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HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 09-04-2018MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 4, 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 John Officer, 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 September 4, 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 09/04/2018 Page 1 of 286 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   P1 Proclamation honoring Jocelyn C. Bronson's 22 years of service to the Town of Marana. Marana Regular Council Meeting 09/04/2018 Page 2 of 286   P2 Proclaiming September 2018 as National Preparedness Month (Jocelyn C. Bronson)   P3 Proclaiming September 17 through September 23, 2018 as Constitution Week (Jocelyn C. Bronson)   P4 Proclaiming September 24 -- 30, 2018 Diaper Need Awareness Week (Jocelyn C. Bronson)   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately.   C1 Resolution No. 2018-077:  Relating to Development; approving the final block plat for Silverbell Ridge Estates, Blocks 1 - 3 located at 6975 N. Silverbell Road, approximately 0.2 miles south of Ina Road on the west side of Silverbell Road (Steven Vasquez)   C2 Relating to Procurement; ratifying the Town Manager's approval of a change order to the Splash Pad, Crossroads-Silverbell Park (PK025) construction contract with Kappcon General Contractors in the amount of $11,777.00; 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 Ordinance No. 2018.015:  Relating to Development; approving the final plat for Gladden Farms Block 35 Lots 1-105, Blocks A & B & Common Areas "A-1" - "A-9" & "B-1" - "B-7"; approving an exchange of the real property dedicated by the final plat in exchange for any right, title and interest the Town may have in the portion of the subdivision plat it replaces; and authorizing the Town Engineer to sign a quit claim deed to be recorded in the Pima County Recorder's Office immediately prior to the recording of the final plat (Steven Vasquez)   C4 Resolution No. 2018-078: Relating to Development; approving a preliminary Marana Regular Council Meeting 09/04/2018 Page 3 of 286 C4 Resolution No. 2018-078: Relating to Development; approving a preliminary plat for Lazy K Bar Ranch, Lots 1 through 178,  Common Areas "A", "B", and "C" located at the west terminus of Pima Farms Road west of the Scenic Drive alignment (Brian D. Varney)   C5 Resolution No. 2018-079:Relating to Development; approving a preliminary plat for Linda Vista Village at Cascada, Village I (Lots 1-39), Village II (Lots 1-93), Village III (Lots 1-131), Blocks I-VII, Common Areas "A", "B", "C", "D", "E", "F", "G", and "H" generally located southeast of Twin Peaks Road and north and south of Linda Vista Boulevard (Brian D. Varney)   C6 Resolution No. 2018-080: 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 2019 Marana Bluegrass & Acoustic Music Festival (Jim Conroy)   C7 Ordinance No. 2018.016 Relating to Animal Control; amending Town Code Title 6 (Animal Control), Chapter 6-2 (Enforcement) and Chapter 6-4 (Dogs at Large; Dogs on School Grounds); revising section 6-2-2 (Appointment of animal control officers; authority) to clarify animal control officer authority; revising section 6-4-1 (Dogs at large prohibited; exceptions; classification) to clarify leash requirements; and designating an effective date (Jane Fairall)   C8 Resolution No. 2018-081:  Relating to Liquor Licenses; appointing the Town Manager as the Town Council’s designee for review and approval of special event liquor license applications (Libby Shelton)   C9 Relating to Procurement; ratifying the Town Manager's approval of a change order to the Tangerine Rd Corridor, I10 to Town (ST021) project construction contract with Tangerine Corridor Constructors in the amount of $9,969.00 for work at Tangerine Sky Community Park (PK014); 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)   C10 Resolution No. 2018-082:  Relating to the Police Department; approving and authorizing the Mayor to execute an  intergovernmental agreement by and between the parties that form the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) regarding the administration and operation of the CNA, a law enforcement task force (Libby Shelton)   C11 Resolution No. 2018-083: Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. regarding financial support for the 2018 El Tour 25-Mile event (Jim Conroy)   Marana Regular Council Meeting 09/04/2018 Page 4 of 286 C12 Approve August 7, 2018 Regular Council Meeting Minutes and approve August 14, 2018 Study Session Meeting Minutes (Jocelyn C. Bronson)   LIQUOR LICENSES   L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Patrick R. Nilz on behalf of Marana Heritage Conservancy for the Town of Marana Farm Festival to be held on September 29, 2018 (Jocelyn C. Bronson)   L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a Person Transfer of a Series #6 Bar liquor license application submitted by Jennifer Lynn Fletcher on behalf of Tumbleweed Bar located at 13915 N. Sandario Road, Marana, Arizona 85653 (Jocelyn C. Bronson)   BOARDS, COMMISSIONS AND COMMITTEES   COUNCIL ACTION   A1 PUBLIC HEARING: Resolution No. 2018-084 Relating to Development; adopting a minor amendment to the Transportation Element of the Marana General Plan by revising the road network exhibit to relocate westward the portion of the Lon Adams Road alignment located north of Clark Farms Road, to align with the existing location of Lon Adams Road on the western boundary of Ora Mae Harn Park (Cynthia Ross)   A2 Resolution No. 2018-085:  Relating to Elections; declaring and adopting the results of the Town of Marana primary election held on August 28, 2018 (Jocelyn C. Bronson)   ITEMS FOR DISCUSSION / POSSIBLE ACTION   D1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta)      EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters.   E1 Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda.         Marana Regular Council Meeting 09/04/2018 Page 5 of 286 E2 Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4), discussion or consultation for legal advice with the Town’s attorneys and to consider the Town’s position and instruct its attorneys regarding (1) contemplated litigation to recover costs to remedy water quality issues resulting from perfluorinated compounds contamination and (2) a joint prosecution and confidentiality agreement related to the contemplated litigation.      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 09/04/2018 Page 6 of 286      Council-Regular Meeting   P1        Meeting Date:09/04/2018   Submitted For:Jamsheed Mehta, Town Manager From:Suzanne Sutherland, Assistant to the Town Clerk Date:September 4, 2018 Subject:Proclamation honoring Jocelyn C. Bronson's 22 years of service to the Town of Marana. Attachments Proclamation -- Jocelyn C. Bronson's Retirement Marana Regular Council Meeting 09/04/2018 Page 7 of 286 Marana Regular Council Meeting 09/04/2018 Page 8 of 286      Council-Regular Meeting   P2        Meeting Date:09/04/2018   Submitted For:Jocelyn C. Bronson, Town Clerk From:Suzanne Sutherland, Assistant to the Town Clerk Date:September 4, 2018 Subject:Proclaiming September 2018 as National Preparedness Month (Jocelyn C. Bronson) Attachments Proclaiming September 2018 as Preparedness Month Marana Regular Council Meeting 09/04/2018 Page 9 of 286 Marana Regular Council Meeting 09/04/2018 Page 10 of 286      Council-Regular Meeting   P3        Meeting Date:09/04/2018   Submitted For:Jocelyn C. Bronson, Town Clerk From:Suzanne Sutherland, Assistant to the Town Clerk Date:September 4, 2018 Subject:Proclaiming September 17 through September 23, 2018 as Constitution Week (Jocelyn C. Bronson) Attachments Constitution Week Proclamation Marana Regular Council Meeting 09/04/2018 Page 11 of 286 Marana Regular Council Meeting 09/04/2018 Page 12 of 286      Council-Regular Meeting   P4        Meeting Date:09/04/2018   Submitted For:Jocelyn C. Bronson, Town Clerk From:Suzanne Sutherland, Assistant to the Town Clerk Date:September 4, 2018 Subject:Proclaiming September 24 -- 30, 2018 Diaper Need Awareness Week (Jocelyn C. Bronson) Attachments Diaper Need Awareness Week Proclamation Marana Regular Council Meeting 09/04/2018 Page 13 of 286 Marana Regular Council Meeting 09/04/2018 Page 14 of 286      Council-Regular Meeting   C1        Meeting Date:09/04/2018   To:Mayor and Council From:Steven Vasquez, Senior Planner Date:September 4, 2018 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2018-077:  Relating to Development; approving the final block plat for Silverbell Ridge Estates, Blocks 1 - 3 located at 6975 N. Silverbell Road, approximately 0.2 miles south of Ina Road on the west side of Silverbell Road (Steven Vasquez) Discussion: Request Oracle Engineering Group, Inc., on behalf of the applicant Fidelity National Title Trust 60204 and its beneficiary, C & C Construction, is requesting approval of a final block plat on approximately 56.44 acres. Location The proposed final block plat is located at 6975 N. Silverbell Road, approximately 0.2 miles south of Ina Road on the west side of Silverbell Road. Zoning The zoning for the site is "R-16" (Single Family Residential, minimum lot size of 16,000 square feet). History On September 17, 2002, the Town Council approved a rezoning of the site to "R-16" by Ordinance 2002.19.  On December 20, 2005, the Town Council approved a 41 lot subdivision known as "Ina & Silverbell" by Resolution 2005-151.  On January 20, 2015, the Town Council approved an amendment to the original rezoning ordinance increasing the maximum number of lots to 56 as well as increasing the total site disturbance from 30% to 37% and various other modifications by Ordinance 2015.003. Marana Regular Council Meeting 09/04/2018 Page 15 of 286 Planned Development This proposed block plat will replace the existing "Ina & Silverbell" subdivision recorded in the office of the Recorder of Pima County at Book 61 of Maps and Plat at Page 20, Sequence 20060910729.  The proposed blocks as shown on this plat are arranged and sized to meet the City of Tucson's water service policy. After receiving water service for the blocks from Tucson Water, the applicant plans to subdivide the developable blocks created by this block plat into residential lots per the "R-16" zoning.  The new final plats will meet conditions of rezoning Ordinance 2002.19, the amended rezoning Ordinance 2015.003 as well as all other required development regulations. Staff Recommendation: Staff has reviewed the request against the requirements of the Marana Land Development Code, the Town Code and the conditions of Ordinance 2002.19 and 2015.003.  This final block plat is in substantial conformance with all required development regulations and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2018-077 approving the final block plat for Silverbell Ridge Estates, Blocks 1 - 3 located at 6975 N. Silverbell Road, approximately 0.2 miles south of Ina Road on the west side of Silverbell Road. Attachments Resolution No. 2018-077 PRV1804-001 Silverbell Ridge Estates Final Block Plat PRV1804-001 Silverbell Ridge Estates Final Block Plat App PRV1804-001 Silverbell Ridge Estates Final Block Plat Map Marana Regular Council Meeting 09/04/2018 Page 16 of 286 Marana Resolution No. 2018-077 MARANA RESOLUTION NO . 201 8 -077 RELATING TO DEVELOPMENT; APPROVING THE FINAL BLOCK PLAT FOR SILVERBELL RIDGE ESTATES, BLOCKS 1 - 3 LOCATED AT 6975 N. SILVERBELL ROAD, APPROXIMATELY 0.2 MILES SOUTH OF INA ROAD ON THE WEST SIDE OF SILVERBELL ROAD WHEREAS, on September 17, 2002, the Mayor and Town Council adopted Ordinance No. 2002.19 (“the Original Rezoning Ordinance”), approving a rezoning of the site from “R- 144” to “R-16;” and WHEREAS, on December 20, 2005, the Mayor and Town Council adopted Resolution No. 2005-151, approving the final plat for Ina & Silverbell (the “Ina & Silverbell Plat”) recorded in the Pima County Recorder’s office at Book 61 of Maps and Plats at Page 20, Sequence 20060910729; and WHEREAS, on January 20, 2015, the Mayor and Town Council adopted Ordinance No. 2015-003, approving amending various conditions to the Original Rezoning Ordinance ; and WHEREAS, Fidelity National Title Trust 60204 and its beneficiary C & C Construction, has applied for approval of a final block plat to replace the Ina & Silverbell Plat; and WHEREAS, the Marana Town Council, at the regula rly scheduled meeting on September 4, 2018, determined that the final block plat for Silverbell Ridge Estates, Blocks 1 -3 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the final block plat for Silverbell Ridge Estates Blocks 1 - 3 is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of September, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 09/04/2018 Page 17 of 286 Marana Regular Council Meeting 09/04/2018 Page 18 of 286 Marana Regular Council Meeting 09/04/2018 Page 19 of 286 Marana Regular Council Meeting 09/04/2018 Page 20 of 286 0 Legend 1,000.00 Silverbell Ridge Estates Final Block Plat Notes: 2,000.0 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map are subject to Pima County's ITD GIS disclaimer and use restrictions.8/21/2018 Parcels Marana Regular Council Meeting 09/04/2018 Page 21 of 286    Council-Regular Meeting   C2        Meeting Date:09/04/2018   To:Mayor and Council Submitted For:Keith Brann, Town Engineer From:Dan Grossman, CIP Process Analysis Date:September 4, 2018 Strategic Plan Focus Area: Not Applicable Subject:Relating to Procurement; ratifying the Town Manager's approval of a change order to the Splash Pad, Crossroads-Silverbell Park (PK025) construction contract with Kappcon General Contractors in the amount of $11,777.00; 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.   The budget for fiscal year 2017- 2018 was adopted on June 20, 2017. The Splash Pad, Crossroads-Silverbell Park was properly included within the Capital Improvement Plan. Kappcon General Contractors received a purchase order from the Town in the amount of $745,281.00 to construct a Splash Pad at Crossroads-Silverbell Park.   The Town has processed 2 previous change orders to the Kappcon General Contractors construction contract in the amount of $95,761.00 bringing the total current contract amount to $841,042.00. Marana Regular Council Meeting 09/04/2018 Page 22 of 286   The following describes the additional work and fees to the Splash Pad, Crossroads-Silverbell Park project: The relocation of the pump building created a small space between two park buildings, this created a safety concern, additional fencing will be used to secure the space and create additional storage at the park for park equipment. Additional design costs were incurred due to the relocation of the pump building. The addition of a water softener has been added to the project to prevent calcification of splash pad equipment thereby lowering future maintenance costs. Beautification of the splash pad outer ring by adding colorant to the concrete. The cost of these improvements is $11,777.00. This additional change order will bring the construction contract to $852,819.00.   With an active construction contract and contractor in place, the Town Manager exercised his authority under section 3-4-8(B) of the Town Code to authorize a change order to the contract. This item is on the agenda for the Town Council to ratify the Town Manager's action.  There is adequate expenditure authority within the project to fund this improvement. Financial Impact: Fiscal Year:2019 Budgeted Y/N: yes Amount:$11,777.00 Funding in the amount of $11,777.00  is available within the Splash Pad, Crossroads-Silverbell Park (PK025) project. The funds available for use are Park Impact Fees, GL Account # 31551010-8015-PK025. Staff Recommendation: Staff recommends ratification of the Town Manager' s approval of the change order to the Splash Pad, Crossroads-Silverbell Park (PK025) construction contract with Kappcon General Contractors in the amount of $11,777.00. Suggested Motion: I move to ratify the Town Manager' s approval of a change order to the Splash Pad, Crossroads-Silverbell Park (PK025) construction contract with Kappcon General in the amount of $11,777.00; 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 file(s) attached. Marana Regular Council Meeting 09/04/2018 Page 23 of 286 No file(s) attached. Marana Regular Council Meeting 09/04/2018 Page 24 of 286      Council-Regular Meeting   C3        Meeting Date:09/04/2018   To:Mayor and Council From:Steven Vasquez, Senior Planner Date:September 4, 2018 Strategic Plan Focus Area: Not Applicable Subject:Ordinance No. 2018.015:  Relating to Development; approving the final plat for Gladden Farms Block 35 Lots 1-105, Blocks A & B & Common Areas "A-1" - "A-9" & "B-1" - "B-7"; approving an exchange of the real property dedicated by the final plat in exchange for any right, title and interest the Town may have in the portion of the subdivision plat it replaces; and authorizing the Town Engineer to sign a quit claim deed to be recorded in the Pima County Recorder's Office immediately prior to the recording of the final plat (Steven Vasquez) Discussion: Request Crown West Realty LLC is requesting the approval of an amended final plat for a single family detached residential subdivision on approximately 28.69 acres within the Gladden Farms II development. Location The subdivision is located in Block 35 of the Gladden Farms Blocks 26-43 block plat (Book 62, Page 64) southwest of the intersection of Mike Better Blvd. and Midfield Rd. Zoning The zoning for Block 35 is F - Specific Plan (Gladden Farms II) with a land use designation of Single Family Detached 6 (SFD-6) with a minimum lot size of 6,000 square feet.  The proposed plat minimum lot size is 6,460 square feet (Lot 72) and the maximum lot size is 8,898 square feet (Lot 8).  The average lot size of the proposed plat is 7,056 square feet. HistoryMarana Regular Council Meeting 09/04/2018 Page 25 of 286 History On March 7, 2006, the Town Council approved a rezoning to create the Gladden Farms II Specific Plan by Ordinance No. 2006.03.  On May 16, 2007, the Town Council approved the final block plat for Gladden Farms Blocks 26-43 by Resolution 2007-075.  On June 19, 2012, the Town Council approved the final plat for Blocks 35 & 39 by Resolution 2012-039.  On March 6, 2018, the Town Council approved an amendment to the Gladden Farms II Specific Plan which revised 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 6,600 square feet, by Ordinance 2018.006.  Crown West Realty LLC has submitted this amended final plat for Block 35, adjusting the lot size to the new SFD-6 development standards. Transportation The main entrance for Block 35 will be from Hancock Drive, off of Midfield Road, on the eastern boundary of the subdivision.  Access from Block 30 to the north will be from Sanderling Drive.  Access from Gladden Farms phase 1, Blocks 18 & 20, located to the west, will be from Penelope Drive.  And access from Block 39 to the south will be from Golden View Lane and Amberwood Place. Park Requirements and Trail Connectivity Per the Gladden Farms II Specific Plan, 185 square feet of on-site recreation area per single-family detached residence is required.  This subdivision requires a minimum of 19,425 square feet of recreation area.  The active recreation area is planned in Common Area "B-4" located at the end of Perenose Place and is approximately 34,162 square feet in size.  Multi-use trails will be located throughout the common areas that will connect the subdivision to the open space paseo system planned for phase II of Gladden Farms. Exchange of Old and New Subdivision Plat Dedications Land and interests in real estate consisting of public right of way, public easements and Block C, as shown in the 2012 final plat of Gladden Farms Blocks 35 & 39, recorded in the Office of the Pima County Recorder at Sequence 20121740308, have been dedicated to the Town.  With the approval of the amended final plat for Block 35, the original dedications will be replaced with the amended plat's dedication by a real estate exchange done pursuant to A.R.S. § 9-407.  The statute requires the real estate exchange to be performed pursuant to an ordinance and after published notice.  Notice of the real estate exchange was published for four consecutive days in The Daily Territorial prior to the date of this meeting. Staff Recommendation: Staff has reviewed the request against the requirements of the Gladden Farms II Specific Plan, the Marana Land Development Code, the Town Code and the Marana General Plan.  This amended final plat is in substantial conformance with all required development regulations and design guidelines and staff recommends approval. Suggested Motion: I move to adopt Ordinance No. 2018.015, approving the final plat for Gladden Farms Marana Regular Council Meeting 09/04/2018 Page 26 of 286 I move to adopt Ordinance No. 2018.015, approving the final plat for Gladden Farms Block 35 Lots 1-105, Blocks A & B & Common Areas "A-1" - "A-9" & "B-1" - "B-7"; approving an exchange of the real property dedicated by the final plat in exchange for any right, title and interest the Town may have in the portion of the subdivision plat it replaces; and authorizing the Town Engineer to sign a quit claim deed to be recorded in the Pima County Recorder's Office immediately prior to the recording of the final plat. Attachments Ordinance No. 2018.015 PRV1806-002 GF Blk 35 Quit Claim Deed of Abandonment PRV1806-002 GF Blk 35 Amended FP PRV1806-002 GF Blk 35 Amended FP App PRV1806-002 GF Blk 35 Amended FP Map Marana Regular Council Meeting 09/04/2018 Page 27 of 286 00058296.DOCX /1 Marana Ordinance No. 2018.015 - 1 - 6/29/2018 3:34 PM ORDINANCE NO. 201 8 .015 RELATING TO DEVELOPMENT; APPROVING THE FINAL PLAT FOR GLADDEN FARMS BLOCK 35 LOTS 1-105, BLOCK S A & B & COMMON AREAS “A-1”—“A-9” & “B-1”—“B -7”; APPROVING AN EXCHANGE OF THE REAL PRO PERTY DEDICATED BY THE FINAL PLAT IN EXCHANGE FOR ANY RIGHT, TITLE AND INTEREST THE TOWN MAY HAVE IN THE PORTION OF THE SUBDIVISION PLAT IT REPLACES; AND AUTHORIZING THE TOWN ENGINEER TO SIGN A QUIT CLAIM DEED TO BE RECORDED IN THE PIMA COUNTY RECORDER’S O FFICE IMMEDIATELY PRIOR TO THE RECORDING OF THE FINAL PLAT WHEREAS the Town approved the final plat for Gladden Farms Blocks 35 & 39 Lots 1-205, Blocks A, B, & C & Common Areas “A-1”—“A -17 (Landscape/Utility) “B-1”— “B-12” (Landscape/Drainage/Utility/Recreation) (the “Original Gladden 35/39 Plat”) on June 19, 2012, by the adoption of Marana Resolution No. 2012-039; and WHEREAS the Original Gladden 35/39 Plat was recorded in the Pima County Recorder’s office on June 22, 2012, at Sequence 20121740308, whereupon all public rights-of- way, public easements, and Blocks A, B, & C as shown on the Original Gladden 35/39 Plat were granted or dedicated to the Town or to the public; and WHEREAS public sewer easements granted to Pima County by the Original Gladden 35/39 Plat are now owned by the Town as the current operator of the sewer utility and successor in interest to Pima County in the area that includes Gladden Farms; and WHEREAS the owner of Gladden Farms Block 35 has now filed an application to resubdivide most of Gladden Farms Block 35 into a new subdivision titled ‘Final Plat for Gladden Farms Block 35 Lots 1 -105, Blocks A & B & Common Areas “A-1”—“A-9” & “B- 1”—“B -7”’ (the “Gladden 35 Replat”); and WHEREAS the public rights-of-way, public easements, sewer easements, and Blocks A & B as shown on the Gladden 35 Replat are different than the public rights-of-way, public easements, sewer easements, and Block C as shown on the portion of the Original Gladden 35/39 Plat within the area resubdivided by the Gladden 35 Replat, but are of substantially equal value; and WHEREAS Town staff has determined that the clearest way to replace the dedications made by the Original Gladden 35/39 Plat within the area resubdivided by the Gladden 35 Replat with the dedications as shown on the Gladden 35 Replat is to perform a real estate exchange pursuant to A.R.S. § 9-407; and WHEREAS A.R.S. § 9-407 requires real estate exchanges to be performed pursuant to ordinance and after published notice; and Marana Regular Council Meeting 09/04/2018 Page 28 of 286 00058296.DOCX /1 Marana Ordinance No. 2018.015 - 2 - 6/29/2018 3:34 PM WHEREAS notice of the consideration of this ordinance has been published as required by law; and WHEREAS the Town Council finds that the exchange of real property rights described above is in the best interests of the Town of Marana and that the Gladden 35 Replat complies with all Town ordinances and regulations and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The final plat for Gladden Farms Block 35 Lots 1-105, Blocks A & B & Common Areas “A-1”—“A-9” & “B-1”—“B-7” (the Gladden 35 Replat) is hereby approved. Section 2. The exchange of the public rights-of-way, public easements, sewer easements, and Block C as shown on the portion of the Original Gladden 35/39 Plat within the area resubdivided by the Gladden 35 Replat for all public rights-of-way, public easements, sewer easements and Blocks A & B as shown on the Gladden 35 Replat is hereby approved. Section 3. The Town Engineer is hereby authorized to sign a quit claim deed in substantially the form set forth in the agenda materials accompanying this ordinance, quit- claiming to the owner of Gladden Farms Block 35 all public rights-of-way, public easements, sewer easements, and Block C as shown on the portion of the Original Gladden 35/39 Plat within the area resubdivided by the Gladden 35 Replat. Section 4. The quit claim deed shall be recorded in the Pima County Recorder’s office immediately prior to the recording of the Gladden 35 Replat. Section 5. 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 ordinance. Section 6. This ordinance is administrative and shall be effective upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA , ARIZONA , this 4th day of September, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 09/04/2018 Page 29 of 286 00058319.DOCX /1 6/29/2018 2:47 PM QUIT CLAIM DEED OF ABANDONMENT Exempt: A.R.S. § 11-1134 (A) (3) WHEREAS the TOWN OF MARANA, an Arizona municipal corporation, approved the final plat for Gladden Farms Blocks 35 & 39 Lots 1-205, Blocks A, B, & C & Common Areas “A-1”— “A-17 (Landscape/Utility) “B-1”—“B-12” (Landscape/Drainage/Utility/Recreation) (the “Original Gladden 35/39 Plat”) on June 19, 2012, by the adoption of Marana Resolution No. 2012-039; and WHEREAS the Original Gladden 35/39 Plat was recorded in the Pima County Recorder’s office on June 22, 2012, at Sequence 20121740308, whereupon all public rights-of-way, public easements, and Blocks A, B, & C as shown on the Original Gladden 35/39 Plat were granted or dedicated to the TOWN OF MARANA or to the public; and WHEREAS public sewer easements granted to Pima County by the Original Gladden 35/39 Plat are now owned by the TOWN OF MARANA as the current operator of the sewer utility and successor in interest to Pima County in the area that includes Gladden Farms; and WHEREAS the TOWN OF MARANA approved the ‘Final Plat for Gladden Farms Block 35 Lots 1-105, Blocks A & B & Common Areas “A-1”—“A-9” & “B-1”—“B-7”’ (the “Gladden 35 Replat”) on , 2018, by the adoption of Marana Resolution No. 2018- ; and WHEREAS, immediately following the recording of this quit claim deed of abandonment, the Gladden 35 Replat is being recorded in the Pima County Recorder’s office on , 2018, at Sequence . NOW, THEREFORE, the TOWN OF MARANA, an Arizona municipal corporation, hereby abandons in favor of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,423, as Trustee only and not in its corporate capacity, any right, title and interest the TOWN OF MARANA may have in all right-of-way, public easements, sewer easements, and Block C as granted and/or dedicated to the TOWN OF MARANA or to the public or to Pima County by the Original Gladden 35/39 Plat within the area resubdivided by the Gladden 35 Replat. THIS QUIT CLAIM DEED IS EXECUTED PURSUANT TO Arizona Revised Statutes section (A.R.S. §) 9-402(E), A.R.S. § 9-407, A.R.S. § 28-7203, A.R.S. § 28-7205, and Town of Marana Ordinance No. 2018.___; and is SUBJECT TO A.R.S. § 28-7210. Marana Regular Council Meeting 09/04/2018 Page 30 of 286 00058319.DOCX /1 6/29/2018 2:47 PM DATED _____________________________, 2018. The undersigned hereby accepts the property rights abandoned by this instrument: FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,423, as Trustee only and not in its corporate capacity By: Martha L. Hill, Trust Officer TOWN OF MARANA, ARIZONA Keith Brann, P.E. CFM, Town Engineer APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA ) ss. County of Pima ) This instrument was acknowledged before me on _____________________________, 2017, by Keith Brann, P.E., CFM, Town Engineer, on behalf of the Town of Marana. (Seal) Notary Public Marana Regular Council Meeting 09/04/2018 Page 31 of 286 SHEET 4 1 2 3 4 5 6 7 8 9 10 11 12 1314151617181920 2122 2324 25 26 27 28 29 30 31 32 33 3435363738 39 40 41 42 43 44 45 46 4748495051525354 55 56 57 58 59 60 61 62 6364 65 66 67 68 69 70 71 7273 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 CA "A-5" CA "A-3" CA "B-4" CA "B-6" CA "B-7" CA "A-8" BLOCK A CA "B-1" BK 60, PG 37 BLOCKS 18&20 GLADDEN FARMS BK 62, PG 64 BLOCK 30 GLADDEN FARMS DRIVE PENELOPE BK 62, PG 64 BLOCK 36 GLADDEN FARMS DRIVE HANCOCK MI DFI ELD ROADCA "A-4" LANE GOLDENVIEW RELEASE OF PRIOR DEDICATIONS BEING S00°30'03"E. •" REBAR TAGGED "PCHD3" AT THE SOUTHWEST CORNER OF SAID SECTION. SAID BEARING MONUMENTED BY A 1•" ALUM CAP STAMPED "17436" AT THE WEST QUARTER AND A RANGE 11 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. SAID LINE BEING THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 11 SOUTH, UNDER MY DIRECTION. ARE CORRECTLY DESCRIBED. I FURTHER CERTIFY THAT THIS PLAT WAS PREPARED DIRECTION AND THAT ALL EXISTING AND/OR PROPOSED SURVEY MONUMENTS AND MARKERS SHOWN I HEREBY CERTIFY THAT THE BOUNDARY SURVEY SHOWN ON THIS PLAT WAS PERFORMED UNDER MY TOWN OF MARANA DATE SCALE: 3" = 1 MILE ,P.E. DATE DATE SUBDIVISION BOUNDARY PROPERTY LINE FOUND SURVEY MONUMENT AS NOTED SECTION CORNER SHEET 3 SCALE: 1" = 250' BY: *DRIVEWAY ORIENTATION ON LOTS (RAD)INDICATES RADIAL BEARING PIMA COUNTY, ARIZONA G & SRM TOWN OF MARANA SECTION 35, T 11 S, R 11 E MARANA PLANNING DIRECTOR DATE SECTION/QUARTER SECTION LINE MARANA TOWN ENGINEER/DEVELOPMENT ENGINEER DATE UPON COMPLETION OF CONSTRUCTION (SEE GENERAL NOTE 20) INTERIOR PROPERTY CORNER TO BE SET BY REGISTERED LAND SURVEYOR SHEET 3 LEGEND GENERAL NOTES RECORDING CERTIFICATION OF SURVEY ASSURANCES PROJECT THIS LOCATION MAP TOWN OF MARANA APPROVALS CA "A-1" CA "A-2"SANDERLIN DRIVEP E R E N O S A P LA C E SARABELLA DR IVE LARISA DRIVEBASIS OF BEARINGS BLOCK A CA "B-3"ECALP DOOWREBMA1 CA "A-9" CA "B-2" CA "A-7" EVIRD WEIV TNAS A ELPCA "A-6" SEQ #20121740308 BLOCK 39 GLADDEN FARMS CA "B-5" ASSURED WATER SUPPLY WATER RESOURCES. A CERTIFICATION OF ASSURED WATER SUPPLY HAS BEEN RECEIVED FROM THE DIRECTOR OF MARANA WATER DIRECTOR } STATE OF ARIZONA COUNTY OF PIMA SS. DEPUTY BY: F. ANN RODRIGUEZ, COUNTY RECORDER AND YEAR ABOVE WRITTEN WITNESS MY HAND AND OFFICIAL SEAL DAY TIME DATE OF RICK ENGINEERING COMPANY, INC. WAS FILED FOR RECORD AT THE REQUEST I HEREBY CERTIFY THAT THE INSTRUMENT SEQ: #2018 FEE: CLERK OF THE TOWN OF MARANA BOUNDARY CORNER MONUMENT NOT SET, IN AREA OF ACTIVE FARMING COMPLETION OF ROADWAY CONSTRUCTION SURVEY MONUMENT PER BOOK 62 PAGE, 64 M&P TO BE SET UPON EASEMENT BOUNDARY LIMIT •" REBAR TAGGED RLS 17479 UPON COMPLETION OF CONSTRUCTION SURVEY MONUMENT, LOCATION TO BE SET BY REGISTERED LAND SURVEYOR SEQ #20121740308 BLOCK B IMPROVEMENTS MEETING ESTABLISHED MINIMUM STANDARDS OF DESIGN AND CONSTRUCTION GAS AND WATER UTILITIES, DRAINAGE, FLOOD CONTROL AND OTHER SUBDIVISION HAS BEEN PROVIDED TO GUARANTEE INSTALLATION OF REQUIRED STREET, SEWER, ELECTRIC, SEQUENCE #2018 IN THE OFFICE OF THE RECORDER OF PIMA COUNTY, ARIZONA FIDELITY NATIONAL TITLE AGENCY, AN ARIZONA CORPORATION, AS RECORDED IN ASSURANCE IN THE FORM OF A THIRD PARTY TRUST AGREEMENT, TRUST NO. 60,423 FROM LAND USE DESIGNATION BOUNDARY OF , 2018. PLAT WAS APPROVED BY THE TOWN COUNCIL OF THE TOWN OF MARANA ON THE DAY I, , CLERK OF THE TOWN OF MARANA HEREBY CERTIFY THAT THIS BEING AUTHORIZED SO TO DO, EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSE THEREIN. WHO ACKNOWLEDGED TO BE THE TRUST OFFICIAL OF FIDELITY NATIONAL TITLE AGENCY INC. AND ON THIS DAY OF , 2018, BEFORE ME PERSONALLY APPEARED , } COUNTY OF PIMA SS. MY COMMISSION EXPIRES NOTARY PUBLIC STATE OF ARIZONA MARTHA L. HILL, TRUST OFFICER DATE DEDICATION GENERAL NOTES CONTINUED ON SHEET 2 A.R.S. 41-865. STATE MUSEUM MUST BE CONTACTED IMMEDIATELY AT (520) 621-4795, PURSUANT TO AT ANY TIME, ALL WORK MUST STOP IN THE AREA OF THE REMAINS AND THE ARIZONA IF ANY HUMAN REMAINS OR FUNERARY ITEMS ARE DISCOVERED DURING CONSTRUCTION, OR 29. WATER USERS' ASSOCIATION. TAX AND/OR ASSESSMENTS BY THE CORTARO-MARANA IRRIGATION DISTRICT AND CORTARO SOME OR ALL OF THE LANDS WITHIN THIS PROJECT SHALL CONTINUE TO BE SUBJECT TO 28. BURROWING OWL CLEARANCE SURVEY, AT NO COST TO THE DEVELOPER. MANAGER, JANINE SPENCER, AT (520) 382-2658 AND ALLOW ACCESS TO PERFORM A 27. THIRTY DAYS PRIOR TO GRADING, PLEASE CONTACT THE TOWN ENVIRONMENTAL PROJECTS FLOODPLAIN, WHICH DOES NOT REGULATE THE DEVELOPMENT OF THIS PROJECT. SUBDIVISION IS LOCATED IN THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) 500-YR TO BEGINNING COMBUSTIBLE CONSTRUCTION MATERIALS ON SITE.26. THIS PROPOSED NORTHWEST FIRE DISTRICT. ALL HYDRANTS MUST BE INSTALLED AND OPERATIONAL PRIOR STREETS. THE FIRE FLOW REQUIREMENT IS 1,500 GALLONS/MINUTE APPROVED BY FIRE HYDRANTS AT 500 FOOT MAXIMUM INTERVALS SHALL BE INSTALLED WITHIN PUBLIC 25. PROTECTION MEASURES. CLEARANCE MUST BE EVALUATED BY THE NORTHWEST FIRE DISTRICT FOR ADDITIONAL FIRE HAVING LIMITED ACCESS IN EXCESS OF 150-FEET, OR 12% ACCESS GRADE, OR LOW NORTHWEST FIRE DISTRICT FOR ADDITIONAL FIRE PROTECTION MEASURES. ANY DWELLING ANY BUILDING OVER 3,600 SQUARE FEET UNDER ROOF MUST BE EVALUATED BY THE 24. OF MARANA, OR THE CORTARO MARANA IRRIGATION DISTRICT. THE RELOCATION OF ANY UTILITIES SHALL BE AT NO EXPENSE TO THE PUBLIC, THE TOWN 23. OF 194,675 SQUARE FEET OF DEVELOPED RECREATION AREA IS PROVIDED. PROJECT SHALL REQUIRE 19,425 SQUARE FEET OF DEVELOPED RECREATION AREA. A TOTAL RECREATION AREAS, SHALL BE 185 SQUARE FEET PER SINGLE FAMILY RESIDENCE. THIS SFD-6 LAND USE DESIGNATION, THE MINIMUM AREA FOR PRIVATE, COMMON ON-SITE PARKS AND TRAILS CONCEPT AND SECTION IV.C.3.d DEVELOPMENT STANDARDS FOR THE PER THE GLADDEN FARMS II SPECIFIC PLAN SECTION III.L OPEN SPACE, RECREATION, 22. DATEMARANA WATER DIRECTOR GENERAL NOTES - CONTINUED DISTRICT. UTILITY AND NON-POTABLE WATER SHALL BE PROVIDED BY THE CORTARO-MARANA IRRIGATION POTABLE WATER FOR THIS SUBDIVISION SHALL BE PROVIDED BY THE TOWN OF MARANA WATER 21. SURVEY SHALL BE RECORDED IN ACCORDANCE WITH THE STATE STATUTES. SURVEYOR SHALL SET MONUMENTS WITH HIS/HER IDENTIFYING NUMBER AND A RECORD OF MONUMENTS, SUBSEQUENT TO THE RECORDING OF THE FINAL PLAT, THE REPLACEMENT RECORD IS NOT AVAILABLE TO SUPERVISE THE SETTING OF THE INTERIOR CORNER DIRECT SUPERVISION OF THE SURVEYOR OF RECORD. IF FOR ANY REASON THE SURVEYOR OF SHALL BE FILED SHOWING THOSE DIFFERENCES. ALL MONUMENTS SET SHALL BE UNDER THE SHOULD DIFFER FROM THE TYPE DESCRIBED ON THE FINAL PLAT, A RECORD OF SURVEY INFRASTRUCTURE AND IMPROVEMENTS MAKE IT PRACTICAL TO DO SO. IF SUCH MONUMENTS INTERIOR PROPERTY CORNERS SHALL BE MONUMENTED AS SOON AS COMPLETION OF THE 20. COMBUSTIBLE CONSTRUCTION MATERIAL ON THE SITE. BE APPROVED, INSTALLED, TESTED, AND SERVICEABLE PRIOR TO THE INTRODUCTION OF ALL WEATHER PAVED FIRE DEPARTMENT ACCESS ROADS AND REQUIRED FIRE HYDRANTS SHALL 19. HAS BEEN DESIGNATED AS HAVING AN ASSURED WATER SUPPLY UNDER A.R.S. 45-576. THIS SUBDIVISION IS LOCATED WITHIN THE TOWN OF MARANA WATER SERVICE AREA, WHICH 18. IMPROVEMENT PLANS ALLOWING INSTALLATION WITHIN THE PUBLIC RIGHTS-OF-WAY. DOCUMENT SHALL BE EXECUTED PRIOR TO FINAL APPROVAL OF LANDSCAPE PLANS OR LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE AND INDEMNIFICATION. THIS AND DRAINAGE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY SHALL REQUIRE A PERPETUAL INSTALLATION OF ITEMS SUCH AS LANDSCAPE, IRRIGATION, SIGNAGE, MONUMENTS, WALLS 17. TOTAL MILES OF NEW PUBLIC STREET IS 0.95. TOTAL MILES OF NEW PRIVATE STREET IS 0.00.16. ASSURANCES. OF ALL PUBLIC AND PRIVATE ROADWAYS AND DRAINAGE STRUCTURES BEFORE THE RELEASE OF THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO FORM, LINE, AND FUNCTION 15. THE FLOODPLAIN ADMINISTRATOR. RESTRICTED TO USES THAT ARE COMPATIBLE WITH FLOODPLAIN MANAGEMENT AS APPROVED BY FLOODING FROM A 100-YEAR FREQUENCY FLOOD AND ALL LAND IN THIS AREA WILL BE THE AREA BETWEEN 100-YEAR FLOOD LIMITS REPRESENTS AN AREA THAT MAY BE SUBJECT TO 14. STANDARDS. ROADWAY SURFACE, AND SHALL CONFORM TO THE TOWN OF MARANA SUBDIVISION STREET HORIZONTAL LINES LOCATED 30-INCHES AND 72-INCHES ABOVE FINISHED GRADE OF THE PLACED SO AS NOT TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO OBJECTS AND MATERIALS WITHIN THE SIGHT VISIBILITY TRIANGLE EASEMENTS SHALL BE 13. TRANSMISSION CORRIDORS. THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTURE ELECTRICAL UNDERGROUND EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 48KV OR GREATER, AND ALL NEW AND EXISTING UTILITIES WITHIN OR CONTIGUOUS TO THE SITE SHALL BE PLACED 12. COMPLIANCE WITH, ANY DEED RESTRICTIONS OR EASEMENTS. THAT MAY BE CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OF, OR APPROVAL OF THIS PLAT DOES NOT AFFIRM, CERTIFY, OR APPROVE ANY LAND DIVISION 11. OF MARANA. NO FURTHER LOT SPLITTING SHALL BE DONE WITHOUT THE WRITTEN APPROVAL OF THE TOWN 10. 196,142 SF COMMON AREA "B" (FUNCTIONAL OPEN SPACE, UTILITIES AND DRAINAGE) IS 4.50 AC, COMMON AREA "A" (LANDSCAPE, UTILITIES AND DRAINAGE) IS 0.66 AC, 28,786 SF BLOCK B: 0.34 AC, 14,729 SF BLOCK A: 0.63 AC, 27,520 SF RESIDENTIAL LOTS & STREETS: 22.56 AC, 982,738 SF THE TYPE AND AREA OF LAND USE IS AS FOLLOWS:9. PARKING SPACES PROVIDED: (2 PER GARAGE & 2 PER DRIVEWAY) = 420 SPACES PARKING SPACES REQUIRED: (2 FOR EACH FAMILY UNIT) = 210 SPACES 8. ACCESSORY STRUCTURES: 5 FEET PATIO STRUCTURES: 5 FEET IF OPEN ON 3 SIDES MAY BE REDUCED TO 5 FEET WITH REAR-LOADED GARAGE MORE FROM THE FRONT LIVING AREA MAY BE REDUCED TO 5 FEET IF FRONT-LOADED GARAGE IS RECESSED 10 FEET OR REAR:15 FEET ACCESSORY STRUCTURES: 5 FEET STREET: 10 FEET LINES MUST PROVIDE A 3-FOOT ACCESS EASEMENT ON ADJACENT PROPERTY FOR Z-LOT SIDE: 0 FEET * MAY NOT ENCROACH INTO THE REQUIRED PUBLIC UTILITY EASEMENT. FRONT-LOADED GARAGE: 20 FEET SIDE-LOADED GARAGE: 5 FEET* FRONT PORCH: 5 FEET* MAY BE REDUCED TO 5 FEET WITH SIDE-LOADED GARAGE* FRONT: 10 FEET BUILDING SETBACKS:7. MAXIMUM BUILDING HEIGHT: 30'6. * AVERAGE LOT SIZE OF 6,600 SQUARE FEET PER ORDINANCE 2018.006 AVERAGE LOT SIZE: 7,056 SF. MAXIMUM LOT SIZE: 8,898 SF (LOT 8). MINIMUM LOT SIZE: 6,460 SF (LOT 72).5. MINIMUM ALLOWABLE LOT SIZE IS 6,000 SF PER THE SFD-6 LAND USE DESIGNATION.4. THE DENSITY IS 3.66 RAC THE TOTAL NUMBER OF RESIDENTIAL LOTS IS 105.3. THE LAND USE DESIGNATION IS SINGLE-FAMILY DETACHED 6 (SFD-6) THE EXISTING ZONING IS F (GLADDEN FARMS II SPECIFIC PLAN) PER ORDINANCE 2018.006. 2. THE GROSS AREA OF THIS DEVELOPMENT IS 28.69 ACRES; 1,249,915 SQUARE FEET.1. NO. 60,423, AS TRUSTEE ONLY AND NOT IN ITS CORPORATE CAPACITY. FIDELITY NATIONAL TITLE AGENCY INC, AN ARIZONA CORPORATION, AS TRUSTEE UNDER TRUST BY: AREAS AND PRIVATE DRAINAGEWAYS WITHIN THIS SUBDIVISION, AS SHOWN HEREON. RESPONSIBILITY FOR THE CONTROL, MAINTENANCE, SAFETY, AND LIABILITY OF THE COMMON SUBDIVISION SHALL BE A MEMBER OF THE ASSOCIATION, WHICH WILL ACCEPT ALL THE OFFICE OF THE PIMA COUNTY RECORDER. EACH AND EVERY LOT OWNER WITHIN THE CONSENT TO ANNEXATION OF ADDITIONAL PARCELS RECORDED IN DOCKET 13150 AT PAGE 7169 IN COVENANTS, CONDITIONS, AND RESTRICTIONS RECORDED IN DOCKET 12103 AT PAGE 11266, AND AREAS SHALL BE VESTED IN AN ASSOCIATION OF INDIVIDUAL LOT OWNERS AS ESTABLISHED BY FOR ROADWAY MAINTENANCE AND SIGNAGE. TITLE TO THE LAND OF ALL COMMON ACCESS, INSTALLATION AND MAINTENANCE OF UNDERGROUND UTILITIES AND PUBLIC SEWERS AND GRANTED AS EASEMENTS TO THE TOWN OF MARANA, AND ALL UTILITY COMPANIES FOR THE ALL OWNERS OF PROPERTY WITHIN THIS SUBDIVISION, THEIR GUESTS AND INVITEES, AND ARE COMMON AREAS, AS SHOWN HEREON, ARE RESERVED FOR THE PRIVATE USE AND CONVENIENCE OF NOT BE ALTERED, DISTURBED, OR OBSTRUCTED WITHOUT APPROVAL OF THE TOWN OF MARANA. FLOOD, OR RAINFALL. IT IS FURTHER UNDERSTOOD AND AGREED THAT NATURAL DRAINAGE SHALL REASON OF FLOODING, FLOWAGE, EROSION, OR DAMAGE CAUSED BY WATER, WHETHER SURFACE, ALL CLAIMS FOR DAMAGES RELATED TO THE USE OF SAID LANDS NOW AND IN THE FUTURE BY SUCCESSORS AND ASSIGNS, THEIR EMPLOYEES, OFFICERS, AND AGENTS HARMLESS FROM ANY AND I, THE UNDERSIGNED, MY SUCCESSORS AND ASSIGNS, DO HEREBY SAVE THE TOWN OF MARANA,ITS LANDSCAPE, DRAINAGE, PUBLIC UTILITIES, WALLS AND MONUMENTS, AND RECREATION USES. I, THE UNDERSIGNED, HEREBY DEDICATE BLOCKS A AND B TO THE TOWN OF MARANA FOR NOTED ON THIS PLAT. SHOWN ON THIS PLAT ARE DEDICATED TO THE TOWN OF MARANA FOR THE PURPOSE OR PURPOSES MARANA FOR THE PURPOSE OF ACCESS CONTROL TO ADJACENT RIGHTS-OF-WAY. OTHER EASEMENTS PUBLIC SEWERS. NO ACCESS EASEMENTS SHOWN ON THIS PLAT ARE DEDICATED TO THE TOWN OF INSTALLATION AND MAINTENANCE OF, AND ACCESS TO PUBLIC AND PRIVATE UTILITIES AND TOWN OF MARANA AND ALL PUBLIC AND PRIVATE UTILITY COMPANIES FOR THE PURPOSE OF NO ACCESS EASEMENTS. UTILITY EASEMENTS AS SHOWN ON THIS PLAT, ARE DEDICATED TO THE THIS PLAT, INCLUDING ALL STREETS, ALLEYS, AND DRAINAGE WAYS AND EASEMENTS, INCLUDING I, THE UNDERSIGNED, HEREBY DEDICATE TO THE TOWN OF MARANA ALL RIGHTS-OF-WAY SHOWN ON THIS LAND IN THE MANNER SHOWN ON THIS PLAT. TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT, AND I CONSENT TO THE SUBDIVISION OF I, THE UNDERSIGNED, HEREBY WARRANT THAT I AM ALL AND THE ONLY PARTY HAVING ANY FEE NEW YORK, NY 10019-4801 1350 AVENUE OF THE AMERICAS, SUITE 3000 GLADDEN PHASE II DEVELOPMENT L.L.C., A DELAWARE LIMITED LIABILITY COMPANY OF TRUST NO. 60,423, DESCRIBED ABOVE AS DISCLOSED BY THE RECORDS OF SAID TRUST IS: * PURSUANT TO A.R.S. SECTION 33-404(B), THE NAME AND ADDRESS OF THE SOLE BENEFICIARY AREA RESUBDIVIDED BY THIS PLAT. SEWER EASEMENTS, AND BLOCK C AS GRANTED AND/OR DEDICATED BY THE 2012 PLAT WITHIN THE QUIT-CLAIMED IN FAVOR OF THE SUBDIVIDER ALL PUBLIC RIGHT OF WAY, PUBLIC EASEMENTS, , RECORDED IN THE OFFICE OF THE PIMA COUNTY RECORDER AT SEQUENCE #2018 DEDICATIONS SET FORTH ON THIS PLAT, THE TOWN OF MARANA HAS, BY SEPARATE INSTRUMENT SEQUENCE #20121740308 (THE 2012 PLAT). IN ANTICIPATION OF AND IN EXCHANGE FOR THE 35 & 39, RECORDED IN THE OFFICE OF THE PIMA COUNTY RECORDER ON JUNE 22, 2012, AT THIS PLAT IS A RESUBDIVISION OF A PORTION OF THE FINAL PLAT OF GLADDEN FARMS BLOCKS G:\GLADDEN_II\3618_blk35_39\3618E_Blk_35_Replat\Civil\TUC CorpStds 2005.dscript G:\GLADDEN_II\3618_blk35_39\3618E_Blk_35_Replat\Civil\3618Efp01.dgn 17-JUL-2018 17:34c2018Rick Engineering CompanyJ-3618E BLOCK 35 GLADDEN FARMS COMMON AREA "B": (FUNCTIONAL OPEN SPACE, UTILITIES AND DRAINAGE) COMMON AREA "A": (LANDSCAPE, UTILITIES, DRAINAGE) SHEET OF 4 PRV1806-002 TOWN OF MARANA, PIMA COUNTY, ARIZONA. SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST GILA & SALT RIVER MERIDIAN, BEING A RESUBDIVISION OF A PORTION OF GLADDEN FARMS BLOCKS 35 & 39, SEQ#20121740308, SEQUENCE #2018 SEQUENCE #2018FINAL PLAT FOR RELATED CASES: PCZ-05028 PRV-06073F PRV-07084F PCZ1708-002 PRV1710-002 COMMON AREAS "A-1"-"A-9" &"B-1"-"B-7" LOTS 1-105, BLOCKS A & B & 57-76 60-37 60-35 63-23 30 BLOCK 40 BLOCK 41 BLOCK LONADA MSROADTANGERINE ROAD 36 BLOCK 33 BLOCK 37 BLOCK UNSUB UNSUB UNSUBMIDFIELD ROAD32 BLOCK 31 BLOCK 3534 02 021 1 Marana Regular Council Meeting 09/04/2018 Page 32 of 286 2 GENERAL NOTES - CONTINUED TO DEVELOPMENT PLAN APPROVAL. IS THE ONLY PROCESS, THE OBLIGATION FOR THOSE BLOCKS SHALL BE PAID PRIOR THAT BLOCK. WITHIN BLOCKS THAT ARE NOT SUBDIVIDED AND A DEVELOPMENT PLAN OBLIGATION OF $18,625.88 PER BLOCK PRIOR TO RELEASE OF ASSURANCES FOR COMMERCIAL SUBDIVISION PLAT SHALL BE REQUIRED TO PAY THEIR TOTAL PROJECT IS $316,640 ($500 x 633.28 AFFECTED ACRES). EACH RESIDENTIAL OR HEREINAFTER. THEREFORE, THE TOTAL OBLIGATION OF DEVELOPER FOR THE $500 PER ACRE OF AFFECTED PROPERTY FOR BANK PROTECTION AS SET FORTH PROTECTION, IN COMPLIANCE WITH ORDINANCE NO. 99.02, DEVELOPER SHALL PAY PER THE GLADDEN FARMS II DEVELOPMENT AGREEMENT, SECTION 6.6 BANK 37. BOUNDARIES OF A COMMUNITY FACILITIES DISTRICT. PROPERTY TAXES THAT DO NOT APPLY TO PROPERTIES LOCATED OUTSIDE THE DISTRICT, WHICH WILL RESULT IN THIS PROPERTY BEING SUBJECT TO SECONDARY THIS PROPERTY LIES WITHIN THE GLADDEN FARMS II COMMUNITY FACILITIES 36. EACH INDIVIDUAL RESIDENTIAL UNIT WITHIN THIS BLOCK. MARANA UNIFIED SCHOOL DISTRICT UPON THE ISSUANCE OF BUILDING PERMITS FOR VOLUNTARY IMPROVEMENT IN-LIEU FEE OF $1,200 PER LOT SHALL BE PAID TO THE PER SECTION 6.5 OF THE GLADDEN FARMS II DEVELOPMENT AGREEMENT, A 35. CODE. FARMS II SPECIFIC PLAN AS WELL AS THE TOWN OF MARANA LAND DEVELOPMENT THIS PLAT FALLS UNDER THE REQUIREMENTS AND GUIDELINES OF THE GLADDEN 34. .DEVELOPMENT AGREEMENT RESOLUTION 2018 DEVELOPMENT AGREEMENT RESOLUTION 2006-218 AND SECOND AMENDMENT TO THE AND DEVELOPMENT AGREEMENT RESOLUTION 2006-38, FIRST AMENDMENT TO THE SUBJECT TO THE CONDITIONS AND AGREEMENTS OF REZONING ORDINANCE 2006.03 SECOND SPECIFIC PLAN AMENDMENT ORDINANCE 2018.006. THIS DEVELOPMENT IS 7, 2006, THE FIRST SPECIFIC PLAN AMENDMENT ORDINANCE 2006.35 AND THE NO.2006.03 AS ADOPTED BY THE TOWN OF MARANA MAYOR AND COUNCIL ON MARCH THIS SUBDIVISION IS SUBJECT TO THE REQUIREMENTS OF MARANA ORDINANCE 33. RECORDED AT DOCKET 13063, PAGE 4202. SUBJECT TO AIRCRAFT NOISE AND AIRCRAFT OVERFLIGHT. AVIGATION EASEMENT IS IN THE AIRPORT INFLUENCE AREA FOR THE MARANA REGIONAL AIRPORT AND IS AN AVIGATION EASEMENT HAS BEEN RECORDED ON THIS PROPERTY. THIS PROPERTY 32. 20. WAY IMPROVEMENTS TO CONNECT PENELOPE DRIVE TO GLADDEN FARMS BLOCKS 18 & DEVELOPER/OWNER WILL BE RESPONSIBLE FOR THE CONSTRUCTION OF ALL RIGHT OF 31. DOCKET 13080, PAGE 27. CONDITIONS, COVENANTS, AND RESTRICTIONS PER DOCKET 13068 PAGE 4762 AND OF GASLINES PER DOCKET 13048, PAGE 5916. PRIVATE EASEMENT GRANTED TO EL PASO NATURAL GAS COMPANY FOR THE PURPOSE PAGE 1153. MATTERS CONTAINED IN MARANA RESOLUTION 2006-76 RECORDED IN DOCKET 12822, SEQUENCE #2018 . PAGE 2240, FIRST AMENDMENT DOCKET 12956, PAGE 1622, AND SECOND AMENDMENT MATTERS CONTAINED IN THE GLADDEN FARMS II SPECIFIC PLAN DOCKET 12758, DOCKET 12956, PAGE 1633, AND SECOND AMENDMENT SEQUENCE #2018 . IN DOCKET 12758, PAGE 2247, FIRST AMENDMENT DOCKET 12956, PAGE 1630 AND MATTERS CONTAINED IN THE GLADDEN FARMS II DEVELOPMENT AGREEMENT RECORDED 10529, PAGE 1892. MATTERS CONTAINED IN THE TOWN OF MARANA GENERAL PLAN RECORDED IN DOCKET PAGE 582. THIS IS A BLANKET EASEMENT OVER THE WEST HALF OF SECTION 35. TUCSON GAS, ELECTRIC LIGHT AND POWER COMPANY RECORDED IN DOCKET 316, PRIVATE EASEMENT FOR ELECTRIC LINES, POLES AND APPURTENANCES GRANTED TO ADEQUATELY DEFINE. POWER COMPANY RECORDED IN DOCKET 193, PAGE 356. DOCUMENT DOES NOT PRIVATE EASEMENT FOR GAS MAINS GRANTED TO TUCSON GAS, ELECTRIC LIGHT AND IRRIGATION DISTRICT RECORDED IN BOOK 314 AT PAGE 445 OF DEEDS. CONVEYANCE OF ALL UNDERGROUND OR PERCOLATING WATERS TO CORTARO-MARANA MISCELLANEOUS RECORDS. UNDEFINED LOCATION. TELEPHONE AND TELEGRAPH COMPANY OF WYOMING PER BOOK 103 AT PAGE 225 OF PRIVATE EASEMENT FOR UNDERGROUND COMMUNICATION LINES GRANTED TO AMERICAN DUE TO ILLEGIBLE MAP. PER BOOK 77, PAGE 149 OF MISCELLANEOUS RECORDS. UNDETERMINED LOCATION APPURTENANCES GRANTED TO TUCSON GAS, ELECTRIC LIGHT AND POWER COMPANY PRIVATE EASEMENTS FOR THE PURPOSE OF ELECTRIC LINES, POLE AND UNITED STATES RECORDED IN BOOK 61 OF DEEDS AT PAGE 302. RESERVATIONS, EXCEPTIONS AND PROVISIONS CONTAINED IN THE PATENT FROM THE 30. THIS PROPERTY IS SUBJECT TO THE FOLLOWING:LINE TABLECURVE TABLE CURVE TABLE CURVE TABLE CURVE TABLE C24 C25 C26 C23 15°54'26" 90°00'00" 130°01'55" C27 33.45' 33.49' 39.27' 39.27' C28 C29 C30 15°54'26" 37°39'55" 15°54'26" 7°40'14" 11°19'01" 38°01'08" 14°02'59" 18°49'37" 10°53'33" 90°00'00" 18°49'37" 90°00'00" 71°20'13" 85°13'22" 14°02'59" 251°20'13" C4 239.60'497.00' 37°39'55" 27°37'17" 88°46'39" 37°39'55" 027°37'17" 986.50' 23°24'45" 14°36'23" 986.50'C6 403.11' 251.49' 90°00'00" 25.00' 273.00' 227.00' 191.30' 249.72' 38.74' 163.69' 25.00' 90°00'00" 7°01'15" 8°27'12" 291.00' 518.00' 25.00' 249.00' DELTA C21 C22 LENGTH C20 C17 C18 C19 560.71' 69.41' 33.47' 72.05' 177.49' 60.57' 115.99' 79.01' C16 C3 C5 C7 C2 CURVE # C1 C8 C13 C14 C15 C12 C9 C10 C11 25.00' 268.00' 55.00' 379.00' 270.00' 250.00' 250.00' 45.00' 229.00' 25.00' 60.00' 271.00' 25.00' 332.00' 25.00' 400.00' 39.27' 109.09' 39.27' 56.03' 37.19' 65.72' 241.27' 75.24' 845.00' 247.00' 353.00' RADIUS 63.58' 39.27' 136.17' 43.38' 265.58' 32.54' 38.27' 38.08' 229.47' 39.27' 40.27' 25.00' 374.00' 25.00' 25.00' 25.00' 226.00' 25.00' 461.53' C57 C58 C59 C56 C53 C54 C55 39.27' 122.89' 37.19' 41.94' 39.27' 55.42' 41.35' 39.27' 27°37'17" 90°00'00" 87°42'50" 87°16'47" 85°13'22" 96°07'21" 26°14'48" 55°13'57" 21.58'25.00'49°27'11"C60 276°39'49" 41°25'51" 92°17'10" 18°49'37" 25.00' 25.00' 45.00' 476.00' 25.00' 1007.50' 25.00' 55.00' 94°46'38" 90°00'00" 90°00'00" 14°02'59" 45.00' 25.00' 90°00'00" 241.27' 56.03' 46.83' 338.03' 52.39' 52.39' 40.73' 34.34' 25.00' 35.00' 35.00' 965.50' 41.35' 85.96' RADIUS 40.73' C34 C35 C36 C33 CURVE # C31 C32 C37 C42 LENGTH 189.64' C41 C38 C39 C40 11°41'55" C43 C44 94°46'38" 71°20'13" 2°39'47" 78°42'39" C45 C50 C51 C52 C49 C46 C47 C48 251°20'13" 1007.50' 25.00' 25.00' 45.00' 25.00' 965.50' 55.00' 421.00' 85°45'51" 93°21'09" 20°03'36" 85°45'51" DELTA 11°15'14" 93°21'09" 518.00' 518.00' 518.00' 518.00' 25.00' 25.00' 25.00' 523.91' 53°07'48" 36°52'12" 4°19'49" 25.00' 25.00' 249.00' 25.00' 25.00' 25.00' 332.00' 3.56' 35.17' 45.26' 332.00' 60.00' 60.00' 60.00' 271.00' 25.00' 25.00' 271.01' CURVE #LENGTH 10°24'55" 5°51'36" 8°09'51" 80°36'47" RADIUS DELTA 5°51'36" 13°45'36" 47°29'59" 50°10'03" 2°08'49" 13°36'54" 36°52'12" 53°07'48" 32°21'53" 4°06'53" 5°51'36" 5°51'36" 23°34'41" 31°19'56" 58°40'04" 66°25'19" 53.58' C69 C70 C71 C68 C65 C66 C67 C72 C77 C78 C79 C76 C73 C74 C75 15.61' 51.25' 14.46' C64 C61 C62 C63 35°46'11" 11°03'19" 3°22'44" 25.00' 265.64' 245.25' 49.74' 52.54' 33.89' 65.08' 16.09' 23.18' 10.16' 13.67' 52.98' 52.98' 52.98' 37.20' 25.60' 28.98' 10.29' 78.89' C84 C85 C86 C83 C80 C81 C82 C87 23.18' 16.09' 25.09' C88 C89 C90 965.50' 965.50' 965.50' 965.50' 965.50' 965.50' 965.50' 25.00' 25.00' 25.00' 25.00' 25.00' 25.00' 25.00' 25.00' 965.50' 16.09' 32.66' 50.59' 23.18' 23.18' 16.09' 23.18' 39.64' 291.00' 965.50' 965.50' 291.00' 23.18' 14.00' 291.00' 41°38'49" 53°07'48" 36°52'12" 15°21'44" 3°38'37" 1°50'04" 63°20'55" 53°07'48" 6°04'24" 53°07'48" 32°05'34" 7°45'00" 53°07'48" 36°52'12" 5°00'13" 3°38'37" 25.00' 10°07'47" 10°07'47" 25.00' 374.00' 374.00' 374.00' 4°25'15" 3°39'03" 3°38'37" 3°38'37" 3°39'03" 0°18'56" 3°38'37" 3°38'37" 18.17' DELTA C95 C96 RADIUSCURVE #LENGTH C97 C102 C103 C104 C101 C98 C99 C100 10°07'47" 92.44' 25.98' 14.50' C94 C91 C92 C93 51.45' 21°16'17" 5°58'43" 2°51'20" 291.00' 249.00' 249.00' 291.00' 61.40' 61.40' 61.52' 5.32' 51.45' 51.45' 22.45' 61.52' 30.91' 27.64' 6.70' 61.40' 61.40' 61.40' 61.40' C120 C109 C110 C111 C108 C105 C106 C107 C112 C117 C118 C119 C116 C113 C114 C115 845.00' 845.00' 845.00' 845.00' 25.00' 845.00' 845.00' 845.00' 8°23'19" 8°54'18" 1°03'48" 845.00' 845.00' 845.00' 845.00' 25.00' 476.00' 476.00' 25.00' 476.00' 53.74' 53.74' 4.66' 25.00' 55.00' 55.00' 45.00' 55.00' 25.00' 25.00' 55.00' 3°38'37" 0°18'56" 3°38'37" 2°46'03" 8°28'19" 2°46'03" CURVE # 29.86'55.00'31°06'11"C150 LENGTH RADIUS DELTA 3°38'37" 179°49'49" 30°52'02" 51°10'31" 34°35'02" 36°52'12" 53°07'48" 53°07'48" 14°47'28" 3°38'37" 3°38'37" 3°38'37" 1°50'04" 41°25'51" 39°09'21" 53°07'48" 40.81' C129 C130 C131 C128 C125 C126 C127 C132 C137 C138 C139 C136 C133 C134 C135 8°23'19" 18.15' 23.79' 7.28' C124 C121 C122 C123 69.69' 41°36'10" 54°31'12" 0°52'33" 476.00' 25.00' 25.00' 476.00' 14.20' 32.54' 17.08' 49.12' 15.09' 172.62' 29.63' 23.18' 53.74' 40.81' 124.94' 53.74' 27.05' 53.74' 53.74' 23.18' C144 C145 C146 C143 C140 C141 C142 C147 8.83' 16.09' 23.18' 73.98' C148 C149 69.69' LINE # 29.70' 22.48' 51.30' DIRECTION 32.70' 61.63' 61.63' 42.00' 15.79' 50.82' 16.28' 61.29' 61.29' 42.00' L12 L13 L10 L11 L14 L17 L18 L15 L16 L9 L2 L3 L1 L4 L7 L8 L5 L6 L19 31.93' 8.98' 34.00' 34.00' 40.39' 31.93' 63.95' 22.48' 31.93' 59.46' L22 L23 L20 L21 L24 57.96' 57.24' L25 LENGTH DIRECTION 17.03' 127.28' 41.61' 16.17' 126.14' 116.70' 97.73' 12.23' 67.44' 167.85'SVL8 SVL7 SVL6 SVL11 SVL10 SVL9 SVL5 SVL1 LINE # SVL4 SVL3 SVL2 SVL12 42.96' 201.30' 15.78' 37.04' 92.33' 15.00' 30.96' SVL15 SVL14 SVL13 LENGTH SVL17 SVL16 965.50' 965.50' RADIUS 332.00' 2°42'50" 3°17'26" DELTA 2°05'51" 55.45' SVC1 SVC2 CURVE # 12.15' 45.73' SVC3 LENGTH 8.03' 233.24' 55.00' 55.00' 8°21'49" 242°58'25" 36°06'17"45.00'28.36' 27.67'45.00'35°13'56" SVT LINE TABLE SVT CURVE TABLE 20.00'L26 N37°39'21"E N60°55'20"W N12°36'28"W S89°29'55"W S3°25'14"E N65°25'06"W N89°29'57"E S13°07'14"W S79°22'14"E S3°25'14"E N89°29'57"E N89°29'57"E S15°24'23"W N35°25'21"E N85°23'26"E S74°35'37"E S15°24'23"W N15°24'23"E N77°47'07"E S88°49'51"E N88°49'51"W S24°34'54"W S79°22'14"E S3°25'14"E N77°47'07"E N60°24'23"E S89°42'29"W S79°22'14"E N14°08'22"E N71°01'02"W S85°23'26"W S79°06'27"E N74°35'37"W S3°38'02"E N3°33'51"E S75°47'17"E N79°22'14"W S10°52'52"W N15°24'23"E S83°50'23"E N79°22'14"W S71°01'02"E N74°35'37"W CURVE TABLE G:\GLADDEN_II\3618_blk35_39\3618E_Blk_35_Replat\Civil\TUC CorpStds 2005.dscript G:\GLADDEN_II\3618_blk35_39\3618E_Blk_35_Replat\Civil\3618Efp02.dgn 17-JUL-2018 17:34c2018Rick Engineering CompanyJ-3618E BLOCK 35 GLADDEN FARMS COMMON AREA "B": (FUNCTIONAL OPEN SPACE, UTILITIES AND DRAINAGE) COMMON AREA "A": (LANDSCAPE, UTILITIES, DRAINAGE) SHEET OF 4 PRV1806-002 TOWN OF MARANA, PIMA COUNTY, ARIZONA. SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST GILA & SALT RIVER MERIDIAN, BEING A RESUBDIVISION OF A PORTION OF GLADDEN FARMS BLOCKS 35 & 39, SEQ#20121740308, SEQUENCE #2018 SEQUENCE #2018FINAL PLAT FOR RELATED CASES: PCZ-05028 PRV-06073F PRV-07084F PCZ1708-002 PRV1710-002 COMMON AREAS "A-1"-"A-9" &"B-1"-"B-7" LOTS 1-105, BLOCKS A & B & Marana Regular Council Meeting 09/04/2018 Page 33 of 286 SEE SHEET 4 SCALE: 1" = 50' DATA TABLES LINE AND SVT EASEMENT SEE SHEET 2 FOR CURVE,BASIS OF BEARINGS32128.29'DKT 13857, PG 132546' PUBLIC RIGHT OF WAYG:\GLADDEN_II\3618_blk35_39\3618E_Blk_35_Replat\Civil\TUC CorpStds 2005.dscript G:\GLADDEN_II\3618_blk35_39\3618E_Blk_35_Replat\Civil\3618Efp03.dgn 17-JUL-2018 17:34c2018Rick Engineering CompanyJ-3618E BLOCK 35 GLADDEN FARMS COMMON AREA "B": (FUNCTIONAL OPEN SPACE, UTILITIES AND DRAINAGE) COMMON AREA "A": (LANDSCAPE, UTILITIES, DRAINAGE) SHEET OF 4 PRV1806-002 TOWN OF MARANA, PIMA COUNTY, ARIZONA. SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST GILA & SALT RIVER MERIDIAN, BEING A RESUBDIVISION OF A PORTION OF GLADDEN FARMS BLOCKS 35 & 39, SEQ#20121740308, SEQUENCE #2018 SEQUENCE #2018FINAL PLAT FOR RELATED CASES: PCZ-05028 PRV-06073F PRV-07084F PCZ1708-002 PRV1710-002 COMMON AREAS "A-1"-"A-9" &"B-1"-"B-7" LOTS 1-105, BLOCKS A & B & 1 2 3 4 KEYNOTES 10' X 10' TUCSON ELECTRIC POWER EASEMENT GRANTED BY THIS PLAT PUBLIC SIGHT VISIBILITY EASEMENT GRANTED BY THIS PLAT 1' PUBLIC NO ACCESS EASEMENT GRANTED BY THIS PLAT ASSOCIATION STREET TREE LANDSCAPE EASEMENT GRANTED BY THIS PLAT. 10' PUBLIC UTILITY EASEMENT, ROADWAY MAINTENANCE AND SIGNAGE, AND HOMEOWNERS 1 2 3 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 6364 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 98 99 100 101 102 103 104 105 6,600 SF 6,602 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,623 SF 6,868 SF 6,623 SF 6,623 SF 6,623 SF 6,623 SF 6,623 SF 6,621 SF 7,553 SF 6,558 SF 6,588 SF 6,953 SF 7,806 SF 6,675 SF 6,576 SF 2,510 SF 2,510 SF2,298 SF2,340 SF7,700 SF 1,344 SF1,645 SF2 , 18 0 SF 6,627 SF 6,722 SF 6,783 SF 6,937 SF 6,937 SF 6,937 SF 6,937 SF 6,830 SF 6,937 SF 6,937 SF 6,593 SF 6,460 SF 7,121 SF 8,487 SF 8,778 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,576 SF 6,576 SF 7,116 SF 7,711 SF8,405 SF 8,028 SF 6,615 SF 6,899 SF 7,351 SF 6,899 SF 6,899 SF 6,899 SF 6,899 SF 6,899 SF 7,483 SF 7,747 SF 7,615 SF 6,883 SF 7,190 SF 6,864 SF 6,686 SF 7,598 SF 7,123 SF 6,875 SF 6,875 SF 7,244 SF 6,875 SF 7,365 SF 7,486 SF 6,983 SF 6,851 SF 6,875 SF 7,789 SF 7,342 SF 6,674 SF 7,342 SF 6,830 SF 34,162 SF 16,050 SF CA "B-7" CA "A-1" CA "A-2"CA "B-4"CA "A-3"CA "A-4"C A "A -5"CA "A-6"CA "A-7"CA "A-8" CA "B-6"CA "B-5"BLOCK A 97 7,477 SF55.00'55.00'55.00'S74°35'37"E 120.00'S74°35'37"E 120.00'S74°35'37"E 120.00'55.00'55.00'55.00'55.00'C11722.38'23.73' S87°20'49"E 124.64'55.00'55.00'S74°35'37"E 120.00'S74°35'37"E 121.43'C116S74°35'37"E 230.00'38.37'S74°35'37"E 106.87' C113 2.00' N71°26'41"E 105.59' 12.11'45.13' 3.63'C114 C11255.00'40.00'S74°35'37"E 120.00' S 74°35'37"E 120.00'115.00'115.00'40.00'C11555.00'14.30' 55 .19 ' 55 .19 'N15°24'23"E 142.05'N15°24'23"E 125.25'N86°34'46"E 172.44'55.00'12.21' C135 5 5 .04' 55 .19 ' 55 .19 'N15°24'23"E 134.85'N15°24'23"E 137.25'N15°24'23"E 139.65'55 .04' 55 .0 4' 55 .19 ' S 74°35'37"E 104.05' S 74°35'37"E 120.00'55.00'S 74°35'37"E 120.00'55.00'S 74°35'37"E 120.00' 121.85'C11840.86'S3°25'14"E55.00'S74°35'37"E 138.75'55.00'50.60'55.00'S74°35'37"E 120.00'55.00'S74°35'37"E 120.00'55.00'S74°35'37"E 120.00' 2 2. 2 5' 42.37' C81C80 N15°24'23"E 116.35'45.00'C82 N15°24'23"E 117.91'C79 3 5. 7 1'54.89' C77 N39°4 5 '0 6 "E 104.22' 14.10'N15°24'23"E 110.45'55.00' C 78 27.90'55.00'55.00'55.00'N15°24'23"E 120.00'N15°24'23"E 120.00'50.00'55.00'N15°24'23"E 120.00'S79 °22'14 "E 44 1 .53 ' C65 S3°25'14"E 120.00'58.11'47.29'C66C73391.78'C75 S74°35'37"E 275.00' 49.27' N68°31'22"E 119.11'120.00'C132 55 .19 'S15°24'23"W 385.00'N15°24'23"E 108.57'S74°35'37"E 115.00'S15°24'23"W 588.22'C7C 7420.59'C660.00'S4°36'34"E144.79' L2553.49'S2°46'20"E50.26'S7°43'02"WS86°34'46"W 115.00'C68C67 C122SV L 7 SVL6 SVC2SVL8SVL5 SVL3 SVL2 SVL4 SVC1SVL9SVL15 SVL14 SV L 17 SVL16 SVL13SVL10 SVC3SVL12 SVL11 SVL1 N12°12'53"W 120.00'2.05'C76C111C108 S15°24'23"W 239.52'C13 3 N15°24'23"E 137.20'C136 C 13460.00' C 119 C138C129S15°24'23"W 246.03'121.60'55 .19'N15°24'23"E 125.44'42 .23 ' C120 C 130 55.00'55.00'S15°24'23"W 125.00'S15°24'23"W 125.00'40.00'120.00'C128 S15°24'23"W 125.00'55.00' 55 .19' 39 .03' 55 .19 'N15°24'23"E 125.44'C12 1 124.43'N15°24'23"E 132.45'55 .04'C13 7 55 .19 ' 38 .07'N15°24'23"E 125.44'55 .19'N15°24'23"E 125.44'55 .19'N15°24'23"E 125.44'55 .19 'N15°24'23"E 125.44'55 .19 'N15°24'23"E 125.44'55.00' 5 5 .0 4'S15°24'23"W 135.00'N15°22'49"ES15°24'23"W 241.80'55 .04'S15°24'23"W 130.61'55 .0 4'S15°24'23"W 132.81'55 .04'54.69'S68°21'11"W S54°34'39" E 55.00'C102C14455.00'S74°45'27"E 121.80'55.00'46.17' C126S15°24'23"W 124.92'C12755.00'55.00'S15°24'23"W 125.00'55.00'S5°26'17"W 120.00'C131 49.25'S15°24'23"W 128.42'41 .03' C123 C125 S2°57'02"E 120.00'S11°20'20"E 120.00'C124 S15°24'23"W 120.42'55 .19' 55 .19' 55 .19 ' 55 .19' 55 .19'S15°24'23"W 120.42'S15°24'23"W 120.42'55 .19'S15°24'23"W 120.42'C70C6 9 C71N 75°28'30"W 120.00' N89°05'25"W 120.00' 48 .64' C109 S15°24'23"W 119.52'55 .19 ' 55 .19' C61 40 .39 'N15°24'23"E 114.08'C11 0S10°37'46"W 119.23'C63S0°17'04"E 120.59'20.30' C62 55 .19' 55 .19' 55 .19' 55 .19'S15°24'23"W 120.42'55 .19 ' 38 .05'S15°24'23"W 120.42'S15°24'23"W 120.42'55 .19' S 74°35'37"E 120.00' L8 77.42'L9421.45'L4L7L6 91.43'282.38'190.00'69.73'L23492.21'L10 99.82' L22145.69' L3 N3°31'06"E 196.86'40.00'N3 3 °09'2 2 "W 7 6.9 7'L255.00'51.43'5.11'S15°24'23"WC72L1 S24°34'54"W 346.07'C1N0°30'03"W 435.79'N86°28'49"E 1426.52' 60.50'137.43'190.95'C5297.17'S15°24'23"W 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64(PUBLIC STREET)21.0'21.0'21 .0' 2 1 .0'21.0'21.0'21.0'2 3 . 0' 23 . 0'30.0'30.0'21 .0' 21 .0' 21 .0' 21 .0' 2 1 . 0' 2 1 . 0'21.0'21.0'MIDFIELD ROAD(PUBL IC STREET )(PUBLIC STREET)(PUBL IC STREET )(P U B L IC S T R EET )(PUBLIC STREET)(PUBLIC STREET)(PUBLIC STREET)R-8STAMPED "17436" CAPPED PIPE FND •" ALUM W ‚ CORNER (PUBLIC STREET)(P U B L IC S T R EET )56 33 32 31 30 29 28 27 26 25 45.00'45.00'90.00'(PUBLIC STREET)34 35 3 4 3 3 3 3 3 3 3 3 3 111 1 1 1 111121.0'121.0'BLOCK B4 4 1 12 2 2 2 22 2 2 2 2 2 2 2 2 2 2 2 2 SARABELLA DRIVE SARABELL A DR IVE AMBERWOOD PLACEDRIVE HANCOCK LANEGOLDENVIEWSANDERLIN DRIVEP ER ENO SA P LA C EEVIR D EPOLENEP LARISA DRIVEPLE A SAN T V IEW D R IV E BK 55, PG 60 10' CMID ESMT BK 55, PG60 10' CMID ESMT *DOCKET 13494, PAGE 373 20'PUBLIC SEWER ESMT BK 60, PG 37 TOWN OF MARANA DEDICATED TO THE 50' OPEN SPACE DOCKET 6849, PAGE 533 & TELEGRAPH COMPANY STATES TELEPHONE EASEMENT TO MOUNTAIN 10' PRIVATE TELEPHONE Marana Regular Council Meeting 09/04/2018 Page 34 of 286 SCALE: 1" = 50' SEE SHEET 3 DATA TABLES LINE AND SVT EASEMENT SEE SHEET 2 FOR CURVE, 4EVIRD ENIWYDNACGOLDENVI EW LANECAMDEN DRIVECARAVELLE PLACE32 33 34 35 36 37 38 73 74 CA "B-5" 101 102 87 88 84 85 86 191 192 193 194 195 196 197 198 199 200 201 202 203 103 104 105 106 107 108 CA "A-9" CA "B-6"BLOCK BCA "B-1" CA "B-7"46.0'46.0'2128.29'34 35 TAGGED "PCHD3" FND 1/2" REBAR SECTION 35 SOUTHWEST CORNER G:\GLADDEN_II\3618_blk35_39\3618E_Blk_35_Replat\Civil\TUC CorpStds 2005.dscript G:\GLADDEN_II\3618_blk35_39\3618E_Blk_35_Replat\Civil\3618Efp04.dgn 17-JUL-2018 17:34c2018Rick Engineering CompanyJ-3618E BLOCK 35 GLADDEN FARMS COMMON AREA "B": (FUNCTIONAL OPEN SPACE, UTILITIES AND DRAINAGE) COMMON AREA "A": (LANDSCAPE, UTILITIES, DRAINAGE) SHEET OF 4 PRV1806-002 TOWN OF MARANA, PIMA COUNTY, ARIZONA. SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST GILA & SALT RIVER MERIDIAN, BEING A RESUBDIVISION OF A PORTION OF GLADDEN FARMS BLOCKS 35 & 39, SEQ#20121740308, SEQUENCE #2018 SEQUENCE #2018FINAL PLAT FOR RELATED CASES: PCZ-05028 PRV-06073F PRV-07084F PCZ1708-002 PRV1710-002 COMMON AREAS "A-1"-"A-9" &"B-1"-"B-7" LOTS 1-105, BLOCKS A & B & 1 2 3 4 KEYNOTES 10' X 10' TUCSON ELECTRIC POWER EASEMENT GRANTED BY THIS PLAT PUBLIC SIGHT VISIBILITY EASEMENT GRANTED BY THIS PLAT 1' PUBLIC NO ACCESS EASEMENT GRANTED BY THIS PLAT ASSOCIATION STREET TREE LANDSCAPE EASEMENT GRANTED BY THIS PLAT. 10' PUBLIC UTILITY EASEMENT, ROADWAY MAINTENANCE AND SIGNAGE, AND HOMEOWNERS 2 3 4 5 6 7 8 9 10 11 12 13 141516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 72 73 74 1,344 SF1,645 SF2 , 1 80 SF 6,000 SF 6,937 SF 6,937 SF 6,628 SF 6,628 SF 6,985 SF 7,944 SF 8,898 SF 8,039 SF 7,051 SF 7,120 SF 8,491 SF 6,526 SF 7,116 SF 7,178 SF 7,080 SF 7,113 SF 6,972 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,593 SF 6,460 SF 7,121 SF 8,487 SF 6,576 SF 6,875 SF 6,875 SF 6,875 SF 6,851 SF 6,875 SF 7,789 SF 7,342 SF 6,674 SF 7,342 SF 14,678 SF 33,276 SF CA "B-1" CA "B-2" CA "B-3"CA "A-3"CA "A-4"CA "A-6"S74°35'37"E 230.00' C113 N71°26'41"E 105.59' 12.11'45.13'C11240.00'115.00' 2 2. 2 5' S 78 °45'2 6 "E 16 1 .87 'C9050.82'N12°12'53"W 120.07'C89 N77°42'08"E66.04'N12°12'53"W 119.74'54.37' C88 C84 C 83 N11°17'31"E 121.65'C85 N6°17'16"W 121.16'C87 N0°25'41"W 120.65'C86 N79°48'26"E S71°45'03"E 120.00'52.92'N7°36'49"EC91N23°28'05"EC92N65°46'20"W 120.00'39.48'47.62'65.26' S86°58'12"E 65.32' N87°05'21"E 65.33 '35.52'N86°58'40"E 120.00' S83°02 '36"E 117.00'62.28' 14.05' C81C80 N15°24'23"E 116.35'12.53'45.00'C82 N15°24'23"E 117.91'55.00' C79 3 5. 7 1'54.89' C77 N3 9 °4 5 '06"E 104.2 2 ' 14.10'N15°24'23"E 110.45'55.00' C78 27.90'55.00'N15°24'23"E 120.00'55.00'50.00'55.00'55.00' 16.38'N15°24'23"E 120.00'N15°24'23"E 120.00'55.00'55.00'N15°24'23"E 120.00'N15°24'23"E 120.00'55.00'55.00'55.00'50.00'55.00'N15°24'23"E 120.00'C760.00'S4°36'34"E144.79' SV L 7 SVL6 SVC2SVL8SVL5 SVL4 SV L 17 SVL16 N12°12'53"W 120.00'2.05'C12955.00'S15°24'23"W 125.00'S15°24'23"W 125.00'40.00'120.00'C128 S15°24'23"W 125.00'55.00'55.00'46.17' C126S15°24'23"W 124.92'C12755.00'S15°24'23"W 125.00'S5°26'17"W 120.00'49.25'C123 C125 S2°57'02"E 120.00'S11°20'20"E 120.00'C124190.00' N3 3 °0 9'2 2 "W 7 6.97'L2L1 S13°26'15"E 444.45'N46°26'35"W 25 9 .71'N 74°35'37"W 625.16' S76°33'45"W 134.36'N65°46'20"W 276.00'297.17' C4 S13°26'15"E 159.82'C8S15°24'23"W 107.63'C1022.7450'.'442C101S84°09'56"W 120.50' 13 4 .38'74.91'C9474.99'C96C95N88°53'13"W 134.14'N68°37'40"W 124.02'35.52'46.42'21.00'117.00'60.16'C9339.48'N65°46'20"W 123.50' S80°59'00"W 121.73' S76°52'42"W 120.50'C148C149C99C100C146S80°31'19"W 120.50'C14750.35'C9755.00'62.24'31.09'55.00'49.68' S76°52'42"W 120.50' S76°52'42"W 120.50' C98 L24251.17'75.00'135.77'S13°26'15"E 114.80'75.00'L18L16L17386.38' L14 L 15C46 C5 4 C53 C52C25C24C27 C26 C2 3 C 2 2 C28 C30C29C3175.00'S24°13'40"W21.00'N5°25'55"E 120.04'N15°24'23"E 120.00'137.21'579.17' S 74°35'37"E S 74°59'59"E 52.79' S88°45'22"E 52.07' N82°51'19"E 52.07' N77°49'44"E 54.69'38.4540.88'N24°13'40"E 175.94'163.42' =L"156'2°31=HDR DKT 3738, PG 196 15' GAS/ ELECT ESMT DKT 6959, PG 635 5' TELEPHONE ESMT BK 55, PG 60 25' CMID ESMT CA "C-2"******217-54-0210 UNSUBDIVIDED BLOCK 36 GLADDEN FARMS BK 60, PG 35BLOCK 21GLADDEN FARMS2 1 .0' 2 1 .0'21.0'23 . 0' 2 3 . 0'***BLOCK 39 (SFD-7)BLOCK 35 (SFD -6)BLOCK 39 (SFD-7)BLO CK 35 (SFD-6)MI DFI ELD ROAD(P U B L IC S T R EET )R-6BK 62, PG 64(PUBLI C STREET) 65 64 63 62 61 58 57 56 33 45.00'45.00' 90.00'(PUBLIC STREET)1 1 3 3 131 121.0'1 1222 2 2 2 2 LANEGOLDENVIEWSANDERLIN DRIVEPLE A SA N T V IEW D R IV E BK 55, PG60 10' CMID ESMT SFD-7**SEQ #20121740308 BLOCKS 35 & 39 GLADDEN FARMS BK 60, PG 35 TOWN OF MARANA DEDICATED TO THE 50' OPEN SPACE DOCKET 6849, PAGE 533 TELEPHONE & TELEGRAPH COMPANY GRANTED TO MOUNTAIN STATES 10' PRIVATE TELEPHONE EASEMENT ECALP DOOWREBMA)TEERTS CILBUP( Marana Regular Council Meeting 09/04/2018 Page 35 of 286 Marana Regular Council Meeting 09/04/2018 Page 36 of 286 0 Legend 2,000.00 Gladden Farms Block 35 Amended Final Plat Notes: 4,000.0 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map are subject to Pima County's ITD GIS disclaimer and use restrictions.8/16/2018 Parcels Marana Regular Council Meeting 09/04/2018 Page 37 of 286    Council-Regular Meeting   C4        Meeting Date:09/04/2018   To:Mayor and Council From:Brian Varney, Senior Planner Date:September 4, 2018 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2018-078: Relating to Development; approving a preliminary plat for Lazy K Bar Ranch, Lots 1 through 178,  Common Areas "A", "B", and "C" located at the west terminus of Pima Farms Road west of the Scenic Drive alignment (Brian D. Varney) Discussion: Request The WLB Group, Inc., representing property owners LKB Ranch, LLC, LKB Hotel LLC, and LKB Retained Land LLC, and the prospective developer, The Pulte Group, Inc., is requesting approval of a preliminary plat for the Lazy K Bar Ranch. The proposed plat includes 178 residential lots and common areas 'A', 'B', and 'C'.    Location  The proposed plat consists of 138 acres located at the west terminus of Pima Farms Road west of the Scenic Drive Alignment.       Zoning The Town Council adopted Marana Ordinance 2017.013 on May 16, 2017 approving the Lazy K Bar Ranch Specific Plan, approving a minor amendment to the General Plan, and approving the Lazy K Bar Ranch Development Agreement. The Specific Plan establishes the zoning of approximately 103 acres of the 138-acre subdivision as 'F' (Specific Plan), and the remaining 35 acres is zoned 'RR' (Resort and Recreation).    Land Use The preliminary plat proposes Lots 1 through 178 and Common Area "A" (private streets and public utilities) [10.99 acres], Common Area "B" (natural open space, drainage, landscape, pedestrian, public sewer, and utilities) [89.08 acres], and Common Area "C" (active open space) [3.04 acres]. The proposed density of the subdivision is 1.29 Marana Regular Council Meeting 09/04/2018 Page 38 of 286 residences per acre. The subdivision will be developed in two phases: Lots 1-86 and Lots 87-178. Residential lot area will occupy approximately 34.9 acres of the subdivision. The minimum proposed lot size is 6,000 square feet, the maximum is 14,109 square feet, and the average is 8,385 square feet. Construction is proposed to be limited to one-story or 25 feet; however, the building height for individual lots or particular models may be increased to a maximum of 30 feet subject to review and approval by the Development Services Director.  The subdivision has been designed to leave much of the land area undisturbed, particularly in the north, west, and south portions of the project. All disturbance to occur within the Common Area "B" (natural open space, drainage, landscape, pedestrian, public sewer, and utilities) as the result of roadway and utility installation, construction of entry monumentation and signage, and various forms of ancillary grading is proposed to be revegetated to the greatest extent possible.    Access and Traffic Circulation  The primary access to the subdivision will be provided via Scenic Drive at its intersection with Pima Farms Road. The secondary access is located just south of the northeast corner of the subdivision. The proposed development is gated with 1.62 miles of new, private streets maintained by a homeowner's association. Local street sections have been increased from the 42 foot wide section approved with the Specific Plan to a 46 foot wide section with two, 12 foot wide travel lanes, wedge curbs, and detached, five foot wide sidewalks. The secondary access will be constructed with two, 10-foot wide travel lanes and no sidewalks. The main entry road is proposed as a 62.5 foot wide, divided street section with portions of the median landscaped. A 52 foot wide section is also proposed for the spine road that connects the two phases of the development.       Pursuant to the Lazy K Bar Ranch Development Agreement, Scenic Drive will be improved by the developer from Pima Farms Road north to a point approximately 400 feet south of Silverbell Road. Right-of-way at a width of 60 feet will be dedicated to the Town by the subdivision final plat. The roadway will be fully designed, funded, and constructed in accordance with the Development Agreement. The Development Agreement also requires that improvements to Pima Farms Road are completed from Scenic Drive to its intersection with Moonfire Drive, matching the street section previously constructed during the development of the Ironwood Reserve subdivision.  Two design exception requests pertaining to interior roadway design have been approved by the Town Engineer and Northwest Fire:    1. Northwest Fire has approved a request to allow a single point of access for Lots 133 through 178 with the condition that all homes constructed on these lots are equipped with fire sprinklers. 2. The Town Engineer has approved a modification to the Town's standard street section, as well as the location of a small number of short, sidewalk sections.  Recreation The development's recreation component includes 3.04 acres devoted to a neighborhood park / recreation area and a public trail extending from the east property boundary to a point roughly 300 feet from the west property boundary. The park / recreation area will Marana Regular Council Meeting 09/04/2018 Page 39 of 286 be constructed at a minimum size of 1.5 acres and will include; paved parking, a ramada, seating areas with benches, a playground for children, and a large artificial turf area. An easement for the public trail will be dedicated to the Town with the approval of the final plat. The Marana Parks and Recreation Department will subsequently develop and maintain a sustainable, natural earth trail accessible by the general public.  A paved parking area will be provided at the trailhead on Scenic Drive.   Preservation of Historic Structures Pursuant to the Specific Plan and Development Agreement, the developer will be preserving the original stone portion of the existing ranch house, the patio area southwest of the ranch house, and what has been referred to as the "pavilion terrace / event lawn" southwest of the ranch house. These historic features of the ranch will be incorporated into the recreation area to serve not only as amenities to the residents and their guests, but also as a means of retaining a part of the history and nostalgia of the former Lazy K Bar Ranch. Neighborhood Design Plan In accordance with the Town's Residential Design Standards, a Neighborhood Design Plan (NDP) has been reviewed and accepted by staff, and has been included as an attachment to the report. The home builder will be required to submit a Residential Design Plan at the time of model home plan review and comply with the architectural standards for home construction.     Utilities The subdivision will be served by Marana Water. A water service agreement, as well as plans for the water distribution system will be reviewed and approved prior to development. It will be necessary for the developer to construct a water booster station to provide water service to the lots in the upper elevations of the development. The owner / developer will be responsible for constructing all on-site and off-site water infrastructure needed to serve potable water and fire protection to the project. Sewer service will be provided by Pima County, and Tucson Electric Power and Southwest Gas will provide their respective services.   Financial Impact The Lazy K Bar Ranch Development Agreement obligates the Town to reimburse the developer for 40% of the cost to construct the Scenic Drive improvements and 100% of the cost to construct the Pima Farms Road improvements as described in the Agreement. Although the actual public improvement costs for Scenic Drive and Pima Farms Road are not known at this time, the Town estimates the cost of the Scenic Drive and Pima Farms Road improvements to be approximately $1,600,000 and $400,000 respectively. Under the terms of the Development Agreement, the Town would be obligated to reimburse the developer approximately $640,000 for Scenic Drive and $400,000 for Pima Farms Road. The source of repayment of this obligation is construction sales tax generated and collected from the proposed development project including the reconstruction of Scenic Drive and Pima Farms Road. Due to the source of repayment, the reimbursements will likely be paid out over a number of fiscal years. The costs associated with the Agreement will be included in the fiscal year in which construction sales tax is received and subsequently reimbursed to developer for public Marana Regular Council Meeting 09/04/2018 Page 40 of 286 improvement costs and in future budgets, as appropriate. Planning Commission The preliminary plat was considered by the Planning Commission at its July 25, 2018 meeting. The Commission voted unanimously to recommend to the Town Council approval of the preliminary plat. The draft minutes from the Planning Commission meeting are attached to this report. Financial Impact: Developer reimbursements will be budgeted in future years in alignment with projected construction sales tax collections. Staff Recommendation: Staff has reviewed the proposed preliminary plat against the requirements of the Lazy K Bar Ranch Specific Plan, the Lazy K Bar Ranch Development Agreement, the Marana Town Code, and the Marana General Plan. The proposed plat is in substantial conformance with all required development regulations, and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2018-078 approving the Preliminary Plat for Lazy K Bar Ranch, Lots 1 through 178, Common Areas "A", "B", and "C". Attachments Resolution No. 2018-078 PRV1803-003 LKB PP PRV1803-003 LKB PP NDP PRV1803-003 LKB PP Map PRV1803-003 LKB PP Commission Minutes PRV1803-003 LKB PP App Marana Regular Council Meeting 09/04/2018 Page 41 of 286 Marana Resolution No. 2018-078 8/22/2018 11:06 P M BDV MARANA RESOLUTION NO . 201 8 -078 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR LAZY K BAR RANCH, LOTS 1 THROUGH 178, COMMON AREAS “A”, “B”, AND “C” LOCATED AT THE WEST TERMINUS OF PIMA FARMS ROAD WEST OF THE SCENIC DRIVE ALIGNMENT WHEREAS, on May 16, 2017, the Mayor and Town Council adopted Ordinance No. 2017.013, approving the Lazy K Bar Ranch Specific Plan, a minor amendment to the General Plan, and the Lazy K Bar Ranch Development Agreement; and WHEREAS, The WLB Group, Inc., on behalf of property owners LKB Ranch, LLC, LKB Hotel, LLC, and LKB Retained Land, LLC, has applied for approval of a preliminary plat for a subdivision consisting of Lots 1 through 178 and Common Areas “A” (private streets and public utilities), “B” (natural open space, drainage, landscape, pedestrian, public sewer, and utilities), and “C” (active open space) within 138 acres of land, a portion of which is zoned “F” Specific Plan and the remainder zoned “RR” (Recreation and Resort); and WHEREAS, the Marana Town Council, at the regularly scheduled meeting on September 4, 2018, determined that the preliminary plat for Lazy K Bar Ranch should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the preliminary plat for Lazy K Bar Ranch Lots 1 through 178, Common Areas “A”, “B”, and “C” is hereby by approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of September 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 09/04/2018 Page 42 of 286 Marana Regular Council Meeting 09/04/2018Page 43 of 286 Marana Regular Council Meeting 09/04/2018Page 44 of 286 Marana Regular Council Meeting 09/04/2018Page 45 of 286 Marana Regular Council Meeting 09/04/2018Page 46 of 286 Marana Regular Council Meeting 09/04/2018Page 47 of 286 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X323368696789101112131415161718192021222324252627282930312.12.23.41.13.9OS1X2.2 PER DTL. 1, SHT 4 3635X2.2 PER DTL. 1, SHT 4Marana Regular Council Meeting 09/04/2018Page 48 of 286 XXX X XX X X X X X XXXX X XXXXXXXXX XXXXXXXXXXXXXXX6919202.33.103.95.55.1a5.5X2.2 P E R D T L . 1 , S H T 4 X2.2 P E R D T L . 1 , S H T 4 979899100101102103104105106107108109110112113114115116117118119120121111152153154155150151147148149145146158159160161162163Marana Regular Council Meeting 09/04/2018Page 49 of 286 402259.62X X X X X X X X X X X X X X X X X X X X X X X X 5.55.5OS5153154155156157158159160Marana Regular Council Meeting 09/04/2018Page 50 of 286 X X X X XXXXXXXXXXXXX X X X X X X X X X X XXXXXXXXXXXXXXXXXXXX X XXXXXXXX X X X X X X X X X X X 727374757653707184481424344454647545556575859323334373839404160616263646566676823453.33.21.03.12.03.9X3.1 PER DTL. 1, SHT. 4X3.8 PER DTL. 1, SHT. 4363587888990919293941291301328586131Marana Regular Council Meeting 09/04/2018Page 51 of 286 382182.10XXXX X X X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX693.95.1a5.75.2a5.89192939495969798121122123124125126127128129130131144145146162163164165166167168169170171172173174175176177178140141142143137138139133134135136Marana Regular Council Meeting 09/04/2018Page 52 of 286 402259.62XXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXXXXXXXXXX X X X X X X XXXXXXXXXXXXX169170171172173174Marana Regular Council Meeting 09/04/2018Page 53 of 286 XX X X X X X X X X X X X X X XXXXXXXXXXXXXX X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X XXX X X X X X XXXXXXXXXXXXXXXXXΔΔ52537071787980818283844849543.03.53.63.85.14.05.03.7X3.0 PER DTL. 1, SHT. 4 7751508586Marana Regular Council Meeting 09/04/2018Page 54 of 286 432180.20XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX5.65.25.35.4OS5.4133134135136Marana Regular Council Meeting 09/04/2018Page 55 of 286 392229.66XX X X X X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXOS5.4Marana Regular Council Meeting 09/04/2018Page 56 of 286 412348.19OS5.5OS5.5Marana Regular Council Meeting 09/04/2018Page 57 of 286 422431.18OS5.5Marana Regular Council Meeting 09/04/2018Page 58 of 286 FHXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXX X XXXXXX352146.39362151.46XXXXXXXXXXXXXXXXX X X X XXXXXXXXXXXMarana Regular Council Meeting 09/04/2018Page 59 of 286 Marana Regular Council Meeting 09/04/2018Page 60 of 286 NEIGHBORHOOD DESIGN PLAN (NDP)LAZY K BAR RANCHTOWN OF MARANAAUGUST 20, 2018THEPL GCEANNNIN ERTadiviiIsooonfnTPCGrup,c.e sc rcon eg te tu os naz 857012600ssPROJECT: DATE:PUL-31 08/20/18FILE NAME:PUL31-LO NDP-D.DWGLOCATION MAPSCALE 3" = 1 mileMARANASILVERBELL RD.TWIN PEAKS RD.19 2030 2920 2129 2829 2832 3330 2931 32PIMA FARMS RD.MARANAMARANAMARANAPIMA COUNTYPIMA COUNTYPIMA COUNTYTHISPROJECTSCENIC DRIVE OWNER/DEVELOPER:PULTE GROUP, INC.3011 W. INA ROADTUCSON, AZ 85741CONTACT: SAM MILLSTEL: 520-837-0275ENGINEER:THE WLB GROUP4444 E BROADWAY BLVDTUCSON, AZ 85711CONTACT: DAVID LITTLETEL: 520-881-7480LANDSCAPE ARCHITECT:THE PLANNING CENTER2 E CONGRESS ST, #600TUCSON, AZ 85701CONTACT: DANIEL BRADSHAWTEL: 520-623-6146REFERENCE NUMBERS:PRV1803-003LPR1805-001NPP1806-004PCZ1612-001PCM1704-001Marana Regular Council Meeting 09/04/2018Page 61 of 286 GENERAL NOTESLAZY K BAR RANCHTHEPL GCEANNNIN ERTadiviiIsooonfnTPCGrup,c.e sc rcon eg te tu os naz 857012600ssPROJECT: DATE:PUL-31 08/20/18FILE NAME:PUL31-LO NDP-D.DWGNEIGHBORHOOD DESIGN PLAN - GENERAL NOTES1. STREET TREES:STREET TREES ARE REQUIRED TO SATISFY THE RESIDENTIAL DESIGN STANDARDS. ONE (1) STREET TREE ISREQUIRED WITHIN THE FIRST 10' OF THE FRONT OF LOTS ON BOTH SIDES OF RESIDENTIAL STREETS.MINIMUM TREE SIZE SHALL BE 15 GALLONS.2. EXISTING LAZY K BAR SIGNAGE & MEMORABILIA:THE PROPOSED DEVELOPMENT WILL MAINTAIN OR REPURPOSE SOME OF THE EXISTING LAZY K BARSIGNAGE AND MEMORABILIA ON SITE. EXAMPLE: THE HISTORIC 'TRAILHEAD' SIGN ADJACENT TO THEEXISTING TRAIL SOUTH OF THE RANCH HOUSE BUILDING.3. PUBLIC TRAIL:THE PUBLIC TRAIL WILL BE CONSTRUCTED BY THE TOWN OF MARANA WITHIN THE PUBLIC TRAILEASEMENT TO BE DEDICATED TO THE TOWN BY THE FINAL PLAT.Marana Regular Council Meeting 09/04/2018Page 62 of 286 X X X X XXX X X X XXXXXXXXXXXOVERALLLAZY K BAR RANCHTHEPL GCEANNNIN ERTadiviiIsooonfnTPCGrup,c.e sc rcon eg te tu os naz 857012600ssNORTHPROJECT: DATE:PUL-31 08/20/18FILE NAME:PUL31-LO NDP-D.DWG0' 150'SCALE: 1"-300'-0"300'TRAIL PARKINGPIMA FARMS ROADSCENIC DRIVE GATED ENTRYPARKTRAILCLUSTERMAILBOXCLUSTERMAILBOXCLUSTERMAILBOXCLUSTERMAILBOXCLUSTERMAILBOXSTREETSECTIONSTREETSECTION22'1 1'150'NATURALLANDSCAPEBUFFERMarana Regular Council Meeting 09/04/2018Page 63 of 286 X X X X XXX X X X XXXXXXXXXXXTRAILSLAZY K BAR RANCHTHEPL GCEANNNIN ERTadiviiIsooonfnTPCGrup,c.e sc rcon eg te tu os naz 857012600ssNORTHPROJECT: DATE:PUL-31 08/20/18FILE NAME:PUL31-LO NDP-D.DWG0' 150'SCALE: 1"-300'-0"300'PIMA FARMS ROADSCENIC DRIVE TRAIL PARKING4' RAKED EARTH TRAIL4' RAKED EARTH TRAILPUBLIC TRAIL NOTE:THE PUBLIC TRAIL WILL BE CONSTRUCTED BY THETOWN OF MARANA WITHIN THE PUBLIC TRAILEASEMENT TO BE DEDICATED TO THE TOWN BYTHE FINAL PLAT.Marana Regular Council Meeting 09/04/2018Page 64 of 286 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXPARKLAZY K BAR RANCHTHEPL GCEANNNIN ERTadiviiIsooonfnTPCGrup,c.e sc rcon eg te tu os naz 857012600ssNORTHPROJECT: DATE:PUL-31 08/20/18FILE NAME:PUL31-LO NDP-D.DWG0'30'SCALE: 1"-60'-0"60'EXISTING EVENT LAWNTO REMAINEXISTING RAKED EARTH PATHTO REMAINEXISTING FLAGSTONE PATIOTO REMAINEXISTING PATIOTO REMAINSWINGSETSEATWALLSEATINGAREASEATINGAREAPLAYGROUNDW/ SHADE STRUCTUREARTIFICIALTURFBENCHESEXISTING RANCH HOUSEPORTIONS TO REMAINRAMADAARTIFICIAL TURFPARKINGPARK SIGNWATER FEATURECONCRETE PAVEMENTDRY CREEKTRAILPOST AND CABLE BARRIERMarana Regular Council Meeting 09/04/2018Page 65 of 286 ENTRYLAZY K BAR RANCHTHEPL GCEANNNIN ERTadiviiIsooonfnTPCGrup,c.e sc rcon eg te tu os naz 857012600ssNORTHPROJECT: DATE:PUL-31 08/20/18FILE NAME:PUL31-LO NDP-D.DWG0'30'SCALE: 1"-60'-0"60'THEME COLUMNPEDESTRIAN GATEVEHICULAR GATEDECORATIVE CONCRETE PAVEMENTDECORATIVE FENCEDECORATIVE FENCESIDEWALK24" CONCRETE HEADERLOW STONE WALLSIGN WALLDECORATIVE ARCHDECORATIVE FENCEPIMA FARMS ROADSTREET "A"STREET "B" SCENIC DRIVETHEME WALLTRAILMarana Regular Council Meeting 09/04/2018Page 66 of 286 HEMIRESIDENTIAL ROADWAY AND STREET TREESLAZY K BAR RANCHTHEPL GCEANNNIN ERTadiviiIsooonfnTPCGrup,c.e sc rcon eg te tu os naz 857012600ssNORTHPROJECT: DATE:PUL-31 08/20/18FILE NAME:PUL31-LO NDP-D.DWG0'30'SCALE: 1"-60'-0"60'1Residential Street (TYP)SECTION 1-1'Not to ScaleRESIDENTIAL LOTRESIDENCERESIDENTIAL STREETRIGHT-OF-WAY 46'RESIDENTIAL LOTRESIDENCE10' PUBLIC UTILITY EASEMENT (PUE)2Residential Street and Street Trees(TYP)PLAN VIEW1"=100'10' PUBLIC UTILITY EASEMENT (PUE)STREET TREE (REQUIRED TO MEETRESIDENTIAL DESIGN STANDARDS)STREET TREE, TYP.(REQUIRED TO MEET RESIDENTIAL DESIGN STANDARDS)ONE (1) STREET TREE IS REQUIRED IN FRONT OF EACHLOT ON BOTH SIDES OF RESIDENTIAL STREETS.10' PUE46' ROW10' PUENOTE:FRONT YARD LANDSCAPING AND TREES ARE NOT SHOWN.SIDEWALKSTREET TREE (REQUIRED TO MEETRESIDENTIAL DESIGN STANDARDS)Marana Regular Council Meeting 09/04/2018Page 67 of 286 STREET SECTIONSLAZY K BAR RANCHTHEPL GCEANNNIN ERTadiviiIsooonfnTPCGrup,c.e sc rcon eg te tu os naz 857012600ssNORTHPROJECT: DATE:PUL-31 08/20/18FILE NAME:PUL31-LO NDP-D.DWG0'30'SCALE: 1"-60'-0"60'1Divided StreetSECTION 2-2'Not to ScaleRESIDENTIAL LOTRESIDENCEDIVIDED STREETRIGHT-OF-WAY 62.5'RESIDENTIAL LOTRESIDENCETHEME WALL5' HIGHTHEME WALL5' HIGHCOMMONAREA 15' +/-COMMONAREA 10' +/-STREET TREE: AVERAGE OFONE TREE EVERY 50' O.C.STREET TREE: AVERAGE OFONE TREE EVERY 50' O.C.STREET TREE, TYP.NOTE:ONLY STREET TREES SHOWN IN THIS VIEW.UNDERSTORY PLANTS AND COMMON AREA TREES ARENOT SHOWN.SIDEWALKSIDEWALKSTREET TREE, TYP.62'-6" ROWMarana Regular Council Meeting 09/04/2018Page 68 of 286 WALLSLAZY K BAR RANCHTHEPL GCEANNNIN ERTadiviiIsooonfnTPCGrup,c.e sc rcon eg te tu os naz 857012600ssPROJECT: DATE:PUL-31 08/20/18FILE NAME:PUL31-LO NDP-D.DWGMarana Regular Council Meeting 09/04/2018Page 69 of 286 L A Z Y K B A R R A N C HENTRY ELEVATIONLAZY K BAR RANCHTHEPL GCEANNNIN ERTadiviiIsooonfnTPCGrup,c.e sc rcon eg te tu os naz 857012600ssPROJECT: DATE:PUL-31 08/20/18FILE NAME:PUL31-LO NDP-D.DWG1Entry (View from Scenic Drive)ELEVATION1"=10'PEDESTRIAN GATETHEME WALLDECORATIVE FENCEVEHICULAR GATEDECORATIVE ARCHVEHICULAR GATEENTRY SIGN ON LOW STONE WALLLOW STONE WALLMarana Regular Council Meeting 09/04/2018Page 70 of 286 SIGN WALL, DECORATIVE ARCH, THEME COLUMNLAZY K BAR RANCHTHEPL GCEANNNIN ERTadiviiIsooonfnTPCGrup,c.e sc rcon eg te tu os naz 857012600ssPROJECT: DATE:PUL-31 08/20/18FILE NAME:PUL31-LO NDP-D.DWGMarana Regular Council Meeting 09/04/2018Page 71 of 286 ENTRY GATESLAZY K BAR RANCHTHEPL GCEANNNIN ERTadiviiIsooonfnTPCGrup,c.e sc rcon eg te tu os naz 857012600ssPROJECT: DATE:PUL-31 08/20/18FILE NAME:PUL31-LO NDP-D.DWGMarana Regular Council Meeting 09/04/2018Page 72 of 286 Legend 1:16,000 PRV1803-003 Lazy K Bar Ranch Enter Map Notes Notes0.50.25 THIS MAP IS NOT TO BE USED FOR NAVIGATION© Latitude Geographics Group Ltd. 0.5 0 Miles WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Town of Marana Planning Marana Addresses Marana Town Limits Major Streets Parcels (Black) PRV1803-003 Lazy K Bar Ranch Twin Pe a k s R o a d Twin P e a ks R o a d Sil v e r b e l l R o a d Scenic DrivePima Farms Road Continental Reserve LoopMarana Regular Council Meeting 09/04/2018 Page 73 of 286 1 | Page MARANA PLANNING COMMISSION REGULAR COMMISION MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, July 25 2018, at or after 6:30 P.M. Thomas Schnee, Chairman Don Duncan, Vice Chair Terry Fehrmann, Commissioner Ronald Hill, Commissioner Richard Miller, Commissioner Bryan Schachter, Commissioner Sharon Tyson, Commissioner REGULAR PLANNING COMMISSION MEETING CALL TO ORDER. Chairman Schnee called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE. Led by Chairman Schnee. ROLL CALL. Commission Secretary Byler called roll. Commissioner Fehrmann was absent. There was a quorum present. CALL TO THE PUBLIC. Regarding Lazy K Bar Ranch - Pat Lopez requested the hiking trail be adjusted with the original alignment. Dan Massey stated his well shares the same aquifer as the well on the Lazy K property. He asked if Marana had any plans for the well in the future. Frank Cassidy noted the town has no plans to use it, that he knows of. Mr. Massey also asked if speed humps were planned along Scenic Drive. Brian Varney noted that elongated traffic circles were planned in two locations on Scenic Drive, with an option for a 3rd to be added, if deemed necessary. Finally, Mr. Massey had a question regarding the water line extension off the development at the north end of the property. Frank Cassidy indicated the water line extension was addressed during the rezoning and development agreement process. The water line extension goes 200’ north of the north boundary of Lazy K. Barbara Rose had concerns with the detention/retention in the Natural Undisturbed Open Space (NUOS) area. APPROVAL OF AGENDA. Motion to approve by Commissioner Tyson, seconded by Commissioner Miller. Passed unanimously. ANNOUNCEMENTS. Chairman Schnee mentioned that the next Planning Commission meeting is scheduled for August 22nd. Marana Regular Council Meeting 09/04/2018 Page 74 of 286 2 | Page GENERAL ORDER OF BUSINESS. Approve Regular Planning Commission Meeting Minutes from June 27, 2018. Motion to approve by Commissioner Miller, seconded by Vice Chair Duncan. Passed unanimously. PUBLIC HEARINGS. COMMISSION ACTION. 1. PRV1803-003 Preliminary Plat for Lazy K Bar Ranch. A request for a recommendation to the Marana Town Council for approval of the Preliminary Plat for Lazy K Bar Ranch, Lots 1 through 178 and Common Areas "A", "B", and "C" (Brian D. Varney) Brian Varney noted the proposed plat is comprised of 138 acres. It includes 178 lots and three common areas. Access [primary and secondary] will be off of Scenic Drive. There will be 1.62 miles of new private streets in a gated subdivision. Scenic Drive will be reconstructed in accordance with the Lazy K Bar Ranch Development Agreement from Pima Farms Road to 400’ south of Silverbell Road. Pima Farms Road will be reconstructed from Scenic Drive to approximately Moonfire Drive. A design exception has been approved to allow Lots 133-178 to be served by a single-point access. Homes on these lots will be sprinklered. The development will consist of two phases - Phase 1 [Lots 1-86] and Phase II [Lots 87-178.] All lots will be limited to single-story and all residential development will follow the Residential Design Standards. A neighborhood recreation area of 3.04 acres is planned. It will encompass the historic structures that were preserved. Vice Chair Duncan asked if the historical buildings would be open to the public. Mr. Varney stated they will be accessible to the residents and their guests, but not open to the general public. Chairman Schnee added, if the area is accessible to the general public it might create a liability issue for the HOA. Mr. Varney stated that the pedestrian trail will be open to the general public. He also noted that the current trail plan varies slightly from the alignment that was originally approved in the rezoning. That information has been brought to staff’s attention by Mr. Lopez and staff has agreed to reestablish the alignment. Between now and the time the Town Council sees the plat, the trail will be realigned to its original location. Commissioner Hill asked if the trail that ties into the cul-de-sac will be open to the public. Mr. Varney yes, the trail will be open to the general public. Motion to approve, with added condition that the public trail alignment be adjusted in accordance with the original specific plan alignment, by Vice Chair Duncan, seconded by Commissioner Schachter. Passed unanimously. 2. PRV1707-001 Preliminary Plat for Linda Vista Village at Cascada. A request for a recommendation to the Marana Town Council for approval of the Preliminary Plat for Linda Vista Village at Cascada, Village I (Lots 1-39), Village II (Lots 1-93), Village III (Lots 1-131), Blocks I-VII, Common Areas "A", "B", "C", "D", "E", "F", "G" and "H". (Brian D. Varney) Brian Varney noted the project is comprised of 197 acres and is located east of the Marana Center, south of Linda Vista Blvd. The plat proposes three “Villages”, which will include a total of 263 lots: Village I - lots 1-39 [proposed to be developed as Medium Density Residential] Village II – lots 1-93 [proposed to be developed as MDR and Medium-High Density Residential] Village III – lots 1-131 [proposed to be developed as MDR and Medium-High Density Residential] There are also seven blocks within the development that will be subdivided at a future date. Eight distinct common areas are also proposed for the project. Marana Regular Council Meeting 09/04/2018 Page 75 of 286 3 | Page The property - currently zoned ‘F’ Specific Plan – is comprised of two separate specific plans; the Cascada Specific Plan and the Linda Vista Village at Cascada Specific Plan. Access will be provided off of both Linda Vista Boulevard and Twin Peaks Road. Approximately 3.07 miles of new public streets are proposed. The spine road, Camino Benicardo, will be constructed as a divided roadway. A signal will be placed at Linda Vista Boulevard. The minimum lot size allowed is 3,500 sq. ft. The minimum proposed lot size within the plat is 5,168 sq. ft. Construction will be limited to a maximum height of 28 feet. There are plans for a 1.48 acre recreation area, which will include paved parking, restroom facilities, drinking fountain, two shaded play structures, large turf area and a 0.96 acre enclosed dog park. A network of pedestrian paths will be established throughout the development. Chairman Schnee liked the layout of the project and the roadway design. He was impressed with the bank protection plans. He had no concerns with the project. Motion to approve by Commissioner Tyson, seconded by Commissioner Miller. Passed unanimously. INFORMATIONAL ITEMS/POSSIBLE ACTION ITEMS. 1. Discussion of the proposed revisions to Title 22 (Off-Street Parking and Loading) of the Marana Land Development Code and proposed replacement by Chapter 17-9 (Parking) of the Marana Town Code (Steve Cheslak) Steve Cheslak indicated that town staff is currently in the process of updating the Land Development Code. At this meeting staff will be discussing the Parking Code as a study session item. The item will then go to Town Council on August 14th as a study session item. In the fall of 2018 the Parking Code will go out for public feedback and in early 2019 this item, as part of the entire Land Development Code adoption, will come before Planning Commission and Town Council as public hearings. Mr. Cheslak noted staff removed some development engineering related items and planning related items. As part of the new code, staff included additions for low impact design: Compact car allowance • 9’ x 15’ space • Up to 30% of parking spaces Greater than 100 parking spaces • Parking lot division required Greater than 400 parking spaces • Must incorporate water harvesting techniques Bicycle parking/criteria for location and design The current code was last revised in 1997. Since then a lot has changed, the retail world is transforming. More online shopping is taking place. Going forward in the new Code, staff wants the applicant to tell us what they need. In the proposed parking code revisions staff has set up criteria where the applicant would have to provide us with an analysis of the demand and what is going on in the area and then provide the source they used. They would propose the number of spaces, the location of the spaces, the existing parking in the area…etc. The process: submit to the planning director, who would primarily be looking for adverse impacts to the neighborhood. The planning director would either approve or reject the plan. If rejected, the plan could either be revised or be taken to the Board of Adjustment. Marana Regular Council Meeting 09/04/2018 Page 76 of 286 4 | Page Chairman Schnee felt the document was clean and flexible. Commissioner Schachter supported of this type of approach. Relating to safety concerns, Commissioner Miller asked if there were any requirements for parking lot lighting. Mr. Cheslak mentioned there is an outdoor lighting code but there was no parking lot lighting requirements. Keith Brann stated the Town doesn’t have a code that requires a parking lot be lit, but when lighting is installed in a parking lot the Town’s outdoor lighting code does require shielding of that lighting. ELECTION OF BOARD CHAIRPERSON AND VICE-CHAIRPERSON Motion moved by Vice Chair Duncan to nominate Tom Schnee as Chair of the Planning Commission, seconded by Commissioner Tyson. Passed unanimously 5-0. Motion moved by Commissioner Tyson to nominate Don Duncan as Vice Chair of the Planning Commission, seconded by Commissioner Miller. Passed unanimously 5-0. FUTURE AGENDA ITEMS. ADJOURNMENT. Motion to adjourn at 7:20 p.m. by Chairman Schnee, seconded by Commissioner Miller. Passed unanimously. CERTIFICATION. I hereby certify that the foregoing are the true and correct minutes of the Marana Planning Commission meeting held on July 25, 2018. I further certify that a quorum was present. Terri Byler, Commission Secretary Marana Regular Council Meeting 09/04/2018 Page 77 of 286 Marana Regular Council Meeting 09/04/2018 Page 78 of 286      Council-Regular Meeting   C5        Meeting Date:09/04/2018   To:Mayor and Council From:Brian Varney, Senior Planner Date:September 4, 2018 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2018-079:Relating to Development; approving a preliminary plat for Linda Vista Village at Cascada, Village I (Lots 1-39), Village II (Lots 1-93), Village III (Lots 1-131), Blocks I-VII, Common Areas "A", "B", "C", "D", "E", "F", "G", and "H" generally located southeast of Twin Peaks Road and north and south of Linda Vista Boulevard (Brian D. Varney) Discussion: Request Presidio Engineering, representing Red Point Development, is requesting approval of the preliminary plat for Linda Vista Village at Cascada. The proposed plat includes 263 residential lots, seven blocks, and Common Areas 'A', 'B', 'C', 'D', 'E', 'F', 'G', and 'H'. Location The proposed plat consists of 197 acres generally located southeast of Twin Peaks Road, north and south of Linda Vista Boulevard, east of the Marana Center development. Zoning The Town Council adopted Marana Ordinance No. 2006.23 on December 5, 2006 approving the Cascada Specific Plan. The Town Council subsequently adopted Marana Ordinance 2016.001 on January 19, 2016 approving the Linda Vista Village at Cascada Specific Plan. The Cascada Specific Plan established the zoning for 42 acres (Blocks I and II) of the proposed 197-acre subdivision, and the Linda Vista Village at Cascada Specific Plan established the zoning for the remaining 155 acres.           Land Use The zoning allows for a maximum of 693 lots within the subdivision. This preliminary plat proposes Villages I, II, and III, including a total of 263 lots, seven blocks and eightMarana Regular Council Meeting 09/04/2018 Page 79 of 286 plat proposes Villages I, II, and III, including a total of 263 lots, seven blocks and eight distinct common area designations (A through H).  Village I is proposed to be developed as Medium Density Residential (MDR), and Villages II and III are proposed to be developed as MDR and Medium-High Density Residential (MHDR). The Villages may be developed with single-family detached and attached house products. The minimum lot size allowed per the zoning is 3,500 square feet. The minimum lot size proposed within this plat is 5,168 square feet. The maximum lot size proposed is 10,097 square feet and the average lot size is 6,367 square feet. A maximum building height of 28 feet is proposed within the Villages. All development within the plat will comply with the Town's Residential Design Standards except as indicated within the Linda Vista Village at Cascada Specific Plan.     The area contained within Blocks I-VII consists of 61.3 acres subject to future development. Blocks I and II are regulated by the Cascada Specific Plan and are designated Employment Center (EC) land use. Blocks III and IV are designated as EC / MDR / MHDR / HDR (High-Density Residential) land uses. Blocks V and VI will allow for EC land uses. Block VII will allow EC / MHDR / HDR land uses.        The Common Areas within the plat area are designated as follows:  Common Area 'A' - Natural Undisturbed Open Space  [45.75 acres] Common Area 'B' - Open Space / Passive Recreation  [1.87 acres] Common Area 'C' - Open Space / Active Recreation  [1.48 acres] Common Area 'D' - Open Space / Drainage / Passive Recreation Area  [16.93 acres] Common Area 'E' - Open Space / Drainage  [2.42 acres] Common Area 'F' - Open Space / Drainage / Public Utilities / Passive Recreation  Area  [3.68 acres] Common Area 'G' - Open Space / Public Utilities / Maintenance, Signage, Landscaping, Sidewalk, and Access  [2.74 acres] Common Area 'H' - Open Space / Drainage / Public Utilities / Slopes  [1.21 acres]       Access and Traffic Circulation Access is proposed from Linda Vista Boulevard. Approximately 3.07 miles of new public streets are proposed. The spine road (north/south), Camino Benicardo, will be constructed as a divided roadway and will be signalized at its intersection with Linda Vista Boulevard. Right-turn lanes will be constructed on Linda Vista Boulevard into the development. All necessary additional right-of-way will be dedicated to the Town by the final plat. The Specific Plan includes a Street Tree Program utilizing theme or 'signature' trees along the arterial and collector roadways, as well as tree-lined commercial and neighborhood streets.       Recreation The development's recreation component includes a 1.48 acre recreation area, a 0.96 acre dog park, and an extensive network of six-foot wide, decomposed granite surfaced, pedestrian paths traversing the development. Four-foot wide, natural earth, community hiking trails will also be provided through select open space areas. The recreation area will consist of amenities such as paved parking, restroom facilities and drinking Marana Regular Council Meeting 09/04/2018 Page 80 of 286 fountain, two shaded children's play unit structures, half basketball court (lighted), a large turf area, and bench seating.          Utilities The subdivision will be served by Marana Water. The property owners will be responsible for constructing all on-site and off-site water infrastructure needed to serve potable water and fire protection to the project. Sewer service will be provided by Pima County, and Tucson Electric Power and Southwest Gas will provide their respective services. The development falls within the Northwest Fire District.    Planning Commission The preliminary plat was considered by the Planning Commission at its July 25, 2018 meeting. The Commission voted unanimously to recommend to the Town Council approval of the preliminary plat. The minutes from the Planning Commission meeting are attached to this report. Staff Recommendation: Staff has reviewed the proposed preliminary plat against the requirements of the Cascada Specific Plan as well as the Linda Vista Village at Cascada Specific Plan, the Marana Town Code, and the Marana General Plan. The preliminary plat is in substantial conformance with all required development regulations, and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2018-079 approving a preliminary plat for Linda Vista Village at Cascada, Village I (Lots 1-39), Village II (Lots 1-93), Village III (Lots 1-131), Blocks I-VII, Common Areas "A", "B", "C", "D", "E", "F", "G" and "H". Attachments Resolution No. 2018-079 PRV1707-001 LVVC PP Shts 1-25 PRV1707-001 LVVC PP Shts 26-50 PRV1707-001 LVVC PP Shts 51-75 PRV1707-001 LVVC PP Map PRV1707-001 LVVC PP Commission minutes PRV1707-001 LVVC PP App Marana Regular Council Meeting 09/04/2018 Page 81 of 286 Marana Resolution No. 2018-079 - 1 - 8 /2 1 /2018 3 :30 P M BDV MARANA RESOLUTION NO . 201 8 -079 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR LINDA VISTA VILLAGE AT CASCADA, VILLAGE I (LOTS 1-39), VILLAGE II (LOTS 1-93), VILLAGE III (LOTS 1-131), BLOCKS I-VII, COMMON AREAS “A”, “B”, “C”, “D”, “E”, “F”, “G”, AND “H” GENERALLY LOCATED SOUTHEAST OF TWIN PEAKS ROAD AND NORTH AND SOUTH OF LINDA VISTA BOULEVARD WHEREAS the Mayor and Town Council adopted Ordinance No. 2006.23 on December 5, 2006, approving a rezoning of approximately 1,454 acres to create the Cascada Specific Plan; and WHEREAS the Mayor and Town Council adopted Resolution No. 2009 -001 on January 6, 2009, approving the Final Plat for Cascada, Village I (Lots 1 -430), Blocks I-XVIII, “A”, “B”, “C”, “D” and Common Areas “A”, “B”, “C”, “D”, “E”, “F”, “G”, “H”, and “I”; and WHEREAS the Mayor and Town Council adopted Ordinance 2016.001 on January 19, 2016, approving a rezoning of 155 acres to create the Linda Vista Village at Cascada Specific Plan; and WHEREAS, Presidio Engineering, on behalf of Red Point Development, has applied for approval of a preliminary plat for a subdivision consisting of 263 residential lots , seven blocks, and Common Areas “A” through “H” within 197 acres of land, a portion of which is a re- subdivision of a portion of the Final Plat for Cascada and within the Cascada Specific Plan, and the remainder of which is unsubdivided within the Linda Vista Village at Cascada Specific Plan; and WHEREAS, the Marana Town Council, at the regularly scheduled meeting on September 4, 2018, determined that the preliminary plat for Linda Vista Village at Cascada should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the preliminary plat for Linda Vista Village at Cascada, Village I (Lots 1-39), Village II (Lots 1-93), Village III (Lots 1-131), Blocks I-VII, Common Areas “A”, “B”, “C”, “D”, “E”, “F”, “G”, and “H” is hereby approved. Marana Regular Council Meeting 09/04/2018 Page 82 of 286 Marana Resolution No. 2018-079 - 2 - 8 /2 1 /2018 3 :30 P M BDV PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of September 2018. Mayor Ed Honea ATTEST: Jocelyn C. 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Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Town of Marana Planning Marana Addresses Marana Town Limits Major Streets Parcels (Black) PRV1707-001 Linda Vista Village at CascadaTwin Peaks Road Marana Center Linda Vista Boulevard I n t e r s t a t e 1 0 Marana Regular Council Meeting 09/04/2018 Page 159 of 286 1 | Page MARANA PLANNING COMMISSION REGULAR COMMISION MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, July 25 2018, at or after 6:30 P.M. Thomas Schnee, Chairman Don Duncan, Vice Chair Terry Fehrmann, Commissioner Ronald Hill, Commissioner Richard Miller, Commissioner Bryan Schachter, Commissioner Sharon Tyson, Commissioner REGULAR PLANNING COMMISSION MEETING CALL TO ORDER. Chairman Schnee called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE. Led by Chairman Schnee. ROLL CALL. Commission Secretary Byler called roll. Commissioner Fehrmann was absent. There was a quorum present. CALL TO THE PUBLIC. Regarding Lazy K Bar Ranch - Pat Lopez requested the hiking trail be adjusted with the original alignment. Dan Massey stated his well shares the same aquifer as the well on the Lazy K property. He asked if Marana had any plans for the well in the future. Frank Cassidy noted the town has no plans to use it, that he knows of. Mr. Massey also asked if speed humps were planned along Scenic Drive. Brian Varney noted that elongated traffic circles were planned in two locations on Scenic Drive, with an option for a 3rd to be added, if deemed necessary. Finally, Mr. Massey had a question regarding the water line extension off the development at the north end of the property. Frank Cassidy indicated the water line extension was addressed during the rezoning and development agreement process. The water line extension goes 200’ north of the north boundary of Lazy K. Barbara Rose had concerns with the detention/retention in the Natural Undisturbed Open Space (NUOS) area. APPROVAL OF AGENDA. Motion to approve by Commissioner Tyson, seconded by Commissioner Miller. Passed unanimously. ANNOUNCEMENTS. Chairman Schnee mentioned that the next Planning Commission meeting is scheduled for August 22nd. Marana Regular Council Meeting 09/04/2018 Page 160 of 286 2 | Page GENERAL ORDER OF BUSINESS. Approve Regular Planning Commission Meeting Minutes from June 27, 2018. Motion to approve by Commissioner Miller, seconded by Vice Chair Duncan. Passed unanimously. PUBLIC HEARINGS. COMMISSION ACTION. 1. PRV1803-003 Preliminary Plat for Lazy K Bar Ranch. A request for a recommendation to the Marana Town Council for approval of the Preliminary Plat for Lazy K Bar Ranch, Lots 1 through 178 and Common Areas "A", "B", and "C" (Brian D. Varney) Brian Varney noted the proposed plat is comprised of 138 acres. It includes 178 lots and three common areas. Access [primary and secondary] will be off of Scenic Drive. There will be 1.62 miles of new private streets in a gated subdivision. Scenic Drive will be reconstructed in accordance with the Lazy K Bar Ranch Development Agreement from Pima Farms Road to 400’ south of Silverbell Road. Pima Farms Road will be reconstructed from Scenic Drive to approximately Moonfire Drive. A design exception has been approved to allow Lots 133-178 to be served by a single-point access. Homes on these lots will be sprinklered. The development will consist of two phases - Phase 1 [Lots 1-86] and Phase II [Lots 87-178.] All lots will be limited to single-story and all residential development will follow the Residential Design Standards. A neighborhood recreation area of 3.04 acres is planned. It will encompass the historic structures that were preserved. Vice Chair Duncan asked if the historical buildings would be open to the public. Mr. Varney stated they will be accessible to the residents and their guests, but not open to the general public. Chairman Schnee added, if the area is accessible to the general public it might create a liability issue for the HOA. Mr. Varney stated that the pedestrian trail will be open to the general public. He also noted that the current trail plan varies slightly from the alignment that was originally approved in the rezoning. That information has been brought to staff’s attention by Mr. Lopez and staff has agreed to reestablish the alignment. Between now and the time the Town Council sees the plat, the trail will be realigned to its original location. Commissioner Hill asked if the trail that ties into the cul-de-sac will be open to the public. Mr. Varney yes, the trail will be open to the general public. Motion to approve, with added condition that the public trail alignment be adjusted in accordance with the original specific plan alignment, by Vice Chair Duncan, seconded by Commissioner Schachter. Passed unanimously. 2. PRV1707-001 Preliminary Plat for Linda Vista Village at Cascada. A request for a recommendation to the Marana Town Council for approval of the Preliminary Plat for Linda Vista Village at Cascada, Village I (Lots 1-39), Village II (Lots 1-93), Village III (Lots 1-131), Blocks I-VII, Common Areas "A", "B", "C", "D", "E", "F", "G" and "H". (Brian D. Varney) Brian Varney noted the project is comprised of 197 acres and is located east of the Marana Center, south of Linda Vista Blvd. The plat proposes three “Villages”, which will include a total of 263 lots: Village I - lots 1-39 [proposed to be developed as Medium Density Residential] Village II – lots 1-93 [proposed to be developed as MDR and Medium-High Density Residential] Village III – lots 1-131 [proposed to be developed as MDR and Medium-High Density Residential] There are also seven blocks within the development that will be subdivided at a future date. Eight distinct common areas are also proposed for the project. Marana Regular Council Meeting 09/04/2018 Page 161 of 286 3 | Page The property - currently zoned ‘F’ Specific Plan – is comprised of two separate specific plans; the Cascada Specific Plan and the Linda Vista Village at Cascada Specific Plan. Access will be provided off of both Linda Vista Boulevard and Twin Peaks Road. Approximately 3.07 miles of new public streets are proposed. The spine road, Camino Benicardo, will be constructed as a divided roadway. A signal will be placed at Linda Vista Boulevard. The minimum lot size allowed is 3,500 sq. ft. The minimum proposed lot size within the plat is 5,168 sq. ft. Construction will be limited to a maximum height of 28 feet. There are plans for a 1.48 acre recreation area, which will include paved parking, restroom facilities, drinking fountain, two shaded play structures, large turf area and a 0.96 acre enclosed dog park. A network of pedestrian paths will be established throughout the development. Chairman Schnee liked the layout of the project and the roadway design. He was impressed with the bank protection plans. He had no concerns with the project. Motion to approve by Commissioner Tyson, seconded by Commissioner Miller. Passed unanimously. INFORMATIONAL ITEMS/POSSIBLE ACTION ITEMS. 1. Discussion of the proposed revisions to Title 22 (Off-Street Parking and Loading) of the Marana Land Development Code and proposed replacement by Chapter 17-9 (Parking) of the Marana Town Code (Steve Cheslak) Steve Cheslak indicated that town staff is currently in the process of updating the Land Development Code. At this meeting staff will be discussing the Parking Code as a study session item. The item will then go to Town Council on August 14th as a study session item. In the fall of 2018 the Parking Code will go out for public feedback and in early 2019 this item, as part of the entire Land Development Code adoption, will come before Planning Commission and Town Council as public hearings. Mr. Cheslak noted staff removed some development engineering related items and planning related items. As part of the new code, staff included additions for low impact design: Compact car allowance • 9’ x 15’ space • Up to 30% of parking spaces Greater than 100 parking spaces • Parking lot division required Greater than 400 parking spaces • Must incorporate water harvesting techniques Bicycle parking/criteria for location and design The current code was last revised in 1997. Since then a lot has changed, the retail world is transforming. More online shopping is taking place. Going forward in the new Code, staff wants the applicant to tell us what they need. In the proposed parking code revisions staff has set up criteria where the applicant would have to provide us with an analysis of the demand and what is going on in the area and then provide the source they used. They would propose the number of spaces, the location of the spaces, the existing parking in the area…etc. The process: submit to the planning director, who would primarily be looking for adverse impacts to the neighborhood. The planning director would either approve or reject the plan. If rejected, the plan could either be revised or be taken to the Board of Adjustment. Marana Regular Council Meeting 09/04/2018 Page 162 of 286 4 | Page Chairman Schnee felt the document was clean and flexible. Commissioner Schachter supported of this type of approach. Relating to safety concerns, Commissioner Miller asked if there were any requirements for parking lot lighting. Mr. Cheslak mentioned there is an outdoor lighting code but there was no parking lot lighting requirements. Keith Brann stated the Town doesn’t have a code that requires a parking lot be lit, but when lighting is installed in a parking lot the Town’s outdoor lighting code does require shielding of that lighting. ELECTION OF BOARD CHAIRPERSON AND VICE-CHAIRPERSON Motion moved by Vice Chair Duncan to nominate Tom Schnee as Chair of the Planning Commission, seconded by Commissioner Tyson. Passed unanimously 5-0. Motion moved by Commissioner Tyson to nominate Don Duncan as Vice Chair of the Planning Commission, seconded by Commissioner Miller. Passed unanimously 5-0. FUTURE AGENDA ITEMS. ADJOURNMENT. Motion to adjourn at 7:20 p.m. by Chairman Schnee, seconded by Commissioner Miller. Passed unanimously. CERTIFICATION. I hereby certify that the foregoing are the true and correct minutes of the Marana Planning Commission meeting held on July 25, 2018. I further certify that a quorum was present. Terri Byler, Commission Secretary Marana Regular Council Meeting 09/04/2018 Page 163 of 286 Marana Regular Council Meeting 09/04/2018 Page 164 of 286    Council-Regular Meeting   C6        Meeting Date:09/04/2018   To:Mayor and Council Submitted For:Jim Conroy, Parks & Recreation Director From:Corey Larriva, Superintendent Date:September 4, 2018 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Principal Statement 2: We will approach citizen engagement in unique and creative ways.  Initiative 1: Provide exceptional community events and create opportunities for citizen engagement.  Subject:Resolution No. 2018-080: 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 2019 Marana Bluegrass & Acoustic Music Festival (Jim Conroy) Discussion: For the past six years, Desert Bluegrass Association has assisted in coordination of the Marana Bluegrass Festival in North Marana with support from the Town. For five years the festival was hosted at Ora Mae Harn District Park. Last year the festival expanded and relocated to Gladden Farms Community Park and Marana Heritage River Park. The 2019 Festival will continue in the new venue and feature both bluegrass and other acoustic artists from the local and regional area. The Desert Bluegrass Association is an all-volunteer organization whose purpose is to support musical artists through information sharing, free community workshops, concert series and an annual festival. If approved, this item will approve an agreement that provides for DBA to take the lead in planning, coordinating, promoting and presenting the 2019 Bluegrass & Acoustic Music Festival on March 15-17, 2019. In exchange for the Town's support, the Desert Bluegrass Association will offer weekly musical workshops for the Marana residents at no cost at the Marana Community Marana Regular Council Meeting 09/04/2018 Page 165 of 286 Center between the months of September 2018 to May 2019. These workshops are advertised on the Parks and Recreation webpage with all seasonal recreation program offerings. Financial Impact: Fiscal Year:2019 Budgeted Y/N:Y Amount:$1,000 In addition to the cash contribution, the Town will provide in-kind assistant valued at approximately $7,200. See Exhibit C to the Agreement, listing Town In-Kind Support and Assistance. Staff Recommendation: Staff recommends approval of the agreement between the Town of Marana and Desert Bluegrass Association to host the 2019 annual Marana Bluegrass & Acoustic Music Festival and year-round free musical workshops at the Marana Community Center. Suggested Motion: I move to adopt Resolution No. 2018-080 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 2019 Marana Bluegrass & Acoustic Music Festival. Attachments Resolution No. 2018-080 Exhibit A to Resolution Agreement Exhibit A to Agreement - Scope of Work Exhibit B to Agreement - Form of Release/Indemnification Agreement Exhibit C to Agreement - Cost Spreadsheet Marana Regular Council Meeting 09/04/2018 Page 166 of 286 00059182.DOC /1 Marana Resolution No. 2018-080 - 1 - MARANA RESOLUTION NO. 2018-080 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT B ETWEEN THE TOWN OF MARANA AND DESERT BLUEGRASS ASSOCIATION REGARDING THE PLANNING, DEVELOPMENT AND PRESENTATION OF THE 2019 MARANA BLUEGRASS & ACOUSTIC MUSIC FESTIVAL WHEREAS the Town of Marana is dedicated to providing exceptional community events that create opportunities for citizen engagement as directed by the Community focus area of the Town’s Strategic Plan ; and WHEREAS for the past several years, the Town, in collaboration with several non-profit entities and others in the local bluegrass community, has presented the Marana Bluegrass Festival; and WHEREAS the Desert Bluegrass Association (“DBA”) is a non-profit organization dedicated to developing and promoting bluegrass music for the diverse audience in the Greater Tucson Area; and WHEREAS the Town Council finds that approval of an agreement with DBA related to the planning, development and presentation of the 2019 Marana Bluegrass & Acoustic Music Festival as set forth in this resolution is in the best interests 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 agreement between the Town of Marana and Desert Bluegrass Association regarding the planning, development and presentation of the 2019 Marana Bluegrass & Acoustic Music Festival, attached to and incorporated by this reference in this resolution as Exhibit A, 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 agreement. Marana Regular Council Meeting 09/04/2018 Page 167 of 286 00059182.DOC /1 Marana Resolution No. 2018-080 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of September, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 09/04/2018 Page 168 of 286 EXHIBIT A TO MARANA RESOLUTION NO . 2018-080 00059115.DOC /1 2019 DBA MARANA BLUEGRASS & ACOUSTIC MUSIC FESTIVAL AGREEMENT - 1 - AGREEMENT BETWEEN THE TOWN OF MARANA AND DESERT BLUEGRASS ASSOCIATION FOR THE 2019 MARANA BLUEGRASS & ACOUSTIC MUSIC FESTIVAL THIS AGREEMENT (the “Agreement”) is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the “Town”) and DESERT BLUEGRASS ASSO- CIATION, an Arizona non-profit corporation (“DBA”). The Town and DBA are some- times collectively referred to in this Agreement as the “Parties ,” each of which is some- times individually referred to as a “Party.” RECITALS A. The Town of Marana is dedicated to providing exceptional community events that create opportunities for citizen engagement as directed by the Community focus area of the Town’s Strategic Plan. B. For the past several years, the Town, in collaboration with several non -profit enti- ties and others in the local bluegrass community, has presented the Marana Bluegrass Festival. C. The Desert Bluegrass Association is a non-profit organization dedicated to devel- oping and promoting bluegrass music for the diverse audience in the Gr eater Tucson Area. D. The Town and DBA desire enter into an agreement for DBA to plan, develop and present the 2019 Marana Bluegrass & Acoustic Music Festival (the “Festival”) with support and assistance from the Town as described in this Agre ement. E. The Town finds that the benefits to the Town resulting from DBA’s production and presentation of the 2019 Marana Bluegrass & Acoustic Music Festival have a value at least equal to the fair market value of the in-kind support and assistance to be pro- vided to DBA by the Town pursuant to this Agreement. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intent of the Parties in entering into this Agreement, and in consideration of the terms of this Agreement, the Parties hereby agree as follows: 1. Services to be performed by DBA. a. Festival. DBA shall plan, develop and present the 2019 Marana Bluegrass & Acoustic Music Festival at Gladden Farms Community Park, 12205 N. Tangerine Farms Road, as set forth in this paragraph 1(a), and in the Scope of Work, attached Marana Regular Council Meeting 09/04/2018 Page 169 of 286 EXHIBIT A TO MARANA RESOLUTION NO . 2018-080 00059115.DOC /1 2019 DBA MARANA BLUEGRASS & ACOUSTIC MUSIC FESTIVAL AGREEMENT - 2 - hereto and incorp orated herein by this reference as Exhibit A. The Festival will be held March 15-17, 2019, during the times mutually agreed upon by the Parties. The Festival will include performances by bluegrass and acoustic bands and musicians, food and craft vendors, and other related activities. i. DBA shall recruit, select, approve and contract with musicians and vendors for the Festival. The vendors may include food and crafts exhibitors and other exhibitors consistent with the theme of the Festival and the terms of this Agre e- ment. DBA shall ensure that all Festival vendors possess a current Town of M a- rana business l i cense as of the date of the Festival. DBA shall also ensure that all food vendors possess a current and appropriate permit from the Pima County Health Department, if required, as of the date of the Festival. ii. DBA shall provide a complete listing of Festival vendors to the Town at least one week prior to the Festival. iii. DBA shall ensure that all Festival v endors enter into a release and inde m- nification agreement in the form set forth in Exhibit B, attached hereto and fully incorporated herein by this reference. DBA shall provide the completed release and indemnification agreements to the Town with the vendo r list required by subparagraph (ii) above. iv. All marketing and promotional materials produced by DBA for the Festi- val must be approved by the Town prior to their use and distr ibution. v. DBA shall provide sufficient staffing to present and run the Festival on all days, including set-up and tear-down. b. Weekly musical workshops. DBA shall provide weekly musical workshops at the Marana Community Center from September 2018 through May 2019, on the dates and times mutually agreed upon by the Parties . The workshops shall be free to the public. DBA shall request that workshop participants sign -in at each workshop and will provide a monthly sign-in roster to the Town. 2. Support and assistance to be provided by the Town. The Town shall provide in-kind support and cash assistance, at no cost to DBA, as set forth in Exhibit C , attached hereto and incorporated herein by this refe rence. In addition to the items listed on Exhibit C, the Town shall: a. Provide promotional assistance through Town social media outlets, website, and distribution of DBA-produced marketing and promotional materials. b. Provide a chalked area for RV parking . c. Provide signage for festival parking . d. Provide water to fill water barrels for all tents . 3. Expenses; admission and other activity fees. Except as provi ded in paragraph 2 above, DBA shall be responsible for all of its operating expenses. DBA may assess, Marana Regular Council Meeting 09/04/2018 Page 170 of 286 EXHIBIT A TO MARANA RESOLUTION NO . 2018-080 00059115.DOC /1 2019 DBA MARANA BLUEGRASS & ACOUSTIC MUSIC FESTIVAL AGREEMENT - 3 - col lect and retain admission and other activity fees from parties who wish to attend and participate in the Marana Bluegrass & Acoustic Music Festival. The Town makes no guarantee or promise regarding the amount of compensation DBA will receive due to admission and other acti vity fees. a. DBA shall make available to the Town for inspection any books, ledgers or statements kept by DBA regarding activities conducted pursuant to this Agreement. b. DBA shall be liable for all taxes applicable to the proceeds received by DBA under this Agreement. 4. Effective date and duration. This agreement shall be effective as of the signature date of the last Party to sign this Agreement, and shall remain in effect until May 31, 2019. Notwithstanding the foregoing, the indemnification provisions set forth in par a- graph 8 below shall survive termination of this Agre ement. 5. Relationship of the parties. In the performance of the services contemplated by this Agreement, DBA shall act solely as an independent contractor, and nothing expressed or implied in this Agreement shall be construed to create the relationship of employer and employee, partnership, principal and agent, or to crea te a joint venture b etween the Town and DBA. 6. Use of Town logo and seal. The Town grants DBA a limited license to use, at no cost, the Town’s logo in DBA’s performance of the services described in this Agreement. DBA shall not use the Town’s logo for any o ther purpose or use . DBA shall not modify, revise or alter the Town’s logo in any way. 7. Insurance. DBA and any subcontractor who performs any work for DBA under this Agreement shall maintain insurance throughout the term of this Agreement from carriers acceptable to the Town with the following required minimum coverages and limits: Commercial General Liability U.S. $1,000,000 per occurrence U.S. $2,000,000 aggregate a. DBA shall deliver one or more certificates of insurance ev idencing coverage as described in this paragraph 7, including coverage required of any subcontractor, to the Town upon execution of this Agreement and prior to commencing any activities pursuant to this Agreement. DBA shall also deliver new certificates of insurance each time the policy(s) is updated. All certificates shall be delivered to the Town’s Parks and Recreation Director. b. The Town shall be named as an additional insured on the commercial general liability insurance policies required by this paragraph 7. As an additional insured, the Town shall be provided coverage for any liability arising out of operations pe r- formed in whole or in part by or on behalf of DBA or any subcontractor. DBA shall deliver additional insured endorsement(s) along with the certificate(s) of in surance required by subparagraph (a) above. The additional insured endorsement form Marana Regular Council Meeting 09/04/2018 Page 171 of 286 EXHIBIT A TO MARANA RESOLUTION NO . 2018-080 00059115.DOC /1 2019 DBA MARANA BLUEGRASS & ACOUSTIC MUSIC FESTIVAL AGREEMENT - 4 - identification number shall also be included within the description box on the certi f- icate of insurance and the applicable policy number shall be included on the e n- dorsement. c. All policies required pursuant to this paragraph 7 shall be endorsed to co ntain a waiver of transfer of rights of recovery (subrogation) against the Town, its agents, officers, officials, and employees for any claims arising out of DBA’s or any subcon- tractor’s work or service. Endorsements evidencing this waiver of subrog ation shall be provided to the Town along with all other insurance documentation r equired by this Article. d. The certificate(s) shall also stipulate that the insurance afforded DBA and any subcontractor shall be primary insurance and that any insurance carried by the Town, its agents, officials or employees shall be excess and not contributory insu r- ance to that provided by DBA or any subcontractor. Coverage provided by DBA and any subcontractor shall be primary insurance with respect to all other available sources. e. The insurance requirements specified in this paragraph 7 may not be changed or modified except by written agreement signed by both Pa rties. f. DBA shall give the Town at least 30 c alendar days’ written notice prior to a planned cancellation or reduction of any coverage required by this paragraph 7. DBA shall give the Town immediate notice of any other cancellation or reduction of any coverage required by this paragraph 7. Cancellation or reduction of any cove r- age required by this paragraph 7 is grounds for termination of this Agreement by the Town. 8. Indemnification. DBA agrees to defend, save, hold harmless, and indemnify the Town, its officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabil i- ties, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwis e caused by or resulting from DBA’s errors, omissions, or negligent acts in the performance of services pursuant to this Agreement, or the errors, omissions or negligent acts of any party DBA contracts with in the pe r- formance of services pursuant to this Agreement, anyone directly or indirectly e m- ployed by DBA, or anyone for whose acts DBA may be liable. 9. Regulatory c ompliance and approvals. Each Party shall at its own expense comply with all applicable federal, state and local laws, rules, and regulations in connection with its obligations under this Agreement. As part of this obligation, DBA shall o btain any and all permits required by the Town, the Northwest Fire District or any other appropriate regulatory agency for its activities under this Agreement. In consideration of the services to be performed by DBA under the terms of this Agreement, to the e xtent legally permissible, the Town agrees to waive all Town of Marana review and pe rmit fees that DBA would normally be required to pay for DBA’s activities pursuant to this Agreement. Marana Regular Council Meeting 09/04/2018 Page 172 of 286 EXHIBIT A TO MARANA RESOLUTION NO . 2018-080 00059115.DOC /1 2019 DBA MARANA BLUEGRASS & ACOUSTIC MUSIC FESTIVAL AGREEMENT - 5 - 10. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested , to the following addresses: If to the Town, to: TOWN OF MARANA Attn: Parks and Recreation Director 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 If to DBA, to: DESERT BLUEGRASS ASSOCIATION Attn: David Lanham 11120 E. Malpomene Circle Tucson, Arizona 85749 11. Entire agreement. This Agreement constitutes the entire agreement and unde r- standing of the Parties pertaining to the subject matter of the Agreement and supe r- sedes all offers, negotiations, and other agreements of any kind. All pr ior and conte m- poraneous agreements, representations and understandings of the Parties, oral or wri t- ten, are superse ded and merged in this Agreement. 12. Authority to execute agreement. The individuals executing this Agreement hereby represent that they have full right, power, and authority to execute this Agreement on behalf of their respective Parties. 13. Force majeure. Notwithstanding any other term, condition or provision of this Agreement to the contrary, if any Party to this Agreement is precluded from satisfying or fulfilling any duty or obligation imposed upon it due to labor strikes, material shor t- ages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such Party, the time period provided h erein for the pe r- formance by such Party of such duty or oblig ation shall be extended for a period equal to the delay occasioned by such events. 14. Immigration laws. DBA warrants that it will at all times comply with all federal immigration laws and regulations that relate to its employees and with Arizona R evised Statutes section (A.R.S. §) 23 -214 (A). DBA acknowledge s 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 the Town retains the legal right to inspect the papers of any e m- ployee who performs work or services pursuant to this Agreement to ensure compl i- ance with this warranty. 15. Israel boycott divestments. DBA certifies that it is not currently engaged in, an d agrees for the duration of this Agreement to not engage in, a boycott of Israel as defined by A.R.S. § 35-393. 16. Conflict of interest. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides for termination in certain instances involving conflicts of i nterest. Marana Regular Council Meeting 09/04/2018 Page 173 of 286 EXHIBIT A TO MARANA RESOLUTION NO . 2018-080 00059115.DOC /1 2019 DBA MARANA BLUEGRASS & ACOUSTIC MUSIC FESTIVAL AGREEMENT - 6 - 17. Attorneys’ fees. The prevailing Party in a civil action to enforce this Agreement shall be entitled to recover from the other Party, in addition to any relief to which such prevailing Party may be entitled, all costs, expenses and reasonable attorneys’ fees i n- curred in connection with that civil action. 18. Governing law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 19. Termination. Either Party may terminate its participation in this Agreement for any reason upon at least 15 days’ prior written notice to the other Party . 20. Miscellaneous. a. This Agreement may not be modified except in a writing signed by both of the Parties. b. The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or i ntent of such sections or articles of this Agreement. c. This Agreement may be executed in multiple c ounterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall const i- tute one and the same agreement. [S IGNATURE PAGE FOLLOWS] Marana Regular Council Meeting 09/04/2018 Page 174 of 286 EXHIBIT A TO MARANA RESOLUTION NO . 2018-080 00059115.DOC /1 2019 DBA MARANA BLUEGRASS & ACOUSTIC MUSIC FESTIVAL AGREEMENT - 7 - IN WITNESS WHEREOF, the Parties have duly executed this instrument below. The “Town”: TOWN OF MARANA, an Arizona munici- pal corporation Ed Honea, Mayor Date: ATTEST: Town Clerk Date APPROVED AS TO FORM: Town Attorney Date “DBA”: DESERT BLUEGRASS ASSOCIATION, an Arizona non-profit corporation Dave Polston, President/CEO Date Federal I.D. # _______________________ STATE OF _________________) ) ss. County of __________________) The foregoing instrument was acknowledged before me this _____ day of _______________________, 2018 by Dave Polston, President/CEO of DESERT BLUEGRASS ASSOCIATION, an Arizona non-profit corporation, on behalf of the corporation. (Seal) Notary Public Marana Regular Council Meeting 09/04/2018 Page 175 of 286 EXHIBIT A TO MARANA RESOLUTION NO . 2018-080 00059115.DOC /1 2019 DBA MARANA BLUEGRASS & ACOUSTIC MUSIC FESTIVAL AGREEMENT 8 LIST OF EXHIBITS Exhibit A: Desert Bluegrass Association Scope of Work Exhibit B: Form of Release and Indemnification Agreement Exhibit C: Spreadsheet: Town In-Kind Support and Cash Assistance Marana Regular Council Meeting 09/04/2018 Page 176 of 286 EXHIBIT A to AGREEMENT BETWEEN TOWN OF MARANA AND DESERT BLUEGRASS ASSOCIATION 2019 MARANA BLUEGRASS & ACOUSTIC MUSIC FESTIVAL 00059113.DOCX /1 Desert Bluegrass Association – Scope of Work – 2019 Marana Bluegrass & Acoustic Music Festival Perform and coordinate pre-Festival planning and Festival management activities to include: Direct Marana Bluegrass Festival Committee activities; select, organize and manage Festival Committee, schedule and run meetings Festival Stage Management; provide a Master of Ceremonies, prepare, coordinate, and manage performance schedule Contract Festival sound system provider with appropriate equipment and experience amplifying acoustic music in an outdoor venue Select and contract with headline performers, and provide payment for performers Design and produce 2019 Marana Bluegrass & Acoustic Music Festival Program, including performance schedule, band bios, and Festival information with Town approval Provide 2019 Marana Bluegrass & Acoustic Music Festival promotion; flyer distribution to regional festivals and bluegrass organizations, media brochures and public service announcement in Tucson, Phoenix, and Flagstaff markets Design and produce 2019 Marana Bluegrass & Acoustic Festival numbered tickets, posters, flyers, and any other advertising material. Perform radio spot for KXCI community radio Maintain Marana Bluegrass & Acoustic Music Festival website www.maranafestival.com Coordinate and staff volunteer effort Collect Festival gate and vendor receipts; pay outstanding Festival accounts Provide vendors for food and crafts. A vendor list will provided to the Town of Marana Provide volunteers to assist in stage sound setup Provide volunteers for festival operations for three day festival and to include set up and tear- down Provide manpower for RV parking and placement Marana Regular Council Meeting 09/04/2018 Page 177 of 286 EXHIBIT A to AGREEMENT BETWEEN TOWN OF MARANA AND DESERT BLUEGRASS ASSOCIATION 2019 MARANA BLUEGRASS & ACOUSTIC MUSIC FESTIVAL 00059113.DOCX /1 Provide manpower for Workshops Provide accounting of ticket sales, attendance, and post attendance reviews in a format approved by the Town Provide signage for entrance to festival Provide free entrance to Friday show Provide any lighting required for the event Provide online advance ticket sales and online camping reservations Provide rental stage for show stage vendor subject to provide additional insurance Marana Regular Council Meeting 09/04/2018 Page 178 of 286 EXHIBIT B to AGREEMENT BETWEEN TOWN OF MARANA AND DESERT BLUEGRASS ASSOCIATION 2019 MARANA BLUEGRASS & ACOUSTIC MUSIC FESTIVAL 00059114.DOCX /1 Release and Indemnification Agreement. In consideration of the acceptance of my Vendor Application for the Marana Bluegrass & Acoustic Music Festival to be held March 15-17, 2019, I do hereby, for myself, my child/ren, my heirs, executors and assigns, release the Town of Marana (Town) and Desert Bluegrass Association (DBA), and their respective agents, officials and employees from liability for any harm, injury, or damage, which I , or my minor child/ren, may suffer while participating in the above -described event. This includes all risks that are connected with the event whether foreseen or unforeseen. Additionally, I agree to defend, save, hold harmless, and indemnify the Town and DBA, and their respective officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from my errors, omissions, or negligent or intentional acts in connection with the above-described event. I am of lawful age and legally competent to execute this Agreement. I understand the terms of this Agreement and have agreed to its terms as my own free act. If I am acting on behalf of an organization, I certify that I am the agent of the organization, I am acting on the organization’s behalf, and I a m duly authorized to execute this Release and Indemnification Agreement on the organization’s behalf. By signing below, I acknowledge that I have read and agree to abide by all the terms, conditions, rules and regulations outlined in the Vendor Application Form and that I have read and understand the terms of this Release and Indemnification Agreement and agree that I shall be bound by its terms and conditions. ___________________________ _______________________________ __________ Signature Printed Name Date Marana Regular Council Meeting 09/04/2018 Page 179 of 286 EXHIBIT C Town of Marana In-Kind Support Cash Assistance to 2019 Marana Bluegrass Acoustic Music Festival Resource Unit Unit Quantity Unit Cost Total In-Kind Contribution Special Event Permit 1 ea/day 4 $300.00 $1,200.00 10X10 TOM Canopies 4 ea/day 3 $125.00 $375.00 Fencing for Festival Per 100 Foot 9 $29.00 $261.00 Generator 1 ea/day 3 $220.00 $660.00 Fuel for Generator 20 Gal Per day 3 $2.50 $150.00 Event Set-up hour 48 $21.00 $1,008.00 Event custodial hour 28 $21.00 $588.00 Event Tear-down hour 24 $21.00 $504.00 Traffic Control Plan and Devices Plan and Set Up $1,615.00 Administrative Support hour 30 $28.00 $840.00 Total In-Kind Contribution $7,201.00 Cash Contribution Tables event 20 $10.00 $200.00 Chairs event 100 $1.00 $100.00 Portable Restrooms event $700.00 Total Cash Contribution $1,000.00 Grand Total $8,201.00 Marana Regular Council Meeting 09/04/2018 Page 180 of 286      Council-Regular Meeting   C7        Meeting Date:09/04/2018   To:Mayor and Council From:Jane Fairall, Deputy Town Attorney Date:September 4, 2018 Strategic Plan Focus Area: Not Applicable Subject:Ordinance No. 2018.016 Relating to Animal Control; amending Town Code Title 6 (Animal Control), Chapter 6-2 (Enforcement) and Chapter 6-4 (Dogs at Large; Dogs on School Grounds); revising section 6-2-2 (Appointment of animal control officers; authority) to clarify animal control officer authority; revising section 6-4-1 (Dogs at large prohibited; exceptions; classification) to clarify leash requirements; and designating an effective date (Jane Fairall) Discussion: The proposed ordinance will make two minor revisions to Title 6 of the Town Code regarding Animal Control, if adopted. The revision to Section 6-2-2 of the Code will clarify that animal control officers may issue citations for any violation of the Town Code relating to rabies or animal control, not just violations of Title 6. For example, Title 13 of the Code regarding Parks and Recreation includes leash law requirements inside of Town parks. This revision will expressly allow animal control officers to issue citations for the violation of the Title 13 leash law violation. The revision to section 6-4-1 of the Code will add language to the leash law provision requiring a leash used to restrain a dog to be of sufficient strength to restrain the animal. Additionally, language will be added requiring that the person handling the dog must use the leash as it was designed and intended to be used to control the dog. Staff Recommendation: Staff recommends approval of the ordinance. Marana Regular Council Meeting 09/04/2018 Page 181 of 286 Suggested Motion: I move to adopt Ordinance No. 2018.016, amending Town Code Title 6 (Animal Control); revising section 6-2-2 to clarify animal control officer authority; revising section 6-4-1 to clarify leash requirements; and designating an effective date. Attachments Ordinance No. 2018.016 Marana Regular Council Meeting 09/04/2018 Page 182 of 286 00058967.DOCX /1 Marana Ordinance No. 2018 .016 - 1 - MARANA ORDINANCE NO. 2018.016 RELATING TO ANIMAL CONTROL ; AMENDING TOWN CODE TITLE 6 (ANIMAL CONTROL), CHAPTER 6-2 (ENFORCEMENT) AND CHAPTER 6-4 (DOGS AT LARGE; DOGS ON SCHOO L GROUNDS); REVISING SECTION 6-2-2 (APPOINTMENT OF ANIMAL CONTROL OFFICERS; AUTHORITY ) TO CLARIFY ANIMAL CONTROL OFFICER AUTHORITY; REVISING SECTION 6-4-1 (DOGS AT LARGE PROHIBITED; EX CEPTIONS; CLASSIFICATION) TO CLARIFY LEASH REQUIREMENTS; AND DE SIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. §§ 9-240, 9-499.04, 9-500.32, 11-1018, 11-1029, 13-2910, and 13-4281 to adopt animal control regulations; and WHEREAS on May 2, 2017, the Town Council adopted Ordinance No. 2017.011, approving a comprehensive rewrite of the Title 6 (Animal Control) of the Town Code; and WHEREAS the Town Council finds that the amendments to the animal control regulations established by this ordinance are necessary for the public health, safety and general welfare o f the Town of Marana. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Town Code Title 6 (Animal Control) is hereby amended to revise section 6-2-2 (Appointment of animal control officers; authority) as follows (with deletions shown with strikeouts and additions shown with double underlining ): 6 -2 -2 Appointment of animal control officers; authority [Paragraph A remains unchanged] B. Animal control officers shall be designated as deputies to the town enforcement agent and may commence an action or proceeding before a court for any violation of this code title or any town ordinance or state statute relating to rabies or animal control that occ urs within the jurisdiction of the town. [Paragraph C remains unchanged] Marana Regular Council Meeting 09/04/2018 Page 183 of 286 00058967.DOCX /1 Marana Ordinance No. 2018 .016 - 2 - SECTION 2. Marana Town Code Title 6 (Animal Control) is here by amended to revise section 6-4-1 (Dogs at large prohibited; exceptions; classification) as follows (with additions shown with double underlining): 6 -4 -1 Dogs at large prohibited; exceptions; classification A. Any dog owned, possessed, harbored, kept or maintained on public streets, sidewalks, alleys, parks or other public property shall be restrained by a leash, chain, rope, cord, or similar device of sufficient strength to restrain the dog , and the person handling the dog shall use the leash, chain, rope, cord, or similar device as it was designed and intended to be used to control the dog. [Paragraphs B through E remain unchanged] SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6. This ordinance shall become effective on the thirty -first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of September, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 09/04/2018 Page 184 of 286      Council-Regular Meeting   C8        Meeting Date:09/04/2018   To:Mayor and Council From:Libby Shelton, Senior Assistant Town Attorney Date:September 4, 2018 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2018-081:  Relating to Liquor Licenses; appointing the Town Manager as the Town Council’s designee for review and approval of special event liquor license applications (Libby Shelton) Discussion: A special event liquor license is a temporary, non-transferable, liquor license with retail privileges that allows a government, political, or non-profit entity to sell and serve spirituous liquor. The applicant for a special event license must fill out a special event application and file the application with the local municipality where the special event is to take place, for approval or disapproval. If held at a licensed premises, no local municipality approval is required. If the application is approved by the local municipality, and the event meets the requirements for granting the license, the director of the Arizona Department of Liquor Licenses and Control may issue a special event license to the qualifying organization.   For each special event liquor license application, Town staff ensures that the special event liquor license application meets requirements of the statute. Historically, these special event liquor license applications have then been brought before the Town Council for approval or disapproval.  However, the state statute governing special event liquor licenses was recently amended to allow a governing body to authorize a designee to approve special event liquor licenses.  If approved, the proposed resolution will designate the Town Manager to review and approve special event liquor licenses. This will speed up the processing of special event liquor licenses, and is advantageous given that time is of the essence in many special event applications. Town staff will still continue to perform the same review of applications as was completed previously. Marana Regular Council Meeting 09/04/2018 Page 185 of 286 Staff Recommendation: Staff recommends that the Town Manager be appointed as the Town Council's designee to review and approve special event liquor licenses. Suggested Motion: I move to adopt Resolution No. 2018-081, appointing the Town Manager as the Town Council’s designee for review and approval of special event liquor license applications. Attachments Resolution No. 2018-081 Marana Regular Council Meeting 09/04/2018 Page 186 of 286 -1 - Marana Resolution No. 2018-081 MARANA RESOLUTION NO. 2018-081 RELATING TO LIQUOR LICENSES; APPOINTING THE TOWN MANAGER AS THE TOWN COUNCIL’S DESIGNEE FOR REVIEW AND APPROV AL OF SPECIAL EVENT LIQUOR LICENSE APPLICATIONS WHEREAS A.R.S. §4-203.02 provides that before a special event liquor license may be approved by the Arizona Department of Liquor License and Control, the special event liquor license must be approved by the local governing body or the governing body’s designee; WHEREAS the Town Council finds that appointing a designee to review and approve special event liquor licenses is in the best interests of the community. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town Manager is hereby appointed as the Town Council’s designee for review and approval of special event liquor license applications. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 4th day of September, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 09/04/2018 Page 187 of 286    Council-Regular Meeting   C9        Meeting Date:09/04/2018   To:Mayor and Council Submitted For:Keith Brann, Town Engineer From:Dan Grossman, CIP Process Analysis Date:September 4, 2018 Strategic Plan Focus Area: Not Applicable Subject:Relating to Procurement; ratifying the Town Manager's approval of a change order to the Tangerine Rd Corridor, I10 to Town (ST021) project construction contract with Tangerine Corridor Constructors in the amount of $9,969.00 for work at Tangerine Sky Community Park (PK014); 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: 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. Project Description: On 03/15/2018, Tangerine Corridor Constructors, the contractor for the Tangerine Road Corridor project, was issued a purchase order (PO# 21800363) for $490,022.00 to construct park related roadways, parking lots, curbs, sidewalks, crosswalk and signage at the Tangerine Sky Community Park (PK014). This PO was a issued as a result of an amendment to the Tangerine Road Corridor project construction contract adding the next phase of work for the project.  Marana Regular Council Meeting 09/04/2018 Page 188 of 286 The Town has processed one previous change order to purchase order #21800363 in the amount of $56,255.00 bringing the total current purchase order amount to $546,277.00. This additional change order will bring the purchase order to $556,246.00   The purchase order for Tangerine Corridor Constructors was issued for the construction of park related roadways, parking lots, curbs, sidewalks, crosswalk and signage. The park has proven to be very popular in the region and additional parking is needed for special events at the park.  This additional change order will be for the addition of a non-paved overflow parking lot, paved drive access to the overflow lot, and post & cable perimeter fencing of the lot. Financial Impact: Fiscal Year:2019 Budgeted Y/N:YES Amount:$9,969.00 Funding in the amount of $9,969.00, consisting of Park Impact fees, fund line 31651010-8015-PK014, is available within the Tangerine Sky Community Park (PK014) council approved budget. Staff Recommendation: Staff recommends approval of the described change order. Suggested Motion: I move to ratify the Town Manager's approval of a change order to the Tangerine Corridor Constructors purchase order #21800363 in the amount of $9,969.00;  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 file(s) attached. Marana Regular Council Meeting 09/04/2018 Page 189 of 286    Council-Regular Meeting   C10        Meeting Date:09/04/2018   To:Mayor and Council From:Libby Shelton, Senior Assistant Town Attorney Date:September 4, 2018 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2018-082:  Relating to the Police Department; approving and authorizing the Mayor to execute an  intergovernmental agreement by and between the parties that form the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) regarding the administration and operation of the CNA, a law enforcement task force (Libby Shelton) Discussion: For several years, the Town of Marana Police Department has participated with the Pima County/Tucson Metro Counter Narcotics Alliance (CNA).  In Southern Arizona, CNA activities help improve the effectiveness and efficiency of drug control efforts by facilitating cooperation between law enforcement agencies, supplying resources, coordinating information sharing, and implementing joint initiatives.  These activities are coordinated by the City of Tucson (COT). In order to participate, the Town will need to enter into the proposed IGA outlining the procedures for operation for all cooperating agencies.  COT also administers grant funding for the program.  Funding awards are provided through separate agreements. Financial Impact: Funding is determined by the CNA Policy Board. Agreements for the funding will be brought to Council at a later date. Staff Recommendation: Staff recommends adoption of Resolution No. 2018-082, authorizing the Mayor to Marana Regular Council Meeting 09/04/2018 Page 190 of 286 Staff recommends adoption of Resolution No. 2018-082, authorizing the Mayor to execute an intergovernmental agreement by and between the parties that form the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) regarding the administration and operation of the CNA, a law enforcement task force. Suggested Motion: I move to adopt Resolution No. 2018-082, approving and authorizing the Mayor to execute an intergovernmental agreement by and between the parties that form the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) regarding the administration and operation of the CNA, a law enforcement task force. Attachments Resolution No. 2018-082 CNA IGA Marana Regular Council Meeting 09/04/2018 Page 191 of 286 00059120.DOCX /1 Marana Resolution No. 2018-082 MARANA RESOLUTION NO. 201 8-082 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE PARTIES THAT FORM THE PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA) REGARDING THE ADMINISTRATION AND O PERATION OF THE CNA, A LAW ENFORCEMENT TASK FORCE WHEREAS the Town of Marana recognizes its duty to protect its citizens by working to reduce crime associated with drug trafficking and drug use; and WHEREAS the Marana Police Department is working with Pima County, the City of Tucson, the Arizona Department of Public Safety and the University of Arizona Police Department as a regional partner in the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA), a law enforcement task force; and WHEREAS on February 4, 2014, the Town Council adopted Resolution No. 2014 - 005, approving and authorizing execution of an intergovernmental agreement (IGA) by and between the parties that form the CNA regarding the administration and operation of the CNA, a law enforcement task force; and WHEREAS the Mayor and Council find that the Marana Police Department’s continued participation in the CNA is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION l. The Town Council hereby approves the intergovernmental agreement by and between the parties that form the CNA, in substantially the form attached to and incorporated by this reference in this Resolution as Exhibit A, and the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. Marana Regular Council Meeting 09/04/2018 Page 192 of 286 00059120.DOCX /1 Marana Resolution No. 2018-082 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of September, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 09/04/2018 Page 193 of 286 1 INTERGOVERNMENTAL AGREEMENT BETWEEN TUCSON POLICE DEPARTMENT, PIMA COUNTY SHERIFF’S DEPARTMENT, UNIVERSITY OF ARIZONA POLICE DEPARTMENT, MARANA POLICE DEPARTMENT, ARIZONA DEPARTMENT OF PUBLIC SAFETY AND PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA) This intergovernmental Agreement (hereinafter “IGA”) is entered into pursuant to A.R.S. § 11-952 by and between the parties that form the Pima County/Tucson Metropolitan Counter Narcotics Alliance (hereinafter “CNA”) a law enforcement task force. CNA members include, but are not limited to: Arizona Department of Public Safety, Tucson Police Department, Pima County Sheriff’s Department, University of Arizona Police Department, and Marana Police Department. RECITALS Whereas, the City of Tucson, the State of Arizona, Pima County, The University of Arizona, the Arizona Board of Regents, the Town of Marana, pursuant to ARS § 13-3872, and in accordance with the provisions of ARS Title 11, Chapter 7, Articles 3, and as authorized by appropriate action of the governing body for each party, desire to enter into this mutual agreement on behalf of these law enforcement agencies. Whereas, the City of Tucson is empowered by Tucson Charter Chapter X, Section 7, to maintain a Police Department of the purposes stated herein and is authorized to contract by Tucson Charter Chapter IV, Section and Whereas, the Arizona Department of Public Safety is empowered by ARS § 41-1712 to maintain a narcotics enforcement and criminal investigation division, and Whereas, Pima County is empowered by ARS § 11-952 to enter into agreements for joint or cooperative action, and the Sheriff is empowered by ARS § 11-441 to preserve the peace and arrest those who commit public offenses, and Whereas, the Arizona Board of Regents is empowered by to ARS § 15-1627 (F) to maintain the University of Arizona Police Department for the purposes stated therein and by ARS § 15-1625 to enter into contracts on behalf of the University of Arizona Police Department and Whereas, the Town of Marana is empowered by ARS Title 9 to contract by ARS § 9-240 (b) (12) to maintain the Marana Police Department for the purposes stated therein, and Whereas, implementation of this IGA will substantially further the public safety, health, and welfare: Now THEREFORE, the parties do hereby agree as follows: DEFINITIONS A. “Party” means each of the governmental entities that have executed this agreement. B. “Chief Law Enforcement Officer” means that the person who is a “department of agency head with peace officer jurisdiction, or their duly authorized representative, having the primary responsibility for law enforcement within the jurisdiction or territory,” as such phrase is used in ARS § 13-3871, whether designated by appointment or election. Marana Regular Council Meeting 09/04/2018 Page 194 of 286 2 C. “CNA” means the Pima County/Tucson Metropolitan Counter Narcotics Alliance. The governmental entities making up CNA are the City of Tucson, the County of Pima, the State of Arizona, the Arizona Board of Regents, the University of Arizona, the Town of Marana, and the United States Government. AGREEMENT I. Purpose The purpose of establishing CNA is to provide drug enforcement, demand reduction, and education in the Tucson metropolitan area. Enforcement efforts focus on the full range of drug abuse, misuse, and trafficking activities. II. Obligations of the Parties A. The objectives to be accomplished by CNA through the formation of this IGA in the Tucson metropolitan area include: 1. Reducing the rate of crime associated with drug trafficking and drug use. 2. Implementing strategies that will serve to interdict the availability, shipment and flow of illicit drugs, and the financial incentive for those activities. 3. Employing investigative strategies that target offenders, locations and organizations involved in illicit drug activities. 4. Utilizing intelligence-based law enforcement planning to coordinate collaborative resources available through member agencies. 5. Reducing the demand, availability, and chronic use of illicit drugs. B. Jurisdiction The Chief Law Enforcement Officers of each of the parties hereto individually consent to the extension of peace authority into their jurisdiction or territory by the peace officers assigned to CNA by the Chief Law Enforcement Officers of other parties, in accordance with the provisions of ARS § 13-3872. Nothing in this agreement shall be construed as either limiting or extending the lawful jurisdiction of any of the parties, other than as expressly set forth herein. C. PLANNING AND ADMINISTRATION 1. CNA is governed by a Policy Board composed of participating law enforcement members that has decision making authority over CNA’s policies and operations. 2. This authority includes the following: a. Establishing policies for assigning cases to be investigated. b. In accordance with ARS 13-2314 and 13-2315, providing direction to: i. disburse funds either forfeited or otherwise that come under the direct control of CNA, ii. assign or transfer forfeited real property or cash to either member agencies of CNA; or to CNA’s Anti-Racketeering Fund, held and managed by the Pima County Attorney’s Office, Marana Regular Council Meeting 09/04/2018 Page 195 of 286 3 iii. assign or transfer non-forfeited real property or cash to the City of Tucson, as the fiduciary agent for CNA, to hold in an established account for CNA use pursuant to the provisions of ARS § 13-2314 and to 13-2315 a. The approval of assignments or transfers of unclaimed funds or real property from the seizure holding accounts to the non-forfeiture CNA operating account can occur only after the City of Tucson has completed due diligence efforts to return funds or real property back to the owner in a manner that is compliant with city, state and federal regulations. iv. assign or transfer forfeited real property or cash generated by participating Federal Jurisdictions as provided for by law. c. Maintaining oversight of forfeiture investigation and analysis conducted by the Asset Forfeiture Unit established by CNA. 3. Membership of the Policy Board a. The Policy Board will consist of the Chief Law Enforcement Officer of the agency sitting on the board or, in the case of Federal agencies, the head of the Tucson office. The Lead Agency board members include: Tucson Police Department, Pima County Sheriff’s Department, Arizona Department of Public Safety, Drug Enforcement Administration and Homeland Security Investigations. The Southwest Border High Intensity Drug Trafficking Area (SWB HIDTA) Executive Director or designated representative will act as the Facilitator of the Board. b. Additional agencies, herein also referred to as Participating Jurisdiction Members (PJM) will include, but not limited to, The University of Arizona, and Marana Police Department. A single PJM representative selected from among the ranks of the PJMs shall be their designated Policy Board. c. Additional law enforcement agencies may be considered for participation in CNA with final decision-making for their acceptance on the Board retained by the current Policy Board members at the time a request is made. d. Each member of the Policy Board has an equal vote. Motions will be considered Adopted by the Board based on the simple majority vote of a Board Quorum. A Board Quorum shall consist of no less than 4 members either present or attending via phone. The Chief Law Enforcement Officer representing PJMs will have the right to represent and vote on the behalf of other participating jurisdiction members. 4. The Policy Board meets on a regular schedule that is agreed upon by the Board Members. CNA’s Commander is responsible for making quarterly or regularly scheduled reports to the Board regarding CNA’s operational and budget activities. Minutes are kept of all meetings, and members are notified in advance of scheduled meeting dates. D. OPERATIONAL COMMAND The Board is responsible for selecting the operational commander of the CNA, who is responsible to the Policy Board for carrying out approved policy. Marana Regular Council Meeting 09/04/2018 Page 196 of 286 4 E. PROJECT ADMINISTRATION AND REPORTING 1. Responsibilities of CNA and City of Tucson Police Department include: a. Grants and Reimbursements: The Tucson Police Department is responsible for contract administration, equipment purchases, grant and funding source reports. This includes submission of financial grant and funding. CNA is responsible for the annual High Intensity Drug Trafficking Area (HIDTA) and Arizona Criminal Justice Commission (ACJC) grant applications including budget requests. The monthly, quarterly and annual performance measurement statistical reports required by HIDTA and ACJC assigned grant administrators are the responsibility of CNA. b. Provision of Documentation: The Tucson Police Department establishes requirements for the provisions of documentation necessary to reimburse participating agencies for personnel, equipment and all other operating expenditures. This responsibility includes ensuring that all grant-funded expenditures comply with the Federal guidelines for the HIDTA and ACJC grants. c. Financial Systems Management Procurement: CNA will approve and manage all of its operating expenditures directly through the City of Tucson financial system and be responsible for the following tasks. 1. CNA staff will coordinate with the City of Tucson budget, finance and purchasing sections to outline methods that are in the best interest of both parties to process and pay for CNA purchases and expenses. 2. CNA staff will enter and manage input of all operating expenses in the City of Tucson’s financial systems. 3. CNA staff will follow all guidelines set forth by the City of Tucson for the preparation and management of its finances on the software and web-based systems utilized by the city’s budget and finance sections. 4. CNA staff will follow all requirements set forth by the City of Tucson, Pima County, state, and federal (including HIDTA) purchasing for the preparation and processing of purchase orders, vendor contracts, P-card payments and any other purchases made on behalf of CNA. CNA finance staff will be granted access to City of Tucson purchasing software and associated financial systems to insure compliance requirements are met and fully auditable. 5. CNA members will obtain internal approvals from CNA staff for payment of expenditures. Originals or copies of all reimbursement requests from its lead and participating jurisdiction members to agencies, including grant funded personnel expenses made to HIDTA and ACJC, will be sent to CNA for approval and processing. All member jurisdiction purchases and expenditures will be in compliance with local, state and federal guidelines and requirements (as applicable). Marana Regular Council Meeting 09/04/2018 Page 197 of 286 5 6. The City of Tucson will issue checks for expenses incurred by CNA vendors, CNA’s participating agencies, and any and all other entities requesting payment. 7. CNA will make monthly requests directly to the Pima County Attorney’s Office (PCAO) to re-fund the City of Tucson for the expenses itemized in item 6 above. Reimbursement checks will be issued by PCAO, sent to CNA, and then forwarded by CNA to the City of Tucson finance department. 2. Responsibilities of the City of Tucson a. Review and provide financial guidance and assistance for CNA as provided for other participating agencies and entities with the City’s financial system. b. Process, enter or forward all invoices for payments to CNA for internal approvals. c. Provide CNA with budget reports for its expenses and the necessary planning documents for budget preparations. d. Provide assistance with purchase orders and purchase processes through the City as needed. 3. Responsibility of Agencies Submitting Reimbursement Requests to CNA a. Two copies of all requests for grant and personnel (salary, overtime, overtime ERE) reimbursements are required. If only one copy is submitted, CNA will return it to the submitting party and request that 2 copies be forwarded to CNA. CNA reserves the right to revise the number of copies and paperwork required by agencies and other entities submitting reimbursement requests as CNA’s financial documentation policies change. b. Any travel or training attended on behalf of CNA will be planned and paid for through CNA or the employee’s home agency. When these expenses are incurred by a home agency, this agency must submit a reimbursement request to CNA. CNA staff will process the reimbursement to the submitting agency and request a check for payment of these expenses from PCAO. F. STAFF 1. CNA includes staff from grant-funded and non-grant funded sources. Positions allocated to CNA from state or local member agencies shall be assigned by the Policy Board with the goal of encouraging and maintaining a multi-jurisdictional staff. Grant funded positions are not allocated to federal agencies. 2. Personnel selected to fill grant-funded positions are chosen in accordance with federal affirmative action guidelines. Agencies providing grant funded employees pay the salaries and fringe benefits for said employees and submit documentation as required by the Tucson Police Department for the BYRNE Grant and as required by the Administrators of the HIDTA Grant for reimbursement of these personnel expenses. Agencies receiving grant funds agree to preserve and make available all salary and fringe benefit records for a period of five (5) years from the date of final payment, or for a longer period of time if required by state or federal regulation. Agencies providing grant funded positions will insure they are not using these positions to supplant currently budgeted positions. Marana Regular Council Meeting 09/04/2018 Page 198 of 286 6 3. Overtime and overtime employee related expenses incurred by a staff member will be funded by CNA from its Anti-Racketeering account. Lead and participating jurisdiction member agencies must prepare and submit to CNA reimbursement requests for processing and payment of these expenses. G. PROVISIONS OF EQUIPMENT AT TERMINATION OF IGA BY ALL PARTICIPATING MEMBERS. Upon termination of the IGA and disbandment of CNA, equipment purchases (including vehicles) made with Anti-Racketeering funds managed by the Pima County Attorney’s Office shall be disbursed in accordance with Federal and state guidelines at the time this agreement is ended. The Policy Board will retain the right to disburse existing equipment, including vehicles, to its participating agencies. The agencies requesting the equipment/vehicles must provide the Tucson Police Department and the City of Tucson with written assurance that equipment and vehicles will be used in the criminal justice system. If equipment used by CNA was supplied by one of its member agencies, said equipment will be returned to that agency. H. UNAVAILIBILITY OF FUNDING Every payment obligation of CNA’s participating agency members under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of the Agreement, this Agreement may be terminated by an agency member. In the event this provision is exercised, an agency member shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. Member agencies will be held liable for financial liabilities in excess of CNA reserves. Member agencies will be held liable for annual fiscal year costs that exceed the financial allocations of grant related funding. The amount of liability is based on available CNA reserves, grant agreements and Policy Board actions. III. TERM This IGA shall be for an initial term of five (5) years, effective upon the adoption of a fully executed agreement by all parties. The parties shall have the option to extend the term of this IGA for two (2) additional five (5) year periods. Any modification or time extension of this IGA shall be by formal written amendment executed by parties hereto. IV. TERMINATION A. Any party may terminate its participation in this Agreement by giving not less than a 60-day written notice to the other parties. In the event of such termination, each party shall retain possession of its separately owned equipment and property. Any party, whose participation in the Agreement is terminated for any reason, shall return to CNA equipment and vehicles purchased with CNA grant or Anti-Racketeering funds. B. The CNA Policy Board reserves the right to request termination of this Agreement with a participating member if that member violates the policy guidelines set forth by the CNA Board. A vote of the other Board members will be taken to determine if a consensus exists for requesting the termination. C. This IGA is subject to cancellation by the parties pursuant to A.R.S. § 38-511. Marana Regular Council Meeting 09/04/2018 Page 199 of 286 7 V. NON-ASSIGMNENT None of the parties to this Agreement shall assign its rights under this Agreement to any other party without written permission from the Policy Board. VI. CONSTRUCTION OF AGREEMENT A. Entire agreement. This instruction constitutes the entire agreement between all parties herein pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral, or written, are hereby superseded and merged herein. Any exhibits to this Agreement are incorporated herein by this reference. B. Amendment. This Agreement may be extended, modified, amended, altered, or changed only by written agreements signed by all parties. C. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. D. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any precision of this Agreement. E. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of another party in attempt to reach an agreement on a substitute provision. VII. LEGAL JURISDICTION Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of any existing CNA member. VIII. NO JOINT VENTURE It is not intended by this agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between the members and CNA. None of the parties shall be liable for neither any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party’s obligation to withhold Social Security income taxes for itself or any of its employees. IX. RESERVED X. LIMITATION OF LIABILITY AND COMPLIANCE WITH LAWS Each party will comply with the human relations provisions of its respective agency and all parties shall comply with all applicable Federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. A. Non-Discrimination. The parties shall comply with the provisions of A.R.S. § 41- 1463, Tucson Code § 28-138 and Executive Order 75-5, as amended by Executive Order 2009-9, all of which are incorporated herein by this reference. Marana Regular Council Meeting 09/04/2018 Page 200 of 286 8 B. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-366. 42 U.S.C 12101- 12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. C. For the purposes of worker’s compensation, an employee of a party to this agreement, who worked under the jurisdiction or control of, or who works within the jurisdictional boundaries of another party pursuant to this particular intergovernmental agreement for mutual aid law enforcement, shall be deemed to be an employee of the party who is the employee’s primary employer and of the party under whose jurisdiction and control the employee is then working as provided in A.R.S. § 23-1022(D) and the primary employer party of such an employee shall be solely liable for payment of worker’s compensation benefits for the purpose of this section. Each party herein shall comply with provision of A.R.S. § 23-1022(E) by posting the public notice required. 1. Except for the purpose of worker’s compensation as noted in the preceding paragraph of this section, each party shall be solely responsible and liable for claims, demands, or judgments (including costs, expenses and attorney fees) resulting from personal injury to any person or damage to any property arising out of its own employee’s performance under this agreement. Each party shall have the right of contribution against the other parties with respect to tort liability judgments should multiple parties under this agreement be found liable. This right of contribution shall not apply to any settlement or demand and each party shall be solely responsible for its own acts or omissions and those of its officers and employees by reason of its operations under this agreement. This responsibility includes automobile liability. Each party represents that it shall maintain for the duration of this agreement liability insurance. The parties may fulfill their obligations by programs of self-insurance providing protection. D. Immigration. Pursuant to the Governor’s Executive Order 2005-30, the parties agree to comply with all applicable federal immigration laws and regulations. E. Each party agrees to be solely responsible for any expense resulting from industrial insurance by its employees incurred as a result of operations under this agreement. F. CNA will assume sole responsibility for compliance with Internal Revenue Service and outside local, state and federal regulations. Said compliance will relate to all laws and guidelines set forth by any governing entity, especially regarding CNA financials. The City of Tucson will not assume any liability for non-conformance or penalties related to governance of CNA’s budgeting and financial practices. G. Reserved. XI. ARBITRATION In the event of dispute under this IGA, the parties agree to use arbitration to the extent required under ARS § 12-1518 and 12-133. XII. WAIVER Waiver by either party of any breach of any term, covenant or condition herein contained 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. Marana Regular Council Meeting 09/04/2018 Page 201 of 286 9 XIII. 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 causes beyond the control of the party affected, including but not limited to the 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 negligence or willful action of the parties, or 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. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. XIV. METHOD OF EXECUTION This agreement may be executed in one or more identical counterparts each of which shall be deemed an original, but all of which taken together shall constitute one agreement. XV. NOTIFICATION All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: City of Tucson City Manager City Hall Tower 255 West Alameda Street, 10th Floor Tucson, AZ 85701 Tucson Chief of Police Tucson Police Department 270 South Stone Avenue Tucson, AZ 85701 Director AZ Department of Public Safety PO Box 6638 Phoenix, AZ 85005 Pima County Sheriff Pima County Sheriff’s Department 1650 E Benson Hwy Tucson, AZ 85714 Deputy County Attorney Pima County Attorney’s Office 32 N. Stone Avenue Tucson, AZ 85701 Marana Regular Council Meeting 09/04/2018 Page 202 of 286 10 University of Arizona Sponsored Projects Services PO Box 3308 Tucson, AZ 85722-3308 Marana Chief of Police Town of Marana 11555 West Civic Center Drive Marana, AZ 85653 XVI. REMEDIES Either party may to be exclusive of any other right or remedy and each shall be cumulative and in addition to any remedies provided by law for the breach of this Agreement. No right or remedy is intended other right or remedy existing at law or in equity or by virtue of this Agreement. XVII. HOLD HARMLESS CLAUSE Each party shall be responsible for liabilities from all claims, damages, or suits arising from the negligence or willful misconduct of its officers, agents, and employees of any kind of nature arising out of CNA or its participating member agencies. Each party, with the exception of the University of Arizona, an agency of the State (A.R.S. § Section 35-154, Arizona Attorney General Opinion 67363) agrees to indemnify, defend and hold harmless all parties, its officers, employees and participating agencies from and against any and all suits, actions, legal or administrative proceedings, claims demands or damages of any kind under nature arising out of their negligence, except for any such liability out of the sole negligence of CNA. Marana Regular Council Meeting 09/04/2018 Page 203 of 286 11 Parties to This Agreement City of Tucson Municipal Corporation Mayor Date ATTEST: City Clerk Date Reviewed And Approved As To Form: Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. City of Tucson Attorney Date ____________________________________________________________________________________ City Manager Date Marana Regular Council Meeting 09/04/2018 Page 204 of 286 12 Parties to This Agreement State of Arizona ATTEST: Robert Halliday, Director Arizona Department of Public Safety Brian Schneider, AZ DPS Legal Assistant Attorney General Marana Regular Council Meeting 09/04/2018 Page 205 of 286 13 Arizona Board of Regents On behalf of the University of Arizona ATTEST: University of Arizona Date Office of Research & Contracting Analysis Reviewed And Approved As To Form: Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. Counsel, Arizona Board of Regents Date Marana Regular Council Meeting 09/04/2018 Page 206 of 286 14 Parties to This Agreement Pima County ATTEST: Board of Supervisors Date Clerk of the Board Date Reviewed And Approved As To Form: Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. Pima County Attorney Date Marana Regular Council Meeting 09/04/2018 Page 207 of 286 15 Parties to This Agreement Town of Marana ATTEST: Mayor Date Town Clerk Date Reviewed And Approved As To Form: Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. Town of Marana Attorney Date Marana Regular Council Meeting 09/04/2018 Page 208 of 286    Council-Regular Meeting   C11        Meeting Date:09/04/2018   To:Mayor and Council Submitted For:Jim Conroy, Parks & Recreation Director From:Corey Larriva, Superintendent Date:September 4, 2018 Strategic Plan Focus Area: Commerce,  Community,  Recreation Strategic Plan Focus Area Additional Info: The Commerce focus area of the strategic plan directs staff to seek partnerships with local industry to expand Marana's tourism outreach by allocating financial resources for marketing and partnership opportunities. The Community focus area adds marketing Marana as a destination for unique, family-friendly events. We find ways and opportunities to showcase Marana's achievements through Innovation and the Recreation focus area guides us to pursue and support recreation tourism development by partnering with public and private entities to promote Marana as a recreation destination. Subject:Resolution No. 2018-083: Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. regarding financial support for the 2018 El Tour 25-Mile event (Jim Conroy) Discussion: The proposed agreement on tonight's agenda provides that the Town will provide financial support of $15,000 to Perimeter Bicycling as title sponsor of the 2018 El Tour 25-Mile Event taking place on Saturday, November 17, 2018. For this event, participants will begin their ride at the Marana Heritage River park and join the primary El Tour route at Twin Peaks Road.  In addition to the 2018 event, this agreement also includes marketing and advertising opportunities for Marana through Perimeter Bicycling. Town marketing materials will appear in Tail Winds magazine, a quarterly publication, in the PBAA Journal and at other local events leading up to the race. Marana Regular Council Meeting 09/04/2018 Page 209 of 286 Financial Impact: Fiscal Year:2019 Budgeted Y/N:Y Amount:$15,000 These funds are allocated in the Parks and Recreation budget. Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2018-083, approving and authorizing the Mayor to execute an agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. regarding financial support for the 2018 El Tour 25-Mile event. Attachments Resolution No. 2018-083 Exhibit A to Resolution - Agreement Exhibit A to Agreement - Sponsorship Proposal Marana Regular Council Meeting 09/04/2018 Page 210 of 286 00059183.DOC /1 Marana Resolution No. 2018-083 - 1 - MARANA RESOLUTION NO. 2018-083 RELATING TO SPECIAL EVENTS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF MARANA AND PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC. REGARDING FINANCIAL SUPPORT FO R THE 2018 EL TOUR 25-MILE EVENT WHEREAS the Town of Marana is dedicated to providing exceptional community events that create opportunities for citizen engagement as directed by the Community focus area of the Town’s Strategic Plan.; and WHEREAS Perimeter Bicycling Association of America, Inc. (“Perimeter”) is a nonprofit corporation responsible for the promotion and production of the annual El Tour de Tucson cycling event, which raises money for nonprofit, charitable entities and brings economic impact to the local community; and WHEREAS the Town and Perimeter desire to enter into an agreement regarding the Town’s participation in and financial support of the 2018 El Tour 25-Mile cycling event; and WHEREAS the Town Council finds that the agreement addressed by this resolution is in the best interests 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 agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 2018 El Tour 25-Mile cycling event, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on b e half 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 this resolution. Marana Regular Council Meeting 09/04/2018 Page 211 of 286 00059183.DOC /1 Marana Resolution No. 2018-083 - 2 - PASSED AND ADOPTED by the Mayor and Council of the To wn of Marana, Arizona, this 4th day of September, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 09/04/2018 Page 212 of 286 EXHIBIT A TO MARANA RESOLUTION NO. 2018-083 00059103.DOC /1 2018 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT 8/22/2018 JF - 1 - AGREEMENT BETWEEN THE TOWN OF MARANA AND P ERIMETER BICYCLING ASSOCIATION OF AMERICA, INC. FOR THE 2018 EL TOUR 2 5 -MILE EVENT THIS AGREEMENT (this “Agreement”) is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the “Town”) and P ERIMETER BICYCLING ASSOCIATION OF AMERICA, INC., an Arizona nonprofit corporation (“Perimeter”). The Town and Perimeter are sometimes collectively referred to in this Agreement as the “Parties,” each of which is sometimes individually referred to as a “Party.” RECITALS A. The Town of Marana Strategic Plan Four identifies Community as one of its five focus areas. Under the Community focus area, the Plan includes an initiative to provide exceptional community events that create opportunities for citizen engage ment. B. Perimeter is a nonprofit corporation responsible for the promotion and produ c- tion of the annual El Tour de Tucson cycling event, which raises money for nonprofit, charitable entities and brings economic impact to the local co mmunity. C. The Town and Perimeter desire to enter into an agreement regarding the Town’s participation in and financial support of the 2018 El Tour 25-Mile cycling event, taking place on Saturday, November 1 7, 2018. D. The Town finds that the benefits to the Town resulting fr om Perimeter’s promo- tion and production of the 2018 El Tour 25-Mile cycling event have a value at least equal to the fair market value of the financial support to be provided to Perimeter by the Town pursuant to this Agreement. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intent of the Parties in entering into this Agreement, and in consideration of the terms of this Agreement, the Parties hereby agree as follows: 1. Financial support to be provided by the Town . Pursuant to the terms and conditions of this Agreement, including without limitation paragraph 18 (Termination) below, the Town shall provide financial support of $15,000.00 to Perimeter for the 2018 El Tour 25-Mile cycling event, payable as follows: a. The Town will pay Perimeter $7,500.00 within 30 days of the Effective Date of this Agreement. b. The Town will pay Perimeter $7,500.00 on or before October 18, 2018. Marana Regular Council Meeting 09/04/2018 Page 213 of 286 EXHIBIT A TO MARANA RESOLUTION NO. 2018-083 00059103.DOC /1 2018 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT 8/22/2018 JF - 2 - 2. Event promotion by the Town. In addition to the financial support provided purs u- ant to paragraph 1 above , the Town shall also promote the events through the Town’s media/communication outlets , as described in Perimeter’s June 1, 2018 sponsorship proposal to the Town, attached hereto and incorporated herein by this refe rence as Exhibit A. 3. Benefits to be provided to the Town. In exchange for the financial support described in paragraph 1 above, Perimeter shall provide to the Town the benefits and services described in Exhibit A. 4. Books; taxes. Perimeter shall make available to the Town for inspect ion any books, ledgers or statements kept by Perimeter regarding activities conducted pursuant to this Agreement. Perimeter shall be liable for all taxes applicable to the proceeds received by Perimeter under this Agreement, if any. 5. Effective date and duration. This Agreement shall be effective as of the signature date of the last Party to sign this Agreement (the “Effective Date”), and shall remain in effect until December 31, 2018, unless sooner terminated pursuant to paragraph 1 8 below. Notwithstandi ng the foregoing, the indemnification provisions set forth in paragraph 9 below shall survive te rmination of this Agreement. 6. Relationship of the Parties. In the performance of the services contemplated by this Agreement, Perimeter shall act solely as an independent contractor, and nothing e x- pressed or implied in this Agreement shall be construed to create the relationship of employer and employee, partnership, principal and agent, or to create a joint venture between the Town and Perimeter. 7. Use of Town logo and seal. The Town grants Perimeter a limited license to use, at no cost, the Town’s logo and seal in Perimeter’s performance of the services described in this Agreement. Perimeter shall not use the Town’s logo and seal for any other pu rpose or use. Perimeter shall not modify, revise or alter the Town’s logo or seal in any way. 8. Insurance. During the term of this Agreement, Perimeter shall maintain insurance from carriers acceptable to the Town with the following required minimum coverages and limits, and the Town shall be named as an additional insured on the comme rcial general liability insurance policy for the purposes of Perimeter’s activities in rel ation to the events covered by this Agreement: Worker’s Compensation: Statutory Employer’s Liability: U.S. $100,000 Commercial General Liability: U.S. $1,000,000 per occurrence U.S. $2,000,000 aggregate Business Auto Liability: U.S. $1,000,000 combined single limit a. Perimeter shall deliver one or more certificates of insurance evidenci ng cover- age as described in this paragraph 8 to the Town upon execution of this Agreement Marana Regular Council Meeting 09/04/2018 Page 214 of 286 EXHIBIT A TO MARANA RESOLUTION NO. 2018-083 00059103.DOC /1 2018 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT 8/22/2018 JF - 3 - and prior to commencing any activities pursuant to this Agreement. P erimeter shall also deliver new certificates of insurance each time the policy(s) is updated. Al l cer- tificates shall be delivered to the Town’s Legal Department. b. As an additional insured on Perimeter’s commercial general liability policy , the Town shall be provided coverage for any liability arising out of operations pe r- formed in whole or in part by or on behalf of Perimeter. Perimeter shall deliver ad- ditional insured endorsement(s) along with the certificate(s) of insurance required by subparagraph (a) above. The additional insured endorsement form identification number shall also be included withi n the description box on the certificate of insu r- ance and the applicable policy number shall be included on the endors ement. c. All policies required pursuant to this paragraph 8 shall be endorsed to co ntain a waiver of transfer of rights of recovery (subroga tion) against the Town, its agents, officers, officials, and employees for any claims arising out of Perimeter’s work or service. Endorsements evidencing this waiver of subrogation shall be provided to the Town along with all other insurance documentation required by this para- graph 8. d. The certificate(s) shall also stipulate that the insurance afforded Perimeter shall be primary insurance and that any insurance carried by the Town, its agents, officials or employees shall be excess and not contributory insu rance to that provid- ed by Perimeter. Coverage provided by Perimeter shall be primary insurance with respect to all other available sources. e. The insurance requirements specified in this paragraph 8 may not be changed or modified except by written agreement signed by both Parties. f. During the term of this Agreement Perimeter shall give the Town at least 30 calendar days’ written notice prior to a planned cancellation or reduction of any coverage required by this paragraph 8. Perimeter shall give the Town imme diate notice of any other cancellation or reduction of any coverage required by this para- graph 8. Cancellation or reduction of any coverage required by this paragraph 8 is grounds for termination of this Agreement by the Town. 9. Indemnification. Perimeter agrees to defend, save, hold harmless, and indemnify the Town, its officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from Perimeter’s errors, omissions, or negligent acts in the performance of services pursuant to this Agreement, or the errors, omissions or negligent acts of any party Perimeter contracts with in the performance of services pursuant to this Agreement, anyone directly or indirectly employed by Perimeter, or anyone for whose acts Perimeter may be li able . Marana Regular Council Meeting 09/04/2018 Page 215 of 286 EXHIBIT A TO MARANA RESOLUTION NO. 2018-083 00059103.DOC /1 2018 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT 8/22/2018 JF - 4 - 10. Notices. All noti ces, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested , to the following addresses: If to the Town, to: TOWN OF MARANA Attn: Town Manager 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 With a copy to: TOWN OF MARANA Attn: Town Attorney 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 If to P erimeter, to: PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC. Attn: Media Director 2609 E. Broadway Boulevard Tucson, Arizona 85716 Either Party may from time to time designate any other address for this purpose by written notice to the other Party. All notices under thi s Agreement shall be deemed received upon actual receipt. 11. Entire agreement. This Agreement constitutes the entire agreement and unde r- standing of the Parties pertaining to the subject matter of the Agreement and supe r- sedes all offers, negotiations, and othe r agreements of any kind. All prior and conte m- poraneous agreements, representations and understandings of the Parties, oral or wri t- ten, are superse ded and merged in this Agreement. 12. Authority to execute agreement. The individuals executing this Agreement hereby represent that they have full right, power, and authority to execute this Agreement on behalf of their respective Parties. 13. Force majeure. Notwithstanding any other term, condition or provision of this Agreement to the contrary, if any Party to this Agreement is precluded from satisfying or fulfilling any duty or obligation imposed upon it due to labor strikes, material shor t- ages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such P arty, the time period provided herein for the pe r- formance by such Party of such duty or oblig ation shall be extended for a period equal to the delay occasioned by such events. 14. Immigration laws. Perimeter warrants that it will at all times comply with all fed- eral immigration laws and regulations that relate to its employees and with Arizona Revised Statutes section (A.R.S. §) 23 -214 (A). Perimeter acknowledge s 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 Marana Regular Council Meeting 09/04/2018 Page 216 of 286 EXHIBIT A TO MARANA RESOLUTION NO. 2018-083 00059103.DOC /1 2018 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT 8/22/2018 JF - 5 - Agreement, and that the Town retains the legal right to inspect the papers of any e m- ployee who performs work or services pursuant to this Agreement to ensure compli- ance with this warranty. 15. Israel Boycott Divestments. Perimeter certifies that it is not currently engaged in, and agrees for the duration of this Agreement to not e ngage in, a boycott of Is rael as defined by A.R.S. §35-393 16. Conflict of interest. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides for termination in certain instances involving conflicts of i nterest. 17. Attorneys’ fees. The prevailing Party in a civil action to enforce this Agreement shall be entitled to recover fro m the other Party, in addition to any relief to which such prevailing Party may be entitled, all costs, expenses and reasonable attorneys’ fees i n- curred in connection with that civil action. 18. Governing law. This Agreement shall be construed in accordance wi th the laws of the State of Arizona. 19. Termination. a. This Agreement shall be terminated without further action by the Parties if the 2018 El Tour de Tucson event, as described in Exhibit A, is cancelled for any reason. If the event is cancelled, Perimeter shall refund to the Town all financial support provided by the Town to Perimeter pursuant to paragraph 1 of this Agreement with- in 30 days of cancellation of the event. b. This Agreement may be terminated without further liability on 30 days’ prior written notice by either Party upon a default by the other Party of any covenant or term of this Agreement, which default is not cured within 30 days of receipt of wri t- ten notice of default, except that this Agreement shall not be terminated if the d e- fault cannot re asonably be cured within such 30-day period and the defaulting party has started to cure the default within the 30-day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten days from receipt of written notice. c. This Agreement may be terminated by mutual written agreement of the Pa r- ties. 20. Miscellaneous. a. This Agreement may not be modified except in a writing signed by both of the Parties. b. The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or i ntent of such sections or articles of this Agreement. Marana Regular Council Meeting 09/04/2018 Page 217 of 286 EXHIBIT A TO MARANA RESOLUTION NO. 2018-083 00059103.DOC /1 2018 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT 8/22/2018 JF - 6 - c. This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall const i- tute one and the same agreement. IN WITNESS WHEREOF, the Parties have duly executed this instrument below. The “Town”: TOWN OF MARANA, an Arizona munici- pal corporation Ed Honea, Mayor Date: ATTEST: Town Clerk Date APPROVED AS TO FORM: Town Attorney Date “Perimeter”: PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC., an Arizona nonprofit corporation Richard J. DeBernardis, President Date Federal I.D. # _______________________ STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me this _____ day of _______________________, 2018 by Richard J. DeBernardis, President of PERIMETER B ICY- CLING ASSOCIATION OF AMERICA, INC., an Arizona nonprofit corporation, on behalf of the corporation. (Seal) Notary Public Marana Regular Council Meeting 09/04/2018 Page 218 of 286 EXHIBIT A TO MARANA RESOLUTION NO. 2018-083 00059103.DOC /1 2018 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT 8/22/2018 JF 7 LIST OF EXHIBITS Exhibit A: Perimeter’s Sponsorship Proposal, dated June 1, 2018 Marana Regular Council Meeting 09/04/2018 Page 219 of 286 - 1 – Exhibit A to Agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 201 8 El Tour 25-Mile Event Prepared by: Marilyn Hall, