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HomeMy WebLinkAbout08/18/2020 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, August 18, 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 6:05 PM and directed the Clerk to call the roll. Mayor Honea, Vice Mayor Post, Council Members: Dave Bowen, Patti Comerford, Roxanne Ziegler,John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Vice Mayor Post, moved and Council Member Kai second the motion to approve the agenda as presented. Motion passes, 7-0. CALL TO THE PUBLIC Mayor Honea open the meeting to receive public comments, and the following individuals provided comments. Regular Council Meeting Summary Minutes 08/18/2020 David Morales provided general comments related to starting each Council Meeting with a prayer. PROCLAMATIONS P1 Proclamation recognizing the month of August 2020 as "Child Support Awareness Month" (Cherry L. Lawson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford reported that she and Council Member Ziegler had attended the Back to Blue event and complimented the Marana Police Department on its work and efforts throughout the community. Council Member Officer thanked the Town's Road Maintenance and Parks Department for coming out to trim trees at the intersection of Grier and Sandario at it was difficult for him to see traffic moving in the south direction. He was able to accomplish reporting this matter to the town using its app. Council Member Ziegler commented on having attended the Back to Blue event stating the man who founded Back to Blue attended. He made a request to have a blue line painted in front of town hall entrance. Although she supports his request, the town is not able to do fulfill that request, due to First Amendment concerns. Mayor Honea reported that he and Council Member Ziegler went out to visit the La Puerta Del Norte community and were a guest in Joy White's home, along with other members of the community. Although it is a county neighborhood, it is neighboring a Marana project. They wanted to ensure the residents that people are listing to their concerns. Marana cannot necessarily do everything that they want Council to do, but do try to adopt some changes if they can. He commented on COVID-19 numbers stating that it is doing much better. In his press conference, Governor Ducey reported a couple of weeks ago that he is waiting for the rate to decrease to five (5%) percent or less. It was seven (7%) percent last week, and 21% approximately six weeks ago. The numbers are decreasing rapidly, as Arizona is one of the two (2) green states nationally for the rate of COVID that has been on the decline. It is his hope that Marana business community will be able to reopen once the numbers decrease to five (5%) percent. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Jamsheed Mehta stated the Council has a copy of the Executive Report, as well as provided on the Town's website. He commented on the development that is happening in the community, and is happy to report that the month of July was terrific. Regular Council Meeting Summary Minutes 08/18/2020 Marana had 103 single-family residential issuances, which is 20 more than we had last July. The Westridge fire began in the Tortolita Mountains on August 17, 2020. Northwest Fire has been involved in assisting with the fire with the state crew in fighting the fire. There are roughly 500 acres that has burned. If the winds do not change or other drastic actions, it is expected that those crews would leave, as those fires will be under control tomorrow. He reported on the Adonis Road Extension Project stating Council direction given to Staff in June to take responsibility of that project. The Construction Manager at Risk (CMAR) was selected in July. The Town has roughly 75% design already reviewed. Final designs by Mandarina and the Guaranteed Max Price (GMP) development by the CMAR are both on schedule for construction to begin in late October 2020. Some sections may start in late September 2020. Council Member Ziegler asked when the completion of the project. Mr. Mehta stated it would be three to four (3-4) months. Mr. Mehta commented on the progress of the Parks and Recreation Department providing an update on the following: • The Marana Community Pool at Ora Mae Ham Park continues to operate in conjunction with COVID19 protocol. The pool will be open through Labor Day Weekend, and is currently one of the only community pools operating during COVID19. • The Parks and Recreation Master Plan process was delayed slightly by COVID19, but has resumed stakeholder meetings recently via Zoom, and is making good progress. Parks and Rec Staff anticipate this Plan to be brought before Council for review as the process progresses into Fall and early Winter. • AWARDS: Parks and Rec received three (3) prestigious statewide awards at the 70th Annual Arizona Parks and Rec Association Conference and Expo (APRA). o 2020 Outstanding Aquatics Program: Doggy Paddle Pool Party (held on September 7, 2019). Special recognition to Parks and Rec Staff Kevin Goodrich and Olivia Salazar for their roles in this event. o 2020 Outstanding Active Adult Program (for ages 50+): Police Appreciation Event hosted by the seniors who are regularly engaged at the Senior Center (held on January 15, 2020). Special recognition to Parks and Rec Staff Julie Mudd and Olivia Salazar! o 2020 APRA President's Award: Corey Larriva, Marana P&R Recreation Superintendent. The APRA President's Award is exceptionally prestigious in that it recognizes one individual from around the entire State for their Regular Council Meeting Summary Minutes 08/18/2020 contributions, outstanding service, and dedication to the organization and the industry. Lastly, Mr. Mehta provided an update to COVID-19 as provided below. • Executive Order Enforcement: Executive Order 2020-43 is still effective, and extended by Executive Order 2020-52. This effectively paused activity establishment, including gyms, bars, clubs, water tubing operations, and others, and laid enforcement of these orders to local jurisdictions. o Ms. Fairall provided a presentation on this matter just over a month ago addressing the Town's procedure in addressing those types of usages. • To date, the Town has received complaints on 15 establishments. At this point, there has been widespread compliance with the Executive Orders, as well as with any communications from the Town to businesses about the Orders and how to comply; all are now in compliance with state law. PRESENTATIONS P1 Relating to Development; presentation of the Town of Marana Development Activity Annual Report Fiscal Year 2020 Update (Jason Angell) Development Services Director Jason Angell provided a PowerPoint Presentation overview of the Development Services Department Activity Annual Report for Fiscal Year 2020. Below is an overview of the presentation. (A copy of the presentation is on file in the Town Clerk's Office for review). Presentation Overview: Content • January - June 2020 Report Update • Population and Home Sales Data • Commercial & Residential Projects • Development Activity Highlights: Population & Housing Data • 2020 Census response at 66.2% • Town is over 50,000 residents • Median sales price up despite COVID-19 • Existing home inventory low Residential Permits • Single-family permits±800/year since 2017 • Permit valuations increasing since 2016 Commercial Permits Regular Council Meeting Summary Minutes 08/18/2020 • 29 permits issued for new construction and tenant improvements Water and Sewer Connections • Steady increase for Marana Water Subdivisions • 3,239 new lots platted since 2017 • 692 lots in platting process CONSENT AGENDA Cl Resolution No. 2020-080: Relating to Development; approving a release of assurances for Fianchetto Farms and accepting public improvements for maintenance (Keith Brann) C2 Resolution No. 2020-081: Relating to Development; approving a release of assurances for Del Webb at Dove Mountain VIII subdivision and accepting public street improvements for maintenance (Keith Brann) C3 Resolution No. 2020-082: Relating to Police Department, approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and other public agencies to participate in the Arizona Child Abduction Response Team (Libby Shelton) Pulled from the agenda. C4 Resolution No. 2020-083: Relating to Personnel; approving the ICMA Retirement Corporation 457 Deferred Compensation Plan and designating a coordinator for the plan (Curry Hale) C5 Approval of the Special Council Meeting Summary Minutes of July 21, 2020, the Regular Council Meeting Summary Minutes of July 21, 2020, and the Study Session Meeting Summary Minutes of July 14, 2020 (Cherry L. Lawson) Vice Mayor Post, moved and Council Member Kai second the motion to pull Item No. C3 and approving the Consent Agenda. Motion passes unanimously, 7-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2020-084: Relating to Flood Plain Management; granting a variance to Marana Town Code Chapter 17-15 (floodplain and erosion hazard management code) for property located at 7430 North Silverbell Road (Keith Brann) Town Engineer Keith Brann provided a PowerPoint presentation overview of this item stating a Variance is requested from the Town Floodplain Code for 7430 N. Silverbell Road in relation to the time of construction and FEMA approvals. In this case, the Regular Council Meeting Summary Minutes 08/18/2020 applicant has done a flood control infrastructure designs, and submitted those designs to FEMA for a Conditional Letter of Map Revision. They made that submittal in June 2020. The CLOMAR is under review by FEMA at this time, but there is no determination of whether they will have comments or the timeline for approval. Town Code section 17-15-10.E.9 combined with its subsection c states: When a modification or removal of a FEMA SFHA is sought for a development, the following requirements apply: A CLOMR must be submitted to and accepted by FEMA prior to construction of physical improvements. The purpose and background for this requirement is to ensure that improvements made will ultimately be approved by FEMA, and a subsequent full Letter of Map Revision (LOMR) will be issued. Until FEMA approves those plans, the Town is unaware if the improvements made are accurate or will result in a change to the floodplain. At this time, the applicant as the developer for an apartment complex desires to move forward without the FEMA approval, at his or her own risk. Mr. Brann displayed a map of the Current Floodplain (on file in the Town Clerk's Office) explaining the nature of the area of the location. It is a FEMA Zone A Floodplain, which means it is a floodplain of indeterminate nature, and FEMA does not have flood elevations to tell a developer how something should be built. Because of that, the Marana Town Code requires from a building standpoint that you have to elevate for a worst-case scenario, which is three (3') feet plus one foot of freeboard. That only applies to the building permit portion of this project, not