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HomeMy WebLinkAboutAMENDED Regular Council Agenda Packet 03/06/2018 AMENDED MARANA AZ ESTABLISHED 1 9 7 7 AMENDED MARCH 5, 2018 at 12:55 P.M. MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 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 March 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 Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. Marana Regular Council Meeting 03/06/2018 Pagel of 295 All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.maranaaz.gov under Agendas and Minutes. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at (520) 382-1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities. Pursuant to the Arizona Open Meeting Law,at the conclusion of Call to the Public,individual members of the Council may respond to criticism made by those who have addressed the Council,and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Marana Regular Council Meeting 03/06/2018 Page 2 of 295 MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda,including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda,any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. Cl Resolution No. 2018-017: Relating to Police Department; authorizing the Chief of Police to apply for grant funding from the Governor's Office of Highway Safety for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2018-2019 (Rachel Whitaker) C2 Relating to Procurement; approving a change order to the Marana Public Safety Facility (PDFAC) project construction contract with CORE Construction, Inc. in the amount of $38,747.00; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Keith Brann) C3 Relating to Procurement; approving a change order to the Ina Road Pavement Reconstruction project (ST058) design contract with Dibble & Associates Consulting Engineers for the amount of $57,530-00; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order(Keith Brann) C4 Relating to Procurement; ratifying the Town Manager's approval of a change order to the Marana Road Realignment project(ST044) construction contract with Pima Paving Inc. in the amount of $101,345.00; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Keith Brann) C5 Relating to Procurement; approving the addition of $500,000 in expenditure authority to the Tangerine Sky Park (PK014) project for the addition of certain required hard structures; reducing expenditure authority of the Santa Cruz Shared Use Path - Phase II (PK006) project in the amount of $300,000 and the Santa Cruz Shared Use Path - El Rio to Avra Valley (PK013) project in the amount of $200,000; and authorizing the Town Manager or designee to execute any necessary documents to effectuate the addition to the expenditure authority for the Tangerine Sky Park (Keith Brann) Marana Regular Council Meeting 03/06/2018 Page 3 of 295 C6 Resolution No. 2018-018: Relating to Intergovernmental Relations; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Town of Marana, Northwest Fire District and Marana Unified School District No. 6 for development review and inspection, facility use and general cooperation (Jane Fairall) C7 Resolution No. 2018-019: Relating to Administration; approving the transfer of up to $350,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2017-2018 budget to the Downtown Marana Reinvestment Fund construction line item for the hard scape and related landscaping of the newly constructed roundabout at Marana Main Street and Sandario Road (Erik Montague) C8 Resolution No. 2018-020: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pima County for provision of video-court hearings of municipal prisoners for 2018-2019 (Laine Sklar) C9 Resolution No. 2018-021: Relating to Public Works; approving and authorizing the the Town Manager to sign a Settlement Agreement and the Town Engineer to sign all other documentation necessary for the purchase of property rights needed from the Arizona District Council of the Assemblies of God for Town of Marana Project No. ST021 Tangerine Corridor/Tangerine Road, Twin Peaks to La Canada Drive (Frank Cassidy) C10 Approval of Study Session Meeting Minutes and Regular Council Meeting Minutes from February 20, 2018 (Jocelyn C. Bronson) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a location transfer series 9 Liquor Store liquor license application submitted by Kim Kenneth Kwiatkowski on behalf of Circle K Store #3496, located at 5725 W. Ina Road, Tucson, Arizona 85743 (Jocelyn C. Bronson) L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Sharon Loraine Nelson on behalf of Sunflozver Vintage Gardeners to be held on March 18, 2018 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Marana Regular Council Meeting 03/06/2018 Page 4 of 295 Al PUBLIC HEARING: Ordinance No. 2018.006: Relating to Development; amending the Gladden Farms II Specific Plan to revise the land use designation of Block 35 from Single Family Detached 8 (SFD-8) to Single Family Detached 6 (SFD-6) with an average lot size of at least 6,600 square feet; to revise the land use designation of Block 34 from Commercial (C) to Transitional Zone (TR); to reduce the size of Block 32 from 8.8 acres to six acres and incorporate the excess acreage into Blocks 31 and 33 with their currently approved SFD-61and use designation; and to revise the collector roadway network to realign the eastern half of Mike Etter Boulevard and eliminate Pacheco Farms Road (Steven Vasquez) ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state,federal,and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (jamsheed Mehta) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03,the Town Council may vote to go into executive session,which will not be open to the public,to discuss certain matters. E1 Executive Session pursuant to A.R.S. 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)(4) for discussion or consultation to consider the Towri s position and instruct the Towri s attorneys regarding the proposed settlement of Town of Marana v. Watson,Pima County Superior Court case number 020161543,a Tangerine Corridor right-of-way condemnation case. E3 Executive session pursuant to A.R.S. §38-431.03(A)(3) & (7) for legal advice with the Town's attorneys regarding the Adonis Mobile Home Park wastewater conveyance system and ponds and to instruct Town staff about negotiations for possible acquisition thereof. E4 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or consultation to consider the Towri s position and instruct the Towri s attorneys regarding the proposed settlement of Town of Oro Valley v. Corona NW Associates I Limited Partnership,Pima County Superior Court case number 020164057, a Tangerine Corridor right-of-way condemnation case. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Marana Regular Council Meeting 03/06/2018 Page 5 of 295 .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C1 Meeting Date: 03/06/2018 To: Mayor and Council From: Rachel Whitaker, Grants Manager Date: March 6, 2018 Strategic Plan Focus Area: Community Subject: Resolution No. 2018-017: Relating to Police Department; authorizing the Chief of Police to apply for grant funding from the Governor's Office of Highway Safety for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2018-2019 (Rachel Whitaker) Discussion: For the last 12 years, the Town of Marana has been awarded grant funding from the Governor's Office for Highway Safety (GOHS) to combat impaired and aggressive drivers and take part in enforcement efforts in coordination with local and regional partners like the Southern Arizona DUI Task Force. Marana has also received DUI Abatement Grants funded by the Oversight Council on Driving or Operating under the Influence Abatement. Over the years, the number of impaired drivers on Marana streets has been greatly reduced due to these efforts. Although great strides have been made in making Marana's roadways safer, there are still a large number of impaired drivers getting behind the wheel every day. The Marana Police Department is responding to this problem by increasing education, visibility, enforcement, and officer training. With an overall goal to reduce the number of accidents, injuries, and deaths caused by impaired and aggressive drivers, staff requests authorization to submit proposals to GOHS for grant funding within FY 2018-2019 to support deployment overtime hours as well as two replacement motorcycles to facilitate speed and DUI enforcement. Marana Police Department's motorcycle fleet is antiquated and needs to be replaced, as such, acquisition of two motorcycles through GOHS would enable successful deployments to continue. If awarded, overtime funding for combating impaired drivers will allow Marana to continue participation in the Southern Arizona DUI Task Force, increasing the number Marana Regular Council Meeting 03/06/2018 Page 6 of 295 of marked patrol units on the streets during peak DUI times and in targeted locations. This increased activity will serve as a deterrent and will result in increased formal enforcement action to reduce the number of impaired and aggressive drivers on Arizona roadways. The Town will provide event-specific, department-initiated DUI and speed enforcement. The Town will work in a coordinated effort with other agencies to reduce the number of individuals under the influence through enforcement and education efforts and to reduce the number of aggressive drivers in the region. The DUI Abatement grants will provide for more DUI enforcement as well as fund coordinated efforts to conduct warrant sweeps. In the previous Warrant Sweep grant, officers conducted eight warrant sweeps resulting in 60 arrests and $150,903 in recovered bond money. The Town is also requesting funding for programs to combat excessive speed and aggressive driving, to initiate a coordinated education and enforcement effort utilizing internal resources, and to increase MPD efforts to reduce speeding and aggressive and impaired driving thereby heading off the behaviors that lead to increased incidents of motor vehicle accidents. By proactively addressing the issues and reducing the burden of accident investigation, the MPD will be able to leverage freed-up manpower to more aggressively address the ongoing I-10 closures and issues in school zones and neighborhoods. Financial Impact: Fiscal Year: 2019 Budgeted Y Y/N: Amount: Maintenance Costs and some ERE The Town will be responsible for the operation, maintenance, updates, and replacement costs of any equipment purchased with grant funding. DUI Task Force, Warrant and Speed Enforcement overtime and 40% of the employee-related expenses will be covered by the grant. This is estimated at $130,000. Staff Recommendation: Staff recommends approval of Resolution No. 2018-017 authorizing the Chief of Police to apply for grant funding from the Governor's Office of Highway Safety. Suggested Motion: I move to adopt Resolution No. 2018-017, authorizing the Chief of Police to apply for grant funding from the Governor's Office of Highway Safety for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2018-2019. Attachments Marana Regular Council Meeting 03/06/2018 Page 7 of 295 Resolution No. 2018-017 Marana Regular Council Meeting 03/06/2018 Page 8 of 295 RESOLUTION NO, 2018-017 RELATING TO POLICE DEPARTMENT; AUTHORIZING THE CHIEF OF POLICE TO APPLY FOR GRANT FUNDING FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR THE PURCHASE OF EQUIPMENT AND THE FUNDING OF OVERTIME FOR THE MARANA POLICE DEPARTMENT FOR FISCAL YEAR 2018- 2019 WHEREAS the Governor's Office of Highway Safety (GOHS) is seeking proposals from state and local agencies for projects relating to all aspects of highway safety; and WHEREAS the Town of Marana is interested in submitting projects to be considered for funding in the form of reimbursable grants from the National Highway Traffic Safety Administration and the Arizona Oversight Council on Driving or Operating under the Influence Abatement; and WHEREAS the Town of Marana recognizes its duty to protect its citizens through effective police powers;and WHEREAS the Marana Police Department is working to increase enforcement to reduce excessive speeding and aggressive driving by drivers and the number of impaired drivers on Arizona roadways; and WHEREAS grant funding will assist the Marana Police Department in purchasing equipment to support traffic safety initiatives and in funding overtime DUI and speed enforcement, allowing the Marana Police Department to increase efforts to reduce speeding and aggressive and impaired driving, heading off the behaviors that lead to increased incidents of motor vehicle accidents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA as follows: SECTION 1. The Chief of Police is hereby authorized to apply for grant funding from the Governor's Office of Highway Safety for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2018-2019. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution, including the execution of all agreements, contracts and documents related to GOHS funding for the Marana Police Department during fiscal year 2018-2019. Marana Regular Council Meeting 03/06/2018 Page 9 of 295 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of March, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Regular Council Meeting 03/06/2018 Page 10 of 295 .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C2 Meeting Date: 03/06/2018 To: Mayor and Council From: Keith Brann, Town Engineer Date: March 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. Initiative 9: Increase opportunities for positive interactions between the Police and the community utilizing the new police facility. Subject: Relating to Procurement; approving a change order to the Marana Public Safety Facility (PDFAC) project construction contract with CORE Construction, Inc. in the amount of $38,747.00; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Keith Brann) Discussion: Marana Town Code Section 3-4-7(B)(4) provides that Town Council approval is necessary for change orders that individually or cumulatively exceed $50,000. On August 31, 2017, CORE Construction was awarded a construction contract for $17,407,842.00 to construct the Marana Public Safety Facility (PDFAC). The project consists of construction of an approximately 55,000 square foot police facility to serve Marana's Police Department. Prior to the adoption of the Town's current Procurement Code, change orders were dealt with administratively. During that time, the Town processed a change order to the CORE Construction contract in the amount of $151,662.00, bringing the total current contract amount to $17,559,504.00. Town staff is now seeking Council approval of a second change order in the amount of $38,747.00 for specialized police equipment and storage containers. This second change order, coupled with the first change order, cumulatively exceeds $50,000 and therefore requires Council approval. Marana Regular Council Meeting 03/06/2018 Page 11 of 295 Financial Impact: Funding in the amount of $38,747.00, consisting of RICO funds, fund line 21731000-8015-PDFAC, is available within the Marana Public Safety Facility (PDFAC) project. There will be no financial impact to the project. Staff Recommendation: Staff recommends approval of the described change order. Suggested Motion: I move to approve a change order to the Marana Public Safety Facility (PDFAC) project construction contract with CORE Construction, Inc. in the amount of $38,747.00; to authorize the transfer of appropriations if necessary for the change order; and to authorize the Town Manager or designee to execute the necessary documents to effectuate the change order. Attachments No files) attached. Marana Regular Council Meeting 03/06/2018 Page 12 of 295 .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C3 Meeting Date: 03/06/2018 To: Mayor and Council Submitted For: Keith Brann, Town Engineer From: Keith Brann, Town Engineer Date: March 6, 2018 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: Principle Statement 2: We will seek and retain diverse industries and commerce. Initiative 15: Ensure capital improvement projects advance the community's economic development goals and adhere to aesthetic standards. Subject: Relating to Procurement; approving a change order to the Ina Road Pavement Reconstruction project (ST058) design contract with Dibble & Associates Consulting Engineers for the amount of $57,530.00; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order(Keith Brann) Discussion: Marana Town Code Section 3-4-7(B)(4) provides that Town Council approval is necessary for change orders that individually or cumulatively exceed $50,000. On October 7, 2016, Dibble & Associates Consulting Engineers was awarded a design contact for $94,105.00 for the Ina Road Pavement Reconstruction project (ST058). The project consists of pavement restoration, ADA upgrades, and sidewalk infill on Ina Road from Camino de Oeste to Meredith Blvd. The project also provides landscape improvements to achieve a uniform and new landscape appearance to this vital economic corridor of the Town. Prior to the adoption of the Town's current Procurement Code, change orders were dealt with administratively. During that time, the Town processed two change orders to the Dibble & Associates contract, in the amounts of $11,950.00 and $18,000.00 for a total current contract amount of $124,055.00. Town staff is now seeking Council approval of a Marana Regular Council Meeting 03/06/2018 Page 13 of 295 third change order in the amount of $ 57,530.00 for the added cost of including additional street lighting and conduit for future fiber optic communications along this road. This third change order, coupled with the first two change orders, cumulatively exceeds $50,000 and therefore requires Council approval. Financial Impact: Funding in the amount of $57,530.00 is available in the Marana Road Realignment project (ST044) within Transportation funds, fund line item 33043000-8015-ST044 and is proposed to be transferred to the Ina Road Pavement Reconstruction project (ST058) within Transportation funds, fund line item 33043000-8010-ST058. The proposed transfer is not expected to impact any other project. Staff Recommendation: Staff recommends approval of change order 3. Suggested Motion: I move to approve a change order to the Ina Road Pavement Reconstruction project (ST058) design contract with Dibble & Associates Consulting Engineers for the amount of $57,530.00; to authorize the transfer of appropriations if necessary for the change order; and to authorize the Town Manager or designee to execute the necessary documents to effectuate the change order. Attachments No files) attached. Marana Regular Council Meeting 03/06/2018 Page 14 of 295 .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C4 Meeting Date: 03/06/2018 To: Mayor and Council From: Keith Brann, Town Engineer Date: March 6, 2018 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: Principle Statement 2: WE WILL SEEK AND RETAIN DIVERSE INDUSTRIES AND COMMERCE. Initiative 15: Ensure capital improvement projects advance the community's economic development goals and adhere to aesthetic standards. Subject: Relating to Procurement; ratifying the Town Manager's approval of a change order to the Marana Road Realignment project(ST044) construction contract with Pima Paving Inc. in the amount of $101,345.00; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Keith Brann) Discussion: Marana Town Code Section 3-4-7(B)(4) provides that Town Council approval is necessary for change orders that individually or cumulatively exceed $50,000. However, Section 3-4-8(B) provides that the Town Manager may approve change orders to public improvements contracts that exceed that amount if the Town Manager determines that doing so will avoid unnecessary contractor delay claims or costs, or public health or safety hazards that would otherwise occur while awaiting Town Council approval. When the Town Manager approves a change order in these circumstances, Town Council ratification of the change order must occur as soon as practicable thereafter. On July 27, 2017, Pima Paving Inc. was awarded a construction contract for $1,711,686.00 for the Marana Road Realignment project (ST044). The project consists of constructing a two-lane road from Marana Road to Sandario Road with a roundabout at the intersection of Sandario and the realigned Marana Road. Prior to the adoption of the Town's current Procurement Code, change orders were dealt with administratively. Marana Regular Council Meeting 03/06/2018 Page 15 of 295 During that time, the Town processed two change orders to the Pima Paving contract in the amounts of $43,637 and $92,668, for a current contract total of $1,847,991. Town staff is now seeking approval of a third change order in the amount of $101,345.00 for the added cost of including additional street lighting at the roundabout. The lighting for the roundabout was a late addition to the project design. In the interest of schedule, Town staff bid the project with the foreknowledge that the lighting would be added when the design was complete. With an active construction contract and contactor in place, the Town Manager exercised his authority under section 3-4-8(B) of the Town Code to authorize change order 3, to avoid unnecessary contractor costs. This item is on the agenda for the Town Council to ratify the Town Manager's action. Financial Impact: Funding in the amount of $101,345.00 is available within the Marana Road Realignment (ST044) project. The funds available for use are Transportation Funds, GL Account # 33043000-8015-ST044. The proposed transfer is not expected to impact any other project. The total project budget can absorb this change order. Staff Recommendation: Staff recommends ratification of the Town Manager's approval of change order 3. Suggested Motion: I move to ratify the Town Manager's approval of a change order to the Marana Road Realignment project (ST044) construction contract with Pima Paving Inc. in the amount Of $101,345.00; to authorize the transfer of appropriations if necessary for the change order; and to authorize the Town Manager or designee to execute the necessary documents to effectuate the change order. Attachments No files) attached. Marana Regular Council Meeting 03/06/2018 Page 16 of 295 .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C5 Meeting Date: 03/06/2018 To: Mayor and Council From: Keith Brann, Town Engineer Date: March 6, 2018 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: Principle Statement 2: WE WILL SEEK AND RETAIN DIVERSE INDUSTRIES AND COMMERCE Initiative 13: Invest Town resources to ensure travel ways, public spaces, parks, public facilities, and other community spaces are clean, maintained, and showcase Marana's high standard of excellence. Subject: Relating to Procurement; approving the addition of $500,000 in expenditure authority to the Tangerine Sky Park (PK014) project for the addition of certain required hard structures; reducing expenditure authority of the Santa Cruz Shared Use Path - Phase II (PK006) project in the amount of $300,000 and the Santa Cruz Shared Use Path - El Rio to Avra Valley (PK013) project in the amount of $200,000; and authorizing the Town Manager or designee to execute any necessary documents to effectuate the addition to the expenditure authority for the Tangerine Sky Park (Keith Brann) Discussion: Marana Town Code Section 3-4-7 provides generally that the Town Council approves purchases through the inclusion of the purchase in the Town's adopted budget. However, per section 3-4-7(B)(3), separate Town Council approval is necessary where the purchase is authorized in the adopted budget but the funds exceed the budgeted amount by more than $50,000. The budget for fiscal year 2017-2018 was adopted on June 20, 2017. The Tangerine Sky Park (shown as Tangerine Corridor Community Park) was properly included within the Capital Improvement Plan and was budgeted at$2,898,790 with the Parks Impact Fee Fund as the source of funding. Early into the 2017-2018 fiscal year, the Parks and Marana Regular Council Meeting 03/06/2018 Page 17 of 295 Recreation Department identified a potential funding shortfall of $500,000 related to the addition of certain required hard structures at the Tangerine Sky Park. Those costs were included within the Infrastructure Improvement Plan (IIP) which accompanied the update to the parks impact fee program approved by Council on December 19, 2017 under Ordinance 2017.029. Town staff is now seeking Council approval for the addition of $500,000 in expenditure authority for the Tangerine Sky Park project. There is adequate expenditure authority within the Parks Impact Fee Fund for these additional costs and staff proposes to reduce the expenditure budgets of the Santa Cruz Shared Use Path - Phase II (PK006) project in the amount of $300,000 and the Santa Cruz Shared Use Path - El Rio to Avra Valley (PK013) project in the amount of $200,000. The $500,000 in expenditure authority, in turn, will be added to the Tangerine Sky Community Park project (PK014). Staff believes that the reduction in expenditure authority budgets will not have an impact on those projects. Financial Impact: Fiscal Year: 2018 Budgeted Y/N: N Amount: $500,000 There is adequate expenditure authority within the Parks Impact Fee Fund for the additional $500,000 in costs for certain, required hard structures at the Tangerine Sky Park. The proposed reduction of expenditure budgets of the Santa Cruz Shared Use Path - Phase II (PK006) in the amount of $300,000 and the Santa Cruz Shared Use Path - El Rio to Avra Valley (PK013) in the amount of $200,000 is not expected to have an impact on those projects. Staff Recommendation: Staff recommends approval of the described addition of expenditure authority for the Tangerine Sky Park project. Suggested Motion: I move to approve the addition of $500,000 in expenditure authority to the Tangerine Sky Park (PK014) project for the addition of certain required hard structures; to reduce expenditure authority of the Santa Cruz Shared Use Path - Phase II (PK006) project in the amount of $300,000 and the Santa Cruz Shared Use Path - El Rio to Avra Valley (PK013) project in the amount of $200,000; and to authorize the Town Manager or designee to execute any necessary documents to effectuate the addition to the expenditure authority for the Tangerine Sky Park. Attachments No files) attached. Marana Regular Council Meeting 03/06/2018 Page 18 of 295 'Ad � MARANA AZ ESTABLISHED 1 9 7 7 Council-Regular Meeting C6 Meeting Date: 03/06/2018 To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: March 6, 2018 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2018-018: Relating to Intergovernmental Relations; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Town of Marana, Northwest Fire District and Marana Unified School District No. 6 for development review and inspection, facility use and general cooperation (Jane Fairall) Discussion: The Town of Marana has long valued its cooperative relationships with Northwest Fire District (NWFD) and the Marana Unified School District (MUSD). The three entities have partnered many times in the past on the development of public and private facilities, and continue to work on finding innovative ways to serve their common constituents. In 2010, the three parties entered into a "tri-party" intergovernmental agreement (IGA) to formalize relationships with each other regarding several functional areas, most notably development services and facility use. The IGA formalized the policy and procedural elements related to these services as provided by the three entities to each other, as well as any costs that should be incurred as a result. In general, the IGA committed all three governments to waiving development services and facility use charges for each other in an effort to work cooperatively and minimize the overall cost of government to taxpayers. The most recent iteration of the IGA expires on March 18, 2018; however, the Town, NWFD and MUSD have negotiated a new proposed IGA, almost identical to the original, to continue this commitment for another four-year period. Each entity will present the proposed IGA to its governing board for approval. Marana Regular Council Meeting 03/06/2018 Page 19 of 295 Staff Recommendation: Staff recommends approval of the tri-party IGA. Suggested Motion: I move to adopt Resolution No. 2018-018, approving and authorizing the Mayor to execute an Intergovernmental Agreement among the Town of Marana, Northwest Fire District and Marana Unified School District No. 6 for development review and inspection, facility use and general cooperation. Attachments Resolution No. 2018-018 Exhibit A - IGA Marana Regular Council Meeting 03/06/2018 Page 20 of 295 MARANA RESOLUTION NO.2018-018 RELATING TO INTERGOVERNMENTAL RELATIONS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF MARANA, NORTHWEST FIRE DISTRICT AND MARANA UNIFIED SCHOOL DISTRICT NO. 6 FOR DEVELOPMENT REVIEW AND INSPECTION, FACILITY USE AND GENERAL COOPERATION WHEREAS the Town of Marana (the "Town") uses Marana Unified School District No. 6 ("MUSD') public facilities for its programs and services; and WHEREAS the Town and MUSD obtain development review, permitting and inspection services from Northwest Fire District (`NWFD') for their respective public facilities; and WHEREAS NWFD and MUSD obtain development review, permitting and inspection services from the Town for their respective public facilities; and WHEREAS NWFD, the Town and MUSD seek to establish guidelines relating to the development and use of public facilities in the town limits of the Town; and WHEREAS NWFD, the Town and MUSD desire to work cooperatively to provide excellent governmental services to their common constituents; and WHEREAS the Town Council finds that approval of an intergovernmental agreement between the three parties is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RES O LVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Intergovernmental Agreement among the Town of Marana, Northwest Fire District and Marana. Unified School District No. 6 attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. Marana Regular Council Meeting 03/06/2018 Page 21 of 295 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona., this 6th day of March, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Regular Council Meeting 03/06/2018 Page 22 of 295 Exhibit A to Marana Resolution No. 2018-018 INTERGOVERNMENTAL AGREEMENT AMONG TOWN OF MARANA, NORTHWEST FIRE DISTRICT,AND MARANA UNIFIED SCHOOL DISTRICT NO. 6 FOR DEVELOPMENT REVIEW AND INSPECTION,FACILITY USE,AND GENERAL COOPERATION This intergovernmental agreement ("Agreement") is entered into by and among TOWN OF MARANA, an Arizona municipal corporation ("Town"), MARANA UNIFIED SCHOOL DISTRICT NO. 6, a political subdivision of the state of Arizona ("School District"), and NORTHWEST FIRE DISTRICT, an Arizona special taxing district ("Fire District"). Town, School District and Fire District are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a"Party." I. Recitals A. Town, School District and Fire District may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952. B. The School District and Fire District are authorized by A.R.S. § 15-342 (13) and A.R.S. § 48-805 (B) (16) (a), respectively, to enter into intergovernmental agreements and contracts with other governing bodies as provided in A.R.S. § 11-952. C. Town and School District are authorized by A.R.S. § 15-364 to expend public monies and enter into agreements with each other for the operation and joint use of recreational facilities on properties used for school purposes under the control of the School District. D. School District is authorized by A.R.S. § 15-363 to contract with Town to operate school buildings and grounds for the purpose of providing a public play and recreation center and may organize and conduct such recreation activities which contribute to the physical, mental and moral welfare of youths residing in the vicinity. E. Town, School District and Fire District serve citizens and further the public interest by permitting common use of their facilities, personnel, equipment and services in order to minimize expense to their common citizens, improve service delivery and provide enhanced resources to the community for the benefit of their common citizens. F. Municipalities, school districts and special taxing districts may enter into agreements to establish responsibilities relating to the review of development plans, issuance of various permits and construction of new facilities. G. It is the desire of the Parties hereto that Town and Fire District permit and inspect the construction of new school, municipal and fire facilities and the remodeling of existing facilities within the geographic limits of Town. H. Town, School District and Fire District desire to establish the responsibilities of all Parties in the development review process. 00056148.DOC/1 - 1 - Marana Regular Council Meeting 03/06/2018 Page 23 of 295 Exhibit A to Marana Resolution No. 2018-018 I. School District provides Town use of School District facilities at little or no charge as a benefit to the community and the Town determines it is in the public interest to consider the benefit of such use in the imposition of fees by Town for development review and inspection of new school facilities and remodeling of existing facilities. J. Fire District provides Town use of development review and inspection staff at little or no charge as a benefit to the community and Town determines it is in the public interest to consider the benefit of such use in the imposition of fees by Town for development review and inspection of new fire facilities and remodeling of existing facilities. K. It is the desire of the Parties, recognizing that they serve the same citizens, that they cooperate by charging each other only for those legally mandated costs and those direct, out-of-pocket expenses while otherwise allowing Town, School District and Fire District use of each other's facilities at no charge. II.Definitions A. "Mandatory Charge" means a Town impact fee or charge not prohibited by A.R.S. § 9-500.18 which the Town, by statute, contract, bond indenture, or code is required to charge. B. "Out-of-Pocket Costs" shall include those direct costs incurred by Town, School District or Fire District over and above normal operating costs budgeted for and expended by each Party. The intent of this definition is to reimburse only those additional direct costs each Party incurs from providing services or facilities to the other. Examples of such costs would include: (1) The cost to one Party for custodial time related directly to services provided for the needs of another Party. (2) The cost to one Party for contracting out expedited services related to the construction projects of another Party. (3) The cost of utilities incurred by one Party outside normal use that is directly related to services of another Party. Such utility costs shall not be considered "Out-of-Pocket Costs" as long as they remain approximately equal to the value of in-kind services provided by the Parties to each other pursuant to this Agreement. If at some point in the future the Parties agree that the cost of utilities under this subparagraph exceeds the value of the in-kind services, then the Parties shall determine mutually acceptable utility costs. (4) The labor and equipment cost to one Party to repair damages to facilities related directly to services provided for the needs of another Party. 00056148.DOC/1 - 2 - Marana Regular Council Meeting 03/06/2018 Page 24 of 295 Exhibit A to Marana Resolution No. 2018-018 III. Covenants A. Town's Obligations: Town recognizes that prompt development review and inspection services assist School District and Fire District in performing their constitutionally and statutorily mandated duties. The Town agrees to: (1) Provide all building, mechanical, electrical, plumbing, and Americans with Disabilities Act related inspections, review and permitting services to School District and Fire District to enable compliance with the provisions of A.R.S. § 34-461. (2) Provide development plan review and land use review services to School District and Fire District to enable compliance with the provisions of the Town's general plan, land development code, and related land use ordinances, including landscaping and onsite parking requirements. Town, in providing such review, shall recognize School District's and Fire District's obligations under the Constitution of the State of Arizona to provide services to all residents within their respective boundaries and shall not apply its land development code, site plan requirements and related land use ordinances in such a manner that would interfere with School District's or Fire District's responsibilities to meet their respective constitutional mandates. Town shall require that School District submit development plans for review, but shall also recognize that School District is not required to obtain Town approval for the location of schools and other facilities or the size, configuration, or shape of School District buildings. (3) Provide administrative plan review and engineering review services to School District and Fire District for offsite improvements consisting of streets, drainage, right-of- way and traffic control to comply with the provisions of Town's development codes and infrastructure guidelines. (4) Provide administrative utility plans review services to School District and Fire District to enable compliance with Title 14 of the Marana Town Code. Town services shall consist of reviewing School District's and Fire District's respective connections from their meters to Town's utility lines and the construction of all offsite utility lines required to provide utility services consisting of Water to School District and Fire District facilities. (5) Provide administrative utility plan review services to School District and Fire District to enable compliance with Town standards. Town services shall consist of reviewing School District's and Fire District's respective construction of all offsite utility lines required to provide wastewater utility services consisting of wastewater to School District and Fire District facilities. (6) Charge School District and Fire District no fees or assessments related to building development and cooperate with School District and Fire District in permitting use of Town facilities and services, as determined by Town, to the extent legally permissible at no cost other than Mandatory Charges as set forth in this Agreement and direct Out-of-Pocket Costs incurred by Town. School District and Fire District recognize Fire District recognize that Town may have certain facilities that may have limited use due to Town's governmental functions and responsibilities. 00056148.DOC/1 - 3 - Marana Regular Council Meeting 03/06/2018 Page 25 of 295 Exhibit A to Marana Resolution No. 2018-018 (a) In consideration of School District's and Fire District's obligations under the terms of this Agreement, Town shall charge the School District and Fire District only the following Mandatory Charges: (i) Administrative utility plans review, connection, inspection, and any other utility-related applicable development fees. (ii) Any development-related fee that the Town charges that is pursuant to an intergovernmental agreement between the Town and a third political subdivision or party. (111) Any development-related fees charged to Town by consulting or contracted reviewers relating to plans submitted by to Town by Fire District or School District. Town shall have discretion as to which plans are reviewed by consulting or contracted reviewers. (iv) Any applicable impact fees. (b) The Mandatory Charges may be modified by Town from time to time upon notice to School District and Fire District in the manner required for the amendment of development fees by Town pursuant to A.R.S. § 9-463.05. Such modified fees shall not be applicable to any project on file with Town on the date that the new fees become effective. For purposes of this provision, "project" means a development application submitted by School District or Fire District to Town proposing to construct a new facility or to remodel an existing facility. (c) The Mandatory Charges expressly do not include any of the following charges: (i) Building permit fees (11) Plan review fees, except as specified in § III(A)(6) of this Agreement (111) Grading/drainage inspection/permit fees (iv) Off-site improvement permit fees (v) Conditional Use Permit application fees (vi) Site Plan application fees (vii) Right-of-way review/permit fees (7) Waive facility rent for School District and Fire District use of Town facilities pursuant to a schedule formulated annually. In all cases, Town's own use of its facilities shall take precedence. (8) Permit School District and Fire District to use, at no charge, Town's buildings and facilities as determined by Town, subject to Town Council's adopted policies and use guidelines and in accordance with the terms of specific permits and agreements between School District or Fire District and Town for the use of the buildings and facilities. School District and Fire District recognize that Town may limit use of sites due to need or function. 00056148.DOC/1 - 4 - Marana Regular Council Meeting 03/06/2018 Page 26 of 295 Exhibit A to Marana Resolution No. 2018-018 (a) Town shall be solely responsible for all repair and maintenance of Town facilities. School District, Fire District and Town agree that the decisions on maintenance and repair of Town facilities are non-delegable decisions of the Town. However, School District and Fire District shall be responsible for the costs of any repairs that are necessary and directly attributable to their respective uses of Town facilities. (b) School District and Fire District shall be responsible for the costs of utility, janitorial, and security services at Town facilities where the need for such services is directly attributable to respective uses by School District and Fire District. (9) Pay School District or Fire District all Out-of-Pocket Costs incurred by School District or Fire District, respectively, in the performance of this Agreement which are properly billed to Town. B. School District's Obligations: School District recognizes that use of its buildings and facilities for Town and Fire District programs and services benefits the entire community. The School District agrees to: (1) Comply with the provisions of Town's general plan but shall be exempt from Town's zoning ordinance and related development ordinances, unless State statute or regulation has preempted Town's review, and shall ensure that its construction meets minimum code standards. (2) Submit, for review by Town, development plans for construction or renovation of School District facilities. (3) Comply with the provisions of Town's building codes, engineering and plan review codes, infrastructure guidelines, utility codes and development rules and/or the terms of this Agreement, in the same manner as any private party, subject to the preemption of Town's review by State statute or regulation. (4) Comply with any additional development provisions enacted by Fire District, including but not limited to: fire codes, engineering and plan review codes, infrastructure guidelines, utility codes and development rules and/or the terms of this Agreement, in the same manner as any private party, subject to the preemption of Fire District's review by State statute or regulation. (5) Pay Mandatory Charges imposed by Town and Fire District for performance of the services under the Town Obligations and Fire District Obligations sections of this Agreement. In exchange for Town's and Fire District's waivers of all other charges imposed by Town and Fire District for all related and expansion fees under Town Obligations and Fire District Obligations sections of this Agreement, School District shall waive facility rent for Town and Fire District use of School District facilities pursuant to a schedule formulated annually. In all cases, School District's own use of its facilities shall take precedence. 00056148.DOC/1 - 5 - Marana Regular Council Meeting 03/06/2018 Page 27 of 295 Exhibit A to Marana Resolution No. 2018-018 (6) Permit Town and Fire District to use at no charge School District's buildings and facilities as determined by School District, subject to School District Governing Board's adopted policies and use guidelines and in accordance with the terms of specific permits and agreements between Town, Fire District and School District for the use of the buildings and facilities. Town and Fire District recognize that School District may limit use of sites due to school overcrowding, need or function. (a) This permission shall specifically include certain outdoor School District facilities, including tracks, courts and athletic fields. (b) School District buildings and facilities shall be available for use by Town and Fire District throughout the calendar year. (c) School District shall be solely responsible for all repair and maintenance of School District facilities. School District, Fire District and Town agree that the decisions on maintenance and repair of School District facilities are non-delegable decisions of School District. However, Town and Fire District shall be responsible for the costs of any repairs that are necessary and directly attributable to their respective uses of School District facilities. (d) Town and Fire District shall be responsible for the costs of utility,janitorial, and security services at School District facilities where the need for such services is directly attributable to respective uses by Town and Fire District. C. Fire District's Obligations: Fire District recognizes that prompt development review and inspection services assist School District and Town in performing their constitutionally and statutorily mandated duties. Fire District agrees to: (1) Provide all appropriate fire prevention, mechanical, electrical, plumbing, engineering, infrastructure, utility and development inspections, review and permitting services to School District and Town to enable compliance with the provisions of A.R.S. § 34-461. (2) Provide administrative site plan review services to School District and Town to enable compliance with the provisions of the Town's fire code and related codes and ordinances. Fire District, in providing such review, shall recognize School District's and Town's obligations under the Constitution of the State of Arizona to provide services to all residents within their respective boundaries and shall apply the fire code and related codes and ordinances to ensure the minimum fire safety requirements for new and existing buildings, facilities, storage and processes are in compliance in accordance with the fire code and local amendments. (3) Provide at least one qualified employee to Town for on-site plan review, consultation with Town staff, Town pre-application meetings and other such activities relating to development, as requested by the Town. Town shall provide the Fire District employee with a work station and supplies at the Marana Municipal Complex, 11555 West Civic Center Drive, Marana, Arizona, 85653. 00056148.DOC/1 - 6 - Marana 6 - Marana Regular Council Meeting 03/06/2018 Page 28 of 295 Exhibit A to Marana Resolution No. 2018-018 (4) Charge School District and Town no fees or assessments related to building development and cooperate with School District and Town in permitting use of Fire District facilities and services, as determined by Fire District, to the extent legally permissible at no cost other than Mandatory Charges as set forth in this Agreement and direct Out-of-Pocket Costs incurred by Fire District. School District and Town recognize that Fire District may have certain facilities that may have limited use due to Fire District's governmental functions and responsibilities. (a) In consideration of School District's and Town's obligations under the terms of this Agreement, Fire District shall charge School District and Town only the following Mandatory Charges: (i) Any development-related fee that Fire District charges that is pursuant to an intergovernmental agreement between the Fire District and a third political subdivision or party. (11) Any development-related fees charged to Fire District by consulting or contracted reviewers relating to plans submitted by to Fire District by Town or School District. Fire District shall have discretion as to which plans are reviewed by consulting or contracted reviewers. (b) The Mandatory Charges may be modified by Fire District from time to time upon notice to the School District and Town and upon adoption and/or amendment of a fee schedule in the manner required by A.R.S. § 48-805. Such modified fees shall not be applicable to any project on file with the Fire District or Town on the date that the new fees become effective. For purposes of this provision, "project" means a development application submitted by School District or Town to Fire District proposing to construct a new facility or to remodel an existing facility. (c) The Mandatory Charges expressly do not include any of the following charges: (i) Permit fees (11) Inspection fees (111) Plan review fees, except as specified in § III(C)(4) of this Agreement (iv) Plan or submittal application fees (5) Waive facility rent for School District and Town use of Fire District facilities pursuant to a schedule formulated annually. In all cases, Fire District's own use of its facilities shall take precedence. (6) Permit School District and Town to use, at no charge, Fire District's buildings and facilities as determined by Fire District, subject to Fire District Governing Board's adopted policies and use guidelines and in accordance with the terms of specific permits and agreements between School District or Town and Fire District for the use of the buildings and facilities. School District and Town recognize that Fire District may limit use of sites due to need or function. 00056148.DOC/1 - 7 - Marana Regular Council Meeting 03/06/2018 Page 29 of 295 Exhibit A to Marana Resolution No. 2018-018 (a) Fire District shall be solely responsible for all repair and maintenance of Fire District facilities. School District, Fire District and Town agree that the decisions on maintenance and repair of Fire District facilities are non-delegable decisions of Fire District. However, School District and Town shall be responsible for the costs of any repairs that are necessary and directly attributable to their respective uses of Fire District facilities. (b) School District and Town shall be responsible for the costs of utility, janitorial, and security services at Fire District facilities where the need for such services is directly attributable to respective uses by School District and Town. (7) Pay School District or Town all Out-of-Pocket Costs incurred by School District or Town, respectively, in the performance of this Agreement which are properly billed to Fire District. D. Priority Use of Facilities: School District, Fire District and Town shall work cooperatively to reserve facilities. All Parties agree that each Party will have priority use of its own facilities. Second priority in the use of facilities will be all Town programs approved by the School District which are part of Town's Parks and Recreation programming. Third priority in the use of facilities will be all Town, School District or Fire District programs which are not a part of Town's Parks and Recreation programming. Town, School District and Fire District will make requests for facility use at least two weeks before the date the facility is needed. E. Cash Handling: Town is authorized on behalf of the Fire District to collect and remit payment for services rendered by Fire District for development review, inspection and permitting. Town shall remit all payment collected on behalf of Fire District to Fire District no later than the 15th day of the month following the month in which payment was collected. F. Mobile Stage: Fire District and School District are permitted to use the Town's mobile stage at no cost within their respective district corporate boundaries. IV. Notices Notices required or permitted hereunder shall be given in writing and personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier service, addressed as follows: To School District: District Superintendent Marana Unified School District No. 6 11279 West Grier Road Marana, Arizona 85653 With a Copy To: John C. Richardson, Esq. Deconcini, McDonald, Yetwin&Lacy, P.C. 2525 East Broadway Road, Suite 200 Tucson, Arizona 85716 00056148.DOC/1 - 8 - Marana 8 - Marana Regular Council Meeting 03/06/2018 Page 30 of 295 Exhibit A to Marana Resolution No. 2018-018 To Fire District: Fire Chief Northwest Fire District 5225 West Massingale Road Tucson, Arizona 85743 With a Copy To: Thomas Benavidez, Esq. Benavidez Law Group, P.C. 7400 North Oracle Road, Suite 143 Tucson, Arizona 85704 To Town: Town Manager Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 With a Copy To: Town Attorney Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Or at any other address designated by School District, Fire District or Town in writing. V. Term A. This Agreement is effective March 18, 2018, and shall continue in effect for four years, unless sooner terminated by any Party. Any Party may terminate its participation in this Agreement upon 60 days written notice to all Parties. B. On or before the anniversary date of this Agreement, on an annual basis, the District Superintendent or his/her designee, Fire Chief or his/her designee and the Town Manager or his/her designee may meet and confer in good faith on the operation of the Agreement and suggest changes, if necessary, for consideration by the governing bodies of School District, Fire District and Town. VI. Insurance and Indemnification A. The Parties agree that they shall maintain for the duration of this Agreement policies of public liability insurance sufficient to cover all of their obligations undertaken in the implementation of this Agreement. B. School District, Fire District and Town shall secure and maintain property insurance coverage protecting their personal property against all risk of physical damage loss for their full replacement cost. School District, Fire District and Town shall obtain similar coverage for any personal property they maintain at each other's facilities pursuant to this Agreement. Unless one of the Parties' personal property is damaged by the actions of another of the Parties or its agents or invitees, School District, Fire District and Town agree to rely on their respective property insurance coverage for all other personal property damages. 00056148.DOC/1 - 9 - Marana 9 - Marana Regular Council Meeting 03/06/2018 Page 31 of 295 Exhibit A to Marana Resolution No. 2018-018 C. For purposes of Workers' Compensation, an employee of a Party to this Agreement who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of, another Party pursuant to this specific Agreement, is deemed to be an employee of both Parties, as provided in A.R.S. § 23-1022(D). The primary employer of such employee shall be solely liable for payment of Workers' Compensation benefits for the purposes of this paragraph. Each Party shall comply with the notice provisions of A.R.S. § 23-1022(E). D. To the fullest extent permitted by law, each Party (as "Indemnitor") agrees to indemnify, defend and hold harmless the other Parties, its officers, officials, employees, agents, volunteers, successors, and assigns (as "Indemnitees") from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney fees), hereinafter collectively referred to as "claims," arising out of bodily injury to any person (including death) or property damage, but only to the extent that such claims which result in liability to the Indemnitees, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers, successor, or assigns, provided, however, that the Indemnitor shall have no obligation to indemnify the Indemnitee for the Indemnitee's passive negligence. VII. Cancellation for Conflict This Agreement is subject to cancellation in certain conflict of interest situations pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein. VIII. Governing Law A. This Agreement shall be construed and governed in accordance with the laws of the State of Arizona. B. During the performance of this Agreement, Town, School District and Fire District agree to comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, nondiscrimination and affirmative action. IX. Remedy A. All Parties agree to use good faith efforts to informally resolve disputes arising out of this Agreement. B. Any Party may pursue any remedies provided by law for breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. X. Waiver Waiver by any Party of any breach of any term, covenant or condition herein shall not be deemed a waiver of any other term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. 