HomeMy WebLinkAbout07/14/2020 Study Session Summary Minutes MARANA AZ
ESTABLISHED 1977
MARANA TOWN COUNCIL
STUDY SESSION
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, July 14 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 (Attending
virtually by Zoom), Patti Comerford, Roxanne Ziegler,John Officer, and Herb Kai.
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. Motion passes, 7-0.
DISCUSSION/DIRECTION/POSSIBLE ACTION
D1 Relating to Development; Discussion and feedback concerning the possible
annexation of a portion of the La Puerta del Norte county island adjacent to Continental
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Ranch and potential terms of a pre-annexation development agreement with KB Home
for the proposed development of the annexation area (Jason Angell)
Development Service Director Jason Angell, Water Director Scott Schladweiler and
Town Attorney Frank Cassidy provided a PowerPoint overview of this item. Below is
an overview of the presentation. Mr. Angell stated that Breana Raider, Representative
for KB Homes is attending the Study Session virtually, and is available to answer
questions posed by the Council, as well as wished to comment on the proposed
annexation.
KB Home Possible Annexation and PADA: Mr. Angell presented
1. Annexation Breakdown
• 50.99 acres - currently owned by MUSD
• North parcels total 10.99 acres
o 2.24 acres already located in Marana
o 8.75 acres in unincorporated Pima County
Council Member Ziegler asked whether the Town is suggesting bringing everything
(all of the acreage, not just the 40 acres) into the proposed project. Mr. Angell replied
stating the Town would like to have this discussion with Council during this meeting.
This would provide Council the opportunity to determine whether there is an interest
in having that north parcel included in the annexation. If Council have an interest in
having the north parcels, the Town will proceed to include those acres. However, if
there were not an interest by the Council to include that 8.75 acres piece as part of the
annexation, then the Town would not include that portion. Council Member Ziegler
stated the 8.75 is the grade above Coachline. Mr. Angell affirmed. Council Member
Ziegler asked about the 2.2 acres. Mr. Angell replied stating that is already in Marana.
Council Member Ziegler asked Mr. Angell to confirm the exact location of the parcels.
Mr. Angell confirmed the locations.
2. Zoning
• Parcel C
o County zoning - TH (Trailer home-site). Allows trailer parks with a
minimum lot size of 18,000 SF with 2,000 SF per trailer.
o Applicant request - detached residential with a minimum lot size
of 4,400 SF.
o Recommended zoning - R-3.5 residential with a minimum lot size
of 4,400 SF.
• Parcel A
o County zoning - GR-1 (Rural residential). Minimum lot size of
36,000 SF.
o Applicant request - staff anticipates the applicant would request
rezoning based upon surrounding densities.
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o Recommended zoning - R-6 residential
• Parcel B
o Current zoning - F (Specific Plan)
o Recommended zoning - existing or R-6
3. Conceptual Plan -South Parcels
• 40 acre site
• 9.49 acres = Cultural Preservation
• Average lot size =110' x 40'
• Minimum lot area = 4,400 SF
• RAC = 163 lots/40 acres = 4.075
• Open space
o Current code requires 185 SF per unit. 163 x 185 = 30,155 SF or 0.69
acres
o 13.1 acres (570,520 SF) includes Cultural Preservation area
o 3.6 acres (157,069 SF) excludes Cultural preservation area
4. Transportation Improvement and Cultural Preservation
• Linda Vista Blvd
o Reconstruct to two-lane road with curb and sidewalk on one side.
• Cultural Preservation= 9.49 acres
o Preservation Options
• Home Owners Association
• Third Party (i.e. Archaeological Conservancy)
• Pima County -join with the Los Morteros Conservation Area
5. Water System: Mr. Schladweiler presented.
• Copy of the map is available for viewing on the Town website or in the Town Clerk's
Office upon request.
Mr. Schladweiler provided an overview of the map stating the Airline/Lambert Water
Treatment system is located on the east side of the subject property. The south portion
of the property as discussed by Mr. Angell is within the Marana service area. It is
shown on the adopted Marana Service Area Map. In the north, area is Coachline that is
serviced by the Tucson Water Service area. The South Parcels are located in Marana
Water's existing Airline/Lambert Service Area, whose water infrastructure is
insufficient to provide required fire flow for KB Home's proposed subdivision.
However, the preferred option for connecting the system is to connect to Marana's
infrastructure. There would be some infrastructure improvements required including
an 80,000-gallon storage tank onsite.
He continued describing the area of La Puerta Production site stating at this site there is
an existing well, booster station, and a small tank, which has approximately 15,000
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gallons of usable storage capacity. However, in order to meet the fire flow
requirements, Marana would need to increase storage capacity on that site. The 80,000-
gallon tank would not fit on that site, as the Town would need to expand the site. We
would be looking at property dedicated to the town for that purpose. Mr. Schladweiler
explained that when the Town begin to review this project as initially conceived and
having conversations with KB, the Town was not exactly sure what would be needed.
The $1.5M cost estimate that is in the council packet was a general estimate. Since that
time, Town staff has been able to begin looking at actual infrastructure cost, and what
the Town has available. The cost will be considerably less than the initial cost estimate.
The $750,000 referenced in the council packet is a very conservative estimate, and he
will have later this week the actual cost.
The second option that the Town explored to service this property when the initial
estimate was $1.5M was the Wheeling IGA with Tucson Water. This is something that
the Town is negotiating on another property that does not have immediate access to the
Town's infrastructure. Council has not seen this yet; however, Town staff will bring
this forward once negotiations are complete. It has a lower connection cost for the
application, but would have long-term cost for the Town that it would have to deal
with.
Mayor Honea asked whether the Town has an adequate line from Saguaro Bloom to fill
this tank. Mr. Schladweiler replied explaining the one that line that runs and over the
Tucson Mountains is eight (8) inches, and runs along Lambert and Old Silverbell, then
crosses Los Montero's area and drops down onto a six (6) inch. The Town does now,
and into the future operate this system is to fill that tank, operate out of it and boost to
that system. The Town cannot operate without a boost to that system, and the booster
without a fire flow, as a well will be turned off in the fall once the Water Treatment
Campus becomes operational.
Mayor Honea asked whether the 80,000-gallon tank along with the water pumped into
would meet the one-hour fire flow compression. Mr. Schladweiler replied stating 1,000
gpm per hour, as that one-hour storage is where the Town has an issue with storage
capacity onsite.
6. Annexation Process: Mr. Cassidy presented.
• Get Council okay to proceed - this meeting
• Record blank petition (20 to 30 days before public hearing)—sometime
between July 20 & 28, if we have the annexation map & legal description
• Hold public hearing—August 18, if blank petition was recorded per #2
• Obtain annexation signatures; record signed petition-31 to 395 days after #2
[Possible complication: Is there any taxable property in the annexation area?]
• Present annexation ordinance (including translational zoning) to Council for
consideration/possible action—first available Council meeting after #4
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• Annexation ordinance becomes effective—31st day after #5, if no lawsuit or
referendum challenging the annexation ordinance
Mr. Cassidy provided an overview explaining the state's requirements for filing a blank
annexation petition to initiate the process. However, the Town has a policy to inform
the Council in a meeting such as this one prior to moving forward with initiating the
annexation petition in order to allow Council to direct Town staff accordingly. Staff is
seeking direction from Council to move forward with the annexation process for either
both sides of Coachline or just the south side. If Council directs Town staff to move
forward, the Town would move forward with recording the blank petition. The way
state law reads is that between 20 to 30 days after the blank petition is recorded a public
hearing would be held. Presumably, the public hearing would occur on August 18, as
that is our next scheduled Council Meeting.
He is not sure whether Mr. Angell mentioned this aspect; however, the materials do
point out that this is a complicated three-party deal. One of the parties is Gladden
Farms Development LLC, the developer of Gladden II where there is a school site. They
have given the KB Homes a deadline for a no-go decision; he believes it is before the
end of the year. As a practical matter, KB Homes needs to make a decision by or before
October. They are anxious for a decision; that if the Town will annex, Marana would
move forward in its process.
