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HomeMy WebLinkAboutRegular Council Meeting Packet 12-19-2017              MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 19, 2017, 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. § 38-431.02, 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 December 19, 2017, 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 electronic devices. 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 12/19/2017 Page 1 of 483 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) 382-1999. 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.maranaaz.gov under Agendas and Minutes. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at (520) 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, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes.   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. 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   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   Marana Regular Council Meeting 12/19/2017 Page 2 of 483 MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   P1 Relating to Budget; presentation of independent auditor's report and final results of the Town's General Fund and certain other funds for the 2016-2017 fiscal year (Erik Montague)   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.   C1 Ordinance No. 2017.028 : Relating to Development; extending the time for submitting waivers under Marana Ordinance No. 2017.023, which adopted amendments to The Villages of Tortolita Specific Plan and authorized the Mayor to sign The Villages of Tortolita Development Agreement; and establishing an effective date (Frank Cassidy)   C2 Resolution No. 2017-110: Relating to Public Works; approving and authorizing the Mayor to execute a public improvement participation agreement for the construction of the Patel driveway apron as part of the Cracker Barrel Roadway Restoration Project (Frank Cassidy)   C3 Resolution No. 2017-111: Relating to development; approving a release of assurances for Saguaro Bloom Block 3 and accepting public improvements for maintenance.   C4 Resolution No. 2017-112: Relating to Real Estate; approving and authorizing the Mayor to sign the Purchase Agreement with Metropolitan Domestic Water Improvement District for the sale of certain Town property rights in the vicinity of the Marana Regional Airport (Frank Cassidy)   C5 Resolution No. 2017-113:  Relating to the Police Department; approving and authorizing the Interim Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2017 Operation Stonegarden Grant Program (Lisa Shafer)   C6 Approval of December 5, 2017 Regular Council Meeting Minutes (Jocelyn C. Bronson)   LIQUOR LICENSES   L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an Acquisition of Control Series #7 Beer and Wine Bar liquor license application submitted by Stephen A. Miklosi on behalf of Breakers 95, located at 8555 W. Tangerine Road, Marana, Arizona 85653 (Jocelyn C. Bronson)   Marana Regular Council Meeting 12/19/2017 Page 3 of 483 BOARDS, COMMISSIONS AND COMMITTEES   COUNCIL ACTION   A1 Ordinance No. 2017.029 : Relating to Development; adopting development impact fees for street facilities, parks and recreation facilities, water facilities, and wastewater facilities; accepting and approving the technical reports identifying benefit areas and facilities needs; modifying the definitions of “General office land use category” and “Medical facilities land use category” in Marana Town Code Section 17-17-3; and providing an effective date (Keith Brann)   A2 Resolution No. 2017-114: Relating to Real Estate; approving and authorizing the Mayor to execute a farming right-of-way license for Gladden Farms II subdivision (except Block 29); and authorizing the Interim Town Manager to execute similar farming right-of-way licenses (Frank Cassidy)   ITEMS FOR DISCUSSION/POSSIBLE ACTION   D1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta)      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.   E1 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.      E2 Executive session pursuant to A.R.S. § 38-431.03(A)(3) & (7) for legal advice with the Town’s attorneys regarding the Adonis Mobile Home Park wastewater conveyance system and ponds and to instruct the Town’s representatives about negotiations for possible acquisition thereof.      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 12/19/2017 Page 4 of 483      Council-Regular Meeting   P1         Meeting Date:12/19/2017   To:Mayor and Council From:Erik Montague, Finance Director Date:December 19, 2017 Strategic Plan Focus Area: Commerce,  Community,  Heritage,  Recreation,  Progress & Innovation  Strategic Plan Focus Area Additional Info: Financial sustainability is an overriding principle of the Strategic Plan.  Subject:Relating to Budget; presentation of independent auditor's report and final results of the Town's General Fund and certain other funds for the 2016-2017 fiscal year (Erik Montague) Discussion: On October 3, 2017, staff provided Council with preliminary financial results for the Town's General Fund for fiscal year 2016-2017.  The results presented in October were preliminary, unaudited, and subject to change. Henry and Horne, LLP, the Town's independent financial statement audit firm, conducted its audit field work in October 2017 and released its opinion to the Town earlier in December 2017.  The Town received an unqualified opinion and the financial results are now final.    The purpose of this presentation is to formally present the final results of the audit for the General Fund and certain other funds and to provide Council with a brief summary of the audit. Copies of the Comprehensive Annual Financial Report, Annual Expenditure Limitation Report, and Single Audit Report are attached to this item. Staff Recommendation: Presentation only. Suggested Motion: Presentation only. Marana Regular Council Meeting 12/19/2017 Page 5 of 483 Presentation only. Attachments FY2017 Audit Summary and Final Results Presentation  2017 Comprehensive Annual Financial Report  2017 Annual Expenditure Limitation Report  2017 Single Audit Report  Marana Regular Council Meeting 12/19/2017 Page 6 of 483 Marana Regular Council Meeting 12/19/2017Page 7 of 483 Marana Regular Council Meeting 12/19/2017Page 8 of 483 Marana Regular Council Meeting 12/19/2017Page 9 of 483 Marana Regular Council Meeting 12/19/2017Page 10 of 483 Marana Regular Council Meeting 12/19/2017Page 11 of 483 Marana Regular Council Meeting 12/19/2017Page 12 of 483 Marana Regular Council Meeting 12/19/2017 Page 13 of 483 Marana Regular Council Meeting 12/19/2017 Page 14 of 483 Marana Regular Council Meeting 12/19/2017 Page 15 of 483 Marana Regular Council Meeting 12/19/2017 Page 16 of 483 Marana Regular Council Meeting 12/19/2017 Page 17 of 483 Marana Regular Council Meeting 12/19/2017 Page 18 of 483 Marana Regular Council Meeting 12/19/2017 Page 19 of 483 Marana Regular Council Meeting 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Regular Council Meeting 12/19/2017 Page 228 of 483 Marana Regular Council Meeting 12/19/2017 Page 229 of 483 Marana Regular Council Meeting 12/19/2017 Page 230 of 483 Marana Regular Council Meeting 12/19/2017 Page 231 of 483 Marana Regular Council Meeting 12/19/2017 Page 232 of 483 Marana Regular Council Meeting 12/19/2017 Page 233 of 483 Marana Regular Council Meeting 12/19/2017 Page 234 of 483 Marana Regular Council Meeting 12/19/2017 Page 235 of 483 Marana Regular Council Meeting 12/19/2017 Page 236 of 483 Marana Regular Council Meeting 12/19/2017 Page 237 of 483 Marana Regular Council Meeting 12/19/2017 Page 238 of 483      Council-Regular Meeting   C1         Meeting Date:12/19/2017   To:Mayor and Council From:Frank Cassidy, Town Attorney Date:December 19, 2017 Strategic Plan Focus Area: Not Applicable  Subject:Ordinance No. 2017.028 : Relating to Development; extending the time for submitting waivers under Marana Ordinance No. 2017.023, which adopted amendments to The Villages of Tortolita Specific Plan and authorized the Mayor to sign The Villages of Tortolita Development Agreement; and establishing an effective date (Frank Cassidy) Discussion: Ordinance No. 2017.023, adopted on November 7, 2017, amended the adopting ordinance for The Villages of Tortolita Specific Plan and approved The Villages of Tortolita Development Agreement. Ordinance 2017.023 requires each of the Property Owners other than the developer (TMR) to execute Prop 207 waivers, and provides for reversion of key elements of Ordinance No. 2017.023 if the signed waivers are not delivered to the Town Clerk by January 6. TMR has encountered unanticipated obstacles and difficulties obtaining the Prop 207 waivers, including dealing with an entity whose principals have died. As a result, TMR has asked for an extension of time for returning the waivers. Extending the time doesn't substantially affect the Town’s rights, obligations, or liabilities. To assure that sufficient time is given for obtaining the waivers, Town staff is suggesting a new return date of April 4, 2018. This puts the date on a Wednesday following a regular Council meeting date, in case further Council action is needed before the new waiver submission deadline. Staff Recommendation: Staff recommends adoption of Ordinance No. 2017.028, extending the time for submitting waivers under Marana Ordinance No. 2017.023. Marana Regular Council Meeting 12/19/2017 Page 239 of 483 Suggested Motion: I move to adopt Ordinance No. 2017.028, extending the time for submitting waivers under Marana Ordinance No. 2017.023. Attachments Ordinance No. 2017.028  Marana Regular Council Meeting 12/19/2017 Page 240 of 483 00055116.DOCX /2 Marana Ordinance No. 2017.028 - 1 - 12/5/2017 6:24 PM MARANA ORDINANCE NO. 2017.028 RELATING TO DEVELOPMENT; EXTENDING THE TIME FOR SUBMITTING WAIVERS UNDER MARANA ORDINANCE NO. 2017.023, WHICH ADOPTED AMENDMENTS TO THE VILLAGES OF TORTOLITA SPECIFIC PLAN AND AUTHORIZED THE MAYOR TO SIGN THE VILLAGES OF TORTOLITA DEVELOPMENT AGREEMENT; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS Marana Ordinance No. 2007.09 adopted The Villages of Tortolita Specific Plan, governing land uses on approximately 1,780 acres of land located on the east side of Interstate 10 from about Marana Road on the south to about two-thirds of a mile north of the Pinal County line; and WHEREAS Marana Ordinance No. 2017.023 was adopted on November 7, 2017, amending The Villages of Tortolita Specific Plan and authorizing the Mayor to sign The Villages of Tortolita Development Agreement; and WHEREAS Section 2, paragraph 5 of Marana Ordinance No. 2017.023 requires each of the Property Owners other than TMR INVESTORS, LLC (“TMR”) to execute waivers in substantially the form attached as Exhibit C to The Villages of Tortolita Development Agreement, and provides for reversion of Section 2 paragraphs 1 and 4 of Ordinance No. 2017.023 if the fully executed waivers are not submitted to the Town Clerk for recording within 60 days after the Marana Town Council’s approval of Ordinance No. 2017.023; and WHEREAS TMR has encountered unanticipated obstacles and difficulties obtaining the waivers; and WHEREAS extending the time period for obtaining the waivers does not substantially affect the Town’s rights, obligations, or liabilities. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Section 2, paragraph 5 of Marana Ordinance No. 2017.023 is hereby amended to require the waivers in substantially the form attached as Exhibit C to The Villages of Tortolita Development Agreement to be signed and submitted to the Town Clerk for recording no later than April 4, 2018. Section 2. This ordinance addresses an administrative issue associated with Marana Ordinance No. 2017.023, and is therefore effective immediately upon its adoption. Marana Regular Council Meeting 12/19/2017 Page 241 of 483 00055116.DOCX /2 Marana Ordinance No. 2017.028 - 2 - 12/5/2017 6:24 PM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of December, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 12/19/2017 Page 242 of 483      Council-Regular Meeting   C2         Meeting Date:12/19/2017   To:Mayor and Council From:Frank Cassidy, Town Attorney Date:December 19, 2017 Strategic Plan Focus Area: Not Applicable  Subject:Resolution No. 2017-110: Relating to Public Works; approving and authorizing the Mayor to execute a public improvement participation agreement for the construction of the Patel driveway apron as part of the Cracker Barrel Roadway Restoration Project (Frank Cassidy) Discussion: The Town has been in communication with Babubhai G. Patel & Gomatiben B. Patel (the "Patels"), who own property along the under-construction Cracker Barrel Road project, about having the Town's contractor, Granite Construction, build a driveway apron for the Patel property as part of the Cracker Barrel Road project. The Town has a standard form of agreement known as a public improvement participation agreement (PIPA), to accommodate this sort of arrangement. Using a PIPA allows an adjacent property owner to get the benefit of using an already-mobilized contractor, and ensures the Town that nearby construction done by some other contractor does not interfere with the Town's construction project. In this case, Granite has provided an estimate of $7,700 for the construction of the Patel driveway apron, and the Patels have prepaid the $7,700 to the Town. The Patels are responsible for any cost overruns for the driveway apron. Staff Recommendation: Staff recommends adoption of Resolution No. 2017-110, approving and authorizing the Mayor to execute a public improvement participation agreement for the construction of the Patel driveway apron as part of the Cracker Barrel Roadway Restoration Project. Suggested Motion: Marana Regular Council Meeting 12/19/2017 Page 243 of 483 I move to adopt Resolution No. 2017-110, approving and authorizing the Mayor to execute a public improvement participation agreement for the construction of the Patel driveway apron as part of the Cracker Barrel Roadway Restoration Project. Attachments Resolution No. 2017-110  Exhibit A to Resolution -- Patel PIPA  Marana Regular Council Meeting 12/19/2017 Page 244 of 483 00055199.DOCX /1 Marana Resolution No. 2017-110 - 1 - 12/6/2017 5:00 PM MARANA RESOLUTION NO. 2017-110 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT FOR THE CONSTRUCTION OF THE PATEL DRIVEWAY APRON AS PART OF THE CRACKER BARREL ROADWAY RESTORATION PROJECT WHEREAS the Town has entered into a construction contract with GRANITE CONSTRUCTION COMPANY (“Granite”) for the construction of Cracker Barrel Roadway Restoration, Town of Marana Project No. ST035 (the “Road Project”); and WHEREAS BABUBHAI G. PATEL & GOMATIBEN B. PATEL (the “Patels”) own a parcel of land currently used for overflow parking located on the south side of Cracker Barrel Road, just east of its intersection with Arizona Pavilions Drive, for which the Patels need a driveway apron (the “Patel Driveway Apron”); and WHEREAS Town staff has negotiated an agreement with the Patels to assure payment of all costs associated with the construction of the Patel Driveway Apron as part of the Road Project; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the public improvement participation agreement for the construction of the Patel Driveway Apron as part of the Road Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the public improvement participation agreement for the construction of the Patel Driveway Apron as part of the Road Project, attached to this resolution as Exhibit A, 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 agreement. Marana Regular Council Meeting 12/19/2017 Page 245 of 483 00055199.DOCX /1 Marana Resolution No. 2017-110 - 2 - 12/6/2017 5:00 PM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of December, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 12/19/2017 Page 246 of 483 00055149.DOCX /1 PATEL/MARANA CRACKER BARREL ROAD PIPA 12/5/2017 3:19 PM - 1 - PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT TOWN OF MARANA, ARIZONA This Public Improvement Participation Agreement (this “Agreement”) is made and entered into by and between BABUBHAI G. PATEL & GOMATIBEN B. PATEL (the “Patels”), husband and wife, and the TOWN OF MARANA (“Marana”), an Arizona municipal corporation. The Patels and Marana are sometimes collectively referred to in this Agreement as the “Parties,” either of which is sometimes referred to as a “Party.” RECITALS A. Marana has entered into a construction contract with GRANITE CONSTRUCTION COMPANY (“Granite”) for the construction of Cracker Barrel Roadway Restoration, Town of Marana Project No. ST035 (the “Road Project”). B. The Patels own an approximately 1.84-acre parcel of land located on the south side of Cracker Barrel Road, just east of its intersection with Arizona Pavilions Drive, bearing Pima County Assessor’s Parcel number 221-05-199F and referred to in this Agreement as the “Subject Property.” C. The Patels currently use the Subject Property for overflow parking, for which the Patels need a driveway apron (the “Patel Driveway Apron”). D. Construction of the Road Project is currently underway. E. The Parties believe that the most economical and least disruptive way to accomplish the prompt construction of the Patel Driveway Apron is for the Parties to arrange to have it done by Granite in connection with the construction of the Road Project. F. Granite has provided the Parties with a proposed price of $7,700.00 for the construction of the Patel Driveway Apron. A true and correct copy of Granite’s proposal is attached to and incorporated in this Agreement as Exhibit A. G. The purpose of this Agreement is to facilitate Marana’s construction of the Patel Driveway Apron as part of the Road Project with design and construction funding provided by the Patels. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into this Agreement, the Parties agree as follows: 1. Depiction of the Patel Driveway Apron. The Patel Driveway Apron depiction attached as Exhibit B shows the nature and extent of the work to be done by Granite pursuant to this Agreement, which Marana and Granite shall incorporate into the Road Project design. 2. Grant of right of entry and temporary construction easement. The Patels hereby grant Marana and Granite a right of entry and temporary construction easement over the Subject Marana Regular Council Meeting 12/19/2017 Page 247 of 483 00055149.DOCX /1 PATEL/MARANA CRACKER BARREL ROAD PIPA 12/5/2017 3:19 PM - 2 - Property, to accommodate construction of those portions of the Patel Driveway Apron located on the Subject Property. 3. The Patels’ obligation to pay construction costs for the Patel Driveway Apron. The Patels shall pay all construction costs associated with the construction of the Patel Driveway Apron. Marana and Granite agree that the construction cost for the construction and installation of the Patel Driveway Apron are anticipated to be $7,700.00, as itemized and attached to this Agreement as Exhibit A. Marana and Granite anticipate that the construction and installation of the Patel Driveway Apron will be substantially completed by the completion of the Road Project. 4. Cash deposit to secure the Patels’ obligations under this Agreement. The Patels’ obligations under this Agreement, including without limitation the Patels’ obligations under paragraph 3 above, shall be secured by a cash deposit (paid by credit card) to Marana in the amount of $7,700.00, referred to in this Agreement as the “Patel Cash Deposit.” 5. Reconciliation and final payment. No later than 30 days after substantial completion of the Patel Driveway Apron, Marana shall provide to the Patels an itemized statement of Marana’s Patel Driveway Apron construction costs and a check or invoice representing the difference between Marana’s Patel Driveway Apron construction costs and the Patel Cash Deposit. If the Patel Cash Deposit was insufficient to cover Patels’ obligations under this Agreement, the Patels shall pay Marana the balance of the Patel Driveway Apron construction costs as set forth in the invoice within 30 days after the itemized statement and invoice are provided to the Patels. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. 6. Recording. This Agreement shall not be recorded. 7. Notices. Any notice required under this Agreement shall be complete when sent via First Class Mail or hand delivered to the following addresses. Either Party may change its address for purposes of notice under this Agreement by mailing a notice of change of address to the other Party. The Patels: BABUBHAI G. & GOMATIBEN B. PATEL 11321 North Twin Spur Court Tucson, Arizona 85737 Marana: Town of Marana c/o Marana Legal Department 11555 West Civic Center Drive Marana, AZ 85653 8. Governing law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. 9. Court costs and reasonable attorneys’ fees to prevailing Party in dispute. If a Party fails to perform any of its obligations under this Agreement, or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the prevailing Party shall be entitled to its reasonable attorneys’ fees and costs determined pursuant to A.R.S. § 12-341.01. Marana Regular Council Meeting 12/19/2017 Page 248 of 483 00055149.DOCX /1 PATEL/MARANA CRACKER BARREL ROAD PIPA 12/5/2017 3:19 PM - 3 - 10. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 11. Cancellation for conflicts. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 12. Counterparts. This Agreement may be executed in any number of counterparts. Each counterpart shall be deemed an original, but all counterparts shall constitute but one agreement. 