00056148.DOC/1 - 10 - Marana Regular Council Meeting 03/06/2018 Page 32 of 295 Exhibit A to Marana Resolution No. 2018-018 XI. Force Majeure A Party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the Party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the Parties, order of any government officer or court (excluding orders promulgated by the Parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such Party could not reasonably have been expected to avoid. Any Party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. XII. Miscellaneous Provisions A. Amendments to this Agreement shall be in writing, signed by all Parties to the Agreement. Formal amendments shall not be needed to notify Parties of address changes, changes in position titles, etc. Such information may be provided via correspondence between the Parties. B. This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations or agreements, either written or oral. C. If any provision of this Agreement is declared invalid or unenforceable, the remainder shall continue in full force and effect. D. The Parties warrant that they comply with all federal immigration laws and regulations that relate to their employees and that they comply with A.R.S. § 23-214(A). The Parties acknowledge that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that each of the other Parties retains the legal right to inspect the papers of any employee who works on the Agreement to ensure compliance with this warranty. E. This Agreement shall supersede any prior intergovernmental agreements, memoranda of understanding or other agreements that two or more of the Parties have entered into to the extent that the provisions of those prior agreements are in conflict with the provisions of this Agreement. This Agreement shall not supersede any prior intergovernmental agreements, memoranda of understanding or other agreements that two or more of the Parties have entered into that are not in conflict with this Agreement. F. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall operate or be interpreted to expand, increase or extend the jurisdiction of any of the Parties beyond the jurisdiction granted by applicable Arizona law. 00056148.DOC/1 - Marana Regular Council Meeting 03/06/2018 Page 33 of 295 Exhibit A to Marana Resolution No. 2018-018 G. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same Agreement. H. The Parties certify, pursuant to A.R.S. 35-393.01, that they will not engage in a boycott of Israel. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. The"TOWN": The "SCHOOL DISTRICT": TOWN OF MARANA, an Arizona municipal MARANA UNIFIED SCHOOL DISTRICT NO. 6, an corporation Arizona political subdivision By: By: Ed Honea, Mayor Tom Carlson, Board President Date: Date: ATTEST: ATTEST: Jocelyn C. Bronson, Town Clerk Brenda Drury, Board Recorder The "FIRE DISTRICT": NORTHWEST FIRE DISTRICT., an Arizona special taxing district By: George Carter, Board Chairman Date: ATTEST: Becky Hicks, Board Clerk 00056148.DOC/1 - 12 - Marana Regular Council Meeting 03/06/2018 Page 34 of 295 Exhibit A to Marana Resolution No. 2018-018 INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Agreement by and between the Town of Marana, Marana Unified School District No. 6 and Northwest Fire District has been reviewed pursuant to A.R.S. § 11-952 by the undersigned who have determined, for their respective clients, that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Town of Marana: Frank Cassidy, Town Attorney Date Marana Unified School District No. 6: John C. Richardson, Attorney for the District Date Northwest Fire District: Thomas Benavidez, Attorney for the District Date 00056148.DOC/1 - 13 - Marana Regular Council Meeting 03/06/2018 Page 35 of 295 .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C7 Meeting Date: 03/06/2018 To: Mayor and Council Submitted For: Erik Montague, Finance Director From: Keith Brann, Town Engineer Date: March 6, 2018 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: Principle Statement 2: We will seek and retain diverse industries and commerce. Initiative 13: Invest Town resources to ensure travel ways,public spaces,parks,public facilities, and other community spaces are clean,maintained, and showcase Marana's high standard of excellence. Subject: Resolution No. 2018-019: Relating to Administration; approving the transfer of up to $350,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2017-2018 budget to the Downtown Marana Reinvestment Fund construction line item for the hard scape and related landscaping of the newly constructed roundabout at Marana Main Street and Sandario Road (Erik Montague) Discussion: On January 9, 2018, staff of the Department of Economic Development and Tourism, in collaboration with the Town Manager's Office, presented a landscape design-build process with The Planning Center along with various improvement options for the newly constructed roundabout at Marana Main Street and Sandario Road. Based upon direction received, staff advanced the preferred landscaping option including obtaining estimates of cost. This project is estimated to cost $400,000 with $350,000 of the cost paid from the Downtown Marana Reinvestment Fund (DMRF) and $50,000 paid from the HURF. The purpose of tonight's item is to request a transfer of $350,000 in General Fund contingency expenditure authority to the DMRF construction line item for the hard scape and related landscaping of the newly constructed roundabout at Marana Main Street and Sandario Road. The budget for fiscal year 2017-2018 was adopted on June 20, Marana Regular Council Meeting 03/06/2018 Page 36 of 295 2017 which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds. Council approval is required for budgetary transfers between the General Fund and any other fund. It is important to note that this request is only to move expenditure authority between funds. No cash will transfer out of the General Fund as the DMRF has adequate reserve cash balances for these expenditures. Financial Impact: Fiscal Year: 2018 Budgeted Y/N: N Amount: $400.1000 The estimated cost of this project is $400,000. Of which, $350,000 would be paid from the Downtown Marana Reinvestment Fund (DMRF) and $50,000 would be paid by the Highway User Revenue Fund. There are adequate cash reserves in the DMRF to pay for the $350,000 in cost. Staff Recommendation: Staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2018-019, approving the transfer of up to $350,000 in budgeted expenditure authority from the General Fund contingency line item to the Downtown Marana Reinvestment Fund construction line item for the hard scape and related landscaping of the newly constructed roundabout at Marana Main Street and Sandario Road in the fiscal year 2017-2018 budget. Attachments Resolution No. 2018-019 Marana Regular Council Meeting 03/06/2018 Page 37 of 295 MARANA RESOLUTION NO,2018-019 RELATING TO ADMINISTRATION; APPROVING THE TRANSFER OF UP TO $350,000 IN BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND CONTINGENCY LINE ITEM IN THE FISCAL YEAR 2017-2018 BUDGET TO THE DOWNTOWN MARANA REINVESTMENT FUND CONSTRUCTION LINE ITEM FOR THE HARD SCAPE AND RELATED LANDSCAPING OF THE NEWLY CONSTRUCTED ROUNDABOUT AT MARANA MAIN STREET AND SANDARIO ROAD WHEREAS on June 20, 2017, the Town Council adopted the fiscal year 2017-2018 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS the Town Council desires to transfer budgeted expenditure authority in the fiscal year 2017-2018 budget of up to $350,000 from the General Fund contingency line item to the Downtown Marana Reinvestment Fund construction line item for hard scape and landscaping at the newly constructed roundabout at Marana Main Street and Sand ari o Road;and WHEREAS transferring budgeted expenditure authority from the contingency fund of up to $350,000 within fiscal year 2017-2018 will not significantly impact the General Fund; and WHEREAS reallocations of budgeted expenditure authority between the contin- gency line item in the General Fund to other line items are necessary from time to time; and WHEREAS the Council finds that the reallocations addressed by this resolution are in the best interest of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The transfer of up to $350,000 in budgeted expenditure authority from the General Fund's budgeted contingency line item in the fiscal year 2017-2018 budget to the Downtown Marana Reinvestment Fund construction line item for hard scape and landscaping at the newly constructed roundabout at Marana Main Street and Sandario Road is hereby approved. Marana Regular Council Meeting 03/06/2018 Page 38 of 295 SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, ob- ligations,and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of March, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Regular Council Meeting 03/06/2018 Page 39 of 295 .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C8 Meeting Date: 03/06/2018 To: Mayor and Council From: Laine Sklar, Town Magistrate Date: March 6, 2018 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2018-020: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pima County for provision of video-court hearings of municipal prisoners for 2018-2019 (Laine Sklar) Discussion: Marana Municipal Court utilizes technology and staff from the Pima County Adult Detention Center to conduct video hearings for prisoners who have been arrested, held, or sentenced for their Marana Municipal Court charges. This is the most efficient way to ensure these individuals are seen by a judge in Marana in a timely manner without having to bear the cost, risk, and complications associated with transporting these defendants to the court to be seen in person. The attached IGA is substantially the same as the IGA approved by the Council for 2017-2018. This resolution approves the agreement and authorizes the Mayor to execute it on behalf of the Town. The agreement has a one year term, from July 1, 2018 to June 30, 2019, and may be extended for an additional four years. Financial Impact: Fiscal Year: 2019 Budgeted Y/N: Y Amount: $15.1000 Staff Recommendation: Marana Regular Council Meeting 03/06/2018 Page 40 of 295 Staff recommends approval of the IGA. Suggested Motion: I move to adopt Resolution No. 2018-020 approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pima County for the provision of video-court hearings of municipal prisoners for 2018-2019. Attachments Resolution No. 2018-020 2018-19 Video Court IGA Marana Regular Council Meeting 03/06/2018 Page 41 of 295 MARANA RESOLUTION NO.2018-02 0 RELATING TO MUNICIPAL COURT; AP P RO VIN G AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR PROVISION OF VIDEO-COURT HEARINGS OF MUNICIPAL PRISONERS FOR 2018-2019 WHEREAS individuals who are incarcerated pursuant to charges and orders under the jurisdiction of the Marana. Municipal Court are held at the Pima County Adult Detention Center; and WHEREAS the Pima County Adult Detention Center has the staff and technology necessary for these prisoners to appear in Marana Municipal Court via video-conferencing; and WHEREAS the Town of Marana. and Pima. County desire to enter into an agreement to provide video-court hearings for Marana. Municipal Court prisoners; and WHEREAS the parties may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952,et seq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RES O LVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between the Town of Marana and Pima. County for provision of video-court hearings of municipal prisoners attached as Exhibit A to and incorporated by this reference in this resolution is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of March, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Regular Council Meeting 03/06/2018 Page 42 of 295 INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND PIMA COUNTY FOR PROVISION OF VIDEO-COURT HEARINGS OF MUNICIPAL PRISONERS THIS INTERGOVERNMENTAL AGREEMENT (IGA), is entered into pursuant to ARS § 11-952 (as amended) by and between: THE TOWN OF MARANA, a municipal corporation, (hereinafter sometimes referred to as the "Town"); a n d THE COUNTY OF PIMA, a body politic and corporate, a political subdivision of the State of Arizona, (hereinafter sometimes referred to as the "County"). WHEREAS the Parties desire to enter into an agreement to provide video-court hearings for municipal prisoners; and WHEREAS the Town and County may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and WHEREAS the provision of video-court hearings for municipal prisoners will be in the best interests of the Parties and the citizens of Pima County. NOW THEREFORE, THE TOWN AND COUNTY HEREBY AGREE AS FOLLOWS: 1_ The County of Pima's Sheriff's Department Corrections Bureau shall provide the Town of Marana's Municipal Court with a video court session between Marana Municipal Court (MMC) and the Pima County Adult Detention Center (PCADC). 2. PCADC will be responsible for pulling MMC's inmate files and preparing them for court, preparing their inmates for court, providing security in the courtroom, providing clerical support for court documentation and faxing required documentation back to MMC. 3. MMC shall fax PCADC's Records Unit appropriate documentation on each MMC defendant prior to the defendant leaving the video court session. 4. Each video court session will be held week days beginning at 1290 hours. This session both Town and County agree that this schedule may be changed based on either party's need for more video court time, or based on other factors that could require a different schedule. MMC shall complete the video court session no later than 1300 hours. Any hearing extending past 1300 hours shall be continued at a later date. 5. Town of Marana will a for u to three hours of video court week) which will oV r th osf of pay p Y one Corrections Officer for one hour per scheduled day for security. The current. lar�atd for these employees is: M Co Corrections Officer (1 hour) $35.73 , Total for three hours: $107.19 N J M V a 1 6. "Town of Marana Prisoner" shall mean any person who has been incarcerated as a r"uit`"0f a L Marana Regular Council Meeting 03/06/2018 Page 43 of 295 charge pending in the Town of Marana Court, as a result of an agreement between the Town of Marana and another jurisdiction to allow the person to serve his/her sentence locally, or has been sentenced pursuant to an order of the Town of Marana Court and for whom the Town of Marana has the legal obligation to provide or pay for prisoner housing (this Agreement does not create such an obligation, that obligation exists under current Arizona Law). A prisoner arrested by the Town of Marana Police Department solely on another governmental entity warrant is not a Town of Marana prisoner. 7. Criteria and Rules Governing Billing. a. A "billable video-court session" is defined as that period commencing at 1260 hcWts 4pd NOVIn ending at 1300 hours Monday, Wednesday and Thursday, or any fractional part tageof. b. Should a "billable video-court session" not occur in any g Y given day, the To n of l arOEF `�. will not be billed that day. ' C. The Town of Marana will be billed monthly for these services. Invoic it fore these services will be separate from the monthly incarceration billing invoice and 1n1USt' Paid separately. � w S. Criteria for Assessment of Billing_ as The costs of a "billable video-court session" shall be based on the current rates of salary each involved class of employee currently earns. These rates are subject to increase as wages increase for the classification. b. County will give Town a thirty (30) day notice of any salary rate increase and Town will be billed accordingly. 9. County will submit a statement of Town of Marana video-court session charges on a monthly basis. This statement shall provide information in chronological order as follows: billing period, dates of video court sessions, weekly costs of individual employees, weekly totals, and the monthly total bill. Any individual video court session charge contested shall be made known to the County within 30 days after receipt of the monthly billing. If the Town notifies the County of a dispute within 30 days of receipt of the monthly billing, the Town may withhold payment on those specific video court sessions for which billing is disputed until the dispute has been resolved. No dispute will be accepted if not made within 30 days after the receipt on the monthly billing. Disputes about the billing statement shall be jointly reviewed by both parties and satisfactorily resolved within 45 days of the monthly billing. All charges shall be paid within sixty days of receipt of the monthly billing, excluding contested charges. Contested charges shall be paid within 30 days of resolution of the dispute. Charges remaining unresolved after the 50-day period may be arbitrated by a mutually acceptable third party. Town agrees to pay interest on outstanding charges beginning on the 1 oth day after resolution of the billing at a rate of 10% per annum until paid. Town agrees that when a check is sent to County in payment of previously disputed charge, Town will attach an invoice detailing what specific charges are being paid. Town agrees that when funds are withheld due to a disputed charge, the specific charge being disputed, and the amount of payment being withheld, will be specified on an invoice attached to the payment check for the period in which the charge disputed was included. Town agrees to attach to each check submitted to County an invoice indicating the dates for which that check is to be applied. Marana Regular Council Meeting 03/06/2018 Page 44 of 295 10 This Agreement shall cover the time period from July 1, 2018 through and including June 30, 2019. This Agreement may be extended for four (4) additional one (1) year lr-c , r Any portion thereof. Any extension of this Agreement shall be by written amendment . fat d°by the governing bodies of the parties. 11. Neither party shall be obliged to the other party for any costs incurred pu suan to .; V,Agreement, except as herein provided. � 12. Nothing in this Agreement shall be construed as either limiting or extending° the 6;atutory .. jurisdiction of either of the signing parties hereto. c 13. To the extent permitted by law, each party agrees to indemnify, defend and save harmless the other, their appointed boards and commissions, officials, employees and insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogation, attorney's fees or actions of any kind resulting from all personal injury including bodily injury and death, and property damage occasioned during the term of this Agreement for acts or omissions of such party, its agents, officials, and employees. Each party represents that it shall maintain for the duration of this Agreement, policies of public liability insurance covering all of their operations undertaken in implementation of this Agreement, providing bodily injury limits of not less than Five Hundred Thousand Dollars ($500,000) for any one person, of not less than one Million Dollars ($1,000,000) for any one occurrence, and property damage liability to a limit of not less than One Hundred Thousand Dollars ($100,000). The parties may fulfill the obligations of this Article by programs of self-insurance equivalent in coverage. 14. The parties agree to be bound by arbitration, as provided in Arizona Revised Statutes, § 12-1501 et. seq. to resolve disputes arising out of this Agreement where the sole relief sought is monetary damage of$50,000 or less, exclusive of interest and costs. 15. Notwithstanding any other provision in this Agreement, this Agreement may be terminated with thirty days notice, if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, County shall have no further obligation to the Town other than for services already provided. 16. Either party may, at any time and without cause, cancel this Agreement by providing ninety (90) days written notice of intent to cancel. 17. This Agreement is subject to cancellation for conflict of interest pursuant to the provisions of ARS § 38-511. 18. Each party to this Intergovernmental Agreement shall comply with all federal, state, and local laws, rules, regulations, standards, and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement, and any disputes hereunder. Any action relating to this Agreement shall be brought in a court of the State of Arizona in Pima County. Any charges in the governing laws, rules, and regulations during the terms of this Agreement shall apply, but do not require an amendment. 19. TOWN and COUNTY will not discriminate against any TOWN or COUNTY employee, client or any other individual in any way involved with the TOWN or COUNTY, because of race, age, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this Intergovernmental Agreement. TOWN and COUNTY agree to comply with the provisions of Arizona Executive Order 99-4, which are incorporated into this agreement by Marana Regular Council Meeting 03/06/2018 Page 45 of 295 reference as if set forth in full, 20. Each party shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 191-338, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 38. 21. This document constitutes the entire Intergovernmental Agreement between the parties and shall not be modified, amended, altered or changed except through a written amendment executed by the parties' governing bodies. SIGNED AND ATTESTED THIS DAY OF 28181 ATTEST: TOWN OF MARANA, a municipal corporation Town of Marana Clerk Mayor ATTEST: PIMA COUNTY, a body politic Clerk, Board of Supervisors Chair, Board of Supervisors Date Date APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL AUTHORITY: LEGAL AUTHORITY: Town of Marana Attorney Deputy ty Attorney Legal authority: ARS § 11-2817 ARS § 11-951 through 954, r 00 Marana Regular Council Meeting 03/06/2018 Poe 46-':]Of 295 .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C9 Meeting Date: 03/06/2018 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: March 6, 2018 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2018-021: Relating to Public Works; approving and authorizing the the Town Manager to sign a Settlement Agreement and the Town Engineer to sign all other documentation necessary for the purchase of property rights needed from the Arizona District Council of the Assemblies of God for Town of Marana Project No. ST021 Tangerine Corridor/Tangerine Road, Twin Peaks to La Canada Drive (Frank Cassidy) Discussion: This is a proposed settlement of a condemnation lawsuit brought by the Town of Marana in the name of the Town of Oro Valley to acquire right-of-way for the Tangerine Corridor project. The property in question is owned by the Arizona District Council of the Assemblies of God. It is located at the northwest corner of Tangerine Road and Como Drive, about a quarter mile west of La Cholla, in Oro Valley. A church and a residential teen pregnancy center are located on the property. As lead agency for the Tangerine Corridor project, the Town of Marana is obligated to pay the monetary judgment in this condemnation action. The Town of Oro Valley is a party to the Settlement Agreement because it includes regulatory, non-monetary terms as well -- addressing the splitting and further development of the property. The Town of Marana deposited a cash bond of $61,477 to obtain possession of the take area and to allow construction activities to occur on the property. The deposit amount was based on an original independent fee appraisal procured by the Town. An updated independent fee appraisal procured by the Town after the condemnation action was filed increased the proposed just compensation to $74,400. Justification for the settlement amount in excess of this revised appraisal amount will be provided at Council's request, preferably in executive session. The Settlement Agreement requires the Town of Marana to pay an additional $76,757 in Marana Regular Council Meeting 03/06/2018 Page 47 of 295 principal, plus statutory interest on the entire amount. Financial Impact: Fiscal Year: 2018 Budgeted Yes Y/N: Amount: $76.1757.00 This amount will be paid for utilizing funds from the Regional Transportation Authority. Staff Recommendation: Staff recommends adoption of Resolution No. 2018-021, approving a Settlement Agreement for the purchase of property rights needed from the Arizona District Council of the Assemblies of God for the Tangerine Corridor Project, and authorizing the signing of the agreement and all related documents. Suggested Motion: I move to adopt Resolution No. 2018-021, approving a Settlement Agreement for the purchase of property rights needed from the Arizona District Council of the Assemblies of God for the Tangerine Corridor Project, and authorizing the signing of the agreement and all related documents. Attachments Resolution No. 2018-021 AzDC Settlement Agreement Marana Regular Council Meeting 03/06/2018 Page 48 of 295 MARANA RESOLUTION NO,2018-021 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE TOWN MANAGER TO SIGN A SETTLEMENT AGREEMENT AND THE TOWN ENGINEER TO SIGN ALL OTHER DOCUMENTATION NECESSARY FOR THE PURCHASE OF PROPERTY RIGHTS NEEDED FROM THE ARIZONA DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD FOR TOWN OF MARANA PROJECT NO. ST021 TANGERINE CORRIDOR/TANGERINE ROAD, TWIN PEAKS TO LA CANADA DRIVE WHEREAS the Town of Marana is constructing Town of Marana Project No. ST021 Tangerine Corridor/Tangerine Road, Twin Peaks to La Canada Drive (the "Tangerine Road Project"); and WHEREAS the Town of Marana needs to acquire property rights (the "Needed Property") from the Arizona District Council of the Assemblies of God to construct the improvements needed for the Tangerine Road Project;and WHEREAS the Town's outside counsel have negotiated a Settlement Agreement among the Town of Marana, the Town of Oro Valley, and the Arizona District Council of the Assemblies of God for acquisition of the Needed Property, the terms of which exceed Town staff's general authority for acquisition of property rights needed for the Tangerine Road Project;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, authorizing the Town Manager to execute the Settlement Agreement in substantially the form included with the agenda backup material accompanying this resolution and authorizing the Town Engineer to execute all other documentation necessary for the purchase of the Needed Property from the Arizona District Council of the Assemblies of God for the Tangerine Road Project. Marana Regular Council Meeting 03/06/2018 Page 49 of 295 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of March, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Regular Council Meeting 03/06/2018 Page 50 of 295 SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is executed and delivered on this day of , 2018, by and between: (A) Town of Oro Valley ( "Oro Valley"); (B) Town of Marana( "Marana"); and (C) The Arizona District Council of the Assemblies of God ("AZ District Council"). Oro Valley, Marana, and AZ District Council are individually referred to as a "Party" and collectively as the "Parties." Oro Valley and Marana are collectively referred to as the "Town." RECITALS WHEREAS on or about July 3, 2013, Oro Valley, Marana, and Pima County entered into an Intergovernmental Agreement for the acquisition of land for the Tangerine Road Corridor Project, Dove Mountain Boulevard to la Canada Drive, for the widening and improvement of Tangerine Road along with related improvements (the "Project"). The Intergovernmental Agreement was adopted by Oro Valley's Common Council in Resolution No. (R)13-46. WHEREAS, on or about May 20, 2016, Oro Valley filed with the Pima County, Arizona, Superior Court (the "Court"), Case No. C2016-2345, a Complaint in Condemnation and Application for Immediate Possession, seeking to acquire that certain property owned by the AZ District Council (the "Subject Property") through the exercise of eminent domain for the Project. WHEREAS, on or about June 6, 2016, Oro Valley and the AZ District Council stipulated that the Subject Property being condemned is necessary for a public use, and the Court granted Oro Valley immediate possession of the property upon posting of a cash bond. WHEREAS, Marana deposited a cash bond of$61,477.00 (sixty one thousand four hundred seventy seven dollars) with the Clerk of the Court. WHEREAS, Oro Valley's Complaint and all claims or counterclaims, whether asserted, unasserted, known or unknown, mandatory or permissive, arising out of or relating to the Town's acquisition or condemnation of the Subject Property, shall collectively be referred to as the "Lawsuit." WHEREAS, following the commencement of the Lawsuit, the AZ District Council agreed to split the Subject Property into two lots and transfer those lots to Teen Challenge of Arizona, Inc. ("Teen Challenge") and Victory Assembly of God of Pima County, Inc. ("Victory"), who are the current users of the Subject Property. The lot split has been Page 1 of 10 5947461v1(66952.8) Marana Regular Council Meeting 03/06/2018 Page 51 of 295 completed, and the deed transferring the property to Teen Challenge and Victory has been recorded with the Pima County Recorder. WHEREAS, the Parties desire to fully settle the Lawsuit and other issues as specified below, to buy their peace, and to avoid the attendant costs and expenses associated with further litigation directly or indirectly affecting one another or their respective interests; and WHEREAS, the Parties have reached agreement upon the terms and conditions of such settlement as set forth herein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree, respectively as the context may be, as set forth below: 1. INCORPORATION OF RECITALS. The Parties acknowledge the accuracy of the foregoing Recitals and hereby incorporate them by this reference. 