Mr. Cassidy continued stating the Council could move forward with holding the public
hearing on August 18, as nothing will happen except signaling the beginning period for
collection of signatures—collected anytime between 30 and 395 days after the recording
of the blank petition. In this case, the Town thinks it would be sufficient to obtain
MUSD's signature the Town owns property in that area. Those properties that have a
tax value according to the assessor. Though none of us pays taxes, as we are exempt,
this is an interesting twist on this annexation. The Town does not think anyone pays
taxes in the annexation area; however, with the property owners' signatures, the Town
would be able to move forward. Once the Town has received a sufficient number of
signatures, Town staff can bring forward an ordinance to the Council for actual
adoption. The normal way the Town handles this is to include the translation zoning
from the county zoning to the town zoning within that annexation ordinance.
However, by state law, the Town can hold off up to nine (9) months. We would
carryover the county zoning for nine months. The Town would normally include this
within the annexation ordinance. Thirty-one days after the adoption of the ordinance,
the annexation becomes effective; that is unless a referendum or a challenge is made
against the annexation.
Council Member Ziegler stated members of the community as well as some of the
Council were taken by surprised over this item. She is aware that Council and the Town
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has had previous discussions about this area in years past. However, expressed concern
that the item appeared quickly on the Council's agenda. She understand there may be a
push by MUSD and KB and Gladden, but does not understand how that became the
Town's problem. She expressed her disappointment in having this item brought before
Council with a timeframe that determined by KB. Although she likes the project, she
would have appreciated if it came at the end of the year or sometime next year. She
feels as though this project is being pushed on the Town.
Council Member Comerford asked when the project was brought to the Town for its
consideration. Mr. Angell replied stating the concept of the project was submitted
approximately 45 days ago.
Council Member Comerford stated she agrees 100% with Council Member Ziegler,
and continued expressing concern for the lack of communication with the Council on
important projects. There are many unanswered questions.
7. Next Steps: Mr. Angell presented.
• Council direction/feedback on whether and to what extent the Town should:
o Proceed with the proposed annexation
o Begin negotiations with KB Home on a pre-annexation development
agreement
Mr. Angell explained the purpose of the discussion before Council is to receive
feedback and direction from Council. If Council feels it is appropriate to proceed with
all of the property in question of the application, or part of the annexation area, then
Town staff would begin the annexation process as presented by Mr. Cassidy to begin
negotiations with KB on a pre-annexation development agreement. Staff will then
follow the appropriate steps outlined to bring it before Council for discussion and
public hearing before adoption. He reminded Council that KB Homes Representative
Breana Raider is attending via Zoom and would like the opportunity to address the
Council on this project.
Mayor Honea opened this item for public comments. The following individuals
submitted comments to the Town Clerk's Office, commented via Zoom, or provided
comments on this item in person.
• Thomas Howlin, President of Sunflower HOA expressed concern for the
annexation, not having sufficient notification, the need for additional
archeological studies, and asked Council to delay taking actions on the item for
up to 90 days.
• William Ohl commented on the unhappy neighbors of the Los Morteros
community over the annexation of the project area.
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• Michelle Adams expressed concern over the annexation of the KB Home Project
stating residents in that area does not want or need any additional housing in the
Continental Ranch area.
• Brian Jones expressed his support for the comments submitted by the Tortolita
Alliance regarding the proposed KB Home Project.
• Karen Kansfield expressed concern for preserving open spaces in KB Home
Project area as well as supporting the comments by the Tortolita Alliance on
Items D1 (KB Homes), and D3 (Parks and Recreation Budget Transfers).
• Janice Prezzato expressed concern on the proposed KB Home Project, and
support the letters submitted to Council from the Tortolita Alliance. The project
endangers the sensitive El Rio Preserve area, as well as commenting on the
reallocation of funds from the trail improvement plan.