13. Effective Date of Agreement. The date of this Agreement (the “Effective Date”) shall for all purposes be the date of the Mayor’s signature on this Agreement. The Patels: BABUBHAI G. PATEL & GOMATIBEN B. PATEL, husband and wife Babubhai G. Patel Date: Gomatiben B. Patel Date: Marana: TOWN OF MARANA, an Arizona municipal corporation By: 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 ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2017, by Babubhai G. Patel & Gomatiben B. Patel, husband and wife. (Seal) Notary Public Marana Regular Council Meeting 12/19/2017 Page 249 of 483 Cc: File 724564.06 Arizona Region Box 27557 Tucson, AZ 85726 T 520.748.8000 F 520.748.1862 graniteconstruction.com November 28th, 2017 Attn: Kurt Schmidt Town of Marana 11555 W. Civic Center Dr. Marana AZ, 85653 RE: Patell Depressed Driveway ST035 – Cracker Barrel Road Pavement Restoration Subject: Installation of Depressed Driveway Item Description Quantity UM Unit Price Total Price Patell Depressed Driveway 1 LS 6,493.00$ - Labor 1 LS 3,992.00$ - Equipment 1 LS 852.00$ - Material 1 LS 1,649.00$ 38.00$ 554.00$ 615.00$ 7,700.00$ Total 6,493.00$ CO #2 Cost Breakdown; Profit and Overhead Bond GRT Exhibit A to Patel/Marana Cracker Barrel Road PIPA Marana Regular Council Meeting 12/19/2017 Page 250 of 483 Cc: File 724564.06 Arizona Region Box 27557 Tucson, AZ 85726 T 520.748.8000 F 520.748.1862 graniteconstruction.com Inclusions; - Price per attached exhibit. - Price includes 42’ of depressed curb and curb transitions in front of PAG 206 Driveway Apron at edge of roadway. - Price includes all labor, equipment and materials to install 1ea 30’ PAG 206 Driveway Apron. - Price includes extending PAG 206 apron to TOM ROW. (See exhibit) Clarifications; - Driveway apron to be installed where curb is called out to be replaced per Cracker Barrel project plans. - Cost calculated on placing ramp per attached exhibit. If Driveway Apron is to be installed at a different location, additional Post and Cable Barrier end panels may be necessary and will come at an additional cost to this Budget Cost Proposal. - 70’ reduction of Post and Cable Barrier cost was not deducted from Budget Cost Proposal. Potential credit to TOM of +/- $1,000.00. - 42’ reduction of Vertical Curb cost was not deducted from Budget Cost Proposal. Potential credit to TOM of +/- $500.00. - Budget Cost Proposal calculated based on constructing driveway apron and driveway at same time of similar activities on the project. If driveway apron and driveway have to be constructed at a later date, cost will increase accordingly. Prepared By: Accepted By: Signature Signature Austin Atteberry 11/28/2017 Printed Name Date Printed Name Date Project Manager Title Title Exhibit A to Patel/Marana Cracker Barrel Road PIPA Marana Regular Council Meeting 12/19/2017 Page 251 of 483 11'-0"30'-0"6'-0"6'-0"Existing 40'x8' Connex that will haveto be moved by property owner.30' PAG 206 Driveway Apron aligned withadjacent driveway into Texas Roadhouse.Stop Post & Cable Barrier 70'short of plan sheet location.Extend PAG 206 Apron to TOM ROW.Exhibit B to Patel/Marana Cracker Barrel Road PIPAMarana Regular Council Meeting 12/19/2017Page 252 of 483      Council-Regular Meeting   C3         Meeting Date:12/19/2017   To:Mayor and Council Submitted For:Keith Brann, Town Engineer  From:Gus Myers, Engineering Technician Date:December 19, 2017 Strategic Plan Focus Area: Not Applicable  Subject:Resolution No. 2017-111: Relating to development; approving a release of assurances for Saguaro Bloom Block 3 and accepting public improvements for maintenance. Discussion: This resolution will release the Assurance agreement between D.R. Horton and Title Security of Arizona under Trust No. 201434-T and the Town of Marana, regarding Saguaro Bloom Block 3 as depicted on the map provided as backup to this agenda item. Saguaro Bloom Block  is comprised of lots 1 -141 and Common Areas 'A', and 'B' and is recorded at the Pima County Recorders Office under Sequence Number 20171210048. Staff Recommendation: Staff recommends adoption of Resolution No. 2017-111, releasing the assurances for Saguaro Bloom Block 3 and accepting public improvements for maintenance. Suggested Motion: I move to adopt Resolution No. 2017-111, releasing the assurances for Saguaro Bloom Block 3 and accepting improvements for maintenance. Attachments Resolution No. 2017-111  Marana Regular Council Meeting 12/19/2017 Page 253 of 483 Location Map  Marana Regular Council Meeting 12/19/2017 Page 254 of 483 Marana Resolution No. 2017-111 - 1 - 2/28/2017 4:28 PM MARANA RESOLUTION NO. 2017-111 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR SAGUARO BLOOM BLOCK 3 AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS the final plat for ‘Saguaro Bloom Block 3 Lots 1 to 141 and Common Areas “A” (Open Space, Recreation, Drainage, Public Utilities, Road Maintenance & Signage) and “B” (Open Space, Recreation, Public Utilities, Road Maintenance & Signage)’ (“Saguaro Bloom Block 3”) was recorded in the Pima County Recorder’s Office on 1 May 2017, at Sequence 20171210044; and WHEREAS the Town has a third party trust substitute assurance agreement (the “Assurance Agreement”) with D.R. Horton, Inc. (the “Subdivider”) and Title Security Agency of Arizona, LLC, under Trust No. 201434-T, recorded in the Pima County Recorder’s office on 1 May 2017, at Sequence 20171210048, assuring the completion of public improvements for Saguaro Bloom Block 3; and WHEREAS the Subdivider has completed the public improvements for Saguaro Bloom Block 3 acceptable to Town standards in accordance with the Assurance Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Assurance Agreement is hereby released. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 1.2 miles of the following paved streets as shown on the plat of Saguaro Bloom Block 3: • Buzzing Bee Trail • Old Agave Trail • Blue Saguaro Street • Spanish Dagger • Howling Wolf Road • Weeping Owl Road • Silver Cholla Drive • Wild Spring Drive Section 3. The Town accepts for maintenance the potable water system serving Saguaro Bloom Block 3, consisting of approximately 7,780 linear feet of potable water line, water meters, valves, fire hydrants and appurtenances with an estimated value of $443,897.89. Marana Regular Council Meeting 12/19/2017 Page 255 of 483 Marana Resolution No. 2017-111 - 2 - 2/28/2017 4:28 PM Section 4. The Town accepts for maintenance the sanitary sewer system serving Saguaro Bloom Block 3, consisting of approximately 6090 linear feet of conveyance system and appurtenances with an estimated value of $465,043.73. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of December, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 12/19/2017 Page 256 of 483 Marana Regular Council Meeting 12/19/2017 Page 257 of 483    Council-Regular Meeting C4 Meeting Date:12/19/2017   To:Mayor and Council From:Frank Cassidy, Town Attorney Date:December 19, 2017 Strategic Plan Focus Area: Community  Strategic Plan Focus Area Additional Info: Initiative 24: Continually seek and evaluate new water resources to increase the Town's water portfolio  Subject:Resolution No. 2017-112: Relating to Real Estate; approving and authorizing the Mayor to sign the Purchase Agreement with Metropolitan Domestic Water Improvement District for the sale of certain Town property rights in the vicinity of the Marana Regional Airport (Frank Cassidy) Discussion: By the adoption of Resolution No. 2017-033 on April 18, 2017, the Town Council approved and authorized the signing of an IGA with Metropolitan Domestic Water Improvement District (Metro Water) and the Town of Oro Valley for the Northwest Recharge, Recovery, and Delivery System (NWRRDS) -- a water infrastructure project that will allow each participating entity to convey its recovered water from recharge facilities near the Marana Regional Airport to each water company's service area. The NWRRDS will allow Marana Water to deliver its recovered water to the Twin Peaks area east of Interstate 10, and will allow Oro Valley Water and Metro Water to deliver their recovered water to their respective service areas further to the east. Metro Water is the lead agency for the NWRRDS. Metro Water is in the process of acquiring a wellsite on State Land east of the Marana Regional Airport, to construct a recovery well for Metro Water's recharged water resources in the vicinity. Metro Water needs to acquire property rights for the installation of a pipeline and access road across the Town's airport property, to convey water from the new recovery well to the western terminus (starting point) of the NWRRDS pipeline. Metro Water representatives have negotiated with Town staff to acquire the needed property rights for the pipeline and access road. Metro Water is acquiring fee title to a 55-foot strip of land along the east and southeast edge of the airport property. To avoid traffic conflicts at the currentMarana Regular Council Meeting 12/19/2017 Page 258 of 483 along the east and southeast edge of the airport property. To avoid traffic conflicts at the current airport access road's intersection with Avra Valley Road, the Metro Water access road will cut over to the airport access road about 195 feet north of the Avra Valley Road right-of-way line. Metro Water will relocate the airport security fence to the west and northwest edge of the 55-foot acquisition area, putting the Metro Water pipeline and access road outside the airport perimeter fence. In addition, Metro Water will move the airport access road gate about 100 feet north of its existing location, putting the intersection of the airport access road and Metro Water's access road outside the gate. This will allow Metro Water personnel to access Metro Water's pipeline and recharge well without crossing into the Town's gated and fenced airport security area. Copies of the proposed purchase agreement, warranty deed (for the 55-foot strip), and access easement (for the cutover to the airport access road) are included in the agenda materials, along with a worksheet breaking down the compensation. Financial Impact: If the purchase agreement is approved, Metro Water will pay the Town $28,400 for the property rights being acquired, and will pay all associated closing costs. As explained above, Metro Water will also pay for the relocation of the airport perimeter fencing and gate. Staff Recommendation: Staff recommends adoption of Resolution No. 2017-112, approving and authorizing the Mayor to sign the Purchase Agreement with Metropolitan Domestic Water Improvement District for the sale of certain property rights at the Marana Airport. Suggested Motion: I move to adopt Resolution No. 2017-112, approving and authorizing the Mayor to sign the Purchase Agreement with Metropolitan Domestic Water Improvement District for the sale of certain property rights at the Marana Airport. Attachments Resolution No. 2017-112  Metro Water Purchase Agreement  Warranty Deed  Access Easement  Reconciliation  Marana Regular Council Meeting 12/19/2017 Page 259 of 483 00055180.DOCX /1 Marana Resolution No. 2017-112 -1 -12/5/2017 6:06 PM MARANA RESOLUTION NO. 2017-112 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE PURCHASE AGREEMENT W ITH METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT FOR THE SALE OF CERTAIN TOWN PROPERTY RIGHTS IN THE VICINITY OF THE MARANA REGIONAL AIRPORT WHEREAS the Metropolitan Domestic Water Improvement District (Metro Water), the Town of Marana, and the Town of Oro Valley currently store water underground or utilize groundwater savings facilities in the north Marana area; and WHEREAS, to utilize this water, the three entities have entered into an intergovernmental agreement to facilitate the construction of the Northwest Recharge, Recovery, and Delivery System (NWRRDS), to transport water from north Marana to meet current and future water demands in the north area of the Tucson Basin; and WHEREAS Metro Water is in the process of acquiring a wellsite on State Land east of the Marana Regional Airport, to construct a recovery well for Metro Water's recharged water resources in the vicinity; and WHEREAS Metro Water needs to acquire property rights for the installation of a pipeline and access road across the Town’s property immediately east of the Marana Regional Airport, , to convey water from the new recovery well to the western terminus (starting point) of the NWRRDS pipeline; and WHEREAS Metro Water has presented a Purchase Agreement and related documents for the acquisition of the Town’s land; and WHEREAS the Town Council finds that the proposed Metro Water Purchase Agreement is in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Purchase Agreement, addressing Metro Water’s acquisition of property rights from the Town east of the Marana Regional Airport, in substantially the form found in the agenda materials for this meeting, is hereby approved, and the Mayor is hereby authorized to sign it and any associated deeds and related sale documents for and on behalf of the Town of Marana. Marana Regular Council Meeting 12/19/2017 Page 260 of 483 00055180.DOCX /1 Marana Resolution No. 2017-112 - 2 - 12/5/2017 6:06 PM SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Metro Water Purchase Agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of December, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 12/19/2017 Page 261 of 483 Purchase Agreement Page 1 PURCHASE AGREEMENT This Agreement is made by and between Town of Marana, an Arizona municipal corporation, (“Owner”), and Metropolitan Domestic Water Improvement District , an Arizona Municipal Corporation, (“Buyer”). Property and Purchase Amount . Owner owns the property described in Exhibits “A”, “B” and “C” and depicted on Exhibits “A-1”, “B-1” and “C-1” attached hereto (the “Property and Easement”). Buyer agrees to acquire from Owner, and Owner agrees to convey to Buyer, fee and easement interests in, on, over, under, across and through the Property for the sum of $28,400.00, (the “Purchase Amount”), subject to the terms and conditions set forth herein. The Buyer also agrees to pay costs as set forth below. It is the intent of the Parties that the Property described in Exhibits “A” and ”B” and depicted on Exhibits “A-1” and “B-1” shall make a single fee parcel. Escrow and Prorations. The Purchase Amount shall be payable in full at closing. The date of closing shall be used for proration of property taxes and other similar costs as agreed. Property taxes shall be prorated based upon both the date of closing and the size of the Property. Buyer and Owner mutually agree to engage Stewart Title Company as Escrow Company for the purpose of satisfying all lienholders and securing any necessary releases of encumbrances. Costs associated with satisfying all lienholders and securing any necessary releases of encumbrances shall be the sole responsibility of the Buyer and shall be deducted from the purchase amount at closing. This contract shall serve as escrow instructions in the event an escrow is opened. Closing Costs. Expenses incidental to transfer of title, including title reports, recording fees, escrow fees, releases and Owners Title Insurance Policy, shall be paid by the Buyer. Title. A Title Report and Commitment of Title Insurance for the subject Property shall be obtained by the Buyer. Buyer reserves the right to terminate this agreement. Public Water Easement. The Owner shall provide a Public Water Easement and the Owner shall execute said Public Water Easement granting to Buyer an easement interest subject only to those matters identified in as exceptions in the title report. Environmental Representations. The Buyer and the Owner agree that neither party is assuming any obligation of the other party relating to any potential liability, if any, arising from Marana Regular Council Meeting 12/19/2017 Page 262 of 483 Purchase Agreement Page 2 the environmental condition of the Property, each party remaining responsible for its obligations as set forth by law. Owner hereby represents and warrants that, to the best of Owner's knowledge, no pollutants, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or are located on the Property or within any surface or subsurface waters thereof; that no underground tanks have been located on the Property; that the Property is in compliance with all Federal, State and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the Property. Environmental Inspection Rights. Owner shall permit Buyer to conduct such inspections of the Property as the Buyer deems necessary to determine the environmental condition of the Property. If environmental inspections do not specifically identify contamination but indicate a potential for contamination and recommend further testing or inspection, the parties hereby agree to extend the date of closing to 30 days after the report for such additional testing or inspection is completed on behalf of Buyer, but not later than an additional 180-day extension. If any environmental inspection reveals the presence of contamination or the need to conduct environmental clean up Buyer may terminate this agreement at no cost or penalty. Right of Entry. The Owner hereby grants to Buyer, its agents and contractors, Right of Entry to the Property for inspections, tests, surveys, etc. Non-monetary Commitments. Buyer will be responsible, at Buyer’s expense, for the removal of an existing Airport Security Fence and Gate located along and on Airport Road and relocating in-kind said gate and fence approximately 100 feet north of its present location, as depicted on Exhibit “D”. Buyer will also be responsible, at its own expense, for the removal and relocation in-kind of the existing Airport Security Fence to the west edge of the new 55-foot fee property acquisition area to match the existing Airport Security Fencing, as depicted on Exhibit “D”. Said relocation of gate and fences as previously stated above will be completed by Buyer prior to construction of any improvements on the subject property or regular use of the subject property for access purposes. No Personal Property . The parties acknowledge that no personal property is being transferred pursuant to this Agreement. Security Interest. Monies payable under this Agreement may be due holders (the "Lienholders") of certain notes secured by mortgages or deeds of trusts, up to and including the total amount of unpaid principal, interest and penalty on the notes, if any, and shall, upon demand by the Lienholders, be paid to the Lienholders. Owner shall obtain from the Lienholders releases associated with the transfer of this Property, and prior to close of escrow. Marana Regular Council Meeting 12/19/2017 Page 263 of 483 Purchase Agreement Page 3 Possession and Closing. Possession of the Property shall be given to the Buyer on date of closing. Closing shall be on or before 60 days after the date this Agreement is approved by the Buyer or 30 days after receipt of all necessary releases or consents from Lienholders. No Leases. Owner warrants that there are no oral or written leases on all or any portion of the Property. Broker's Commission. No broker or finder has been used and Buyer owes no brokerage or finders fees related to this transaction. Owner has sole responsibility to pay all brokerage or finders fees to any agent employed. No Sale. Owner shall not sell or encumber the Property in any way before closing. Survival of Representation and Warranties. All representations and warranties contained herein shall survive the closing. Entire Agreement. This signed document shall constitute the entire Agreement between the parties and no modification or amendment to this Agreement shall be binding unless in writing and signed by both parties. Dated this _____ day of ______________________________, 2017 Grantor: Town of Marana, an Arizona municipal corporation. ATTEST: _______________________________ _______________________________ By: Ed Honea By: Jocelyn Bronson As: Mayor AS: Town Clerk APPROVED AS TO FORM _______________________________ By Frank Cassidy As: Town Attorney Marana Regular Council Meeting 12/19/2017 Page 264 of 483 Purchase Agreement Page 4 Approved and Accepted by Metropolitan Domestic Water Improvement District, an Arizona Municipal Corporation. _______________________________ Date: __________________________ Marana Regular Council Meeting 12/19/2017 Page 265 of 483 Purchase Agreement Page 5 Exhibit “A” Marana Regular Council Meeting 12/19/2017 Page 266 of 483 Purchase Agreement Page 6 Exhibit “ A” Cont Marana Regular Council Meeting 12/19/2017 Page 267 of 483 Purchase Agreement Page 7 Exhibit “A-1” Depiction Marana Regular Council Meeting 12/19/2017 Page 268 of 483 Purchase Agreement Page 8 Exhibit “B” Marana Regular Council Meeting 12/19/2017 Page 269 of 483 Purchase Agreement Page 9 Exhibit “B-1” Depiction Marana Regular Council Meeting 12/19/2017 Page 270 of 483 Purchase Agreement Page 10 Exhibit “C” Marana Regular Council Meeting 12/19/2017 Page 271 of 483 Purchase Agreement Page 11 Exhibit “C-1” Depiction Marana Regular Council Meeting 12/19/2017 Page 272 of 483 Purchase Agreement Page 12 Exhibit “D” Aerial Photo Marana Regular Council Meeting 12/19/2017 Page 273 of 483 Marana Regular Council Meeting 12/19/2017 Page 274 of 483 Marana Regular Council Meeting 12/19/2017 Page 275 of 483 Marana Regular Council Meeting 12/19/2017 Page 276 of 483 Marana Regular Council Meeting 12/19/2017 Page 277 of 483 Marana Regular Council Meeting 12/19/2017 Page 278 of 483 Marana Regular Council Meeting 12/19/2017 Page 279 of 483 Marana Regular Council Meeting 12/19/2017 Page 280 of 483 Marana Regular Council Meeting 12/19/2017 Page 281 of 483 Marana Regular Council Meeting 12/19/2017 Page 282 of 483 Marana Regular Council Meeting 12/19/2017 Page 283 of 483 Marana Regular Council Meeting 12/19/2017 Page 284 of 483 Marana Regular Council Meeting 12/19/2017 Page 285 of 483 Marana Regular Council Meeting 12/19/2017 Page 286 of 483    Council-Regular Meeting C5 Meeting Date:12/19/2017   To:Mayor and Council From:Lisa Shafer, Community Development Director Date:December 19, 2017 Strategic Plan Focus Area: Not Applicable  Subject:Resolution No. 2017-113:  Relating to the Police Department; approving and authorizing the Interim Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2017 Operation Stonegarden Grant Program (Lisa Shafer) Discussion: The Town of Marana has been selected to participate in Operation Stonegarden activities in southern Arizona. Operation Stonegarden is a federally funded program originating with the 2006 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Hurricane Recovery. Funding was renewed for the current fiscal year, providing the Town of Marana an opportunity to participate and receive funding for the ninth straight year. The program provides states the flexibility to use Department of Homeland Security grant funding to enhance coordination among state and federal law enforcement agencies at and near the U.S./Mexico border. The program requires states to identify and prioritize solutions to their border security needs and provides funding to state and local agencies to implement the state’s individual goals and objectives. For 2017-2018, the Town was awarded $165,000 under a subgrantee agreement with the Arizona Department of Homeland Security to support Operation Stonegarden. Funding will be used to augment and support Border Patrol coverage of egress from the border areas with state, local and tribal police agencies. Through participation in this operation, Marana will use its authority to control the routes and reduce the propensity for cross-border crime in the area. Patrols will concentrate on the 109 miles of arterial roadways serving as regional east-west connectors between State Route 77 and I-10 and the more than 57 miles of rural, mostly two-lane roads paralleling I-10 to the west. The Marana Police Department's primary goals are to: (1) reduce crime in border communities to improve the quality of life; (2) deter illegal entries through teamwork with other local and federal Marana Regular Council Meeting 12/19/2017 Page 287 of 483 agencies; (3) assist in apprehending terrorists and terrorist weapons illegally entering the United States; and (4) coordinate operations with the Pima County Sheriff’s Department and U.S. Border Patrol (USBP) Tucson Sector. Marana, in cooperation with the Pima County Sheriff and U.S. Border Patrol, will deploy officers along prime roadways prone to invoke illegal activity and national security concerns. Because Marana sits 60 miles from the Mexican Border and hosts segments of rural transportation routes traditionally used to smuggle undocumented workers and drugs up from Mexico, three specific areas will be targeted for Stonegarden activities: Area one:  Sandario Rd from Emigh Rd to Avra Valley Rd Area two:  Avra Valley from the Silverbell Mines to I-10 Area three: Silverbell Rd/Twin Peaks Rd Corridor Area four:  I-10 from Twin Peaks Rd to the Pinal County line Area five:  Discretionary area with Marana PD sworn supervisor approval to provide flexibility to the Chief of Patrol, USBP To support this initiative Marana will deploy uniformed officers, a canine officer, and a supervisor with supporting staffing from dispatch. These