these grading improvements. He continued stating the proposed improvements that they have involve a perimeter channel system, where they intend to pick up the drainage coming through two (2) box coverts location that were built with the Silverbell Road project. They would take the water from those box coverts and wrap them around the property to another larger covert that punches through the bank protection soil cement that was built by the Town and Pima County on the Santa Cruz River. These improvements have been approved from a design standpoint by both the Town staff and the Flood Control District. No one is disputing that this is a viable design; it is a matter of whether FEMA will accept it and allow a change to the floodplain so that they can move forward. Some of the risks of moving forward, and the reasons why Town the Code is written the way it is and Town staff would recommend a denial of a floodplain variance; ultimately, FEMA cannot approve the CLOMR in its current state, which would require redesign and possible change of improvements that they have already constructed in the field. They have seen instances where people have started grading and doing work before FEMA has approved the design aspect. They then ask people to give those as- builts and more information, which prolongs the process with FEMA. In the end, Marana is required to report to FEMA on a biannual basis all variances that are granted Regular Council Meeting Summary Minutes 08/18/2020 by the Town of Marana. Those variances can come into play against the Town on various things such as the Town's CRS Program (Community Rating System). Marana is by choice in this voluntary program. By doing so, Marana receives a score from FEMA. That score translate into discounts on flood insurance policies for town citizens. Currently, the Town is at a Class 7 in the program, which translate to a 15% reduction in premiums for all town residents. If FEMA choses that, they would want to sanction Marana from that program, and town residents would lose that discount. Additionally, FEMA could also sanction Marana from the actual flood insurance program itself, and its ability for people to obtain mortgages that are backed by federal loan insurance. That is an example of an extreme action taken by FEMA. Mr. Brann stated the applicant is not seeking a variance to construct the building. As it stands, the building and the floodplain that it is in requires either a four (4') feet of elevation, or four (4') feet of flood proofing of the lower level. The Town Code requires not just the CLOMR, this conditional design approval, but also the final map approval must be approved by FEMA either before Marana can allow a building permit to be issued— with the elevation or the flood proofing to come into compliance. It is possible that the developer can start these improvements, and we can get to the same point of them asking for a variance to either waive those conditions or meet those conditions. Ross McCallister, Principal of MC Companies the developer of the apartment complex stating they have been working on this project for months. They submitted to Marana in March and received approval by the Town of Marana on June 8. They then submitted to FEMA on June 9 and paid fees on June 10. Their only correspondence with FEMA since that time has been an email that FEMA had appointed a reviewer to the plan. However, their efforts to contact the reviewer to learn the status, has been met with no response. As a result, they are not able to submit for the CLOMR currently with approval from the Town or Pima County Flood Control. They have received an approval from the Town and Pima County Flood Control. It has been his experience as this is his third major project requiring the CLOMR that FEMA relies upon the jurisdictions to approve the improvements. They have and are willing to accept the fact that CLOMR is an administrative process. They are willing to accept the risk that they would not be able to move forward. As with most projects, any type of significant delay will result in the possible cost increases. They have already experienced cost increases in the last six months due to construction activities as well as the pandemic. They believe that any additional delays will result in cost increases and possible loss of its project financing from which they have obtained preliminary approval from the National Bank of Arizona. He would respectfully request that Council allow this variance and allow them to proceed forward. Regular Council Meeting Summary Minutes 08/18/2020 They will continue to move forward in its processing of the CLOMR and work with the Town; they are represented by Dean Allen Architects as well as Rick Engineering Firm. Both of his consultants feel comfortable with the project moving forward. Mr. Brann confirmed that the Town as well as Pima County Flood Control approved the design plan. Mayor Honea asked whether the earth moving would take place with the actual structural part of the building and before the LOMR was issued. Mr. McCallister inaudible reply. Council Member Bowen asked whether Mr. McCallister has experience working with FEMA the timelines of the approval process by FEMA. Mr. McCallister stated his experience in the past with FEMA is that they have 90 days to respond, as that is the rule. However, that was pre-pandemic. He is not sure what the timelines are now. Council Member Bowen commented stating Mr. McCallister has five months of dirt to move; however, if Council approves this, then shortly after McCallister could begin building. Mr. McCallister stated that he would still have to apply for a building permit. Council Member Bowen stated the project could stop if approval is not provided. Mr. McCallister confirmed stating that is true. Council Member Comerford asked for clarification of Mr. Brann stating if the Town provides the permit for them to go in and blade the property and get the drainage area ready, what happens if FEMA denies the applicant. She asked whether the Town would then have a piece of scraped-off land to contend. Mr. Brann stated yes. The permit would be the grading permit, which is more than grading. It would also be other structural types of site improvements allowed under the type 2 grading permit. It would preclude going vertical on the building. Council Member Ziegler commented stating as much as she would like to see this project move forward, FEMA is the same organization that put nearly the entire Town of Marana in a floodplain. It took Marana enlisting senators such as Gabby Gilford and $300,000 from the Town, and took a year before FEMA would remove Marana out from the floodplain. She does not have a high confidence as to the timeliness of the CLOMR due to the pandemic. She does not believe the 90-day timeline will occur, and does not believe the Town wants to take on that type of risk. She understands that Mr. McCallister is willing to take on that risk; however, the collateral damage will be greater for the Town. She would not be in support of this as the collateral damage would be too much for the Town if something should happen to Mr. McCallister's company. Board Member Bowen moved and Board Member Comerford second the motion to deny the floodplain variance. Motion passes unanimously, 7-0. Regular Council Meeting Summary Minutes 08/18/2020 COUNCIL ACTION Al Public Hearing on proposed La Puerta Del Norte East Annexation, located south of Coachline Boulevard, north of Linda Vista Boulevard, and east of Silverbell Road (Jane Fairall) [6:55 PM Minutes:] Mayor Honea opened the public hearing to receive testimony on this item. Deputy Town Attorney Jane Fairall provided an overview of this item stating Council held a Study Session Meeting on July 21 to discuss the proposed annexation. The blank petition was recorded on July 28. By law, the public hearing must occur not less than 20 days and not more than 30 days after the recording of the blank petition. As required by law, notice of this public hearing was timely published in the newspaper, posted in the proposed annexation area, and mailed to the Chairman of the Pima County Board of Supervisors, as well as to all property owners in the proposed annexation area. The official annexation map and a contest map of the proposed annexation area were included with this item as backup materials. No action is required at the conclusion of this public hearing. Members of the public are present to provide comment on the proposal by KB Home to develop a 150-lot single story residential subdivision in the proposed annexation area. Ms. Fairall stated the map shown only applies to section C as the proposed annexation area. The following individuals provided comments on this item either in person or by email to the Town Clerk's Office. Mark Johnson spoke in opposition of this item for reasons provided in his letter from the Tortolita Alliance dated, August 15, 2020. Nancy Ernst spoke in support of the Tortolita Alliance position regarding this item. Carolyn Campbell spoke in opposition of this item as provided in her letter to the Mayor and Town Council. Joy White spoke of the meeting with Mayor Honea and Council Member Ziegler in her home. She and members of her community are opposed to the proposed project going forward. Bill Ohl spoke in opposition of the proposed annexation and KB Housing project moving forward as there will be impacts to the traffic movement, animals and the historic nature of the area. Regular Council Meeting Summary Minutes 08/18/2020 Ken Larkin commented on the meeting with Mayor Honea and Council Member Ziegler stating he opposes any home development coming into his neighborhood. James Meyer commented on the past flooding events and hurricane that produced an extraordinary amount of rain. It will likely happen again in the future. Council Member Ziegler asked the individuals representing KB to identify themselves for the record. AttorneyRoryJuneman, Lazarus & Silvyn, P.C.; KB Homes Representatives Project Manager Briana Rader, Forward Planning Manager Kelly Lee, and Director of Land Acquisition &Entitlements Andrew Gasparro. Anthony Paashaus commented on past actions in the valley. There used to be a buffer zone that prevented the stripping of the dessert or the foothills. This disappeared due to Councils (such as this one) that changes everything. If the Town does not receive any benefit from this project, then why allow the project to move forward. He commented on the destruction of the dessert, animals and trees by allowing development. We need to respect the dessert. [7:15 PM: Minutes] Mayor Honea closed the meeting to receive public testimony on this item. Council Member Ziegler asked for clarification on the area in question on the map. She wanted to ensure the location on the map that certain areas would not be developed. Ms. Fairall provided clarification of the location. Mr. Juneman commented on the map that Council Member Ziegler asked for clarification. He stated the objective is to preserve the space that