• James Meyer and Joy White, representatives of the La Puerta Del Norte Mobile
Home Park expressed concern for the KB Home Project stating they do not feel it
has been appropriately and archeologically researched.
• Carolyn Campbell for the Coalition for Sonoran Desert Protection expressed
opposition for the KB Home Project.
• Mark Johnson, Tortolita Alliance expressed opposition to the KB Home Project.
• Barbara Rose expressed concern over the KB Home Project in the Los Morteros
and El Rio Preserve area. She asked Council to refrain from developing adjacent
to these areas.
• Tom Hannagan read a comment submitted on behalf of Barbara Rose
Mayor Honea closed the item to public comment. He stated he had an opportunity to
speak with Amy McReynolds today, and she reported that KB Homes would only
build single story homes on the property. He is aware many residents have expressed
concerns about the views from their homes.
Vice Mayor Post stated the Town has a long process ahead with the annexation, and the
eventual rezoning of this property. He wants to state for the record that he is in favor of
this project. He believes this is an important trade for the school district. It allows the
Town to have a large parcel in Gladden II, and it will have a K-8 school built on that
parcel of which the Town sorely needs. Marana is breaking records with home sale on
the farmlands and the Town will be in need of an addition school before long.
He continued stating this is very important for the school to be able to make this trade
especially in these days of not being able to fund the purchase of land that they need
outright. Doing this swap is very important to the school district. The Marana
community would have to pay for a parcel in Gladden II, which would be very
expensive. However, this is the only choice that the district has to come to the Town for
bond money to purchase that property. He is in favor of this project, and recognize that
there are challenges before us, but feels this is a very important step for our community.
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This is especially so as there has been a push to prevent development in the Tortolita
fan. He is not opposed to it. If we are going to push more development to the
farmlands, then the Town will definitely need additional school sites.
Council Member Kai voiced his support for Vice Mayor Post comments, as it is
important to provide the Town with the opportunity to have additional schools in the
Marana area. However, shares Council Members Ziegler and Comerford's concerns,
as well as Sunflower concerns that this project is moving too fast. He would like the
pace to slow down so to allow the opportunity to have many of the questions answered,
then move forward. He would support the project, but would be comfortable if a few of
the questions were answered first before moving forward.
Council Member Ziegler offered a motion to continue this item to allow some of the
questions to be addressed, and not shoved onto Council.
Mayor Honea stated he supports Vice Mayor Post stating this is an important project.
The land belongs to the school district. Should the school district wish to build a school
like the one built in Gladden will likely be a three-story tall building. The school district
owns the land, and cities or towns do not control zoning in the State of Arizona, it is
controlled by the school district. Therefore, they do not need the Town's permission. It
is an opportunity to build a school like the K-8 built in Dove Mountain or the K-8 in
Twin Peaks in Continental Ranch. He continued stating these are becoming the new
things in our school areas, as we cannot afford to build a new high school or middle
school as the Town needs both.
Council Member Ziegler moved and Council Member Kai second motion to continue
this item for 30 to 60 days to allow some of the questions to be addressed and brought
back to Council in a Study Session Meeting to review the archeological study, receive
comments from the neighbors in the community.
Mayor Honea asked whether Council Member Ziegler wished to provide a date
certain for staff to return to Council. Council Member Ziegler stated she would leave
to Town staff to determine based upon when the information is received. Council
Member Comerford asked if she could suggest setting the date when this item is only
on the agenda to be discussed.
Council Member Kai requested the question by called. Mayor Honea called the
question. He then, requested a roll call vote of the Council. Town Clerk Cherry Lawson
called the roll of the Council.
Ayes: Council Members Ziegler, Comerford, and Kai
Nays: Mayor Honea,Vice Mayor Post, Council Members Bowen and Officer
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Motion fail: 3 ayes, 4 nays.
Vice Mayor Post moved and Mayor Honea second the motion that the Town continue
to consider this annexation with the customary due diligence the Town always provide
as the Town anticipates including the annexation, rezoning, development agreement as
the Town continues this development.
