HomeMy WebLinkAbout2/17/2015 Council Agenda PacketM
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MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, February 17, 2015, at or after 7:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
Pursuant to A.R. S. § 3 8- 431.02, notice is hereby given to the members of the Marana Town
Council and to the general public that the Town Council will hold a meeting open to the public on
February 17, 2015, at or after 7:00 PM located in the Council Chambers of the Marana Municipal
Complex, 11555 W. Civic Center Drive, Marana, Arizona.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items
appear in italics.
As a courtesy to others, please turn off or put in silent mode all pagers and cell phones.
Meeting Times
Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the
first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the
date or time may change and additional meetings may be called at other times and /or places.
Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be
revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of
this agenda.
Speaking at Meetings
If you are interested in speaking to the Council during the Call to the Public or Public Hearings,
you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it
to the Town Clerk prior to the convening of the meeting.
Marana Regular Council Meeting 02/17/2015 Page 1 of 68
All persons attending the Council meeting, whether speaking to the Council or not, are expected to
observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct.
Any person interfering with the meeting in any way, or acting rudely or loudly will be removed
from the meeting and will not be allowed to return.
Accessibility
To better serve the citizens of Marana and others attending our meetings, the Council Chambers
are wheelchair and handicapped accessible. Persons with a disability may request a reasonable
accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520)
3 82 -1999. Requests should be made as early as possible to arrange the accommodation.
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the Council
Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas,
Minutes and Recent Actions. For questions about the Council meetings, special services or
procedures, please contact the Town Clerk, at 382 -1999, Monday through Friday from 8:00 AM to
5:00 PM.
This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana
Municipal Complex, 115 5 5 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina
Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent
Actions.
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue
within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing
at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to
address the Council must complete a speaker card located outside the Council Chambers
and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals
addressing a meeting at the Call to the Public will not be provided with electronic
technology capabilities beyond the existing voice amplification and recording capabilities in
the facilities and the Town's overhead projector /document reader. Pursuant to the Arizona
Open Meeting Law, at the conclusion of Call to the Public, individual members of the
Council may respond to criticism made by those who have addressed the Council, and may
ask staff to review the matter, or may ask that the matter be placed on a future agenda.
PROCLAMATIONS
Marana Regular Council Meeting 02/17/2015 Page 2 of 68
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are generally
routine items not requiring Council discussion. A single motion and affirmative vote will
approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a
motion to approve the Consent Agenda, any Council member may remove any item from
the Consent Agenda and that item will be discussed and voted upon separately.
C 1 Resolution No. 2015 -016 Relating to Real Property; approving and authorizing the
Mayor to execute the Town of Marana Lease Agreement with Pacheco Farm
Management and Consulting Co., for the lease of approximately 45.82 acres of
Town -owned property abutting the east boundary of the Marana Wastewater
Reclamation Facility (Frank Cassidy)
C 2 Resolution 2015 -017: Relating to Community Development; approving and
authorizing the Town Manager to execute an agreement with the Pima Association
of Governments (PAG) for public art funding for the Summer Youth Transportation
Art Program from 2015 through 2019 (Lisa Shafer)
C 3 Resolution No. 2015 -018: Relating to Real Estate; reclassifying and designating
certain Town -owned land adjacent to Crossroads at Silverbell District Park as
Mamie Kai Drive and Benet Drive public right -of -way; and designating an effective
date (Keith Brann)
C 4 Approval of February 3, 2015 Regular Council Meeting Minutes and February 10,
2015 Special Council Minutes
(Jocelyn C. Bronson)
LIQUOR LICENSES
L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a special event liquor license application submitted
by Esperanza T. Rodriquez on behalf of Marana Heritage Conservancy for 2015
Founders Day to be held on March 7, 2015 at Ora Mae Harn Park, Marana, Arizona
85653 (Jocelyn C. Bronson)
BOARDS, COMMISSIONS AND COMMITTEES
Marana Regular Council Meeting 02/17/2015 Page 3 of 68
B 1 Relating to Boards, Commissions and Committees; discussion, consideration and
possible direction regarding recommendations from the Winter 2015 Marana
Citizens' Forum regarding the topic "How to engage the community in enacting the
Strategic Plan III." (Jocelyn C. Bronson)
B 2 Resolution No. 2015 -019: [The Town Council acting as the Floodplain Board]
Relating to Floodplain Management; granting a variance to Marana Land
Development Code Title 21 (Flood Plain and Erosion Hazard Management Code)
for property located at 6401 West Marana Center Boulevard (Keith Brann)
B 3 Relating to Development: [The Town Council acting as the Floodplain Board]
Relating to Floodplain Management; report to Floodplain Board and order, as
required by the Marana Land Development Code and Federal Regulations,
concerning a floodplain violation on property located at 13561 N. Sandra Road
(Keith Brann)
COUNCIL ACTION
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D 1 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 (Gilbert Davidson)
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.
E 1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any
matter listed on this agenda.
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
Marana Regular Council Meeting 02/17/2015 Page 4 of 68
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C? RANA -P
115 5 5 W. CIVI C CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3
To: Mayor and Council
From: Frank Cassidy, Town Attorney
Date: February 17, 2015
Strategic Plan Focus Area:
Not Applicable
Item C 1
Subject: Resolution No. 2015 -016 Relating to Real Property; approving and authorizing the
Mayor to execute the Town of Marana Lease Agreement with Pacheco Farm
Management and Consulting Co., for the lease of approximately 45.82 acres of
Town -owned property abutting the east boundary of the Marana Wastewater
Reclamation Facility (Frank Cassidy)
Discussion:
As part of the wastewater settlement, the Town acquired land within the 1000 -foot setback area
surrounding the Marana Wastewater Reclamation Facility. At the time, Pima County was leasing a
portion of the property to Pacheco Farm Management and Consulting Co., so Pima County
assigned the lease for the Town -owned portion of the property to the Town.
The south 150' of the leased premises were removed from the lease with a partial termination
issued by the Utilities Department in late 2013 to accommodate the installation of a monitoring
well and other activities associated with the upcoming construction of a constructed recharge
facility on the property.
As modified by the partial termination, the Pacheco lease expires on March 2, 2015, and the parties
now desire to enter into a new one -year lease with the same lease terms as the former lease
(modified to reflect the reduced acreage and a proportionate reduction in rent).
This lease has a 30-day cancelation provision which allows termination as soon as construction of
the new recharge facility occurs. The Utilities Department will coordinate the termination of this
lease with the planting and harvesting schedule of Pacheco Farm Management and Consulting Co.,
to assure as little interference with farming operations as possible.
Marana Regular Council Meeting 02/17/2015 Page 5 of 68
Financial Impact:
Until the lease is terminated to accommodate the construction of the recharge project, the Town
will continue to receive annual revenues of $3,255 from this lease.
Staff Recommendation:
Staff recommends adoption of Resolution 2015 -016, approving and authorizing the Pacheco Farms
lease.
Suggested Motion:
I move to adopt Resolution 2015 -016, approving and authorizing the Pacheco Farms lease.
Attachments: Resolution 2015 -016
211 Pacheco lease
Marana Regular Council Meeting 02/17/2015 Page 6 of 68
MARANA RESOLUTION NO. 2015-016
RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE TOWN OF MARANA LEASE AGREEMENT WITH PACHECO FARM
MANAGEMENT AND CONSULTING CO., FOR THE LEASE OF APPROXIMATELY 45.82
ACRES OF TOWN -OWNED PROPERTY ABUTTING THE EAST BOUNDARY OF THE
MARANA WASTEWATER RECLAMATION FACILITY
WHEREAS the Town of Marana acquired land within the 1000 -foot setback area
surrounding the Marana Wastewater Reclamation Facility as part of the wastewater settlement
with Pima County; and
WHEREAS Pima County was leasing a portion of the property to Pacheco Farm
Management and Consulting Co., when the wastewater settlement occurred; and
WHEREAS the wastewater settlement included Pima County's assignment to the Town
of the portion of the Pacheco Farm Management and Consulting Co. lease located within the
1000 -foot setback area; and
WHEREAS the Town terminated a portion of the lease to accommodate the installation
of a monitoring well in connection with the Town's anticipated construction of a constructed
recharge facility on a portion of the property; and
WHEREAS the lease for the remainder of the property not affected by the partial
termination expires on March 2, 2015, and the parties now desire to enter into a new one -year
lease; and
WHEREAS the Mayor and Council of the Town of Marana find that the best interests of
Marana and its citizens are served by entering into the proposed lease.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Town of Marana Lease Agreement with Pacheco Farm
Management and Consulting Co. attached to this resolution as Exhibit A, for the lease of
approximately 45.82 acres of Town -owned property abutting the east boundary of the Marana
Wastewater Reclamation Facility, is hereby approved, and the Mayor is authorized to execute it
for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the lease.
{00040848.DOCX / 21
Resolution No. 2015 -016 - 1 - 1/30/2015 2:44 PM FJC
Marana Regular Council Meeting 02/17/2015 Page 7 of 68
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 17th day of February, 2015.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00040848.DOCX / 21
Resolution No. 2015 -016 -2- 1/30/2015 2:44 PM FJC
Marana Regular Council Meeting 02/17/2015 Page 8 of 68
WHEN RECORDED, RETURN TO:
Pick Up — Town Clerk
TOWN OF MARANA
fbo Frank Cassidy, Town Attorney
TOWN OF MARANA LEASE AGREEMENT
(PACHEco FARM MANAGEMENT AND CONSULTING CO.)
This Lease Agreement (this "Lease ") is made and entered into by and between the
TOWN OF MARANA, an Arizona municipal corporation (""Landlord"") and PACHECO FARM
MANAGEMENT AND CONSULTING CO., an Arizona general partnership ( " Tenant ").
Landlord and Tenant are sometimes collectively referred to as the "Parties," either of
which is sometimes individually referred to as a "Party."
1. Premises. Landlord is the owner of the property located in Pima County, Arizona,
as depicted in Exhibit "A" attached (the "'Premises").
2. Existing Lease. The Parties have an existing lease for the Premises that expires on
March 2, 2015. The purpose of this Lease is to establish a new lease between the Parties,
beginning upon the expiration of the existing lease. Nothing in this Lease modifies or
affects the existing lease or the rights of the Parties under it.
3. Lease. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases
the Premises from Landlord, under the terms and conditions and for the purposes set
forth in this Lease.
4. Term. The term of this Lease shall be for one year commencing March 3, 2015,
unless terminated pursuant to Paragraph 23 of this Lease. This Lease shall be reviewed
90 days before the end of the term, at which time the Parties will agree whether to
terminate or continue this Lease for an additional one -year term. Renewal shall be by
written amendment, signed by both Parties.
5. Rent. Tenant shall pay Landlord rent of $3,255 per year. Tenant's first rent
payment is due on March 3, 2015. If this lease is extended, each subsequent year's rent is
due annually on March 3 during any extension of this Lease. If rent is not paid within
15 days of the due date, a $250 late charge shall be assessed and due and payable with
rent.
6. Tenant's Use of the Premises. Tenant may use and occupy the Premises for
agricultural use (the "Permitted Activities ").
(A) Expense of Tenant. Tenant shall conduct all of its operations at the Premises
at its own expense and without contribution from Landlord. Tenant shall not
Marana Regular Council Meeting 02/17/2015 Page 9 of 68
suggest, state or imply that Landlord will participate, guarantee or otherwise assist
in any financial obligation undertaken by Tenant with respect to its operations on
the Premises.
(B) Hours of Operation Tenant may conduct Permitted Activities on the
Premises 24 hours a day.
(C) Compliance with Laws Tenant shall comply with all applicable federal, state,
and local laws, statutes, ordinances, rules, regulations, standards, policies, and
executive orders with respect to its operations on the Premises.
(D) Alcohol Prohibited Possession, consumption, or sale of alcoholic beverages
shall not be permitted on the Premises. No exceptions shall be permitted.
7. Improvements to Premises. All improvements, made to the Premises by Tenant
must receive the prior written approval of Landlord, to whom Tenant shall submit
detailed plans and specifications. Improvements shall be constructed in a good and
workmanlike manner using new materials, in compliance with the approved plans and
specifications and with all applicable laws, rules, and regulations, including all
applicable building, electrical and other codes.