is north of Coachline, and part of their variance, as open space. South of Coachline area C in green is the annexation area. Areas A and B on the map will be preserved as open space. A2 Resolution No. 2020-085: Relating to Real Estate; vacating that public right-of- way located south of the Santa Cruz River and north of the Central Arizona Project canal and dedicated to the Town in 2004 by Deed of Dedication from B.K.W. Farms, Inc. (Jane Fairall) Ms. Fairall provided an overview of this item stating in 2004, the Town received a Deed of Dedication from B.K.W. Farms, Inc., dedicating 17.050 acres of right-of-way located immediately north of the Central Arizona Project canal and south of the Santa Cruz River for a possible future public roadway to connect Tangerine Road to Avra Valley Road. The BKW Deed of Dedication included a reversionary clause, automatically reverting title to the right-of-way back to B.K.W. Farms if the connecting roadway is not constructed on or before June 2024. The Town has no plans to build the connecting roadway in the location dedicated by BKW Deed of Dedication, and certainly not by June 2024. Any future road connecting Regular Council Meeting Summary Minutes 08/18/2020 Tangerine Road to Avra Valley Road will likely extend more directly south from the Town's existing unused right-of-way through the Tangerine Commerce Park property near the existing Ventana Medical building, across the Santa Cruz River, and south to Avra Valley Road. Any future connecting road will not run parallel to the north edge of the CAP canal, which is where the BKW Deed of Dedication's right-of-way is located. Normally, Town staff would just recommend that the Council do nothing and allow the automatic reversion clause in the BKW Deed of Dedication to BKW Deed to take care of it. The Town has received an application for a license to construct a conveyor belt across the connecting road right-of-way, so abandoning it will avoid the need to prepare and manage a license agreement now and terminate the license agreement in 2024. By law, this abandonment can be accomplished without the payment of compensation, because B.K.W. Farms dedicated the right-of-way to the Town at no cost as a condition of development in 2004 and the reversionary clause makes the value of the right-of-way nominal. Vice Mayor Post t moved and Council Member Ziegler second the motion to adopt Resolution No. 2020-085, vacating that public right-of-way south of the Santa Cruz River and north of the Central Arizona Project canal that was dedicated to the Town in 2004 by Deed of Dedication from B.K.W. Farms, Inc. Motion passes unanimously, 7- 0. A3 Resolution No. 2020-086: Relating to Real Estate; vacating that Marana Main Street public right-of-way associated with a driveway turnout located along the frontage of the new Northwest Fire District Administration Building parcel (Jane Fairall) Ms. Fairall provided an overview of this item stating The new NWFD Administration Building parcel, located immediately north of Station 36, is served by a driveway turnout from Marana Main Street. NWFD has decided to access the Administration parcel from the south, through Station 36, and has requested that the 1,518 square foot area of public right-of-way associated with the driveway turnout be abandoned. If approved, this resolution will accomplish the requested abandonment. The legal description and depiction of the driveway turnout right-of-way is attached as Exhibit A to the proposed Quit Claim Deed of Abandonment, in the backup materials for this item. Council Member Kai moved and Council Member Ziegler second the motion adopting Resolution No. 2020-086, vacating the Marana Main Street public right-of-way associated with a driveway turnout located along the frontage of the new Northwest Fire District Administration Building parcel. Motion passes unanimously, 7-0. Regular Council Meeting Summary Minutes 08/18/2020 A4 Resolution No. 2020-087: Relating to Utilities; approving and authorizing the Mayor to sign the Intergovernmental Agreement between the Cityof Tucson and the �' Town of Marana relating to the Delivery of Central Arizona Project Water (Scott Schladweiler) Water Direct Scott Schladweiler provided a PowerPoint overview of this item stating Marana Water and Tucson Water staff have negotiated an"Intergovernmental Agreement between the City of Tucson and the Town of Marana relating to the Delivery of Central Arizona Project Water," more commonly referred to as the "Tucson Water Wheeling IGA." This IGA will facilitate the wheeling of a portion of Marana Water's allocation of Central Arizona Project water through Tucson Water's potable water delivery system to locations of interconnection to Marana Water's service area in the Marana town limits. (A copy of the presentation is on file in the Town Clerk's Office.) Current Water Service in Marana: Big Gaps • Map of the area is on file in the Town's Clerk Office • Yellow borders/cross-hatch = contracted TW areas (no issues) • Dark brown = served by MW (no issues) • Dark blue = served by TW with current IGA; MW provides water resources (no issues) • Wheeling IGA = allows MW to serve tan & light blue areas that can be reached with TW infrastructure Proposed Wheeling IGA • Deliver portion of Marana's CAP allocation (wet water) to Tucson Water's underground storage facilities (SAVSARP and CAVSARP) o Demands estimated and ordered annually • Water is pumped and delivered to the points of connection via Tucson Water infrastructure o Recovered