Mayor Honea requested a roll call vote of the Town Council. Ms. Lawson called the
roll.
Ayes: Mayor Honea, Vice Mayor Post, Council Members Bowen and Officer
Nays: Council Members Ziegler, Comerford, and Kai
D2 Relating to Development; Discussion and direction concerning a proposed new
private low-volume subdivision road standard (Keith Brann)
Town Engineer Keith Brann provided a PowerPoint Presentation overview of this item
as provided below. (A copy of the presentation is on file in the Town Clerk's Office for
review).
[7:16 PM: Minutes] Council Member Comerford departed the meeting.
Street Standards Update
• Street infrastructure is a requirement to subdivide land. The Town has had
standards and/or guidelines for street design since 1990.
• An update to the street standards and new standard detail is being sought for
large lot rural developments.
Relevant Regulations
• ARS 9-463.02 "Subdivision" means..., or if a new street is involved, any such
property, which is divided into two or more, lots, tracts or parcels of land, or...
• ARS 9-463.01U For any subdivision that consists of ten or fewer lots, tracts, or
parcels, each of which is of a size as prescribed by the legislative body, the
legislative body of each municipality may ...waive or reduce infrastructure
standards or requirements proportional to the impact of the subdivision. Requirements
for dust-controlled access and drainage improvements shall not be waived.
• Marana Ord 2006.09 follows state law in creating a simplified process and
infrastructure requirements for subdivisions of 10 lots or fewer
Current Subdivision Street Standards
Standard detail 100-1
• Normal subdivision street
• May also include curbway
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• May be public or private
• 3" Asphalt over 4" Aggregate base
Standard detail 100-6
• Subdivisions with 10 lots or fewer
• Minimum lot size 36,000sf
• May be public or private
• 3" Asphalt over 4" Aggregate base
Proposed Ranchette standard
• Rural lifestyle
• Private Use Only
• 4" Aggregate or 6" Soil Cement
• Maintains minimum Fire Code Requirements
• Increased dust
• Increased maintenance
Proposed Ranchette requirements
Applicability
• Private street
• Subdivisions of Ten or fewer lots
• Minimum lot size of 144,000sf
• Ten lots maximum
• Maximum anticipated ADT of 100
• Dead end street
Future Requirements
• Dust Control/Air Quality
• Upgrade to higher standard
Next Steps
• Incorporate Council direction
• Solicit stakeholder feedback
• Return to Council for Adoption
D3 Relating to Parks & Recreation; Discussion and direction concerning a possible
amendment to the infrastructure improvements plan supporting development impact
fees for parks and recreation facilities by revising the projects to accommodate
additional funding for Town of Marana Project No. PK023, Santa Cruz River Shared
Use Path at CalPortland (Jim Conroy)
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Parks and Recreation Director Jim Conroy provided an overview of this item stating
this is a follow-up to the CIP presented in March. He shared a recommendation to
reallocate funding in order to make the Cal-Portland Project whole. This project is
extending the loop trail where it terminates at Avra Valley Road to extending it to the
segment path, north of Cal-Portland Cement path. This is a significant regional trail
connection connecting north Marana of over 100 miles of loop trail system. At this time,
the Town is reviewing the 90% construction documents of this project. The project has
progressed well, and there has been great participation from those involved. Town
Attorney Frank Cassidy has a scheduled meeting with Cal-Portland Legal and its Risk
Management staff next week, July 23. This will be a meeting to review security
concerns and the design. The Town is on schedule with this project. If the project
continues to progress, the Town is anticipating the project completion for summer 2021.
To make the Cal-Portland Project whole, Town staff is recommending$1.05M be shifted
from the North Marana Sports Field line item, the Gladden Farms Community Soccer
Field. That project would have $2.3M will remain committed for that project that is
consistent with the current cost estimated for that park improvement.