8. Concessions. With the exception of one or more vending machines, Tenant may
not operate concessions or food services on the Premises.
9. Condition of Premises/Maintenance & Repairs. Tenant accepts the Premises in
an "as is" condition. Tenant shall maintain the Premises at all times hereunder in a
good, clean, safe and sanitary condition, at its sole cost and expense, including making
any necessary repairs or replacements of improvements thereon, and shall leave the
Premises, upon the expiration or earlier termination of this Lease, in a condition at least
as good as upon the Effective Date, reasonable wear and tear excepted.
10. Utilities. Tenant shall pay the cost of all utilities used in connection with its
operation of the Premises.
11. Signs. Tenant may affix and maintain upon the Premises such signs relating to
the services provided on the Premises as Tenant deems appropriate; provided,
however, if such signs are visible outside of the Premises, such signs must have first
received the written approval of Landlord as to type, size, color, location, copy nature
and display qualities; provided further, however, that all signs utilized by Tenant on or
about the Premises, whether visible outside the Premises or not, shall at all times
comply with the Marana Land Development Code, and shall be installed and
maintained at Tenant's sole cost.
12. Environmental. Tenant shall not cause or permit any hazardous or toxic
substance or material to be brought upon, kept, or used in or about the Premises by
Tenant, its agents, employees, contractors or invitees. Tenant shall fully comply with all
environmental rules and regulations with respect to its operations on the Premises and
shall remediate and clean up any contamination of the Premises occurring during the
term of this Lease.
Marana Regular Council Meeting 02/17/2015 Page 10 of 68
13. Entry by Landlord. Landlord may enter the Premises at reasonable times to
inspect the Premises and Tenant's operations on the Premises.
14. Security. Tenant shall be responsible for the securing the Premises and
preventing any unlawful or unauthorized use of the Premises. When the Premises are
not open to the Public, they shall be secured in order to prevent unsupervised use or
entry into the Premises. Tenant shall contact law enforcement authorities when it
appears necessary to protect the Premises and any persons or property on the Premises,
and it shall assist in any resulting prosecution.
15. Insurance.
(A) Types of Insurance Required Tenant shall procure, prior to the Effective
Date, and maintain throughout the term of this Lease, the following insurance from
an insurance company or companies approved by Landlord:
(1) Commercial General Liability insurance with coverage at least as broad as
ISO form CG 00 01 in an amount not less than $1,000,000, covering the
Premises, endorsed to include the Town of Marana as an additional
insured with coverage at least as broad as ISO form CG 2010.
(2) Automobile liability insurance covering all vehicles used on the Premises,
with limits not less than $1,000,000 combined single limit.
(B) Certificates Tenant shall provide Landlord with copies of certificates of
insurance showing the current status of all insurance policies and with copies of all
additional insured endorsements. In addition, Tenant shall provide full, certified
copies of all required insurance policies when requested by Landlord in writing.
Tenant shall give Landlord written notice of cancellation, non - renewal, or material
change of any insurance policy not later than five calendar days after Tenant
becomes aware of same. Landlord shall be an "additional insured" on all liability
insurance policies.
(C) Changes to Insurance Requirements Landlord may review the coverage,
form, and amount of insurance required under this Lease at any time. Landlord shall
notify Tenant in writing of any changes to the aforesaid insurance requirements, and
Tenant shall have 60 days to comply with the requirements as changed.
16. Indemnification. To the fullest extent permitted by law, Tenant shall defend,
indemnify, and hold harmless Landlord, its officers, agents, and employees, from and
against any and all claims, liabilities, losses, damage, cost and expense, including but
not limited to reasonable attorneys' fees and/or litigation expenses, arising out of or
resulting from the conduct or management of the Premises, or any accident, injury,
damage, or violation of law whatsoever occurring in or at the Premises allegedly caused
in whole or in part by any act or omission of Tenant or anyone directly or indirectly
employed by it, its agents, representatives, contractors, subcontractors, licensees, or
anyone for whose acts it may be liable, regardless of whether it is caused in part by the
negligent act or omission of Landlord or any of its officers, agents, or employees. To the
Marana Regular Council Meeting 02/17/2015 Page 11 of 68
fullest extent permitted by law, Tenant shall also indemnify Landlord against any claim,
liability, damage, cost, or expense arising out of the disposal, or release of any
hazardous substance, hazardous waste, hazardous materials, or petroleum products or
by products on, from or under the Premises during the term of this Lease.
17. Tenant not an Agent of Landlord. Tenant is not an agent of Landlord for any
purpose under this Lease or otherwise. Tenant shall control activities on the Premises,
and Landlord shall not control those activities. Tenant's employees and servants shall
not be under the control of Landlord.
18. Default/Termination.
(A) Immediate Termination of Lease. This Lease may be terminated immediately
by Landlord for any of the following:
(i) Tenant at any time is without the required insurance;
(ii) Tenant violates any law, or permits any unlawful activities to be carried
out on the Premises;
(iii) Tenant takes or fails to take any action and this action or non - action, in
Landlord's sole judgment, causes or exacerbates a threat to the health or safety of
the general public or the users of the facility;
(iv) Tenant creates or permits any waste or nuisance on the Premises;
(v) Tenant permits the consumption of alcohol on the Premises.
(B) Other Defaults. For any other default, the non - breaching Party may
terminate this Lease only if the breaching party fails to cure the default within 30
days of receiving written notice from the non - breaching Party describing the default,
except that a Party may terminate this Lease if the other Party is guilty of four such
defaults in a 12 -month period, even if each default was cured in a timely manner.
Either Party may pursue any other remedies provided by law for the breach of this
Lease. No right or remedy conferred or reserved is intended to be exclusive of any
other right or remedy, and each shall be cumulative and in addition to any other
right or remedy conferred or reserved in this Lease.
19. Notices. Any notices required under this Lease shall be delivered personally or
by certified mail, directed as follows:
If to Tenant: PACHECO FARM MANAGEMENT AND CONSULTING CO.
Attn: Pat Pacheco
P.O. Box 275
Marana, AZ 85653
If to Landlord: Marana Town Clerk
11555 West Civic Center Drive
Marana, AZ 85653
Marana Regular Council Meeting 02/17/2015 Page 12 of 68
With a copy to: Marana Legal Department
11555 West Civic Center Drive
Marana, AZ 85653
20. Cancellation for Conflict of Interest. This Lease may be cancelled under certain
circumstances for conflict of interest pursuant to A.R.S. § 38 -511.
21. Non - Discrimination. Tenant shall comply with applicable state and federal rules
concerning equal employment opportunity and non - discrimination. Tenant shall
further comply with the Americans with Disabilities Act, to the extent applicable to
Tenant's operation and the Premises.
22. Choice of Law. The laws of the State of Arizona shall apply to any action relating
to this Lease and any court action shall be brought in a court in Pima County, Arizona.
23. Termination. Landlord may terminate this Lease without cause with 30 days
written notice. Tenant may terminate this Lease for any reason with a 30 -day written
notice to Landlord. Upon the termination or expiration of this Lease, or any extension of
it, Tenant shall leave the Premises in a good and clean condition. Tenant shall remove
any Tenant -built or installed improvements prior to vacating the Premises if requested
by Landlord or unless requested to be left in place by Landlord.
24. Personal Property. Tenant shall maintain a current inventory of all items of
personal property owned by Tenant and placed or kept on the Premises by Tenant. Any
items of personal property left on the Premises upon expiration or earlier termination of
this Lease shall become the property of Landlord and may be sold or otherwise
disposed of by Landlord without liability to Tenant.
25. Liens. Tenant shall timely pay all contractors, subcontractors, mechanics,
laborers, or materialmen providing materials or services with respect to the Premises,
and shall not permit any lien to attach to the Premises or any interest in the Premises,
and shall indemnify and defend Landlord against all legal costs and charges resulting
from any such lien.
26. Non - Waiver. The failure of either Party to insist in any one or more instances
upon the full and complete performance of any of the terms and provisions of this
Lease to be performed by the other Party, or to take my action permitted as a result
thereof, shall not be construed as a waiver or relinquishment of the right to insist upon
full and complete performance of the same or my other covenant or condition either in
the past or in the future. The acceptance by either Party of sums less than may be due
and owing to it at my time shall not be construed as an accord and satisfaction.
27. Assignment /Subletting. Any attempted assignment of this Lease by either Party
without prior written consent from the other Party shall be void. This Lease shall be
binding on my and all successors and assigns of Landlord and Tenant. Tenant shall not
sublet any portion of the Premises without the prior written consent of Landlord, which
consent may be given conditionally.
Marana Regular Council Meeting 02/17/2015 Page 13 of 68
28. Entire Agreement. This Lease shall constitute the entire contract between
Landlord and Tenant with respect to the Premises and no modification of this Lease
shall be binding unless in writing and signed by both Parties.
IN WITNESS WHEREOF, the Parties have executed this Lease as of the last date set
forth below their respective signatures.
"LANDLORD": ""TENANT"":
TOWN OF MARANA, an Arizona municipal PACHECO FARM MANAGEMENT AND
corporation CONSULTING CO., an Arizona general
partnership
0
Ed Honea, Mayor
Date:
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
State of Arizona )
ss
County of Pima )
Pat Pacheco
Date:
The foregoing instrument was acknowledged before me on
by Pat Pacheco, duly authorized partner of PACHECO FARM
CONSULTING CO., an Arizona general partnership, on its behalf.
(Seal)
MANAGEMENT AND
Notary Public
Marana Regular Council Meeting 02/17/2015 Page 14 of 68
Exhibit A
Town of Marana Parcel 208- 09 -010K
49.26 acres total; leased "Premises" 45.82 acres
Legal Description of APN 208- 09 -01OK: The west 1000' of the south 2146' of the southwest quarter of
Section 13, Township 11 South, Range 10 East, containing approximately 49.26 acres
Legal description of Leased "Premises ": The west 1000' of the north 1996' of the south 2146' of the
southwest quarter of Section 13, Township 11 South, Range 10 East, containing approximately 45.82
acres
Marana Regular Council Meeting 02/17/2015 Page 15 of 68
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C? RANA -P
115 5 5 W. CIVI C CENTER DI I - T. KARANA. ARIZ ONA 8 5 6 5 3
To: Mayor and Council
From: Lisa Shafer, Community Development Director
Date: February 17, 2015
Strategic Plan Focus Area:
Community
Item C 2
Strategic Plan Focus Area Additional Info:
This program can assist the Town in meeting the Strategic Plan initiative of Developing a
Town -wide public art program to install and showcase unique pieces reflecting and celebrating the
community.
Subject: Resolution 2015 -017: Relating to Community Development; approving and authorizing
the Town Manager to execute an agreement with the Pima Association of Governments
(PAG) for public art funding for the Summer Youth Transportation Art Program from
2015 through 2019 (Lisa Shafer)
Discussion:
Each year the Town of Marana receives the opportunity from PAG to fund a Summer Youth Art
Program to design, build, and install public art in major transportation corridors. This funding helps
support these activities on an annual basis. Past funding has been used to design and build
neighborhood gateway projects and many of the the mosaic signs throughout the Town. This
program is also referred to as the Transportation Art By Youth (TABY).
On December 31, 2014, the Agreement for Services that serves as the contractual document for
this program expired. The attached is an updated Agreement for Public Art Funding, extending the
program through December 31, 2019.
Financial Impact:
This program will fund 100% of the project, up to $125,000 per jurisdiction. No matching Town
funds are required.
Staff Recommendation:
Marana Regular Council Meeting 02/17/2015 Page 16 of 68
Staff recommends approval of the agreement.
Suggested Motion:
I move to adopt Resolution 2015 -017, approving and authorizing the Town Manager to execute an
agreement with PAG for public art funding for the Summer Youth Transportation Art Program.