deployments will be conducted in coordination with partnering agencies. Deployment dates will coincide with Operation COBIJA, Operation Knight Hunter, “surge” dates identified by HIDTA, United States Border Patrol, ICE, and internal/external intelligence information and trends. If contact and/or interaction are made with certain “persons of interest,” notification will be made to the Office of Customs and Border Protection, U.S. Border Patrol or the appropriate agency. Deployments will be based on specific threats which can be targeted and countered and shifts in illegal traffic patterns due to increased enforcement actions. These activities will be coordinated through the USBP. Marana will identify these shift times and locations and address them accordingly. As an active participant in regional planning, emergency operations, and homeland security initiatives, the Marana Police Department has been impacted by increased contacts with illegal entrants and human and narcotics smugglers migrating through the community as focused enforcement has caused a deviated travel pattern from the US Mexican Border along the I-10 corridor. Financial Impact: Fiscal Year:2018 Budgeted Y/N:Y Amount:$165,000 Funding has been awarded to support overtime and mileage reimbursement ($165,000). There is no match requirement from the Town for the funding. Staff Recommendation: Staff recommends approval of the Subgrantee Agreement with the Arizona Department of Marana Regular Council Meeting 12/19/2017 Page 288 of 483 Staff recommends approval of the Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2017 Operation Stonegarden Grant Program. Suggested Motion: I move to adopt Resolution No. 2017-113 approving and authorizing the Interim Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2017 Operation Stonegarden Grant Program. Attachments Resolution No. 2017-113  Exhibit A  Marana Regular Council Meeting 12/19/2017 Page 289 of 483 00055288.DOCX /1 Marana Resolution No. 2017-113 MARANA RESOLUTION NO. 2017-113 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE INTERIM TOWN MANAGER TO EXECUTE A SUBGRANTEE AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR PURPOSES OF RECEIVING FUNDS UNDER THE 2017 OPERATION STONEGARDEN GRANT PROGRAM WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters involving Homeland and Border Security; and WHEREAS the Marana Police Department is working with the Arizona Department of Homeland Security, United States Border Patrol, and other community agencies as a regional partner in the Operation Stonegarden Program; and WHEREAS the Arizona Department of Homeland Security has awarded grant funding to the Town for the provision of overtime pay and mileage for services provided in coordination with the Operation Stonegarden Program; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into a Subgrantee Agreement with the Arizona Department of Homeland Security to be eligible to receive funds related to the Operation Stonegarden Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Subgrantee Agreement between the Arizona Department of Homeland Security and the Town of Marana, in substantially the form attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Interim Town Manager is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town’s Interim 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, and objectives of the Subgrantee Agreement. Marana Regular Council Meeting 12/19/2017 Page 290 of 483 00055288.DOCX /1 Marana Resolution No. 2017-113 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of December, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: _________ Frank Cassidy, Town Attorney Marana Regular Council Meeting 12/19/2017 Page 291 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 1 SUBRECIPIENT AGREEMENT OPERATION STONEGARDEN GRANT PROGRAM OVERTIME/MILEAGE 16-AZDOHS-OPSG- Enter Subrecipient Agreement number above (e.g., 160XXX-XX) Between The Arizona Department of Homeland Security And Enter the name of the Subrecipient Agency above WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the (Subrecipient) for services under the terms of this Agreement (the “Agreement”). I. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the rights and responsibilities of AZDOHS in administering the distribution of homeland security grant funds to the Subrecipient, and to specify the rights and responsibilities of the Subrecipient as the recipient of these funds. II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS This Agreement shall become effective on November 1, 2016 and shall terminate on December 31, 2017. The obligations of the Subrecipient as described herein will survive termination of this agreement. III. DESCRIPTION OF SERVICES The Subrecipient shall provide the services for AZDOHS as set forth in writing in Subrecipient’s grant application titled “OPSG Overtime and Mileage” and funded at $ (as may have been modified by the award letter). Enter Funded Amount above IV. MANNER OF FINANCING The AZDOHS shall under the U.S. Department of Homeland Security grant # EMW -2016-SS- 00119-S01 and CFDA #97.067: a) Provide up to $ to the Subrecipient for services provided under Paragraph III. b) Payment made by the AZDOHS to the Subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the Subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov. Payments will be contingent upon receipt of all reporting requirements of the Subrecipient under this Agreement. Marana Regular Council Meeting 12/19/2017 Page 292 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 2 V. FISCAL RESPONSBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used only for the project as described in the application and award documentation. Therefore, should the project not be completed, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. If the project is completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient in accordance with the approved application. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption or otherwise by the AZDOHS, the State, or Federal government, the Subrecipient shall reimburse said funds directly to the AZDOHS immediately. VI. FINANCIAL AUDIT/PROGRAMMATIC MONITORING The Subrecipient agrees to comply with the record-keeping requirements and other requirements of A.R.S. § 35-214 and § 35-215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par. 7501-7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the Subrecipient must have an annual audit conducted in accordance with 2 CFR 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) if the Subrecipient expends more than $750,000 from Federal awards. If the Subrecipient has expended more than $750,000 in Federal dollars, a copy of the Subrecipient’s audit report for the previous fiscal year and subsequent years within the period of performance is due annually to AZDOHS within nine (9) months of the Subrecipient’s fiscal year end. Failure to comply with any requirements imposed as a result of an audit will suspend the release of funds by AZDOHS to Subrecipient until Subrecipient is in compliance with all such requirements. b) Subrecipients who do not expend more than $750,000 in Federal dollars in the previous fiscal year and subsequent years within the period of performance must submit to AZDOHS via audits@azdohs.gov, a statement stating they do not meet the threshold and therefore do not have to complete a Single Audit (formerly known as OMB Circular A-133 Audits of States, Local Governments and Nonprofit Organizations). c) Subrecipient will be monitored periodically by AZDOHS, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based reviews and on-site monitoring visits. Monitoring can involve aspects of the work involved under this Agreement including but not limited to the review and analysis of financial, programmatic, equipment, performance, and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. Subrecipient shall participate in and cooperate with all such monitoring by AZDOHS, and shall provide access to all personnel, documents, and other records as may be requested from time to time by AZDOHS. Subrecipient also shall comply with all requests of AZDOHS that AZDOHS deems necessary to assure the parties’ compliance with their obligations under this Agreement. VII. APPLICABLE FEDERAL REGULATIONS The Subrecipient must comply with the Notice of Funding Opportunity (NOFO), Office of Management and Budget Code of Federal Regulations (CFR) 2 CFR 200: Uniform Guidance. The NOFO for this program is hereby incorporated into your award agreement by reference. By accepting this award, the Subrecipient agrees that all allocation and use of funds under this grant will be in accordance with the requirements contained in the NOFO. Marana Regular Council Meeting 12/19/2017 Page 293 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 3 Where applicable and with prior written approval from AZDOHS/DHS/FEMA, HSGP Program recipients using funds for construction projects must comply with the Davis-Bacon Act (40 U.S.C. 3141 et seq.). Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis-Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website http://www.dol.gov/compliance/laws/comp-dbra.htm. National Incident Management System (NIMS) The Subrecipient agrees to remain in compliance with National Incident Management System (NIMS) implementation initiatives as outlined in the applicable NOFO. Environmental Planning and Historic Preservation The Subrecipient shall comply with Federal, State and Local environmental and historical preservation (EHP) regulations, laws and Executive Orders as applicable. Subrecipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that DHS/FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, DHS/FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry out the proposed project. If ground disturbing activities occur during project implementation, the Subrecipient must ensure monitoring of ground disturbance and if any archeological resources are discovered, the Subrecipient shall immediately cease construction in that area and notify FEMA, AZDOHS and the appropriate State Historic Preservation Office. DHS/FEMA will not fund projects that are initiated without the required EHP review. Additionally, all recipients are required to comply with DHS/FEMA EHP Policy Guidance. This EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation Policy Guidance, and FP 108.24.4, Environmental Planning and Historical Preservation Policy. Included within the above mentioned guidance documents are provisions for the following: Consultants/Trainers/Training Providers Invoices for consultants/trainers/training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant/trainer/training provider costs must be within the prevailing rates; must be obtained under consistent treatment with the procurement policies of the Subrecipient and 2 CFR 200; and shall not exceed the maximum of $450 per day per consultant/trainer/training provider unless prior written approval is granted by the AZDOHS. In addition to the per day $450 maximum amount, the consultant/trainer/training provider may be reimbursed reasonable travel, lodging, meal and incidental expenses not to exceed the State rate. Itemized receipts are required for lodging and travel reimbursements. The Subrecipient will not be reimbursed costs other than travel, lodging, meals and incidentals on travel days for consultants/trainers/training providers. Contractors/Subcontractors The Subrecipient may enter into written subcontract(s) for performance of certain of its functions under the Agreement in accordance with terms established in 2 CFR 200 and the NOFO. The Marana Regular Council Meeting 12/19/2017 Page 294 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 4 Subrecipient agrees and understands that no subcontract that the Subrecipient enters into with respect to performance under this Agreement shall in any way relieve the Subrecipient of any responsibilities for performance of its duties. The Subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the Subrecipient by any subcontractor or vendor which, in the opinion of the Subrecipient, may result in litigation related in any way to this Agreement. Travel Costs All grant funds expended for travel, lodging, meals and incidentals must be consistent with the subrecipient’s policies and procedures; and the State of Arizona Accounting Manual (SAAM); must be applied uniformly to both federally financed and other activities of the agency; and will be reimbursed at the most restrictive allowability and rate. At no time will the Subrecipient’s reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: https://gao.az.gov. Procurement The Subrecipient shall comply with of its own procurement rules/policies and must also comply with Federal procurement rules/policies (including but not limited to those outlined in section VII of this Agreement) and all Arizona State procurement code provisions and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The Subrecipient shall not enter into a Noncompetitive (Sole or Single Source) Procurement Agreement, unless prior written approval is granted by the AZDOHS. The Noncompetitive Procurement Request Form and instructions are located on the AZDOHS website: www.azdohs.gov/grants. Training and Exercise The Subrecipient agrees that any grant funds used for training and exercise must be in compliance with the applicable NOFO. All training must be approved through the ADEM/AZDOHS training request process prior to execution of training contract(s). All exercises must utilize and comply with the FEMA Homeland Security Exercise and Evaluation Program (HSEEP) guidance for exercise design, development, conduct, evaluation and reporting. Subrecipient agrees to: a) Submit an exercise summary and attendance/sign-in roster to AZDOHS with all exercise reimbursement requests as outlined in section X. b) Within 90 days of completion of an exercise, or as prescribed by the most current HSEEP guidance, the exercise host Subrecipient is required to email the After Action Report/Improvement Plan (AAR/IP) to the local County Emergency Manager, the AZDOHS Strategic Planner, and the Arizona Department of Emergency and Military Affairs (DEMA) Exercise Branch. Nonsupplanting Agreement The Subrecipient shall not use funds received under this Agreement to supplant Federal, State or Local funds or other resources that would otherwise have been made available for this program/project. The Subrecipient may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the Subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the Subrecipient may resume charging for the grant position. Marana Regular Council Meeting 12/19/2017 Page 295 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 5 E-Verify Compliance requirements for A.R.S. § 41-4401—immigration laws and E-Verify requirement. a) The Subrecipient warrants its compliance with all State and Federal immigration laws and regulations relating to its employees and to employees of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, including but not limited to A.R.S. § 23-214, Subsection A (that subsection reads: “After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program”). b) A breach of a warranty by Subrecipient regarding compliance with immigration laws and regulations shall be deemed a material breach of this Agreement and the Subrecipient may be subject to penalties to be determined at AZDOHS’s discretion, up to and including termination of this Agreement. c) The AZDOHS retains the legal right to inspect the papers of any Subrecipient employee who works on the Agreement, and to those of any employee of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, to ensure that the Subrecipient is complying with the warranty under paragraph (a) above. Property Control Effective control and accountability must be maintained by Subrecipient for all property/equipment purchased under this Agreement. The Subrecipient must adequately safeguard all such property/equipment and must assure that it is used for authorized purposes as described in the NOFO, grant application, and Code of Federal Regulations 2 CFR 200. The Subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. a) Property/equipment shall be used by the Subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. Subrecipient is required to maintain and utilize equipment as outlined in 2 CFR 200.313 - Equipment. Any loss, damage, or theft shall be investigated and reported to the AZDOHS. b) Nonexpendable Property/Equipment and Capital Assets: 1. Nonexpendable Property/Equipment is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $5,000 (Five Thousand Dollars) or more, and does not become a fixture or lose its identity as a component of other equipment or systems. 2. A Capital Asset is any personal or real property, or fixture that has an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and a useful life of more than one year. c) A Property Control Form (if applicable) shall be maintained for the entire scope of the program or project for which property was acquired through the end of its useful life and/or disposition. All Nonexpendable Property and Capital Assets must be included on the Property Control Form. The Subrecipient shall provide AZDOHS a copy of the Property Control Form with the final quarterly programmatic report. A Property Control Form can be located at www.azdohs.gov. The Subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives to verify information. d) A physical inventory of Nonexpendable Property/Equipment and Capital Assets must be taken and the results reconciled with the Property Control Form at least once every two years. Marana Regular Council Meeting 12/19/2017 Page 296 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 6 1. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated and reported to AZDOHS. 2. Adequate maintenance procedures must be developed to keep the property in good condition. e) When Nonexpendable Property/Equipment and/or Capital Assets are no longer in operational use by the Subrecipient, an updated Property Control Form must be submitted to AZDOHS immediately. The disposition of equipment shall be in compliance with the AZDOHS Disposition Guidance and 2 CFR 200. If the Subrecipient is requesting disposition of Capital Assets for reasons other than theft, destruction, or loss, the subrecipient must submit an Equipment Disposition Request Form and receive approval prior to the disposition. The Equipment Disposition Request Form can be found at www.azdohs.gov. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable Code of Federal Regulations, authorized equipment lists, and guidance documents referenced above. a) The Subrecipient agrees that grant funds for any indirect costs that may be incurred are in accordance with 2 CFR 200 and the NOFO. b) The Subrecipeint agrees that grant funds are not to be expended for any Management and Administrative (M&A) costs that may be incurred by the Subrecipient for administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with the applicable NOFO. VIII. DEBARMENT CERTIFICATION The Subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions.” All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. IX. FUNDS MANAGEMENT The Subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with funds from other sources. The Subrecipient must manage funds according to applicable Federal regulations for administrative requirements, costs principles, and audits. The Subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are:  Financial Management  Procurement  Personnel  Property  Travel A system is adequate if it is 1) written; 2) consistently followed – it applies in all similar circumstances; and 3) consistently applied – it applies to all sources of funds. Marana Regular Council Meeting 12/19/2017 Page 297 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 7 X. REPORTING REQUIREMENTS Regular reports by the Subrecipient shall include: a) Programmatic Reports The Subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided. The Subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The Subrecipient shall use the Quarterly Programmatic Report form, which is posted at www.azdohs.gov. If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire scope of the project is completed. b) Quarterly Programmatic Reports are due: January 15 (for the period from October 1– December 31) April 15 (for the period from January 1 – March 31) July 15 (for the period from April 1 – June 30) October 15 (for the period from July 1 – September 30) c) Final Quarterly Report: The final quarterly report is due no more than fifteen (15) days after the end of the performance period. Subrecipient may submit a final quarterly report prior to the end of the performance period if the scope of the project has been fully completed and implemented. The Property Control Form is due with the final quarterly report (if applicable). d) Property Control Form – if applicable: The Subrecipient shall provide the AZDOHS a copy of the Property Control Form with the final quarterly report. a. In case of equipment disposition: The Property Control Form shall be updated and a copy provided to AZDOHS no more than forty-five (45) calendar days after equipment disposition, if applicable. The disposition of equipment must be in compliance with the AZDOHS Disposition Guidance and 2 CFR 200.313. e) Financial Reimbursements The Subrecipient shall provide AZDOHS request for reimbursement as frequently as monthly but not less than quarterly. Reimbursement requests are only required when expenses have been incurred. Reimbursement requests shall be submitted with the Reimbursement Form provided by the AZDOHS staff. The Subrecipient shall submit a final reimbursement request for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty-five (45) calendar days after the end of the Agreement. Requests for reimbursement received by AZDOHS later than forty-five (45) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked as final. The AZDOHS requires that all requests for reimbursement are submitted via United States Postal Service, FedEx, UPS, etc. or in person. Reimbursement requests submitted via fax or by any electronic means will not be accepted. Marana Regular Council Meeting 12/19/2017 Page 298 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 8 The AZDOHS reserves the right to request and/or require any supporting documentation and/or information it feels necessary in order to process reimbursements. Subrecipient shall promptly provide AZDOHS with all such documents and/or information. All reports shall be submitted to the contact person as described in Paragraph XXXVII, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The Subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the Subrecipient and the AZDOHS. In the event of any new legislation, laws, ordinances, or rules affecting this Agreement, the parties agree that the terms of this Agreement shall automatically incorporate the terms of such new legislation, laws, ordinances, or rules. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the Subrecipient’s compensation, if applicable; 3) be titled as an “Amendment,” and 4) be signed by the parties identified in the preceding paragraph. The Subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XIII. US DEPARTMENT OF HOMELAND SECURITY AGREEMENT ARTICLES Article A – Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to this Agreement after it has been entered into, including changes to period of performance or terms and conditions, the Subrecipient will be notified of the changes in writing. Once notification has been made, any subsequent request for funds by Subrecipient will constitute Subrecipient’s acceptance of the changes to this Agreement and the incorporation of such changes into this Agreement. Article B - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired in conjunction with this Agreement by the Subrecipient is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, the Subrecipient must request instructions from DHS/FEMA via AZDOHS to make proper disposition of the equipment pursuant to 2 CFR § 200.313. Article C - DHS Specific Acknowledgements and Assurances Subrecipient hereby acknowledges and agrees—and agrees to require any contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Subrecipient hereby agrees to cooperate with any compliance review or complaint investigation conducted by DHS. 2. Subrecipient hereby agrees to give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. Marana Regular Council Meeting 12/19/2017 Page 299 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 9 3. Subrecipient hereby agrees to submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Subrecipient hereby agrees to comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the Subrecipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the Subrecipient shall provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by email at crcl@hq.dhs.gov or by mail at U.S. Department of Homeland Security Office of Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. 6. In the event any court or administrative agency makes a finding of discrimination by Subrecipient (or any of its contractors or subcontractors involved in providing goods or services under this Agreement) on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, Subrecipient must forward a copy of the complaint and findings to the DHS financial assistance office and the CRCL office by email or mail at the addresses listed above. Subrecipient hereby acknowledges and agrees that the United States has the right to seek judicial enforcement of these obligations. Article D - Use of DHS Seal, Logo and Flags Subrecipient hereby acknowledges that it must obtain DHS’s approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article E - USA Patriot Act of 2001 Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. Article F - Trafficking Victims Protection Act of 2000 Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104). The award term is located at 2 CFR Part 175. Article G - Lobbying Prohibitions The Subrecipient hereby acknowledges and agrees that it must comply with 31 U.S.C. § 1352, and acknowledges and agrees that none of the funds provided under this Agreement may be used to pay any person to influence, or attempt to influence an officer or employee of any agency (whether State or Federal), a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Marana Regular Council Meeting 12/19/2017 Page 300 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 10 Article H - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a), the Subrecipient hereby acknowledges and agrees that it must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. Article I - Fly America Act of 1974 The Subrecipient hereby acknowledges and agrees that it must comply with the following Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942. Article J - Federal Debt Status The Subrecipient hereby acknowledges and agrees that it is required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. Article K - False Claims Act and Program Fraud Civil Remedies The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. Article L - Duplication of Benefits Any cost allocable to a particular Federal award, provided for in 2 CFR Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a Subrecipient form shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. Article M - Drug-Free Workplace Regulations The Subrecipient hereby acknowledges and agrees that it must comply with the Drug-Free Workplace Act of 1988 (412 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. These regulations are codified at 2 CFR 3001. Article N - Copyright The Subrecipient hereby acknowledges and agrees that it must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards. Article O - Best Practices for Collection and Use of Personally Identifiable Information (PII) The Subrecipient hereby acknowledges and agrees that if it collects PII, it is required to have a publicly-available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. Marana Regular Council Meeting 12/19/2017 Page 301 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 11 Article P - Activities Conducted Abroad The Subrecipient hereby acknowledges and agrees that it must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article Q - Acknowledgement of Federal Funding from DHS The Subrecipient hereby acknowledges and agrees that it must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article R - Assurances, Administrative Requirements and Cost Principles, and Audit Requirements The Subrecipient hereby acknowledges and agrees that it must complete OMB Standard Form 424B Assurances – Non-Construction Programs. Certain assurances in this document may not be applicable to this Agreement, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. Article S - Age Discrimination Act of 1975 The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article T - Americans with Disabilities Act of 1990 The Subrecipient hereby acknowledges and agrees that it shall comply with all State and Federal equal opportunity and non-discrimination requirements and conditions of employment, including but not limited to Arizona Executive Order 2009-9 and the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101–12213). Article U - Civil Rights Act of 1964 - Title VI The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), codified at 6 CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article V - Civil Rights Act of 1968 The Subrecipient hereby acknowledges and agrees that it must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features (see 24 CFR § 100.201). Article W - Limited English Proficiency (Civil Rights Act of 1964, Title VI) The Subrecipient hereby acknowledges and agrees that it must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with Limited English Proficiency (LEP) to their programs and Marana Regular Council Meeting 12/19/2017 Page 302 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 12 services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-accesspeople-limited and additional resources on http://www.lep.gov. Article X - SAFECOM The Subrecipient hereby acknowledges and agrees that recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article Y - Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19. Article Z - Rehabilitation Act of 1973 The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article AA - Energy Policy and Conservation Act The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article AB - Patents and Intellectual Property Rights Unless otherwise provided by law, the Subrecipient hereby acknowledges and agrees that it is subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq., and that it is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards are in 37 CFR Part 401 and the standard patent rights clause in 37 CFR § 401.14. Article AC - Procurement of Recovered Materials The Subrecipient hereby acknowledges and agrees that it must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and that the requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article AD - Terrorist Financing The Subrecipient hereby acknowledges and agrees that it must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Subrecipient to ensure compliance with the Order and laws. Marana Regular Council Meeting 12/19/2017 Page 303 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 13 Article AE - Whistleblower Protection Act The Subrecipient hereby acknowledges and agrees that it must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article AF - Reporting of Matters Related to Recipient Integrity and Performance If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and, Performance Matters located at 2 CFR Part 200 Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. Article AG - Reporting Subawards and Executive Compensation All recipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 CFR Part 170, Appendix A, the full text of which is incorporated here by reference in the terms and conditions of your award. Article AH - Federal Leadership on Reducing Text Messaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. XIV. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services under this Agreement shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by the Subrecipient’s contractors and subcontractors at all tiers. XV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XVI. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the Subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the Subrecipient give a written assurance of intent to perform. If the Subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS at its option may terminate this Agreement. XVII. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the Subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. Marana Regular Council Meeting 12/19/2017 Page 304 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 14 XVIII. THIRD PARTY ANTITRUST VIOLATIONS The Subrecipient hereby assigns to the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to Subrecipient toward fulfillment of this Agreement. XIX. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations under A.R.S. § 35-154. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and/or contracts entered into by the Subrecipient in the execution of this Agreement. XX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XXI. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXII. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. Any claim made by or against the State or any of its political subdivisions (including but not limited to AZDOHS) relating to this Agreement shall be resolved through the administrative claims process. In the event that the parties would otherwise be in court and/or if A.R.S. § 12-1518 applies, the parties shall proceed in arbitration through the American Arbitration Association (“AAA”), with the arbitrator to be selected pursuant to AAA rules and the arbitration to be conducted according to the applicable AAA rules, and with the costs of arbitration (including but not limited to the arbitrator’s fees and costs) to be divided 50/50 between the parties, subject to reallocation between the parties by the arbitrator. In the event that the parties become involved in litigation with each other relating to this Agreement for any reason in any other forum, both parties agree to have any claim(s) resolved in arbitration on the terms set forth in this part XXII. Any arbitration award may be enforced through the Maricopa County Superior Court or the U.S. District Court located in Phoenix, Arizona. XXIII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party’s failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. Marana Regular Council Meeting 12/19/2017 Page 305 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 15 XXIV. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Paragraph XII, AMENDMENTS. The Subrecipient agrees to comply with any such amendment within ten (10) business days of receipt of a fully executed amendment. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXV. LICENSING The Subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits, and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVI. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXVII. ADVERTISING AND PROMOTION OF AGREEMENT The Subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXVIII. OWNERSHIP OF INFORMATION, PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this Agreement. The Subrecipient agrees that any report, printed matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the Subrecipient describing programs or projects funded in whole or in part with Federal funds shall contain the following statement: "This document was prepared under a grant from the U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security." The Subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential subrecipients or interested parties. The AZDOHS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the Subrecipient. The AZDOHS and the Subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the Subrecipient agrees that no research-based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any Marana Regular Council Meeting 12/19/2017 Page 306 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 16 report or printed matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the Subrecipient. XXIX. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the Subrecipient shall include closed captioning of the verbal content of such announcement. XXX. INDEMNIFICATION Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona, (AZDOHS) is self-insured per A.R.S. 41-621. In addition, should Subrecipient utilize a contractor(s) and subcontractor(s), the indemnification clause between Subrecipient and contractor(s) and subcontractor(s) shall include the following: Contractor shall defend, indemnify, and hold harmless the (insert name of other governmental entity) and the State of Arizona, and any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as an additional insured and also include a waiver of subrogation in favor of the State. XXXI. TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the Subrecipient or AZDOHS to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses, and permits or to make satisfactory progress in performing the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the Subrecipient chooses to terminate the Agreement before the grant deliverables have been met then the AZDOHS reserves the right to collect all reimbursements distributed to the Subrecipient. Marana Regular Council Meeting 12/19/2017 Page 307 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 17 c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Agreement. The Subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the Subrecipient. XXXII. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The Subrecipient shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. XXXIII. PARAGRAPH HEADINGS The paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this Agreement or any of its provisions. XXXIV. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXV. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of the Subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. XXXVI. SPECIAL CONDITIONS a) The Subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. b) The Subrecipient acknowledges that the U.S. Department of Homeland Security and the AZDOHS reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The Subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding. c) The Subrecipient agrees to cooperate with any assessments, state/national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. d) The Subrecipient is prohibited from transferring funds between programs (e.g., State Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden). XXXVII. NOTICES Any and all notices, requests, demands, or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing, be delivered in person, or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington Street, Suite 210 Phoenix, AZ 85007 The Subrecipient shall address all programmatic and reimbursement notices relative to this Agreement to the appropriate AZDOHS staff; contact information at www.azdohs.gov. Marana Regular Council Meeting 12/19/2017 Page 308 of 483 16-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 8/26/2016 Page 18 The AZDOHS shall address all notices relative to this Agreement to: Enter Title, First & Last Name Above Enter Agency Name Above Enter Street Address Above Enter City, State, ZIP Above XXXVIII. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE FOR AND BEHALF OF THE Arizona Department of Homeland Security Enter Agency Name Above Authorized Signature Above Gilbert M. Orrantia Director Print Name & Title Above Enter Date Above Date (Complete and mail two original documents to the Arizona Department of Homeland Security.) Marana Regular Council Meeting 12/19/2017 Page 309 of 483      Council-Regular Meeting   C6         Meeting Date:12/19/2017   To:Mayor and Council Submitted For:Jocelyn C. Bronson, Town Clerk  From:Suzanne Sutherland, Assistant to the Town Clerk Date:December 19, 2017 Subject:Approval of December 5, 2017 Regular Council Meeting Minutes (Jocelyn C. Bronson) Attachments Draft December 5, 2017 Regular Council Meeting Minutes  Marana Regular Council Meeting 12/19/2017 Page 310 of 483 December 5, 2017 Regular Council Meeting Minutes 1 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 5, 2017, 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 REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Town Clerk Bronson called roll. Council Members Kai and McGorray were excused; there was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 5-0. CALL TO THE PUBLIC. The third place trophy for Marana’s entry into the Pinewood Derby was presented to Council Member Comerford by Doug Wright and Richie Benner, representing the 2017 Catalina Council of Boy Scouts of America. The Derby is a fundraising event to benefit scouting programs. Bruce Narramore introduced himself and stated that he would wait for another time to speak. David Morales spoke on behalf of the Golden Corral Veteran’s dinner event, and noted that Boy Scout Troop #248 and Brownies Troop #405 participated by helping the Golden Corral staff bus dishes and hand out refreshments to those waiting in line. David Lutz, a Pima County resident, stated his opposition to Resolution No. 2017—107 (on Consent), which approves a two-year extension of the preliminary plat approval for The Preserve at Twin Peaks. Linda Zupi, on behalf of the LDS Mormon Church, made a presentation to Council of a calendar of 25 days of 25 inspirations to serve those in need as part Marana Regular Council Meeting 12/19/2017 Page 311 of 483 December 5, 2017 Regular Council Meeting Minutes 2 of their Light The World program. More information on this program can be found on the Mormon.org website. PROCLAMATIONS 1 Proclamation recognizing Ryan Benavides (Jocelyn C. Bronson) 2 Proclamation recognizing Fred Romero (Jocelyn C. Bronson) Mayor Honea noted that Ryan Benavides, Public Works Director, and Fred Romero from the Water Department, left their employment with the town after 10 and 11 ½ years, respectively. The proclamations were read to them at their celebration events last week, as neither Ryan nor Fred were available to come to the Council meeting. The proclamations will be made part of the permanent record. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Comerford thanked and congratulated staff, citizens and volunteers for a wonderful Holiday Tree Lighting event on December 2, 2017. She also noted that the tree will be lit every hour on the hour from 5 to 9 pm through January 1, 2018. Mayor Honea concurred and also noted that two students from the Marana High School Singers – Cassandra Brandriff and Nick Victoratos - were invited to participate in the National Association for Music Education’s 2017 All-National Honor Ensembles in Orlando, Florida. Also, Vickie Hathaway, Communications Manager, was selected as one of the recipients of the 40 Under 40 award given by the Tucson Hispanic Chamber of Commerce and the Arizona Daily Star. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS. Jamsheed Mehta noted that Ryan Benavides left his position as Public Works director to own and operate his own company, and that Mohamed El Ali was selected at interim Public Works director. “Mo” as he is known, brings over 31 years of experience to the Public Works department, and was most recently employed in the Engineering department at CIP Division Manager. Tony Hunter, Assistant to the Town Manager, reviewed some new and exciting changes to the Council Executive Report, including a new interactive element on the town’s website. PRESENTATIONS P1 Relating to Community; presentation by the Pima Council on Aging regarding the community's standing, response, and readiness to understand older adult issues (Jocelyn C. Bronson). Mark Clark, President and CEO of the Pima Council on Aging noted that this year marks the 50th anniversary of PCOA being instituted by the Pima Association of Governments. He then reported on findings from their recent survey which is conducted approximately every four years. He noted that Pima County’s population is aging faster than it is growing. Survey results indicate that the top of concerns for seniors who responded listed fear of falling, the ability to live independently in their own homes, memory loss, information about Medicare, and affordable dental care. P2 Relating to Boards, Commissions and Committees; discussion, consideration and possible direction regarding recommendations from the Fall 2017 Marana Citizens' Forum on the Marana Regular Council Meeting 12/19/2017 Page 312 of 483 December 5, 2017 Regular Council Meeting Minutes 3 topic "Public Art Policy Development" (Jocelyn C. Bronson) Ms. Bronson introduced the delegates present in the audience, and Kathy Officer proceeded to inform the Council about their recommendations. Those recommendations are to develop and adopt an official public art policy. The core elements of the policy should include: artistic themes, appropriate art locations, responsible project financing and management, and types of art. The final recommendation was to convene an ad hoc committee or task force to work with town staff on drafting the policy. It was noted in the presentation that the delegates believe that policy development should be guided by economic development, tourism and community values. P3 Relating to Budget; presentation of first quarter results (July - September) for the Town's General Fund and other selected major funds for the 2017-18 fiscal year (Erik Montague). Mr. Montague presented, and made note that staff has been looking for some time at ways to update the presentation of the data and the format of the data which allows for interactivity and visualizations. Eventually there will be narrative that matches the visualizations once you click on an item. He gave kudos to Budget Analyst Michael Dykman for his efforts in designing the format. The presentation was be a high level summary of revenues and expenditures for the first quarter CONSENT AGENDA. Motion to approve the Consent Agenda by Vice Mayor Post, second by Council Member Bowen. Passed unanimously 5-0. C1 Resolution No. 2017-107: Relating to Development; approving a two-year extension of the preliminary plat approval for The Preserve at Twin Peaks, Lots 1-195 and Common Areas 'A' (Private Streets), 'B' (Natural Open Space, Drainage, Landscape, Pedestrian, Public Sewer and Utilities), and 'C' (Active Open Space); located east of Camino de Manana and approximately a quarter mile north of Lambert Lane (Brian D. Varney) C2 Resolution No. 2017-108: Relating to Police Department; approving and authorizing the Chief of Police and the Interim Town Manager to execute a DUI Abatement Grant Program Grant Agreement number DUIAC-E-100 between the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement and the Town of Marana for grant funding for DUI Warrant Detail (Lisa Shafer) C3 Approval of November 7, 2017 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 Ordinance No. 2017.024: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule to eliminate certain penalty fees for dog licenses; and declaring an emergency (Jane Fairall). Ms. Fairall noted that the current fee structure has three levels, depending on how late a person is to renew. Town staff is looking to reduce the complexity by having only one late fee of $10 when the license is not renewed within 30 days after being notified of the deadline. The design is to make the activity less administratively burdensome and Marana Regular Council Meeting 12/19/2017 Page 313 of 483 December 5, 2017 Regular Council Meeting Minutes 4 encourage more people to get their dog licensed rather than penalizi ng them more. As there are only five Council Members present, staff will strike the emergency clause, and the ordinance will go into effect in 30 days from the date the ordinance was signed. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 5-0. A2 Ordinance No. 2017.025: Relating to Animal Control; amending Town Code Title 6 (Animal Control), Chapter 6-3 (Vaccination and Licensing of Dogs); revising Section 6-3-7 (License fees; rebate; delinquency penalties) regarding the assessment of penalty fees; and declaring an emergency (Jane Fairall). Mr. Fairall noted that this ordinance will allow staff to change the town code to comply with the action just taken regarding the change to the fee schedule by stating that a fee will be assessed if the owner of the dog does not renew the license within the prescribed amount of 30 days from date of notification established by the town. The emergency clause will also need to be stricken due to a lack of a full Council, and this o rdinance will be into effect 30 days from the date the ordinance was signed. Council Member Bowen asked how we would know if a dog had been licensed. Ms. Fairall responded that we wouldn’t; however the town uses a service called Pet Data for licensing that sends out renewal notices. Nothing will happen until they come in and try to renew or get another license. At that time, a $10 late fee would be assessed in addition to the current fee. Motion to approve by Council Member Bowen, second by Council Member Comerford. Passed unanimously 5-0. A3 PUBLIC HEARING: Ordinance No. 2017.026; Relating to Development; amending the Marana Spectrum Specific Plan, Part II - Development Plan and Standards to allow residential uses to be located on all stories of multi-story, multi-family residential development within Parcels 2 and 3 of the Marana Center Final Block Plat; and establishing an effective date (Brian D. Varney) Resolution No. 2017-109: Relating to Development; declaring as a public record filed with the Town Clerk the amendment adopted by Ordinance 2017.026, amending the Marana Spectrum Specific Plan, Part II - Development Plan and Standards to allow residential us es to be located on all stories of multi-story, multi-family residential development within Parcels 2 and 3 of the Marana Center Final Block Plat (Brian D. Varney) Mayor Honea opened the public hearing. Mr. Varney presented and noted that Vintage Partners would like to amend the specific plan to allow residential uses on all stor y structures in Parcels 2 and 3 on the eastern part of the Marana Center final block plat. Parcels 1, 4 and 5 would be restricted to the same second and third story limitation. The Planning Commission heard this request on November 29th and recommended unanimous approval of 7-0. Sharon Foltz, Marana resident spoke in favor of having the first floor residential use. There being no further speakers, Mayor Honea closed the public hearing. Motion to approve by Council Member Comerford, second by Vice Mayor Post. Passed unanimously 5-0. A4 PUBLIC HEARING: Ordinance No. 2017.027; Relating to Development; amending Title 5, Section 05.11.03.C of the Marana Land Development Code to include micro-hospital as a permitted use within the Village Commercial (VC) zoning district; amending Title 17 (Land Development) Section 17-1-4 (Definitions) of the Marana Town Code to add a definition of micro-hospital; and establishing an effective date (Brian D. Varney) Marana Regular Council Meeting 12/19/2017 Page 314 of 483 December 5, 2017 Regular Council Meeting Minutes 5 Mayor Honea opened the public hearing. Mr. Varney presented and noted that the consensus of what constitutes a micro hospital is that it provides services above and beyond what you would get at an urgent care center and often what you would get at a full-service hospital except on a smaller scale. Building sizes would vary from 15,000 square feet on the low end to about 50,000 to 60,000 square feet on the high end. The Planning Commission considered this proposal November 29th and voted 7-0 to recommend approval. However, they stipulated that it not be permitted as a permitted use but as a conditional use. The conditional use permit is another layer of review and approval processes, and requires another public hearing before the Planning Commission but not the town Council. The Commission would evaluate each of the proposals on a per case basis, including the site, the neighborhood and the actual characteristics before they make a recommendation. The only time the Council would see a condit ional use request is if it is appealed. Staff has no objection to the conditional use, so it would be the Council’s pleasure for a permitted use or a conditional use. Staff would add a definition for micro-hospital. Mayor Honea noted that if any member of the Council wished to appeal, the item would go before Council. Council Member Comerford asked what was driving this new product or use. Mr. Varney stated that staff was approached by an applicant who was looking to locate within the town. The benefit is that emergency services are closer to the residential areas. They can provide everything that a full service hospital provides but on a smaller scale. There will be beds, so that there is provision for an overnight stay or until a patient is stabilized for transport to another facility. In response to a question of whether there is an example of a micro hospital in the region, Mr. Varney stated that he was unaware of one here but they are becoming very popular across the country, and we will undoubtedly see more of these here in the near future. There being no speakers from the audience, Mayor Honea closed the public hearing. Motion to approve as a conditional use permit by Vice Mayor Post, second by Council Member Ziegler. Passed unanimously 5-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Relating to Administration; discussion, consideration and possible action regarding the salary of Interim Town Manager Jamsheed Mehta (Jane Fairall) See E4 below for the action on this item. D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta) EXECUTIVE SESSIONS. Motion to go into executive session on Items E2, E3 and E4 at 8:15 p.m. by Vice Mayor Post, second by Council Member Bowen. Passed unanimously 5-0. Council returned to the dais at 8:48 p.m. and took action on Items E2, E3 and E4. 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. Marana Regular Council Meeting 12/19/2017 Page 315 of 483 December 5, 2017 Regular Council Meeting Minutes 6 E1 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. E2 Executive session pursuant to A.R.S. § 38-431.03(A)(4) to consider the Town’s position and instruct its attorneys regarding settlement discussions in Town of Oro Valley v. Lath rem, Pima County Superior Court Cause No. C20161229 (a Tangerine Corridor condemnation case) On item E 2, Frank Cassidy asked for a motion to direct staff to proceed as discussed in executive session to settle the condemnation case in the matter of Town of Oro Valley v. Lathrem in the amount of $190K in addition to the $25K previously paid for the sewer connection. Motion by proceed by Vice Mayor Post, second by Council Member Bowen. Passed unanimously 5-0. E3 Executive session pursuant to A.R.S. § 38-431.03(A)(4) to consider the Town’s position and instruct its attorneys regarding settlement discussions in Town of Oro Valley v. Sianis, Pima County Superior Court Cause No. C20164246 (a Tangerine Corridor condemnation case) On item E3, Frank Cassidy asked for a motion to direct staff to proceed as discussed in executive session to settle the condemnation case in the matter of Town of Oro Valley v. Sianis in the amount of $161K in addition to statutory interest. Motion to proceed by Vice Mayor Post, second by Council Member Bowen. Passed unanimously 5-0. E4 Executive Session pursuant to A.R.S. §38-431.03 (A)(1) to discuss the salary of Interim Town Manager Jamsheed Mehta (this item relates to and should occur, if at all, before Discussion/Possible Action Item D1 on tonight’s 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. Motion to adjourn at 8:51 p.m. by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 5-0. CERTIFICATION I hereby certify that the foregoing are the true and correct mi nutes of the Marana Town Council meeting held on December 5, 2017. I further certify that a quorum was present. _______________________________________ Jocelyn C. Bronson, Town Clerk Marana Regular Council Meeting 12/19/2017 Page 316 of 483      Council-Regular Meeting   L1         Meeting Date:12/19/2017   To:Mayor and Council Submitted For:Jocelyn C. Bronson, Town Clerk  From:Suzanne Sutherland, Assistant to the Town Clerk Date:December 19, 2017 Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an Acquisition of Control Series #7 Beer and Wine Bar liquor license application submitted by Stephen A. Miklosi on behalf of Breakers 95, located at 8555 W. Tangerine Road, Marana, Arizona 85653 (Jocelyn C. Bronson) Discussion: This application is for a series #7 Beer and Wine Bar liquor license at Breakers 95 located at 8555 W. Tangerine Road, Marana, Arizona 85653.  Town staff has reviewed this application to determine whether the applicant is in compliance with legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check.    The Town Council must enter an order recommending approval or disapproval of the application within 60 days after mailing of the notice of acquisition of control to the Town.  Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and “in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license.”   If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation.   If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the Marana Regular Council Meeting 12/19/2017 Page 317 of 483 director of the DLLC or the liquor board requests a hearing.  If the Council enters an order recommending disapproval of the application, or if the director or liquor board requests a hearing, then the state board will hold a hearing regarding the application.   At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license.  The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1:      I move to adopt and submit to the DLLC an order recommending approval of an Acquisition of Control Series #7 Beer and Wine Bar liquor license application submitted by Stephen A. Miklosi on behalf of Breakers 95, located at 8555 W. Tangerine Road, Marana, Arizona 85653.   OPTION 2:      I move to adopt and submit to the DLLC an order recommending disapproval of an Acquisition of Control Series #7 Beer and Wine Bar liquor license application submitted by Stephen A. Miklosi on behalf of Breakers 95, located at 8555 W. Tangerine Road, Marana, Arizona 85653. Attachments Application  Local Governing Body of Recommendation  Descriptions of Common Types of Liquor Licenses  Marana Regular Council Meeting 12/19/2017 Page 318 of 483 Marana Regular Council Meeting 12/19/2017 Page 319 of 483 Marana Regular Council Meeting 12/19/2017 Page 320 of 483 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 Local Governing Body Recommendation A.R.S. § 4-201(C) 1. City or Town of: __________________________________________ Liquor License Application #:_______________________________ (Circle one) (Arizona application #) 2. County of: _______________________________________________ City/Town/County #: ______________________________________ 3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2), ______________________________________________________ ______________________________________________________ (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The ___________________________________ at a ________________________________ meeting held on the __________________ of (Governing body) (Regular or special) (Day) _____________________, ____________ considered the application of _______________________________________________________ (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application ______________________________________________, (Arizona liquor license application #) for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________ (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for _____________________________________________________. (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) ____________________________________________ ___________________________________________ (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 9/29/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Marana Regular Council Meeting 12/19/2017 Page 321 of 483 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off- sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. Marana Regular Council Meeting 12/19/2017 Page 322 of 483 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Regular Council Meeting 12/19/2017 Page 323 of 483    Council-Regular Meeting A1 Meeting Date:12/19/2017   To:Mayor and Council From:Keith Brann, Town Engineer Date:December 19, 2017 Strategic Plan Focus Area: Not Applicable  Subject:Ordinance No. 2017.029 : Relating to Development; adopting development impact fees for street facilities, parks and recreation facilities, water facilities, and wastewater facilities; accepting and approving the technical reports identifying benefit areas and facilities needs; modifying the definitions of “General office land use category” and “Medical facilities land use category” in Marana Town Code Section 17-17-3; and providing an effective date (Keith Brann) Discussion: The Town has been moving through the process to update its impact fees, last updated in 2014, to address additional infrastructure needs within the Town and to account for changes in growth patterns.  On September 19, 2017, the Town council adopted updated growth assumptions, a street facilities infrastructure improvement plan (IIP),  a parks and recreation IIP, a water IIP, and a wastewater IIP. The Town gave public notice on September 22, 2017 of the intent to assess development impact fees for streets, parks, water and wastewater facilities.  Draft fee reports for these impact fees were published at this time and have been available at the Marana municipal complex and on the Town's website.  Comments were taken during the intervening period and a formal public hearing on November 7, 2017.  Based on comments and discussion, final reports have been prepared and are attached to this item. Tonight Town staff will be discussing the final analysis regarding the proposed development impact fee program and asking council to formally adopt development fees for streets, parks, water and wastewater facilities. In 2014, the Council opted to not assess a new streets impact fee in the southern benefit area and allowed the northwest benefit area fee to lapse.  At this time, development in the south and northwest districts and the infrastructure needed to address such growth warrants new Marana Regular Council Meeting 12/19/2017 Page 324 of 483 street impact fees in these districts.  The result will be to re-implement the northwest streets fee on residential and commercial construction - currently where there is no fee.  It should be noted that the newly proposed northwest streets fee is approximately half of the fee that was allowed to lapse in 2014.  By implementing a new south streets fee, commercial ventures will now be required to pay an impact fee.  As part of this impact fee process, medical uses as they relate to the streets fees are being refined.  Essentially, urgent cares and clinics are being switched from medical facility category to office use.  It is staff's opinion that the trip generation of these facilities are more akin to doctors's offices than hospitals.  A companion ordinance will change the impact fee category definitions accordingly. The Parks fee remains unchanged in amount, though the project list in 2017 approved IIP differs from the 2014 approved IIP. The various water infrastructure fees are changing nominally based on differing infrastructure needs and growth projections.  The water resource fee is rising significantly (approximately 70%) due to a combination of increased cost of water acquisitions and that the fee partially supports wastewater plant expansion due to treated effluent being part of the Town's water portfolio. The wastewater fee will be slightly reduced with this update. Also of note is that the Lower Santa Cruz River Levee fee of $500 per acre was re-affirmed in 2014 and is unaffected by this process. Financial Impact: The development impact fee program will generate revenue for the Town that is restricted to capital construction in accordance with the various impact fee benefit areas and proposed projects used to calculate the fee. By adopting the fees, the Town takes on the legal obligation to construct the capital facilities used to justify the fees within 10 years or must reimburse the fees.  Revenues and expenditures associated with the collection and use of impact fees will be incorporated within the appropriate fiscal year's budget. Staff Recommendation: Staff recommends the adoption of Ordinance 2017.029, adopting the impact fee program and revision to impact fee category definitions. Suggested Motion: I move to adopt Ordinance No. 2017.029, adopting the impact fee program by assessing the northeast streets, northwest streets, south streets, parks, water, and wastewater facilities development impact fees in the maximum amount allowed under the technical reports, and revising impact fee category definitions. Attachments Ordinance No. 2017.029  Impact Fee Program Presentation  Marana Regular Council Meeting 12/19/2017 Page 325 of 483 Marana Parks IIP Draft  Streets Fee Study  Marana IF Report Draft  Marana Regular Council Meeting 12/19/2017 Page 326 of 483 00055298.DOCX /3 Marana Ordinance No. 2017.029 - 1 - 12/15/2017 11:18 AM MARANA ORDINANCE NO. 2017.029 RELATING TO DEVELOPMENT; ADOPTING DEVELOPMENT IMPACT FEES FOR STREET FACILITIES, PARKS AND RECREATION FACILITIES, WATER FACILITIES, AND WASTEWATER FACILITIES; ACCEPTING AND APPROVING THE TECHNICAL REPORTS IDENTIFYING BENEFIT AREAS AND FACILITIES NEEDS; MODIFYING THE DEFINITIONS OF “GENERAL OFFICE LAND USE CATEGORY” AND “MEDICAL FACILITIES LAND USE CATEGORY” IN MARANA TOWN CODE SECTION 17-17-3; AND PROVIDING AN EFFECTIVE DATE WHEREAS the Town is authorized by the Arizona municipal development impact fee enabling statute, A.R.S. § 9-463.05, to assess and collect development impact fees to offset costs to the Town associated with providing necessary public services to a development; and WHEREAS the Town adopted the existing street and parks and recreation development impact fees by the adoption of Marana Ordinance No. 2014.012 and adopted the existing water and wastewater fees by the adoption of Marana Ordinance No. 2014.013; and WHEREAS land use assumptions and infrastructure improvement plans for street, parks and recreation, water, and wastewater facilities prepared in accordance with A.R.S. § 9-463.05 were approved by the Town Council’s adoption of Resolution 2017-090 on September 19, 2017; and WHEREAS draft 2017 development impact fee reports for street facilities and parks and recreation facilities prepared in accordance with A.R.S. § 9-463.05 were published for public comment on September 22, 2017; and WHEREAS a public hearing on amended street, parks and recreation, water, and wastewater facilities development impact fees was held by the Marana Town Council on November 7, 2017; and WHEREAS the Town has finalized its 2017 development impact fee reports for street, parks and recreation, water, and wastewater facilities that identify the relevant benefit areas and determine the fair-share development impact fees attributable to the typical single-family residence, which shall be used as the equivalent demand unit (“EDU”), within the benefit areas. Marana Regular Council Meeting 12/19/2017 Page 327 of 483 00055298.DOCX /3 Marana Ordinance No. 2017.029 - 2 - 12/15/2017 11:18 AM NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Marana Town Code Title 17 (Land Development), Chapter 17-17 (Development impact fees), Section 17-17-3 (Definitions) is amended by modifying the definitions of “General office land use category” and “Medical facilities land use category” in paragraphs 25 and 37 respectively as follows (with additions shown with double underlining and deletions shown with strikeouts): 25. General office land use category: Office uses, office parks, corporate headquarters, governmental offices, business parks, research and development parks, and similar uses as determined by the town engineer. Doctor, dentist, and veterinary offices, clinics, and urgent care facilities fall under this category instead of medical facilities. See ITE land use categories 700-799. 37. Medical facilities land use category: Hospitals, micro hospitals, standalone emergency rooms, urgent care facilities, clinics, veterinary hospitals and clinics, and similar uses as determined by the town engineer. See ITE land use categories 600-699. Section 2. The existing Parks and Recreation Facilities Development Impact Fee as adopted by Ordinance No. 2014.012 is hereby retained and confirmed in the amount of $2,461 per EDU. Section 3. The Northeast Street Facilities Development Impact Fee as adopted by Ordinance No. 2014.012 is hereby reduced to $4,291 per EDU, as follows: A. The Northeast Street Facilities Impact Fee benefit area as adopted by Ordinance No. 2014.012 is hereby revised as depicted in the street facilities development impact fee report. B. The collection of the Northeast Street Facilities Development Impact Fee in the amount adopted by this ordinance shall begin on March 5, 2018, replacing the Northeast Street Facilities Development Impact Fee adopted by Marana Ordinance No. 2014.012. Section 4. The Northwest Street Facilities Development Impact Fee is hereby adopted in the amount of $3,719 per EDU, as follows: A. The Northwest Street Facilities Impact Fee benefit area, as depicted in the street facilities development impact fee report, is hereby established. B. Town Staff shall collect the Northwest Street Facilities Development Impact Fee upon issuance of a building permit within the Northwest Street Facilities Development Impact Fee benefit area, unless a development agreement provides otherwise. Marana Regular Council Meeting 12/19/2017 Page 328 of 483 00055298.DOCX /3 Marana Ordinance No. 2017.029 - 3 - 12/15/2017 11:18 AM C. When calculating the amount of Northwest Street Facilities Development Impact Fee to be collected for a given development other than a single family residence, Town Staff shall use the methods and equivalencies set forth in the street facilities development impact fee report. D. When assessing the Northwest Street Facilities Development Impact Fee, Town Staff shall give credit for the required dedication of public right of way and improvements provided by the property owner that correspond to the infrastructure improvements plan for northwest street facilities, as provided by law. E. All Northwest Street Facilities Development Impact Fees co llected by the Town shall be held and disbursed in accordance with the requirements of A.R.S. § 9-463.05. F. The collection of the Northwest Street Facilities Development Impact Fee shall begin on March 5, 2018. Section 5. The South Street Facilities Development Impact Fee as adopted by Ordinance No. 2014.012 is hereby increased to $4,327 per EDU, as follows: A. The South Street Facilities Impact Fee benefit area as adopted by Ordinance No. 2014.012 is hereby revised as depicted in the street facilities development impact fee report. B. The collection of the increased South Street Facilities Development Impact Fee as adopted by this ordinance shall begin on March 5, 2018, replacing the South Street Facilities Development Impact Fee adopted by Marana Ordinance No. 2014.012. Section 6. In accordance with A.R.S. § 9-463.05(R), the Town of Marana hereby gives notice that it will continue the collection of the Lower Santa Cruz River Levee Fee, originally adopted under ordinance 99.02, as described in Section 4 of Marana Ordinance No. 2014.012. Section 7. Water Infrastructure Development Impact Fees as adopted by Ordinance No. 2014.013 are hereby amended as follows: A. The North Marana, Twin Peaks, Saguaro Bloom, Palo Verde, Airport, and Falstaff Water Infrastructure Development Impact Fee Benefit Areas as adopted by Ordinance No. 2014.013 are hereby revised as depicted in in Figure 3 of the Water Impact Fee Infrastructure Improvements Plan adopted by Resolution 2017-090 on September 19, 2017, as they may be expanded from time to time by water main extensions. Marana Regular Council Meeting 12/19/2017 Page 329 of 483 00055298.DOCX /3 Marana Ordinance No. 2017.029 - 4 - 12/15/2017 11:18 AM B. Water Infrastructure Development Impact Fees for the North Marana, Twin Peaks, and Saguaro Bloom Water Infrastructure Development Impact Fee Benefit Areas are amended as follows (with meter sizes larger than 8” calculated using standard industry ratios): C. The Palo Verde Water Infrastructure Development Impact Fee, the Airport Water Infrastructure Development Impact Fee, and the Falstaff Water Infrastructure Development Impact Fee are reduced to zero. D. The collection of Water Infrastructure Development Impact Fees as revised by this ordinance shall begin on March 5, 2018. Section 8. Water Resources Development Impact Fees as adopted by Ordinance No. 2014.013 are hereby amended as follows: A. The Water Resources Development Impact Fees are amended as follows (with meter sizes larger than 8” calculated using standard industry ratios): B. The collection of the Water Resources Development Impact Fee as amended by this ordinance shall begin on March 5, 2018. Section 9. Wastewater Facilities Development Impact Fees as adopted by Ordinance No. 2014.013 are hereby amended as follows: A. The Wastewater Facilities Development Impact Fee Benefit Area as adopted by Ordinance No. 2014.013 is hereby revised as set forth in the 2017 sewer impact fee infrastructure improvements plan adopted by Resolution 2017-090 on September 19, 2017. B. The Wastewater Facilities Development Impact Fees as adopted by Ordinance No. 2014.013 are hereby amended as follows (with meter sizes larger than 8” calculated using standard industry ratios): Water Meter Size 5/8" 3/4" 1" 1.5" 2" 3" 4" 6" 8" Water Infrastructure Benefit Area North Marana 2,331 $ 3,497 $ 5,828 $ 11,656 $ 18,650 $ 37,296 $ 58,275 $ 116,550 $ 186,480 $ Twin Peaks 2,740 $ 4,110 $ 6,850 $ 13,700 $ 21,920 $ 43,840 $ 68,500 $ 137,000 $ 219,200 $ Saguaro Bloom 838 $ 1,257 $ 2,095 $ 4,189 $ 6,703 $ 13,408 $ 20,950 $ 41,900 $ 67,040 $ Water Meter Size 5/8" 3/4" 1" 1.5" 2" 3" 4" 6" 8" Water Resources Development Fee 3,050 $ 4,575 $ 7,626 $ 15,251 $ 24,402 $ 48,800 $ 76,250 $ 152,500 $ 244,000 $ Water Meter Size 5/8" 3/4" 1" 1.5" 2" 3" 4" 6" 8" Wastewater Facilities Development Impact Fee 3,930 $ 5,895 $ 9,824 $ 19,648 $ 31,437 $ 62,880 $ 98,250 $ 196,500 $ 314,400 $ Marana Regular Council Meeting 12/19/2017 Page 330 of 483 00055298.DOCX /3 Marana Ordinance No. 2017.029 - 5 - 12/15/2017 11:18 AM C. The collection of Wastewater Facilities Development Impact Fees as amended by this ordinance shall begin on March 5, 2018. Section 10. All other fees established or addressed by Ordinance No. 2014.012 and 2014.013 shall remain unchanged, and all provisions of Ordinance No. 2014.012 and 2014.013, including without limitation all those relating to the administration, crediting, and accounting of the fees, shall remain in place and are unchanged by this ordinance. Section 11. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Section 12. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordina nce are hereby repealed, effective as of the effective date of this ordinance. Section 13. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. Section 14. This ordinance shall become effective on the thirty-first day after its adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of December, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 12/19/2017 Page 331 of 483 Impact Fee Program Keith Brann, Town Engineer John Kmiec, Marana Water Director December 19, 2017 Marana Regular Council Meeting 12/19/2017 Page 332 of 483 The Impact Fee Process to date •Land Use Assumptions, Infrastructure Improvement Plans –Public posting, public hearing, adoption on September 19 •Stakeholder meetings –July 14, October 24 •Impact Fee study –Posted September 22 –Public Hearing November 7 Marana Regular Council Meeting 12/19/2017 Page 333 of 483 Changes Since Posting Refinement of Definitions regarding Medical Uses General Office EDU factor 1.1 •Doctor/Dentist office •Veterinary services •Urgent Cares •Clinics Medical Facility EDU factor 1.5 •Hospital •Urgent Cares •Clinics •Micro-Hospital •Standalone ER Marana Regular Council Meeting 12/19/2017 Page 334 of 483 Proposed Base Impact Fees Pre SB1525 2014 study / Current 2017 study Northwest Streets $7,372 $3294 / NA $3,719 Northeast Streets $7,624 $5,599 $4,291 South Streets $3,465 $3926 / $3465 $4,327 Parks $3,294 $2,461 $2,461 Water Infrastructrue - Twin Peaks $864 $2,457 $2,740 Water Infrastructrue - Saguaro Bloom $864 $1,189 $838 Water Infrastructure - North Marana $864 $2,122 $2,331 Water Resource $1,467 $1,771 $3,050 Sewer $4,544 $4,241 $3,930 Marana Regular Council Meeting 12/19/2017 Page 335 of 483 Final Implementation if Approved •75 day period before impact fees can be effective –Monday, March 5, 2018 •2 year moratorium on new or increased portion of existing fee –From date of first building permit in subdivision –From date of development plan for commercial Marana Regular Council Meeting 12/19/2017 Page 336 of 483 Town of Marana, Arizona Impact Fee Study Update Parks Infrastructure Improvement Plan DRAFT September 21, 2017 Prepared by Marana Regular Council Meeting 12/19/2017 Page 337 of 483 Town of Marana Mayor & Council Mayor Ed Honea Vice Mayor Jon Post Dave Bowen Patti Comerford Herb Kai Carol McGorray Roxanne Ziegler Key Staff Gilbert Davidson, Town Manager Keith Brann, P.E., CFM, Town Engineer and Project Director Frank Cassidy Esq., Town Attorney Cynthia Nemeth, Director, Parks and Recreation Department D. Tyrell McGirt, Deputy Director, Parks and Recreation Department Project Consultant Norris Design 418 N. Toole Ave Tucson, Arizona 85701 Marana Regular Council Meeting 12/19/2017 Page 338 of 483 TABLE OF CONTENTS INTRODUCTION ..........................................................................................................................................................1 ELEMENTS OF THE IMPACT FEE STUDY UPDATE ..............................................................................................1 Service Area ..................................................................................................................................................................1 Parks and Recreation Facilities IIP ...............................................................................................................................1 METHODOLOGY .........................................................................................................................................................2 The Town of Marana Service Area...............................................................................................................................3 Proportionate Share ......................................................................................................................................................3 Service Units as Equivalent Demand Units ..................................................................................................................3 NECESSARY PUBLIC SER VICES - EXISTING .......................................................................................................5 NECESSARY PUBLIC SERVICES - NEW DEVELOPMENT ...................................................................................8 UPDATED PARKS IMPACT FEE PER SERVICE UNIT ...........................................................................................9 PROJECTED SERVICE UNITS FOR NEW DEVELOPMENT ..................................................................................9 PROJECTED IMPACT FEE REVENUE, 2017 - 2027 ............................................................................................ 10 LIST OF EXHIBITS Exhibit 1: Parks and Recreation Facilities Service Area .............................................................................................. 4 Exhibit 2: Service Unit as Equivalent Demand Unit ..................................................................................................... 5 Exhibit 3: Existing Park Inventory and Replacement Value ......................................................................................... 6 Exhibit 4: Existing Equivalent Demand Units ............................................................................................................... 7 Exhibit 5: Existing Park Value by Equivalent Demand Unit ......................................................................................... 7 Exhibit 6: Parks Capital Improvement Plan 2017-2027 ............................................................................................... 8 Exhibit 7: Updated Parks Impact Fee per EDU (Before Credits) ................................................................................. 9 Exhibit 8: Park Service Units (2017 and 2027) .......................................................................................................... 10 Exhibit 9: Potential Park Impact Fee Revenue, 2017-2027 (Before Credits) ............................................................ 10 APPENDIX Appendix A: List of Preparers Appendix B: Table of Paths and Trails Areas Marana Regular Council Meeting 12/19/2017 Page 339 of 483 Marana Parks Infrastructure Improvement Plan - DRAFT | Page 1 Introduction The Town of Marana is responsible for collecting development impact fees to supplement the cost of expanding parks and recreation facilities to meet increased demand associated with new development. The collection of impact fees is legislated by Arizona Revised Statute (ARS) §9-463.05. The calculation of impact fees for parks and recreation facilities and the expansion of parks and recreation infrastructure associated with growth are described in the Infrastructure Improvement Plan (IIP) for Parks and Recreation Facilities. The 2014 IIP for the Town’s parks and recreation system is now being updated for 2017. In order to continue collecting impact fees, the Town has prepared an updated IIP for 2017 that includes fee schedules and a list of capital improvements that are projected to be constructed over the next ten years. Arizona’s statute that legislates impact fee assessment procedures and programs requires jurisdictions to develop an IIP that is based on land use assumptions that describe existing and new development. As defined in ARS §9-463.05(T)6: “ ‘Infrastructure Improvements Plan’ means a written plan that identifies each necessary public service or facility expansion that is proposed to be the subject of a development fee and otherwise complies with the requirements of this section, and may be the municipality's capital improvements plan.” This Impact Fee Study Update is a report that identifies infrastructure needs for parks and recreation facilities, and the calculation of impact fees. The Town of Marana’s Land Use Assumptions are the basis for projecting infrastructure expansion as a result of new development. Elements of the Impact Fee Study Update Service Area Service areas are defined in ARS §9-463.05 (T)9: “any specified area within the boundaries of a municipality in which development will be served by necessary public services or facility expansions and within which a substantial nexus exists between the necessary public services of facility expansions and the development being served as prescribed in the infrastructure improvements plan.” Parks and Recreation Facilities IIP A.R.S. §9-463.05(7)G defines the facilities and assets that can be included in the Parks and Recreation IIP: “Neighborhood parks and recreational facilities on real property up to thirty acres in area, or parks and recreational facilities larger than thirty acres if the facilities provide a direct benefit to the development. Park and recreational facilities do not include vehicles, equipment or that portion of any facility that is used for amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra Marana Regular Council Meeting 12/19/2017 Page 340 of 483 Marana Parks Infrastructure Improvement Plan - DRAFT | Page 2 facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, zoo facilities or similar recreational facilities, but may include swimming pools.” The 2017 Parks and Recreation Facilities IIP identifies assets for community parks, regional parks, recreation facilities, and trails, as well as, the preparation of a future Parks and Recreation Facilities IIP and Parks and Recreation Master Plan Update. The 2017 Marana Parks, Recreation, Trails and Open Space Master Plan Update guides the Town’s efforts to continue to meet the community’s need for quality parks and recreation facilities. It is a Master Plan Update that affirms the community’s priorities for parks and recreation infrastructure and the level of service that’s provided for residents. The Master Plan Update reflects the community’s priorities for capital improvements that are included in the IIP. Methodology This Impact Fee Study Update employs an incremental expansion method that identifies the Town’s existing level of service and projects the level of service assumptions over the next ten years as the community grows. The existing level of service for parks and recreation facilities is assigned a value based on the cost of replacement. The value of the parks and recreation system is adjusted to subtract outstanding debt on existing facilities, the balance collected, unspent impact fees, developer fee credits and the cost of the Impact Fee Study. The adjusted value of the existing parks and recreation facilities is then distributed across the existing level of community development to calculate a value of the existing parks system per dwelling. The adjusted value of the existing parks and recreation facilities relative to current development is then projected onto new development using estimates for future development found in the Town’s land use assumptions. Using this methodology, the Town’s existing level of parks and recreation service is maintained as the community grows and expansion of parks and recreation facilities necessary to meet the demand of growth has a supplemental funding source in development impact fees. The advantages of using an incremental expansion method over other methods, e.g. a general standards- based or plan-based methods, include the following metrics. • The fee is based on the existing level of service provided by the Town instead of a national standard that fails to account for jurisdictional variations. • The incremental expansion method more accurately identifies the value of existing level of service compared to estimating a general cost per acre of developed parkland. Existing level of service is valued by assigning replacement costs to inventoried park assets. • The incremental expansion method is flexible because the impact fee is based on existing level of service. Consequently, the Town may fine tune capital improvements identified in the IIP to meet changing community recreation needs. A standards-based approach based on the Parks Recreation Trails and Open Space Master Plan would require an update to the Master Plan and a re-calculation of the impact fees to meet changing community needs. Marana Regular Council Meeting 12/19/2017 Page 341 of 483 Marana Parks Infrastructure Improvement Plan - DRAFT | Page 3 The Town of Marana Service Area For this Impact Fee Study Update, there is one service area identified for the Town of Marana. As shown in Exhibit 1, the town limits serve as the boundary for the service area with the exception of a portion of Dove Mountain. The entire Town of Marana is included in the service area except for a section of Dove Mountain in the northwest part of town. The exclusion reflects an area within Dove Mountain that is exempt from impact fees. For the remainder of the Town, the most densely developed areas are where existing parks and recreation facilities are located. These densely developed areas are adequately served by the parks and recreation facilities. It is in areas of new development that park and recreation facility expansion is needed to meet the demand of growth. Consequently, new facilities that expand the parks and recreation system will directly benefit residents in areas of new growth in keeping with the legislative requirements for collecting development impact fees. There is, however, a need for additional trails to serve the developed areas of Marana. Since the Town is committed to providing a uniform level of service across the entire city, a single service area will be used. Proportionate Share New residential development creates incremental demand for expanded parks and recreation facilities while demand created by non-residential development is relatively low. The proportionate share of the cost of parks and recreation service for non-residential development is low enough that it does not justify collecting development impact fees. Future impact fee studies shall reconsider the non-residential share of the cost of parks and recreation infrastructure as the character of development in the Town changes over time or as future research on the impact of non-residential development is developed. Service Units as Equivalent Demand Units ARS §9-463.05 requires that service units be defined in an impact fee study and used as the basis for impact fee collection. The 2017 Impact Fee Study uses an Equivalent Demand Unit (EDU) as the service unit for the park impact fee. To calculate an EDU, housing unit types are weighted in relation to single- family detached housing. The weight of each housing type reflects a park service multiplier derived from the average household size for each housing type based on United States Census Bureau statistics. The average household size for a single-family detached housing unit is 2.7 while the average household size of a multi-family/single-family attached housing unit is 1.8. The park service multiplier for a single-family detached residence is therefore 1.0 while the park service multiplier for a multi-family/single-family attached dwelling unit is 0.67. The sum of these weighted dwelling units by housing type results in total EDUs for the Town. Unlike impact fee studies for parks improvements, impact fee studies for transportation infrastructure expansion often use land use categories that are identified through analysis of vehicle usage and trip data that is available locally and is part of published transportation planning literature. Because there is no data on visits to existing parks, the Impact Fee Study for Parks and Recreation Facilities makes use of the differentiation between single-family and multi-family residential units and their average household sizes to fine tune the definition of service units for parks impact fees. Marana Regular Council Meeting 12/19/2017 Page 342 of 483 Marana Parks Infrastructure Improvement Plan - DRAFT | Page 4 Exhibit 1: Parks and Recreation Facilities Service Area Marana Regular Council Meeting 12/19/2017 Page 343 of 483 Marana Parks Infrastructure Improvement Plan - DRAFT | Page 5 Exhibit 2: Service Unit as Equivalent Demand Unit Housing Type Average HH Size EDU Single Family Detached 2.7 1.00 Multi - Family/ Single Family Attached 1.8 0.67 Reference: US Census Bureau Necessary Public Services - Existing As required in ARS §9-463.05(E)1 a “necessary public service” must meet the following criteria: “A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable.” In addition, ARS §9-463.05(E)2 requires: “An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services, which shall be prepared by qualified professionals licensed in this state, as applicable.” In response to the required analysis of existing, necessary public park services, an inventory of parks and recreation assets throughout the Town of Marana has been compiled (Exhibit 3). The inventory is based on data provided by the Town of Marana and lists existing park amenities by facility with an identified replacement cost. The inventory excludes park acreage beyond the 30-acre limit referenced in ARS §9- 463.05(T)7(G). Replacement costs are based on current construction costs in the parks and recreation industry. Trail mileage and associated acreage are listed in Appendix B. The existing level of service provided by the Town’s current parks and recreation facilities is quantified by distributing the value of the existing parks and recreation facilities over the total number of existing EDUs in the Town. Exhibit 3 describes the total value of existing parks and recreation infrastructure. The existing number of EDUs is described in Exhibit 4. The existing level of service provided by the Town of Marana’s park infrastructure is quantified by dividing the total value of the existing infrastructure (Exhibit 3) by the existing number of EDUs (Exhibit 4). Marana Regular Council Meeting 12/19/2017 Page 344 of 483 Marana Parks Infrastructure Improvement Plan - DRAFT | Page 6 Exhibit 3: Existing Park Inventory and Replacement Value * Source: Asset Inventory Town of Marana **Source: Replacement values from construction cost estimates within the last year; Marana Parks and Recreation Staff, and consultant recommendations. Asset Continental Ranch Community ParkContinental Reserve Neighborhood ParkCrossroads at Silverbell District ParkEl Rio Neighborhood ParkGladden Farms Community ParkHonea Heights ParksOra Mae Harn District ParkSan Lucas Community ParkTangerine Sky Community ParkWade McLean Neighborhood ParkCoachline/De Anza TrailheadWild Burro TrailheadSanders Road TrailheadWhite Avenue TrailheadTOTAL Facility Units* Replacement Value/Unit** Total Replacement Value Total Acres 12.0 9.2 49.9 1.3 12.5 0.8 33.0 13.5 18.0 4.9 0.8 2.0 0.8 1.0 159.57 30,000$ -$ Eligible Acres 12.0 9.2 30.0 1.3 12.5 0.8 30.0 13.5 18.0 4.9 0.8 2.0 0.8 1.0 136.72 30,000$ 4,101,600$ Community Center (s.f.)8300 8300.00 -$ Eligible Community Center (s.f.)3000 3000.00 350$ 1,050,000$ Restroom 1 1 3 1 3 1 1 1 1 13.00 140,000$ 1,820,000$ Concession 1 1 1 1 1 5.00 200,000$ 1,000,000$ Play Area ( Shaded)2 2 2 1 1 2 1 11.00 165,000$ 1,815,000$ Basketball 2 1 2 0.5 1 1 1 1 9.50 50,000$ 475,000$ Tennis 2 1 1 2 6.00 50,000$ 300,000$ Sand Volleyball 2 1 3.00 13,000$ 39,000$ Swimming Pool 1 1.00 4,000,000$ 4,000,000$ Small Ramada 10'x10'4 1 1 6 2 4 1 1 1 1 1 23.00 12,000$ 276,000$ Large Ramada 30'x30'1 5 1 1 2 10.00 70,000$ 700,000$ Group Ramada 30'x60'1 1 1 3.00 110,000$ 330,000$ Skate Park 1 1.00 1,000,000$ 1,000,000$ Off-Leash Dog Park 1 1 1 1 4.00 200,000$ 800,000$ Horseshoe Pit 2 2 1 5.00 2,500$ 12,500$ Youth Ball Field (Lighted)2 4 6.00 180,000$ 1,080,000$ Youth Ball Field (No Lights)4 2 2 2 1 11.00 85,000$ 935,000$ Adult Ballfield (Lighted)1 1 2.00 280,000$ 560,000$ Multi-Use 2 1 1 1 1 10 1 17.00 36,000$ 612,000$ Soccer (No Lights)1 1.00 46,000$ 46,000$ Soccer (Lighted)2 1 3.00 240,000$ 720,000$ Parking Spaces 108 52 323 9 62 9 196 50 61 58 79 8 10 1025.00 2,000$ 2,050,000$ Maintenance Building 1 1 2.00 400,000$ 800,000$ Storage Building 1 1 2.00 150,000$ 300,000$ Drinking Fountains 7 4 8 1 3 3 8 3 1 1 1 40.00 3,000$ 120,000$ Benches 10 6 7 1 6 7 22 12 8 4 1 2 86.00 625$ 53,750$ Bleachers 8 2 6 2 5 2 25.00 2,500$ 62,500$ Trash Receptacles 14 8 43 3 8 4 52 10 10 2 1 160.00 250$ 40,000$ Picnic Tables 8 10 32 1 14 2 39 6 13 1 2 128.00 1,200$ 153,600$ Bike Racks 1 1 1 1 3 1 1 1 1 11.00 700$ 7,700$ Barbeque Grills 2 4 8 3 1 9 5 6 1 39.00 500$ 19,500$ Exercise Stations 10 6 16.00 1,200$ 19,200$ Signage 136.72 2,616$ 357,660$ Fencing 136.72 6,265$ 856,551$ Lighting 136.72 11,765$ 1,608,487$ Landscape 136.72 19,445$ 2,658,520$ Irrigation 136.72 5,325$ 728,034$ Park Hardscape 136.72 18,817$ 2,572,660$ Paths (Miles)7.28 120,000$ 873,600$ Trails (Miles)37.4 80,000$ 2,992,000$ Electrical Service 1 1 1 1 1 1 1 1 1 9.00 40,000$ 360,000$ TOTAL 38,305,862$ Marana Regular Council Meeting 12/19/2017 Page 345 of 483 Marana Parks Infrastructure Improvement Plan - DRAFT | Page 7 Exhibit 4: Existing Equivalent Demand Units Housing Type 2017 Dwelling Units Park Service Unit Multiplier 2017 Service Units (EDUs) Single Family Detached 13,134 1.00 13,134 Multi - Family/ Single Family Attached 1,714 0.67 1,148 TOTAL 2017 14,282 Based on statute, the value of the existing parks and recreation level of service must be increased by the total impact fees collected to date and decreased by 1) outstanding credits given to developers and 2) park- related debt. Credits to developers are generated when developers contribute to the expansion of the parks and recreation infrastructure by building a park in-lieu of paying development impact fees. This calculation of the adjusted value of the existing parks and recreation infrastructure is found in Exhibit 5. The adjusted value of the existing parks and recreation infrastructure is then distributed among existing EDUs to identify a per EDU value of the existing park and recreation infrastructure. The calculation of the value of the existing parks and recreation infrastructure per EDU is shown in Exhibit 5. This per service unit value represents the standard level of service that must be maintained as the Town grows. Exhibit 5: Existing Park Value by Equivalent Demand Unit Credits Offsets Total Total Replacement Value $38,305,862 Impact Fee Account Balance $4,033,000 Outstanding Impact Fee Credits $0 Outstanding Park Debt $0 $42,338,862 $0 Adjusted Existing Park Value $42,338,862 ÷ Existing EDU 14,282 Net Value Per EDU $2,964 Marana Regular Council Meeting 12/19/2017 Page 346 of 483 Marana Parks Infrastructure Improvement Plan - DRAFT | Page 8 Necessary Public Services - New Development ARS §9-463.05(E)3 requires: “A description of all or the parts of the necessary public services or facility expansions and their costs necessitated by and attributable to development in the service area based on the approved land use assumptions, including a forecast of the costs of infrastructure, improvements, real property, financing, engineering and architectural services, which shall be prepared by qualified professionals licensed in this state, as applicable.” In response to the statutory mandate for a description of parks and recreation facility expansion projects required to meet the demand of new growth, the Town of Marana has developed the Ten-Year Capital Improvement Plan in Exhibit 6. Impact fees that are collected between 2013 and 2023 will be directed to the capital improvements identified in Exhibit 6 with the understanding that A.R.S. §9-463.05 allows that “…a municipality may amend an infrastructure improvements plan adopted pursuant to this section without a public hearing if the amendment addresses only elements of necessary public services in the existing infrastructure improvements plan and the changes to the plan will not, individually or cumulatively with other amendments adopted pursuant to this subsection, increase the level of service in the service area or cause a development fee increase…”. Exhibit 6: Parks Capital Improvement Plan 2017-2027 PROJECT FY 2018-20 FY 2021-28 10-Year Total North Marana Sports Fields $350,000 $3,000,000 $3,350,000 Saguaro Bloom Community Park $3,377,800 $3,377,800 Tangerine Sky Community Park Hard Structures $500,000 $500,000 NE District Park Land Acquisition $1,500,000 $1,500,000 CAP Canal Trail Improvements $100,000 $100,000 Santa Cruz SUP Avra Valley Rd. - N. Marana $1,500,000 $1,500,000 Tortolita Trail Extension $450,000 $450,000 Ora Mae Harn Park Improvements $250,000 $2,200,000 $2,450,000 Heritage River Park Improvements $1,000,000 $1,000,000 Tangerine Rd. Corridor Path $900,000 $900,000 Santa Cruz Shared Use Path, Phase III $1,000,000 $1,000,000 Adult Softball Field Ora Mae Harn Park $360,000 $360,000 Impact Fee Study $65,000 $65,000 Parks, Recreation, Trails & Open Space Master Plan $350,000 $350,000 Total $16,902,800 Marana Regular Council Meeting 12/19/2017 Page 347 of 483 Marana Parks Infrastructure Improvement Plan - DRAFT | Page 9 Updated Parks Impact Fee per Service Unit ARS §9-463.05(E)3 requires: “A table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial and industrial.” Exhibit 7 meets the statutory mandate described above. The updated park impact fee is a projection of existing level of service to new development. Exhibit 7 converts the net value per EDU to cost per housing unit by multiplying it by the Park Service Unit Multiplier. The updated impact fee derived in Exhibit 7 does not reflect any credits or allowable deductions. Exhibit 7: Updated Parks Impact Fee per Equivalent Demand Unit (Before Credits) Single Family Multi-Family Net Value Per EDU $2,964 Park Service Unit Multiplier 1.00 0.67 Updated Impact Fee $2,964 $1,986 Current Fee $2,986 $2,001 Percent Change -0.7% -0.7% Projected Service Units for New Development ARS §9-463.05(E)3 requires: “The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria.” The Town of Marana has developed Land Use Assumptions that estimate the number of new dwelling units expected over the next ten years. Exhibit 8 presents the existing and future dwelling units in the 10-year window based on the Town’s Land Use Assumptions. The final result is the number of new EDUs expected over the next ten years. Marana Regular Council Meeting 12/19/2017 Page 348 of 483 Marana Parks Infrastructure Improvement Plan - DRAFT | Page 10 Exhibit 8: Park Equivalent Demand Units (2017 - 2027) Housing Type 2017 Dwelling Units Park Service Unit Multiplier 2017 Service Units (EDUs) Single Family Detached 13,134 1.00 13,134 Multi - Family / Single Family Attached 1,714 0.67 1,148 TOTAL EDUs 2017 14,282 Housing Type 2027 Dwelling Units Park Service Unit Multiplier 2027 Service Units (EDUs) Single Family Detached 19,806 1.00 19,806 Multi - Family / Single Family Attached 2,015 0.67 1,350 TOTAL EDUs 2027 21,156 New EDUs 2017-2027 6,874 Projected Impact Fee Revenue, 2017 - 2027 ARS §9-463.05(E)3 requires: “The projected demand for necessary public services or facility expansions required by new service units for a period not to exceed ten years.” Exhibit 9 calculates the total expected revenue from impact fees collected between 2017 and 2027 based on the estimated number of new EDUs (Exhibit 8) and updated impact fee. The total projected revenue does not include development credits. Exhibit 9: Potential Park Impact Fee Revenue, 2017-2027 (Before Credits) Service Area New EDUs Impact Fee / EDU (Before Credits) Projected Revenue 2017-2027 (Before Credits) Planned Costs Town-wide 6,874 $2,964 $20,376,391 $16,902,800 Marana Regular Council Meeting 12/19/2017 Page 349 of 483 Marana Parks Infrastructure Improvement Plan - DRAFT | Page 11 ARS §9-463.05(E)3 requires: “A forecast of revenues generated by new service units other than development fees, which shall include estimated state-shared revenue, highway users revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions, and a plan to include these contributions in determining the extent of the burden imposed by the development as required in subsection B, paragraph 12 of this section.” The Town of Marana collects no property tax to include in revenue forecasts. However, the Town does collect a 4% construction sales tax and also receives revenue from the state related to gas taxes. It is recommended that $503 of the sales tax be credited on a per EDU basis, resulting in a fee of $2,461 per EDU. Exhibit 10 calculates the projected revenue and percent of planned costs covered by this revenue forecast. The remainder of the sales tax credit would be credited against the yet-to-be-calculated Street Facilities fee. It is recommended that the credits associated with HURF/VLT be applied fully to the street facilities fee. If approved, no additional credits would be applied to the Parks and Recreational Facilities fee. Exhibit 10: Potential Park Impact Fee Revenue, 2017-2027 (After Credits) Service Area New EDU's Impact Fee / EDU (Less the $503 Credit) Projected Revenue 2013-2023 Planned Costs % of Planned Costs Town-wide 6,874 $2,461 16,916,914 16,902,800 100% In summary, the 2017 Impact Fee Update and Infrastructure Improvement Plan result in a final calculation of the Impact Fee per EDU of $2,461. Marana Regular Council Meeting 12/19/2017 Page 350 of 483 Marana Parks Infrastructure Improvement Plan - DRAFT | Page 12 APPENDIX A List of Preparers Staff Participants Keith Brann, P.E., CFM, Town Engineer and Project Director Frank Cassidy Esq., Town Attorney D. Tyrell McGirt, Deputy Director, Parks and Recreation Department Norris Design Stacey Weaks, RLA, LEED, AP Julie Parizek, CPRP Adam Call APPENDIX B Marana Regular Council Meeting 12/19/2017 Page 351 of 483 Marana Parks Infrastructure Improvement Plan - DRAFT | Page 13 Table of Paths and Trails Area Surface Miles Width Acres Santa Cruz Linear Park S El Rio to Ina Paved 2.4 20 13.09 Santa Cruz Linear Park N Pines GC to Tiffany Loop Paved 2.2 20 5.33 Santa Cruz Linear Park NW El Rio Neighborhood Park to Avra Valley Rd. Paved 1.48 20 3.59 San Lucas Cochie Canyon Drive SUP Paved 1 20 2.42 Riparian Park Paved 0.2 20 0.48 Total 7.28 24.91 Wild Burro Loop Dirt 1.7 20 4.12 Lower Javelina Dirt 1.7 20 4.12 Upper Javelina Dirt 2.8 20 6.79 Alamo Springs Dirt 4.1 20 9.94 Alamo Springs Spur Dirt 1.3 20 3.15 Wild Mustang Dirt 3.8 20 9.21 Wild Burro Dirt 6.5 20 15.76 Cochie Springs Trail Dirt 3.6 20 8.73 Ridgeline Trail Dirt 3.1 20 7.52 Tortolita Preserve Loop Dirt 8.8 20 21.33 Total 37.4 90.67 Marana Regular Council Meeting 12/19/2017 Page 352 of 483 Town of Marana Impact Fee Study Streets Facilities Development Fee Report Public Report DRAFT Prepared by Prepared for 333 East Wetmore Road, Suite 450 Tucson, AZ 85705 11555 West Civic Center Drive Marana, AZ 85653 Psomas Project No. 7TMA150105 Original: September 20, 2017 Revised: December 1, 2017 Marana Regular Council Meeting 12/19/2017 Page 353 of 483 December 2017 Streets Facilities Development Fee Study Page i Town of Marana Mayor and Council Ed Honea – Mayor Jon Post – Vice Mayor Dave Bowen – Councilmember Patti Comerford – Councilmember Herb Kai – Councilmember Carol McGorray – Councilmember Roxanne Ziegler – Councilmember Key Staff Gilbert Davidson, Town Manager Keith Brann, P.E., CFM, Town Engineer and Project Director Frank Cassidy Esq., Town Attorney Fausto Burruel, P.E., Traffic Engineering Division Manager Dan Grossman, Project Control Specialist Project Consultants Psomas 333 East Wetmore Road, Suite 450 Tucson, AZ 85705 520-292-2300 Prime Consultant – All Tasks Curtis Lueck & Associates 5640 West Four Barrel Court Tucson, AZ 85743 Advisor – All Tasks Marana Regular Council Meeting 12/19/2017 Page 354 of 483 December 2017 Streets Facilities Development Fee Study Page ii TABLE OF CONTENTS 1. INTRODUCTION ________________________________________________ 1 2. STREETS FACILITIES FEE CATEGORIES _______________________________ 2 3. STREETS FACILITIES AND FUNDABLE IMPROVEMENTS ____________________ 6 4. DEVELOPMENT FEES FOR STREETS FACILITIES _________________________ 7 5. GUIDANCE ON SPECIAL FEE STUDIES _______________________________ 10 5.1. NEED FOR SPECIAL FEE STUDIES ______________________________________ 10 5.2. TIMING OF SPECIAL FEE STUDIES ______________________________________ 10 5.3. PERSONS PREPARING SPECIAL FEE STUDIES _____________________________ 11 5.4. CONTENT OF SPECIAL FEE STUDIES ____________________________________ 11 6. GUIDANCE ON FEE CREDITS ______________________________________ 13 Appendix A – List of Preparers Appendix B – Assessed Costs by Project and Service Area Marana Regular Council Meeting 12/19/2017 Page 355 of 483 December 2017 Streets Facilities Development Fee Study Page iii LIST OF FIGURES FIGURE 1. STREETS FACILITIES BENEFIT AREAS ________________________________ 5 LIST OF TABLES TABLE 1. GROSS FEE BY SERVICE AREA ______________________________________ 6 TABLE 2. RECOMMENDED MAXIMUM STREET FACILITIES FEE _______________________ 8 Marana Regular Council Meeting 12/19/2017 Page 356 of 483 December 2017 Streets Facilities Development Fee Study Page 1 1. INTRODUCTION The Town of Marana collects development fees to offset some of the infrastructure costs associated with growth. The Town’s ordinance and fee structure complies with Arizona Revised Statute (ARS) §9-463.05. This report provides revised development fee studies, project lists, and fee schedules necessary to implement the update of its street impact fees. The statute prescribes in detail development fee assessment procedures and programs. It limits the types of “necessary public services” which the fees can fund. A municipality must develop two preliminary products prior to calculating the fees for each service category: a set of land use assumptions and an infrastructure improvements plan (IIP). These documents were adopted by the Town Council on September 19, 2017. As described in the Streets Facilities Infrastructure Improvements Plan (Streets IIP), the Town has three service areas for street improvements. The service areas are shown in Figure 1. Note that this figure is slightly different than the one shown in the IIP because of the preexisting exemption for the Dove Mountain development. This Development Fee Report defines terminology and identifies the maximum recommended fees to be collected to fund the Streets IIP. Marana Regular Council Meeting 12/19/2017 Page 357 of 483 December 2017 Streets Facilities Development Fee Study Page 2 2. STREETS FACILITIES FEE CATEGORIES Streets facilities fees are assessed based on a development’s size, type, and service area. The fees are divided into eight land use categories including residential, retail, high traffic retail, industrial, general office, medical facility, institutional, and recreation. Residential development and retail/service uses are further refined in subcategories. Definitions for these categories and subcategories are provided here, based on commonly used land use descriptions found in ITE’s Trip Generation publication (ITE). “Single Family Residential” (SFR) refers to all detached or attached residential structures characteristic of a primary residence, even if the residence is subsequently rented. Duplexes, Triplexes, Condominiums, Townhomes, as well as mobile homes and manufactured homes on individual parcels are assessed at the SFR rate. See also ITE Land Use Category 210. “Multi-Family Residential” refers to development where more than a single residential unit occurs on a single lot. This includes apartments, student housing, and mobile home parks. See also ITE Land Use Category 220. “Age Restricted Residential” refers to communities that restrict residents to those who are at least 55 years old with no one in the household under age 18. See ITE Land Use Categories 251 and 252. “Hotel/Motel” refers to temporary lodging facilities including hotels, motels, time shares/fractional shares, and recreational vehicle parks. See ITE Land Use Category 320 and related categories. “Congregate Care” refers to group housing that is typified by a central eating facility, smaller rooms, and a higher level of care for its tenants. This includes nursing homes, group homes, and other similar uses. See ITE Land Use Category 253. “Retail Services” include myriad land uses providing retail sales, discount sales, and related services. See ITE Land Use Categories 800-899. Marana Regular Council Meeting 12/19/2017 Page 358 of 483 December 2017 Streets Facilities Development Fee Study Page 3 “High Traffic Retail” includes, but is not limited to, fast food restaurants, service stations, convenience stores, and high-turnover restaurants. See ITE Land Use Categories 853 and 900-999. “Industrial” uses include all light and heavy industry, industrial parks, manufacturing, warehousing, mini-storage, and utilities. See ITE Land Use Categories 100-199. “Office” includes all office uses, office parks, corporate headquarters, governmental offices, business parks, and research and development (R&D) parks. Doctor, dentist, and veterinary offices, clinics, and urgent care facilities fall under this category instead of medical facilities. See ITE Land Use Category 710 and related categories. “Medical Facility” includes hospitals, micro hospitals, stand-alone emergency rooms, and other similar uses. See ITE Land Use Categories 610 and 630. “Institutional” includes churches, schools, colleges, and universities, cemeteries, libraries, fraternal lodges, and day care centers. See ITE Land Use Categories 500-599. “Recreation” includes parks, camp grounds, golf courses, bowling alleys, movie theaters, racetracks, skating rinks, tennis courts, health/fitness clubs, and community recreational centers. See ITE Land Use Categories 400-499. Additional definitions for terms used in the Streets IIP and in this report include the following: “Equivalent Demand Unit (EDU)” is the demand for streets infrastructure created by a typical single family residence, or SFR. The average vehicle-miles of travel created by a SFR on the arterial/major collector network is one service unit, or EDU. The demand for streets infrastructure for other land uses is the ratio of its demand compared to that of a SFR, expressed in EDU. For example, the EDU/unit for one multi-family residential unit is 0.6 EDU. This definition differs from the Park Fee study, which uses the ratio of household size (number of occupants) instead. Marana Regular Council Meeting 12/19/2017 Page 359 of 483 December 2017 Streets Facilities Development Fee Study Page 4 “Service Unit” means a standardized measure of infrastructure capacity consumption, use, generation or discharge attributable to an individual unit of development calculated pursuant to generally accepted engineering or planning standards for a particular category of necessary public services or facility expansions. In this Fee Report, the terms service unit and EDU are interchangeable. Marana Regular Council Meeting 12/19/2017 Page 360 of 483 December 2017 Streets Facilities Development Fee Study Page 5 Figure 1. Streets Facilities Benefit Areas Marana Regular Council Meeting 12/19/2017Page 361 of 483 December 2017 Streets Facilities Development Fee Study Page 6 3. STREETS FACILITIES AND FUNDABLE IMPROVEMENTS A list of proposed streets improvements to be funded between 2018 and 2027 is shown in Table 1 of the Streets IIP. That exhibit, Titled “Necessary Streets Facilities, Existing and Future” is hereby incorporated by reference. The list includes projects in each of the three service areas, and total costs of improvements is $138,263,417. The total cost of the improvements is greater than the cost attributable to new development from 2018 to 2027, which totals $67,849,296, as shown in Table 1 below. The table also includes the cost of two updates to the impact fee studies during the 10-year period, estimated at $90,000 each, split proportionally (by EDUs) between the three service areas. These costs are eligible expenditures of development fees pursuant the definitions of necessary public services in A.R.S. §9-463.05(7)G. The table also reflects the exemption of Dove Mountain from the northeast benefit area, including adjusted costs for the projects and the future impact fee (see additional discussion in Section 4). Per the existing agreement, the Town of Marana is responsible for impact fees which would have otherwise been paid by Dove Mountain. Table 1. Gross Fee by Service Area Estimated EDUs by Service Area Project Costs by Service Area Impact Fee Study Costs Total Costs by Service Area Raw Streets Fee Per EDU Northwest 3,062 $18,972,000 $53,706 $19,025,706 $6,214.43 Northeast (excluding Dove Mountain)*2,207 $14,940,033 $38,720 $14,978,753 $6,786.09 Northeast (Dove Mountain)*850 $5,753,267 $14,911 $5,768,178 $6,786.09 South 4,142 $28,183,996 $72,664 $28,256,660 $6,821.55 TOTALS 10,261 $67,849,296 $180,000 $68,029,296 N/A *Dove Mountain costs will be borne by the Town of Marana per an existing agreement. See text. Marana Regular Council Meeting 12/19/2017 Page 362 of 483 December 2017 Streets Facilities Development Fee Study Page 7 4. DEVELOPMENT FEES FOR STREETS FACILITIES The analysis of maximum recommended fees for the various land use categories, as applied to the three service areas, takes into consideration numerous factors. These include the trip generation rates, percent of primary trips, length of travel on the major collector/arterial system, and the current expected cost of building additional roadway capacity. These factors are inherent in the summary matrix provided in Table 2, which defines the recommended maximum base fee for each combination of land use and service area. (Additional detail is provided in Appendix B.) This table also includes fee offsets for the construction sales tax (CST) as applicable, which was detailed in the IIP. The CST credit described in the Streets IIP is split between the Streets Fee and the Parks Fee. The Parks fee credit is $503 per residential unit; the remainder is credited to the Streets Fee. As examples, the recommended maximum base development fees for single family residences are $3,719 for the Northwest service area, $4,291 for the Northeast service area, and $4,327 for the South service area. The recommended maximum fees for other land uses are proportional to their relative EDU factors and allowable offsets. Note that fees for the “Retail and Services” category are assessed on a build-up basis. For example, a 150,000 square foot development in the South service area would be charged $103,740 for the first 15,000 square feet plus $8,231 times 135 for the remaining 135,000 square feet, for a total base fee of $1,221,540. Fees are assessed not only for new capacity, but also for available capacity built in advance by the Town in anticipation of new development. The value of these completed capacity projects is factored into the analysis on a pro rata basis of construction costs and the utilization of these facilities by an expanded population and business base. These projects include portions of Cortaro Road, Silverbell Road, and Ina Road, as shown in Appendix B. The fees shall be determined by the Town utilizing the land use intensity factors contained in the fee tables, i.e., number of dwelling units or 1000s of square feet of building area. Portions of a development that do not generate traffic impacts may be excluded from the calculation of fees at the discretion of the Town. Marana Regular Council Meeting 12/19/2017 Page 363 of 483 December 2017 Streets Facilities Development Fee Study Page 8 Table 2. Recommended Maximum Street Facilities Fee Northwest Northeast SouthNorthwest Northeast SouthResidentialSingle Family ResidentialDwelling Unit 1.0 6,214$ 6,786$ 6,822$ 2,495$ 3,719$ 4,291$ 4,327$ Multi-FamilyDwelling Unit 0.6 3,729$ 4,072$ 4,093$ 919$ 2,810$ 3,153$ 3,174$ Hotel/MotelRooms 0.5 3,107$ 3,393$ 3,411$ 897$ 2,210$ 2,496$ 2,514$ Congregate CareDwelling Unit 0.2 1,243$ 1,357$ 1,364$ 684$ 559$ 673$ 680$ Single Family Residential (age restricted)Dwelling Unit 0.3 1,864$ 2,036$ 2,046$ 2,495$ N/AN/AN/AMulti-Family Residential (age restricted)Dwelling Unit 0.3 1,864$ 2,036$ 2,046$ 919$ 945$ 1,117$ 1,127$ Retail and Services ****< 15,000 sf1000 sf 1.2 7,457$ 8,143$ 8,186$ 1,270$ 6,187$ 6,873$ 6,916$ 92,805$ 103,095$ 103,740$ 1000 sf 1.4 8,700$ 9,501$ 9,550$ 1,270$ 7,430$ 8,231$ 8,280$ High Traffic Retail1000 sf 3.3 20,508$ 22,394$ 22,511$ 1,734$ 18,774$ 20,660$ 20,777$ Industrial1000 sf 0.3 1,864$ 2,036$ 2,046$ 1,734$ 130$ 302$ 312$ General Office 1000 sf 1.1 6,836$ 7,465$ 7,504$ 1,734$ 5,102$ 5,731$ 5,770$ Medical Facility1000 sf 1.5 9,322$ 10,179$ 10,232$ 3,674$ 5,648$ 6,505$ 6,558$ Institutional 1000 sf 0.3 1,864$ 2,036$ 2,046$ 1,887$ N/A149$ 159$ Recreation1000 sf 0.1 621$ 679$ 682$ 1,675$ N/AN/AN/A*Raw fees are the development fees before construction sales tax credits are applied.