He continued stating the Gladden Farms Community Soccer Field is on schedule as the
Town has worked very closely with the developer on that project. It is schedule to go
out to bid in the fall, with completion in summer 2021. Mr. Conroy stated the other
project Town staff is recommending shifting funds to make Cal-Portland whole is the
Tortolita Trail Extension; shifting $450,000 from that line item, as those trail
improvements have been completed. These two projects total $1.5M bringing Cal-
Portland budget to $3M.
He stated the Town is conservative in this project with $412,000 identified as
contingency, due to the security issues that Cal-Portland has identified. He is aware of
the communication Council has received from the public regarding this project. Parks is
in the process of working on the Town's 10 year Parks & Recreation Master Plan. They
are now beginning to work on the element of the Plan that focuses on mountain parks
and preserves. Over the next month, he and the Parks Department will reach out to
specific stakeholders including the Tortolita Alliance, and listen to their ideas for the
preserves and mountain parks. Whatever is accomplished in the preserves will be
made part of a comprehensive planning process whereby the Town will consider all of
the elements that need to be factored in. That will also factor into this the lease the
Town has with the Arizona State Lands Department.
If Council supports the identified projects for the funding shift, Town staff will proceed
with taking the Parks IIP Amendment through the formal amendment process.
Mayor Honea opened the meeting to receive public comments on this item. The below
individuals either submitted comments prior to the meeting or spoke in person.
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• Karen Kansfield expressed concern for preserving open spaces in KB Home
Project area as well as supporting the comments by the Tortolita Alliance on
Items D1 (KB Homes), and D3 (Parks and Recreation Budget Transfers).
• David Bowerman expressed concern over the Parks and Recreation Department
reallocating funds away from the Tortolita Preserve area.
• Brad D'Emidio expressed his support for letters submitted to Council by the
Tortolita Alliance.
• Amy & Steven Frieman expressed their support for the Tortolita Alliance as it
pertains to the protection of parks and open spaces.
• Mark Johnson, Tortolita Alliance commented on the need to fund the Tortolita
Preserve area, and commented on the reallocation of funds from Parks.
• Nan Pratt spoke in support of the Tortolita Alliance efforts to preserve the
Tortolita and Dove Mountain area open spaces.
• John Rush expressed his support for the Tortolita Alliance and for redirecting
the funds to support the Tortolita Preserves.
Council Member Officer moved and Council Member Ziegler second the motion to
continue shifting the funds complete the projects the Town has planned and stick
within the budget scope. Motion passes, 6-0.
D4 Relating to Utilities; Discussion and direction regarding a draft amendment to
Town Code Title 14 (Utilities), to add a new Chapter 14-11 concerning non-potable
water service within Cortaro-Marana Irrigation District's service area (Scott
Schladweiler)
Water Director Scott Schladweiler provided a PowerPoint presentation overview on
this item. Below is an overview of the presentation. (A copy is available in the Town
Clerk's Office for review).
Background and Purpose
• 2013 IGA transferred North Marana non-potable system to CMID
• Irrigation services represent 10-15% of Marana's current potable demand
• No return on irrigation water (i.e. credits for recharge)
• CMID provided over 300 AF of non-potable water to North Marana in 2019
• —115 AF of irrigation water provided by Marana Water in North Marana alone
Purpose: Maximize the use of renewable resources in our current water portfolio
Code Amendment
• Any proposed project within CMID service area
— Residential, Commercial, Industrial and Public projects
• CMID may waive right to serve
— MOU between CMID and Marana Water
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• Prior to submitting a development plan, applicant shall prepare a report
containing:
— Proposed non-potable water demand
— Location of non-potable water infrastructure
— Rezoning conditions or Council determination
— Anticipated long term cost savings compared to the cost of non-potable
infrastructure
— Appeals
Service Determination:
1. Connection is required as condition of rezoning
2. Long term cost savings:
A <_ B - C
A = Cost of non-potable infrastructure
B = Cost of potable water service for 20 years
C = Cost of non-potable water service for 20 years
3. Council determines that it is necessary to offset environmental impacts or
burdens
Council Member Ziegler moved and Council Member Officer second the motion approve
raft amendment to Town Code Title 14 (Utilities), to add a new Chapter 14-11
concerning non-potable water service within Cortaro-Marana Irrigation District's
service area. Motion passes, 6-0.