Attachments: Resolution 2015 -017
Agreement for Public Art Funding
Marana Regular Council Meeting 02/17/2015 Page 17 of 68
MARANA RESOLUTION NO, 2015-017
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE PIMA ASSOCIATION OF
GOVERNMENTS (PAG) FOR PUBLIC ART FUNDING FOR THE SUMMER YOUTH
TRANSPORTATION ART PROGRAM FROM 2015 THROUGH 2019
WHEREAS the Town of Marana currently administers an ongoing Summer Youth Transpor-
tation Art Program to provide youth with employment, training, and experience in creating public
art; and
WHEREAS the Pima Association of Governments (PAG) has set aside, and intends annually
to set aside Highway User Revenue Funds (HURF) for public art projects as part of the Summer
Youth Transportation Art Program commencing the summer of 2015 and continuing each calendar
year thereafter through December 31, 2019; and
WHEREAS the Town Council finds that it is in the best interests of the community to enter
into an Agreement for Public Art Funding with PAG to fund the Summer Youth Transportation Art
Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Agreement for Public Art Funding between the Town of Marana and PAG,
attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and
the Town Manager is hereby authorized to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and objec-
tives of the Agreement.
-1-
Marana Resolution No. 2015 -017
Marana Regular Council Meeting 02/17/2015
Page 18 of 68
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17th day of February, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
-2-
Marana Resolution No. 2015 -017
Marana Regular Council Meeting 02/17/2015
Page 19 of 68
Exhibit A to Resolution 2015 -017
PAG Contract:
AGREEMENT FOR PUBLIC ART FUNDING
THIS AGREEMENT is entered into by and between The Town of Marana, a political
subdivision of the State of Arizona, hereinafter called "Jurisdiction," and the Pima Association
of Governments, an Arizona non - profit corporation, hereinafter called "PAG."
P PCTTAT .0
WHEREAS, Jurisdiction intends to administer a Summer Youth
Transportation Art Program to provide youth with employment, training and
experience in creating forms of public art; and
WHEREAS, PAG intends to contribute Highway User Revenue Funds to
Jurisdiction's Summer Youth Transportation Art Program (the "Program ")
commencing with the summer of 2015 and continuing each calendar year
thereafter throughout the term of this AGREEMENT.
NOW, THEREFORE the Parties agree as follows:
ARTICLE I
TERM AND MAXIMUM AMOUNT:
The term of this AGREEMENT begins on the date of signature by the PAG Executive
Director and terminates on December 31, 2019, unless sooner terminated, or unless further
extended, pursuant to the provisions of Article V of this AGREEMENT. In the fall of each
calendar year, PAG will solicit participation in the Program by notifying all of the
participating jurisdictions of the amount of HURF funds available for the next calendar year.
Jurisdiction shall not undertake any PAG funded work on the Program until PAG issues a
Notice To Proceed (NTP) to Jurisdiction.
The Parties acknowledge that, upon completion and acceptance of the work undertaken
during each year of the Program, Jurisdiction may respond to PAC's solicitation by applying to
continue Program participation during the succeeding year in accordance with PAC's
Transportation Art By Youth Program Policies in effect at the time of application. Annual
preliminary approval and determination of eligibility of Jurisdiction's proposed project(s)
submitted under this Program shall rest with PAC's Transportation Planning Committee
(TPQ. Final approval of Jurisdiction's proposed project(s) rests with the Arizona Department
of Transportation (ADOT). Upon final approval from ADOT, PAG will promptly issue a NTP.
Page 1 of 8
Marana Regular Council Meeting 02/17/2015 Page 20 of 68
Exhibit A to Resolution 2015 -017
The maximum contribution to Jurisdiction by PAG under this AGREEMENT is limited
to $125,000.00. If the Jurisdiction has remaining funds from a previous PAG Program
contract, it may but need not incorporate the balance of such funds into this AGREEMENT.
ARTICLE II
PURPOSE AND WORK STATEMENT:
Jurisdiction will submit each project for approval each year to the PAG
Transportation Planning Committee.
Jurisdiction's Duties:
ARTICLE III
Jurisdiction shall provide the following services:
• Administer the project as approved by the Transportation Planning Committee each
year.
• Recruit youth from economically disadvantaged areas.
• Consult with elected officials and other interested parties in determining the precise
nature and location of the completed project.
• Provide for review and approval of the completed project by the key stakeholders and
decision - makers.
• Assume all responsibilities for the project, including cost and quality control
measures for design and construction, and ownership and maintenance of the final
proj ect.
• Submit a final report to PAG detailing the results of the program for the subject
calendar year.
• Submit confirming, complete and accurate invoices for reimbursement of
expenditures incurred under this Program; such invoices shall be submitted to PAG
monthly. Final invoice to be submitted within ninety (90) calendar days upon
completion of the project. Invoices submitted later than ninety (90) days following
project completion will not be paid, unless PAG determines that extenuating
circumstances prevail.
Page 2of8
Marana Regular Council Meeting 02/17/2015 Page 21 of 68
Exhibit A to Resolution 2015 -017
• Applications should include a budget breakdown that provides a separate line item for
youth stipends. Note: PAG targets a minimum of 20% for youth stipends.
• Final invoice should include a color photograph of the completed youth art project.
• Each project should include a plaque on the completed Youth Art Project indicating
funding support contributed by Pima Association of Governments. (PAG will provide
plaques upon request.)
ARTICLE IV
PAYMENT:
A. Total payment for each year of this AGREEMENT shall be set by the PAG
Transportation Planning Committee. Jurisdiction may elect to augment funds
provided by PAG at the sole discretion of Jurisdiction.
B. PAG shall reimburse Jurisdiction within thirty (30) days of receipt of acceptable,
properly completed invoices detailing project progress and expenditures.
ARTICLE V
TERMINATION / EXTENSION FOR CONVENIENCE:
Either party may, at any time and without cause, cancel this AGREEMENT by serving
upon the other party thirty (30) days advance written notice of such intent to cancel. In the
event of such cancellation, PAG's only obligation to Jurisdiction shall be payment for services
rendered prior to cancellation. If mutually agreed by PAG and Jurisdiction, the term and
maximum amount of this AGREEMENT may be modified by written agreement signed by both
Parties
ARTICLE VI
CONFLICT OF INTEREST:
This AGREEMENT is subject to the provisions of A.R.S. 38-511 which provides as
follows: "The State, its political subdivisions or any department of either may, within three
years after its execution, cancel any contract, without penalty or further obligation, made by the
Page 3of8
Marana Regular Council Meeting 02/17/2015 Page 22 of 68
Exhibit A to Resolution 2015 -017
State, its political subdivisions, or any of the departments or agencies of either if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the State, its political subdivisions or any of the departments or agencies of either is, at
any time, while the contract or any extension of the contract is in effect, an employee or agent
of any other party to the contract in any capacity or a consultant to any other party to the
contract with respect to the subject matter of the contract."
ARTICLE VII
ASSIGNABILITY:
Jurisdiction shall not assign any interest in this AGREEMENT, and shall not transfer
any interest in the same without prior written consent of PAG thereto; provided, however, that
claims for money due or to become due to Jurisdiction from PAG under this AGREEMENT
may be assigned to a bank, trust company, or other financial institution without such approval.
Notice of any such assignment or transfer shall be furnished promptly to PAG.
ARTICLE VIII
OFFICIALS NOT TO BENEFIT:
No member of or delegates to the Congress of the United States of America, and no
resident commissioner, shall be admitted to any share or part of the AGREEMENT or to any
benefit to arise here from.
ARTICLE IX
NONDISCRIMINATION:
Affirmative Action Provisions: Jurisdiction agrees to abide by the PAG affirmative
action policies as stated in PAG Resolution # 84 -4, dated November 21, 1984. These are
included in the Personnel Policies of the Pima Association of Governments as approved by
the PAG Regional Council on November 21, 1984, and as they may be amended. Both
parties agree to comply with Executive Order 2009 -09 of the Governor of the State of
Arizona.
ARTICLE X
AMERICANS WITH DISABILITIES ACT:
Jurisdiction shall comply with all applicable provisions of the Americans with
Page 4 of 8
Marana Regular Council Meeting 02/17/2015 Page 23 of 68
Exhibit A to Resolution 2015 -017
Disabilities Act (Public Law 101 - 336,42 D.S.C. 12101- 12213), and applicable Federal
regulations under this Act.
ARTICLE XI
NON — WAIVER:
The failure of either party to insist in any one or more instances upon the full and
complete compliance with any of the terms and provisions of this AGREEMENT, to take any
action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the
right to insist upon full and complete performance of the same or any other covenant or
condition either in the past or in the future.
ARTICLE XII
INDEMNIFICATION:
To the fullest extent permitted by law, each party (as "Indemnitor ") agrees to indemnify, defend
and hold harmless the other party, its officers, officials, employees, agents, volunteers,
successors, and assigns (as "Indemnitees ") from and against any and all claims, losses, liability,
costs or expenses (including reasonable attorney fees), hereinafter collectively referred to as
"claims," arising out of bodily injury to any person (including death) or property damage, but
only to the extent that such claims which result in liability to the Indemnitees, are caused by the
act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials,
agents, employees, or volunteers, successor, or assigns, provided, however, that the Indemnitor
shall have no obligation to indemnify the Indemnitee for the Indemnitee's passive negligence.
ARTICLE XIII
SEVERABILITY:
Each provision of this AGREEMENT stands alone, and any provision of this
AGREEMENT found to be prohibited by law shall be ineffective to the extent of such
prohibition without invalidating the remainder of this AGREEMENT.
ARTICLE XIV
Funding for this AGREEMENT is being provided by the Arizona Department of
Page 5of8
Marana Regular Council Meeting 02/17/2015 Page 24 of 68
Exhibit A to Resolution 2015 -017
Transportation. PAG has no funds of its own to pay for the work being done under this
AGREEMENT, and therefore is not obligated to pay Jurisdiction until PAG receives funding
from the ADOT. Costs incurred by Jurisdiction as the result of any changes by PAG and /or by
Jurisdiction outside the general Scope of this AGREEMENT will not be allowed for
reimbursement under this AGREEMENT unless these changes and related costs have been
approved by PAG in writing prior to incurring the costs.
ARTICLE XV
If Jurisdiction is self- insured as a governmental entity, the Parties acknowledge that
Jurisdiction's program of self - insurance meets the following minimum requirements of this
AGREEMENT. Otherwise, Jurisdiction shall obtain insurance as described below and keep
such coverage in force throughout the life of the AGREEMENT. All policies must contain an
endorsement providing that written notice be given to PAG at least ten (10) calendar days
prior to termination or cancellation in coverage in any policy. Except for professional liability
insurance, the liability insurance policy(s) shall include PAG as an additional insured with
respect to liability arising out of the Contract. Jurisdiction must agree that the insurance will
be primary and that any insurance carried by PAG will be excess and non - contributing.
Coverage Afforded
Coverage Afforded
Limits of Liability
Workers' Compensation
Employees Liability
$100,000
Professional Liability
(Errors and Omissions)
$500,000
General Liability
$1,000,000
ARTICLE XVI
ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties and shall not be
modified, altered, amended, or changed except by mutual consent as indicated by signatures of
the PAG Executive Director and authorized officials of Jurisdiction.
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Marana Regular Council Meeting 02/17/2015 Page 25 of 68
Exhibit A to Resolution 2015 -017
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date signed
by the PAG Executive Director.
Town of Marana
Gilbert Davidson, Town Manager
ATTEST:
Jocelyn Bronson, Town Clerk
APPROVED AS TO CONTENT:
Lisa Shafer, CDNS Director
APPROVED AS TO FORM:
Date:
Frank Cassidy, Town Attorney
PIMA ASSOCIATION OF GOVERNMENTS
Farhad Moghimi
EXECUTIVE DIRECTOR,
and not personally.
APPROVED AS TO FORM:
Page 7of8
Date:
Marana Regular Council Meeting 02/17/2015 Page 26 of 68
Exhibit A to Resolution 2015 -017
Thomas B enavidez
PAG Legal Counsel
Date:
Page 8of8
Marana Regular Council Meeting 02/17/2015 Page 27 of 68
- r
C? RANA -P
11555 W. CIXgC CENTER DRI - E. KARANA. ARIZ ONA 8 5 6 5 3
Item C 3
To: Mayor and Council
Submitted For: Keith Brann, Town Engineer
From: Frank Cassidy, Town Attorney
Date: February 17, 2015
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2015 -018: Relating to Real Estate; reclassifying and designating
certain Town -owned land adjacent to Crossroads at Silverbell District Park as
Mamie Kai Drive and Benet Drive public right -of -way; and designating an
effective date (Keith Brann)
Discussion:
Leman Academy is proposing to build a charter school at the southeast corner of Silverbell Road
and Schisler Drive, just west of the Wheeler Taft Abbett Public Library and Crossroads at
Silverbell District Park. To facilitate the development of the school, Town staff is presenting this
resolution, which if approved will designate and reclassify adjacent Town -owned properties as
public right -of -way.
