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Home My WebLink AboutAMENDED Regular Council Agenda Packet 2-6-2018 AMENDED MARANA AZ ESTABLISHED 1 9 7 7 AMENDED FEBRUARY 2, 2018 @ 10:30 AM MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 6, 2018, 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 February 6, 2018, 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 Meeting If you are interested in speaking to the Council during the Call to the Public or Public Amended Marana Regular Council Meeting 02/06/2018 Page 1 of 89 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. 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. Amended Marana Regular Council Meeting 02/06/2018 Page 2 of 89 PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P1 Presentation relating to Utilities; Marana Water Resources Update (John Kmiec) P2 Presentation relating to Boards, Commissions and Committees; update and discussion regarding recommendations from previous Marana Citizens' Forum sessions (Heath Vescovi-Chiordi) 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 Resolution No. 2018-009: Relating to development; approving a release of assurances for certain lots of Farm Field Five Amended Subdivision and accepting public improvements for maintenance (Keith Brann) C2 Resolution No. 2018-010: Relating to Special Events; renaming the Marana Cotton Festival as the Marana Farm Festival (Vickie Hathaway) C3 Resolution No. 2018-011: Relating to Public Works; authorizing Town staff and representatives to acquire lands and property rights needed for Adonis Road Extension, Grier Road to Tangerine Road, Town of Marana Project No. ST059, by negotiation or condemnation (Frank Cassidy) C4 Approval of the January 11, 2018 Special Joint Study Session Meeting Minutes, January 16, 2018 Regular Council Meeting Minutes, and February 1, 2018 Special Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B1 Relating to Boards, Commissions and Committee; selecting three potential topics for the Winter 2018 Marana Citizens' Forum (Jocelyn Bronson) COUNCIL ACTION Amended Marana Regular Council Meeting 02/06/2018 Page 3 of 89 Al Ordinance No. 2018.003: Relating to Health and Sanitation; amending Marana Town Code Title 10 (Health and Sanitation); Chapter 10-2 (Maintenance of Property); revising Section 10-2-1 (Definitions) to expand the definition of "Refuse"; and designating an effective date (Libby Shelton) A2 Ordinance No. 2018.004: Relating to Animal Control; amending Marana Town Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to clarify definitions related to destructive animals and vicious animals; revising section 6-2-2 (Appointment of animal control officers; authority) to clarify animal control officer authority to stop and detain; revising section 6-2-6 (Enforcement; continuing violation) to add provision allowing court to order abatement of violations; revising section 6-3-4 (License required; classification) to add violation for failure to license dog after notice; revising section 6-3-9 (Transfer of license; fee; classification) to eliminate reference to transfer fees and requirement that releasing owner provide report; renaming chapter 6-5 (Dog Waste Removal) as "Animal Waste Removal"; revising section 6-5-1 (Dog waste removal; exceptions; classification) to rename it as "Animal waste removal; exceptions; classification' and to change all references from "dog" to "domestic animal"; revising section 6-7-2 (Prohibited acts; classification; defenses) to add provision allowing magistrate to find an animal vicious or destructive upon conviction of violation; revising section 6-7-4 (Quarantine of biting animals; reporting; handling and destruction; exception; classification) to allow cats to be quarantined at home in certain circumstances; adding new sections 6-7-5 (Evaluation of animals) and 6-7-6 (Duty to report animal's status; effect) regarding vicious and destructive animals; revising section 6-8-3 (Impoundment of animals subject to cruelty and neglect and vicious or destructive animals) to add provision allowing evaluation of impounded animals; modifying various other provisions; and designating an effective date (Jane Fairall) Resolution No. 2018-012: Relating to Animal Control; declaring as a public record filed with the Town Clerk the amendments to Marana Town Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to clarify definitions related to destructive animals and vicious animals; revising section 6-2-2 (Appointment of animal control officers; authority) to clarify animal control officer authority to stop and detain; revising section 6-2-6 (Enforcement; continuing violation) to add provision allowing court to order abatement of violations; revising section 6-3-4 (License required; classification) to add violation for failure to license dog after notice; revising section 6-3-9 (Transfer of license; fee; classification) to eliminate reference to transfer fees and requirement that releasing owner provide report; renaming chapter 6-5 (Dog Waste Removal) as "Animal Waste Removal"; revising section 6-5-1 (Dog waste removal; exceptions; classification) to rename it as "Animal waste removal; exceptions; classification' and to change all references from "dog" to "domestic animal"; revising section 6-7-2 (Prohibited acts; classification; defenses) to add provision allowing magistrate to find an animal vicious or destructive upon conviction of violation; revising section 6-7-4 (Quarantine of biting animals; reporting; handling and destruction; exception; classification) to allow cats to be Amended Marana Regular Council Meeting 02/06/2018 Page 4 of 89 quarantined at home in certain circumstances; adding new sections 6-7-5 (Evaluation of animals) and 6-7-6 (Duty to report animal's status; effect) regarding vicious and destructive animals; revising section 6-8-3 (Impoundment of animals subject to cruelty and neglect and vicious or destructive animals) to add provision allowing evaluation of impounded animals; modifying various other provisions; and designating an effective date (Jane Fairall) ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Resolution No. 2018-013: Relating to Administration; appointing Jamsheed Mehta as Town Manager; approving and authorizing the Mayor to execute an Employment Agreement between the Town of Marana and Jamsheed Mehta (Jane Fairall) 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 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. X38-431.03 (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)(1) to discuss the employment of Interim Town Manager Jamsheed Mehta, including possible appointment as Town Manager. 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 Amended Marana Regular Council Meeting 02/06/2018 Page 5 of 89 MARANA AZ ESTABLISHED 1977 Council-Regular Meeting P1 Meeting Date: 02/06/2018 To: Mayor and Council From: John Kmiec, Utilities Director Date: February 6, 2018 Strategic Plan Focus Area: Community Subject: Presentation relating to Utilities; Marana Water Resources Update (John Kmiec) Discussion: Utilities Director,John Kmiec will provide a brief presentation on the status of the Marana water and sewer customer base, water resources, and assured water supply designation. Staff Recommendation: Presentation only. Suggested Motion: Presentation only. Attachments Water Resources Update Amended Marana Regular Council Meeting 02/06/2018 Page 6 of 89 MARANA AZ Marano Water - Resources Update John Kmiec February 6, 2018 Amended Marano Regular Council Meeting 02/06/2018 Page 7 of 89 2017 Monthly Water Use 7 r5 DO C, 8.42 -7-7 7 A DO 7 .24 80 82 Oowww�p, C 7500 63.93 63.76 70 7F?-00 55.49 60 49.88 51.31 71100 43.78 so 40.37 71000 L0 0 6r9OO 30 6800 20 6r7OO 10 600 0 2017Jan 2017 Feb 2017 Mar 017 Apr 2017 May 2017Jun 2017A 2017Aug 2017 Sep 2017 Oct 2017 Nov 2017[pec rd r s:)f G 2 -Dr s- Water Custorne rs MARANA Gallons Billed Total - 742.6m Amended Marana Regular Council Meeting 02/06/2018 Page 8 of 89 2016-2017 Monthly Water Use YoY Comparison - Millions of Gallons 90 80 70 6050 40INS an an Ion an 30 20 10 0 tan Feb Mar Apr May Jun Jul Aug Sep Oct No., Dec ■Gallons Billed 2016 ■Gallons Billed 2017 L/ �1 MARANA 1 1 % increase year over year Amended Marana Regular Council Meeting 02/06/2018 Page 9 of 89 Annual Water Customer Base � Average Customers 8000 7500 7000 6490 6500 5 6000 864 5385 5500 4951 5020 5000 4767 4366 4500 � 4000 � 3500 � 3000 2 50Y 2500 � 2000 180 1500 1327do� 1000 500 >0000"- 97 98 99 00 Ol 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 �s December 2017 Water Customers — 7,410 MARANA Amended Marana Regular Council Meeting 02/06/2018 Page 10 of 89 Annual Water Reclamation Customer Base Average Customers 3700 3500 3300 3192 3100 2900 264 December 2017 2700 WR Customers — 3,,582 2500 2300 2203 2100 1900 1700 , 2012 2013 2014 2015 2016 2017 Sewer Cards t 2013 164 - 2014 123 136.8 2015 158 211.1 2016 165 181.8 MARANA Amended Marana Regular Council Meeting 020-17 376 410.4 Page 11 of 89 Water - 2017 Production ' SYSTEM AC-FT Y North Marana 903.8 - ` Picture Rocks 757.3 y Airline- Lambert 261.9 Palo Verde 64.6 Airport 23.9 � Tangerine 3.7 Falstaff 0.2 Tuson IGA* 355.0 Total 21791N4 VI TV MARANA Amended Marana Regular Council Meeting 02/06/2018 Page 12 of 89 1) Preliminary, annual production volume review is completed Nmid-February Town of Marana Water Resources ADWR - Water Use Reporting MARANA Amended Marana Regular Council Meeting 02/06/2018 Page 13 of 89 Annual Water Usby Supply 1936 - 2016 2,500 2016 2,264 Production= 2,111 acre-feet 2,176 2,157 2,169 2,170 2,177 Delivered/Flushed =2,057 acre-feet 2,116 2,089 2,107 Losses= 120 acre-feet or 5.5% 1,956 L1, 2,000 Balances 1,826 LTSC=15,233 acre-feet Long Term Storage E t.Credits= 16,025 acre-feet GRD CreditRecovery(C. . AllowableC�1�+'V= 1,716 acre-feet 1,500 1,307 ' 0 1,536 U_ U_ W 3 964 1,000 70 623 645 Annual Recovery(CAP) 508 512 500 {Groundwater Surface later 0 1996 1997 1995 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 ,z MARANA Amended Marana Regular Council Meeting 02/06/2018 Page 14 of 89 Designation of Assured Water supply SOURCE AF/YR NOTES considers physical availability of groundwater and stored water recovered outside AOI, well capacity, Total Groundwater to SA right groundwater allowance, incidental Meet Annual Demands 3,394.39 recharge Total Existing LTS Credits 168.61 considers current LTSC balance CAP water 2,336.00 considers current contract for M&I Effluent 1,681 .00 considers Marana WRF @ 1 .5 MGD (CIP Ph1 ) TOTAL 2033 Supply/Demand: 7,580 AF/YR (unchanged) MARANA Amended Marana Regular Council Meeting 02/06/2018 Page 15 of 89 MARANA AZ ESTABLISHED 1977 Council-Regular Meeting P2 Meeting Date: 02/06/2018 To: Mayor and Council From: Heath Vescovi-Chiordi, Management Assistant Date: February 6, 2018 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: COMMUNITY - Principal Statement 2, Initiative 2: Evaluate and continuously improve the Marana Citizens' Forum and ensure Forum recommendations are implemented wherever possible. Subject: Presentation relating to Boards, Commissions and Committees; update and discussion regarding recommendations from previous Marana Citizens' Forum sessions (Heath Vescovi-Chiordi) Discussion: Staff will be presenting a review and update on key recommendations made by the Marana Citizens' Forum since 2012. Staff Recommendation: Presentation only. Suggested Motion: Presentation only. Attachments Program Progress Report Amended Marana Regular Council Meeting 02/06/2018 Page 16 of 89 MARANA AZ Marana Citizens' Forum Program Progress Report Jocelyn Bronson I Town Clerk Heath Vescovi I Economic Development Specialist February 6, 2018 Amended Marana Regular Council Meeting 02/06/2018 Page 17 of 89 ma=,� Program Background MARANA � - The Marana Citizens' Forum was created in 2012 to consolidate multiple boards and commissions in a unique way. Modeled loosely on the Arizona Town Hall concept, the Forum engages citizens and community partners in a unique format to address internal government operations affecting the public as well as town-wide issues. We bring this presentation to you now to demonstrate the accomplishments of the delegates over the past 5 years. Amended Marana Regular Council Meeting 02/06/2018 Page 18 of 89 � Current Staff MARANA Jocelyn Bronson - Town Clerk Heath Vescovi - Economic Development Specialist Amended Marana Regular Council Meeting 02/06/2018 Page 19 of 89 mz='� Program Process MARANA • 2 sessions per year • 7 meetings per session , with the 8t" meeting the presentation of recommendations to Council • Meetings Include - Orientation, Data Gathering, Data Presentation, Public Deliberation, Construction and Review of the presentation, and the Presentation Amended Marana Regular Council Meeting 02/06/2018 Page 20 of 89 Delegation Composition MARANA AZ • Community Partners • Council Appointments • At Large Delegates Amended Marana Regular Council Meeting 02/06/2018 Page 21 of 89 History of Recommendations MARANA AZ • Since its inception, Delegates have made 12 recommendations to Council • Recommendations vary in subject from Civic Engagement, to Resource Management, to Public Art. Amended Marana Regular Council Meeting 02/06/2018 Page 22 of 89 ma=,� Topic History MARANA • Civic Engagement • Parks and Recreation • Managing Local Resources • Public Safety Education • N. Marana Growth • Citizen Participation in • Job Creation & Retention Strategic Plan 3 • Retention Action Plan • Marana ZIP Code Issue • DSC Process Improvement • Public Art Policy • Technology in the Town Development Amended Marana Regular Council Meeting 02/06/2018 Page 23 of 89 MF==� Recommendation 1 Public Safety Program MARANA "Convene an ad hoc group composed of Forum Delegates, Police, Community Partners and other Town staff to organize the campaign." • 15-member ad hoc group convened • Discussed topics to be addressed as well as marketing strategies • Identified target audience • Recommended video as the form of media • Outcome: "FOCUS" Awareness Video Series Amended Marana Regular Council Meeting 02/06/2018 Page 24 of 89 mz==� Recommendation 2 — DSC Process Improvement Initiative MARANA "Create an initial and regular process review standard, and leverage online capabilities to enhance DSC processes and available information." • Initiated internal performance audit • Revamped web presence through form and information consolidation and by adding fillable forms • Helped redesign web layout to ease navigability and make more user friendly • Includes new development plan packages • AIR (All Inclusive Review) process • Continuous review and update of fees, forms, information, etc., and exploring online payment systems. Amended Marana Regular Council Meeting 02/06/2018 Page 25 of 89 L/VD a.