D5 Relating to Emergency Management;presentation and discussion regarding Town of
Marana's actions in relation to COVID-19 emergency orders of Arizona Governor Douglas A.
Ducey and other entities (Jane Fairall)AMENDED JULY 13, 2020 @ 3:55 PM
Deputy Town Attorney Jane Fairall provided a PowerPoint presentation update to the
various actions of the Town related to Covid-19 Orders. Below is a brief overview of
the presentation. (A copy of the presentation is available for viewing in the Town Clerk's
Office.)
Presentation Overview
• Town's Goals and Objectives re: Education &Enforcement
• Overview of Governor Ducey's Orders and Associated Guidance
• Town's Education/Enforcement Protocol
• Summary of Actions Taken by Town to Date
• Possible Additional Enforcement Actions
Town's Goals and Objectives
• Protect the Community/Slow the Spread of COVID-19
• Educate Businesses and Citizens Regarding the Requirements
• Treat Businesses Fairly and Consistently
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• Comply with Governor Ducey's Orders
Governor Ducey's Executive Order 2020-40
• Tune 17, 2020 Executive Order 2020-40: Containing the Spread of COVID-19 -
Continuing Arizona Mitigation Efforts
— All businesses must enforce physical distancing & sanitation requirements
&face coverings for employees, when feasible
— Enforcement by law enforcement & regulatory agencies
• Focus first on educating and promoting best practices
• Provide notice of the order and associated guidance & give
opportunity to comply
Governor Ducey's Executive Order 2020-43
• Tune 29, 2020 EO 2020-43 Pausing of Arizona's Reopening - Slowing the Spread
of COVID-19
— Prohibits most organized events of >50 people
— Public pools shall prohibit groups larger than 10 people from
congregating
— Effective at 8:00 PM on 6/29/20, the following must pause operations
until 7/27/20:
• Bars, meaning any entity holding a series 6 (bar) or series 7 (beer &
wine bar) liquor license and whose primary business is the sale or
dispensing of alcoholic beverages
— Bars may continue serving through pick up, delivery and
drive through
— DLLC issued guidance 6/30/20
• Indoor gyms and fitness clubs or centers
• Indoor movie theaters
• Water parks and tubing operators
• Tune 29, 2020 EO 2020-43 Pausing of Arizona's Reopening -Slowing the Spread
of COVID-19 (cont.)
— Enforcement
• Law enforcement & any regulatory agency authorized to take
immediate enforcement action against any business
• Includes summary suspension for any license that the business
holds
Governor Ducey's Executive Order 2020-47
• July 9, 2020 EO 2020-47 Reducing the Risk, Slowing the Spread - Limiting Indoor
Dining
— Requires all restaurants with indoor seating to operate at less than 50% of
the permitted fire code occupant load
— Enforcement
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• In addition to criminal penalties, failure to comply shall constitute a
public nuisance dangerous to the public health
• Action is authorized and shall be taken to abate the nuisance by the
county health inspectors, including the immediate closure of the
business
Town's Protocol
• Call taker (first floor reception, TMO) obtains details and completes Business
Complaint Information Form
— Police dispatch will forward calls to Town Manager's Office
• Business Complaint Information Form details specific information to obtain for
each type of complaint/concern
• Form is forwarded to Legal Department for review
• If necessary, will investigate further
• If Legal Department determines business appears to be operating in violation of
one of the EOs, standard letter will be prepared
• Code Enforcement delivers the letter
• For a complaint that business not enforcing ADHS requirements under EO 2020-
40 for physical distancing, signage, cleaning, employee face coverings, etc.,
standard letter states:
— We've received information that you may be in violation of EO 2020-40
— Provide copy of EO 2020-40 and associated ADHS requirements to the
business
— No further action will be taken by the Town unless additional complaints
are received - EO 2020-40 states to provide notice of the order and
associated guidance & give opportunity to comply
• For a complaint that business (i.e., bar or gym) is open in violation of EO 2020-43,
standard letter states:
— We've received information that you may be open in violation of EO 2020-
43
— Provides a copy of EO 2020-43 to the business
— Allows the establishment 3 business days to respond and provide any
information for the Town to consider as to why the business may remain
open
• If business responds with evidence that EO does not apply to it (e.g., records
documenting higher sales of food than alcohol at a bar & grill), Town notifies
business we will take no further action
• If business does not provide evidence that the EO does not apply to it, Town
sends follow-up letter advising business that EO 2020-43 requires it to pause
operations & failure to do so may result in further enforcement action
• For a complaint that business is not requiring customers to wear face coverings,
the Town refers the complainant to the Pima County Health Department for
enforcement of its mask mandate
• Town will not take further action
Study Session Summary Minutes 07/14/2020
15
Summary of Town's Actions to Date
• 11 Complaints Received
— TMO, MPD, first floor reception
— 9 complaints that businesses open in violation of EO 2020-43
• Some repeated complaints about same business
— 1 complaint that business not requiring face coverings
— 1 complaint that business not following EO 2020-40 re: physical distancing
• 2 Businesses "Self-Reporting"
• 11 Complaints Received
— 4 letters sent to businesses that may be open in violation of EO 2020-43,
response requested within 3 business days
• 2 businesses presented evidence that alcohol not their primary
business; Town staff advised that Town would not take further
enforcement action
• 2 businesses advised that EO 2020-43 requires them to pause
operations; both stated they would comply
— 1 letter re: possible violation of EO 2020-43 in process
— 1 face covering complaint referred to Pima Co. Health Dept.
— 1 educational letter sent to business re: requirements of EO 2020-40 re:
physical distancing
— 1 complaint- no action taken; business was closed
• 2 Businesses "Self-Reporting"
— For 1 business, Town staff followed up with Gov. Ducey's office &
received confirmation that business must pause operations; Town staff
notified the business of the response from the Governor's office
— 1 business presented evidence that alcohol not its primary business; Town
staff advised that Town would not take enforcement action
• Town Manager's Office has reached out with resources and offers to assist,
including;
— Information regarding the loans available under the PPP (Paycheck
Protection Program)
— Information regarding the EIDL (Economic Injury Disaster Loan)
— Contact information for the Town Manager's Office, Senator Sinema' s
Office, Curt Woody, and Marana Chamber of Commerce
— Information regarding the Town's biz.selectmarana.com tool
— Information regarding City of Tucson series of webinars to assist small
businesses during COVID
— Information regarding Arizona Commerce Authority series of webinars to
assist in how to use PPP moneys as well as to generally navigate
COVID19
Possible Additional Enforcement Actions
Study Session Summary Minutes 07/14/2020
16
• What Are Possible Additional Enforcement Actions of the Town?
— Summary suspension of Marana Business License
— Criminal citation for violation of Governor's Emergency Orders, pursuant
to A.R.S. §26-317- class 1 misdemeanor
— Wait to see if DLLC or Pima Co. Health Dept. takes action
— Do nothing
— Continue dialogue with business
• Independent of the Town
— DLLC can take action on an establishment's liquor license
— County Health Inspectors can take action to abate a public nuisance
dangerous to the public health, as noted in EO 2020-47
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).
ADJOURNMENT
Mayor Honea asked for a motion to adjourn the meeting.
Vice Mayor Post, moved and Council Member Officer second the motion to adjourn the
meeting. Motion passes, 7-0. Meeting adjourned at 8:31 PM.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes for the Study Session
Meeting of the Marana Town Council meeting held on July 14, 2020. I further certify
40
that a s u. . . was present.
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AZ
Cherry L. awson, Town Clerk MARANA
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Study Session Summary Minutes 07/14/2020
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