Two new public right -of -way designations are addressed by this resolution. One is the designation
of Benet Drive right -of -way, connecting Silverbell Road to the west end of the Crossroads at
Silverbell District Park's parking lot, near the dog park. Although this access road has already been
constructed, it currently serves only as a driveway connecting Silverbell Road to the parking lot.
This right -of -way designation will make this driveway a public right -of -way, allowing Leman
Academy to use it for access to its charter school. Town staff is proposing to name this
right -of -way "Benet Drive," the name of the street on the opposite side of Silverbell Road at this
location. This will allow the "Benet Drive" street name to continue across Silverbell Road.
The second right -of -way designation addressed by this resolution is the extension of Mamie Kai
Drive through and past the existing roundabout west of the library. The existing property layout
and sewer alignment in this Mamie Kai Drive extension are evidence of an intention to designate
this as right -of -way at some future date. But the right -of -way designation was never made, and this
Marana Regular Council Meeting 02/17/2015 Page 28 of 68
strip of land between the park and the future Leman Academy school site currently gives the
appearance of somewhat of a "no -man's land." Town staff is proposing for this area to be
reclassified as "Mamie Kai Drive" public right -of -way so that it can be more easily vacated in
favor of Leman Academy as part of an exchange and development agreement for the development
of the charter school. Town staff anticipates bringing the exchange and development agreement to
Council for consideration in the next couple months. Nothing in this right -of -way designation
commits the Town to enter into the agreement.
Staff Recommendation:
Staff recommends adoption of Resolution 2015 -018, reclassifying and designating certain
Town -owned land adjacent to Crossroads at Silverbell Park as Mamie Kai Drive and Benet Drive
public right -of -way.
Suggested Motion:
I move to adopt Resolution 2015 -018, reclassifying and designating certain Town -owned land
adjacent to Crossroads at Silverbell Park as Mamie Kai Drive and Benet Drive public right -of -way.
Attachments: Resolution 2015 -018
224 Exhibit A
224 Exhibit B
224 Exhibit C
Marana Regular Council Meeting 02/17/2015 Page 29 of 68
MARANA RESOLUTION NO. 2015-018
RELATING TO REAL ESTATE; RECLASSIFYING AND DESIGNATING CERTAIN
TOWN -OWNED LAND ADJACENT TO CROSSROADS AT SILVERBELL DISTRICT
PARK AS MAMIE KAI DRIVE AND BENET DRIVE PUBLIC RIGHT -OF -WAY; AND
DESIGNATING AN EFFECTIVE DATE
WHEREAS the Town of Marana owns certain land adjacent to Crossroads at Silverbell
District Park which is laid out and planned as an extension of Mamie Kai Drive; and
WHEREAS the Town of Marana owns certain land adjacent to Crossroads at Silverbell
District Park where the Town has constructed a park access lane intersecting with Silverbell
Road in alignment with Benet Drive; and
WHEREAS neither of the Town -owned lands generally described above have been des-
ignated classified and /or designated as public right -of -way; and
WHEREAS the Town of Marana desires to reclassify and designate the Town -owned
lands generally described above and legally described in the exhibits to this resolution as public
right -of -way, to facilitate the development of a new public charter school on adjacent land; and
WHEREAS the Mayor and Council of the Town of Marana find that the public interests
are served by reclassifying and designating these public rights -of -way.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, Arizona, as follows:
SECTION 1. The Town -owned land legally described on Exhibit A and depicted on Ex-
hibit C attached to and incorporated by this reference in this resolution is hereby reclassified and
designated as additional Mamie Kai Drive public right -of -way.
SECTION 2. The Town -owned land legally described on Exhibit B and depicted on Ex-
hibit C attached to and incorporated by this reference in this resolution is hereby reclassified and
designated as additional Benet Drive public right -of -way.
SECTION 3. The Town Engineer and town staff are hereby authorized to take all other
actions and execute all other documentation necessary to carry out this resolution.
SECTION 4. This resolution is adopted as an administrative function of the Town of Ma-
rana, and is effective immediately upon its passage.
{00040966.DOCX /}
Resolution No. 2015 -018 - 1 - 2/10/2015 12:13 PM FJC
Marana Regular Council Meeting 02/17/2015 Page 30 of 68
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17th day of February, 2015.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00040966.DOCX /}
Resolution No. 2015 -018 -2- 2/10/2015 12:13 PM FJC
Marana Regular Council Meeting 02/17/2015 Page 31 of 68
o PHONE: (520) 790 8373 • FAX: (520) 512 8373
PUTT LAND SURVEYING, INC. 4817 EAST 5TH STREET *TUCSON, ARIZONA 85711
EXHIBIT "A"
"MAMIE KAI" DRIVE ADDITIONAL RIGHT OF WAY
LEGAL DESCRIPTION
A parcel of land for right of way purposes over a portion of Section 35, Township 12 South,
Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, comprising of three
contiguous parcels of land (Parcel No. 1, Parcel No. 2 & Parcel No. 3), more particularly
described as follows:
Parcel No. 1 (being a portion of APN: 226- 27 -019E)
A portion of that certain parcel of land recorded in Docket 12610, Page 4117, more particularly
described as follows:
COMMENCING at the West Quarter corner of said Section 35, from which the Northwest corner
of said Section 35 bears North 01' 01' 00" West (basis of bearings), a distance of 2,629.85 feet;
THENCE North 01' 01' 00" West, along the West line of said Section 35, a distance of 899.97
feet to a point on the Northeasterly right of way of Silverbell Road, also being the Southwesterly
line of Lot 10 of "Parcels 56, 57 & 72, Continental Ranch, Lots 1 thru 10", according to Book 60,
Page 16, Maps and Plats, Pima County Arizona, and the beginning of a non - tangent curve to
the right;
THENCE Southeasterly, along said Northeasterly right of way line of Silverbell road and said
Southwesterly line of Lot 10, a distance of 292.31 feet along the arc of said non - tangent curve to
the right, with a radius of 1,507.39 feet which bears South 34° 05' 38" West, a central angle of
11 ° 06' 38 ", a chord which bears South 50° 21' 03" East, a distance of 291.85 feet to the
Northwesterly corner of said parcel of land recorded in Docket 12610, Page 4117, and the being
the beginning of a reverse curve to the left;
THENCE Easterly, along the Northerly line of said parcel of land recorded in Docket 12610,
Page 4117, a distance of 38.47 feet along the arc of said reverse curve to the left, with a radius
of 25.00 feet, a central angle of 88° 09' 20 ', a chord which bears South 88° 52' 24" East, a
distance of 34.78 feet to a point of tangency;
THENCE North 47 02' 56" East, continuing along the Northerly line of said parcel of land
recorded in Docket 12610, Page 4117, a distance of 109.00 feet to the beginning of a tangent
curve to the right;
THENCE Easterly, continuing along the Northerly line of said parcel of land recorded in Docket
12610, Page 4117, a distance of 221.60 feet along the arc of said tangent curve to the right,
with a radius of 225.00 feet, a central angle of 56° 25' 52 ', a chord which bears North 75° 15'
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Marana Regular Council Meeting 02/17/2015 Page 32 of 68
52" East, a distance of 212.76 feet to a point of reverse curvature and the POINT OF
BEGINNING;
THENCE Northeasterly, along the Northerly line of said parcel of land recorded in Docket
12610, Page 4117, a distance of 40.70 feet along the arc of said reverse curve to the left, with a
radius of 25.00 feet, a central angle of 93° 17' 02 ', a chord which bears North 56° 50' 17" East,
a distance of 36.35 feet to the Northeasterly corner of said parcel of land recorded in Docket
12610, Page 4117, and the beginning of a non - tangent curve to the right hereinafter referred to
as POINT "B ";
THENCE Southerly, along the Easterly line of said parcel of land recorded in Docket 12610,
Page 4117 a distance of 27.90 feet along the arc of said non - tangent curve to the right, with a
radius of 375.00 feet which bears North 79° 48' 14" West, a central angle of 04° 15' 44 ', a chord
which bears South 12° 19' 38" West, a distance of 27.89 feet to the beginning of a non - tangent
curve to the left;
THENCE Westerly, a distance of 25.58 feet along the arc of said non - tangent curve to the left,
with a radius of 225.00 feet which bears South 19 59' 34" West, a central angle of 06 30' 46 ' ,
a chord which bears North 73 15' 49" West, a distance of 25.56 feet to the POINT OF
BEGINNING.
Parcel No. 2 (being a portion ofAPN: 226- 27 -019H)
A portion of that certain parcel of land recorded in Docket 12201, Page 4107, more particularly
described as follows:
BEGINNING at aforementioned POINT "B ";
THENCE Northwesterly, along the Westerly line of said parcel of land recorded in Docket
12201, Page 4107, a distance of 436.58 feet along the arc of a curve to the left, with a radius of
375.00 feet, a central angle of 66° 42' 14 ', a chord which bears North 23 09' 21 " West, a
distance of 412.34 feet to a point of non - tangency;
THENCE North 30° 22' 22" East, along the Northerly line of said parcel of land recorded in
Docket 12201, Page 4107, also being the Southerly line of "Mamie Kai Drive ", a public road
according to Book 60, Page 16, Maps & Plats, Pima County, Arizona, a distance of 50.07 feet to
the beginning of a non - tangent curve to the right;
THENCE Southeasterly, a distance of 436.62 feet along the arc of said non - tangent curve to the
right, with a radius of 425.00 feet which bears South 33° 07' 30" West, a central angle of 58° 51'
44", a chord which bears South 27 26' 38" East, a distance of 417.67 feet to the Southerly line
of said parcel of land recorded in Docket 12201, Page 4107, and a point of non - tangency
hereinafter referred to as POINT "C ";
THENCE South 40° 53' 47" West, along said Southerly line, a distance of 90.14 feet to the
Southernmost corner of said parcel of land recorded in Docket 12201, Page 4107, and the
beginning of a non - tangent curve to the left;
THENCE Northerly, along the Westerly line of said parcel of land recorded in Docket 12201,
Page 4107, a distance of 16.83 feet along the arc of said non - tangent curve to the left, with a
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Marana Regular Council Meeting 02/17/2015 Page 33 of 68
radius of 375.00 feet which bears North 77° 13' 55" West, a central angle of 02° 34' 19 ', a chord
which bears North 11' 28' 55" East, a distance of 16.83 feet to the POINT OF BEGINNING;
Parcel No. 3 (being a portion ofAPN: 226- 27 -023G)
EXPIRES 03/31/2016
(REFERS TO RENEWAL DATE)
A portion of that certain parcel of land recorded in Docket 11411, Page 1616, more particularly
described as follows:
BEGINNING at aforementioned POINT "C ";
THENCE Southerly, a distance of 97.77 feet along the arc of a curve to the right, with a radius of
425.00 feet, a central angle of 13° 10' 51' , a chord which bears South 08° 34' 39" West, a
distance of 97.56 feet to a point of non - tangency;
THENCE North 69° 31' 07" West, a distance of 48.32 feet to the beginning of a tangent curve to
the left;
THENCE Westerly, a distance of 1.92 feet along the arc of said tangent curve to the left, with a
radius of 225.00 feet, a central angle of 00 29' 19 ', a chord which bears North 69 45' 47"
West, a distance of 1.92 feet to a point on the Westerly line of said parcel of land recorded in
Docket 11411, Page 1616, and the beginning of a non - tangent curve to the left;
THENCE Northerly, along said Westerly line, a distance of 11.06 feet along the arc of said non -
tangent curve to the left, with a radius of 375.00 feet which bears North 75 32' 30" West, a
central angle of 01° 41' 25 ", a chord which bears North 13 36'47" East, a distance of 11.06 feet
to a point of non - tangency;
THENCE North 40 53' 47" East, continuing along the Westerly line of said parcel of land
recorded in Docket 11411, Page 1616, a distance of 90.14 feet to the POINT OF BEGINNING;
SAID "MAMIE KAI DRIVE" ADDITIONAL RIGHT OF WAY contains 0.5769 acres, or 25,128
square feet, more or less.
go
tCA
50761
PAUL M. 0
COTE
. /10/1
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Marana Regular Council Meeting 02/17/2015 Page 34 of 68
o PHONE: (520) 790 8373 • FAX: (520) 512 8373
PUTT LAND SURVEYING, INC. 4817 EAST 5TH STREET *TUCSON, ARIZONA 85711
EXHIBIT "B"
"BENET DRIVE" ADDITIONAL RIGHT OF WAY
LEGAL DESCRIPTION
A parcel of land for right of way purposes over a portion of Section 35, Township 12
South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, comprising
of two contiguous parcels of land (Parcel No. 1 and Parcel No. 2), more particularly
described as follows:
Parcel No. 1 (being a portion of APN: 226- 27 -019E)
A portion of that certain parcel of land recorded in Docket 12610, Page 4117, more
particularly described as follows:
COMMENCING at the West Quarter corner of said Section 35, from which the
Northwest corner of said Section 35 bears North 01' 01' 00" West (basis of bearings), a
distance of 2,629.85 feet;
THENCE North 01' 01' 00" West, along the West line of said Section 35, a distance of
899.97 feet to a point on the Northeasterly right of way of Silverbell Road, also being the
Southwesterly line of Lot 10 of "Parcels 56, 57 & 72, Continental Ranch, Lots 1 thru
10 ", according to Book 60, Page 16, Maps and Plats, Pima County Arizona, and the
beginning of a non - tangent curve to the right;
THENCE Southeasterly, along said Northeasterly right of way line of Silverbell road and
said Southwesterly line of Lot 10, a distance of 292.31 feet along the arc of said non -
tangent curve to the right, with a radius of 1,507.39 feet which bears South 34° 05' 38"
West, a central angle of 11' 06' 38 ', a chord which bears South 50° 21' 03" East, a
distance of 291.85 feet to the Northwesterly corner of said parcel of land recorded in
Docket 12610, Page 4117, also being the beginning of a reverse curve to the left and
the POINT OF BEGINNING;
THENCE Easterly, along the Northerly line of said parcel of land recorded in Docket
12610, Page 4117, a distance of 38.47 feet along the arc of said reverse curve to the
left, with a radius of 25.00 feet, a central angle of 88° 09' 20 ', a chord which bears
South 88° 52'24" East, a distance of 34.78 feet to a point of tangency;
THENCE North 47° 02' 56" East, continuing along the Northerly line of said parcel of
land recorded in Docket 12610, Page 4117, a distance of 109.00 feet to the beginning of
a tangent curve to the right;
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Marana Regular Council Meeting 02/17/2015 Page 35 of 68
THENCE Easterly, continuing along the Northerly line of said parcel of land recorded in
Docket 12610, Page 4117, a distance of 221.60 feet along the arc of said tangent curve
to the right, with a radius of 225.00 feet, a central angle of 56° 25' 52 ', a chord which
bears North 75° 15' 52" East, a distance of 212.76 feet to a point on a curve marking a
corner of said parcel of land recorded in Docket 12610, Page 4117;
THENCE continue Easterly, a distance of 25.58 feet along the arc of said compound
curve to the right, with a radius of 225.00 feet, a central angle of 06° 30' 46 ', a chord
which bears South 73° 15' 49" East, a distance of 25.56 feet to a point a point on the
East line of that certain parcel of land recorded in Docket 12610, Page 4117, hereinafter
referred to as POINT "A ", and the beginning of a non - tangent curve to the right;
THENCE Southerly, along said East line, a distance of 56.01 feet along the arc of said
non - tangent curve to the right, with a radius of 375.00 feet which bears North 75 32'
30" West, a central angle of 08 33' 30 ', a chord which bears South 18 44' 15" West, a
distance of 55.96 feet to the beginning of a non - tangent curve to the left;
THENCE Westerly, a distance of 188.24 feet along the arc of said non - tangent curve to
the left, with a radius of 171.00 feet which bears South 20 07'49" West, a central angle
of 63 04' 23 ', a chord which bears South 78 35' 37" West, a distance of 178.88 feet to
a point of tangency;
THENCE South 47 03'25" West, a distance of 64.32 feet to the beginning of a tangent
curve to the right;
THENCE Southwesterly, a distance of 11.04 feet along the arc of said tangent curve to
the right, with a radius of 251.00 feet, a central angle of 02 31' 11' , a chord which bears
South 48 19' 01" West, a distance of 11.04 feet to a point of tangency;
THENCE South 49 34' 37" West, a distance of 56.83 feet to a point on the
Northeasterly right of way of aforementioned Silverbell Road and the beginning of a
non - tangent curve to the left;
THENCE Northwesterly, along said Northeasterly right of way, a distance of 77.06 feet
along the arc of said non - tangent curve to the left, with a radius of 1,507.39 feet which
bears South 48 08' 01" West, a central angle of 02° 55'44' , a chord which bears North
43 19'52" West, a distance of 77.05 feet to the POINT OF BEGINNING.
Parcel No. 2 (being a portion ofAPN: 226- 27 -023G)
A portion of that certain parcel of land recorded in Docket 11411, Page 1616, more
particularly described as follows:
COMMENCING at aforementioned POINT "A ";
February 10, 2015 Page 2 of 3 (Sketch is Exhibit "C ") Job No. 14 -238 "Benet Drive" Additional ROW
Marana Regular Council Meeting 02/17/2015 Page 36 of 68
THENCE Easterly, a distance of 1.92 feet along the arc of a curve to the right, with a
radius of 225.00 feet, a central angle of 00° 29' 19 ', a chord which bears South 69° 45'
47" East, a distance of 1.92 feet to a point of tangency;
THENCE South 69° 31' 07" East, a distance of 48.32 feet to the beginning of a non -
tangent curve to the right;
EXPIRES 03/31/2016
(REFERS TO RENEWAL DATE)
THENCE Southerly, a distance of 57.91 feet along the arc of said non - tangent curve to
the right, with a radius of 425.00 feet which bears North 74° 49' 55" West, a central
angle of 07° 48' 25", a chord which bears South 19° 04' 17" West, a distance of 57.86
feet to a point of non - tangency;
THENCE North 67° 06'43" West, a distance of 41.77 feet to the beginning of a tangent
curve to the left;
THENCE Westerly, a distance of 8.23 feet along the arc of said tangent curve to the left,
with a radius of 171.00 feet, a central angle of 02° 45' 28 ', a chord which bears North
68° 29' 27" West, a distance of 8.23 feet to a point on the Westerly line of said parcel of
land recorded in Docket 11411, Page 1616, and the beginning of a non - tangent curve to
the left;
THENCE Northerly along said Westerly line, a distance of 56.01 feet along the arc of
said non - tangent curve to the left, with a radius of 375.00 feet which bears North 66° 59'
00" West, a central angle of 08° 33' 30 ', a chord which bears North 18° 44' 15" East, a
distance of 55.96 feet to the POINT OF BEGINNING.
SAID "BENET DRIVE" ADDITIONAL RIGHT OF WAY contains 0.5162 acres, or
22,486 square feet, more or less
50761 -
cc PAUL M. X
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February 10, 2015 Page 3 of 3 (Sketch is Exhibit "C ") Job No. 14 -238 "Benet Drive" Additional ROW
Marana Regular Council Meeting 02/17/2015 Page 37 of 68
NORTHWEST CORNER SECT /ON 35
SEE NEXT PAGE FOR
�
L INE TABLE, CURVE
TABLE & INDI VID UA L
PARCEL A REA
1
» MAM /E KAI DRIVE
A DDI TIONA L R.O.W.
125,128 sq ft
I
"PARCELS 56, 57,
5769 acres)
i & 72, CONTINENTAL
RANCH, LOTS 1
I THRU 10"
BOOK 60, PAGE 16,
226 -27 -0360
� MAPS & P[,4TS
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122,486 sq fl
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R. 0. W., PARCEL No. 1
i
POINT OF COMMENCEMENT,
� WEST QUARTER CORNER
Ep SECTION 35
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EXHIBIT C PARCEL DESCRIPTIONS
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EXPIRES 03/31/2016
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POINT » C »
WAYIE KAI DRIVE" ADDITIONAL
R. 0. W. PARCEL No. 3
P. 0. B. "MAMIE KAI DRIVE" ADD.
R. 0. W., PARCEL No. 2
POINT » B »
'MAMIE KAI DRIVE"' ADDITIONAL
R. 0. W. PARCEL No. 1
P. 0. B., "MAMIE KAI DRIVE" ADD.
R. 0. W., PARCEL No. 1
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'MAMIE KA/ DRI VE" ADD. R. O. W.. PARCEL No. 1:
± 157 sq ft (±0.0036 acres)
'MAMIE KA/ DRI VE" ADD. R. O. W.. PARCEL No. 2.
±22,162 sq ft ( ±0.5088 acres)
'MAMIE KA/ DRI VE" ADD. R. 0. W.. PARCEL No. 3.•
±2,809 sq ft ( ±0.0645 acres)
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CURVE TABLE
CURVE
RADIUS
LENGTH
DELTA
CHORD
Cl
1507.39'
292.31 '
11"06'J8"
N50 °21 '03 "W 291.85'
C2
25.00'
38.47'
88'09'20"
S88"5224 "t 34.78'
C3
225.00'
221.60'
56 °2552 "
N75' 15'52 "E 212.76'
C4
225.00'
25.58
6 °30'46"
S73' 15'49'E 25.56'
C5
375.00'
56.01 '
8 °33'30"
S 18'44'15 "W 55.96'
C6
171.00'
188.24'
63'04'23"
S78'3537 "W 178.88'
C7
25 1.00'
11.04'
2 °31 '11 "
S48'19 1 V 11.04'
C8
1507.39'
77.06'
2'5544 "
N43° 19'52 V 77.05'
C9
225.00'
1.92'
0 °29'19"
S69 °4547E 1.92'
C10
425.00'
57.91 '
74825 "
S 19 °04' 17 "W 57.86'
C 11
171.00'
8.23'
2 °4528"
N68'2927 "W 8.23'
C12
25.00'
40.70'
93' 17
N56 7t 36.35'
C 13
375.00'
27.90'
4 ° 15'44 "
S 12' 19'38 V 27.89'
C14
375.00'
436.58'
66"42'14 "
N23 °09'21 V 412.34'
C15
425.00'
436.62'
58'51 '44 "
S272638E 417.67'
C16
375.00'
16.83'
2"J4'1 9 "
N 11 '28'55'E 16.83'
C17
425.00'
97.77'
13° 10'51 "
S08'3439 V 97.56'
C18
I 375.00'
j 11.06'
j 1 1 '25
j N 13'364 7'E 11.06'
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PMC
DLP
A PORTION
OF SECTION 35,
"GENET DRIVE" ADD. R. 0. W.,
CHECKED:
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2170175
( ±0.4509 acres)
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SOUTH, RANGE 12
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PARCEL No. 2.• ±2,844
sq ft
( ±0.0653 acres)
E4ST, GILA
AND SALT RIVER
4817 EAST FIFTH STREET, TUCSON, ARIZONA 85711
TELEPHONE.• (520) 790 -8373 FAX.• (520) 512 -8373
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4817 EAST FIFTH STREET, TUCSON, ARIZONA 85711
TELEPHONE.• (520) 790 -8373 FAX.• (520) 512 -8373
PAGE
2 of 2
MERIDIAN PIMA COUNTY ARIZONA
S30°2222V
50.07'
arana
Reaular Council
Meetina
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LINE TABLE
L/NE
BEARING
DISTANCE
L 1
N4702'56'E
109.00'
L2
S47°03'25 V
64.32'
L3
S49'3437 "W
56.83'
L4
S69'31 '07'E
48.32'
L5
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11555 W. CIXgC CENTER DRI VE. NIARANA. ARIZ ONA 8 5 6 5 3
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: February 17, 2015
Item C 4
Subject: Approval of February 3, 2015 Regular Council Meeting Minutes and February 10,
2015 Special Council Minutes
(Jocelyn C. Bronson)
Attachments: .2-3-2015 Regular Council Meeting Minutes
2 -10 -2015 Special Council Minutes
Marana Regular Council Meeting 02/17/2015 Page 40 of 68
� n ��
1 7
� MARANA �
�rrizo�`
REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, February 3, 2015 at or after 7:00 PM
�L
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Membc
Herb Kai, Council Member
Carol McGoorray, Council Member
a m 1qW
Roxanne Ziegler, Council Member
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:01
p.m. Town Clerk Bronson called roll. Council Member Ziegler was excused; there was a
quorum present
11 li p ...., III 4
PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor
Honea. 7%6,
'1I m I I ''III'
APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by
Council Member Bowen. Passed unanimously 6 -0.