water through Tucson Water's wells • Applies to areas within Marana town limits regardless of service area • Blanket agreement; can be applied to multiple areas • Marana will sign off on assured water supply; Water supply will be permanent for each development • Tucson Water will verify that they can meet the demands of the proposed development; Identify any infrastructure improvements required • Point(s) of connection will be a valve or location decided by the Directors (or designees) • All infrastructure and customers within development will be Marana Water's • Customer meters will serve as billing meters • Will be reliant on Tucson Water for water service reliability and water quality • May create satellite water systems o Proposed Project: Silverbell Gateway o Hazra Property Regular Council Meeting Summary Minutes 08/18/2020 Proposed Wheeling IGA: Costs • Marana will pay $499.89 per acre foot to store and deliver Marana's CAP water • Additional unique power costs will apply to specific developments for areas in higher elevation Example: — 163 unit development — Assuming 2.7 pph, 100 gpcpd, and 163 units — No additional power costs — 48.6 acre feet per year, or $24,305.76 per year — $1.53/1000 gallons • Cost recovery — Separate line on water bill — Online map for future customers • Will not collect Marana infrastructure impact fees; Only water resource development impact fee The memorandum included describes the methodology used to determine the volume charge (or wheeling rate) for delivery of wheeled CAP water to Oro Valley, and was similarly used to determine the rate for Marana Water. Council Member Bowen asked what the average amount of the water utility bill for a resident. Mr. Schladweiler replied stating Marana has a tiered rate structure that goes from zero to 10,000, 10,000 to 20,000 and 20,000 to 30,000. Our first tier is $3.15/1,000 gallon. The average residential customer uses approximately 7,000 gallons it would be less than$11/month per billing. It is a flat fee, not a tiered fee amount. Council Member Kai inquired about the amount less than $500 breaker foot with the City of Tucson he asked whether the Town could cap that amount or limit the increases, or whether Marana is at the whim of Tucson. Mr. Schladweiler stated in 10 years, Marana could re-evaluate the agreement; that we are locked in for 10 years. Unless there are other locations that have power costs, the $499 will remain in effect for 10 years without change. Mayor Honea opened the meeting to receive public comments on this item. The below individuals provided comments on this item. Mark Johnson spoke in opposition of this item as provided in his email communication to the Mayor and Council. He requested Council defer making a decision on this item as he and the Tortolita Alliance have many questions that they would like to address as this item has come forward quickly. Council Member Kai responded to Mr. Johnson comments stating the Wheeling Agreement is the same Wheeling Agreement that Metro Water and Oro Valley Water has in effect for the past 15 to 20 years. Metro Water had to be able to use their allocation of CAP water. All of that water goes down to CAVSAR to the cities a Regular Council Meeting Summary Minutes 08/18/2020 recharge basin. The city pumps that water out and it is put into the city line to Metro or Oro Valley Water. This same thing will occur for the Town of Marana. Marana will put its CAP water with recharge with the City of Tucson, and that water will be delivered to Marana at the $499 per acre-foot. Council Member Kai moved and Council Member Bowen second the motion adopt Resolution No. 2020-087, approving and authorizing the Mayor to sign the Tucson Water Wheeling IGA. Motion passes unanimously, 7-0. A5 Resolution No. 2020-088: Relating to Utilities; approving and authorizing the Mayor to sign a protected facility agreement for the Artesiano water main (David L. Udall) Associate Town Attorney David Udall provided an overview of this item stating the Artesiano water main is located along Artesiano Road, which is just north of Ina Road and west of Wade Road. This agenda item presents a protected facility agreement for the Artesiano water main pursuant to Marana Town Code Section 14-4-3. In 2018, George F. and Graciela Z. Garcia paid the Town to construct the water infrastructure necessary to serve their property, including a water manifold oversized to reasonably serve other new water customers in the same water pressure zone. If Council approves this agreement, it will provide for fair-share reimbursement to the Garcia's from other new water customers in the same water pressure zone for a period of 15 years or until the Garcia's receive their total reimbursement under the terms of the agreement, whichever happens first. This reimbursement is accomplished with an "oversizing recovery charge," authorized by Marana Town Code section 14-4-3 (C). The agreement requires the Town to reimburse the oversizing cost as additional water connections are made, and costs are recovered, for the Artesiano protected main. The total reimbursement is currently estimated to be $19,929.36. Mayor Honea open the meeting to receive comments on this item. The following persons came forward to provide comments. Lynn Drake asked for clarification of the area as well as the benefit to the Garcia's of the agreement. He asked if he were to tap into the service line, would he have to pay the entire amount of the $19,929.36. Mr. Udall responded stating the way that the