2. SETTLEMENT TERMS. a. Execution of Agreement. The Parties shall execute and deliver to each Party an executed copy of this Agreement; b. Condemnation of the Subject Property. The Parties agree that Oro Valley shall have judgment against the AZ District Council, condemning the Subject Property for the Town's use, as prayed for in the Complaint. c. Award of just compensation. The Parties agree that the AZ District Council shall have judgment against Oro Valley in the sum of$13 8,234.00 (one hundred thirty eight thousand two hundred thirty four dollars) plus statutory interest from June 6, 2016, until paid, as total just compensation and for damages of any kind occurring to AZ District Council as a result of the Lawsuit. d. Stipulation to entry of Judgment. Oro Valley and the AZ District Council shall file a stipulation to entry of judgment and a proposed stipulated judgment for the Court's review, reflecting the terms set forth in 2(b)-(c) above. e. Payment of additional funds and interest by the Town. Within thirty (3 0) days of the Court's entering judgment, Marana shall deposit with the Court additional funds in the amount of$76,757.00, plus statutory interest on the sum of$138,234.00 from June 6, 2016 until paid. f. Release of funds on deposit. The Parties agree that upon the Town's Page 2 of 10 5947461v1(66952.8) Marana Regular Council Meeting 03/06/2018 Page 52 of 295 deposit of the additional funds and interest, as set forth in 2(e), the Clerk of the Court shall release all funds on deposit to the AZ District Council. g. Satisfaction of Judgment. Upon receipt of the sums set forth in 2(f), AZ District Council shall file a Satisfaction of Judgment with the Court. h. Final Order of Condemnation. Upon the filing of the Satisfaction of Judgment referenced in 2(g), Oro Valley shall lodge a Final Order of Condemnation for the Court's signature. i. Noise attenuation wall. The AZ District Council, as a result of the Project, has expressed the desire to install a noise attenuation wall on the Subject Property adjacent to Tangerine Road within the right-of-way setback area. Construction of such a wall would require a variance from the Oro Valley Board of Adjustment. Accordingly, Oro Valley staff agrees to support an application for a permit and/or variance to construct a noise attenuation wall — up to six (6) feet above finished grade and otherwise reasonable in design — if filed by the AZ District Council or its successor in interest. The AZ District Council acknowledges that Oro Valley's staff cannot guarantee support for a permit or variance until an application is actually submitted and evaluated pursuant to all applicable laws, policies, and procedures, and that staff support, should it be forthcoming, is not binding on the Board of Adjustment or the Town Council, and that staff support does not imply, directly or indirectly, that any permit or variance will be approved by the Board or Town Council. Oro Valley staff agrees to evaluate the application and to work with the applicant toward obtaining a positive recommendation by reviewing plans and providing feedback during the formal application process. Further, the Parties agree that nothing in this Agreement shall foreclose the AZ District Council or its successor in interest from submitting an application for a wall in excess of six (6) feet above finished grade, which Oro Valley staff will evaluate and provide feedback on during the formal application process. The applicable policies and procedures for seeking Town approval of the anticipated noise attenuation wall are described in greater detail in Attachment A to this Agreement, "Oro Valley Board of Adjustment Variance or Appeal Process Guide," the accuracy of which is hereby confirmed by Oro Valley. j. Access and improvement of Como Drive. As a result of the Project, the Subject Property's current left-turn access to and from east bound Tangerine Road will be eliminated. In light of this change and in order to improve the Subject Property's access, the Arizona District Council or its successor in interest has expressed the desire to seek the necessary Oro Valley approvals for access to and widening and improving of Como Drive. Como Drive is currently an unpaved, two-lane public road located adjacent to the east side of the Subj ect Property, separated from the Subject Property by a no-access easement. The AZ District Council acknowledges that nothing in this Agreement guarantees Oro Valley staff support for the proposed access and Page 3 of 10 5947461v1(66952.8) Marana Regular Council Meeting 03/06/2018 Page 53 of 295 improvement of Como Drive, or that the necessary authorizations will be granted by Town Council. However, for informational purposes only, the applicable policies and procedures for seeking Oro Valley approval for obtaining access to and authorization to improve Como Drive are described in greater detail in Attachment B to this Agreement, "Oro Valley Conceptual Design Process Guide — Commercial," the accuracy of which is hereby confirmed by Oro Valley. 3. FULL AND FINAL SETTLEMENT. Each Party declares that the terms of this Agreement have been completely read and are fully understood and voluntarily accepted for the purpose of making, respectively as the context may be, a full and final compromise, adjustment and settlement and release for all claims released herein, disputed or otherwise, between and among the Parties hereto. This Agreement constitutes the full, complete, final, and exclusive expression of all of the representations, warranties, covenants, promises, and agreements of the Parties hereto relative to the sub.ect matter hereof. 4. WARRANTY OF CAPACITY TO EXECUTE AGREEMENT. Each Party represents and warrants to each other Party that such Party (i) has the entire right and exclusive authority to execute this Agreement, (ii) is not under any disability which could affect the capacity of such Party to execute this Agreement, and (iii) has not sold, assigned, transferred, conveyed, encumbered, hypothecated or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in this Agreement. 5. NO ADMISSION OF LIABILITY. All of the claims and defenses asserted in or in connection with the Lawsuit and impacted by this Agreement are denied and contested by each of the Parties, and nothing contained herein shall in any way be construed as or constitute an admission of fault, liability, or responsibility on the part of any of the Parties. Each of the Parties denies liability and responsibility and is entering into this Agreement in order to buy such Party's peace and avoid further litigation with each other and the costs and expenses associated therewith, and in so doing, each of the Parties denies any and all liability and defenses and states that the settlement made herein is entirely a compromise. 6. REMEDIES UPON BREACH. If any Party to this Agreement materially breaches the terms of the Agreement, the non-breaching Party may exercise any and all remedies available to them under Arizona law, including, without limitation, if applicable, bringing a lawsuit for monetary damages or specific performance. If an action is brought against a Party to enforce any of the terms or provisions of this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party all reasonable expenses, including but not limited to all costs, litigation related expenses, and reasonable attorneys' fees. The amount of costs and reasonable attorneys' fees shall be determined by the Court and not by a jury, and shall be included in any judgment obtained by the prevailing Party. The Parties agree that all disputes arising under this Agreement shall be filed in the Pima County Superior Court in Tucson,Arizona. Page 4 of 10 5947461v1(66952.8) Marana Regular Council Meeting 03/06/2018 Page 54 of 295 7. WAIVER, MODIFICATION, AND AMENDMENT OF AGREEMENT. This Agreement shall not be waived,modified or amended, except by written agreement signed by the Parties. 8. NO WAIVER OF BREACH. No breach of any provision hereof can be waived except in writing by the Party against whom enforcement of the waiver is sought. Waiver of one breach of any provision hereof shall not be deemed a waiver of any other breach of the same or any other provision hereof. Failure on the part of any Party to complain of any act or failure to act of any other Party or to declare any other Party in default hereunder, irrespective of how long such failure continues, shall not constitute a waiver of the right of such Party hereunder. 9. GOVERNING LAW. The validity, construction, interpretation, and administration of this Agreement will be governed by the laws of the state of Arizona. 10. HEADINGS. The headings set forth herein are inserted for convenience of the Parties only, and shall not be used to interpret or construe or in any way affect the meanings of the terms and provisions of this Agreement. 11. COUNTERPARTS. This Agreement may be signed in any number of counterparts. All counterparts are deemed to constitute one and the same instrument, and each counterpart is deemed to be an original of that instrument. A facsimile signature on any counterpart shall be deemed an original signature by the Parties. 12. BINDING EFFECT. This Agreement is binding upon and shall inure to the benefit of the Parties, and their respective heirs, devisees, executors, administrators, beneficiaries, successors and assigns. 13. TIME. Time is of the essence with respect to the performance of all terms, covenants, conditions and provisions of this Agreement. 14. VOLUNTARINESS AND ASSISTANCE OF LEGAL COUNSEL. Each Party acknowledges that such Party is freely and voluntarily entering into this Agreement, uncoerced by any other person, and that such Party has been represented by competent legal counsel of such Party's own choice or has had the opportunity to do so regarding this Agreement and fully understands the same. This Agreement reflects a good faith resolution of claims reached after arm's-length negotiations and without coercion and not in reliance upon any representations or promises not contained herein. 15. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties as to the subject matter of this Agreement. There are no agreements, understandings, warranties or representations among the Parties as to the subject matter of this Agreement, except as set forth in this Agreement. No provision of this Agreement may be amended, modified, supplemented, changed, waived, discharged or terminated, except by an instrument in writing signed by the Party against whom enforcement of the Page 5 of 10 5947461v1(66952.8) Marana Regular Council Meeting 03/06/2018 Page 55 of 295 amendment, modification, supplementation, change, waiver, discharge or termination is sought. 16. NO CONSTRUCTION AGAINST ANY PARTY. This Agreement has been negotiated by all of the Parties hereto and shall not be interpreted more strictly against any party hereto on the basis that such party's counsel drafted this Agreement or any specific part thereof. 17. REMEDIES CUMULATIVE. All rights and remedies of any Party under this Agreement are cumulative and non-exclusive, and may be exercised singularly or concurrently. 18. SURVIVAL. All representations, warranties and covenants contained in this Agreement shall continue and survive execution of this Agreement, and shall be binding upon the Party making the representation, warranty or covenant. 19. COOPERATION AND OTHER DOCUMENTS. The Parties shall execute and deliver all other documents, mutually cooperate and take all other action as any Party may reasonably request from time to time, before or after the execution of this Agreement, in order to further the intent of, and effectuate the Parties' interest(s) and the transaction(s) provided for by this Agreement. 20. SUBMISSION TO JURISDICTION; VENUE. THE PARTIES TO THE FULL EXTENT PERMITTED BY LAW, HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, DO THE FOLLOWING: (1) SUBMIT TO PERSONAL JURISDICTION IN THE STATE OF ARIZONA WITH RESPECT TO ANY ACTION ARISING FROM OR RELATING TO THIS AGREEMENT; (2) AGREE THAT THE SUPERIOR COURT OF ARIZONA, PIMA COUNTY (SITTING IN TUCSON, ARIZONA) SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ALL CLAIMS OR DISPUTES BETWEEN THE PARTIES PERTAINING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT; (3) WAIVE ANY CLAIM THAT THE COURT IN SUBPART (2) IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE; (4) AGREE THAT THE EXCLUSIVE CHOICE OF FORUM SET FORTH IN THIS PARAGRAPH 20 SHALL NOT PRECLUDE ANY PARTY FROM ENFORCING OR SEEKING TO ENFORCE ANY JUDGMENT IN ANY OTHER APPROPRIATE JURISDICTION. 21. ALTERNATIVE DISPUTE RESOLUTION. As an alternative to filing a lawsuit to resolve a dispute arising from this Agreement, the Parties may elect to arbitrate the dispute. The AZ District Council shall select one competent and impartial arbitrator and the Town shall select a second competent and impartial arbitrator. The two selected arbitrators shall appoint a third arbitrator. If the two appointed arbitrators cannot agree on a third, they may petition a judge having competent jurisdiction to select the third arbitrator, or they may resign their appointment jointly or individually so that the Parties may renew the selection process. The written award of two of the three arbitrators shall bind the Parties. The cost of the arbitrators and any expert witnesses shall be borne by the Page 6 of 10 5947461v1(66952.8) Marana Regular Council Meeting 03/06/2018 Page 56 of 295 Party that hired them. The cost of the third arbitrator and other expenses of the arbitration shall be shared equally by the Parties. The arbitration shall take place in the Town of Oro Valley. Arizona state court rules of procedure and evidence shall be governing. 22. APPROVAL OF FORM OF AGREEMENT The form of this Agreement has been approved by counsel for the Parties: Christopher W. Kramer Date Laura R. Curry Jennings, Strouss & Salmon, PLC Attorneys for Town of Oro Valley and Marana Jennifer A. Cranston Date Gallagher& Kennedy Attorneys for AZ District Council 23. CONSENT. Teen Challenge and Victory hereby acknowledge and consent to this Agreement as non-party successors in interest. Date (on behalf of Teen Challenge of Arizona, Inc.) Date (on behalf of Victory Assembly of God of Pima County, Inc.) Page 7 of 10 5947461v1(66952.8) Marana Regular Council Meeting 03/06/2018 Page 57 of 295 24. SIGNATURES Date (on behalf of AZ District Council) STATE OF ARIZONA ) ) ss. County of Pima ) On this day of , 2018, before me, the undersigned Notary Public, personally appeared who executed the foregoing instrument the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My commission expires: Page 8 of 10 5947461v1(66952.8) Marana Regular Council Meeting 03/06/2018 Page 58 of 295 Mary Jacobs Date Town Manager, Town of Oro Valley STATE OF ARIZONA ) ) ss. County of Pima ) On this day of , 2018, before me, the undersigned Notary Public, personally appeared Mary Jacobs who executed the foregoing instrument the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My commission expires: Page 9 of 10 5947461v1(66952.8) Marana Regular Council Meeting 03/06/2018 Page 59 of 295 Jamsheed Mehta Date Town Manager, Town of Marana STATE OF ARIZONA ) ) ss. County of Pima ) On this day of , 2018, before me, the undersigned Notary Public, personally appeared Jamsheed Mehta who executed the foregoing instrument the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My commission expires: Page 10 of 10 5947461v1(66952.8) Marana Regular Council Meeting 03/06/2018 Page 60 of 295 'Ad � MARANA AZ ESTABLISHED 1 9 7 7 Council-Regular Meeting C10 Meeting Date: 03/06/2018 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: March 6, 2018 Subject: Approval of Study Session Meeting Minutes and Regular Council Meeting Minutes from February 20, 2018 (Jocelyn C. Bronson) Attachments Draft February 20, 2018 Study Session Minutes Draft February 20, 2018 Regular Council Meeting Minutes Marana Regular Council Meeting 03/06/2018 Page 61 of 295 'gille I& ---------- IMARANA ,,; ESTABLISHED 1 9 7 7 MARANA TOWN COUNCIL STUDY SESSION 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 20, 2018, at or after 6:00 PM STUDY SESSION 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 CALL TO ORDER AND ROLL CALL: Mayor Honea called the meeting to order at 6:03 p.m. Deputy Town Clerk Hilary Hiser called roll with all council members present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Mayor Honea informed the Council and chamber audience that the Pledge of Allegiance would occur at the regular council session to start after the conclusion of the study session. APPROVAL OF AGENDA: Council Member Bowen motioned to approve the agenda with a second provided by Council Member Kai. Motion passed unanimously. CALL TO THE PUBLIC: No speaker cards were presented. DISCUSSION/DIRECTION/POSSIBLE ACTION: Marana Regular Council Meeting 03/06/2018 Page 62 of 295 D1 Relating to Administrative Bodies and Officers; Discussion of the Marana Board of Adjustment and whether it should continue to consist of a stand-alone board or be combined with the Council or Planning Commission presented by Town Attorney Frank Cassidy. Given that the board is currently accepting applications to fill its four vacancies, Mr. Cassidy wanted to present the Council the opportunity to evaluate the role the Board of Adjustment (BOA) plays and provide other possible options to satisfy its functions. He clarified that at the time of the agenda's publication, the Town did not have the minimum number of applicants to fill the vacant positions therefore it seemed logical to present the Council the option of adjusting the role of the BOA. Mr. Cassidy elucidated that state statute requires every municipality to have a board of adjustment to grant variances to the code and hear appeals regarding zoning decisions. The BOA acts as a quasi-judicial body and its decisions are directly appealed to the superior court. Mr. Cassidy stated that from 1977 to 2003, the Council acted as the BOA. He noted that since its inception as a stand-alone board in 2003, there have only been 15 substantive matters brought before the board. Mr. Cassidy qualified that two of those matters were withdrawn and the BOA has actively decided 13 matters. He noted that the BOA sends out cancellation notices 86 percent of the time because they do not have any referred cases or applications. Mr. Cassidy observed that the relatively few referrals are due in large part with the efforts of staff to accommodate requests from applicants. Mr. Cassidy offered the Council three options: one, to leave the BOA as is; two, to have the Council assume the role of the BOA; or three, to have the Planning Commission assume the role of the BOA. Mayor Honea asked Mr. Cassidy if he spoke with the BOA members about this proposal. Mr. Cassidy acknowledged that he did not specifically speak with the board members asking their opinion about the proposal and only informed them by providing the council packet and materials for tonight's meeting. Mayor Honea allowed the BOA Chair John McIntyre to address the Council regarding this proposal. Mr. McIntyre explained that he has participated on the BOA since almost the beginning. He feels the Council's foresight in creating the BOA has helped ensure that both the staff and council members are able to adequately meet the needs of customers without having to worry about an oversight function. Mr. McIntyre acknowledges that the BOA's very few cases illustrates the positive nature of the BOA's intended purpose which is to help council members, commission members, and staff members work toward a consensus with an applicant. Mr. McIntyre noted that the BOA has included residents from all areas of Marana to ensure a diverse range of opinions regarding decisions. He pointed out that local businesses have a favorable view of the BOA because the board presents a reasonable and independent view when evaluating contested issues. Council Member Bowen indicated that it is important to have the BOA as an independent citizen board to consider issues that might arise with a case. Marana Regular Council Meeting 03/06/2018 Page 63 of 295 Mayor Honea asked the necessity of making a motion if the Council did not want to change the board. Mr. Cassidy stated if Council made no changes, a motion was not necessary and staff would then bring the BOA applicants to the Council for consideration and appointment. Council Member Ziegler thanked Mr. McIntrye for his continued service on the BOA. However, she explained she is not inclined to support the continuation of the BOA. Council Member Ziegler indicated she thinks the BOA is an unnecessary layer of government in the planning process. She is confident in staff and her fellow council members to adequately address any issues that might arise from an application. Council Member McGorray commented that the BOA's work several years ago to resolve the possible conversion of the vacant grocery store facility at Dove Mountain into newspaper offices was a successful example of the board's intended purpose. Council Member Bowen motioned to leave the Board of Adjustment as is with a second provided by Council Member Comerford. Motion passed 6-1 with Council Member Ziegler voting no. D2 Presentation: Relating to Finance; presentation,discussion and possible direction on proposed changes to the Town of Marana comprehensive fee schedule and other various rate and fee adjustments presented by Finance Director Erik Montague. Mr. Montague presented the Council its annual review of the comprehensive fee schedule and recommended changes. Since 2009, when the Town instituted a comprehensive fee schedule, the staff works to ensure the schedule is both fair and equitable to customers. Also, staff tries to ensure the fees are reflective of the value of services provided and are standardized across all Town departments. Mr. Montague stated town staff are committed to reviewing the schedule on a consistent basis and to make changes to fees that reflect the actual cost of providing programs and services. He emphasized this is a work in progress as staff continually look for opportunities to streamline, consolidate, and modernize the schedule where appropriate. Mr. Montague added that the constant attention to the fee schedule helps to eliminate errors, inconsistencies,and other items within the schedule that do not help facilitate development and growth within the Town. Some of the proposed changes include the ability to bundle certain fees, and create standard flat fees to provide predictability to both citizens and staff. Mr. Montague directed the Council to review the attached proposed changes in depth and welcomed any feedback they had. He briefly highlighted that this year's fee schedule adds four fees and modifies 11 existing fees including the elimination of one fee. He noted that some proposals by departments are to create a flat fee for applicants reducing their overall costs. Mr. Montague reported that the next review of the comprehensive fee schedule is with outside stakeholders. With that feedback and any feedback from the Council, staff would incorporate those changes into the final comprehensive fee schedule for adoption by the Council later in the spring. Marana Regular Council Meeting 03/06/2018 Page 64 of 295 Council Member Ziegler thanked staff for putting in the effort to continue to clarify the fee schedule and make it functional for citizens. At 6:27 p.m., Council Member Comerford excused herself for the reminder of the meeting due to a prior commitment and left the dais. D3 Presentation: Relating to Public Works; presentation, discussion and possible direction regarding the draft Marana 2019-2024 Capital Improvement Program presented by Town Engineer Keith Brann. Mr. Brann briefly reviewed the history of the Town's five year capital improvement program noting that the program's intent is to provide clear guidance and funding obligations on current and future capital projects. Mr. Brann reviewed a list of capital projects set for completion or completed during Fiscal Year 2018. Some of those projects include Ora Mae Ham ballfield improvements, Honea Heights pocket park, Tangerine Sky Park, the Marana Road realignment, and Marana Recharge Facility. Mr. Brann also noted that the project design was completed for six projects including the Coachline Boulevard reconstruction. Mr. Brann highlighted some long-term/continuing projects that include the ongoing construction of the Marana Public Safety Facility and the Town's reinvestment in the Adnois subdivision to address drainage issues. Council Member Ziegler asked what the Coachline Boulevard reconstruction would entail. Mr. Brann responded that it would be a complete reconstruction of the road from curb to curb with a new treatment of the subgrade and then building the road back up with new pavement. The reconstruction will also include improvements to the wash and installation of new ADA crosswalks. Council Member Ziegler asked what the estimated project timeline is for Coachline. Mr. Brann stated the project is going out to bid next month and once a contractor is chosen then staff will get a detailed scheduled. Once the Town has a detailed schedule for construction, staff will start to schedule informational meetings for residents regarding the project. Mr. Brann briefly reviewed the internal process used to identify new capital projects. He noted that departments submit project requests based on infrastructure needs and master plans. The CIP division uses an in-house computer program to track project funding while the Finance department provides five year revenue projections. Mr. Brann described the evaluation process as guided by the strategic plan and community development trends. Staff members rank the proposed projects by creating a priority designation for that proposal. The following factors create the matrix for evaluation: contractual obligations, alignment with Town goals, outside/leveraged funding sources,the effect on ongoing costs, and the effect on Town revenue. Mr. Brann directed the Council's attention to supplemental preliminary projects overview for streets, parks, water and water reclamation, and the airport. He highlighted the construction of the Arizona Pavilions-Walmart traffic signal as an immediate project to address increased traffic congestion. Mr. Brann also highlighted other street projects identified as requiring immediate attention in the next fiscal year Marana Regular Council Meeting 03/06/2018 Page 65 of 295 such as the Adonis Road extension and Lon Adams Road reconstruction. Mr. Brann pointed the Council's attention to the need to start earmarking funds towards the Town's financial obligation for the Tangerine Road Widening project's Phase II which is set to start construction sometime in 2026. Mr. Brann underlined the need to pursue an Ora Mae Ham Park Master Plan in fiscal year 2019 to help identify the needs of that park and determine the best ways to improve the pool. Mr. Brann informed the Council that pool has met its excepted use timeframe. It is important to institute and follow a defined plan for the park and its assets before spending money unnecessarily on replacement or repairs. Similarly, updating to the town wide parks and trails master plan will help to determine current and future priorities for development. Mr. Brann identified several new water related capital projects to upgrade water lines for the system at Sanders Road and Marana Road. Other preliminary projects of importance included the northwest recharge, recovery, and delivery system, the Picture Rocks interconnect, and Potable Water System Master Plan Update similar to the recently completed wastewater master plan. Concluding his presentation, Mr. Brann presented the Council with the proposed projects that require general fund expenditure without a dedicated funding source. The general fund projects are the Adonis Subdivision drainage improvements, the Marana Main Street electrical upgrades, the Parks Maintenance Yard paving, the Ora Mae Ham Master Plan, the Northwest Marana Nature Park, and the Marana Visitor Center. Mr. Brann noted that the Adonis Subdivision drainage improvements would be a multi- year phased project to help address the water ponding problem with the streets. Town Manager Jamsheed Mehta added that the capital funding projects presented to the Council do not clearly show which streams of dedicated funding are associated with each project. He stated staff continue to work on creating additional detail related to revenue sources and will present to that information to the Council at a later date. Mr. Mehta commented that the projects relying on general funds would require more critical financial analysis. He noted that these refined costs would help staff to determine which projects have more priority than others do in FY 2019. Council Member Ziegler asked if the projects were in a particular priority order. Mr. Mehta responded that the projects were not. Council Member Ziegler stated the Ora Mae Ham Park pool needs to be replaced but wants to know what the approximate cost to replace the pool is. Mr. Mehta clarified that the Ora Mae Ham Park Master Plan item would include a complete study of the park's uses to determine how the Town can meet its current and future needs.He indicated that spending the time and money to conduct a master plan study should provide a more defined picture of what specific assets require investment and the estimated costs of replacing the pool once the Town knows what type of pool is required to meet community needs. Marana Regular Council Meeting 03/06/2018 Page 66 of 295 Council Member McGorray also agreed that replacing the pool is important and the replacement should include both family friendly features, but also athletic opportunities. 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). ADJOURNMENT: Vice Mayor Post motioned to adjourn the meeting with a second provided by Council Member McGorray. Motion passed unanimously. Meeting adjourned at 6:59 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the study session/presentation of the Marana Town Council held on February 20, 2018. I further certify that a quorum was present. Hilary H. Hiser, Deputy Town Clerk Marana Regular Council Meeting 03/06/2018 Page 67 of 295 MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 20, 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 7:07 p.m. Deputy Town Clerk Hilary Hiser called the roll with all council members in attendance constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Mayor Honea asked Boy Scout Troop #541 to lead the Council and audience in the Pledge of Allegiance. APPROVAL OF AGENDA: Council Member McGorray motioned to approve the agenda with a second provided by Council Member Kai. Motion passed unanimously. CALL TO THE PUBLIC: Marcel Plouffe addressed the Council regarding the poor road conditions and drainage issues in the Adonis Subdivision. He also mentioned issues with the wastewater system noting that the two ponds are filled with sludge and require maintenance. Mr. Plouffe stated that the problems associated with subdivision are critical. He asked the Council Marana Regular Council Meeting 03/06/2018 Page 68 of 295 to consider addressing the various issues related to the wastewater system and the condition of the roads. Mayor Honea thanked Mr. Plouffe and stated the Town continues to work with the Adonis HOA to address the subdivision's infrastructure issues. PROCLAMATIONS: 1 Proclaiming March 9, 2018 as St. Baldrick's Day in Marana Deputy Town Clerk Hilary Hiser read the proclamation into the record. Chris Dow, representative of the St. Baldrick organization, accepted the proclamation and briefly addressed the Council. Mr. Dow explained that money raised from these fundraising events is an important source of research funding used to treat childhood cancer. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS: Council Member Ziegler reported that she attended the Pima County Board of Supervisor's meeting regarding the re-evaluation of the Stonegarden Grant for the Sheriff's department. She spoke during the call to the public expressing her hope that the Board of Supervisors would vote to accept the grant. Council Member Ziegler encouraged citizens to continue to participate at both the local and county levels voicing their beliefs. Mayor Honea reported that he continues to work with elected officials in Pinal County, at the state level, and at the federal level to protect the Army's helicopter unit at Pinal Airpark. Mayor Honea thanked Congresswoman Martha McSally for her efforts to protect the military installation by speaking with administration officials in Washington, D.C. Mayor Honea commented that the installation employs roughly 600 people. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS: No report. PRESENTATIONS P1 Relating to Animal Services; six-month update on the new Animal Services Division presented by Community Development Director Lisa Shafer. Ms. Shafer provided the Council an overview of the Animal Services division since its creation. She noted that the Town hired two animal control officers who work seven days a week and ten hours a day to provide adequate enforcement. The Town's contract for shelter services with the Human Society has been very successful.The Town also has a contract for emergency veterinary services within the Town's jurisdictional boundaries. Ms. Shafer reported efficient licensing operations with the Town's PetData, Inc. contract. Residents have several options for licensing their pets from online, mail, or in person at the municipal center's front desk. Within the last six months, the Town has processed over 2,000 dog licenses. Marana Regular Council Meeting 03/06/2018 Page 69 of 295 For the next fiscal year, Ms. Shafer plans to increase the licensing goal by 10 percent. She is confident that the division should meet that goal because every interaction between citizens and animal control officers include conversations about animal licensing. Ms. Shafer explained that licensing was not only an important way to help with pet reunification, but also licensing helps ensure the animal is current on its rabies vaccination. Ms. Shafer also described the community partnerships with various organizations to offer spay and neuter clinics, vaccination clinics, free microchipping events, and two adoption events at town wide events. She explained that during vaccination events the Town covers the costs of vaccination for Marana residents and require non-residents to pay the associated$6.00 cost of the vaccination. Ms. Shafer was proud to report that Animal Services' has provided outstanding customer service to residents.She stated that officers and support staff have picked up a total of 146 stray animals from July 2017 through December 2017. Of those, 78 were taken to the Human Society and 68 were returned directly to their owner. Residents dropped off 57 stray animals to the Human Society, but Ms. Shafer told the Council that Animal Services would be happy to pick up the strays caught by residents and transport them to the Human Society. Of the 135 strays taken to the Human Society, 27 were returned to their owner. Ms. Shafer reported that the Human Society indicated that was a good return rate. Some additional statistics reported by Ms. Shafer include well over 500 service calls since July 1 with a high number of calls requiring follow-up visits.She noted that almost all calls are responded to in the same day and residents can request services from animal control officers in many different ways. Residents can reach the unit via phone, online,email,the website,and the new mobile app for smartphones. Reviewing the division's current budget, Ms. Shafer stated they maintained the same budget as the previous year. The budget revenues for licensing are 53 percent of the adopted budget and expenditures are 40 percent of budgeted expenditures. The donation revenue is lower than expected with only 28 percent received. Council Member McGorray asked if the donations were tax deductible. Ms. Shafer and Finance Director Erik Montague confirmed that the donations meet the IRS criteria. Ms. Shafer also provided the Council a comparison between the Town's prior contract with Pima County versus the new Animal Services division. She highlighted that total expenditures were down approximately 17 percent and revenues were up by 11 percent. Ms. Shafer concluded her presentation by reviewing the division's marketing and outreach activities with a demonstration of the interactive features on the Animal Services app. She also indicated that the Animal Services division provides local vets a variety of informational handouts regarding services and resources offered through the Town. Marana Regular Council Meeting 03/06/2018 Page 70 of 295 Council Member Comerford commented on the importance of microchipping pets as a way to successfully return an animal to their owner. Ms. Shafer agreed that microchipping is a valuable resource for reunification,but pointed out that some people forget to register and activate the microchip. She also noted that having a collar with a tag and license is also important for reuniting animals and owners. Mayor Honea asked how the public finds out about the various clinics offered. Ms. Shafer responded that dates are posted on the town's main website, as well as the Animal Service's main web page. Animal Service events are also advertised on the Town's social media platforms. Council Member Ziegler commented that the Animal Services division has done a great job and she is happy that it is running well despite her earlier reservations about the endeavor. Vice Mayor Post also commented that after a year of uncertainty on the decision to undertake Animal Services, he thinks the program is going extremely well. He congratulated Ms. Shafer and her staff on doing such a professional job. P2 Relating to Budget; presentation of second quarter results (July - December) for the Town's General Fund and other selected major funds for the 2017-18 fiscal year presented by Finance Director Erik Montague. The second quarter up-date regarding the general fund and other funds was presented using the department's new interactive financial brief placed on the Town's website. Mr. Montague explained the intent of the new tool is to make the budget information more accessible to both the Council and to citizens. The new web based tool allows the viewer to drill down into the budget data associated with each of the funds creating a more nuanced picture of the Town's financial health without cumbersome language or the use of difficult to understand charts. Mr. Montague noted that every financial quarter staff would update the tool. Looking more closely at the second quarter financials, Mr. Montague stated the Town is where it would hope to be on the revenue side at this time. The overall revenues for the Town's general fund revenues are at about 50 percent which is slightly up due to seasonality. He noted that some numbers have just come in regarding revenue streams and staff continues to analyze those numbers. Mr. Montague also reported that expenditure side is lagging at 38 percent which is also due to seasonality. He expects the expenditure side to start to catch-up soon. Mr. Montague explained that some of the water reclamation fund's revenue variance is due to the Saguaro Bloom hookup. The airport fund seems to be lagging with revenues at 24 percent. However, the lease revenue is on the mark and the variance is a result of the method used to budget for an anticipated transfer from the general fund to the airport fund to cover operating shortfalls. Mr. Montague hopes that once the final reconciliation is complete, the anticipated transfer between the two funds might reduce in total size. Mr. Montague took a moment to demonstrate the interactive web tool by navigating the various options built into the data set. He explained that the Town has made Marana Regular Council Meeting 03/06/2018 Page 71 of 295 continued efforts to budget closer to what is actually spent and to keep estimates on the conservative side. The web tool helps to clearly illustrate the department's focus to budget within a narrow margin reflective of actual expenditures and actual revenues. He also identified the web tool's ability to compare three previous fiscal years to provide a more in-depth context regarding the Town's budget. CONSENT AGENDA: C1 Resolution No. 2018-014: Relating to Development; approving a development plan for Dove Mountain Senior Living located north of Tangerine Road and east of Dove Mountain Boulevard (Brian D. Varney) C2 Resolution No. 2018-015: Relating to development; approving a final plat for Saguaro Bloom Block 1, Lots 1-389, Blocks 1A, 1B and 1C, and Common Area "A" (open space, recreation, public utilities, road maintenance and signage), Common Area "B" (open space, drainage, recreation, public utilities, road maintenance and signage), and Common Area "C" (open space and recreation), generally located at the southeast corner of Airline Road and Lambert Lane (Cynthia Ross) C3 Resolution No. 2018-016: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Desert Bluegrass Association regarding the planning, development and presentation of the 2018 Marana Bluegrass&Acoustic Music Festival (Jim Conroy) C4 Approval of February 6, 2018 Regular Council Meeting Minutes (Jocelyn C. Bronson) Council Member McGorray motioned to approve the consent agenda with a second provided by Council Member Kai.Motion passed unanimously. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2018.005 Relating to development;amending the Gladden Farms II Specific Plan to revise the land use designation of Block 35 from Single Family Detached 8 (SFD-8) to Single Family Detached 6 (SFD-6) with an average lot size of at least 6,600 square feet and Block 34 from Commercial (C) to Transitional Zone (TR); reduce the size of Block 32 from 8.3 acres to two acres and incorporate the excess acreage into Blocks 31 and 33 with their currently approved SFD-6 land use designation and revise the collector roadway network to realign the eastern half of Mike Etter Blvd. and eliminate Pacheco Farms Rd presented by Planner Steven Vasquez. Mr. Vasquez explained this is a request from Crown West Reality development group to amend the Gladden Farms II Specific Plan. Before discussing the proposed amendments, Mr. Vasquez presented the Council an overview of the current development in Gladden Farms I. He noted that all residential Marana Regular Council Meeting 03/06/2018 Page 72 of 295 blocks are either built out or currently under construction by one of the area's four home builders; KB Homes, Richmond American, Meritage, and Lennar. Mr. Vasquez also stated that development in Gladden Farms II is ready to begin. The Gladden Farms II Specific Plan was approved by Ordinance 2006.03 and was amended by Ordinance No. 2006.35. The proposed second amendment is in response to changes in the land development industry over the past 12 years. There are four amendments before the Council for consideration. Amendment 1 requests a change in land use designation for Block 35 reducing the single family detached 8,000 square foot lots down to 6,000 square foot lots to make it more marketable to home builders. The residential target count of 2,345 units in Gladden Farms remains the same. Mr. Vasquez pointed out that the current Gladden Farms I zoning has an average lot size of 6,940 square feet across all blocks. Amendment 2 requests a change in the land use designation of Block 34 from commercial to transitional zoning. The approved block plat already has a large amount of commercial zoned land. The less intensive land use designation would allow a greater mix of professional offices and residential possibilities. Amendment 3 requests a reduction of the private park area in Block 32 from 8.3 acres to approximately 2 acres. The change to Block 32 would create a passive two acre open space with new active recreation areas in Blocks 31 and 33. As part of the proposed change, the master developer will construct lighted soccer fields and a dog par at the Heritage River Park by the 400th building permit issued or after two years, whichever comes first. Finally, Amendment 4 requests a revision of the collector roadway network to realign the eastern half of Mike Etter Boulevard and eliminate Pacheco Farms Road. Mr. Vasquez stated the Traffic Engineering division has approved an amended traffic impact analysis and the proposed traffic volumes have adequate levels of service. Dean Wingert from Crown West Realty development group also briefly presented to the Council an overview of the proposed amendments. Mr. Wingert informed the Council that as of February 2018, there were 1,528 building permits issued in Gladden Farms I with only 219 vacant lots remaining. He observed that Gladden Farms I and Gladden Farms II are both part of the Tangerine Road Improvement district and have been paying off the $16.42 million assessment for the construction of that road over the last ten years. Mr. Wingert stated that his company purchased the Gladden Farms II property back in 2006 and it still remains undeveloped today. He indicated that what the company thought would be successful twelve years ago has not sold. Therefore, after years of inactivity, the developer is seeking four revisions to help generate market interest in the property. Mr. Wingert specified that in Gladden Farms I, the Town has been given 155 acres of public open space and the developer has improved an additional 75 acres of fully- Marana Regular Council Meeting 03/06/2018 Page 73 of 295 landscaped open space with 17 private parks and over 10 miles of paved pathways that interconnect the neighborhoods. In terms of the zoning in Gladden Farms I, a block is never developed with all the lots being as small as the zoning designation allows. The average lot size of the subdivision will be slightly larger than the minimum zoning designation. Mr. Wingert acknowledged that the overall average lot size in Gladden Farms I is 22 percent larger than required by the actual zoning. Refocusing on Gladden Farms II, Mr. Wingert assured the Council that the single- family residential portions of Gladden Farms II would be developed in the same manner as Gladden Farms I, which will include the same Homeowners Association and the physically interconnected pathways and roads. Mr. Wingert stated that there will be at least 12 new private parks owned and maintained by the Homeowner's Association. Mr. Wingert also highlighted the four proposed changes to the specific plan. He started his review by explaining the Block 34 land use change from commercial to transitional zoning. Mr. Wingert stated that if even without Block 34 commercial zoning, there are still 153 acres of commercially zoned property in Gladden Farms II and also 42 acres of commercially zoned property in Gladden Farms I. Mr. Wingert also pointed out that several other developments near Gladden Farms have parcels zoned for commercial with better locations closer to I-10 and Tangerine Farms Road. He further emphasized that the transitional zoning would match the block adjacent to it and would allow some flexibility with possible uses. The second requested change Mr. Wingert described is the realignment of Mike Etter Boulevard. He indicated that the extreme eastern portion's current alignment is broken into two pieces and this change is seeking to create a single roadway along a curvilineal path. The third requested change is to Block 35 toward the southwest boundary of Gladden Farms II. The proposed change is to down zone this block from 8,000 square feet to at least 6,000 square feet and include a condition that the lots must average 6,600 square feet in size. Mr. Wingert presented the Council a visual representation of the proposed lot size change emphasizing the total amount open space remains the same and the street layout remains the same. He noted that the nearest home from the back of the lot would be 125 feet away with a fully landscaped space within the boundary. The fourth change is to Block 32's private open space reducing the private park from eight acres to two acres with its previously planned uses moved to an alternate location that is still accessible to residents from both developments. The proposed change will also include two of new public park improvements and adds pocket park facilities in Block 31 and Block 33. Mr. Wingert stated in exchange for the reduction in acre size that the developer would add new public parks improvements at the Heritage River Park with construction of two full-sized soccer fields with lighting, a dog park, visitor parking, restroom facilities, and landscaping. He also noted that the new public park facilities would be connected to the development's interconnected pathways and trail network. Mr. Wingert explained that the total of 13 new acres of park space are not part Marana Regular Council Meeting 03/06/2018 Page 74 of 295 of the current Gladden Farms II Specific Plan and would be added as a direct response to the reduction of Block 32's private park space by six acres. Mr. Wingert concluded his presentation by briefly reviewing the four proposed changes and explaining why those changes are necessary. He touched on the importance of creating a product that will attract home builders. Mr. Wingert acknowledged the that realignment of Mike Etter Boulevard would benefit his group because it would cut down on the amount of infrastructure they must put in, but he also stated that the Town would benefit from the realignment because it would decrease on- going street maintenance. Mr. Wingert also acknowledged that the public park improvements were to his organization's benefit because the improvements could be managed through the Community Facility District. He stated that with the completion of the public park improvements those could be managed with the Park Impact fee from Gladden Farms homeowners. But Mr. Wingert emphasized that this option does provide an early completion date for sports fields compared to the Town's estimated timeline. Mayor Honea opened up the public hearing portion of the meeting by stating he did not like the proposed plan believing Crown West Reality was the ultimate winner with this proposal. Mayor Honea expanded that the proposed change from 8,000 square foot lots down to 6,000 square foot lots would make Gladden Farms II entirely high density residential rather than a mix of density. He mentioned that he has not seen a master planned development get close to the proposed ceiling for residential buildings. Mayor Honea continued his explanation stating that the original eight acre park with various amenities was proposed to help combat the overall high density zoning in the surrounding blocks. He explained that the original eight acre park is for the residents of Gladden I and Gladden II to have an area for recreation and gatherings. Mayor Honea further stated that if the developer builds the public soccer fields it will be reimbursed from the CFD and receive impact fees, whereas if the developer leaves the eight acre park in place it will have to pay for the park without any reimbursement from the park impact fees. Mayor Honea further expressed his view that the proposed changes to the Specific Plan would be a "double dip" in terms of reimbursement and ultimately a determinate to the tax payers. Mayor Honea also noted that if the Council approved the change from commercial to transitional zoning that change only increases the chances of that block turning to high density residential. With that much high density residential zoning the development would need a centrally located park for residents. Mayor Honea concluded his remarks saying he supports growth in the Gladden Farms area, but wants to ensure there enough recreational amenities provided to residents to adequately serve both developments. Mayor Honea recognized Don Duncan, Vice Chair of the Planning Commission, to address the Council regarding the proposal. Mr. Duncan stated he is addressing the Council as a private citizen and his statements do not reflect the views of the Planning Commission members as a whole. He explained that when he voted in favor of the Marana Regular Council Meeting 03/06/2018 Page 75 of 295 proposed changes presented to the commission November 2017 that he felt the information presented by the developer at that time met the commission's and the residents' concerns regarding the reduction in park size. Mr. Duncan acknowledges that he may not have thoroughly considered the prospective families for that area when he voted in favor of the proposed changes. He now felt compelled to correct his mistake by asking the Council to vote no regarding the changes presented. Mr. Duncan stated that he has compared the material presented to the Commission in November to the material presented to the Council at this meeting. Mr. Duncan noted that the Commission reviewed and approved the proposed changes to reduce the park from eight acres to 3.3 acres. He expressed concern that the proposal before the Council reduces the park further from the Commission's approved three acres to the presented two acres of passive open space presented to Council. Mr. Duncan expressed additional concerns that the details continue to change and the lack of a draft development agreement specifically identifying the obligations of the developer and the obligations of the Town is worrisome. He expressed concern that the proposed changes to do not provide the scope of recreation space originally offered and do not live up to the ideals championed by the Council in previous meetings. Mr. Duncan concluded his remarks by asking the Council to vote no on the proposed changes because they do not meet the needs of the community. The second speaker to address the Council during the public hearing was Sharon Tyson, a member of the Planning Commission. Ms. Tyson stated that as a planning commission member she does her best to make decisions that will benefit all the residents of Marana. At the November 2017 commission meeting, Ms. Tyson stated the decision to approve that the proposed changes to the Gladden Farms II specific plan was done after considerable discussions between the applicant and the commission members which resulted in a 7-0 vote to approve the changes as presented. Ms. Tyson said that after additional discussions and extensive research on the proposal she strongly feels that she should have voted no when the changes were presented to the Planning Commission. She stated that the proposal presented to Council does not adequately address the needs of future residents in the Gladden Farms community. Ms. Tyson expressed her hope that the Council would vote no on the proposed changes presented. Council Member Bowen stated that he met individually with the applicant and he liked the majority of the proposal presented. He acknowledged the proposal regarding the park is better than he had originally thought it would be. Council Member Bowen indicated that he did not have any issues with the requested downsizing of the block, the transition zoning, or the road realignment. However, Council Member Bowen did suggest that a reduced park and inclusion of soccer fields does impact to who is able to use the facilities.A large park is a good draw for many people whereas soccer fields are more limited and narrow in use. He concluded that he does not prefer the proposed changes to the park and really does not want to give up the large centrally located park. Marana Regular Council Meeting 03/06/2018 Page 76 of 295 However, Council Member Bowen does support the other proposed changes to the specific plan. Council Member Comerford asked for clarification regarding density. She asked the developer if the other blocks within Gladden Farms II were also high density residential. Mr. Wingert answered that the other blocks were zoned for high density 6,000 square foot residential lots. He explained that those blocks would have additional pocket parks to conform to the Town Code. Mr. Wingert pointed out to the Council that within the approved specific plan, Blocks 31 and 33, adjacent to Block 32, were not originally required to have internal park spaces. Council Member Comerford responded that the increased density of those blocks would require smaller lot sizes. She expressed concern that without a substantial park space within the development, which is easily accessible, future residents to the community would become dissatisfied overtime. She observed that the two acre proposed park is over an area that cannot be built on regardless and now prospective residents are losing out on the opportunity of living on a larger lot within Gladden Farms. Council Member Comerford observed that tax payers are the losers in this proposal.She also noted that she was disappointed in staff for proposing this idea. Mr. Wingert responded that the reduction in the park from eight acres to two acres results in the addition of 13 acres of park improvements within Gladden Farms II and at the Heritage River Park. He noted that every block would have a private pocket park in addition to the public park facilities within and near the whole development. Mr. Wingert also reminded the Council that the developer did agree to pay for and construct an underground pathway from the Gladden Farms development to the Heritage River Park. The pathway has been open for ten years and is heavily used by residents in the area who visit the Heritage River Park. All of the interior pathways within Gladden Farms connect to that underground pathway thus allowing residents to avoid crossing the road. Council Member Bowen commented that he did not think the developer was "double dipping" as the construction of the public park would be paid for by the community facility district and then the impact credits would go to the home builders and not the master developer of the Gladden Farms. Mr. Wingert responded that yes the community facility district (CFD) is a special tax imposed on the residents living within the Gladden Farms community. He reminded the Council that the CFD is a method of financing for improvements made within the Gladden Farms community. The history and purpose of the CFD is not a method of funding an improvement, but a method to reimburse for the construction of that improvement. Mr. Wingert also confirmed that the impact fee credits are applicable to the home builders within the development and not to Crown West. He explained that the proposal is to develop those public park improvements without regards to a cost limit Marana Regular Council Meeting 03/06/2018 Page 77 of 295 imposed is the responsibility of Crown West to construct. He noted that an eventual credit of park impact fees would go to future homebuilders within Gladden Farms II. Council Member Bowen clarified that he understood that Crown West would receive reimbursement from the CFD and would not receive any of the credits from the park impact fees. Mr. Wingert affirmed that the park impact fee does not result in a direct payment to the homebuilder, but simply reduces the overall park impact fee that home builder must pay. Council Member Kai stated that if the CFD spends money to put in the park, why then would that money not go back to the CFD. He observed that the homeowners are the tax payers putting money into the CFD for improvements and therefore the money should be returned to the CFD and not the developer. Mr. Wingert responded that the CFD levies a special property tax only within the boundaries of Gladden Farms. He explained that as the developer spends its own funds to build major public infrastructure, not normal subdivision improvements, then the CFD reimburses the developer for the costs of those improvements once the community is completely built. Council Member Ziegler stated that she disagrees with Mayor Honea's position and thinks Gladden Farms II's proposal will be a great asset to the citizens of Marana. She does not want to "throw the baby out with the bath water" with the reduction of the park. Council Member Ziegler noted that the Town has many beautiful parks and this proposal is not losing a park but gaining additional park facilities at the Heritage River Park to encourage people to come live in the area. She noted that the Town on its own could not build out that river park site without the help of private partnership, which this proposal provides. Council Member Ziegler explained that the two lighted soccer fields speak to the growing interest nationwide in the sport. She also observed that the construction of the park facilities would help encourage other private partnerships with the Town to build additional amenities in the Heritage River Park. Council Member Ziegler also mentioned that when she met with the developer, the proposal did not have a dog park. She asked the developer for the inclusion of the dog park and she is happy to see that it is part of the proposal. Council Member Ziegler stated that a dog park is a need for residents.She did observe that despite the reduction in the park size, the developer has included two additional park spaces for residents that were not previously included. Council Member Ziegler also stated that she is not opposed to the suggested reduction in lot size because it will fit into majority zoning for Gladden Farms II. She also agreed with Council Member Bowen's statement that the developer is not"double dipping" in terms of the CFD reimbursement and park impact fees. Council Member Ziegler suggested that since sticking point is the park size, perhaps the developer could add one or two acres to the park in addition to the other proposed public park improvements. She noted that she did not want this proposal to fail because Marana Regular Council Meeting 03/06/2018 Page 78 of 295 of the size of the park because the Town has many different parks for residents to use around the community. Finally, Council Member Ziegler remarked that the current proposal for the construction of the soccer fields would ensure residents have access to these fiel ds faster than if the Town were solely responsible for building the fields. She again emphasized that the amenities proposed will only enrich the Town's current recreational assets. Vice Mayor Post commented that he has lived in Gladden Farms. He observed that he and his family spent the majority of their time at the neighborhood pocket parks rather than the Heritage River Park. He stated that the Gladden Farms area is a great community and is well run. He noted that the proposal is not perfect, but the overall changes would meet the needs of residents. Vice Mayor Post also commented that the additional pockets parks benefit to the community and he generally supports the changes presented. Mayor Honea asked the audience for any additional comments, having received none he closed the public hearing portion of the meeting at 9:04 p.m. Council Member Ziegler motioned to approve the ordinance as presented. Before a second was provided, Council Member Bowen asked if she wanted the Council to consider any changes to the proposal before voting on the motion. Council Member Ziegler did acknowledge that she wanted to provide the Council an opportunity to adjust the proposal if they saw fit. At that time, Council Member Bowen addressed Mr. Wingert stating that he is generally in favor of the proposal but would like to compromise a little bit more in regards to the park size. He asked Mr. Wingert if he would be willing to expand the park to four acres in addition to the construction of the public soccer park and dog park facilities at the Heritage River Park. Mr. Wingert responded that he would like the Council to provide some action on the proposed changes at meeting, but the increased park size would be difficult to accommodate. He indicated that since the November 2017 Planning Commission meeting, his organization has been pulled in many different directions and have enhanced their final proposal with the public lighted soccer fields, the public dog park, new additional pocket parks in Block 31 and 33, the inclusion of language the will force public improvements with an earlier timeframe, and agreement with the changed SFD-6 to include average lot sizes of 6,600 square feet. Mr. Wingert stated that with the park's reduction of six acres and traded for 13 total acres of public park improvements provided the residents in a different locations his group tried to meet the needs of the Town. Council Member Bowen appreciated the scope of Mr. Wingert's compromises with regards to the park areas. He asked about the total acreage of the public park improvements and the inclusion of the pocket parks. Mr. Wingert explained that the actual size of the new pocket parks would be dependent upon the development plated within those blocks;however he did indicate that those parks were at least one acre. Marana Regular Council Meeting 03/06/2018 Page 79 of 295 Council Member Bowen maintained that he supports the proposal with Council Member Ziegler and Vice Mayor Post, but he would like to have a bigger park in the center of the development viewing two acres as minimal. He would still support the proposed changes despite his reservations on the park size. Council Member Ziegler motioned to approve Ordinance No. 2018.005 as presented with a second provided by Vice Mayor Post. Mayor Honea asked for a roll call vote of the council members. Council Member Bowen, yes; Council Member Ziegler, yes; Vice Mayor Post, yes; Council Member Comerford, no; Council Member Kai, no; Council Member McGorray, no; Mayor Honea, no. Motion to approve Ordinance No. 2018.005 failed 3-4. Council Member Comerford stated that she wants the development to succeed but needs two more weeks to review the proposal and meet with the developer. Mayor Honea indicated that any council member could make a motion to reconsider the proposal. Town Attorney Frank Cassidy stated that as long as the Council does not close the item, any council member could make a motion to entertain other proposals or amendments to the item as presented. He noted that if there were a motion to continue the item to another meeting, it would be continued to the next regularly calendared meeting. Mr. Cassidy explained that it would be a modified motion to carry the day. Vice Mayor Post asked Mr. Wingert if there are any portions of the proposed changes that could be considered tonight in a piece meal fashion. Mr. Wingert responded that if the Council could approve any portions of the proposed changes he would appreciate it. Council Member Comerford indicated that she wants two more weeks to consider all the proposed changes and does not want to consider things in parts. She wants the additional time to speak with staff and the developer to get to a point that she is comfortable with making a decision. Council Member Comerford motioned to continue the entire proposal to the next scheduled council meeting in two weeks. Council Member Kai provided the second. Motion passed unanimously. 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. Town Manager jamsheed Mehta reported that the legislature is still considering HB 2325, which is an effort to repeal previous legislation barring counties from unilateral acquisition of land within the municipal boundaries without prior consultation of the elected municipal body. Mr. Mehta reported that there was a stakeholder meeting last week, but it was unproductive.He is not sure why there is an attempt to repeal this legislation. Mr. Mehta also discussed the bill associated with the county excise tax. He stated that as written, within Pima County it would mean a funding plan in search of a Marana Regular Council Meeting 03/06/2018 Page 80 of 295 transportation plan. He is concerned that the bill creates a loophole to convert a transportation plan in year one to a general fund property tax reduction plan for the county in year ten. He said this bill would have an impact on the Town's ability to maintain roads and looks at this bill with caution. EXECUTIVE SESSIONS: 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). ADJOURNMENT: Council Member Bowen motioned to adjourn with a second provided by Council Member McGorray. Motion passed unanimously. Meeting adjourned at 9:20 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on February 20, 2018. I further certify that a quorum was present. Hilary H. Hiser, Deputy Town Clerk Marana Regular Council Meeting 03/06/2018 Page 81 of 295 'Ad � MARANA AZ ESTABLISHED 1 9 7 7 Council-Regular Meeting L1 Meeting Date: 03/06/2018 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: March 6, 2018 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a location transfer series 9 Liquor Store liquor license application submitted by Kim Kenneth Kwiatkowski on behalf of Circle K Store #3496, located at 5725 W. Ina Road, Tucson, Arizona 85743 (Jocelyn C. Bronson) Discussion: This application is for a series 9 Liquor Store liquor license at Circle K Store #3496, located at 5725 W. Ina Road, Tucson, Arizona 85743. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the Marana Regular Council Meeting 03/06/2018 Page 82 of 295 best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt and submit to the DLLC an order recommending approval of a location transfer 9 Liquor Store liquor license application submitted by Kim Kenneth Kwiatkowski on behalf of Circle K Store #3496, located at 5725 W. Ina Road, Tucson, Arizona 85743. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a location transfer 9 Liquor Store liquor license application submitted by Kim Kenneth Kwiatkowski on behalf of Circle K Store #3496, located at 5725 W. Ina Road, Tucson, Arizona 85743. Attachments Application Affidavit of Posting Local Governing Body of Recommendation Descriptions of Common Types of Liquor Licenses Marana Regular Council Meeting 03/06/2018 Page 83 of 295 � I L : ��+ter N 2 ; DLLC USE ONLY Lfcense# T Aria Control Arizona Department �f Liquor Licenses and � o 800 W Washington 5th Floor Date Accepted: Phoenix, AZ 85007-2934 Z L 6ztf cc www.azliquor.gov (602)542-5141 7 Application for Liquor License Type or Print with Bloch Ink APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLI ABLIJ ARE NOT'REFUNDABLE A service fee of 5 will be chorged for aR dis A.R.S E TION 1 Type of License SECTION 2 Type of Ownership 01T.W.R.O.S. Ointerim Permit ElIndividual FINew License Opartnership [:]Person Transfer FCorporation OLocation Transfer(series 6,7 and ) [:]Limited Liability Co ElProbate/will Assignment/Divorce Decree (No Fees) E]Club: El Seasonal []Government ElTrust [:]Tri be E]Other(Explain) SECTION Type of license [jAdd Sampling Privilege for Series 9 and 10 only (C rnpl to Sampling Nrivile a application) A.Rt R.S. 4-206.01(fir.+'), (H), (1) & (L) DAdd Growler pnivile es (restaurant.series 12,license only. .foot resmotion applies) A.R.S.§ - (A) & (B) 1.T pe of License (restaurant, bar etc.): Liquor Store -- 2. LICENSE ## (if-Issued): 09103004 SECTION 4 Applicants 1. Agent's Name, K IATKOW KI KIM KENNETH bO 11(g j745 Last -. First slid dl.e 2.Applicant/Licensee Name: CIRCLE K STORES INC, 0 J to Z 13 (Orrmahip no me tof type of ownemhTp c hec ked c n sec do n 1 3. Business Nano (Doing Business As-DBA). CIRCLE K STORE#3495 1 `ow . 7 4. Business Location Address: 57251,E Ina Rd Tucson AZ 05743 Pima (Do not use PO Box) Street CRY Slate Zip Code COUW 5. Mailing Address: LICENSING DC-36, R BOX 52985, PHOENIX,AZ 35072-2185 (AN correspondence will be o*ad to this o re ) Street crty Stote Zip Code . Business hone: Pending Dayti r'ne Contact Phone: . Email Address.: azlic n e@aiir lek,com 8. Is the Bus:iness located within the incorporated l mit of the above oge city or town E]Yes.FlNo If you checked no,in what City.,Town,Cou ni y or Triba I/In ian Community is this business located? City of M8 r8na Department Only Foes: .410,7 . 0 "tol $ 1*0 71 APP41caftn I ntern Peru h Site inspection Finger Pti rets Total of All Fees Is Arizona Statement of Citizenship&Alien Status for State Benefits complete? s El ri0 2/15/i6ana Regular Council Meeting 03/06/2018 1 5 Page 84 of 295 Ir7dF_ii(iuci.s requiring ACOA.acc 0 M modations Please cc 11(602)542-9027 SECTION 5 Background Check EACH PERSON LISTED MUST SUBMIT A QUESTIONNAIRE,FINGERPRINT CARD ALONG WITH$22. PIRCCESSING FEE PER CARD. 1. If the applicant is an entity,not an individual,answer questions 1 a-b. 0895 a) D 06/ /1 1 ate Incorporated/Organized: State where Incorporated/Organized4 TEXAS b AZ Corporation or AZ L.L.C. File No: F-0006598-0 Date authorized to do business in AZ 04/08/1957 2. List any individual or entity that own a beneficial interest of 10170 or more and/or controls the license. If the applicant is owned by another entity, attach an organizational chart showing the ownership structure. Attach additional sheets as, needed to d i s c I os e a n y con trolling person, member, share hoId e r or genera I partner w h o awns c be nef 1 c I al interest of 10 %or more of the license. Last First Middle TrIle %Owned Moiling Address ch! State Zip Haxell Geoffrey Charles Pres/Sec/Dir 0 1130 W Warner Rd,Tempe,AZ 85284 nein ton Kathleen K Treas/VP/Dir 0 1130 W Warner Rd,Tempe,AZ 85284 Rodriguez Paul (none) VP 1 0 1130 W warner Rd,Tempe,AZ 85284 �nriatkow Kim Kenneth Asst Sec 0 1130 W Warner Rd,Tempe,AZ 85284 (Affach addlHonal shoot V necessary) -SECTION 6 Inteft Perm1t If you intend to operate business while your application is pending you will need an interim permit pursuant to A.R.S.§4-203.01 For approval of an interim permit: e There must be a valid license of the same series issued to:the current location you are applying for OR * A Hot el/Motel ricense is being replaced with a restaurant license pursuant to A.R.S.§4-203.01 (A) 1. Enter 11cense number currently at the location: 2. Is the license currently in use?El Yes El No If no, how long has,it been out of use? 1,(Signature) declare that I am the CURRENT OWNER,AGENT, OR CONTROLLING PERSON on the stated license and location. Affach a copy of the license currently Issued at this locaflon to this appilicatton. NOTARY ,State of Aftona County of On this —Day of xfr 0 before me personally appeared Day Month Year (Print Norm of o*c urmnt signer) Whose identity was proven to me an the basis of satisfactory evidence to be the person who he or she claims to be and acknowledged I hat he or she sig nod i h e a bove/attached document. Signature of NOTARY PUB Ll C (Affix Seal Above) SECTION 7 Probate, Receiver,Bankruptcy Trustee,Assignment,or DivoTce Decree of an existIng liquor license ARS§4- EACH PERSON LISTED MUST SUBMIT A QUESTIONNAIRE,FINGERPRINT CARD ALONG WITH$22. PROCESSING FEE PER CARD, I.Current Licensee's,Name: (Exactly as 0 appears an the Roes ) Last I ddle 2.Assignee's.Name: Last Hui Middle License Number-. ATTACH A COPY OF THE DOCUMENT THAT'SPE'C IFI ALLY ASSIGNS THE LIQUOR LICENSE TO THEASSIGNEE, rana Regular Council Meeting 03/06/2018 page 2 of 5 Page 85 of 295 1r)d"iv1duofs requiring ADA accommodoijons please call(602)542-9027 0 r A�1 Z'u SECTIONS: Additional Ownership NAME %OWNED ADDRESS CIRCLE K DELAWARE INC. 100% 1130 W WARN E PZ RD,TE M PE,AZ 85264 Circle K Stores Inc. Texas 618151 Charter No.0010 77D FIN#74-1149540 OFFICE Name BUSINESS ADDRESS PHONE President and Secretary Geoffte y C.Haxe 1 1130 W W a ni e r R d,Tempe,AZ 85284 (60 2)726-8000 Vice Pres ident&Secretary Kathleen K Curinington V 1130 W Wner Rd,Tempe,AZ 85284 (602)728-8000 Sr Vice Preside-fit Darrell Davis 12911 Telecom Parkway,Tampa,FL 33637 (813)91"882 S r Vice President Dennis Tewell 1130 W Warner Rd,Tempe,AZ 85284 (61D2)728-8400 V ice Pres id a nt Pia;Bach Henr%csen 495 E Rin con,Sum I so,Co ro na.CA 928 79 (951)270-5129 Vice President Paul Rodriquez 1130 W Warner Rd,Tempe,AZ 8:5284 (602)728-8000 Vice President Francis Lapointe 1130 W Warner Rd,Tempe,AZ 85284 (602)728 000 Vice President David Morgan 12911 Telecom Parkway®Tampa,FL 3W7 (951)270-5136 Vce President Brian Dednarz 25 W Cedar Str S U Re 100,Pensacola,FL 35202 (951)270-5136 Vice Pre dent Timothy Alexander Miller 1130 W Warner Rd,Tempe,AZ 8:5284 (602)728-8000 Vice President Matt McCure 2440 Whitehall Park Dr.,#8DO,Charlotte,NC 28273 (704)583-5716 Vice President Waymon(Butch)Sebes 12911 Telecom Parkway,Tampa,FL 33637 (951)270-5136 Vice President Meredith Willard Rice,Jr. 306 Gregson Cr,,Cary,NC 28273 (704)553-5712 Vice President Rodney Blariton 2440 Whitehall Park Dr.,#800,Charlotte,NC 28273 (704)583-5716 Vice President Mark Tate 1199 S Be Itl i n e Rd,#160,Coppe 11.TX 75019 (602')728-NM Vice P re a id ent Steve Lattg 215 Pandelton St,Waycross,GA 61501 (210)692-2147 Vk.e President Mark Osto�s 2440 Whitehall Park Dr.,#800,Charlotte,NC 213273 (704)683-5713 Assistant Secretary Scott J.Stevenson 1130 W Warner RdJempe,AZ 85284 (602)726-8000 Assistant Secretary Kim Kwiatkovvskii 1130 W Warne r Rd.Tempe.AZ 85284 (602)728-8000 Assistant S ec reta ry Sylvain Aubry 4204 Boul,Indust-lei,Laval(Quebec)Canada H7L 0E3 (450)662-6632 Assistant Secretary Sarah Lynn Longwell 255 E Rincon,Suite 100,Corona,CA 92879 (951)270-5136 Assistant Secretary Michael L Foster 2440!Wh fte ha I'l Park Dr,,#800,Charlotte,NC 28273 (704)583-5716 Assistant Secretary Kyle Poyer 244,0!Whitehall Pa rk Dr.,#800,C;h a Motte,NC 28273 (704)583-5116 Assistant Secretary Randy Home 12911 Telecom Parkway,Tampa,FL 33637 (813)910-6882 Assistant Secretary Tim Peters 1199 S B e IN rie Rd,#160,Goppel 1,TX 75019 (602)728-8000 Assistarit Secretary Peter Uh50 12911 Telecom Parkway,Tampa,FL 33637 (813)910-45878 Assistant S ec re ta ry Edward Giajnta 12911 Telecom Parkway,Tampa,FIL 33637 (813)910-6878 Assistant S e-c re ta ry John Little 305 Gregson Dr.,Cary,NC 28273 (704)583-5712 Assistant Secretary Aaton Brooks 305 Gregson Dr.,Cary,NC 28273 X704)583-5712 Director Business Address: 11301 ,Warner Road,Bldg S,Tempe,AZ 85284 (602)728-8000 Dornicle Address. %CSC-Lawyers Incorporat.ing Service Company,701 Brazos Street,Suite 1050,Austin,TX 78701 12,000,000 Shares Authoirized,1,000 issued at$1,00 Par. 100%owned by Circle K Dewware Inc.(FIN:46-G520672) Circle K Stores Inc-is qualified in: AL,AZ,AR,CA,CO, FL,GA,.ICS,KS,LA,MS, MO,NV,N M.N C,0 K,OR,SC,TN,TX,UT,WA Corporate Structure: C irc Is K De lava re I n r,-is 100,�(,own e d by The C!rc[e K Corporations(Goo"Hazel-Pms1denfJD1recWr) T he C i role K Corpo ratk)n i s 10 0%owned by Couche-Tard US Inc.(Geoffmy Huell-Pmsildeni!YD[recto r) Couche-Ta rd US Inc.is 100%owned by Mac's Convenience Mores Inc.(Geoffrey Haxel-Pres id e n d Director) Mac's Co n ven ie nce Sic re s I n c-is 100%owned by Co uche-Tard Inc.(Geoffrey Haxel-S r.Vice Pres id ent) Co uc he-Ta rd I nc. 100%owned by De pa n-E sco m pte Couche-Tard Inc.(Geoffrey H axe I-S r.Vice President) De pa n-E sc o m pte Co u c he-Tard Inc.is 100%owned by Alimentation Cou c he-Ta rd I n c,(Geoffrey Haxel-Sr.Vice President) Alimentation Couche-Taal Inc.is a publicly traded company(Geoffrey Haxel-Sr.Vice President) Marana Regular Council Meeting 03/06/2018 OFFICER S,XLS Page 86 of 295 SECTION 8 Government(for Cities,Towns or Counties only) 1. Government Entity: 2. Person/Designee:-- Lost First Middle Daytime Contact Phone# A SEPARATE LICENSE MUST BEI BTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED., SECTION 9 Person to Pers o n-Current Ucensee I nformotion A RS§4-203(C),(D),(G) (Bar and Liquor Stores onty-Sem 06,,07 and 09) 1.License 2.Current Agent Name; Last FIrst MIddle 3,.Current Lea ns Name+. (Excc#y as N appears on the ficense) 4.Current Business Name- (Exactly as 0 appears on the license) 5.Current Daytime Phone- Primary EmallAddress: 6. Does current licensee intend to operate the business while lhis application is pending? ❑lies 0 No 7, 1 authorize the transfer of this license to the applicant- Signature or Agent or individual controlling person NOTARY, State of ARona County of On this Day Day of Month . 20 Year before me personally appeared (Pft No m*ot Docu me*Slg nw) Whose identity was proven to me on the basis of scitisf aclory evide n ce to be the person who he or she claims to t>e and acknowledged that he or she signed the above/attached document, ....................................... .... i g n a t u r e r NOTARY PUBLIC (Affix Seal Above) SECTION 10 Proximity to Church or School - Questions to be completed by 6, 7, 9, 10 and 12G applicards. A.R.S. -207. (A) and (B) state that no retailer's license shall be issued for any promises which are at f h e time the license application is received by the director, within three hundred (300) horizontal feet of c church, within three hundred (300) horizontal feet of a public or private school building with kindergarten programs or grades one (1) through (1 2) or within throe hundred (300) horizoref al feet of a fenced recreational area adjacent to such school building. The above paragraph DOES NOT apply to.-, e)Governrnenf license(A. .. . 4-205.03)Series 5 a)R es fa u ra r,is inat do not seN growlers A-R-S,§4-205.02):Sefles 12 t)Playing are a of a golf c ours e t A.R.%So.§4-207(B)(5)) b)Hoiel,lrnotel ricense(A.R. . 4-205.0': Series 11 W h ol eso I e r/Distri butSeries 4 c�Microbre wery�A,R.S.§4-205.08.'I Series 1^5 h)Farre Ninery Series 13 d)Craft Distil �A.R.S.§4-205.10;Series 18 1)Producer Series 1 2/15 1 page 3 of 5 p3�/Or6 arana Regular Council Meeting8 iritiolll2) -0 Page 87 of 295 2ls requADA 9027 -Section 10 continued- I- Distance to nearest Schook 2.8 Miles Name of Sch.(DI: Bufterfield Elementary (H less than one(1)mile note footage) Address:3400 S Massingle Rd, Tucson, AZ 85741 2. Distance to nearest Church-, 1.1 Miles Name of Church-,Lord of Grace Lutheran Church (if less than one(I)mile note f ooto ge) ss*7250 N Cortaro Rd, Tucson, AZ 85743 Addre SECTION 11 Business Financials A.R.S.§4-202(F) 1. I cm the: OTenant:a person who holds the lease of a property-ft a lessee, D Sub-tenant-a person who holds a lease which was given to another person(tenant)for all or part of a property. ®Owner El Purchaser O Management or 2. If the premises is leased give lessors: Name: NA Address,+ NA street cily stwe Zip 3.What is the penalty if the lease is not fulfilled? $ NA or Other: 4.Total money borrowed for the Business not including lease?$ 39500,000 Please List Lenders/People you owe money to for business. Last RV lit he Amunt Owed Moft Addr&ss city Sf coo Ep Wells Fargo Bank Ac;ct-4123020789 3p5OO,OOO 333 S Grand Ave, 12th Floor,Los Angeles, CA 90071 ........... (Atta c h add Ric na I s hw 0 nemswq) 5, Has a license or a transfer license for the prem[ses on this application been denied by the state within the post year? El Yes El No If yes,attach explanation. 6.Does any spirituous liquor manufacture,wholesaler,or employee have an interest In your busine$S2 El Yes j No If yes.aftach explanaticn. SECTION 12 Di'a9varn of Premises Check ALL boxes that, apply to your business,- [I Walk-up or drive-through windows, Patio: El Contiguous El Non-Contiguous,within 30 feet 1. Is your licensed premises now closed due to construction, renovation or redesign or rebuild? Yes El No: If yes,what is your esti rnaf ed completion date? 05 15 /2018 Please attach a diagram of the premises which clearly show only the areas where spirituous liquor will be sold, served, consumed, dispensed, possessed or stored. Include all entrcinces, exits, interior walls, bar areas, dining areas, dance floor, stage, game room and the kitchen. DO NOT INCLUDE parking lots, fiVing quarters or areas where business is not conducted under this liquor license. When complefing your premises diagram, please identify which Orientation is North, 2/15/201 page 4 of 5 Marano Regular Council Meeting P od/P n Page 88 of 295 ,9018 1 c, nng A DA accomm od a ti ns p I ease call(602X542-9027 U Arizona Department of Liquor Licenses and Control ` 800 W Washington 5th Floor Phoenix.. AZ 85007-2934 , x www.azliquor.gov �co (602) 542-5141 AFFIDAVIT OF POSTING February62018 P. Date of Posting: Date of Posting Removal: � Applicant's Name: Kwiatkowski Kim Kenneth Last First Middle Business Address: X725 W. Ina Road Tucson 85743 Street city Zip License #: X9103004 1 hereby certify that pursuant to A.R.S. 4-201, 1 posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. Elton Burns, Jr. Housing Specialist 520--990--2496 Print Name of City/County Oficial Title Phone Number -9/&,.04A '�� —^ IA��14 Signature Dche Signed Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (642) 542-5141 and ask for the Licensing Division. 111241201.5 Page 1 of 1 Marano Regular Council Meeting Ody&pgiring ADA accommodations please call(602)542-9027 Page 89 of 295 LI Arizona Department of Liquor Licenses and Control cafer'r;��rNJ��. 800 W Washington 5th Floor Phoenix, AZ 85007-2934 *P512 www.azliquor.gov } o (6 02) 542-5141 RIZO Local Governing Body Recommendation A.R.S. § 4-201(C) Town of Marana 09103004 1. City or Town of.. Liquor License Application #.. (Circle one) (Arizona application#) Pima Town of Marana #LL2018-02 2. County of. City/Town/County #.. 