CALL TO THE PUBLIC. Ken Scoville spoke regarding heritage, preserved artifacts and his
perspective on the Lazy K Bar Ranch site. He proposed the town consider purchasing the ranch
buildings on the Lazy K Bar Ranch and 38 acres for preservation then use existing zoning for the
remaining 100 acres for 70 homes.
PROCLAMATIONS
February 3, 2015 Meeting Minutes 1
Marana Regular Council Meeting 02/17/2015 Page 41 of 68
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council
Member McGorray reported on a SALARA (Southern Arizona Lodges and Resorts
Association) meeting at La Paloma and noted that she brought back information for Council to
look at regarding roads and transportation and who and how to pay for them. Brent Deraad,
president and CEO of Visit Tucson, spoke on tourism and the possibility of getting together with
the town of Marana and working to bring tourism here. Council Member Comerford spoke
regarding a Chamber government meeting she attended last week. She noted that County
Supervisor Ray Carroll was in attendance. Her issue was the proposed $.10 County gas tax
increase. She warned the audience to not be fooled by the reports being circulated throughout the
County about what will be done with the money. The only numbers she trusts are those
presented by Finance Director, Erik Montague. There have been a lot of promises made by the
County over the years for money that has been dedicated for certain projects which she is not
convinced have been used for those purposes.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Gilbert Davidson reported that the January Council Executive Report is on the dais for their
review.
PRESENTATIONS
P 1 Relating to Budget; presentation of independent auditor's report and final results of the
Town's General Fund and certain other funds for the 2013 -14 fiscal year. Erik Montague began
by noting that in September preliminary results were reported to Council on the state of the
general fund. Tonight's presentation is a follow -up to that with the final results. This will be the
first time the final results have been formally presented. He presented a high level overview of
the General Fund, Highway User Revenue Fund, Bed Tax Fund, Transportation Fund and
Enterprise Funds. Next, he introduced Starla Anderson, Finance Manager, and then introduced
Marilyn Mays, managing partner of Henry & Horne Auditors who reviewed the Independent
Auditor's Report with Council. Ms. Mays stated that the report is in the CAFR and it is a clean
report which shows that the town's financial statements are fairly presented in accordance with
Generally Accepted Accounting Principles with no significant deficiencies or material
weaknesses or instances of material non - compliance. Further, there are sufficient internal
controls, no difficulties encountered while performing the audit, and no uncorrected
misstatements or disagreements with management.
Ms. Mays did note that there will be an upcoming accounting change as a result of GASB
(Government Accounting and Standards Board) 68. The Board has issued a pronouncement
taking effect in the production of the next financial statements regarding how to account for the
defined benefit pension plans. Currently, the requirement of the accounting standards is to
disclose the information on those defined benefit plans. Starting this year, the assets or liabilities
February 3, 2015 Meeting Minutes 2
Marana Regular Council Meeting 02/17/2015 Page 42 of 68
of those plans will go on the town's financials. Right now the pension plans are underfunded, so
there will be a significant liability being presented on the town's financial statements next year.
Next, she noted that the expenditure limitation report was filed in a timely manner, as was the
single audit of the federal dollars. Council Member Bowen asked if the treatment by town
employees was cordial and professional. Ms. Mays noted that it was. Council Member Bowen
then asked about the pension funds which are still being managed by the state. Ms. Mays stated
that these will ultimately be presented on the town's financials, although they are being
disclosed. They are not on the state's ledger which is one of the reasons why GASB is asking
whose books they are on. The state has its own financial reporting statements, and it shows up
there. Mr. Montague added that under the current requirements, what we disclose or what our
obligation is regarding the current contribution is to make the current percentage calculation
based on payroll. Under the new GASB, the town will be required, and has always been
obligated to provide the detail of the health of the plan including its percentage of funding, but
■rrx.•.vti
what will change is the accrual of the actual liability for the un- orA underfunded portion which
could be significant depending upon the entity and the plan. Council Member Bowen asked if
we have any power to change that if we show the liability on our books. Are we being given the
permission to decide how much to fund it with? Mr. Montague stated that this would segue
directly into the 2015 -16 budget, because tied to that we've had some level of control relative to
how we've dealt with the unfunded portion. He then gave an example using the public safety
retirement system of paying that allows us to amortize over 20 years or identify strategies to
spread the payment over less than 20 years to address the unfunded liability. We may not have
access to the same tools for every system. He will spend more time on this in a future study
session because this is one of the elements that is going to provide challenges as to how it will
impact other operations of the town. Council Member Kai asked if Henry & Horne would be
providing an opinion letter to the town. Ms. Mays indicated that the opinion letter is actually in
the CAFR, and it is an unmodified, clean opinion, so it's already been issued.
CONSENT AGENDA. Motion to approve by Vice Mayor Post, second by Council Member
McGorray. Passed unanimously 6 -0.
The Consent Agenda contains items requiring action by the Council which are generally routine
items not requiring Council discussion. A single motion and affirmative vote will approve all
items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to
approve the Consent Agenda, any Council member may remove any item from the Consent
Agenda and that item will be discussed and voted upon separately.
C 1 Resolution No. 2015 -014: Relating to Community Development; approving a contribution of
$500 in support of Marana High Grad Night (Vickie Hathaway)
February 3, 2015 Meeting Minutes 3
Marana Regular Council Meeting 02/17/2015 Page 43 of 68
C 2 Resolution No. 2015 -015: Relating to Real Property; approving and authorizing the Mayor
to execute the Town of Marana Lease Agreement with Christopher &Stacy Sullivan DBA C &S
Calves, for the lease of approximately 22.88 acres of Town -owned property abutting the north
boundary of the Marana Wastewater Reclamation Facility (Frank Cassidy)
C 3 Ordinance No. 2014.005: Relating to Finance; amending the Town of Marana
comprehensive fee schedule; and designating an effective date (Erik Montague)
C 4 Approval of January 20, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson)
LIQUOR LICENSES
L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses
and Control regarding a special event liquor license application submitted by Claudio Jesus
Martinez on behalf of the American Diabetes Association for a special event to be held on March
1 2015. Presented by Jocelyn Bronson, who noted that the application was properly reviewed.
Staff recommends approval. Motion to approve by Vice Mayor Post, second by Council
Member Bowen. Passed unanimously 6 -0.
L 2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses
and Control regarding an application for a Person Transfer of a series 9 Liquor Store liquor
license submitted by Alpna Aj it Patel for Sandario Discount Market located at 13 865 N.
Sandario Road, Marana, Arizona 85653. Presented by Jocelyn Bronson, who noted that the
application was properly reviewed and posted. Staff recommends approval. Motion to approve
by Council Member Bowen, second by Council Member Kai. Passed unanimously 6 -0.
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1 Ordinance No. 2015.006: Relating to Parks and Recreation; amending Marana Town Code
Chapter 13 -1 (Parks and Recreation Regulations); amending Section 13 -1 -2 (Intoxicants and
disturbing the peace) by renaming it as "Spirituous liquor prohibited; permits; exception;
definitions" and rewriting it in its entirety; amending Section 13 -1 -3 (Use and occupancy rules
and regulations) regarding possession of glass containers; amending Section 13 -1 -4 (Violations
and penalties); and designating an effective date. Presented by Jane Fairall who noted that this
revision will make several changes to Title 13 of the Town Code related to Parks & Recreation
and regulations in the Park. There are two main changes. The first is to give the Parks director
discretion to issue a permit to allow consumption and possession of both beer and wine in the
parks. The general rules remain the same. Under the current permitting process, only beer is
February 3, 2015 Meeting Minutes 4
Marana Regular Council Meeting 02/17/2015 Page 44 of 68
allowed. The second main change regards the possession of glass containers in the parks. The
general rules will stay the same; however, the revision to this ordinance would allow the Parks
director to grant exemptions in certain situations where glass containers might be appropriate.
Staff has been in discussions with a couple who want to have a wedding at the event center at the
Heritage Park. This would allow them to have bottles of champagne or even glass candle
holders. She continued, stating that currently there's no exception to the rule that you can't have
alcohol unless you have a beer permit. Staff is proposing to add a section that would state that
these provisions would not apply if someone obtained a liquor license related to an event at the
parks. There was some concern expressed that someone could get a liquor license on our
property, but the only type of license that a person could get at a park would be a special event
liquor license such as the one being proposed for the Heritage Conservancy's Founders' Day
event. Those come to Council and generally are not considered by the State Liquor Board unless
the Town Council approves them. People can consume the alcohol under the constraints of the
liquor license.
Motion to approve by Council Member Comerford, second by Council Member McGorray.
Passed unanimously 6 -0.
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D 1 Relating to Utilities; update and discussion regarding progress on the design and
construction of the Marana Water Reclamation Effluent Recharge Project and request for
approval of the necessary funding to complete construction of the project. Presented by John
Kmiec, who stated that the primary goal of the project is to optimize the use of effluent
particularly in north Marana on the wastewater side by 2016. A secondary component is the
potential to create a public amenity co- located with the effluent facility. It's a common theme
throughout Arizona and other communities. Over the last several months, the services of HDR
Incorporated were retained to help staff scope out a full master plan for the facility. Part of that
master plan is to select and review appropriate recharge technology.
At this point, HDR has prepared the basis for the design. A two - phased approach was taken to
get to the goal. The first phase of the design is to get 1.5M gallons per day of effluent into the
ground as well as retaining the property available to be at full capacity at the north Marana plant,
which is 3.5M gallons per day. Several recharge methods were reviewed including injection,
shallow basin and deep basin. The method selected is the deep basin method which he went on to
explain in more detail. Generally, this was based partly on the silt and sand geologic conditions
of the 49 acres east of the treatment facility which was acquired with the treatment plant and
partly to save on future energy costs associated with getting the water to the facility. The deep
basin technique will allow for gravity feed from the plant to the basins without using any energy.
He then went over the various elements of the design on a map which was before Council.
February 3, 2015 Meeting Minutes 5
Marana Regular Council Meeting 02/17/2015 Page 45 of 68
Mr. Kmiec then reviewed the permanent water resources before discussing the budget and
schedule for construction. Initial construction was $13M, and current impact fees were designed
around a $13M facility. Now that a deep basin technology has been selected, the revised
construction estimate is $1.7M. This leaves a deficit of $400K needed to complete the facility to
get 1.5M gallons per day in the recharge facility. The additional money can be used from the old
water resource impact fee as we are still carrying a fund balance on that. Moving forward with
permitting with ADWR and ADEQ - we are hoping to provide them with the applications in the
next couple of weeks — our plan is to commission the recharge facility by the Spring /Summer of
2016 and start accruing those credits. Council Member Bowen asked how many acre feet are
used in the north Marana area now that have to be credited back. Mr. Kmiec responded that the
acre feet that would be stored at this facility would benefit all Marana water customers. We are
currently receiving about 350 acre feet. The plant is doing about an acre foot a day. The whole
.. titirx.•.vtiti •
Marana Water Utilities system is using bet ff 2100 and 2300 acre feet a year —for all
customers.
Motion by Council Member Comerford approve the necessary funding from the current and
past renewable resource fees to complete the construction of the Marana Reclamation
Effluent Recharge Project. Second by Vice Mayor Post. Passed unanimously 6 -0.