** Construction sales tax credit for single family residential, multi-family, single family (age restricted) and multi-family (age restricted) have been reduced by $503 to account for that portion of the CST credit applied to the Parks and Recreational Facilities fee.***Base fees are the raw fees after applying the construction sales tax credits.***Retail developments will pay the total fee for the first 15,000 sq ft (as applicable) plus the base fee for their category for each additional square foot of building area. For example, the impact fees for a 150,000-sq ft development in the South benefit area would be $103,740 for the first 15,000 sf plus ($8,231 x 135) for the remaining 135,000 sf, for a total base fee of $1,221,540.Land Use CategoryUnitEDUs per UnitRaw Fees*Construction Sales Tax**Base Fees***>15,000 sfTotal fee for first 15,000 sq ft:Marana Regular Council Meeting 12/19/2017Page 364 of 483 December 2017 Streets Facilities Development Fee Study Page 9 Examples of such ancillary uses which would not generate traffic impacts include maintenance and storage facilities on a golf course or an outdoor car wash at an auto dealership. Fees shall be assessed to governmental uses including school districts, fire districts, water companies, and public utilities. The Town of Marana is a municipal corporation exempt from streets facilities development fees. The Dove Mountain development is removed in its entirety from the streets facilities development fee northeast benefit area due to a prior agreement between the Town and the developer. This exemption does not alter the technical analysis or the resulting fee calculation. The fee study considers the exemption of approximately 833 dwelling units and 20 acres of commercial uses representing approximately 850 EDUs anticipated in the Land Use Assumptions for Dove Mountain over the next 10 years. The subtraction of these EDUs does not change the result of the fee analysis because the total fees for the benefit area were reduced accordingly (i.e. the portion which Dove Mountain would have paid was removed from the total). The Town of Marana is obligated to provide any streets facilities project funding which otherwise would have been paid by Dove Mountain. As a matter of sound fiscal policy, the streets fees should be reviewed, and if necessary, adjusted, every two years concurrent with the mandatory biennial audit. At a minimum, upon consideration by the Mayor and Council, adjustment should be made for the Construction Cost Index, which shall not exceed a five percent increase in the fee. Marana Regular Council Meeting 12/19/2017 Page 365 of 483 December 2017 Streets Facilities Development Fee Study Page 10 5. GUIDANCE ON SPECIAL FEE STUDIES 5.1. NEED FOR SPECIAL FEE STUDIES In some cases, there will be a need for a special impact fee study because the routine application of the fee table is deemed unfair to either the developer or the Town. This might occur if the projected traffic from a proposed development has a significantly different trip generation rate or trip length, or if there is no strong nexus between the land use and the funded facilities. An example of this would include a student housing project where vehicle use is low, alternate modes are provided, and trip distances are short. Conversely, an industrial use might overburden a roadway structural section such that the roadway design basis used in the fee calculation is exceeded. In such a case, additional structural capacity would be needed for the proposed loading rather than adding travel lanes. For these examples (and other unusual situations), either the developer or the Town would request a special impact fee study be conducted. The study could be conducted by a qualified consultant on behalf of the developer, or by Town staff. The Town remains the final decision maker on these matters, including the need for a special study, who conducts it, and its ultimate approval resulting in a modified fee. 5.2. TIMING OF SPECIAL FEE STUDIES Special fee studies may be initiated by a developer or by the Town. In the case of developer-initiated studies, the developer shall submit to the Town a letter of justification prior to conducting a special fee study. The letter shall state the reasons why a special study is necessary. If Town staff concurs that a special study is justified, staff will then decide if the study will be conducted in-house at no cost to the developer, or by a mutually agreed upon and qualified third party, at the expense of the developer. The Town shall render a determination on the request within two weeks of submittal. Special fee studies must be justified, prepared, submitted, and approved (if appropriate) prior to the time when streets facilities development fees are due. Special studies may not be conducted retroactively or after development fees have been paid to the Town. Requests for full or partial refunds after payment of the fees are not allowed. Marana Regular Council Meeting 12/19/2017 Page 366 of 483 December 2017 Streets Facilities Development Fee Study Page 11 In cases where the Town initiates a special fee study, the Town shall notify the developer in writing not later than four weeks after a developer submits a tentative plat in the case of a subdivision, development plan, or building permit request. The Town shall conduct a special fee study and make a modified fee determination prior to the time fees are due. A developer may appeal the Town’s findings to the Town Council in a manner prescribed by Town ordinances and codes. The Town may not conduct a special study or modify fees retroactively or after development fees have been paid to the Town. In no case shall special fee studies be conducted due to simple disagreement with the Town’s cost estimates, ITE trip generation rates, or projects defined in the Infrastructure Improvements Plan for Streets Facilities. Developer-initiated fee studies will generally be disallowed if the project can readily be reused for other more intense purposes. 5.3. PERSONS PREPARING SPECIAL FEE STUDIES Due to the highly technical nature of development fee calculations, special fee studies shall be prepared by qualified professional(s), as defined by statutes. For studies conducted by a third party on behalf of the developers, the Town shall approve the selection of the person or firm preparing the study in advance of the study’s submittal to the Town. 5.4. CONTENT OF SPECIAL FEE STUDIES Special fee studies may be prepared as a freestanding report or as a supplement to a traffic impact report required by the Town as a precondition of development approval. Special fee studies shall include the following elements: · Introduction describing the project location, land use, and intensity. State the assigned Marana case number. · Justification for the Study, which may be a reiteration of the approved letter of request. · Technical analysis of the elements of fee basis, resulting in a new or revised EDU calculation used to estimate the impact fee. The technical analysis may consider the existing uses of the site. Marana Regular Council Meeting 12/19/2017 Page 367 of 483 December 2017 Streets Facilities Development Fee Study Page 12 · Detailed cost estimate of proposed development to determine construction cost credit. This cost estimate may ultimately be utilized by the Town for building permitting use. · Recalculation of the proposed Streets facilities development fee to be paid by the developer, based on the revised EDU calculation. The fee recalculation may also consider credits for prior Streets facilities development fee payments to the Town and existing uses on the site. · Summary of findings, briefly restating the contents of the study. · Appendices, providing any supporting information such as field data, technical publications, and market information. Include copies of the letter of request for a special study and the approval of the request. · Seal of professional registrant as required by R4-30-304, Use of Seals, Arizona State Board of Technical Registration. Marana Regular Council Meeting 12/19/2017 Page 368 of 483 December 2017 Streets Facilities Development Fee Study Page 13 6. GUIDANCE ON FEE CREDITS Fee credits are allowed under three circumstances: Credit for Prior Fees. If a streets facilities development fee has been paid previously to the Town for an approved development on the same site, the Town shall adjust the amount of the new impact fee due by subtracting the previous payment amount, uninflated, from the total due. Credit for Existing Uses. The demand for roadway capacity from a conforming developed site may be subtracted from the impacts of a proposed new use or reuse in a special fee study. Replacement of existing conforming uses of the same type and scale (number of EDU) will have no fee assessed. Credit shall not be given for nonconforming existing uses under any circumstances. Credit for Improvements in the IIP. A developer may be credited for making improvements contained in the IIP at an amount not greater than the estimated cost contained in the most current IIP, which includes right-of-way costs. Partial improvements shall be credited on a pro rata basis as determined by the Town. Dedications-of-rights of way only shall be credited based on the presumptive right-of-way unit costs used in the preparation of the Streets IIP, which is $30,000 per acre. Marana Regular Council Meeting 12/19/2017 Page 369 of 483 Appendix A List of Preparers Psomas Darlene Danehy, P.E., PTOE, ENV SP Alejandro Angel, PhD, P.E., PTOE, ENV SP Curtis Lueck & Associates Curtis C. Lueck, PhD, P.E. Staff Participants Keith Brann, P.E., CFM, Town Engineer and Project Director Fausto Burruel, P.E., Traffic Engineering Division Manager Dan Grossman, Project Control Specialist Frank Cassidy Esq., Town Attorney Marana Regular Council Meeting 12/19/2017 Page 370 of 483 Appendix B Assessed Costs by Project and Service Area Road ProjectProject Type# of LanesClassificationVolume Before ImprovementsExisting Volume (veh/day)Existing Capacity (veh/day)Future Volume (veh/day)Future Capacity (veh/day)Traffic from Development% of Capacity used by developmentTotal Improvement CostsCost of New Two-Lane RoadwayOutstanding Impact Fee Credits / Debt ServiceCost of Vehicular Improv (80%)Cost of bike/ped improv (20%)Cost Attributable to Develoment = (Vehicular Cost * % Capacity used) + 100% of ped/bike improvementsMarana Main StreetSandario RdGrier RdNew2Collector00N/A1,89514,0401,89513%2,020,000$ 2,020,000$ 2,020,000$ Marana Main StreetTangerine Farms RdSandario Rd Legacy 2 Collector 00 14,040 2,659 14,040 2,659 19%1,000,000$ 1,000,000$ Tangerine Farms RoadI-10 (Tangerine TI)Clark Farms Legacy 4 Arterial 0 5,700 35,820 8,300 35,820 8,300 23%Clark FarmsRiccati DrDespain DrLegacy3Collector01,20014,7422,20014,7422,20015%Gladden FarmsTangerine Farms RdLon Adams Rd Legacy 3 Collector 0 3,800 14,742 3,600 14,742 3,600 24%Lon Adams RoadTangerine Farms RdMoore Rd Legacy 3 Collector 0 4,100 14,742 4,100 14,742 4,100 28%Tangerine Farms Road Clark FarmsI-10 (Marana TI)New 4 Arterial 00 N/A 7,500 35,820 7,500 21% 8,970,000$ 4,490,000$ 4,490,000$ Marana Road Interchange, Phase 1N/A N/AIntersection ReconstructN/A N/A N/A N/A N/A N/A N/A N/A 100% 6,000,000$ 6,000,000$ Tangerine Road, Phase 1Dove Mountain BlvdTown LimitsCompleted Capacity4 Arterial 14,444 14,444 35,820 21,044 35,820 6,600 18% 6,189,000$ 4,951,200$ 1,237,800$ 2,150,081$ Tangerine Road, Phase 2I-10 (Tangerine TI)Dove Mountain BlvdExpansion 4 Arterial N/A 5,800 15,930 9,200 35,820 3,400 9% 49,179,000$ 39,343,200$ 9,835,800$ 13,570,219$ Twin Peaks RoadLambert LnTangerine RdLegacy4Arterial013,70035,82019,70035,82019,70055%4,097,000$ 4,097,000$ Moore RoadCamino De OesteThornydale Rd Legacy 2 Collector 149 5,500 14,040 9,300 14,040 9,151 65%876,000$ 876,000$ Twin Peaks InterchangeN/AN/ALegacyN/AN/AN/AN/AN/AN/AN/AN/A100%3,008,000$ 3,008,000$ Twin Peaks RoadI-10Lambert LnLegacy4Arterial016,80035,82026,00035,82026,00073%2,049,000$ 2,049,000$ Twin Peaks Road/Rattlesnake PassSaguaro Highlands DrSilverbell Rd Expansion 4 Collector N/A 6,700 15,930 15,918 35,820 9,218 26% 11,210,000$ 8,968,000$ 2,242,000$ 4,549,720$ Cortaro RoadI-10Camino de OesteCompleted Capacity4 Arterial 23,000 22,900 35,820 27,000 35,820 4,000 11% 8,134,735$ 6,507,788$ 1,626,947$ 2,353,668$ Silverbell RoadIna Rd Cortaro RdCompleted Capacity4 Arterial 9,800 15,500 35,820 26,500 35,820 16,700 47% 21,068,682$ 16,854,946$ 4,213,736$ 12,071,849$ Ina RoadI-10 Silverbell RdCompleted Capacity4 Arterial 12,848 12,848 35,820 24,548 35,820 11,700 33% 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Council-Regular Meeting   A2         Meeting Date:12/19/2017   To:Mayor and Council From:Frank Cassidy, Town Attorney Date:December 19, 2017 Strategic Plan Focus Area: Not Applicable  Subject:Resolution No. 2017-114: Relating to Real Estate; approving and authorizing the Mayor to execute a farming right-of-way license for Gladden Farms II subdivision (except Block 29); and authorizing the Interim Town Manager to execute similar farming right-of-way licenses (Frank Cassidy) Discussion: The Town has for many years issued right-of-way licenses to allow farming in dedicated but unused public right-of-way located next to farm fields. With the recent completion of the Tangerine Downtown Sewer Conveyance System (Marana Project WR010), Town staff has had internal and external discussions about how best to allow farming to continue in dedicated public right-of-way that is partially used (for example, by the construction of a sewer) but still capable of being farmed. As a result of those discussions, Town staff has developed a standard farming right-of-way license, the first signed example of which is presented today -- the license to farm dedicated right-of-way in the Gladden II subdivision (except Block 29, owned by Northwest Hospital). It is different in several respects from earlier Town-issued farming licenses:  It now contains specific conditions and restrictions associated with farming near a sewer line The landowner, and not just the farmer, signs the license; recognizing that  farming of the right-of-way is only practicable for one who has the right to farm the land adjacent to the right-of-way the adjacent landowner's development activities also affect farming of the right-of-way The license now expressly runs with the land, eliminating the need to re-do the license each time there is a new landowner or farmer Allowing farming in vacant or mostly-vacant public right-of-way benefits the Town, the public, the surrounding landowners, and the farmer by maximizing the economically viable use of the vacant dedicated lands and minimizing their associated maintenance and policing costs. Not allowing it severely hampers the viability of farming the adjacent fields and creates a disincentive Marana Regular Council Meeting 12/19/2017 Page 474 of 483 allowing it severely hampers the viability of farming the adjacent fields and creates a disincentive to master planning and the early dedication of land associated with it. If approved as presented, this resolution will authorize the Mayor to sign the Gladden II farming license and will allow the Interim Town Manager to sign other similar farming licenses without the need to return to Council for approval of each individual license. The resolution will also authorize the Town Engineer, the person responsible for managing Town right-of-way, to terminate or modify right-of-way farming licenses when the right-of-way is needed for Town purposes incompatible with farming. The resolution would also waive the normal $1,000 license fee for farming licenses, in recognition of the mutual benefits of the arrangement. Staff Recommendation: Staff recommends adoption of Resolution No. 2017-114, approving and authorizing the Mayor to execute the Gladden II farming right-of-way license, and authorizing the Interim Town Manager to execute similar farming right-of-way licenses. Suggested Motion: I move to adopt Resolution No. 2017-114, approving and authorizing the Mayor to execute the Gladden II farming right-of-way license, and authorizing the Interim Town Manager to execute similar farming right-of-way licenses. Attachments Resolution No. 2017-114  Gladden II farming license  Marana Regular Council Meeting 12/19/2017 Page 475 of 483 Marana Resolution No. 2017-114 - 1 - 12/6/2017 2:16 PM MARANA RESOLUTION NO. 2017-114 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FARMING RIGHT-OF-WAY LICENSE FOR GLADDEN FARMS II SUBDIVISION (EXCEPT BLOCK 29); AND AUTHORIZING THE INTERIM TOWN MANAGER TO EXECUTE SIMILAR FARMING RIGHT-OF-WAY LICENSES WHEREAS many public roadways and easements dedicated to the Town of Marana by the recording of subdivision plats are vacant or mostly vacant lands that are not currently being used or fully used for the purposes for which they were de dicated; and WHEREAS farming within vacant dedicated lands located adjacent to existing farm fields is in the best interests of the Town, the public, the surrounding landowners, and the farmer by maximizing the economically viable use of the vacant dedicated lands and minimizing their associated maintenance and policing costs; and WHEREAS not allowing farming within vacant dedicated lands severely hampers the viability of farming the immediately adjacent fields and creates a disincentive to master planning and the early dedication of land associated with it; and WHEREAS the Mayor and Council of the Town of Marana desire to license the farming use of these vacant dedicated lands to maximize their beneficial use while establishing restrictions where only a portion of the dedicated right-of-way width is being used for public purposes such as public sewer lines and/or public roadways. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. The Town of Marana right-of-way license for farming in publicly- dedicated right-of-way in Gladden Farms II subdivision (except Block 29) (the “Gladden II Farming License”) provided in the agenda materials for this Council meeting is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. Section 2. The Interim Town Manager is authorized to sign on behalf of the Town of Marana any future Town of Marana right-of-way license for farming in publicly dedicated right-of-way located adjacent to existing farm fields with substantially the same terms as the Gladden II Farming License, provided that the substance of the license is approved in writing by the Town Engineer and the form of the license is approved in writing by the Town Attorney. Marana Regular Council Meeting 12/19/2017 Page 476 of 483 Marana Resolution No. 2017-114 - 2 - 12/6/2017 2:16 PM Section 3. The Town Clerk is authorized and directed to record the Gladden II Farming License and other farming license authorized by this resolution, so that successor landowners and farmers receive the benefits and obligations arising from the license without the need to prepare and approve a new license. Section 4. The Town Engineer is authorized act on behalf of the Town of Marana to modify or terminate the Gladden II Farming License and any other farming license authorized by this resolution, in accordance with the terms of the license, when the licensed right-of-way is needed for Town purposes that are incompatible with farming. Section 5. In consideration of the Town benefits resulting from farming licenses, including without limitation the minimization of maintenance and policing costs that would otherwise be incurred by the Town if the right-of-way were not farmed, the Town’s normal license fees are waived for the Gladden II Farming License and any other farming license authorized by this resolution, Section 6. The Interim 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 this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of December, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 12/19/2017 Page 477 of 483 Marana Regular Council Meeting 12/19/2017 Page 478 of 483 Marana Regular Council Meeting 12/19/2017 Page 479 of 483 Marana Regular Council Meeting 12/19/2017 Page 480 of 483 Marana Regular Council Meeting 12/19/2017 Page 481 of 483 Marana Regular Council Meeting 12/19/2017 Page 482 of 483 Marana Regular Council Meeting 12/19/2017 Page 483 of 483