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4-207(D)(2), (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The Marana Town Council at a Regular meeting held on the 6th of (Governing body) (Regular or special) (Day) March 12018 considered the application of Kim Kenneth Kwiatkowski (Month) (Year) (Name of applicant) for a license to sellspirituous liquor at the premises described in application 09103004 - (Arizona liquor license application#) for the license series #: typeas provided b Series #9 Liquor Store 4-201. y A.R.S § (i.e.:series#10:beer&wine store) ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF Kim Kenneth Kwiatkowski (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for (Approval,disapproval,or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at Marana, AZ on (Location) (Day) (Month) (Year) Town of Marana, Town Clerk (Printed name of city,town or county clerk) (Signature of city,town or county clerk) 9/29/2015 Marana Regular Council Meeting 03/06/2018 Page 1 of 1 Page 90 of 295 Individuals requiring ADA accommodations please call (602)542-9027 Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors,primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- &off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off- sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. Marana Regular Council Meeting 03/06/2018 Page 91 of 295 Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors,only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Regular Council Meeting 03/06/2018 Page 92 of 295 'Ad � MARANA AZ ESTABLISHED 1 9 7 7 Council-Regular Meeting L2 Meeting Date: 03/06/2018 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: March 6, 2018 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Sharon Loraine Nelson on behalf of Sunflower Vintage Gardeners to be held on March 18, 2018 (Jocelyn C. Bronson) Discussion: This application is for a special event liquor license on behalf of Sunflower Vintage Gardeners to be held on March 18, 2018. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows anon-profit or political organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty-five percent (25%) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town s limits. A new applicant for an initial special event license may be required to demonstrate that it is qualified, capable, and reliable to conduct a special event. The town may then recommend approval or disapproval of the special event liquor license. Marana Regular Council Meeting 03/06/2018 Page 93 of 295 If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Sharon Loraine Nelson on behalf of Sunflower Vintage Gardeners. OPTION 2: I move to disapprove the special event liquor license application submitted by Sharon Loraine Nelson on behalf of Sunflower Vintage Gardeners. Attachments Application Marana Regular Council Meeting 03/06/2018 Page 94 of 295 FOR DTIC USE ONLY 6 Event Dates: Arizona Department of Liquor Licenses and Control F Event time start/end: 800 W Washington 5th Floor 4 Phoenix, AI 85007-2934 CSR: www.azliquor.gov (602)542-5141 License. izo APPLICATION FOR SPECIAL EVENT LICENSE Fee=$25.00 per day for 1-10 days(consecutive) Cash Checks or Money Orders Only A service fee of$25.00 will be charged for all dishonored checks(A.R.S§44-6852) IMPORTANT INFORM TI N: This doc unient must be fully coni lefed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control(see Section 12). SECTION 1 Name of Organization Name of Licensed Contractor only (if any)r Non-Profit/IRS Tax Exempt Number. .. a`� J �I SECTION 3 Event Location:— � ...... ._. Event Address: .......... SECTION 4 Applicant must be a member of the qualifying organization and authorized by an officer, Director,or Chairperson of the organization. r � 1. Applicant: Last First Mid d10_ Dole oI 10h 2. Applicant's mailing address: 7 City State Zip . y' 3. Applicant's home/cell phone: Applicant's business phone: } 4. Applicant's email address: 1,(Print Full Name) Zif ,.declare that I am the APPLICANT filing this application as listed above. I have read the application and the contents and all statements are true,correct and complete. rs y d r - _ ,r{ ' X '.vie i _. '.. _ir"—1 r� ..._.w ......,,,.Signature � ��..�. Tdlel Posffion_ — D e Phone Number 1 f .fit�r fi The foregoing instrument was acknowledged before me this Day Month Year % r Stater-rt' Nay Con-in-li s i ion Expires on: ., �1 It 9()) Dat Signature of Notary Public Sulneflana _.... t9Ft— Notary Public 9/12/2017 Page 1 of 5 r �'; Pima County Aruona Individuals requiring ADA accommodations call(602)542-2999 � ' M C mm.Ex ices 09-11-18 Marana Regular Council Meeting 03/06/2018 SECTION 5 Regarding the application for a special event permit:The Officer, Director,or Chairperson of the organization certifies that the organization meets the criteria in A.R.S. §4--203.02(E) as indicated by checking one of the boxes below. (1) El The organization is a political party or a campaign committee supporting a candidate for public office. Please indicate the name of the candidate that the organization supports, the office that the candidate seeks, and the month and year that the candidate would first fill the office if successful. Candidate: _ Name — office Month/Year (2)10 The Organization is a non-profit entity organized in Arizona, or pursuant to the laws of another state that is eligible for designation under Section 501(C) of the internal revenue code of the United States. If the Organization is applying under option (2) as a nonprofit entity, please also INITIAL in the spaces provided next to all following statements to indicate that, to the best of the organization's knowledge, the following statements are correct. To be initialed only by an Officer, Director, or Chairperson of the organization. The Organization has received a determination letter from the Internal Revenue Service ("IRS") indicating that it is eligible for designation as a nonprofit entity under Section 501(C), eligibility or will be eligible on all days that the special event will occur, or has a pending application with the IRS for such treatment that has not been resolved but that will retroactively cover all days that the special event will occur. (Please provide a copy of either the IRS determination letter or the application [without attachments] with this application). The organization is not aware of any action taken'by the IRS to revoke,suspend, or otherwise eliminate their Eligibility under 501(C), or if there is a pending application,the eligibility has not received any indication that the IRS will deny its application and has a good faith basis formed upon a reasonable inquiry into IRS regulations, guidelines and forms that are eligible under 501(C). Akl_ The organization understands that if there is a change in circumstances after completing this form that may cause or has caused it to lose its eligibility under 501(C),whether before or after receiving an IRS determination letter,that it has an affirmative duty to notify the Department of Liquor,which may Ia . $ regarding the loss of eligibility. Suzanne Sutherland r. Notary Public _ Pima County,Arizona To be completed only by an Officer,Director,or Chairperson of the organization. My Comm.Expires 09-11-18 I,(Print Full Named__ w �--i t ! 1. ,y.._ �. � � . declare that I am an officer, Director,or Chairperson of the organization filing this application as listed above. I have read the application and the contents and all statements are true,correct and complete. n w Title/Position ate Phone Number The foregoing instrument was acknowledged before me this Day Month Year State a) of _... My Commission Expires on: Dat Signature of Notary Public SECTION 6 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes;6NO (If yes, Local Governing Body Signature not required) Name of Business License Number Phone(include Area Code) 9/12/2017 Page 2 of 5 Individuals requiring ADA accommodations call (602)542-2999 Marana Regular Council Meeting 03/06/2018 Page 96 of 295 SECTION 7 How is this special event going to conduct all dispensing,serving, and selling of spirituous liquors? Please read 8-19- 318 for explanation and check one of the following boxes. E]Place license in non-use DDispense and serve all spirituous liquors under retailer's license Dispense and serve all spirituous liquors under special event Split premise between special event and retail location (IF USING RETAIL LICENSE, PLEASE SUBMIT A LEITER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTION 8 What is the purpose of this event? on-site consumption �ff-site (auction/wine/distilled spirits pull) []Both SECTION 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? [:]YesDq"40(if yes,attach explanation.) 2. How many special event days have been issued to this organization during the calendar year? (The number cannot exceed 10 days per year.) 3. Is the organization using the services of a licensed contractor or other person to manage the sale or service of alcohol? E]Yes o(If yes,must be a licensed contractor or licensee of series 6,7,11,or 12) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25%of the gross revenues of the special event liquor sales. Attach an additional page if necessary- Name Percentage; 1orlqw Address Name Percentage: Address Street city State Zip Please read A.R.S. §4-203.02 S12ecial event license: rules and R19-1-205 Re uirements for a Special Event License. Note:ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. NO ALCOHOLIC BEVERAQLS SHALL LEAME A SPECIAL E)JENT UNLESS IHEY ARE IN AUCTION I&INE OR DISTILLE12 SPIRITS PUU SEALED CONTAINERS QR THE SPECIAL EVENT LICENSE Is STACKED WITH WINE /CRAFT DISIILLERY FESTIVAL LICENSE, 5. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers,if applicable.) Number of Police--.... Number of Security Personnel OFencing 013arriers F Y.. T, Z 5 _ Explanation. - .�: p , Ila i- 9/12/2017 Page 3 of 5 Individuals requiring ADA accommodations call i602i542-2999 Marana Regular Council Meeting 03/06/2018 Page 97 of 295 SECTlObj 10, Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days, See A.R.S.§4-244(15)and(17)for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE"DAY Date Da of Week Event Start License End Y Time AM/PM Time AM/PM DAY 1: DAY 2: _ DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 9/12/2017 Page 4 of 5 Individuals requiring ADA accommodations call(602)542-2999 Marana Regular Council Meeting 03/06/2018 Page 98 of 295 Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. SECTION 12 local Governing Body Approval Section. Date Received; I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government official) {Tine) On behalf of _�_.. (City,Town,County) Signature Date Phone SECTION 13 For Department artment of liquor licenses and Control use only. ❑APPROVAL ❑DISAPPROVAL BY: DATE: 1 A.R.S. §41-1030. Invalidify of rules not made according to this chapter, prohibited agency action,• prohibited acts by state em Io ees•enforcement: notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 9/12/217 Page 5 of 5 Marana Regular Council Meeting IRO f%844equiring ADA accommodations call(602)542-2999 Page 99 of 295 S CE ungs �tWM th" appficauon)becompteted is Sperm Event (stlow are VU-0m, - �rem. #it and pastor ) NOTE. Show r _ .��- �--, air•, '._' �'°` i'�_m�5+.". �. .,-��r.'� _.... , + � .M, �,.,.a�-ice.• .. �" +' ��"�. --�,"�-�'• ""'vr.hf„ a '� ��"'�y _ '�4�._�� -�.;�"� r ,�T •t r t F: ° u . _ 1 IF ny cP9 �f'r + e l r ! 1 Marana Regular Council Meeting 03/06/2018 Page 100 of 295 A. SUNFLOWER 11311, 0 � '•w l.,, lei L 1"' Y $ : un o .• r "L - A De! Webb Commun r. � . l � 1 - F ILI •�_ r,.�.�.S�It - L Y• a +p - T y r e- �f,6 w a �•s�� r� .ray, :`' �` r'1' ti' �-P`��°� goo `d1 " .ti " ;i 13 Marana Regular Council Meeting 03/06/2018 Page 101 of 295 'Ad � MARANA AZ ESTABLISHED 1 9 7 7 Council-Regular Meeting Al Meeting Date: 03/06/2018 To: Mayor and Council From: Steven Vasquez, Senior Planner Date: March 6, 2018 Strategic Plan Focus Area: Not Applicable Subject: PUBLIC HEARING: Ordinance No. 2018.006: Relating to Development; amending the Gladden Farms II Specific Plan to revise the land use designation of Block 35 from Single Family Detached 8 (SFD-8) to Single Family Detached 6 (SFD-6) with an average lot size of at least 6,600 square feet; to revise the land use designation of Block 34 from Commercial (C) to Transitional Zone (TR); to reduce the size of Block 32 from 8.8 acres to six acres and incorporate the excess acreage into Blocks 31 and 33 with their currently approved SFD-61and use designation; and to revise the collector roadway network to realign the eastern half of Mike Etter Boulevard and eliminate Pacheco Farms Road (Steven Vasquez) Discussion: History At the Town Council meeting of February 20, 2018, the motion to adopt the amendments to the specific plan failed by a vote of three in favor to four not in favor. A motion was subsequently approved 7-0 to continue this case to the Town Council meeting of March 6, 2018. On February 28, the property owner revised the proposal to increase the requested size of Block 32 (the park) from two acres (as presented on February 20) to six acres. Request The property owner, Crown West Realty LLC, represented by Rick Engineering, has submitted an application to amend the Gladden Farms II Specific Plan. The proposal has been revised since its original submission. The current proposal is to revise the land use designation of Block 35 from Single Family Detached 8 (SFD-8) to Single Family Detached 6 (SFD-6) with an average lot size of at least 6,600 square feet; to revise the Marana Regular Council Meeting 03/06/2018 Page 102 of 295 land use designation of Block 34 from Commercial (C) to Transitional Zone (TR); to reduce the size of Block 32 (the park) from 8.8 acres to six acres and incorporate the excess acreage into Blocks 31 and 33 with their currently approved SFD-61and use designation; and to revise the collector roadway network to realign the eastern half of Mike Etter Boulevard and eliminate Pacheco Farms Road. Location The project encompasses a portion of Section 34 and all of Section 35, directly east of the existing Gladden Farms subdivisions, with Moore Road on the north side and Tangerine Road to the south. Gladden Farms II Specific Plan The Gladden Farms II Specific Plan was approved by Mayor and Council on March 7, 2006 by Ordinance No. 2006.03. The first amendment to the Specific Plan was approved by Mayor and Council on December 19, 2006 by Ordinance No. 2006.35. The proposed second amendment is in response to changes in the land development marketplace since 2006 and will not increase the residential target count of 2,345 lots/units. The land use designation for Block 35 is proposed to be revised from Single Family Detached 8, which has a minimum lot size of 8,000 square feet, to Single Family Detached 6 (SFD-6) with a minimum lot size of 6,000 square feet and an average lot size of at least 6,600 square feet. The applicant contends that the reduced minimum lot size makes the block more marketable to home builders today. A majority of residential blocks within the original Gladden Farms development have a zoning of R-6 (minimum 6,000 square foot lots) or have been developed ata 61000 square foot lot size. Block 34 is proposed to be revised from the land use designation Commercial (C) to Transitional Zone (TR) in response to the changes in commercial development patterns. The land use designation change would result in a less intensive land use, while still allowing for mixed-use professional office and residential uses, along with limited commercial activities. Gladden Farms and the Gladden Farms II Specific Plan area will still have over 160 acres of land zoned commercial in addition to existing vacant commercial parcels closer to the Tangerine/I-10 interchange east of Gladden Farms. Block 32 currently consists of 8.8 acres of land and has a land use designation of Park (P). The proposed amendment would reduce the size of the private park area to six acres. In exchange for the reduction of park acreage, the property owner proposes to construct lighted soccer facilities in Heritage River Park. Soccer fields have been programed into the Town's capital improvement program. This arrangement could allow for the construction of this proposed CIP project sooner and provide another amenity for the area and the Town. The terms of the construction will be detailed in the near future with an amendment to the Gladden Farms II Development Agreement. The proposed six acre park within Block 32 would consist of the same amenities set forth in the existing Gladden Farms II Specific Plan, including a dog park as described in the existing plan. The eastern portion of Mike Etter Boulevard is proposed to be realigned to continue in a general eastern direction and intersect Clark Farms Boulevard at a planned signalized Marana Regular Council Meeting 03/06/2018 Page 103 of 295 intersection, approximately one-half mile north of Tangerine Road. Pacheco Farms Road would be eliminated. This revision would reduce the amount of roadway the Town would need to maintain while still providing adequate levels of service and appropriate turning movements and access. An amended traffic impact analysis has been approved by the Traffic Engineering Division. Public Notification A motion to continue this item to the next meeting (March 6) was unanimously approved at the February 20 Town Council meeting. The public notification for the February 20 meeting satisfies notice requirements for this meeting; no additional public notification was given or is required. Planning Commission At a public hearing before the Planning Commission meeting of November 29, 2017, the proposed amendments were unanimously recommended for approval 7-0. When presented to the Planning Commission, the request was to reduce the size of Block 32 to approximately three acres and a monetary contribution by Crown West was proposed for the construction of soccer fields within the Heritage River Park. The application made no mention of a dog park, and no average lot size for the change of land use designation for Block 35 was discussed. The other amendments were presented as stated in this staff report. Staff Recommendation: Staff recommends the following amendments to the Gladden Farms II Specific Plan: 1Revise the land use designation of Block 35 from SFD-8 to SFD-6 with an average lot size of at least 6,600 square feet. 2. Revise the land use designation of Block 34 from C to TR. 3• Reduce the size of Block 32 (the park) from 8.8 acres to six acres. 4. Revise the collector roadway network to realign the eastern half of Mike Etter Boulevard and eliminate Pacheco Farms Road. Exhibit A to Ordinance 2018.006 (the land use concept plan) and the Gladden Farms II Specific Plan as amended by this ordinance will need to be modified to conform to the Council's action. Therefore, staff recommends adoption of Ordinance No. 2018.006 with the following conditions: 1• All of the rezoning conditions of Ordinance No. 2006.03 and Ordinance No. 2006.35 remain applicable to this project except for any conditions that have been modified by this amendment in which case the modified conditions will take precedence. 2. Compliance with all applicable provisions of the Town's codes and ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements and payment of application fees and applicable development fees. 3The ultimate development proposed by this amendment shall be consistent with the adopted development agreement as amended. 4. No approval, permit or authorization by the Town of Marana authorizes violation Marana Regular Council Meeting 03/06/2018 Page 104 of 295 of any federal or state law or regulation or relieves the Property Owners from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. Within 60 days after the adoption of this ordinance, the Property Owners shall provide the Planning Department with ten bound copies and three electronic copies (on CD) in PDF format of the Gladden Farms II Specific Plan document as amended by this ordinance. Suggested Motion: I move to adopt Ordinance No. 2018.006 subject to the recommended conditions, amending the Gladden Farms II Specific Plan to revise the land use designation of Block 35 from Single Family Detached 8 (SFD-8) to Single Family Detached 6 (SFD-6) with an average lot size of at least 6,600 square feet; to revise the land use designation of Block 34 from Commercial (C) to Transitional Zone (TR); to reduce the size of Block 32 (the park) from 8.8 acres to six acres and incorporate the excess acreage into Blocks 31 and 33 with their currently approved SFD-61and use designation; and to revise the collector roadway network to realign the eastern half of Mike Etter Boulevard and eliminate Pacheco Farms Road. Attachments Ordinance No. 2018.006 Exhibit A PCZ1708-002 GF II 2nd Amend Narrative GF II Specific Plan PCZ1708-002 GF II SP 2nd Amend Location Map PCZ1708-002 GF II SP 2nd Amend App Marana Regular Council Meeting 03/06/2018 Page 105 of 295 MARANA ORDINANCE NO.2018.006 RELATING TO DEVELOPMENT; AMENDING THE GLADDEN FARMS II SPECIFIC PLAN TO REVISE THE LAND USE DESIGNATION OF BLOCK 35 FROM SINGLE FAMILY DETACHED 8 (SFD-8) TO SINGLE FAMILY DETACHED 6 (SFD-6) WITH AN AVERAGE LOT SIZE OF AT LEAST 600 0 0 SQUARE FEET; TO REVISE THE LAND USE DESIGNATION OF BLOCK 34 FROM COMMERCIAL (C) TO TRANSITIONAL ZONE (TR); TO REDUCE THE SIZE OF BLOCK 32 FROM 8.8 ACRES TO SIX ACRES AND INCORPORATE THE EXCESS ACREAGE INTO BLOCKS 31 AND 33 WITH THEIR CURRENTLY APPROVED SFD-6 LAND USE DESIGNATION; AND TO REVISE THE COLLECTOR ROADWAY NETWORK TO REALIGN THE EASTERN HALF OF MIKE ETTER BOULEVARD AND ELIMINATE PACHECO FARMS ROAD WHEREAS the Gladden Farms II Specific Plan was adopted by the Mayor and Town Council March 7, 2006 by Ordinance 2006.03; and WHEREAS the first amendment to the Gladden Farms II Specific Plan was adopted by the Mayor and Town Council Marana December 19, 2006 by Ordinance 2006.35; and WHEREAS Crown West Realty LLC (the "Property Owner") owns approximately 435 acres of land located within portions of Section 34 and 35, Township 11 South, Range 11 East, depicted on Exhibit "A" attached to and incorporated in this ordinance by this reference (the "Rezoning Area"); and WHEREAS the Property Owner has authorized Rick Engineering Company to submit an application to amend the Gladden Farms II Specific Plan; and WHEREAS the particular elements of the application to amend the Gladden Farms II Specific Plan have been revised since its original submission; and WHEREAS the current version of the application to amend the Gladden Farms II Specific Plan proposes to amend the Gladden Farms II Specific Plan to revise the land use designation of Block 35 from Single Family Detached 8 (SFD-8) to Single Family Detached 6 (SFD-6) with an average lot size of at least 6,600 square feet, to revise the land use designation of Block 34 from Commercial (C) to Transitional Zone (TR), to reduce the size of Block 32 (the park) from 8.8 acres to six acres and incorporate the excess acreage acres into Blocks 31 and 33 with their currently approved SFD-6 land use designation, and to revise the collector roadway network to realign the eastern half of Mike Etter Boulevard and eliminate Pacheco Farms Road; and WHEREAS the Marana. Planning Comm ssion held a public hearing on November 29, 2017, and voted seven to zero to recommend that the Town Council approve this amendment as it was then presented; and Marana Regular Council Meeting 03/06/2018 Page 106 of 295 WHEREAS the Marana. Town Council held a public hearing on February 20, 2018, where action on this amendment was continued to March 6, 2018, by unanimously-approved motion; and WHEREAS the Marana Town Council considered this amendment at its meeting on March 6, 2018, and determined that this amendment should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona., as follows: Section 1. The Gladden Farms II Specific Plan's Land Use Concept Plan is hereby amended by changing the land use designation of Block 35 from Single Family Detached 8 (SFD-8) to Single Family Detached 6 (SFD-6) with an average lot size of at least 6,600 square feet and by changing the land use designation of Block 34 from Commercial (C) to Transitional Zone (TR) as depicted in the specific plan amendment, attached as Exhibit "A". Section 2. The size of Block 32 is reduced from 8.8 acres to six acres and the excess acreage will be incorporated into Blocks 31 and 33 with their currently approved SFD-6 land use designation. Section 3. The collector roadway network is revised to realign the eastern half of Mike Etter Boulevard and eliminate Pacheco Farms Road. Section 4. This amendment is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this amendment), and which shall be binding on the Property Owner and its successors in interest (all of whom are collectively included in the term "Property Owner" in the following conditions): 1. All of the rezoning conditions of Ordinance 2006.03 and Ordinance 2006.35 remain applicable to this project except for any conditions that have been modified by this amendment in which case the modified conditions will take precedence. 2. Compliance with all applicable provisions of the Town's codes and ordinances current at the time of any subsequent development including but not limited to, requirements for public improvements and payment of application fees and applicable development fees. 3. The ultimate development proposed by this amendment shall be consistent with the adopted development agreement as it may be amended. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Property Owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. Within 60 days after the adoption of this ordinance, the Property Owner shall provide the Planning Department with ten bound copies and three electronic copies (on CD) in PDF format of the Gladden Farms II Specific Plan document as amended by this ordinance. Marana Regular Council Meeting 03/06/2018 Page 107 of 295 Section 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 6. 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, such decision shall not affect the validity of the remaining portions of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona., this 6th day of March, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Regular Council Meeting 03/06/2018 Page 108 of 295 EXHIBIT A gladden Farms ii Specific Plan Amendment Land Use Concept Plan Exhibit D.1: Land Use Concept Plan BLOCK 44 M REROAD ;>: BLOCK 28 BLOCY,27 * , BLOCK 29 4 ----- �BLOCK % F � � BLOCK 31 " BLOCK 32 BLOCK 30 m, BLACK 33 BLOCK 34 n e- OF t w 96, BLOCK 3 BLOCK 37 BLOCK 38 BLOCK 36 BLOCK 42 � BLOCK 40 BLOCK 43 BLOCK 39 i' BLOCK 41 TANGERINE ROAD LEGEND SFD-6 SINGLE FAMILY DETACHED PARK SFD 7 SINGLE FAMILY DETACHED •■ TRAILS HDR HIGH DENSITY RESIDENTIAL OPEN SPACE OVERLAY ZONE TR TRANSITIONAL ACCESS POINTS C COMMERCIAL S!cIR LER1111.................INc COMPA%T Marana Regular Council Meeting 03/06/2018 Page 109 of 295 Gladden Farms 11 Specif'Ic 2nd Narrat'ive IIII « 5•p«� � .. � .. ... �,# 'Q�. •}-. Fax'; ° d 1a'IIIIY 1 " a � s 077 ' 4^ I ew a " y �1 r h ter. � w x -fin. ��.5 � •�w, � — ... � r �y Al t n In ° R M= 1. ^a ,~ r. 01 INN— x I y e , nM - k r n T # yyp{{{ E,. U — U nx S k- #d # ENGINEERING COMPANY Marana Regular Council Meeting 03/06/2018 Page 110 of 295 Gladden Farms II 2"d Specific Plan Amendment Narrative Submitted to: Town of Marana 11555 West Civic Center Drive Marana, Arizona 85635 Prepared for: Gladden Phase II LLC and Gladden Phase II Dev 333 East Wetmore Road Suite 250 Tucson, Arizona 58705 Prepared by: Rick Engineering Company 3945 East Fort Lowell Road Suite 111 Tucson, Arizona, 85701 F3tV Revised: February 2018 Revised: November, 2017 August, 2017 PCZ1 708-002 (PCZ05-028) Marana Regular Council Meeting 03/06/2018 Page 111 of 295 Gladden Farms II Specific Plan Amendment Table of Contents Table of Contents A. Status...................................................................................... 1 B. Amendment Requests............................................................. 3 C. Compatibility with Adjoining Development.......................... 6 D. Land Use Concept Plan......................................................... 7 E. Circulation Concept Plan....................................................... 11 F. Open Space, Recreation, Parks and Trails Concept ............ 13 G. Implementation and Administration....................................... 15 MM ' i Marana Regular Council Meeting 03/06/2018 Page 112 of 295 Gladden Farms II Specific Plan Amendment Plan Status Gladden Farms IISpecific Plan A. Status This request for an amendment to the Gladden Farms II Specific Plan is due to changes in the marketplace since the Plan was last amended in 2006. This amendment will affect only Blocks 28, 31, 32, 33, 341 351 371 381 42, and 43. Blocks 26, 27, 29, 30, 36, 39, 40, 41, and 44 are not being amended in any way in regards to their land use, development regulations, or parcel boundaries and are not a part of this amendment process. The amendment can be summarized as: 1) A revision to the collector roadway network in a portion of the community which will realign the eastern half of Mike Etter Boulevard and eliminate the planned Pacheco Farms Road. 2) A revision to the minimum lot size within Block 35 from 8,000 square foot lots to 6,000 square foot lots. Lots would average at least 6,600 square feet in size. 3) A reduction to the size of the Block 32 private open space area in exchange the developer is to construct new public soccer facilities and a dog park at the adjacent Gladden Farms Community Park, and a corresponding expansion of Blocks 31 and 33 along with their designated residential land use category. 4) The addition of private recreation facilities within Block 31 and Block 33 in conformance with Town Code. 5) A revision to the land use for Block 34 from Commercial (C) to Transitional (TR). Since the First Amendment to the Specific Plan was approved in 2006, the master developer has recorded a Block Plat for the entire property, entered into a Development Agreement with the Town, secured future infrastructure improvements via a Performance Bond and an Assurance Agreement, and formed a Community Facilities District. In addition, all of the property is a part of the Tangerine Farms Road Improvement District and the master developer has remained current with all of their assessment payments since the Improvement District was formed in 2006. MM ' Marana Regular Council Meeting 03/06/2018 Page 113 of 295 Gladden Farms II Specific Plan Amendment Plan Status The master developer remains the owner of all of the property except for: 1) Block 29, which has been sold to a national healthcare provider, and 2) a three acre portion of Block 43 which has been sold to the Northwest Fire District. These parcels are not part of this request. The master developer has also recorded a subdivision Final Plat for Blocks 26, 35 and 39, received approval of a Tentative Plat for Block 30, and has prepared and received approval of significant engineering improvement plans for utilities, roadways, and drainage features. MM ' 2 Marana Regular Council Meeting 03/06/2018 Page 114 of 295 Gladden Farms II Specific Plan Amendment Amendment Requests B. Amendment Requests 1. A revision to the collector roadway network in a portion of the community which will realign the eastern half of Mike Etter Boulevard and eliminate the planned Pacheco Farms Road. As shown on Exhibit E.1: Circulation Plan, the eastern portion of Mike Etter Boulevard would be realigned to continue in a general eastern direction and intersect Clark Farms Boulevard at a planned signalized intersection, roughly one-half mile north of Tangerine Road. Pacheco Farms Road would be deleted. The traffic volumes within the development would continue to have adequate levels of service and provide for appropriate turning movements and access. The Town would benefit from not being required to maintain and operate an unnecessary public collector roadway. Block 28, which consists of 28-acres with a Transitional (TR) land use, would no longer have direct access to Mike Etter Boulevard, but would have multiple access points directly onto Clark Farms Boulevard in addition to private cross-access to the adjacent Block 34. Block 37, which consists of 46-acres of High Density Residential (HDR) land use, would no longer have access to Pacheco Farms Road, but would have multiple access points directly onto Mike Etter Boulevard in addition to private cross-access to the adjacent Block 42. Block 38, which consists of 32-acres of Commercial (C) land use, would no longer have access onto Pacheco Farms Road but would now have direct access onto the realigned Mike Etter Boulevard, in addition to direct access onto Clark Farms Boulevard. Block 42, which consists of 36 acres of High Density Residential (HDR) land use, would no longer have access onto Pacheco Farms Road, but would have access to Tangerine Road in addition to private cross-access to the adjacent Block 41 Marana Regular Council Meeting 03/06/2018 Page 115 of 295 Gladden Farms II Specific Plan Amendment Amendment Requests Block 43, which consists of 40-acres of Commercial (C) land use, would no longer have access onto Pacheco Farms Road but would have multiple access points onto both Tangerine Road and Clark Farms Boulevard. Based on the realigned roadway network, all affected Blocks would have their boundaries adjusted accordingly via an Amended Master Block Plat, and their current land use extended and/or shortened to the revised Block boundary lines via this amendment. 2. A revision to the minimum lot size within Block 35 from 8,000 square foot lots to 6,000 square foot lots. Block 35 currently has a land use designation of Single-Family Detached- 8 (SFD -8) which sets forth a minimum lot size of 8,000 square feet. This is the only Block within Gladden Farms II with that land use designation, and Blocks within Gladden Farms I with an 8,000 square foot lot requirement have historically proven to be too large for the market and difficult to attract a homebuilder. The amendment would reduce the minimum lot size to 6,000 square feet and change the land use designation for Block 35 to SFD-6. The lots would average at least 6,600 square feet in size. The master developer still owns all of the property adjacent to Block 35 to the southern, eastern, and northern sides. On the west side of Block 35 there are eight existing single-family homes within Gladden Farms I, Blocks 18/20 that are in proximity to Block 35. These homes will be separated from Block 35 by the 100-foot wide (minimum width) heavily landscaped Postvale Pathway Corridor. In addition, the revised configuration of Block 35 will include an expansion of the neighborhood's pocket park, so that its size is in excess of the Town's required 185 square feet per lot standard. 3. A reduction to the size of the Block 32 private open space area in exchange for the developer constructing new public soccer facilities and a dog park at the adjacent Gladden Farms Community Park. Block 32 currently consists of 8.3-acres and has a land use designation of Park (P). The amendment would reduce the size of the park features to approximately 2-acres which would be located at the highly accessible and visible intersection of Mike Etter Boulevard and Midfield Road. 0m , Marana Regular Council Meeting 03/06/2018 Page 116 of 295 Gladden Farms II Specific Plan Amendment Amendment Requests Block 32 would consist of passive open space features and active recreational uses would be added within Blocks 31 and 33. The park features would continue to be private and be owned and maintained by the Gladden Farms Community Association. The adjacent local public street, Mayville Loop, would be deleted. The approximate 2-acres of open park space would be wrapped into the land planning and connectivity of the adjacent residential Blocks 31 and 33. Based on the deletion of Mayville Loop and the revised open space park area, Blocks 31 and 33 would have their boundaries adjusted accordingly via an Amended Master Block Plat, and their current land use, (SFD-6), extended to the revised Block boundary lines via this amendment. The master developer will construct new public soccer fields and a dog park in the adjacent Gladden Farms Community Park. The terms of the contribution will be detailed in the forthcoming amendment to the Gladden Farms II Development Agreement with the Town. 4. A revision to the land use designation for Block 34 from Commercial (C) to Transitional (TR). Block 34 currently has a land use designation of Commercial (C). The amendment would change this land use designation to Transitional (TR). The planned regional shopping center east of Block 34, along with the planned auto-mall development has not been advanced over the past decade and has likely become more speculative with the ongoing competitive development of the Marana Center at Twin Peaks Road. Gladden Farms contains over 160- acres of other commercially-zoned parcels in addition to the existing vacant commercial parcels closer to the Tangerine Road / 1-10 interchange outside of Gladden Farms. A change in zoning for Block 34 from Commercial to Transitional would result in a less intensive land use, while still allowing for mixed-use professional office and residential uses, along with limited commercial activities. MM ' Marana Regular Council Meeting 03/06/2018 Page 117 of 295 Gladden Farms II Specific Plan Amendment Compatibility with Adjoining Development C. CompatibilityAdjoining with Development The Gladden Farms II Specific Plan seeks to be compatible with the existing and planned development in the area. Gladden Farms I is west of the project site. The same Master Developer is responsible for both Gladden Farms I and Gladden Farms II. As such, the Master Developer will create an integrated community that reflects the same extensive design considerations and theme. Which each neighborhood within the respective developments will have unique identifying features, they will be compatible in look, quality of development, and amenities offered to residents. Both Gladden Farms developments combine a mixture of residential densities with commercial, office, and recreational land uses to promote the village commercial theme outlined the Northwest Marana Area Plan. In addition, the two communities will be connected via local roads and paseos to promote community interaction. MM ' 6 Marana Regular Council Meeting 03/06/2018 Page 118 of 295 Gladden Farms II Specific Plan Amendment Land Use Concept Plan D. Land Use Concept Plan The Gladden Farms II Specific Plan encompasses approximately 636 acres in Northwest Marana, north of Tangerine Road, south of Moore Road, and east of the Gladden Farms I community. While this Plan does not include the Gladden Farms I community, the ultimate goal is to have Gladden Farms I and II function as a single community. As such, Gladden Farms II has been designed to transition from the residential uses along the western boundary to commercial uses in the east. The residential densities along the western boundary will feature 6,000 and 7,000 square foot minimum lot sizes, similar to those in Gladden Farms I. The densities increase to the east with 6,000 square foot lots and High Density Residential (HDR) which allows the option for attached units. The increase in density provides an appropriate transition to the commercial areas on the eastern boundary. The Plan calls for a mixture of residential densities, lot sizes, housing types (single-family attached and detached and multi-family) and commercial/office uses. In addition, there will be recreational opportunities for the Gladden Farms I and 11 residents in the form of open space paseos. The land use concept designates blocks along the eastern boundary for commercial use. Due to the proximity to Interstate 10, it is anticipated that the property to the east of Gladden Farms II will be developed as an intense regional commercial use: making residential uses less appropriate in this area. The commercial within the Specific Plan area is generally intended to serve the residents of Gladden Farms with neighborhood commercial services. See Exhibits D.1: Land Use Concept Plan and D.2: Land Use Designation Map MM ' 7 Marana Regular Council Meeting 03/06/2018 Page 119 of 295 Gladden Farms II Specific Plan Amendment Land Use Concept Plan Land Use Table Block Gross Acres Net Acres Land Use Target for Lots/U n its 26 28.7 20.7 SFD-6 96** 27 36.9 31.1 HDR 197 28 27.8 23.2 TR 284 29 64.1 57.8* C N/A 30 45.7 29.6 SFD-7 134 31 26.1 22.3 SFD-6 105 32 3.0 2.0 P N/A 33 37.7 29.2 SFD-6 139 34 37.6 33.6 TR 403 35 32.0 27.2 SFD-6 108 36 27.4 20.5 HDR 120 37 46.3 31.1 HDR 187 38 31.7 28.8 C N/A 39 48.2 32.4 SFD-7 123** 40 31.2 25.6 HDR 154 41 32.9 20.2 HDR 121 42 36.5 28.5 HDR 171 43 39.9 30.0 C N/A 44 2.3 1.4 TR N/A Total Acres 636.3 495.2 27345 Open Space 72.2 Overlay Zone/Drainage Roads 68.9 Total Units: 2,345. (Target of 1,975 single-family units; 370 individual units of multi-family housing). Overall Density: 4 RAC *Areas updated based on the block plat. **Number of platted lots. KEY: SFD-7: Single-Family Detached SFD-6: Single-Family Detached HDR: High Density Residential TR: Transitional C: Commercial P: Park 0m , 8 Marana Regular Council Meeting 03/06/2018 Page 120 of 295 Gladden Farms II Specific Plan Amendment Land Use Concept Plan Exhibit D.1 : Land Use Concept Plan BLOCK 44 MOO F E 70 b BLOCK 26 BLOCK 27 BLOCK 29 BLOCK 28 BLOC 31 ---'__ BLOCK 32 I_ BLOCK BLOCK 34 T T-T-r - ` * BLOCK 33 I T , 1� 1 r BLOCK 34: i5 � BLOCK 37 � BLOCK 38 BLOCK 36 BLOCK 42 - ■ F BLOCK 40 BLOCK 43 BLOCK 39 BLOCK 41 TANGERINE ROAD LEGEND r SF:D-6 SINGLE FA,.,`IILY DETACHED PAIN SF1D-7 SINGLE FAN-1I1-Y DETACHED TRAILS HDR HIGH DENSITY RESIDENTIAL OPEN SPACE OVERLAY ZONE TR TRANSITIONAL ACCESS POINTS C COMMERCIAL om 9 Marana Regular Council Meeting 03/06/2018 Page 121 of 295 Gladden Farms II Specific Plan Amendment Land Use Concept Plan Exhibit D.2: Land Use Designation Map BLOCK 44 2.3 AC TR MooRE RnAn '_ BLOCK 27 ILI BLOCK 26 36.9 AC BLOCK 29 � ' y. 26.7 AC HDR 64.1 A w . SFD-6 C r — r .s _ BLOCK 28 BLOCK 1 7. A 26.1 AC �,,.7 —=, r F D-6 '--�� ...... � BLS 3.0 AC J . —� BLOCK 30 PARK BLOCK 34 ;' 46,7 AC BLOCK 33 4 , . SFD—�' 37.7 A 37.6 AC �— SFD-6 TIS T --� —� LIQ r BLOCK 35 32.0 AC BLOCK 37 � BLOCK 38 7d4 6. A SFD-6 31.7 A BLOCK 3 HCR 27.4 AC C HDR � BLOCK 42 36.5 AC BUCK40 `` HDR 31.2 AC BLOCK 43 BLOCK 39 HDR 39.9 A 46.2 AC BLOCK 41 �� C SFD-7 32.9 AC HDR 9� TANGERINE ROAD LEGEND SFID-6 SINGLE FAMILY DETACHED TRAILS SFD-7 SINGLE FAMILY DETACHED OPEN BRACE OVERLAY ZONE HDR HIGH DENSITY RESIDENTIAL TFC TRANSITIONAL C COMMERCIAL. P PARK MM 10 Marana Regular Council Meeting 03/06/2018 Page 122 of 295 Gladden Farms II Specific Plan Amendment Circulation Concept Plan E. Circulation Concept Plan The Gladden Farms II Circulation Plan establishes the general layout for arterial and collector roads while accommodating all modes of transportation-auto, bicycle, and pedestrian. The arterial roads adjacent to the property and the collector roads within the development will have multi-use lanes and sidewalks to accommodate bicyclists and pedestrians. In addition, the roads will connect to the open space paseos throughout the property, linking bicyclists and pedestrians to the regional trail system. The primary access points into the development will be along Tangerine Road from the southern boundary along with Clark Farms Boulevard on the eastern boundary. Additional access will be available from Moore Road on the northern boundary of the property. Tangerine Road is easily accessible from Interstate 10 from a full interchange. A traffic interchange is planned for Moore Road as well. The Tangerine Road 250-foot right-of- way accommodates a 4-lane divided road with a 90-foot landscape buffer and an 8-foot meandering trail on one side and a 20-foot landscape buffer with sidewalk on the opposite side of the road. The arterial roads will provide access to interior collector streets that will create the spine infrastructure for the development. Mike Etter Boulevard and Midfield Road have 90-foot right-of-ways that will accommodate 2 travel lanes of traffic, multi-use lanes, and sidewalks. Residential streets branching off of the spine roads provide access to the individual subdivisions. Local street connections will be established between this Specific Plan and Gladden to create interconnectivity between the two developments. See Exhibit E.1: Circulation Concept Plan MM ' 11 Marana Regular Council Meeting 03/06/2018 Page 123 of 295 Gladden Farms II Specific Plan Amendment Circulation Concept Plan Exhibit E.1 : Circulation Concept Plan BLOCK 44 �r M ORE RO '� 70 BLOCK 26 .�" BLOCK 27 _ m 1" BLOCK 2 44 BLOCK 28 ' I BLOCK 31 1 I lI ` �i - 1 BLOCK32 7�7 BLOCK 30 BLOCK 33 BLOCK 34 � � # �► OL [{ 1 • _ f4�- 1 BLOCK 36 BLOCS BLOCK38 . j5 ;�- 1 ' BLOCK 3 b7•-., 1 :5 1 +► BLOCK 42 - _ 1 BLOCK 40 BLOCK 43 y BLOCK 3 ' BLOCK 41 ` --ti TANGERINE INE ROAD LEGEND ,r• TRAILS <rL ACCESS POINTS 12 Marana Regular Council Meeting 03/06/2018 Page 124 of 295 Gladden Farms II Specific Plan Amendment Open Space, Recreation, Parks and Trails Concept F. Open Space, Recreation, Parks and Trails Concept An extensive open space paseo system will link all areas of the Specific Plan to the regional trail system in a similar fashion to what has already been accomplished within Gladden Farms I. The open space will be installed by the Master Developer and maintained by the Gladden Farms Community Association. The paseos will include a multi-use trail for pedestrians and bicyclists. The multi-use trail will meander throughout the property, creating a visually appealing trail, to enhance the users' experience. The paseos will be landscaped with drought-tolerant vegetation with some areas of turf to aid in drainage of the property. The turf will be used in limited areas and shall have smooth curving edges. The development will feature pocket parks and other open space which will count for the required dedication of 185 square feet per single-family residence of on-site recreation area.140-square feet for townhomes, and 100 square feet for apartments for private on-site recreation areas, per the Town of Marana Park System Master Plan. See Exhibit F.1: Open Space Concept Plan 0m , 13 Marana Regular Council Meeting 03/06/2018 Page 125 of 295 Gladden Farms II Specific Plan Amendment Open Space, Recreation, Parks and Trails Concept Exhibit F.1 : Open Space Concept Plan BLOCK 44 moo RE- ROAD � F�jd BLOCK � BLOCK � 0 BLOCK 29 V 11 lip BLOCK 28 'S 1 1 BLOCK 31 t' L- � 1 Fil-- BLOCK 32 4I BLOCK 3 ► BLOCK 34 � � * BLOCK 33 r - � r �. _r� ---rti 1� ► t BLOCK35 BLOCK 37 BLOCK 38 BLOCK 36 • ' �_ 1f BLOCK 42 1 r- 1 ,I �► BLOCK 40 • BLOCK 43 BLOCK 39 �o • BLOCK 41 �- TANGERINE ROAD LEGEND TRAILS OPEN SPACE OVERLAY ZONE 14 Marana Regular Council Meeting 03/06/2018 Page 126 of 295 Gladden Farms II Specific Plan Amendment Implementation and Administration G. Implementation and Administration 1 . Phasing The development will consist of multiple phases, likely beginning in the southwest corner. The initial site work is proposed to begin in 2018. Infrastructure such as roads, sewer, water and grading will be constructed and extended in accordance to the build out of the project. Construction of the houses is estimated to begin the following year. The spine infrastructure needed to serve the blocks will be in place by the time the certificates of occupancy are issued for said blocks. Phase I may include Blocks 39, 35, 40 and 36. Phase II may include Blocks 30, 26 and 41. Phase I I I may include Blocks 27, 31, 33, 37 and 42. The final phase, Phase IV, may include Blocks 28, 29, 34, 38, 43 and 44. MM ' 15 Marana Regular Council Meeting 03/06/2018 Page 127 of 295 Gladden Farms // Specific Plan PCZ=05028 IV 01 All i r ti ti. + y , e " w F `rT M 1` r. f s 1 N M1 D a1' vim i 110 SOUTH CHURCH, SUITE 6320 TUCSON, ARIZONA 85701 520,623.6146 fax 520. .1950 www.azplanningcenter.com THE PLANNING CENTER Marana Regular Council Meeting 03/06/2018 Page 128 of 295 Gladden Farms II Specific Plan Submitted to: Town of Marana 3695 west orange Grove Road Tucson, Arizona 85741 Prepared for: FC/M Gladden II, LLC 333 East Wetmore Road Suite 250 Tucson, Arizona 85705 Prepared by: The Planning Center 110 South Church Suite 6320 Tucson, Arizona 85701 THE PLANNING CENTER Specific Plan Adopted March 7, 2006 Amendment Approval December 18, 2006 Marana Regular Council Meeting 03/06/2018 Page 129 of 295 For clarification of material contained in this Specific Plan contact: The Planning Center 110 South Church Suite 6320 Tucson, Arizona 85701 Telephone: (520) 623-6146 Fax: (520) 622-1950 Marana Regular Council Meeting 03/06/2018 Page 130 of 295 MARANA ORDINANCE NO* 20,06.03 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO CREATE THE GLADDEN FARMS II SPECIFIC PLAN'. WH E R EA S,The PI anni n g Center repres ents the prop-erty owners of app ro x I mate I v 6 3 6 acres of land located within portions of Sections 34 and 35, Township I I South, Range I I FIL-Ist, as depicted on Exhibit"A"and Exhibit"B""'.attached hereto and i neorporated herein by t I 11 s refel-ell cc, and, W H EREA S,the Marano P1 anning Co mmission held a public hearing on December 14,2 005, and at said meeting voted unaniniously to recommend that the Town Council approve said rezoning, adopting the recommended conditions: and WHEREAS, the Martina Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council rneeting held March 7,20,06 and has determined that the rezoning meets the criteria for a minor amendmcnt to the General Plan, changing the land use designation from Medium Density Residential and Corridor ComnTnerce to Master Planning Area, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows-, Section 1. A minor amendment to the General Pl,,,In of approximately 636-acres of land located within portions of Sections 34 and 35, Townsbij-) 11. South, Range 11 East,, east of flic, existing Gladden Farms development, south of Moore Rmid and north of the future Tangerine I'arms Road (the"'Rezoning Area"), changing the land use des icluiaLion from Medium Density Residential and Corridor Commerce to Master Planning Area. Section 2. The zoning,of approximately 636-acres of land located within portions of Sections 34 and 35, Township 1. 1 South, Range 11 East, east of the existing Gladden Fauns development, south of Moore Road and north of the future Tangerine Fanns Road the 'F"Rezoning Area 1115), i s hereby changed from Zone "'C"' (Large Lot Zone) to whF%-I (Specific Plan) creating the Gladden Farms 11 Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning, Area fornix. of residential dcrisities and housing types., commercial uses and recreation and open space, subject to the following conditions,the violation,of which shall be treated in the swine manner as a violation of the Town of Marana Land Development Code(but which shall not cause a reversion ofthis rezonilig ordinance): Mama Ordlmm:e No-2006,03 Page I of 3 Marana Regular Council Meeting 03/06/2018 Page 131 of 295 Compliance with all applicable provisions of the Town's. Codes,and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements 2. The ultimate development proposed by this rezoning shall be consistent with the adopted development agreement. 3. The property owner shall not cause any lot split of any k-ind without the written consent of the Town of Marana. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and lationsincluding the Endangered Species Act and.the Clean Water Act. Appropriate .,u cxperts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and rep,,L,ilations. 5. The developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Moore Road and Clark Farms Boulevard with the recording of the final block plat or within 60 days of demand by the Town. 6. A water service agreement shall be submitted by the developer and. accepted by the Utilities Director prior to the Water Master Plan being accepted by the Utilities Director. 7. A sewer service agreement shall be submitted by the developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the Sewer Master Plan being accepted. 8. Installation of dual water fines shall be required per the adopted Northwest M.Icara]la Area Plan. 9. Potential buyers shall be notified that some or all of the property in this rezoning is SUbject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 10. The developer shall record an avigation easement wifli the recording of the final block- plat. ] L Upon adoption of the ordinance by the Mayor and Council approving the Gladden F.arnes H Specific Plan, the applicant shall provide the plarining department with the foliowing final edition of the Gladden Farms II Specific F'Ian: one non-bound original; forty bound copies; and, one digital copy in Microsoft Woi-d or other acceptable format, within 60 days of the adoption. Section 4. All Ordimancesl Resolutions and Motions, and parts of Ordinances., Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2006.03. Section5. 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 j ur'sd iction, such decision shall not affect the validity of the remaining portions hereof. M ara na Ord 1 nance No 2-MM.0 3 Page 2 of 3 Marana Regular Council Meeting 03/06/2018 Page 132 of 295 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,Arizona,this 7I day of March, 2006. i, Mayor 4,, .nea ATTEST MM1 , elyn ronson Town ClerkZI FT M �Ll�G APPROV AS TO FORM: mom �� -S AL We'f AN F nk Cass] T4ownAttomc Marana Ordinance No.20D6.03 tri } ' f` ti. Marana Regular Council Meeting 03/06/2018 Page 133 of 295 EXHIBIT That pari of Section 35,, Township 11 South, Range 11 East, it and Salt River Meridian, Pima County, Arizona., lying 'South and West of the Southwest right of way line of 'the relocated Tucson-Picacho Highway, Federal Interstate Project 94, as it existed on May 15, 1950; EXCEPT THEREFROM the right of way for Moore Road., formerly Grier Road, over the North 30 feet ihereof, as shown on the map recorded In Book 2 of Road Maps, Pages 126 through 1291 AND EXCEPT THERFFROM the following two well sites belonging to Cortaro Water Users' Association: Marana Well No. 13 That portion of the Southeast quarter of the Southeast quarter of Section 35,, Township 11 South, Range 1 1 East, Gila and Salt River Meridian, Pima County, Arizona, particularly bounded and described as follows: BFGlNNiNC'i al a point which is 62.5feet Northerly and 25 feet Westerly from the Southeast corner of sald Section 35; THENCE Westerly 62.b feet from and parallel to the South boundary line of said Section 35, a distance of 26.8 feet to a point which intersects the Northeast right-of-way line of the Cortaro Water Users" Lateral, No. 6-1/2; THENCE in a Northweslerly direction along the said right-of-way line of Cortaro Water Users' Lateral No. 6-1/2 a dislancux of 109.3 feet to a point; THENCE Easterly, 150 feet from and parallel to the South boundary line, of said Section 35, a d',stance of 92.25 feet to a point; THE NC_"-- Southerly 25 feet from and parallel to the East boundary line of said Section 35, a distance, of 87,5 feet to the POINT OF BEGINNING; Marana Well No. I-el That PQ(TIDn of the Southeast quarter of the Northreast quarter of Section 35,, Township 11 South, Range 1 1 East, Gila and Salt River Meridian, Pima County, Arizona, particularly bounded and described as follows: BEGINNING at a point which is 938.65 feet Westerly and 50 feet Northerly from the East quarter corner of said Section-, THENCE I�Nesterly 50 feet from and parallel io the East and West center line of said Section 35, a cfistanC1.(-;1 a 135, feet to a Point, THENCE Northerly 1073.6 5 feet from and parallel to the East line of the said Southeast quarter of the Northeast quarter of Section 35, 100 feet to a point; Marana Regular Council MeExhiMlA to Marana Ordinance 2006.03 Page 134 of 295 THENCE Easterly 150 feet from and parallel to the East and West cen+.er line of said Section 35, 135 feet to a point- THENCE Southerly 938.65 feet from and parallel to the East line of the said S01-1theast quarter of the Northeast quarter of Section 3 5 o 100 feet to the P01 NT 0 F BEG I N N I NC); AND EXCEPT TH EREFROM the f llowing portion conveyed to Cortaro Marana I(ri g ati on D istri ct in the Deed recorded in Docket 1958, Page 585: BEGINNING ai a point on the North line of said Section 35,said point being South 891149'00" West, 591.06 feet from the Northeast corner of said Section 35,- THENCE South 49137-'00" East along the Southwesterly right of way line of Interstate, 10, 357.77 feet; THENCE South 49053'00" East, 419,03 feet to the East line of said Section 35, THENCE South 0 0 15'00" East, 3 2.81 feet along said East Iii,ne; THENCE South 491153'00"West, 448,44 feet; THENCE North 49037"00"West, 386.97 feet to the aforesaid North line of Section 35, THENCE North 89149'00" East, 38-44 feet to the POINT OF BEGINNING; AND EXCEPT THEREFROM a strip of land 110 feet in width conveyed to the State of Ariozna, by and through its State Highway Commission in the Deed recorded in Docket 2003, Page 408 described as follows: BEGINNING at the point of intersection of the existing Southwest right of way, line of the existing Casa Grande-Tucson Highway with ilia East line of Section 35, from whence the Northeast corner of said Section 35 bears Northerly 359.70 feet; THENCE North 49 05 3'00"West along sa id existing Southwest right of way line, a distance of 325.42 feet; T1rAFNCE Nortt"i 49'31' ' West continuing along said exist'ing Southwest right ofvvay krie, a d'istance of 229,-27 feet, to a Poirit on the North line of said Section, THENCE Westerly along said North secItion liner a distance of 169.15 feet; THENCE South 49037"00" East 357,77 feet; THENCE South 49 1153'00" East 419.03 feet to a point on the aforesaid East fine of Sectial) 35; THENC E Northerly along Eat section line, a distance of 144.38 feet, to the POINT OF BFC31NNING- AN D E X C E F f T H ERE FRO NA the E a 50 feet of the South 35 feet of the Southeast quarter of sa id S ec t1l'&,ri 3 1j, cc r�veyed to Pima Cou nty in the Deed recorded in Docket 641 1, Page 1237, Marana Regular Council Meeting 03/06/2018 Page 135 of 295 Exhibit ""B" The South 292.00 feet of the North 322-00 feet of the East 357.00 feet of the Northeast quarter o f the Northca-st q carter o f Secti on 34, Township I I South, Range I I East, Gi I a and Salt River Meridian, Pima County,An'zona. 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