 -day period could be extended or shorten based on medical advice or test results. We are also suggesting that Marana would relax some of the provisions in other sections of the personnel policy such as Vacation Leave. Currently, the personnel policy states an employee cannot use Vacation Leave within the first six months of employment. The Town would allow employees to use it in this circumstance even if within the employee first 180 days of employment according to this policy. The Town would allow employees to use Sick Leave for these imposed leave as well. Also, would consider the use of MTO or Sick Leave for those employees to use for childcare issues with the school closure. There are provisions within the policy stating there will be consultations with the department head and Town Manager whether that use will be appropriate given the circumstances. The policy does contain much flexibility because of the evolving nature of the situation. The Town would also relax the Leave Donation Policy. Currently, you cannot donate leave unless it is a "serious medical condition' as defined in the policy --which is similar to FMLA. This may not qualify as a "serious medical condition," but the Town will allow for the donation of leave in these circumstances. The policy does allow the Town Manager to assign employees to Administrative Leave without pay, as those steps the Town is taking at this point for those employees who cannot telecommute. Those employees are on Administrative Leave with pay. Employees that are at home on Administrative Leave with pay that cannot telecommute due to not having a laptop or their positions does not allow for them to work from home are advised and expected to be available to the Town during normal business hours, or different hours depending on their position. The Town has done broad telecommuting of any employee who can telecommute are permitted to do so if they do not need to be on the premises. The resolution that would approve the policy would also allow the Town Manager to continue to make further revisions to the temporary policy consistent with good personnel management practices and laws, as well as consulting with Human Resource and the Legal Department as the emergency evolves. That way, the Town would not be required to return to Council for each tweak within the policy related to the emergency. Council Member Ziegler moved and Council Member Officer second the motion approving Resolution No. 2020-029 a temporary personnel policy regarding employee leave and telecommuting and declaring an emergency. Motion passes, 6-0. A5 Resolution No. 2020-030: Relating to Mayor and Council; temporarily suspending Marana Resolution No. 2009-69 section 2, subsection H, regarding the Regular Council Meeting Summary Minutes 03/17/2020 9 number of members of the Town Council and of special and standing boards, commissions, and committees of the Town allowed to participate in a public meeting by electronic attendance; and declaring an emergency (David L. Udall) Ms. Fairall stated for the record on the last item, Item A4, the motion made included a declaration of an emergency. This item was administrative in nature and does not require a roll call or declared emergency clause. In 2009, the Council approved a resolution that set forth the procedures and rules if Council Members wanted to appear telephonically at a meeting and section 2, subsection H, of that resolution stipulated, only one Council Member could appear telephonically at any given meeting. The Town is suggesting temporarily suspend that restriction so that as many Council Members that wished to telephonically can do that during this pandemic subject to the services of the Technology Services Department. This would be suspended through April 30, 2020 unless the Council choses to rescind or extend it. Although it is a resolution, there is an argument that it is administrative, but the Town did include an emergency clause within the resolution, as the original resolution did include it as well. She recommended a roll call vote with this item. Vice Mayor Post, moved and Council Member Ziegler second the motion approving Resolution No. 2020-030. Motion passes with a roll call vote: Mayor Honea, Vice Mayor Post, Council Members Bowen, Comerford, Officer and Ziegler; 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 (Jamsheed Mehta) Town Manager Jamsheed Mehta provided an update to Council on the legislative activities stating they are trying to put together a baseline budget through as quickly as possible. The session will recess for a period and Speaker Rusty Bars from the House has indicated that all House Committees are canceled this week. Twenty- six noncontroversial bills addresses operational agencies issues only for the base budget. The House intends to pass a baseline budget then pause and pass it along to the Senate, then pause the session. The K-12 schools has presented challenges for school -aged children due to the pandemic will be addressed as well. On the Senate side, the Caucasus and all Senate Committee Meetings were canceled today. They do plan to prepare a baseline budget as a precaution against trying to operate during the coronavirus pandemic. The focus is on alleviating the challenges associated with K-12 closure at the same time. Regular Council Meeting Summary Minutes 03/17/2020 10 The two bills to be heard by Committee will not likely happen tomorrow. Those bills that Marana are tracking very closely are Community Facilities District, it is favorably worded to the Town liking; no official notice has been posted on an agenda at this time. There is the Personal Delivery Devices where robotically packages or materials can be delivered to residential and commercial places. That continues to have discussion with the League, as there are insurance requirements with that bill, as there are technical issues that needs resolving before moving forward. Senate Bill 1246 deals with the Tangerine Road funding—it has progressed well thanks to Senator Leach who is the sponsor and has moved it beyond the committees in the Senate. It will be up to the House to pick it up. Assistant to the Town Manager Heath Vescovi-Chiordi has addressed several more questions that were asked of Marana the details of that specific project on Tangerine Road. That information was provided, and it is the Town's hope that once they return to full session, the information will be useful to approve it. Marana is counting on $5 million dollars created for critical transportation projects. EXECUTIVE SESSIONS E1 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). ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post, moved and Council Member Ziegler second the motion adjourning the meeting. Motion passes, 6-0. Meeting adjourned at 6:48 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Coun ' eting he on March 17, 2020. I further certify that a quorum was present. Cherry L. L wson, Town Clerk zo� Regular Council Meeting Summary Minutes 03/17/2020 11 MARANA lila Es'rABLISHED 1977