= Tangerine Sky Park At Ad Hoc Committee MARANA A 7 • Ad hoc committee of 5 Delegates was assembled • Worked with Town Manager's Office (Tony Hunter) • Helped establish aesthetic design parameters and location • Aided in the creation of an RFP for a public art piece • Assisted in artist selection • Engaged MUSD for youth component 4 • Outcome: Deer at Tangerine Sky Park � Amended Marana Regular Council Meeting 02/06/2018 mz==� Recommendation 3 Public Art Policy MARANA "Develop and adopt an official public art policy. The core elements should include artistic themes, appropriate art locations, responsible project financing and management, and different types of art." • Direction from Town Manager's Office to explore and draft a town-wide public art policy for Council's consideration. • Include appropriate town departments, as well as outside subject matter experts • Compare and contrast other policies • Include important elements: funding, location selection, art type, artist selection method, etc. Amended Marana Regular Council Meeting 02/06/2018 Page 27 of 89 m iwtuuuaua MAPANA T h ,Illliiiii.il n u Amended Marana Regular Council Meeting 02/06/2018 Page 28 of 89 MARANA AZ ESTABLISHED 1 9 7 7 Council-Regular Meeting C1 Meeting Date: 02/06/2018 To: Mayor and Council Submitted For: Keith Brann, Town Engineer From: Gus Myers, Engineering Technician Date: February 6, 2018 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2018-009: Relating to development; approving a release of assurances for certain lots of Farm Field Five Amended Subdivision and accepting public improvements for maintenance (Keith Brann) Discussion: This resolution will release the Assurance agreement between LGI Homes Arizona, LLC. and Title Security Agency of Arizona under Trust No. 201658-S and the Town of Marana, regarding Phase 1 of Farm Field Five as depicted on the map provided as backup to this agenda item. This phase of Farm Field Five is comprised of Lots 1-13, 16, 18-20, 22-25, 271 29-33, 87-89, 146-150, 152, 154-163, 165-168, 171-190, 192-206, and 211-224 and is recorded at the Pima County Recorder's Office at Sequence Number 20163090201. Staff Recommendation: Staff recommends the adoption of Resolution No. 2018-009, releasing the assurances for Phase 1 of Farm Field Five Amended and accepting public improvements for maintenance. Suggested Motion: I move to adopt Resolution No. 2018-009, releasing the assurances for Phase 1 of Farm Field Five Amended and accepting improvements for maintenance. Attachments Amended Marana Regular Council Meeting 02/06/2018 Page 29 of 89 Resolution No. 2018-009 Location Map Amended Marana Regular Council Meeting 02/06/2018 Page 30 of 89 MARANA RESOLUTION NO,2018-009 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR CERTAIN LOTS OF FARM FIELD FIVE AMENDED SUBDIVISION AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS the final plat entitled 'Amended Final Plat Farm Field Five Lots 1 thru 224 and Common Areas "A" thru "K" ' (""Farm Field Five Amended") was recorded in the Pima County Recorder's Office on 19 October 2005, at Book 60, Page 39 (Sequence 20052030156); and WHEREAS the Town has a third party trust substitute assurance agreement (the "Assurance Agreement") with LGI Homes Arizona, LLC. (the "Subdivider") and Title Security Agency of Arizona, LLC, under Trust No. 201658-S, recorded in the Pima County Recorder's office on 4 November 2016, at Sequence 20163090201, assuring the completion of public improvements for the Farm Field Five Amended lots referred to in this resolution as "FF5 Phase 1," consisting of Farm Field Five Amended Lots 1-13, 16, 18-20, 22-25, 27, 29-33, 87-89, 146-150, 152, 154-163, 165-168, 171-190, 192-206, and 211- 224; and WHEREAS the Subdivider has completed the public improvements for FF5 Phase 1 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 1.3 miles of the following paved streets as shown on the plat of Farm Field Five Amended serving FF5 Phase 1: • Vanderbilt Farms Way • Thomas Arron Drive • White Fence Way • The portion of Fayes Glen Drive located east of Fall Glow Lane • Honey Bell Drive • Fall Glow Lane • The portion of DeSpain Drive fronting Farm Field Five Amended Lots 87-89 • Clark Farms Boulevard FC1485.DOCX/1 Marana Resolution No.2018-009 - 1 - 1/24/2018 8:58 PM Amended Marana Regular Council Meeting 02/06/2018 Page 31 of 89 Section 3. The Town accepts for maintenance the potable water system serving FF5 Phase 1, consisting of approximately 5560 linear feet of potable water line, water meters, valves,fire hydrants, and appurtenances with an estimated value of $341,040. Section 4. The Town accepts for maintenance the sanitary sewer system serving FF5 Phase 1, consisting of approximately 6901 linear feet of conveyance system and appurtenances with an estimated value of$570,309. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of February, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney FC1485.DOCX/1 Marana Resolution No.2018-009 -2 - 1/24/2018 8:58 PM Amended Marana Regular Council Meeting 02/06/2018 Page 32 of 89 �.,--_.�..:... .. -0W ...„ -..�.--�-� -Qat^. •:._��m. ..Qi�':-�i�;,�i-3-,::uv�:51..i-..u-3.�..�:�...=.rC...c. -- F-�'�+..+�-�..,5.��. -,B.,. .._�._....�,,. r k. GENERAL G"DING NOTES f FAR 1 Yl FIELD FIV I:,. � GRADING PLAN �I PRay_ I ALL WORKMANSHIP AND MATERIALS SHALL BE IN ACCORDANCE WITH THE PIMA (PC/COI SIS I),F1TUCSON 994 EDITION,NDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS 2. IT IS THF_RESPONSIBILITY OF THE CONTRACTOR TO CALCULATE HIS OWN EARTHWORK LOTS 1-224 .AND L'01�. ON AREAS "A"-r9�38 --_13BHf2Y7' fiO:iU -- 1 QUANTITIES AND SUBMIT HIS BID BASED THEREON. SECTION 2B (-..- 3. CONTRACTOR SHALL VERIFY LOCATIONS AND ELEVATIONS OF ALL 5348)NG UTILITIES (ALL STREETS AND SEWERS ARE PUBLIC) PRIOR TO ANY CONSTRUCTION.CALL BLUE STAKE(1-800F ALL E3488)TWO ILL FULL x WORKING DAYS PRIOR TO EXCAVATION.SATURDAYS AND SUNDAYS ARE NOT V ,95C CONSIDERED TO BE WORKING DAYS_ PRV-U 1--01 y7j,] I 4. CONTRACTOR SHALL GIVE FORTY-EIGHT(46)HOURS NOTICE WHEN HE SHALL REQUIRE THE SERVICES OF THE ENGINEER OR ANY OTHER PERSON PROPERLY AUTHORIZED FOR A SUCH PURPOSE FOR LAYING OUT ANY PORTION OF THE WORK.HE SHALL ALSO DIG !I 2�2e ALL STAKE HOI_ES NECESSARY TO GIVE LINE AND LEVELS. U\GiFS',vo;+ r yy:gr yppW FORD ,Y•I 95 •� 5 i II. 1f F1- it AAI A'.F'SET FOR THE LINES,LEVELS OR er?ti,Ik MI.N I WL: r A CAW I arl f N PLACES UNTIL AUTHORIZED TO ,I + �•rt 4 V 114 M F7 I. A`.Y_x!EN4,4NCURRED IN REPLACING ANY STAKES 1 T W„! l +N rr 17 ur H SUdiORO NA IhS MAY HAVE FAILED TO PRESERVE I _ ,y I SHALL BE CHARGED TO THE CONTRACTOR ,�� •`1 i 6. IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO FURNISH,HAUL,AND APPLY 1 SIIV19'j3*V 395,06' ALL WATER REQUIRED FOR COMPACTION AND FOR THE CONTROL OF DUST FROM CONSTRUCTION ACTIVITY.THE COST THEREOF IS TO BE INCLUDED IN THE GRADING [ - "--- 6}° ]'��I�,5,}r E S CONSTRUCTION PRICE, JJJI� CLARK _ ` `-� "� 7. ALL ORGANIC MATERIAL SHALL BE REMOVED WITHIN CLEARING LIMITS FOR NECESSARY AMA GRADING TO A DEPTH OF SIX(6)INCHES AND LAWFULLY DISPOSED OF PRIOR TO 11 GRADING. B. MASS GRADING SHALL BE CONSTRUCTED TO WITHIN 0.1 FEET OF FINISH GRADING 2s fps'124 1zs Izz f21 120 na na f ELEVATIONS AS STAKED BY THE ENGINEER. IH BLVD. rh-' _ 91 ALL EARTHWORK SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS OF A GEOTLCHNICAL 1 I �p ad a4 I - - Zf7••31 ENGINEERING INVESTIGATION PREPARED BY AMEC EARTH&ENVIRONMENTAL,INC. {'4 TOM HENRY NAY as . r �'ag A F• JOB NO 1--129-000107 DATED:MARCH 15 2001 EARTHWORK SHALT CONFORM TO 1,I ''� 6+ 8090 uT THE RECOMMENDATIONS CONTAINED IN SAID REPORT ' �'I ��-..I 7a 77 7s r4 �„- �_-.�. 4._J. ayO R1.�s - ry w _._ �_ _ 1C.. THE SOILS ENGINEER SHALL OBSERVE,INSPECT AND TEST ALL EARTHWORK Iso los fos fs7 fas fss __ - "r OPERATIONS,INCLUDING BUT NOT LIMITED TO: CLEARING,GRUBBING,SUBGRADE 1 zs fos nD fn / r PREPARATION,STRUCTURAL AND TRENCH EXCAVATION AND BACKFILL,TOGETHER WI1N I['' TOM HENRY NAY L�C'Ln E i.I �A PLACEMENT AND COMPACTION OF FILL. t I '� A7 6a -''""� W 7z BEING a ON:i]•i' 1 A r f •.rLl,n1N• E 11 THE CONTRACTOR SHALL BE RLSPONSIULF,FOR WE CARO,MAINTENANCE.REPAIR OR 7�I •� 2q ` )fJr 69 6v or r r•10VV`rSNs ;fp w4: REPLACEMEN'L OF ETO$TIMG MPROVf MFN"5.W THE WORK AREA W1AC11 HAVE BEEN I 4 COMMON AREA"B" _..,L, "r',.s4 e6 ss 67 y 71 Snr'alvS lr VIE Hllr AN 1 REMOVED OR DAMAC•.k-Q DJR•NG Ili(COURSE 01 CG115TRU I,TF F1.L REPAIR. i Isf p "�'_^� - SCALE:3"=I MISE REPLACEMENT,OR L.LLANOi 571 AL.L Ek.DOME i0 THE SAD$FACTION OF ME OWNER a�t>.� y :-ells.y,,,. �.. 3 12. OMISSIONS OR CONFLICTS BETWEEN VARIOUS ELEMENTS OF THE DRAWINGS,NOTES AND 1 19z v v --_ e m • Y DETAILS SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER AND RESOLVED 4 I rsz Isf fs0 Ar e� 3p1 lr �^.,�„ " 'A"r �.Ci G l BEFORE PROCEEDING WITH THE WORK. . _.. .e 13. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY GRADING AND AIR POLLUTION PERMITS I, ss r7 »s '~ !wee \, 6a E.I es ®� ,. SUBDIVISION BO,AND ` 1 _ S I� � AR" 14. THE BASIS OF BEARING:THE NORTH LINE OF THE NORTHWEST ONE-QUARTER(NK1) 'f IL _ 61 69 49 46 �f ADJACENT LOT EINE > OF SECTION 34,T 11S,R-11-E.FROM THE P.C.D.O.T.AND FLOOD CONTROL DISTRICT, I E'4yES,,X N 0' // --- ss io Phase 1 Release:Lots 1-33,87-89j 46=2'24 LO!-NE SANTA CRUZ RIVER LOWER BANK PROTECTION PLANS W.O.NO.4F918A, I L SAID BEARING BEING N 89'25'06"E S2 DESPAIN •� ---- EASEMENT LINE 15. BASIS OF ELFVATION: PROVIDED BY P.C.D.O.T.AS USED FOR SAID SANTA CRUZ RIVER " a:lar 01 + DRIVE -..- g �- �-- 100-YEAR F,.,D P.AiN LIMIT ,I PLANS A R6 P.C.D.O.T.REF.8,ELEVATION BEING 1989,74. 1'a�Cl0^ 16. EXISTING UTILITIES ARE SHOWN BASED UPON THE BEST INFORMATION AVAILABLE. • i11 4 - "t�,B,.:•» 87 CONTRACTOR TO VERIFY LOCATION OF EXISTING UTILITIES PRIOR TO COMMENCING frz+`, /� __ 4f z 4s(44�I - / JLINE CONSTRUCTION Q COMMON AREA"C' �2 PAVEMENTNORAINAG�FLOW DIRECT 7 1 ION r f t 1t 4 T AIF sti 7S SMALL BE IN CONFORMANCE WITH PIMA INDICATES BRASS CAPPED SURVEY 17 �` _ _ .. G 9fSET I: PFCIACATIONS FOR PUBLIC IMPROVEMENTS 6yA 1 „_ *tiy+r al p COM1, •ep C MONUMENT STAMPED TO BE TR RR UPON COMPLETION OF CONSTRUCTION FOUN18. AGwREVATI BASE:.UJ kSt SHA;;,40:1h0RM TO PC/COT SSPI SECTION 303. D,',�I N zoo 2a9 202'201 200(99 108 197 f% r ffi•`I'pA '` K IRONFPIN,RBRASSVEY OCAP.E ETC.NT)NOTED S•, 19. ASPHALTIC CONCRETE SHALL CONFORM TO PC/COT SSPI SECTION 406,MIX#2 CLIA 1 t9r 146/ f ZXG26 24 z.9 22 Not Released:Lots 34-86&Lot 90-14�` SPECIFICATIONS ICJ J I NDICHTES_OT ACCESS.DRIVEWAYS'M LL 20. ALL CONCRETE SHALL COMPLY WITH PC/COT SSPI SECTION 1006,CLASS S.3,000 f0+ I NOT BE LOCATED WITHIN RETURNS. PSI COMPRESSIVE STRENGTH AT 28 DAYS,UNLESS OTHERWISE SPECIFIED, „fjp ?'r4a 21, CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE OCCUPATION SAFEFY AND HEALTH z06 V F ra,: NA r r FA YES Cl.fiN DRIVE _�� SHEET INDEX SHEET INDICATOR ADMINISTRATION REGULATIONS. fez les ra4 lac refi raj ra0 ^"Y I4✓t /60 r6l r6s k zs '--' __.ter,-- PROPOSED WATERMAIN AND VALVE 22. CONTRACTOR SHALL OBTAIN ALL PERMITS REQUIRED BY GOVERNMENTAL AGENCIES �. y0. "$ �!. PRIOR TO CONSTRUCTION. 4 h 208 a far ,dam fir ® 166 f64 fes 169 167 fee �� ^r PROPOSED GRAVITY SEVER MAIN 23. THE STREET DESIGN SPEED FOR CLARK FARMS ROAD IS 45 MPH.THE STREET a rc0. �1J17 DESIGN SPEED FOR INTERIOR STREETS IS 25 MPH.THE DESIGN VEHICLE IS WB-40. I 207 ®. f 4° ' - 8"- EXISTING GRAVITY INT N MAIN Z 24. THE"LATEST REV151 N"ACCEPTED COPY OF THIS PLAN SHALL BE KEPT IN AN EASILY - r la �, l':QMYRA'AREA"D' COMMON AREA"C' W O CONCENTRATION POINT NUMBER l ACCESSIBLE LOCATION ON THE SITE AT ALL TIMES DURING CONSTRUCTION. I`I 209 5 _ F'�"f7 EXISTING/PROPOSED LAND USE 25. IF UN� I`ATEL7 CONDITIONS ARE ENCOUNTERED DURING IME COURSE OF THE 4�g _ _ - f� (RESIDENTIAL) CONS7R41CDON ANO ARE BEYOND T7$SCOPE OF Tki1=DfatCrN THE ENGINEER SHALL ITL k (SEE THIS SHEET) I SUB►AT'THE NECESSARY REVISED OR 9lTPPLf3AEHTAL IIIPR04EY'ENT PLANS FOR REVIEW �I 1 � �C.A. COMMON AREA rr AND A I&I'L.BY THE TOWN OF MARANR EHpNEER. TB1 190 179 17B 177 /76 176 TJ4 A9 ITE IT 170 lar 1Ba 197 166 166 1181 169 162 Is/180 I6B la 26, UPON COMMENCEMENT OF W'CiRR,iRAFFLC CONMOL�F:NClS SHAUI BE POSTED AND � 2rs SVI SIGHT VISIBILITY TRIANGLE M AINT'AINEO BY THE CONTRACTOR UNTIL SUCH TIME A$TME WORM IS COMPLETED. 1 I N.A.C. NO ACCESS EASEMENT 4. ALL WARNING SIGNS,SAMnCADEB CTC-SHALL K IN ACCORDANCE WITH THE MANUAL d VANPERBfLT£ARMS FAY VAXDARBIL7•FARMS NAT' r6 h� LOT GRADING TYPE OF UNIFORM TRAFFIC CONTROL 00MCES ADOPTED BY THE STATE OF ARIZONA i z1f 6 PURSUANT TO A.R.S.28-650. 7FT g DETAIL NUMBER 1 4 27. DEVELOPER COVENANTS TO HOLD THE TOWN OF MARANA,ITS SUCCESSORS AND ASSIGNS, Eft 2w 2f4 E16 216zfe .els E2V 221 22E (go f r s 4 6 e 7 B s 1s f7 12 fs ft _S 1 L C+xt. SHEET NUMBER HARMLESS IN THE EVENT OF FLOODING. 1LYAWN COIO/OX Tw I OF WALL 28 DRAINAGE VBLL NOT BE ALTERED,DISTURBED OR OBSTRUCTED WITHOUT THE A ••R'• - - AREA A - F-G. EOXIST FINISH GRADE APPROVAL OF THE MARANA TOWN COUNCIL I. COM - 29. THE CONTRACTOR SHALL ADHERE TO THE CONDITIONS OF THE STATE ANTIQUITIES ACT J •• I - _ 2175 TOUR �, AND NOTIFY ARIZONA MUSEUM AND THE PIMA COUNTY ARCHAEOLOGIST IN THE EVENT ---- '- �'""'�•- - STING SP OF U CONRB TOUR HUMAN REMAINS OR FUNERARY OBJECTS ARE ENCOUNTERED. -- -- !•_ _ -v _ - - _ -`-`_1 j- --- 2123 I 30. SLOPE PROTECTION REQUIREMENTS:>-3:1-HYDROSEED r-�-�-r- �`�r'.� . • -�'•' "� _- __ _ -_� •T�•F �'f-'s R--7 ZONING DESIGNATION _ Ex 2041F 2 EXISTING 1'CONTOUR <3:1>1:1-HAND PLACED ROCK WPRAP ON FILTER FABRIC s-.-. r31 ' -�- - .. ��O�B QED •' >1:1-GROUTED ROCK RIPRAP(OR I Lt` {Na FG-li(YR1 I _ EXISTING PAVEMENT F' 31, CONSTRUCTION WATER FOR THIS PROJECT VALE BE SUPPLIED BY CORTARO MARANA IRRIGATION DISTRICT h A,>w•I,±Lti1.1 A.:.,I� _ 32. WORK TO CONFORM TO STANDARDS FOR GRADING AND RELATED SITE WORK,TITLE 19 1 ■ N.P. HIGH POINT OR GRADE BREAK OF Rii IOWY:01 MARANA LAND D€VELOIrMENT COOP ® PROJECT LAYOUT 7 33. t r/ ter! r✓rrw T._ifs/mss a+yLyF scar,.ilk - SLCPF.INDICATOR ,T4 e7.c,'.s^..rJ-H:r ter.rn•�r..:!��f{A�fl .Cz Ae rv.7r Ir rry'n".+�++�f.%n�;`��A• �, SCALE 1"=150' mzm :N Aft-rrTl.'n�.+ r �°'"7f��lla-J..•✓.caN/s `" ;cArrA+.,•. �,.K.+S�•"e..+'r' SECTION CORNER ..rr rx'r=.sfle«e7+-r.'+^° :'cfFi rvlr.! -'-' -." QUARTER CORNER ')1,141 SHEET INDEX OWNER/DEVELOPER F REACCEPTL'D: EARTHIIORK I$ T 0 _ ACC E P D. J SHEET 1 COVER SHEET NICHOLAS HOMES �� i S�3 REV.1 SHEET 2-7 PLAN SHEETS +132,1oe cY cur CONTACT:BILL STOKES -'-- 78,945 CY FILL - SHEET 8 DETAIL - _._ __ W17RK:480 860-2500 DIRECTOR of PUBLIC WORKS/TOWN ENGINEER DATE _, DIRECTOR OF PUBLIC WORKS/TOWN ENGINEER DATE -19,7x3 CY COMPAC714 209 FILL MOBILE-6029 -899830 _~ couaAcnoN FAX:480 905-8998 e,1,4,�, 7010 E.COCHISE+33,427 CY CUT SCOTTSDAL&AZ 85253-1406 I CTO TOWN OF MARANA-33,427 CY +0.3'SUBSIDENCEPLANNING DIRECTOR,TOWN OF MARANA DATE -- "•"-- gEACCEPTANCF I ff+O CY TOTAL CUT/F1LL olvr CONSULTING ENGINE!RS,INC:,T ENGINEER FOR THE TOWN OF MARANA TETRA TECH CONSULTING ENGINEERS,INC. DATE _ CONTRACT ENGINEER FOR THE TOWN OF MARANA I DI CTOR OF Kl1F5UC WORKS TOWN FJJGINEEK t Ebeer na Plonn ng 5i`v ying ....-..r-.-._.. _.. ... _ - -• _ _. - �_..1 1� `ti 14 [ -.__ - . ng C6� TNG Pf NS L>-__ ,k nsE A 4s r�1 tN l9BDs4 BDDs a5oo anc The FARM FIELD.FIVE __-- �[ _ b," MARGI7 LnnUsecpe Arch lec[pre U,bg Uesg, �®!_ IIA/LB aff e=Dented n T.�son.Pneenn - --- -- -._ _ - - -. Lee Vege p"4 VrcLw Vdley,Ce LENS.1 THRU.2g4„L�ND. -,,- __ h444 Cost Broadway r��+ � �F�'L��•1 - -� �- •---- "�- ..... GTOU Tucson ,j,o (520)661-7460 COr,MOK-ARF �, ]I]E]I3 �-w'-- A pnad BI" JC yfy o1 SI,Mr 1!M •-....... _..__.. [e.hnm. __ Ch�c�vo P• Iii: A V� x Amended ENG FIL Page 33O. �of89�� EXHIBIT A .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C2 Meeting Date: 02/06/2018 To: Mayor and Council From: Vickie Hathaway, Communications Manager Date: February 6, 2018 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Principle Statement 2: We will approach citizen engagement in unique and creative ways: Provide exceptional community events that create opportunities for citizen engagement. Subject: Resolution No. 2018-010: Relating to Special Events; renaming the Marana Cotton Festival as the Marana Farm Festival (Vickie Hathaway) Discussion: The proposed resolution will rename one of the Town's Signature Events, the Marana Cotton Festival, as the Marana Farm Festival. The Marana Farm Festival name will more accurately and inclusively describe the event as a showcase of the Marana quality of life and its farming and ranching roots. The Event features: - Farm location- Marana Heritage River Park/Farm - Mutton bustin' - Rodeo demonstrations by the University of Arizona Rodeo Club - Kids' rodeo competitions and games - RV Boondocking - Live harvest demonstration - Petting zoos - Live animal demonstrations by 4H and FFA Financial Impact: N/A Amended Marana Regular Council Meeting 02/06/2018 Page 34 of 89 Staff Recommendation: Staff recommends changing the name of the Town's fall Signature Event to the Marana Farm Festival. Suggested Motion: I move to adopt Resolution No. 2018-010, renaming the Marana Cotton Festival as the Marana Farm Festival. Attachments Resolution No. 2018-010 Amended Marana Regular Council Meeting 02/06/2018 Page 35 of 89 MARANA RESOLUTION NO,2018-010 RELATING TO SPECIAL EVENTS; RENAMING THE MARANA COTTON FESTIVAL AS THE MARANA FARM FESTIVAL WHEREAS the Town of Marana is dedicated to providing exceptional community events that create opportunities for citizen engagement as directed by the Community focus area of the Strategic Plan;and WHEREAS on January 20, 2015, the Town Council adopted Resolution No. 2015-006 approving the Town of Marana Signature Event Series, consisting of the Star Spangled Spectacular in July, the Marana Cotton Festival in the Fall, and the Marana Holiday Festival&Christmas Tree Lighting in December; and WHEREAS on November 15, 2016, the Town Council adopted Resolution No. 2016-122 adding the Marana Founders' Day event in March to the Signature Event Series; and WHEREAS renaming the Marana Cotton Festival as the Marana Farm Festival will more accurately describe the event as a showcase of the Marana quality of life and its farming and ranching roots; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Marana Cotton Festival is hereby renamed as the Marana Farm Festival. 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 this resolution. 00055720.DOCX/1 Marana Resolution No.2018-010 - 1 - Amended Marana Regular Council Meeting 02/06/2018 Page 36 of 89 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of February,2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00055720.DOCX/1 Marana Resolution No.2018-010 -2 - Amended 2 - Amended Marana Regular Council Meeting 02/06/2018 Page 37 of 89 .