reimbursement would work there is a charge that is assessed, approximately $830.39 for any new connection into the line. That Mr. Drake would not be responsible for the remaining construction cost. Any other new customers wishing to tie into the line would also have to pay the $830.39. Mr. Schladweiler stated if Mr. Drake wanted to extend the water main, there a few ways it could be handled. He explained that process to Mr. Drake. George Garcia commented on the letter and stated he and his wife began to receive many questions on this matter. He is in the middle of a home build in that area. Their Regular Council Meeting Summary Minutes 08/18/2020 sole intent for getting water supply to their property was so that the bank would work with them on a construction loan. Receiving reimbursed was a pleasant surprise to him and his wife. However, working with the Marana Water Department was not the most pleasant to get this water main installed to their home. As was stated, a resident could elect to hire his or her own contractor. When he met with the Water Department staff on this design, a contractor met with them out there. He stated he was told by the Water Department that they were going to use that contractor. He had asked a question about using his own general contractor. Vice Mayor Post, moved and Council Member Officer second the motion adopting Resolution No. 2020-088, approving and authorizing the Mayor to sign the protected facility agreement for the Artesiano water main. Motion passes unanimously, 7-0. A6 Resolution No. 2020-089: Relating to Personnel; approving and ratifying the Temporary Personnel Policy - Families First Coronavirus Response Act (FFCRA) (Curry C. Hale) Human Resource Director Curry Hale provided a PowerPoint presentation on the Temporary Personnel Policy - Families First Coronavirus Response Act (FFCRA), and provided below. (A copy of the presentation is available on file in the Town Clerk's Office for review.) Background: • March 13, 2020 - the United States government declared a National Emergency related to the COVID-19 pandemic • March 17, 2020 -Council adopted Resolution No. 2020-029, approving a temporary personnel policy regarding employee leave and telework during the COVID-19 pandemic • Resolution authorized the Town Manager to implement further revisions to the temporary policy as necessary in response to the evolving nature of the emergency • March 18, 2020 - the Families First Coronavirus Response Act (FFCRA) was signed into law • Provides protected leave under the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA) to assist employees during the Coronavirus pandemic • Effective April 1, 2020 through December 31, 2020 • April 1, 2020 - Town Manager implemented an Addendum to Temporary Personnel Policy Regarding Employee Leave and Telecommuting, Temporary Personnel Policy - Families First Coronavirus Response Act (FFCRA) Emergency Paid Sick Leave Act (EPSLA) • Entitlement ➢ Up to 80 hours of Emergency Paid Sick Leave when employee is unable to work or telework for any of the qualifying reasons Regular Council Meeting Summary Minutes 08/18/2020 • Qualifying Reasons for Emergency Paid Sick Leave ➢ The employee is subject to a quarantine due to concerns related to COVID-19 or is subject to any order from the government requiring the employee not to leave the employee's residence. ➢ The employee has been advised by a health care provider to self- quarantine due to concerns related to COVID-19. ➢ The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. ➢ The employee is caring for an individual who is subject to an order as described in the previous slide or for an individual who has been advised as described in the previous slide. ➢ The employee is caring for their son or daughter if the school or place of care of the son or daughter has been closed, or the childcare provider of the son or daughter is unavailable due to COVID-19 precautions. ➢ The employee is experiencing any other substantially similar condition as specified by the United States Secretary of Health and Human Services (HHS). • Compensation ➢ For qualifying reasons related to employee's own condition, Emergency Paid Sick Leave is compensated at the same hourly rate as the employee normally earns during hours worked ➢ For qualifying reasons related to caring for another, childcare issues, or other similar circumstance as determined by HHS, Emergency Paid Sick Leave is compensated at 2/3 employee's normal pay • Entitlement ➢ All Town employees who have been employed at least 30 calendar days are entitled to up to 12 weeks of Expanded Family and Medical Leave between April 1, 2020 and December 31, 2020 ➢ Leave counts toward normal FMLA entitlement of 12 weeks • Qualifying Reasons for Expanded Family and Medical Leave ➢ The employee is unable to work or telework due to a need to care for their child whose school or place of care has been closed, or whose child care provider is unavailable due to COVID-19 • Compensation ➢ First 2 weeks (or 80 hours) of Expanded FML is unpaid leave, but eligible employees may substitute Emergency Paid Sick Leave ➢ Next 10 weeks (or 400 hours) paid at 2/3 of an employee's regular rate of pay Specific Decision Points: Regular Council Meeting Summary Minutes 08/18/2020 ➢ Allow eligible employees to use EFMLEA intermittently ➢ Department Head may revoke the approval at any time based on changing operational needs ➢ Allow eligible employees to use any accrued leave for the remaining 1/3 of the employee's regular rate of pay to receive full pay ➢ Allow emergency responders (Police Officers & Dispatchers) to be eligible for childcare-related leave on a case-by-case basis ➢ Town Manager or Police Chief may revoke the leave at any time based on changing operational needs Vice Mayor Post commented on the 30 days stating that appears to be difficult or short to then receive 12 weeks of leave. He asked where that number came from. Mr. Hale replied stating, that is according to federal law. Marana does not have a say about the number of weeks it is set by the government. Vice Mayor Post stated most of these, aside from the Police Department, are federal law. Mr. Hale stated outside of the decision points everything within the presentation is mandated by the federal government. Council Member Bowen moved and Vice Mayor Post second the motion to adopt Resolution No. 2020-089, approving and ratifying the Temporary Personnel Policy - Families First Coronavirus Response Act(FFCRA). Motion passes unanimously, 7-0. A7 Resolution No. 2020-090: Relating to Elections, declaring and adopting the results of the Town of Marana primary election held on August 4, 2020 (Cherry L. Lawson) Town Clerk Cherry Lawson provided a brief overview of the Town of Marana Primary Elections results of August 4, 2020 stating pursuant to A.R.S. 16-646, the governing body of a city of town must enter on the official record of the city or town the official canvass of the votes after a primary or general election. Per A.R.S. 16-642, this must take place not less than six days nor more than 20 days following the election. At the time the packet was released, the Clerk's Office had not received the full scope of the Official Canvass. However, the canvass was provided to Council as well as recompiled within the Council Packet for review by the public. Staff recommends Council adopt Resolution No. 2020-099 that approves the Official Canvass of the vote for the Primary Election held on August 4, 2020. Council Member Kai moved and Council Member Bowen second the motion adopting Resolution No. 2020-090, declaring and adopting the results of the Town of Marana Primary Election held on August 4, 2020. Motion passes unanimously, 7-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION Regular Council Meeting Summary Minutes 08/18/2020 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) Mr. Angell provided an updated to the public and private projects, and development applications occurring in the Town of Marana as provided on the Town's website under Current and Proposed Projects. D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta) Mr. Mehta reported on the below legislative and government items: FEDERAL: Congress has not agreed upon a federal stimulus package at this time. In response to this, the President issued an Executive Order to address multiple items, including: • Enhanced unemployment benefits for those on Unemployment Insurance. It would be an additional $300/week for eligible claimants. This item is moving forward. • Details about a Payroll Tax Holiday, assistance to homeowners and renters, and extending student loan payment relief. However, the details of these three elements have yet to be released. STATE Commercial Reopening Benchmarks: The Governor's Office recently released "reopening benchmarks" that would un-pause establishments that were halted by EO 2020-43 and 2020-52 (bars, gyms, clubs, etc.) in a phased approach. • Each set of benchmarks uses a combination of total cases, percent positivity, and COVID-like illness to place a county in a designation of"Substantial," "Moderate" or "Minimal" cases, and each business type may open in accordance with that designation. • As an example, if Pima County meets the benchmarks to be designated "Moderate": Gyms may reopen at 25% capacity, theaters may operate at 50% capacity, bars and nightclubs with food permits may operate at 50% capacity (with other requirements), and bars and nightclubs w/o food permits remain closed. Regular Council Meeting Summary Minutes 08/18/2020 There is no special session in sight, to address any outstanding or necessary legislation at this time. BILL TRACKING No bills are being tracked right now; however, we are monitoring four (4) propositions that may be on the ballot in November, including recreational marijuana, Criminal Justice Reform, Pay Increases for Medical Workers, and Invest in Ed. As information comes forward, he will provide Council with an update. Mayor Honea stated he spoke with Senator Leach who had indicated that they would like to schedule an emergency session meeting of the legislatures in order to address some of the issues. The group at the legislature cannot agree on anything. Several of the senators and representatives have tried to meet with the governor; however, they are not having much luck there. The governor has been busy, so meetings have occurred with his staff. The governor has been conducting news conferences every Thursday, and everyone waits in anticipation that something else will be closed. Marana does not have the authority to do anything without the governor's approval. 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 ask 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 8:12 PM. Regular Council Meeting Summary Minutes 08/18/2020 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeti : held on August 18, 2020. I further certify that a quorum was present. Cherry L. La son, Town Clerk MARANA AZ ESTABLISHED 1977 Regular Council Meeting Summary Minutes 08/18/2020