D 2 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. Mr. Davidson indicated that there was no additional
report other than what was placed at the Council dais — the League's Legislative Bulletin dated
January 23, 2015. He will be happy to discuss any questions or concerns regarding any bill.
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 o the public, to discuss certain matters.
E 1 Executive Session
%'aw" A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or
consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
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
February 3, 2015 Meeting Minutes 6
Marana Regular Council Meeting 02/17/2015 Page 46 of 68
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. Motion to adjourn at 7:55 p.m. by Council Member Bowen, second by
Vice Mayor Post. Passed unanimously 6 -0.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on February 3, 2015. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
February 3, 2015 Meeting Minutes 7
Marana Regular Council Meeting 02/17/2015 Page 47 of 68
�wN Oj:::
1 7
9 MARANA7
�RIZON�
MARANA TOWN COUNCIL
SPECIAL COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Executive Conference Room 1 Floor MMC
February 10, 2015, at or after 4:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
SPECIAL COUNCIL MEETING
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 4:03 p.m.
Town Clerk Bronson called roll. Vice Mayor Post and Council Member Kai were excused;
there was a quorum present.
PLEDGE OF ALLEGIANCE. Mayor Honea dispensed with the Pledge until the Study Session.
APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by
Council Member Bowen. Passed unanimously 5-0.
EXECUTIVE SESSION. Motion to go into executive session at 4:05 p.m. by Council Member
Comerford, second by Council Member McGorray. Motion passed 5-0.
Pursuant to A.R.S. Section 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.
1. Executive Session pursuant to A.AR. S. Section 38- 431.03 (A)(1) to discuss and evaluate
the performance of Town Manager Gilbert Davidson.
Marana Regular Council Meeting 02/17/2015 Page 48 of 68
ADJOURNMENT. Council returned to open session 4:30 p.m. with no action taken. Motion
by Council Member Ziegler, second by Council Member McGorray to adjourn. Passed
unanimously 5-0.
CERTIFICATION. I hereby certify that the foregoing are the true and correct minutes of the
public session of the Special Council Meeting held on February 10, 2015. I further certify that a
quorum was present.
Jocelyn C. Bronson, Town Clerk
Marana Regular Council Meeting 02/17/2015 Page 49 of 68
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115 5 5 W. CIXq C CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Item L I
Date: February 17, 2015
Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding a special event liquor license application
submitted by Esperanza T. Rodriquez on behalf of Marana Heritage Conservancy
for 2015 Founders Day to be held on March 7, 2015 at Ora Mae Harn Park,
Marana, Arizona 85653 (Jocelyn C. Bronson)
Discussion:
This application is for a special event liquor license on behalf of Marana Heritage Conservancy for
2015 Founders Day to be held on March 7, 2015 at Ora Mae Harn Park, Marana, Arizona 85653.
The applicant has also applied for a special event permit from the town, pursuant to Chapter 10 -6
of the Marana Town Code.
A special event liquor license is a temporary, non - transferable, on -sale retail privileges liquor
license that allows a charitable, civic, fraternal, political or religious organization to sell and serve
spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only
for the period authorized on the license. Qualifying organizations will be granted a special event
license for no more than ten (10) days in a calendar year. Events must be held on consecutive days
and at the same location or additional licenses will be required. The license is automatically
terminated upon closing of the last day of the event or the expiration of the license, whichever
occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross
revenues of the special events.
Pursuant to state law, a person desiring a special event liquor license must request a special event
application from the Department of Liquor Licenses and Control (DLLC). The applicant then must
file the application with the town for events occurring within the town's limits. The town may then
recommend approval or disapproval of the special event liquor license.
If the special event liquor license application is approved by the Town Council, and the event
Marana Regular Council Meeting 02/17/2015 Page 50 of 68
meets the requirements for granting the license, the director of the DLLC will issue a special event
liquor license to the qualifying organization. If the application is disapproved by the Town
Council, the DLLC will normally not consider the application.
Staff Recommendation:
Staff recommends approval of this special event liquor license application.
Suggested Motion:
OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event
liquor license application submitted by Esperanza T. Rodriquez on behalf of Marana Heritage
Conservancy for 2015 Founders Day.
OPTION 2: I move to disapprove the special event liquor license application submitted by
Esperanza T. Rodriquez on behalf of Marana Heritage Conservancy for 2015 Founders Day.
Attachments: Application
Description of License Type
Marana Regular Council Meeting 02/17/2015 Page 51 of 68
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTRW. EIVED (�&
800 WWashington_ 5th Floor FEB 0 2 2015
Phoenix, Arizona 85007 -2934 Town of Marana
Q } 542" 5.1 1 cie C3ffice
APPLICATION.FOR SPECIAL EVENT LICENSE
Fee = $25.00 per day -for -10 day events only
A service fee of $25.00 will be charged for all dishonored. checks A.R.S. 44 -5852
NOTE: THIS DOCUMENT MUST BE FULLY CC MP' LETED OR IT WILL BE RETURNED.
PLEASE ALLOW , 10 ,, BUSI . NESS DAYS `FOR PROCESSING.
"Application must be approved by local government before - submission to DLLC USE ONLY
Department of Liquor Licenses and control. (Sect on #20) LICENSE
1. Name of Organization: 0 /1 rla nn P,r 1 A r, et � I
2. Non-Profit/I.R.S. Tax Exempt Number:
3. The organization is a: (check one box only)
El Charitable F] Fraternal (must have regular membership and in existence for over 5 years)
2] Civic [-] Religious Ej Political Party, Ballot Measure, or Campaign Committee
4. What is the purpose of this event? K on-site consumption E:1 off-site consumption (auction) ❑both
F A &unAe rc., DIq 37 nnfia
5. Location of the event: Orti d ae 0 6r n P ar a r a n&
Address of physical location (Not P.O. Box) City County Zip
Applicant must be a member of the ualif in or organization and authorized by-an officer, Director or Chairperson of
the Organization named in Question #1. (Signature re aired in section #'18
,F _70"O.
0. Applicant. Q r 1 Z 1019W&
I 7"V
Last first Middle D o
7. Applicant's Mailing Address; E 1/)ff 3 tAa_rM4L A
Street City State Zip
8. Phone Numbers: (5ZQ) qs W 44/65 111, $a, - a4p
Site Owner # Applicants Business # Applicants Home #
9. Date(S) & HOUI'S Of Event: (see A.R.S. 4- 244(15) and (17) for legal hours of service)
Date Day of Week Hours from .IP.M.
D a 1:
D ay � 5� ..
Day 2:
Day 3:
Day 4:
Day 5:
Day 0:
Day 7:
Day 8:
Day 9:
Day 10:
Marana Re gelga%i��f - flg 1ping special accommodations, please call (602) 542-9027
September 2011
To A.M. �M
6
P age 52 o
1'0. Has 'the applicant been convicted of a felony in the past five years, or had a liquor license revoked?
YES � NO (attach explanation if yes)
11. This organization has been issued a special event license for days this year, including this event
(not to exceed 10 days per year).
12. Is the organization using the services of a promoter or other person to manage the event? FI YES NO
If yes, attach a copy of the agreement.
13. List all people and organizations who will receive the proceeds. Account for 1 00% of the proceeds.
THE ORGANIZATION APPLYING MUST RECEIVE 25% OF THE GROSS REVENUES OF THE SPECIAL
EVENT LIQUOR SALES.
Name tj
I LA (,'D- Y15 eer 1-0.ri n
/00 rd
. ... .........
-
Percentage
Address mliran
Name
Percentage
Addres
(Attach additional sheet if necessary)
14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have
any questions regarding the law or this application, please contact the Arizona State Department of Liquor
Licenses and Control for assistance.
NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY.
"NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES."
15. What security and control measures will you take to prevent violations of state liquor laws at this event?
(List type and number of security/police personnel and type of fencing or control barriers if applicable)
#Police I v' Fencing
#Security personnel Barriers
16. is there an existing liquor license at the location where the special event is being held?
If yes, does the existing business agree to suspend their liquor license during the time
period, and in the area in which the special event license will be in use?
(ATTACH COPY OF AGREEMENT)
Name of Business
NES
MEMO
YES [] NO
Phone Number
1 7. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors
under the provisions of your license. The following page is to be used to prepare a diagram of your special
event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control
measures and security positions.
Marana Regular Coundl Meeting 0,2/17/2015 Page 53 of 68
F
ry
2015 Founders' Day Site Map
THIS SECTION
COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE
declare that I am an officer /Director /Chairperson appointing the
(Print full name)
applicant Question 6, to app, on behalf of the fo oing organization for a Special Event Liquor License.
(Signature (Title /Position) (Date) (Phone #)
Ah$Mt 6RNAN DEZ �� x � Count of f 4
County ..,., •. Notary Public -StU Y Ariz The foregoing instrument was acknowledged before me this
PIMA
idly commission Expires
June 12, 20110
Da Month Year
My Commission expires on: 0) G —1 L - - L
(Date)
- . ,
ure of OTARY PUBLIC)
THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6
19. E SP. -- &d r Ap. declare that I am the APPLICANT filing Pp this a p p lication as
(Print full name)
listed in Question 6. 1 have read the application and the contents and all statements are true, correct and complete.
r.
State of fi County of P,
X dim The foregoing in trument was acknowledge before me this
} (,Si ture) . .� L E
-
•:: Pima County Da M th Year
My Commission Expims n
M C " fn, 2018
Y M
(Date) (Signature of NOTARY PUBLIC)
You must obtain local - government approval. City or Coun MUST recommend event and comi2 lete Item #20.
The local governing body may re wire additional app lications to be completed and submitted 60 day
in advance of the event. Additional licensing fees may also be required before approval may be granted.
LOCAL GOVERNING BODY APPROVAL SECTION
r3i�!
(Government Official)
on behalf of
(City, Town or County)
(Title
hereby recommend this special event application
(Signature of OFFICIAL)
(Da te)
Department Comment Section:
ORGANIZATION NAMED IN QUESTION #1
FOR DLLC DEPARTMENT USE ONLY
(Employ e) (Date)
APPROVED DISAPPROVED BY:
(Titled (Date)
Marana Regular Council Meeting 02/17/2015 Page 55 of 68
SERIES: 15 SPECIAL EVENT LICENSE (Temporary)
Non- transferable
On -sale retail privileges
Di I101011ecm
Allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous
liquor for consumption only on the premises where the spirituous liquor is sold, and only for the
period authorized on the license. This is a temporary license.
ADDITIONAL RIGHTS AND RESPONSIBILITIES:
The applicant for a special event license must request a special event application from the
Department and file the application with the governing body of the city or town, or Board of
Supervisors of an unincorporated area of a county (where the special event is to take place) for
approval or disapproval. Some local governing bodies may require approximately 50 days prior
notice.
If the application is approved by the local authority, and the event meets the requirements for
granting the license, the Director will issue a special event license to the qualifying organization.
Qualifying organizations will be granted a special event license for no more than ten (10) days in a
calendar year. Events must be held on consecutive days and at the same location or additional
licenses will be required. The license is automatically terminated upon closing of the last day of
the event or the expiration of the license, whichever occurs first.
The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues
of the special event liquor sales.
A person selling spirituous liquor under a special event license must purchase the spirituous
liquor from the holder of a license authorized to sell off -sale; except that, in the case of a
non- profit organization which has obtained a special event license for the purpose of charitable
fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation.
AVERAGE APPROVAL TIME: one (1) to seven (7) days.
PERIOD OF ISSUANCE:
Issued for no more than a cumulative total of ten (1 U) days in a calendar year. A special event
may be held for more than one (1) day, but it must be held on consecutive days and at the same
location or additional licenses will be required.
FEES: $25.00 per day.
ARIZONA STATUTES AND REGULATIONS:
ARS 4- 283w02 4 -244 4 -261; Rule R19 -1-228, R19 -1 -235 R19-1-309m
Disabled Individuals requiring special accommodations please call (002) 542 -9027
Marana Regular Council Meeting 02/17/2015 Page 56 of 68
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11555 W. CIXgC CENTER DRI VE. NIARANA. ARIZ ONA 8 5 6 5 3
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Hilary Hiser, Records Administrator
Date: February 17, 2015
Strategic Plan Focus Area:
Community
Item B I
Strategic Plan Focus Area Additional Info:
The Community Focus Area, Principal Statement 2 states "We will use unique and creative
approaches to engage and reach out to citizens." Within this Principal Statement, Initiative 9
requires evaluation and continuous improvement of citizen participation and community outreach.
The Marana Citizens' Forum is part of this outreach.
Subject: Relating to Boards, Commissions and Committees; discussion, consideration and
possible direction regarding recommendations from the Winter 2015 Marana
Citizens' Forum regarding the topic "How to engage the community in enacting
the Strategic Plan III." (Jocelyn C. Bronson)
Discussion:
A presentation will be made by delegates of the Marana Citizens' Forum related to the Winter 2015
Forum topic "How to engage the community in enacting the Strategic Plan III."
The Forum delegates held five sessions which included presentations on the town's current
marketing /communications plan, demographic information for all areas of Marana, how the
Strategic Plan was developed, partnerships with other organizations, current projects in design,
Marana's regional image, General Plan components, and the Chamber of Commerce efforts
regarding production as well as promotion and marketing of local events.
The Town Council, upon hearing the recommendations, may seek additional information, direct
further action by staff, or ask for the recommendations to be brought forward as future Council
items.
Marana Regular Council Meeting 02/17/2015 Page 57 of 68
Staff Recommendation:
Presentation only.
Suggested Motion:
Council's pleasure.
Attachments:
No file (s) attached.
Marana Regular Council Meeting 02/17/2015 Page 58 of 68
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115 5 5 W. CIVIC CENTER DRI VE. NIARANA. ARIZ ONA 8 5 65 3
To: Mayor and Council
From: Keith Brann, Town Engineer
Date: February 17, 2015
Strategic Plan Focus Area:
Not Applicable
Item B 2
Subject: Resolution No. 2015 -019: [The Town Council acting as the Floodplain Board] Relating
to Floodplain Management; granting a variance to Marana Land Development Code
Title 21 (Flood Plain and Erosion Hazard Management Code) for property located at
6401 West Marana Center Boulevard (Keith Brann)
Discussion:
Simon Properties is the developer of the Tucson Premium Outlets project in Marana located near
the Twin Peaks Interchange. The project was issued floodplain use permit number FP 1409 -002 for
construction of 6 buildings that make up the outlet mall site. The outlet mall site is part of a larger
development known as Marana Center being constructed by Vintage Partners. Major infrastructure
for the Marana Center site includes drainage channels that support a conditional letter of map
revision (CLOMR) by FEMA to remove the site from the FEMA special flood hazard area or
"floodplain".
While the physical work involved in constructing the drainage channels has been completed, the
remaining paperwork required by FEMA to convert the CLOMR to a final Letter of Map
amendment (LOMR) and remove the property from the FEMA floodplain will take several months.
Simon Properties is requesting a variance from section 21.05.04.I.5 of the floodplain and erosion
hazard management code (title 21 of the land development code). This section states:
"Commercial /Industrial buildings to be affected by a LOMR will not be granted a certificate of
occupancy, including temporary certificate of occupancy, until the LOMR has become effective
unless the building as constructed meets the requirements of this Title for the pre -LOMR
condition."
Vintage Partners has provided engineering support of the constructed channel system and its
compliance with the CLOMR. The will be expeditiously pursuing the final paperwork process to
Marana Regular Council Meeting 02/17/2015 Page 59 of 68
secure the FEMA LOMR and remove the site from the FEMA floodplain.
Town staff agrees that the physical improvements constructed in compliance with the FEMA
CLOMR constitute the highest and best information regarding the safety of the site from flooding.
Staff supports the granting of the floodplain variance and will continue to work with the developer
to secure the final LOMR for the site.
Staff Recommendation:
Staff recommends adoption of Resolution 2015 -019, granting the floodplain variance.
Suggested Motion:
I move to adopt Resolution 2015 -019, granting the floodplain variance for property located at 6401
West Marana Center Boulevard.
Attachments: Resolution 2015 -019
Engineering support
Marana Regular Council Meeting 02/17/2015 Page 60 of 68
MARANA RESOLUTION NO. 2015-019
RELATING TO FLOODPLAIN MANAGEMENT; GRANTING A VARIANCE TO MARANA
LAND DEVELOPMENT CODE TITLE 21 (FLOODPLAIN AND EROSION HAZARD
MANAGEMENT CODE) FOR PROPERTY LOCATED AT 6401 WEST MARANA CENTER
BOULEVARD
WHEREAS Simon Properties is the owner of a property located at 6401 West Marana
Center Boulevard, Marana, Arizona, and located within the designated Federal Emergency
Management Agency (FEMA) designated special flood hazard area; and
WHEREAS flood control infrastructure necessary to comply with a FEMA- issued
Conditional Letter of Map Revision (CLOMR) has been completed in accordance with the
CLOMR and Town requirements; and
WHEREAS the owner will not be able to secure a final Letter of Map Revision (LOMR)
from FEMA prior being eligible for a certificate of occupancy as required by the Floodplain and
Erosion Hazard Management Code; and
WHEREAS the Town Council finds that the constructed flood control infrastructure
represents the highest and best information regarding the safety of the site from flooding; and
WHEREAS the Town Council, acting as the Floodplain Board, and pursuant to the
Marana Land Development Code Title 21 (Floodplain and Erosion Hazard Management Code),
is empowered to grant variances, provided all variance actions must be reported in a biennial
report to FEMA.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, acting as the Floodplain Board, that the property located at 6401 West Marana
Center Boulevard, Marana, Arizona, is hereby granted a variance from section 21.05.04.I.5 of the
Marana Land Development Code, which would otherwise prohibit issuance of a certificate of
occupancy prior to the effective date of a FEMA Letter of Map Revision, subject to the
following condition:
1. The variance granted is for the six buildings that constitute Simon Properties' Marana
Premium Outlets.
2. All other aspects of Marana Land Development Code Title 21 are to be adhered to.
3. Applicant shall sign a covenant indemnifying and holding the Town of Marana and its
agents harmless in the event of flooding.
{00040913.D0CX /}
Marana Resolution No. 2015 -019 - 1 - 2/5/2015 8:52 AM KB /FC
Marana Regular Council Meeting 02/17/2015 Page 61 of 68
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, acting as the
Floodplain Board of the Town of Marana, Arizona, this 17 day of February, 2015.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00040913.DOCX /}
Marana Resolution No. 2015 -019 -2- 2/5/2015 8:52 AM KB /FC
Marana Regular Council Meeting 02/17/2015 Page 62 of 68
*T 001D/PATEL
MISSION: CIA ENT SERVICE"'
CIVIL F1'NG1NF'.F,RS a HYDROLOGISI'S* LAND SURVI."YORS * CONSTRUCTION MANAGERS
Darrel I: . Wood, Pi'.., RIS, Januar 28, 2015
Ashok (". Patel, P.1-1., R.L.S., CFM
MichaelT. Youn P.E.
,lames S. Campbell, P.F.
Thomas R. Gettlin R.L.S.
Darin L Moore, P.El.
Mr. Keith Brann P.E., CFM
Jeffire R. Minch, P.E.., CI FM
Town En
Robert 1). Gotbma, P.E., R.L S ,
Town of Marana
Patrick W. Marurn, RE'.
Michael R. Havill, P.E., R.L.S.
1 1 55 5 West Civic Center Drive, Buildin A2
Marana, AZ 85653
(520) 382-2600
khrann@maranaxom
Re: Floodplain Variance, Simon Parcel within Marana Center
WP# 134026.13
Dear Mr. Brann:
This letter is in reference to a floodplain variance re for the Simon Parcel related to
the proposed Letter of Map Revision (LOMR) b Federal Emer Mana
,1 -4
_
A (F1'MA).
Please note that ma draina infrastructure is alread built for Marana Center based on
an approved draina report and desi plans b the Town of Marana. The infrastructure
is also in accordance with the approved Conditional Letter of Map Revision (CLOMR
b FEMA dated October 2009. Once the LOMR is processed throu FEMA, the Simon
Parcel will be removed from the FEMA flood hazard desi Zone AO.
We have ever confidence that the site is ph safe from floodin in accordance
with Marana codes and standards and will continue to dili pursue the formal FEMA
process of securin the LOMR for the site.
Please let us know if y ou need an further clarification.
Sincerel
Wood, Patel & Associates, Inc.
Ash k C. Patel,, P.E., R-1-I.S., CFM
Principal
ACP/ec
cc: Duane Hunn
��IrPn �LIIIIIS
Y: \WP\Gencral C orrespondence\ 1 34026.13 Marana Center Floodplain Variance, Simon Parcel Letter Town of Marana KBrann 0 1-28-15, d ocx
Wood, Patel & Associates, Inc. 2051 West Northern Avenue, Suite 100 • Phoenix, Anzona 85021 - ( 602) 335-8500 - Fax ( 602 ) 335-8580
Marana Re Council MeetW02Yd)(7d?Qt5.com Pa 63 of 68 , 47"Z!
It L-
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115 5 5 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 65 3
Item B 3
To: Mayor and Council
From: Laine Sklar, Senior Assistant Town Attorney
Date: February 17, 2015
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Development: [The Town Council acting as the Floodplain Board] Relating
to Floodplain Management; report to Floodplain Board and order, as required by the
Marana Land Development Code and Federal Regulations, concerning a floodplain
violation on property located at 13561 N. Sandra Road (Keith Brann)
Discussion:
The Town of Marana Land Development Code (LDC) section 21.03. 10 requires that within 30
days of discovery of a floodplain violation the Floodplain Administrator make a report to the
Floodplain Board.
Pursuant to LDC 21.03.10, the Floodplain Administrator hereby reports to the Board that the
property located at 13561 N. Sandra Road is currently in violation of LDC sections 19.040(M) -
Removal of Native Vegetation and 21.03.08 - Unlawful Acts (diverting, retarding or obstructing
the flow of waters in a watercourse, if it creates a hazard to life or property without securing the
written authorization required by A.R.S. § 48- 3613). The fill dirt at this location has shifted the
flow of water onto adjacent properties, causing erosion and damage to the driveway of the
neighbor to the west, and damage to the parking area and stables of the neighbor to the southwest.
The Town posted astop -work order on the property, pursuant to LDC section 19.080(B), and the
Engineering Department is working with the property owner to effect abatement of the violations.
Along with this report to the Floodplain Board, LDC section 21.03. 10 requires that within 30 days
of the Report, the Floodplain Board order one of the following:
A. Take any necessary action to effect the abatement of such violation; or
B. Issue a floodplain variance to this Title in accordance with the provisions of Section 21.06; or
C. Order the owner of the property upon which the violation exists to provide whatever
additional information may be required for their determination. Such information must be
Marana Regular Council Meeting 02/17/2015 Page 64 of 68
provided to the Floodplain Administrator within 30 days of such order and the Floodplain
Administrator shall submit an amended report to the Floodplain Board within 20 days. At the
next regularly scheduled public meeting, the Floodplain Board shall either order the
abatement of said violation or they shall grant a floodplain variance in accordance with the
provisions of Section 21.06; or
D. For FEMA regulated special flood hazard areas, submit to the administrator of FIA a
declaration for denial of insurance, stating that the property is in violation of a cited state or
local law, regulation or ordinance, pursuant to Section 1316 of the FIA of 1968 as amended.
E. The Town of Marana may withhold the issuance of permits, including building permits,
native plant permits and grading permits, for the development or improvement on the parcel
or a any contiguous parcel of land under the same ownership.
Staff Recommendation:
Staff recommends that the Board order the property owner to take any necessary action to effect
abatement of the currently existing violations, pursuant to LDC section 21.03.10(A).
Suggested Motion:
I move to accept the Floodplain Administrator's report concerning the floodplain violation at
13561 N. Sandra Road. I further move that the property owner be ordered to take any action
necessary to effect abatement of the currently existing violations, pursuant to LDC section
21.03.10(A).
-
Council's pleasure, acting as the Floodplain Board.
Attachments: Location map
Aerial map with washes
Fill dirt
Marana Regular Council Meeting 02/17/2015 Page 65 of 68
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Marana Regular Council Meeting 02/17/2015 Page 66 of 68
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