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C3 Meeting Date: 02/06/2018 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: February 6, 2018 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2018-011: Relating to Public Works; authorizing Town staff and representatives to acquire lands and property rights needed for Adonis Road Extension, Grier Road to Tangerine Road, Town of Marana Project No. ST059, by negotiation or condemnation (Frank Cassidy) Discussion: If approved, this resolution authorizes Town staff to acquire right-of-way for the Adonis Road Extension project by negotiation or condemnation. Offers will be made to affected property owners based on independent fee appraisals. This resolution will authorize Town staff to sign and close Adonis Road Extension right-of-way purchases at appraised value and to file Adonis Road Extension right-of-way condemnation actions without further Council action. Additional Council authorization will be required for Adonis Road Extension right-of-way purchases and condemnation settlements that exceed appraised value. A single-page overview map of the Adonis Road alignment is included in the agenda materials. It is page 3 of the 11-page set of right-of-way plans referenced in the resolution. Financial Impact: Fiscal Year: 2018 Budgeted Y/N: Y Amount: $300,000 Amended Marana Regular Council Meeting 02/06/2018 Page 38 of 89 Costs associated with this item are budgeted for fiscal year 2017-2018. However, depending on the ultimate acquisition costs and timing, a supplemental funding plan may be required. Staff Recommendation: Staff recommends adoption of Resolution No. 2018-011, authorizing Town staff and representatives to acquire lands and property rights needed for the Adonis Road Extension project by negotiation or condemnation. Suggested Motion: I move to adopt Resolution No. 2018-011, authorizing Town staff and representatives to acquire lands and property rights needed for the Adonis Road Extension project by negotiation or condemnation. Attachments Resolution No. 2018-011 Overview map Amended Marana Regular Council Meeting 02/06/2018 Page 39 of 89 MARANA RESOLUTION NO,2018-011 RELATING TO PUBLIC WORKS; AUTHORIZING TOWN STAFF AND REPRESENTATIVES TO ACQUIRE LANDS AND PROPERTY RIGHTS NEEDED FOR ADONIS ROAD EXTENSION, GRIER ROAD TO TANGERINE ROAD, TOWN OF MARANA PROJECT NO. ST059, BY NEGOTIATION OR CONDEMNATION WHEREAS the Town of Marana is constructing the Adonis Road Extension, Grier Road to Tangerine Road, Town of Marana Project No. ST059, (the "Adonis Road Extension Project"); and WHEREAS the Town of Marana needs to acquire certain rights-of-way, easements and other property rights to construct the improvements needed for the Adonis Road Extension Project, (all of which interests in real estate are collectively referred to as the "Needed Property"); and WHEREAS the right-of-way plans for the Adonis Road Extension Project are sufficiently finalized for the Needed Property to be specifically identified on a parcel by parcel basis;and WHEREAS the Mayor and Council of the Town of Marana find that the acquisition or condemnation of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The particular rights-of-way, easements, and other property rights that constitute the "Needed Property" are those set forth on the right-of-way plans prepared by Dibble Engineering the current (90%) version of which consists of 11 pages (labeled G1-3 and RW 1-8). Section 2. Town staff and representatives are hereby authorized and directed to negotiate the Town's acquisition of the Needed Property for its fair market value as determined based on an independent fee appraisal. Section 3. The Town Manager, Town Engineer, and Town staff and representatives are hereby authorized to execute on the Town's behalf any and all documents necessary to acquire the Needed Property for its fair market value as determined based on an independent fee appraisal. Section 4. If Town staff and representatives are unable to acquire the Needed Property by negotiation, the Town Attorney is hereby authorized and directed to bring FC1484.DOCX/1 Marana Resolution No.2018-011 - 1 - 1/24/2018 7:56 PM Amended Marana Regular Council Meeting 02/06/2018 Page 40 of 89 one or more actions under the power of eminent domain to acquire the Needed Property for just compensation as determined by the Court or jury. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of February, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney FC1484.DOCX/1 Marana Resolution No.2018-011 -2 - 1/24/2018 7:56 PM Amended Marana Regular Council Meeting 02/06/2018 Page 41 of 89 1/4 COR 1/4 COR 22 23 D GRIER RD N89-1 8'25"E 2436.91' 23 24 N89°33'44"E 2643.48' N89'33'06"E 2643.82' 24 19 PARCEL INFORMATION E;o �oo 27 26 26 25 1652.75 25 30 Qj PARCEL 217-31-097A 0 0 0 0 1 #65 2 #13 #190 #67 #79 STATE OF ARIZONA Lo #10 ��r-7- Lq #N/A I-`_H L_ #57,, #83 a R/W#01 \ Q PARCEL 217-34-0010 ADONIS MOBILE HOME TMR INVESTORS LLC SUBDIVISION(7 153)-j LLLJJJY ° R/W#02 J DKT 12586,PG 6077 BK 24,PG 40 \I� co a A3 PARCEL 217-34-002L rn PETER W DOERKEN I "'��jjjjJJ111JJJJ a. � R/W#03 / oor DKT 9607,PG 1905 / N/' 4 PARCEL 217-33-002L w TANGERINE PBS LLC CAP 5 3 SEQ#20171990434 LICENSE / fn a vai vai 13X A PARCEL 217-33-002G Y Y Y LA MIRAGE ESTATES o o N TANGERINE PBS LLC (1-507) o o N o SEQ#20171990434 0 w BK 52,PG 82 z 4 a s o � SEQ 120172050674 �z � � PARCEL 217-33-002H N¢W o A __ 1624.76' \_ 1019.85' STEWART TITLE&TRUST TR 3564 CAP R/W#106 N89'32'39"E 2644.61' DKT 10814,PG 781 a LICENSE - R/W R/W#04/ CALCULATED CENTER STEWART &O 13Y TRUST TR 3564 - #10C ` No I 6 / cnOF SECTION DKT 10814,PG 781 I ° 8 PARCEL 217-33-0060 0 N89-32'17"E 2644.98' N89-32'17"E 2645.00' STEWART TITLE&TRUST TR 3564 DKT 10814,PG 781 CAP R/W#1 OA -- -- -- -- #75 A PARCEL 24,PG 81 w LICENSE 1/4 COR #54 F STEWART TITLE&TRUST TR 3564 w 13Z13 0o R/W#05 w w DKT 10814,PG 781 10 PARCEL 217-55-011A w - N89-23'1 6"E _ EiSJ - ° _ = a _ MANDARINA LLC >_ CENTRAL 1321.58' o n n w w DKT 13752,PG 852 _of z z 11 PARCEL 218-49-0018 #120 ARIZONA R/W#11B o ro < < MANDARINA LLC PROJECT N N I DKT 13752,PG 852 (CAP) 14 ° 12 PARCEL 218-49-002A 20'ELEC _LN89'31'52"E 2645.89' ESMT R/W#11A _- _- -- MANDARINA LLC a R/W 126 1322.94' M m DKT 13752,PG 852 N89°2_2'25"E / #_ N �o v� a N 13 PARCEL 218-49-003A 1321.18' Q o a n o TANGERINE INVESTMENT PARTNERS LLC 15 z o R/W#06 �o � DKT 13837,PG 2402 a R/W#12A - Q °z 14 PARCEL 218-49-0040 > a TANGERINE INVESTMENT PARTNERS LLC w ENLARGED CENTRAL ARIZONA PROJECT EASEMENT LICENSES o 9 a DKr 13837,PG 2402 1 =200 NO a A8 AQUISITION z 15 PARCEL 218-49-0078 a TANGERINE INVESTMENT PARTNERS LLC 1/4 COR 1/4 COR DKT 13837,PG 2402 MONUMENT TABLE AND DESCRIPTION 26 25 405.71' 25 30 N89'37'52"E 2522.13' 35 36 N89'31'27"E 2646.79' N89'31'09"E 2646.30' 36 31 MONUMENT# NORTHING EASTING DESCRIPTION \ \ #47 #168 #170 PRELIMINARY #34 10 29411.52 21081.04 FIND FOR 3 1/4"CAP W/PUNCH T11S,R11E,S22,S23,S27,S26 2010 LS31034"0.90'BGL CONSTRUCTION 13 29475.57 26376.02 FIND 3"BRASS CAP"TOM RLS18547"W/PUNCH 0.70'AGL �j�\\ OR RECORDING o 34 24195.46 26415.06 FIND 3 1/4"ACP"T11S,R11E,S26,S25,S35,S36,PSOMAS 200 N 6,RLS18557" 10 o o? 47 24217.44 29061.76 FIND LCP W/"X"MK 0.80'BGL R/W#07 N N o .• s' 54 26835.57 26395.70 FIND 2"ACP"RLS29873 E1/4 S26"W/PUNCH 1.00'BGL 10 � n N 57 29443.55 23728.63 FIND 2"ACP"N 1/4 RLS29873 S26"W/PUNCH 0.40'BGL \\ a N r N�w N o y r e'a 61 29439.55 23398.11 FIND 1/2"REBAR"RLS18547"0.80'BGL \ o o F o Z6 cA 65 29446.10 23939.30 FIND 1/2"REBAR"RLS18547"0.30'BGL 11 a^4WF 67 29495.76 29019.43 FIND ACP"24,25 1/4"AND TAG"USER RLS 46628" CALCULATED CENTER 75 26878.20 31685.51 FIND LCP"1/4" R/W#06 #166 #164 OF SECTION c 1/4 COR 79 29516.45 31663.17 FIND LCP"24,19,25,30"W PUNCH H N89°28'07"E 2644.57' N89'26'40"E N89'26'40"E 83 28690.88 26120.37 FIND 1/2"REBAR"RLS13019"FLUSH W GROUND 1918.45 203.07' -- 1323.17' / / 1/ COR n rn Q c1 #147 CALCULATED CENTER \ a #1o5 Mlo 13 rn SEE ENLARGED 105 21599.72 31729.28 FIND 1/2"REBAR,NO TAG = OF SECTION \ o DETAIL,THIS SHEET O Ln W 120 20290.84 32946.54 FIND ACP"S/S RLS7599" 10 N R/W#09 O \ R/W#10 N ~ 0 124 19501.47 32620.79 FIND 5/8"REBAR°MMLA RLS18577"0.80'BGL � w R/W#10C - uC)\ R/W#10A <7, (n + 126 19347.82 32492.77 FIND MAG NAIL W/WASHER"MMLA RLS18557"IN CONCRETE FOOTER OF FENCE POST a Q#120 Z (.0131 18955.69 31762.36 FIND 2 1/2"ACP"PSOMAS T11S,R11E,S36,S31,S1,S6,T12S,R12E,RLS18557,2-12"1.20'BGL 12 N U W <N \ z -- -- R/W :2pQ 139 18930.68 29116.13 FIND 3 1/2"ACP"2010 1/4 T11S,R11E,S36,S1 LS31591" #116 l ; MARANA AZ ESTABLISHED 1 9 7 7 Council-Regular Meeting C4 Meeting Date: 02/06/2018 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: February 6, 2018 Subject: Approval of the January 11, 2018 Special Joint Study Session Meeting Minutes,January 16, 2018 Regular Council Meeting Minutes, and February 1, 2018 Special Council Meeting Minutes (Jocelyn C. Bronson) Attachments Draft January 11, 2018 Special Joint Study Session Meeting Minutes Draft January 16, 2018 Regular Council Meeting Minutes Draft February 1, 2018 Special Council Meeting Minutes Amended Marana Regular Council Meeting 02/06/2018 Page 43 of 89 MARANA E5TABL1514ED 1477 MARANA TOWN COUNCIL JANUARY 11, 2018 HILTON EL CONQUISTADOR RESORT 10000 N. ORACLE ROAD JOSHUA TREE ROOM SPECIAL JOINT STUDY SESSION WITH THE ORO VALLEY TOWN COUNCIL 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 MINUTES CALL TO ORDER AND ROLL CALL: Oro Valley Mayor Hiremath called the meeting to order at 12:01 p.m. Oro Valley Deputy Town Clerk Michelle Stine called roll for the Oro Valley Town Council. All Oro Valley Town Council Members were present. Marana Deputy Clerk Hilary Hiser called roll for the Marana Town Council. Marana Council Members Comerford and McGorray were absent. There was a quorum present. PLEDGE OF ALLEGIANCE: Led by Oro Valley Mayor Hiremath. APPROVAL OF AGENDA: Motion to approve the agenda by Oro Valley Mayor Hiremath, with a second provided by Oro Valley Council Member Snider. Passed unanimously by all council members. 1 01/11/2018 Special Joint Study Session Minutes Amended Marana Regular Council Meeting 02/06/2018 Page 44 of 89 WELCOME/LUNCH: Oro Valley Mayor Hiremath removed this item from the agenda at 11:34 a.m. allowing council members and presenters an opportunity to eat before the start of the official meeting. DISCUSSION: 1. Introductions: Mayor Hiremath and Mayor Honea both spoke about the great relationship between the Marana and Oro Valley communities referencing their "sister city" status. Both communities' share a great many things in common such as strengthens, long-term goals, and resources. Each mayor emphasized the strong relationship as not only mutually beneficial, but also complementary to each town's own success. They each commented on the need to maintain an open dialogue between the communities from the elected officials down to department staff. Mayor Hiremath and Mayor Honea agreed that by working together Oro Valley and Marana could provide numerous opportunities for residents and strengthen the northwest region as a whole. Mayor Hiremath asked all staff attendees to introduce themselves before moving on to the presentations. 2. Presentation, update and discussion regarding the Tangerine Road and La Cholla Blvd. projects: Presented by Marana Town Engineer Keith Brann and Oro Valley Development and Public Works Director Paul Keesler. Mr. Brann presented the council members an update regarding the status of the Tangerine Road project Phase I Dove Mountain to La Canada Drive. The Town of Marana is the lead agency on this multi jurisdictional project. Mr. Brann reported that phase one is nearing competition with the Marana section of the four lane road open and the Oro Valley segment of the road 60 percent complete. He expects the Oro Valley segment to be finished in early fall of 2018. Mr. Brann highlighted some of the project's additional enhancements, e.g. public art feature, additional path and site grading for future park amenities, and added conduit for future fiber optic cable up-grades. He also praised the team effort between the jurisdictions, designers, and contractors working to ensure the success of the project. Oro Valley Council Member Rodman complimented the efficiency of the project and its overall project management during construction. Oro Valley Council Member Hornat asked what plans were in place for the inclusion of fiber optic. Mr. Brann responded that it was part of future planning for the road, but there were no deals currently in place. Oro Valley Council Member Solomon asked what the eventual speed limit from I-10 to Dove Mountain would be, as Tangerine is Oro Valley's main connection to I-10. Mr. Brann indicated that until development in that area changed it would remain at 50 miles per hour. 2 01/11/2018 Special Joint Study Session Minutes Amended Marana Regular Council Meeting 02/06/2018 Page 45 of 89 Oro Valley Mayor Hiremath asked Mr. Brann what precautions were taken to adequately address/protect wildlife and the native environment along the road. Mr. Brann explained that during the design phase, the project manager worked closely with various environmental groups to ensure adequate protection of wildlife. The result of that collaboration includes the addition of wildlife corridors and specially designed culverts and bridge accommodations for major and minor wildlife crossings. Mr. Keesler presented the council members a status update regarding the La Cholla Boulevard project because the Town of Oro Valley is the lead agency on this multi- jurisdictional project. Mr. Keesler reported that the Pima County portion was completed in 2014 with 1.7 miles of road redone including the construction of a bridge over the Canada del Oro wash. Mr. Keesler indicated that during the construction of Phase I, Phase II was under design to ensure faster movement on the project. He reminded the council members that the project's goal is to create a road that will increase traffic capacity across the northwest region. Phase II is Overton Road to Tangerine Road and includes 3.5 miles of roadway. The design includes four lanes, with curbed medians, turn lanes, and mixed use paths and sidewalks. Also, the design includes the installation of singles at Lambert, Naranja, and Glover with a final tie into the Tangerine Road project. Just like Tangerine Road,the La Cholla Road design accommodates for wildlife and include s native landscaping. Mr. Keesler indicated construction is scheduled to start during the summer of 2018. He expects the project will last approximately two years as the section is particularly hilly. Several Oro Valley council members asked about the status of Thornydale Road and if it too is scheduled for improvements through the RTA. Mr. Keesler and Mr. Brann indicated that currently that road is not part of a designated RTA funding package. They also explained that due to Thornydale Road's overall disrepair, it would require a complete redo to adequately address the traffic needs of the region. 3. Presentation, update and discussion regarding possible economic development and tourism opportunities between the towns of Oro Valley and Marana: Presented by Marana Economic Development Director Curt Woody and Oro Valley Assistant Town Manager Chris Cornelison. Both Mr. Woody and Mr. Cornelison highlighted each community's unique strengthens and shared similarities. They briefly reminded the Councils of successful partnerships, such as the Hike between to Ranges, as examples of collaborative recreational ventures that benefit residents and strengthen tourism. Also, Mr. Woody and Mr. Cornelison emphasized the need to identify future economic development partnership opportunities to help strengthen the northwest region. 3 01/11/2018 Special Joint Study Session Minutes Amended Marana Regular Council Meeting 02/06/2018 Page 46 of 89 Several Oro Valley council members expressed support for developing supplementary literature that encourages tourism in the northwest region particularly highlighting regional attractions. Several council members suggested the creation of a fine dining brochure and possible smartphone app listing regional eating establishments as avenues for economic development partnerships. 4. Discussion of current and upcoming legislative issues: Presented by Marana Assistant to the Town Manager Tony Hunter and Oro Valley Assistant Town Manager Chris Cornelison. Mr. Hunter and Mr. Cornelison reported to the council members that the 2018 legislative session has started. Each town is working with the League of Cities and Towns to actively monitor bills that would adversely impact municipal revenue sources,such as construction sales tax, transaction privilege tax, community facilities districts, and HURF funding. Mayor Hiremath thanked the presenters and asked each town manager for additional comments. Marana Interim Town Manager Jamhseed Mehta stated the joint meeting format is a very constructive format to help identify new partnership opportunities, and strengthen current partnerships between the towns. Oro Valley Town Manager Mary Jacobs agreed it is important to foster partnership opportunities between each town. She asked the Councils for suggestions regarding specific projects Marana and Oro Valley should partner on and how often the towns should hold a joint meeting. After various discussions, the Councils suggested town staff on both sides move forward with creating new tourism materials that showcase recreation and dining establishments in both communities. The Councils also asked staff to consider annual joint meetings to discuss shared concerns and visions for growth between each community. ADJOURNMENT: Oro Valley Vice Mayor Waters motioned to adjourn with a second provided by Marana Council Member Bowen. Passed unanimously. Meeting adjourned at 1:52 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes for the Special Joint Study Session of the Marana Town Council meeting held on January 11, 2018. I further certify that a quorum was present. Hilary H. Hiser, Deputy Town Clerk 4 01/11/2018 Special Joint Study Session Minutes Amended Marana Regular Council Meeting 02/06/2018 Page 47 of 89 MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 16, 2018, 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 Member Kai participated telephonically. Council Members Comerford 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 5-0. CALL TO THE PUBLIC. No speaker cards related to items of general interest were presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. No reports. January 16,2018 Regular Council Meeting Minutes 1 Amended Marana Regular Council Meeting 02/06/2018 Page 48 of 89 MANAGER'S REPORT:SUMMARY OF CURRENT EVENTS. Mr. Mehta introduced Jason Angell, the new director of Development Services who joined the town on January 8, 2018. He noted that the Planning department and the Building department have been consolidated as Development Services. PRESENTATIONS CONSENT AGENDA. Motion to approve by Vice Mayor Post, second by Council Member Ziegler. Passed 5-0. C1 Resolution No.2018-001: Relating to Development;approving a preliminary plat for Saguaro Bloom Block 2 Lots 1-170, Amenity Building Site, Common Area A and Common Area B located at approximately the northwest corner of Twin Peaks Road and Saguaro Highlands Drive (Steven E.Vasquez) C2 Resolution No. 2018-002: Relating to Development; approving the Final Plat for Fianchetto Farms, a Re-plat of Lots 83 and 84 and Common Area "C" located north of Moore Road and east of Sanders Road (Brian D. Varney) C3 Resolution No. 2018-003: Relating to Municipal Court; approving the reappointment of Kenneth Bowman, Michael Aaron, Maria Davila, Alfred McDonald, and Ronald Newman as magistrates pro tempore for the Marana Municipal Court (Laine Sklar) C4 Approval of Regular Council Meeting Minutes from December 19, 2017 and approval of Study Session Meeting Minutes from January 9, 2018 (Jocelyn C. Bronson) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Jonas Wes Hunter on behalf of Southern Arizona Arts and Cultural Alliance for Sweet Charity to be held on January 30, 2018. Ms. Bronson noted that staff reviewed the application and is recommending approval. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed 5-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2018.001: Relating to Development; approving an amendment to the Saguaro Springs Specific Plan including removing the age restriction requirement in Blocks 1A and 1B, replacing the community center in Block 1A with enhanced recreational facilities and a name change of the plan to Saguaro Bloom Specific Plan (Cynthia Ross). Mayor Honea opened the public hearing. January 16,2018 Regular Council Meeting Minutes 2 Amended Marana Regular Council Meeting 02/06/2018 Page 49 of 89 Presented by Ms. Ross and then Linda Morales from The Planning Center. Ms. Morales is representing D.R. Horton. Ms. Ross noted that Block 1 is generally located near the southeast corner of Airline Road and Lambert Lane in the northeast corner of the Saguaro Springs specific plan. The applicant is requesting removal of the age restriction on Blocks 1A and 1B which were originally contemplated as an age-restricted community to include duplex and triplex homes with 700 units. DR Horton proposes to build 389 single family residential units with a RAC of 4.32. The applicant is also requesting replacement of the community center in Block 1A with enhanced recreational facilities to better serve an all ages type of community. She also described minor changes. In place of a community center, the applicant would develop a large park which would include many of the amenities planned for the age-restricted community. This larger part is in addition to two other smaller parks,all connected by a neighborhood trail. An additional trail will be built to the north, adjacent to Lambert Lane to provide pedestrian connectivity to the planned community center in Block 2A with a landscaped buffer between the trail on Lambert Lane and the road. In addition, 22 lots on and near Lambert Lane will be restricted to single story homes. Staff has been contacted by neighbors north of Lambert Lane, the Happy Acres neighborhood. The concerns include increased traffic that would occur with a family- oriented community. Staff has received 13 letters of protest, included in the Council packet. Staff is recommending adoption of this ordinance, approving an amendment to the Saguaro Springs specific plan subject to the conditions outlined in the ordinance. Linda Morales highlighted some of the points in the applicant's request to provide clarification. There is a portion of the parcel that is currently age-restricted on the east side, and those are for sale. She detailed some of the proposed amenities. Per the request of the Planning Commission, the number of single story homes along Lambert Lane were increased to 22. The Commission also requested, for purposes of connecting to the rest of the Saguaro Bloom community, that a neighborhood trail be built. That is contingent upon working with the utilities and Pima County, who controls that right of way. Regarding the right of way, this development triggers improvements to Lambert Lane and Airline Road. Improvements to Lambert include a center turn lane at the two access points into the community. Airline Road does not have a center line but it will be improved up to Avra Valley Road.There will be a separate walking path connecting Al and A2. She further elaborated on conversations she has had with traffic engineers regarding the traffic control issues - by both cars and school buses - raised due to this development not being age-restricted. Travis Bott, a resident on Maybrook Avenue, raised his concerns about the traffic and the lights coming into his house from oncoming cars at all times of the night. He presented photos to illustrate these concerns. Mayor Honea, being familiar with the area, said that if this becomes an issue, there are ways to mitigate his concerns such as landscaping and perhaps walls. Mr. Bott also mentioned that there had been discussion about putting a turn lane onto Maybrook at Avra Valley Road. January 16,2018 Regular Council Meeting Minutes 3 Amended Marana Regular Council Meeting 02/06/2018 Page 50 of 89 Mark Bott, a resident on Lambert Lane directly across from the development,raised his concerns. He would like the age-restricted development to remain, mostly due to the additional traffic from cars and buses generated in a family environment community. Even though he understands that Maybrook is in the County, he has significant concerns about the traffic on that road because it is a convenient thoroughfare from the Saguaro Bloom development. He would also like all single story homes due to the variations in height from two-story homes. He would also like the vegetation planned for the eastern direction to also be extended to the west to Airline Road. John Powell, also a resident on Lambert Lane, stated that he purchased his property with the understanding that the property would be developed as an age-restricted community, low-impact with single story homes and less traffic being generated. He has been in the real estate business for 30 years, and sales are not slow for age-restricted communities, which may or may not be the case with D.R. Horton. Mayor Honea gave some statistical information on the amount of trips generated daily by both age- restricted and family communities. There being no further speakers, Mayor Honea closed the public hearing. Motion by Council Member Ziegler, second by Vice Mayor Post. Approved 5-0. A2 PUBLIC HEARING: Ordinance No. 2018.002: Relating to wireless communication facilities; adopting comprehensive revisions to the Town's wireless communication facilities regulations; revising Marana Town Code Title 12 (Traffic and Highways) by adding a new Chapter 12-8 (Wireless communication facilities in the right-of-way); comprehensively rewriting and replacing the wireless communication facilities regulations currently found in Marana Land Development Code Title 23 (Wireless communication facilities) with new Chapter 17-18 (Wireless communication facilities)in Title 17 (Land Development) of the Marana Town Code; and designating an effective date (Frank Cassidy) Resolution No.2018-004: Relating to wireless communication facilities;declaring as a public record filed with the Town Clerk the comprehensive revisions to the Town's wireless communication facilities regulations adopted by Marana Ordinance No. 2018.002; revising Marana Town Code Title 12 (Traffic and Highways) by adding a new Chapter 12-8 (Wireless communication facilities in the right-of-way); and comprehensively rewriting and replacing the wireless communication facilities regulations currently found in Marana Land Development Code Title 23 (Wireless communication facilities)with new Chapter 17-18 (Wireless communication facilities)in Title 17 (Land Development) of the Marana Town Code (Frank Cassidy) Mayor Honea opened the public hearing, and Mr. Cassidy presented, noting that he brought this item to Council on October 10, 2017. Much of the right-of-way information was taken from the City of Chandler's code. He gave a brief overview, stating that currently, the only wireless regulations are in the Land Development Code, Title 23, January 16,2018 Regular Council Meeting Minutes 4 Amended Marana Regular Council Meeting 02/06/2018 Page 51 of 89 which was last revised 20 years ago. Since then, new municipal best practices and federal regulations have been introduced. The state legislature has taken away quite a bit of authority from municipalities to regulate small wireless facilities within the right- of-way (ROW). Under the state legislation, there are a lot of uses within the ROW that are not subject to zoning review. Generally, those are really small facilities or small co- locations on poles. There are some that are still subject to review in the ROW,and those are big monopoles and major modifications. There are, also under the state law, what we call shot clocks which means have a certain period of time, usually 90 days, to review co-locations under federal law and under state law and approve or reject them, if there is a reason to reject them. Other things more substantial, such as applications, are 150 days. Under the new state law, even if we have a right to zoning review, if we deny them, we have to explain our reasons for denial pretty clearly. Under the new state law, cities and towns must establish and make available terms that are consistent with the new law by February 9, 2018 for the placement of facilities in the ROW. Ours are being adopted tonight and will be in place by February 16th. Those are now found in chapter 12-8 of the Town Code under the ROW provisions. The zoning code is still in the Land Development Code, both of which are before Council tonight. There are a couple of federal laws that have come into play. One is the shot clock with a 90-day review limit for co-locations, and the other is a 150-day review limit for new towers and everything else. If the feds weigh in on something, it usually takes precedence over state and local rules.He briefly described Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, which essentially says that local governments cannot deny certain minor modifications to existing facilities. What we are doing with in what used to be Title 23 of the Land Development Code is to expressly allow wireless facilities in the ROW. We are moving that into Title 17-18 of the Town Code. Also, our new ordinance has fees mentioned, but so far the only fee mentioned in our comprehensive fee schedule are ROW application fees and things having to do with getting a ROW permit. We don't have any annual fee yet for the use of ROW. However, $50 per year is the state law maximum the town can charge for the small facilities. You can charge market rates for the larger facilities, but you have to be able to prove up your costs for doing that. It appears that the FCC is pushing toward having these facilities in the ROW. Some of the things that the new Land Development Code provisions do are to (1) expressly allow wireless facilities in the ROW; (2) allow to issue wireless facilities permits for co-location on existing base stations outside the ROW; add a co-location on a tower outside the ROW; or co-location on an eligible support structure or utility pole in the ROW that is not exempt from zoning by Arizona law, (3) adds a new section - 6409(a) relative to permits issued by the Planning Director; (4) deletes requirements for a provider to prove business justification for a new facility or site; (5) allows the Planning Commission to make the final decision on conditional use permits for wireless communication facilities with appeal to the Council; and (6) it significantly regulates and discourages new wireless facilities in residential areas, although it doesn't prohibit them. In response to a question from Mayor Honea on co- January 16,2018 Regular Council Meeting Minutes 5 Amended Marana Regular Council Meeting 02/06/2018 Page 52 of 89 location, Mr. Cassidy indicated that there is no way for the town to prohibit co-location. Council Member Kai asked if there was a height restriction or would new facilities match up to existing poles in the ROW. Mr. Cassidy noted that the restriction is to the height limit of the nearest zone. However, the co-location rules say that when there is a co-location, they get an automatic additional 20 feet or so. Generally, they will be the height of the zone, though. Council Member Ziegler stated that HB 2365 reads very ambiguously; it sounds like we don't have a lot of choice. How do we mitigate this? Mr. Cassidy stated that the position we took was that if the state law gave us the ability to weigh in on zoning, our ordinance took that. There is some leeway. Mayor Honea asked for speakers from the audience. There being none, he closed the public hearing. Motion to approve Ordinance No. 2018.002 and Resolution No. 2018-004 by Council Member Bowen, second by Vice Mayor Post. Passed 5-0. A3 PUBLIC HEARING: Resolution No. 2018-005: Relating to Development; approving a conditional use permit to allow the development of a new 50 foot high small cell wireless facility at 3964 W. Ina Road in the Town of Marana public right-of- way, approximately 1,000 feet west of Thornydale Road on the north side of Ina Road (Cynthia Ross). Ms. Ross noted that this is a public hearing and presented, describing the location of the proposed facility and the recent legislation allowing for small cell towers in the public right-of-way (ROW). This particular conditional use permit is moving forward under the old Land Development Code language which is why we are going through this process. The applicant, Mobilitie, is proposing a 50-foot high steel pole with omni antennae, remote radio head, microwave and adjacent pedestal.Because the current code does not contain setback or height restrictions for facilities in the ROW, staff proposes a setback of two feet from the property line, and the height not to exceed the maximum building height of the abutting zoning district, which in this case is Village Commercial which is 50 feet. The facility meets both the setback and height standards. A letter of opposition to this project has been received by the owner of the parcel, west of the site, whose tenants include Pet Club and Brooklyn Bedding. The author was unable to attend tonight's meeting but asked that his letter be read into the public record. Mayor Honea stated that most of the Council has read the letter which was included in the packet. He asked if the pole blocked any of the signages for the existing retail businesses. Ms. Ross indicated that the pole is a small diameter pole and does really block any signs. The gentleman who submitted the protest is west of that property and it's a good 100 feet or so from his sign.Staff recommends adoption. Motion to approve by Vice Mayor Post, second by Council Member Bowen. Passed 5-0. A4 PUBLIC HEARING: Resolution No. 2018-006: Relating to Development; approving a conditional use permit to allow the development of a new 45 foot, 11 inch January 16,2018 Regular Council Meeting Minutes 6 Amended Marana Regular Council Meeting 02/06/2018 Page 53 of 89 high small cell wireless facility at 7107 N. Camino Martin Road in the Town of Marana public right-of-way, approximately 180 feet north of Jeremy Place Road (Cynthia Ross) Ms. Ross noted that this is a public hearing. This is Mobilitie's second conditional use permit application, and it is for a 45-foot, 11-inch steel pole with omni antennae, remote radio control, microwave and adjacent 4-inch meter pedestal. It is in the public ROW approximately 180 feet north of Jeremy Place near Bedroxx Bowling. Staff is recommending a two-foot setback from any property line and the height not to exceed the nearest zoning district, which is Heavy Industrial. Heavy Industrial has a maximum building height of 55 feet, and this facility meets both the height and the setback standards. Staff has received a letter of objection from the owner of the parcel south of the site. The letter is in the Council packet, and the author also asked that it be read into the record. Mayor Honea indicated that Council has read the support material, which is part of the permanent record, and it is unnecessary to read it. Ms. Ross continued that it is staff's recommendation to approve this resolution subject to the named conditions. There being no public speakers, Mayor Honea closed the public Baring. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed 5-0. A5 Resolution No. 2018-007: Relating to Real Estate; approving and authorizing the Mayor to execute a Marana Regional Airport Lease Agreement with Maricopa Aircraft Service, Inc. for the lease of approximately two acres of Town-owned property at the Marana Regional Airport located at 11700 W. Avra Valley Road (Jane Fairall) Ms. Fairall noted that this is a new proposed lease agreement. Maricopa has been a tenant at the airport since the early 1990'8 when they entered into an agreement with Pima County, who owned the airport at that time. That agreement expired on its own terms September 30, 2017, and staff has been in the process of negotiating with Maricopa to enter into a new lease agreement. The proposed new lease will have a term retroactive to October 1, 2017, and will reduce the footprint of the lease from five acres to two acres. Staff also had an appraisal done for several parcels at the airport, including this one and are recommending an increase in rent to $.15 per square foot which is a little over $13,000 annually for this parcel based on that appraisal. Staff is recommending approval unless there are questions. Council Member Kai asked if the town could ask the tenant to tidy up their location to make it a little more presentable for aircraft landing in that area. Is there anything in our lease that we can require that? Ms. Fairall responded that we can and have in fact been working with this lessee for a period of time to clean up the property, and one of the reasons that we are going from a five-acre to a two-acre parcel is trying to contain that issue with the cleanup. We will continue to work with him on that. She continued that there are teeth in the lease that we can mandate that these things be done or we can terminate the lease. We can then go in and clean it up ourselves and charge him for the cost. The other provision that we have added is that if we approve and allow him to hold over beyond the two-year January 16,2018 Regular Council Meeting Minutes 7 Amended Marana Regular Council Meeting 02/06/2018 Page 54 of 89 period that the rent will be two times the lease amount. Staff continues to work with the lessee, and we negotiated in good faith, so we should try to honor it at this point and help him. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed 5-0. A6 Resolution No. 2018-008: Relating to Intergovernmental Relations; adopting a 2018 Town of Marana legislative program and authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue it (Tony Hunter) Mr. Hunter indicated that approval of this legislative agenda allows staff to pursue and defend the town's interests during the current legislative session.The slate of issues that we have summarized haven't changed since last year. Council Member Bowen asked if sales tax for online purchases is part of our slate. Mr. Hunter responded that that is one of our focuses, along with the Transaction Privilege Tax (TPT), which we are pursuing along with the League. Council Member Ziegler noted that there is a bill, possibly being pushed by Pima County, that doesn't require a change to a sales tax to be voted on to be approved by unanimous vote of the full body. She asked if that was something that TriAdvocates is looking at. Mr. Mehta interjected that specifically, staff has not heard of that, but it is something that we will monitor. There will be a lot of quick changes over the next couple of months of bills being presented and moving through different committees. He would like to give Council an update at least weekly and sooner if necessary. If it/they pertain to protecting the town's interest, those will be the ones we will ask our lobbyists to work on our behalf. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed 5-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta). Mr. Mehta stated that we will keep a list going of bills that have an impact on Marana, positive and negative. There are a few bills he wants to bring forward that could be of interest. The first one is the Governor's executive budget. We rely on Highway User Revenue Funds, which will be about the same in terms of its formula. There is approximately $99M that was previously swept and set aside for public safety and that continues to be the case. Nothing changes there. There is another bill that pertains to elections. For jurisdictions with nonpartisan elections, the bill would require the candidate to indicate his or her party affiliation up front, and it repeals the statute that allows cities and towns to determine election winners based on primary results so that both a primary and a general election must be held. Mr. Cassidy elaborated on how that would work with more candidates than there are open seats. It's his opinion that January 16,2018 Regular Council Meeting Minutes 8 Amended Marana Regular Council Meeting 02/06/2018 Page 55 of 89 this bill is not fully fleshed out at this time. Mr. Mehta continued that staff would keep Council apprised as or if the bill moves forward. Food truck licensing is another item to watch. Food trucks, by right, could set up on public property, including street parking, without a permit. In the last legislative session, there were changes that affected the way that protesting individuals within a certain distance of the affected property can legally protest. That could affect our rezoning cases. That may be resurfacing in some iteration, so we are also watching that. We will also keep a special eye on a municipal acquisitions bill. Last year this pertained to Marana as Pima County desired to acquire open space on private property, primarily for identifying wildlife corridors. The proposal that was eventually approved requires that the County work with the jurisdiction to have an intergovernmental agreement and not be able to acquire it straight away from the private party. There is some attempt to either repeal that or amend that again. There may be other interesting bills,but for right now, we will watch these. Vice Mayor Post said that he's interested in the Governor pushing DWR (Department of Water Resources) into battle with CAP (Central Arizona Project). He is interested in seeing where the town would fall in that (and the League). Council Member Kai echoed Vice Mayor Post's concern. The Governor's office is using DWR to oversee all of Arizona's Colorado River water, which basically steps on CAP's fingers all the time, and he thinks we need to have our lobbyists monitor this along with John Kmiec to keep us in the loop on that issue. Mr. Mehta stated he would keep track on this and any others that come forward. 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. 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). January 16,2018 Regular Council Meeting Minutes 9 Amended Marana Regular Council Meeting 02/06/2018 Page 56 of 89 ADJOURNMENT Motion to adjourn at 8:27 p.m. by Council Member Bowen, second by Council Member Ziegler. Passed 5-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 16, 2018. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk January 16,2018 Regular Council Meeting Minutes 10 Amended Marana Regular Council Meeting 02/06/2018 Page 57 of 89 'gille III& ----------iiiiiia 'MARANA ESTABLISHED 1977 MARANA TOWN COUNCIL SPECIAL COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 1, 2018, at or after 12:00 P.M. Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai,Council Member Carol McGorray, Council Member Roxanne Ziegler,Council Member SPECIAL COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 12:06 p.m. Town Clerk Bronson called roll. Council Member Kai was excused; there was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Mayor Honea. Passed 6-0. CALL TO THE PUBLIC. There were no speaker cards presented. PROCLAMATIONS. No action. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. No action. MANAGER'S REPORT:SUMMARY OF CURRENT EVENTS. No action. PRESENTATIONS. No action. CONSENT AGENDA. No action. February 1,2018 Special Council Meeting Minutes 1 Amended Marana Regular Council Meeting 02/06/2018 Page 58 of 89 LIQUOR LICENSES. No action. BOARDS, COMMISSIONS AND COMMITTEES. No action. COUNCIL ACTION Regarding item E2, motion by Vice Mayor Post, second by Council Member Ziegler to direct staff to prepare a contract for the town manager as discussed in executive session. Passed 5-0. (Council Member McGorray left the meeting at 1:33 p.m.). ITEMS FOR DISCUSSION/POSSIBLE ACTION. No action. EXECUTIVE SESSIONS. Motion to go into executive session at 12:07 p.m. on item E2 by Vice Mayor Post, second by Council Member Bowen. Passed 6-0. 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. X38-431.03 (A)(1) to discuss the employment of Interim Town Manager Jamsheed Mehta, including possible appointment as Town Manager. 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 1:58 p.m. by Council Member Comerford, second by Vice Mayor Post. Passed 5-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes for the Special Meeting of the Marana Town Council meeting held on February 1, 2018. I further certify that a quorum was present. Jocelyn C. Bronson Town Clerk February 1,2018 Special Council Meeting Minutes 2 Amended Marana Regular Council Meeting 02/06/2018 Page 59 of 89 MARANA AZ ESTABLISHED 1 9 7 7 Council-Regular Meeting B1 Meeting Date: 02/06/2018 To: Mayor and Council From: Jocelyn C. Bronson, Town Clerk Date: February 6, 2018 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: PRINCIPAL STATEMENT 2/ To evaluate and continuously improve the Marana Citizens' Forum and ensure Forum recommendations are implemented wherever possible. Subject: Relating to Boards, Commissions and Committee; selecting three potential topics for the Winter 2018 Marana Citizens' Forum (Jocelyn Bronson) Discussion: This item is to assist in choosing a topic for the Winter 2018 Marana Citizens' Forum. Potential topics include: 1. Get Out the Vote. 2018 is an election year for the Town of Marana. Candidates will by vying for four seats. This is an opportunity to create an outreach campaign that will lessen voter apathy and address the concept of "voter fatigue" by increasing voter turnout for local elections. 2. Citizen Engagement in Budget Management and Financial Transparency. Citizens do have a voice in the way the town's financial resources are budgeted for and managed. As Marana grows and develops more projects to enhance the community and the visibility of the town's many natural resources, citizen input is desirable. What tools can be used to engage citizens more fully in the budget process? 3. Civic Engagement in Volunteerism, Neighborhood Meetings, Public Forums, etc. What approaches could be used to encourage citizens to participate in town programs and events? What would be unique strategies or opportunities to connect with Amended Marana Regular Council Meeting 02/06/2018 Page 60 of 89 neighbors and neighborhoods to create a small town sense of community to a growing population? 4. Update to the General Plan. Every 10 years the town is required under Arizona law to re-adopt a General Plan or adopt a new General Plan. The General Plan is a comprehensive document that maps out zoning, planning and annexation for the current and future development of the town. How can we best solicit opinions from citizens on what types of development they want and where it should or could be located? 5. Parks & Recreation Healthy Citizens. Delegates would explore potential expansion and maintenance plans for current and future Marana trail systems as well as methods to engage citizens in increased use of these trails and other outdoor activity programs to foster a healthier and more active community. 6. Water Conservation Efforts. Explore developing an ongoing project using innovative methods of water conservation that can be incorporated into Marana Water service areas and consider how these programs or methods can be implemented and communicated effectively to the general public. At tonight's meeting, each Council Member will be asked to rate his or her top three choices with a 1, 2, or 3 in the box next to the topic. Votes will be tallied, and the top choices will be announced prior to the adjournment of the meeting and then will be presented to the Forum delegates at the February 15, 2018 Orientation meeting. The Forum delegates will decide on their top choice for deliberation after hearing brief presentations on each of the approved topics. Staff Recommendation: Council's pleasure. Suggested Motion: No motion is necessary. After tallying the Council Members' topic selections and reading them into the public record, staff will forward the top three selections to the Forum for the Winter 2018 session. Attachments Voting Matrix Winter 2018 Amended Marana Regular Council Meeting 02/06/2018 Page 61 of 89 Council, please select your top three preferences ( 1 ,2,3) for the Winter/Spring 2018 Marana Citizens' Forum Session Potential Topic Selection 1. Get Out the Vote: 2018 is an election year for the Town of Marana. Candidates will be vying for four seats/ This is an opportunity to create an outreach campaign that will lessen voter apathy and address the concept of "voter fatigue" by increasing voter turnout for local elections. 2. Citizen Engagement in Budget Management & Financial Transparency: Citizens do have a voice in the way the Town's financial resources are budgeted and managed. As Marana grows and develops more projects to enhance the community and the visibilityof the Town's many natural resources, citizen input is key. What tools can be used to engage citizens more fully in the budget process? 3. Civic Engagement in Volunteerism, Neighborhood Meetings, & Public Forums: What approaches can be used to encourage citizens to participate in Town programs and events? What would be unique strategies or opportunities to connect with neighbors and neighborhoods to create a small town sense of community to a growing population? 4. Update to the General Plan: Every 10 years the town is required under Arizona law to re-adopt a General Plan or adopt a new General Plan. The General Plan is a comprehensive document that maps out zoning, planning and annexation for the current and future development of the town. How can we best solicit opinions from citizens on what types of development they want and where it should or could be located? 5. Parks& Recreation Healthy Community: Delegates would explore potential expansion and maintenance plans for current and future Marana trail systems as well as methods to engage citizens in increased use of these trails and other outdoor activity programs to foster a healthier and more active community. 6. Water Conservation Efforts: Explore developing an ongoing project using innovative methods of water conservation that can be incorporated into Marana Water service areas and consider how these programs or methods can be implemented and communicated effectively to the general public. Amended Marana Regular Council Meeting 02/06/2018 Page 62 of 89 MARANA AZ ESTABLISHED 1 9 7 7 Council-Regular Meeting Al Meeting Date: 02/06/2018 To: Mayor and Council From: Libby Shelton, Senior Assistant Town Attorney Date: February 6, 2018 Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2018.003: Relating to Health and Sanitation; amending Marana Town Code Title 10 (Health and Sanitation); Chapter 10-2 (Maintenance of Property); revising Section 10-2-1 (Definitions) to expand the definition of "Refuse"; and designating an effective date (Libby Shelton) Discussion: A.R.S. section 9-499 and Chapter 10-2 of the Marana Town Code give authority for Town officials to compel an owner, lessee, tenant, resident, or occupant of a property to remove refuse when it is in violation of town code. A property is in violation of town code when there is an accumulation of refuse that constitutes a hazard to public health and safety. The proposed ordinance would broaden the definition of refuse to specifically include: discarded or scrapped parts of furniture, inoperable or abandoned equipment or appliances, cabinetry, household fixtures, construction material, and mechanical parts. In addition, the definition would prohibit any deposit, accumulation, pile or heap of metal and discarded or empty containers. Staff Recommendation: Staff recommends adoption of Ordinance No. 2018.003 revising Section 10-2-1 (Definitions). Suggested Motion: I moved to adopt Ordinance No. 2018.003, amending Marana Town Code to revise Section 10-2-1 (Definitions)- Amended Marana Regular Council Meeting 02/06/2018 Page 63 of 89 Attachments Ordinance No. 2018.003 Amended Marana Regular Council Meeting 02/06/2018 Page 64 of 89 MARANA ORDINANCE NO. 20189003 RELATING TO HEALTH AND SANITATION; AMENDING MARANA TOWN CODE TITLE 10 (HEALTH AND SANITATION), CHAPTER 10-2 (MAINTENANCE OF PROPERTY); REVISING SECTION 10-2-1 (DEFINITIONS) TO EXPAND THE DEFINITION OF"REFUSE"; AND DESIGNATING AN EFFECTIVE DATE WHEREAS A.R.S. § 9-499 authorizes the Town Council of the Town of Marana to compel the owner, lessee, or occupant of property to remove from the property and it contiguous sidewalks, streets and alleys any rubbish, trash, weeds, or other accumulation of filth, debris or dilapidated buildings that constitute a hazard to public health and safety; and WHEREAS the Town Council adopted Ordinance 2012.07, adding Chapter 10-2 "Maintenance of Property" to the Marana Town Code to provide fair and reasonable regulations regarding removal of rubbish, trash, weeds, filth, debris and dilapidated buildings that constitute a hazard to public health and safety; and WHEREAS the Town Council finds that revising Chapter 10-2 (Maintenance of Property) of the Marana Town Code as set forth in this ordinance is in the best interests of the Town of Marana and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Town Code Title 10 (Health and Sanitation) is hereby amended to revise section 10-2-1 (Definitions) as follows (with additions shown with double underlining) 10-2-1 Definitions The following definitions shall apply throughout this chapter unless the context clearly indicates otherwise. [Paragraphs A through C remain unchanged] D. "Refuse" means any rubbish,trash,filth or debris which constitutes a ha za rd to public health and safety and shall include all putrescible and nonputrescible solid wastes including garbage, trash, ashes, street cleanings, dead animals, discarded or scrapped parts of furniture, inoperable or abandoned equipment or appliances, cabinetry, household fixtures, construction material, mechanical parts, abandoned automobiles, vehicle parts and solid market and industrial waste, any deposit, accumulation, pile or heap of brush, grass, debris, weeds, cans, cloth, paper, wood, metal, discarded or empty containers, rubbish or other unsightly or unsanitary matter of any kind whatsoever. 00055815.DOCX/2 Marana Ordinance No.2018.003 - 1 - Amended Marana Regular Council Meeting 02/06/2018 Page 65 of 89 [Paragraph E remains unchanged] SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. 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 5. 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 6th day of February, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00055815.DOCX/2 Marana Ordinance No.2018.003 - 2 - Amended 2 - Amended Marana Regular Council Meeting 02/06/2018 Page 66 of 89 MARANA AZ ESTABLISHED 1 9 7 7 Council-Regular Meeting A2 Meeting Date: 02/06/2018 To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: February 6, 2018 Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2018.004: Relating to Animal Control; amending Marana Town Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to clarify definitions related to destructive animals and vicious animals; revising section 6-2-2 (Appointment of animal control officers; authority) to clarify animal control officer authority to stop and detain; revising section 6-2-6 (Enforcement; continuing violation) to add provision allowing court to order abatement of violations; revising section 6-3-4 (License required; classification) to add violation for failure to license dog after notice; revising section 6-3-9 (Transfer of license; fee; classification) to eliminate reference to transfer fees and requirement that releasing owner provide report; renaming chapter 6-5 (Dog Waste Removal) as "Animal Waste Removal"; revising section 6-5-1 (Dog waste removal; exceptions; classification) to rename it as "Animal waste removal; exceptions; classification' and to change all references from "dog" to "domestic animal"; revising section 6-7-2 (Prohibited acts; classification; defenses) to add provision allowing magistrate to find an animal vicious or destructive upon conviction of violation; revising section 6-7-4 (Quarantine of biting animals; reporting; handling and destruction; exception; classification) to allow cats to be quarantined at home in certain circumstances; adding new sections 6-7-5 (Evaluation of animals) and 6-7-6 (Duty to report animal's status; effect) regarding vicious and destructive animals; revising section 6-8-3 (Impoundment of animals subject to cruelty and neglect and vicious or destructive animals) to add provision allowing evaluation of impounded animals; modifying various other provisions; and designating an effective date (Jane Fairall) Resolution No. 2018-012: Relating to Animal Control; declaring as a public record filed with the Town Clerk the amendments to Marana Town Code Title Amended Marana Regular Council Meeting 02/06/2018 Page 67 of 89 6 (Animal Control); revising section 6-1-1 (Definitions) to clarify definitions related to destructive animals and vicious animals; revising section 6-2-2 (Appointment of animal control officers; authority) to clarify animal control officer authority to stop and detain; revising section 6-2-6 (Enforcement; continuing violation) to add provision allowing court to order abatement of violations; revising section 6-3-4 (License required; classification) to add violation for failure to license dog after notice; revising section 6-3-9 (Transfer of license; fee; classification) to eliminate reference to transfer fees and requirement that releasing owner provide report; renaming chapter 6-5 (Dog Waste Removal) as "Animal Waste Removal"; revising section 6-5-1 (Dog waste removal; exceptions; classification) to rename it as "Animal waste removal; exceptions; classification' and to change all references from "dog' to "domestic animal"; revising section 6-7-2 (Prohibited acts; classification; defenses) to add provision allowing magistrate to find an animal vicious or destructive upon conviction of violation; revising section 6-7-4 (Quarantine of biting animals; reporting; handling and destruction; exception; classification) to allow cats to be quarantined at home in certain circumstances; adding new sections 6-7-5 (Evaluation of animals) and 6-7-6 (Duty to report animal's status; effect) regarding vicious and destructive animals; revising section 6-8-3 (Impoundment of animals subject to cruelty and neglect and vicious or destructive animals) to add provision allowing evaluation of impounded animals; modifying various other provisions; and designating an effective date (Jane Fairall) Discussion: On May 2, 2017, the Town Council approved a comprehensive rewrite of Title 6 of the Marana Town Code related to Animal Control. The rewrite was completed in anticipation of the Town bringing animal services in-house as of July 1, 2017. At that time, staff indicated that additional revisions may be necessary as the Town got into the business of animal control. The revisions on tonight's agenda are being proposed after having 6+ months of experience with Marana Animal Services and being able to identify areas that needed clarification or amendment. Highlights of the proposed amendments include the following: •Revising section 6-2-6 (Enforcement; continuing violations) to make it clear that when the court finds a violation of Title 6, the court may order the violator to to perform whatever action is necessary to correct and abate the violation. •Revising section 6-3-4 (License required; classification) to add a provision requiring dog owners to license their dog within 15 days of receiving notice from the Town that licensing is required. •Revising section 6-3-9 (Transfer of license; classification) to remove all references to a transfer fee (the fee was previously eliminated from the fee schedule by the Council) and to remove the requirement that a "releasing owner" of a dog provide the Town with information regarding the new owner. Instead the responsibility is on the new owner to transfer the license. Amended Marana Regular Council Meeting 02/06/2018 Page 68 of 89 •Revising chapter 6-5 (Animal Waste Removal) and section 6-5-1 (Animal waste removal; exceptions; classification) to require the removal of solid waste by any domestic animals, not just dogs, prior to the waste becoming a health hazard. •Revising section 6-7-2 (Prohibited acts, classification; defenses; findings and orders) to make it clear that upon conviction of a person for a biting incident, the magistrate may find that the animal is vicious or destructive and may enter orders to protect the public. •Revising section 6-7-4 (Quarantine of biting animals; reporting; handling and destruction; exception; classification) to provide that if an unvaccinated cat bites a member of the cat's household, any required quarantine may take place at the cat's home if approved by the Town. •Adding new section 6-7-5 (Evaluation of animals) to make it clear that the Town's animal control officers may conduct an evaluation to determine if an animal is vicious and destructive whenever the officer has reason to believe the animal may be. •Adding new section 6-7-6 (Duty to report animal's status; effect) requiring that any animal owner that owns an animal that's been declared vicious or destructive by another jurisdiction must report the animal's status to Marana Animal Services upon relocating to the Town. •Revising section 6-8-3 (Impoundment of animals subject to cruelty or neglect and vicious or destructive animals; evaluation) to make it clear that whenever the Town has impounded an animal pursuant to this section, animal control officers may conduct an evaluation to determine if the animal is vicious or destructive or a danger. Staff Recommendation: Staff recommends approval of the revisions to Title 6 of the Marana Town Code related to animal control. Suggested Motion: I move to adopt Ordinance No. 2018.004 amending Marana Town Code Title 6 (Animal Control) and Resolution No. 2018-012 declaring the amendments a public record. Attachments Ordinance No. 2018.004 Resolution No. 2018-012 Exhibit A to Resolution-Amendments to Title 6 Amended Marana Regular Council Meeting 02/06/2018 Page 69 of 89 MARANA ORDINANCE NO, 20189004 RELATING TO ANIMAL CONTROL; AMENDING MARANA TOWN CODE TITLE 6 (ANIMAL CONTROL); REVISING SECTION 6-1-1 (DEFINITIONS) TO CLARIFY DEFINITIONS RELATED TO DESTRUCTIVE ANIMALS AND VICIOUS ANIMALS; REVISING SECTION 6-2-2 (APPOINTMENT OF ANIMAL CONTROL OFFICERS; AUTHORITY) TO CLARIFY ANIMAL CONTROL OFFICER AUTHORITY TO STOP AND DETAIN; REVISING SECTION 6-2-6 (ENFORCEMENT; CONTINUING VIOLATION) TO ADD PROVISION ALLOWING COURT TO ORDER ABATEMENT OF VIOLATIONS; REVISING SECTION 6-3-4 (LICENSE REQUIRED; CLASSIFICATION) TO ADD VIOLATION FOR FAILURE TO LICENSE DOG AFTER NOTICE; REVISING SECTION 6-3-9 (TRANSFER OF LICENSE; FEE; CLASSIFICATION) TO ELIMINATE REFERENCE TO TRANSFER FEES AND REQUIREMENT THAT RELEASING OWNER PROVIDE REPORT; RENAMING CHAPTER 6-5 (DOG WASTE REMOVAL) AS "ANIMAL WASTE REMOVAL"; REVISING SECTION 6-5-1 (DOG WASTE REMOVAL; EXCEPTIONS; CLASSIFICATION) TO RENAME IT AS "ANIMAL WASTE REMOVAL; EXCEPTIONS; CLASSIFICATION" AND TO CHANGE ALL REFERENCES FROM "DOG" TO "DOMESTIC ANIMAL"; REVISING SECTION 6-7-2 (PROHIBITED ACTS; CLASSIFICATION; DEFENSES) TO ADD PROVISION ALLOWING MAGISTRATE TO FIND AN ANIMAL VICIOUS OR DESTRUCTIVE UPON CONVICTION OF VIOLATION; REVISING SECTION 6-7-4 (QUARANTINE OF BITING ANIMALS; REPORTING; HANDLING AND DESTRUCTION; EXCEPTION; CLASSIFICATION) TO ALLOW CATS TO BE QUARANTINED AT HOME IN CERTAIN CIRCUMSTANCES; ADDING NEW SECTIONS 6-7-5 (EVALUATION OF ANIMALS) AND 6-7-6 (DUTY TO REPORT ANIMAL'S STATUS; EFFECT) REGARDING VICIOUS AND DESTRUCTIVE ANIMALS; REVISING SECTION 6-8-3 (IMPOUNDMENT OF ANIMALS SUBJECT TO CRUELTY AND NEGLECT AND VICIOUS OR DESTRUCTIVE ANIMALS) TO ADD PROVISION ALLOWING EVALUATION OF IMPOUNDED ANIMALS; MODIFYING VARIOUS OTHER PROVISIONS; AND DESIGNATING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. The amendments to the Marana Town Code Title 6 (Animal Control), one paper copy and one electronic copy of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which was made a public record by and 00055761.DOCX/1 Marana Ordinance No.2018.004 - 1 - Amended Marana Regular Council Meeting 02/06/2018 Page 70 of 89 attached as Exhibit A to Resolution No. 2018-012 of the Town of Marana, Arizona, and is hereby referred to, adopted and made a part of this ordinance as if fully set out here. Section 2. The following penalty clauses are included in the amendments to Marana Town Code Title 6 (Animal Control): 6-3-4 License required;classification [Paragraphs A and B do not have any penalty clauses] C. Any person who fails to comply with this section is guilty of a class 2 misdemeanor. 6-3-9 Transfer of license;fee;classification [Paragraph A does not have any penalty clauses] B. Failure to comply with this section is a civil infraction. 6-3-13 Counterfeiting or transferring of tags prohibited;classification [Paragraph A does not have any penalty clauses] B. Violation of this section is a class 2 misdemeanor. 6-5-1 Animal waste removal;exceptions;classification [Paragraphs A through C do not have any penalty clauses] D. Violation of this section is a civil infraction. 6-7-1 Keeping vicious or destructive animals prohibited; exceptions; classification [Paragraphs A and B do not have any penalty clauses] C. Violation of this section is a class 1 misdemeanor. 6-7-2 Prohibited acts;classification;defenses A. The owner of any animal that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals is guilty of a class 1 misdemeanor. B. The owner of any animal that destroys, damages, or causes damage to the property of another person is guilty of a class 1 misdemeanor. [Paragraph C does not have any penalty clauses] D. Upon conviction of violation of this section, in addition to any other penalty or order imposed by the magistrate,the magistrate may find that the animal is vicious or destructive, or is a danger to the safety of any person or other animal, and may enter such orders as the magistrate deems necessary to protect the public,as set forth in section 6-8-7. 00055761.DOCX/1 Marana Ordinance No.2018.004 -2 - Amended 2 - Amended Marana Regular Council Meeting 02/06/2018 Page 71 of 89 6-7-4 Quarantine of biting animals; reporting; handling and destruction; exception;classification [Paragraphs A through J do not have any penalty clauses] K. Failure to comply with this section is a class 1 misdemeanor. Section 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Section 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed,effective as of the effective date of this ordinance. Section 5. 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 6. 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 6th day of February, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00055761.DOCX/1 Marana Ordinance No.2018.004 -3 - Amended 3 - Amended Marana Regular Council Meeting 02/06/2018 Page 72 of 89 MARANA RESOLUTION NO,2018-012 RELATING TO ANIMAL CONTROL; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS TO MARANA TOWN CODE TITLE 6 (ANIMAL CONTROL); REVISING SECTION 6-1-1 (DEFINITIONS) TO CLARIFY DEFINITIONS RELATED TO DESTRUCTIVE ANIMALS AND VICIOUS ANIMALS; REVISING SECTION 6-2-2 (APPOINTMENT OF ANIMAL CONTROL OFFICERS; AUTHORITY) TO CLARIFY ANIMAL CONTROL OFFICER AUTHORITY TO STOP AND DETAIN; REVISING SECTION 6-2-6 (ENFORCEMENT; CONTINUING VIOLATION) TO ADD PROVISION ALLOWING COURT TO ORDER ABATEMENT OF VIOLATIONS; REVISING SECTION 6-3-4 (LICENSE REQUIRED; CLASSIFICATION) TO ADD VIOLATION FOR FAILURE TO LICENSE DOG AFTER NOTICE; REVISING SECTION 6-3-9 (TRANSFER OF LICENSE; FEE; CLASSIFICATION) TO ELIMINATE REFERENCE TO TRANSFER FEES AND REQUIREMENT THAT RELEASING OWNER PROVIDE REPORT; RENAMING CHAPTER 6-5 (DOG WASTE REMOVAL) AS "ANIMAL WASTE REMOVAL REVISING SECTION 6-5-1 (DOG WASTE REMOVAL; EXCEPTIONS; CLASSIFICATION) TO RENAME IT AS "ANIMAL WASTE REMOVAL; EXCEPTIONS; CLASSIFICATION" AND TO CHANGE ALL REFERENCES FROM "DOG" TO "DOMESTIC ANIMAL"; REVISING SECTION 6-7-2 (PROHIBITED ACTS; CLASSIFICATION; DEFENSES) TO ADD PROVISION ALLOWING MAGISTRATE TO FIND AN ANIMAL VICIOUS OR DESTRUCTIVE UPON CONVICTION OF VIOLATION; REVISING SECTION 6-7-4 (QUARANTINE OF BITING ANIMALS; REPORTING; HANDLING AND DESTRUCTION; EXCEPTION; CLASSIFICATION) TO ALLOW CATS TO BE QUARANTINED AT HOME IN CERTAIN CIRCUMSTANCES; ADDING NEW SECTIONS 6-7-5 (EVALUATION OF ANIMALS) AND 6-7-6 (DUTY TO REPORT ANIMAL'S STATUS; EFFECT) REGARDING VICIOUS AND DESTRUCTIVE ANIMALS; REVISING SECTION 6-8-3 (IMPOUNDMENT OF ANIMALS SUBJECT TO CRUELTY AND NEGLECT AND VICIOUS OR DESTRUCTIVE ANIMALS) TO ADD PROVISION ALLOWING EVALUATION OF IMPOUNDED ANIMALS; MODIFYING VARIOUS OTHER PROVISIONS; AND DESIGNATING AN EFFECTIVE DATE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amendments to Marana Town Code Title 6 (Animal Control), a copy of which is attached to and incorporated in this resolution as Exhibit A and one paper copy and one electronic copy of which are on file in the office of the 00055762.DOCX/1 Marana Resolution No.2018-012 - 1 - Amended Marana Regular Council Meeting 02/06/2018 Page 73 of 89 Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of February, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00055762.DOCX/1 Marana Resolution No.2018-012 -2 - Amended 2 - Amended Marana Regular Council Meeting 02/06/2018 Page 74 of 89 EXHIBIT A TO MARANA RESOLUTION NO. 2 018-012 Revisions to Manana Town Code, Title 6 "Animal Control"pursuant to Manana Ordinance No. 2018.004 SECTION 1. Section 6-1-1 of the Marana. Town Code is hereby revised as follows (with additions shown with double underlinin-) 6-1-1 Definitions The following definitions shall apply throughout this title unless the context clearly indicates otherwise. [Paragraphs A through F remain unchanged] G. "Destructive animal" means any animal that has a propensity to destroy, damage,or cause damage to the property of a person other than the a nima 1's owner, or that has been so declared after a hearing before the town magistrate, or that has been so declared by another i urisdiction after the owner has been provided notice and an opportunity to be heard. [Paragraphs H through V remain unchanged] W."Vicious animal" means any animal that has a propensity to attack, to cause injury to, or to otherwise endanger the safety of human beings or domestic animals without provocation, or that has been so declared after a hearing before the town magistrate, or that has been so declared by another i urisdiction after the owner has been provided notice and an opportunity to be heard. SECTION 2. Section 6-2-2 of the Marana. Town Code is hereby revised as follows (with additions shown with double underlining): 6-2-2 Appointment of animal control officers;authority [Paragraphs A and B remain unchanged] C. An animal control officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of this title or any state statute relating to rabies or animal control that occurs within the i urisdiction of the town,and to serve a copy of a written notice to appear and. complaint. SECTION 3. Section 6-2-4 of the Marana. Town Code is hereby revised as follows (with deletions shown with Q.*r,`Ki-poo t and additions shown with double underlining): 6-2-4 Commencement of action A. An animal control officer or a peace officer may commence an action for violation of this title by issuing and personally serving an Arizona traffic 00055639.DOC/11 Amended Marana Regular Council Meeting 02/06/2018 Page 75 of 89 EXHIBIT A TO MARANA RESOLUTION NO. 2 018-012 Revisions to Manana Town Code, Title 6 "Animal Control"pursuant to Manana Ordinance No. 2018.004 ticket and complaint as provided in A.R.S. §13-3903 or other approved written notice to appear and complaint,except that an animal control officer shall not make an arrest before issuing the r�Lc-..e-t crrra complaint. [Paragraphs B through D remain unchanged] SECTION 4. Section 6-2-6 of the Marana. Town Code is hereby revised as follows (with additions shown with double underlinin-) 6-2-6 Enforcement;continuing violations [Paragraphs A and B remain unchanged] C. In addition to any other sanction or penalty, upon finding that a violation of this title exists, the court may order a person to perform whatever action is reasonably necessary to correct and abate the violation. [Existing paragraph C is renumbered as paragraph D to conform,but otherwise remains unchanged] SECTION 5. Section 6-3-4 of the Marana. Town Code is hereby revised as follows (with additions shown with double underlinin-) 6-3-4 License required;classification [Paragraph A remains unchanged] B. It shall be unlawful to knowingly fail to obtain a license for a dog required to be licensed within 15 days after receiving written notification from the town enf orcement a gent of the requirement. [Existing paragraph B is renumbered as paragraph C to conform,but otherwise remains unchanged] SECTION 6. Section 6-3-5 of the Marana. Town Code is hereby revised as follows (with deletions shown with Q.*r,`Ki-evo t and additions shown with double underlining): 6-3-5 Vaccination certificate prerequisite to license No license shall be issued for any dog until the owner has presented a vaccination certificatefrom a licensed veterinarian containing the information required by this chapter. 00055639.DOC/12 Amended Marana Regular Council Meeting 02/06/2018 Page 76 of 89 EXHIBIT A TO MARANA RESOL UTION NO. 2018-012 Revisions to Manana Town Code, Title 6 "Animal Control"pursuant to Manana Ordinance No. 2018.004 SECTION 7. Section 6-3-9 of the Marana. Town Code is hereby revised as follows (with deletions shown with Q.*r,`1TpCouts and additions shown with double underlining): 6-3-9 Transfer of license; classification A.Whenever the ownership of a dog changes, the new owner shall secure a transfer of the dog's license within ten days of transfer. B. , �1=� Y{� ' �n Jrn of t4+n��T� Failure to comply with this section is a civil infraction. SECTION 8. Section 6-3-13 of the Marana. Town Code is hereby revised as follows (with additions shown with double underlining): 6-3-13 Counterfeiting or transferring of tags prohibited;classification A. It shall be unlawful to counterfeit or attempt to counterfeit an official dog license tag,to remove an official doz license tag from any dog for the purpose of intentional or malicious mischief,or to remove a dog's license tag and place it on another dog. [Paragraph B remains unchanged] SECTION 9. Chapter 6-5 entitled "Dog Waste Removal" is hereby renamed "Animal Waste Removal." SECTION 10. Section 6-5-1 of the Marana. Town Code is hereby revised as follows (with deletions shown with Q.*r,`Ki-evo t and additions shown with double underlining): 6-5-1g Animal waste removal;exceptions;classification A. It shall be unlawful for the owner or person having custody of any domestic animal to fail immediately to remove and dispose of in a sanitary manner any solid waste deposited by the deg domestic animal on public property or on private property without the consent of the person in control of the property. B. It shall be unlawful for the owner, proprietor, agent or occupant of any premises where begs domestic animals are kept to deposit, cause to be 00055639.DOC/1 3 Amended Marana Regular Council Meeting 02/06/2018 Page 77 of 89 EXHIBIT A TO MARANA RESOL UTION NO. 2018-012 Revisions to Manana Town Code, Title 6 "Animal Control"pursuant to Manana Ordinance No. 2018.004 deposited, or allow to accumulate, within or about the premises, any solid wastes from domestic animals in such a manner that the waste creates an unsanitary condition or is a health hazard to humans or animals. This paragraph applies to private property, including property owned, leased or controlled by the owner of the deg domestic animal. [Paragraphs C and D remain unchanged] SECTION 11. Section 6-7-1 of the Marana. Town Code is hereby revised as follows (with additions shown with double underlining): 6-7-1 Keeping vicious or destructive animals prohibited;exceptions; classifications A. It is unlawful for any person to keep,control,harbor or otherwise have under control any animal which is vicious or destructive. B. This section does not apply to zoos, wild animal parks or animal shelters, or to persons who are in compliance with an order of the town magistrate issued pursuant to this title or an order issued by another jurisdiction. C. Violation of this section is a class 1 misdemeanor. SECTION 12. Section 6-7-2 of the Marana. Town Code is hereby revised as follows (with additions shown with double underlining): 6-7-2 Prohibited acts;classification;defenses;findings and orders A. The owner of any animal that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals is guilty of a class 1 misdemeanor. B. The owner of any animal that destroys, damages, or causes damage to the property of another person is guilty of a class 1 misdemeanor. C. It shall be an affirmative defense to the provisions of this section if the animal is: 1. Not at large and there is provocation;or 2. The dog is a police dog under the command of its trainer. D. Upon conviction of violation of this section, in addition to any other penalty or order imposed by the magistrate,the magistrate may find that the animal is vicious or destructive, or is a danger to the safety of any person or other animal, and may enter such orders as the magistrate deems necessary to protect the public,as set forth in section 6-8-7. 00055639.DOC/1 4 Amended Marana Regular Council Meeting 02/06/2018 Page 78 of 89 EXHIBIT A TO MARANA RESOL UTION NO. 2018-012 Revisions to Manana Town Code, Title 6 "Animal Control"pursuant to Manana Ordinance No. 2018.004 SECTION 13. Section 6-7-4 of the Marana. Town Code is hereby revised as follows (with additions shown with double underlinin-): 6-7-4 Quarantine of biting animals;reporting;handling and destruction; exception;classification A. Any unvaccinated dog or cat that bites any person shall be confined and quarantined in a shelter approved by the town enforcement agent or, upon request of and at the expense of the owner, at a veterinary hospital, for a period of not less than ten days, except that an unvaccinated cat that bites a member of the cat owner's household may be quarantined at the home of the owner,or where the cat is harbored or maintained,with the consent of and in a manner prescribed by the town enforcement agent. [Paragraphs B through K remain unchanged] SECTION 14. New section 6-7-5 entitled "Evaluation of animals" is hereby added to the Marana. Town Code as follows: 6-7-5 Evaluation of animals A. Whenever the town enforcement agent has reason to believe an animal is vicious or destructive,or may be a danger to the safety of any person or other animal,the town enforcement agent may conduct an evaluation of the animal, whether the animal is impounded or not. B. The town enforcement agent shall develop guidelines to determine if an animal is vicious or destructive. C. If the town enforcement agent finds that an animal is vicious or destructive after evaluation, the provisions of chapter 6-8 regarding impoundment and disposition of vicious or destructive animals shall apply. SECTION 15. New section 6-7-6 entitled "Duty to report" is hereby added to the Marana. Town Code as follows: 6-7-6 Duty to report animal's status;effect A. Any person keeping, controlling, harboring, or otherwise having under control any animal that has been found to be vicious, destructive or dangerous by another jurisdiction, shall report the animal's status to the town enforcement agent within ten days of the animal's relocation to the town. B. The animal shall be subject to all provisions set forth in chapters 6-7 and 6-8 governing vicious or destructive animals as though the animal had been declared vicious or destructive by the town. 00055639.DOC/1 5 Amended Marana Regular Council Meeting 02/06/2018 Page 79 of 89 EXHIBIT A TO MARANA RESOL UTION NO. 2018-012 Revisions to Manana Town Code, Title 6 "Animal Control"pursuant to Manana Ordinance No. 2018.004 SECTION 16. Section 6-8-3 of the Marana. Town Code is hereby revised as follows (with additions shown with double underlining): 6-8-3 Impoundment of animals subject to cruelty or neglect and vicious or destructive animals;evaluation Any town enforcement agent is authorized and empowered to remove and impound any animal in plain view, or subject to a valid search warrant, if the agent has probable cause to believe any of the following: A. That an animal is in distress caused by mistreatment, tie out, exposure to the elements, extremes of temperature, lack of adequate ventilation or drainage, lack of sanitation, deprivation of proper food or potable water, restraint, restriction of movement, confinement, lack of sufficient exercise space, constrictive gear,injury,illness,physical impairment,hoarding conditions as described in section 6-6-5,or parasites. B. That an animal's well-being is threatened by a dangerous condition or circumstance and the agent has reason to believe either: 1. That the distress of the animal or the dangerous condition or circumstance was caused or allowed to be caused by the willful act or omission or negligence of the owner;or 2. That it is likely the animal would be in distress from any cause,or its well- being would be threatened by any dangerous condition or circumstance if the owner retains ownership of the animal. C. That an animal is vicious or destructive or may be a danger to the safety of any person or other animal. D.Whenever the town enforcement agent removes and impounds an animal based on probable cause that the animal is vicious or destructive or may be a danger to the safety of any person or other animal, the town enforcement agent shall conduct an evaluation of the animal to determine if it is vicious or destructive. 1. If the town enforcement agent finds that the animal is not vicious or destructive, the town enforcement agent shall release the animal to its owner. A finding that an animal is not vicious or destructive does not reclude other enforcement action on the same facts,including a criminal prosecution of the owner. 2. If the town enforcement agent finds that the animal is vicious or destructive, the provisions of this chapter regarding impoundment and disposition of vicious or destructive animals shall apply. 00055639.DOC/1 6 Amended Marana Regular Council Meeting 02/06/2018 Page 80 of 89 .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting D1 Meeting Date: 02/06/2018 To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: February 6, 2018 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2018-013: Relating to Administration; appointing Jamsheed Mehta as Town Manager; approving and authorizing the Mayor to execute an Employment Agreement between the Town of Marana and Jamsheed Mehta (Jane Fairall) Discussion: On October 30, 2017, the Town Council appointed Jamsheed Mehta to serve as Interim Town Manager, replacing Gilbert Davidson whose last day of employment as Town Manager was November 17, 2017. Mr. Mehta previously served as the Deputy Town Manager. On February 1, 2018, the Town Council met in executive session to discuss Mr. Mehta's employment and possible appointment as Town Manager. After coming out of executive session, the Council directed staff to proceed with drafting a contract for the Town Manager. If approved, the attached resolution will appoint Mr. Mehta as Town Manager and approve and authorize the Mayor to execute an employment agreement governing the terms of Mr. Mehta's employment. The proposed agreement has an initial one-year term beginning February 6, 2018, and continuing until February 5, 2019, but with a provision that allows the contract to extend beyond the agreement's expiration on the same terms unless the Council either terminates Mr. Mehta's employment or replaces or amends the agreement. The proposed agreement would provide the Town Manager with an annual base salary of $188,000, benefits consistent with those enjoyed by other Town employees, and the following additional benefits: •The Town will pay 5% of the Manager's annual income into his deferred compensation account. •The Manager receives six months' severance pay (salary plus accrued unused vacation leave and 5% of annual income paid into deferred compensation) if the Town Manager is terminated without cause. Amended Marana Regular Council Meeting 02/06/2018 Page 81 of 89 •The Town Manager's maximum vacation leave accrual is increased to 350 hours (other employees get a maximum of 240 hours). •The Manager is given use of a Town vehicle. •The Town Manager may request that the Town purchase up to a cumulative total of 125 hours of the Town Manager's accrued vacation leave from the Town Manager. Financial Impact: The Town Manager's Office department budget has adequate existing budgetary capacity to pay for the Town Manager's salary and benefits. Staff Recommendation: Council's pleasure. Suggested Motion: I move to adopt Resolution No. 2018-013, appointing Jamsheed Mehta as Town Manager and approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Jamsheed Mehta. Attachments Resolution No. 2018-013 Exhibit A - Employment Agreement Amended Marana Regular Council Meeting 02/06/2018 Page 82 of 89 MARANA RESOLUTION NO,2018-013 RELATING TO ADMINISTRATION; APPOINTING JAMSHEED MEHTA AS TOWN MANAGER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND JAMSHEED MEHTA WHEREAS the Town Council is authorized to appoint a town manager pursuant to A.R.S. § 9-239 and Marana Town Code sections 3-1-2 (A) and 3-2-1; and WHEREAS by motion adopted on October 30, 2017, the Town Council appointed Jamsheed Mehta to the position of interim town manager effective November 18, 2017; and WHEREAS the Town Council now desires to appoint Jamsheed Mehta to the position of town manager and the parties desire to set the terms and conditions of Mr. Mehta's employment as town manager. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that Jamsheed Mehta is hereby appointed as town manager and that the employment agreement attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of February,2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00055759.DOCX/1 Marana Resolution No.2018-013 - 1 - Amended Marana Regular Council Meeting 02/06/2018 Page 83 of 89 TOWN MANAGER'S EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND JAMSHEED MEHTA This Employment Agreement (this "Agreement') is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town") and JAMSHEED MEHTA (the "Town Manager'). The Town and the Town Manager are collectively referred to in this Agreement as the "Parties," and each is sometimes individually referred to as a"Party." RECITALS A. The Town Council is authorized to appoint a town manager pursuant to A.R.S. § 9-239 and Marana. Town Code sections 3-1-2(A) and 3-2-1. B. The Town Manager's education, training and experience qualify him to provide the professional services sought by the Town. C. By motion adopted on October 30, 2017, the Town Council appointed the Town Manager to the position of interim town manager of the Town effective November 18, 2017. D. The Town Council now desires to appoint the Town Manager to the position of town manager of the Town and the Parties desire to set the terms and conditions of the Town Manager's employment. AGREEMENT Now, THEREFORE, in consideration of the mutual promises made in this Agreement, the Parties agree as follows: Article 1. Appointment The Town Council hereby appoints and employs the Town Manager as the town manager of the Town of Marana. Article 2. Term 2.1. Initial Term. This Agreement shall be effective on February 6, 2018, and shall continue in full force and effect until February 5, 2019, unless it is sooner terminated by either Party pursuant to Article 5 below. 2.2. Continuation of Term. If this Agreement expires at the end of the initial term set forth in paragraph 2.1 above, but the Town Council takes no action to terminate the Town Manager's employment, this Agreement shall continue in full force and effect under the same terms and conditions set forth herein, unless and until the Town Council i) terminates the Town Manager's employment or ii) replaces or amends this Agreement. 2.3. Severance Provision Term. The provisions of paragraph 5.1 below relating to the payment of severance shall remain in full force and effect throughout the term of this Agreement to the extent permitted by Arizona. law. 00055690.DOC/7 TOWN MANAGER JAMSHEED MEHTA EMPLOYMENT AGREEMENT/2018-2019 - 1 - Amended Marana Regular Council Meeting 02/06/2018 Page 84 of 89 Article 3. Duties and Pe rfo rma nc e 3.1. Standards of Performance. The Town Manager shall render professional town management services to the Town. The Town Manager shall be under the administrative supervision and control of the Town Council, subject to his compliance at all times with federal, state and local law, and the International City/County Management Association Code of Ethics. 3.2. Full Time Work. The Town Manager shall devote his full working professional time and attention to the management of the Town of Marana. During his employment by the Town, the Town Manager shall not, without written consent of the Town, directly or indirectly render services of a professional nature to or for any person or firm for compensation, or engage in any practice or professional endeavor that compromises the interests of the Town. However, the expenditure of reasonable time and resources for civic, community, non-municipal political or professional activities shall not be deemed a breach of this provision. 3.3. Annual Goals and Objectives. Annually, as part of the budget process, the Town Council and the Town Manager shall define such goals and performance objectives that they determine necessary for the proper operation of the Town and in the attainment of the Town Council's policy objectives and shall further establish a relative priority among those various goals and objectives. The goals and objectives shall be reduced to writing. The goals shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations. Article 4. Compensation and Bene fits 4.1. SalarThe Town shall pay the Town Manager an annual salary of $188,000.00, beginning on the effective date of this Agreement. 4.2. Deferred Compensation. The Town shall execute all necessary documentation allowing the Town Manager to enroll in a qualified deferred compensation plan and the Town shall contribute an amount equal to 5%of the Town Manager's annual salary. 4.3. Expenses. The Town shall reimburse the Town Manager for all reasonable travel and business expenses incurred by the Town Manager in the performance of his duties, in accordance with the general policies of the Town. Reasonable business expenses shall include, but are not limited to, costs incurred to meet and dine with individuals and groups involved in or sought out to be involved in Town development or economic development activities. The Town shall pay for the Town Manager's attendance at a reasonable number of professional or municipal conferences, specifically including reimbursement for professional association dues and one annual International City/County Management Association (ICMA) conference and appropriate State professional conferences. The Manager is encouraged to participate in civic activities. The Town shall sponsor and pay for membership dues and fees for the Manager's involvement in local service organizations. 4.4. Indemnification. The Town shall indemnify, defend, and hold the Town Manager harmless from all liability for damages, court costs, litigation expenses, and attorney fees which arise out of acts or omissions of the Town Manager committed within the course and scope of the Town Manager's employment. The Town Manager shall have the rights set forth under Town Code Section 2-10-2 as it currently exists, and any amendment that limits or reduces the protection of the Town Manager during the duration of this Agreement shall not apply. 00055690.DOC/7 TOWN MANAGER JAMSHEED MEHTA EMPLOYMENT AGREEMENT/2018-2019 -2 - Amended Marana Regular Council Meeting 02/06/2018 Page 85 of 89 4.5. Liability Coverage. The Town shall maintain comprehensive liability coverage effectively covering the Town Manager against any and all claims associated with the reasonable performance of the Town Manager's responsibilities within the scope of his employment. 4.6. Fidelity Bond. The Town shall bear the full cost of any fidelity or other bonds required of the Town Manager. 4.7. Holidays. The Town Manager shall be entitled to the same paid holidays to which other employees of the Town are entitled, as provided in the Personnel Policies and Procedures. 4.8. Managed Time Off (MTO) Leave. The Town Manager shall be entitled to the same managed time off (MTO) leave allocations as are afforded to department directors of the Town, including an additional 40 hours of MTO leave per calendar year, as provided in the Town's Personnel Policies and Procedures. 4.9. Vacation Leave. The Town Manager shall accrue vacation leave at the rate of 6.15 hours per pay period, and upon termination of employment shall receive pay for accrued but unused vacation leave in the same manner and amount as provided for all other Town employees under the Town's Personnel Policies and Procedures. The 240-hour cap on vacation leave established by the Town's Personnel Policies and Procedures shall not apply to the Town Manager, and is hereby replaced with a total vacation leave accrual cap of 350 hours. 4.9.1. At any time during the term of this Agreement, the Town Manager may request that the Town purchase, at the applicable salary rate set forth in paragraph 4.1 above, up to a cumulative total of 125 hours of the Town Manager's accrued vacation leave from the Town Manager. 4.10. Tuition Reimbursement. The Town shall provide the same tuition reimbursement to the Town Manager as is available generally to Town employees under Policy 6-2 of the Town's Personnel Policies and Procedures. The Mayor shall perform all functions normally undertaken by the department head, human resources director or town manager under Policy 6-2 for purposes of reviewing and approving tuition reimbursement requests by the Town Manager. 4.11. Use of Town Vehicle. The Town Manager's duties require that he shall at all times during his employment with the Town have use of an automobile provided to him by the Town for Town business. The Town Manager may transport guests of the Town Manager within or outside the Town's corporate limits. The Town Manager is permitted to make incidental personal use of the Town Vehicle, including by way of example stopping for personal business on the way to or from official Town business. 4.12. Health and Other Insurance; Retirement Plan; Other Benefits. Except as otherwise amended or expanded by this Agreement, the Town Manager shall receive all insurance, retirement, and other benefits afforded to all other Town employees. 4.13. Work Hours. The Town recognizes that the Town Manager must devote a great deal of time outside normal office hours to the business of the Town. The Town Manager may adjust his office hours as he shall deem appropriate so long as he is reasonably available and the management of the Town is not harmed. Article 5. Termination. 5.1. Termination by the Town for Convenience. If the Town Manager is terminated by the Town for any reason other than "for cause" (see paragraph 5.2 below), including termination 00055690.DOC/7 TOWN MANAGER JAMSHEED MEHTA EMPLOYMENT AGREEMENT/2018-2019 -3 - Amended Marana Regular Council Meeting 02/06/2018 Page 86 of 89 upon expiration of the initial term set forth in paragraph 2.1 above, the Town shall pay the Town Manager a lump sum severance payment equal to six months' salary and the following benefits: 5.1.1. A lump sum payment for the Town Manager's accrued unused vacation leave (see paragraph 4.9 above), and 5.1.2. A lump sum contribution to the Town Manager's deferred compensation plan (see paragraph 4.2 above) in the amount of 5% of the Town Manager's then-existing annual salary. 5.1.2.1. If the Town is unable to make the lump sum contribution, or any portion of the lump sum contribution, to the Town Manager's deferred compensation plan (see subparagraph 5.1.2 above) because the contribution would exceed the maximum contribution allowable by law for the calendar year for the Town Manager's deferred compensation plan, the Town shall make a payment in the amount set forth in subparagraph 5.1.2 above, or in the remaining portion of that amount not able to be contributed to the deferred compensation plan, directly to the Town Manager. 5.2. Termination by the Town for Cause. If the Town terminates the Town Manager's employment "for cause," then this Agreement shall terminate. All salary payable to the Town Manager under this Agreement shall immediately cease, except that all earned but unpaid salary and benefits, and any other earned benefits required to be paid pursuant to this Agreement and the Town's Personnel Policies and Procedures shall be paid to the Town Manager. The Town Manager shall not be eligible for any severance payment or benefits payable under paragraph 5.1 above. "For cause" is defined for purposes of this Agreement as (i) the commission of a criminal offense; (ii)the commission of an immoral act or other behavior, whether on or off duty, which brings the Town into disrepute, embarrasses the Town publicly, or raises questions about the Town Manager's fitness to serve in his role as Town Manager; (iii) non-performance of a required duty; or (iv) any similarly serious reason for termination. 5.3. Termination by the Town Manager. The Town Manager may terminate this Agreement at any time, for any reason or for no reason, by delivering to the Mayor and Council a written notice no later than 30 days in advance of his requested termination date. If the Town Manager terminates this Agreement, the following terms shall apply: 5.3.1. All salary payable to the Town Manager under this Agreement shall cease when the Town Manager's employment ends. All earned and unpaid salary and benefits and any other earned benefits required to be paid pursuant to this Agreement and the Town's Personnel Policies and Procedures shall be paid to the Town Manager. The Town may, in its sole discretion, elect to accelerate the Town Manager's departure date from the Town upon receipt of the Town Manager's notice. In that event, the Town Manager shall be paid through the accelerated termination date chosen by the Town. 5.3.2. In the Town's sole discretion, the Town may request that the Town Manager make himself reasonably available, as needed by the Town, for consulting purposes for a period of three months after termination. In that event, the Town and the Town Manager shall enter into a separate agreement for the purpose of compensating the Town Manager on an hourly basis for his services, at a rate equivalent to his compensation and benefits earned with the Town pursuant to this Agreement. 00055690.DOC/7 TOWN MANAGER JAMSHEED MEHTA EMPLOYMENT AGREEMENT/2018-2019 -4 - Amended Marana Regular Council Meeting 02/06/2018 Page 87 of 89 Article 6. General Terms and Conditions. 6.1. Recitals. The recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here by reference. 6.2. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 6.3. Severab'' . If any provision of this Agreement is declared illegal, invalid or unenforceable, in whole or in part, under present or future laws, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. In lieu of the illegal, invalid or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in terms to the illegal, invalid, or unenforceable provisions as may be possible and still be legal, valid, and enforceable, and this Agreement shall be deemed reformed accordingly. 6.4. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona.. 6.5. Interpretation. This Agreement has been negotiated by the Town and the Town Manager, and neither Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. 6.6. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. [SIGNATURE PAGE FOLLOWS] 00055690.DOC/7 TOWN MANAGER JAMSHEED MEHTA EMPLOYMENT AGREEMENT/2018-2019 -5 - Amended Marana Regular Council Meeting 02/06/2018 Page 88 of 89 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: TOWN MANAGER: THE TOWN OF MARANA, an Arizona municipal corporation By: By: Ed Honea, Mayor Jamsheed Mehta Date: Date: ATTEST: Jocelyn C. Bronson, Clerk- APPROVED lerkAPPROVED AS To F ORM: Jane F airall, Deputy Town Attorney 00055690.DOC/7 TOWN MANAGER JAMSHEED MEHTA EMPLOYMENT AGREEMENT/2018-2019 - 6 - Amended Marana Regular Council Meeting 02/06/2018 Page 89 of 89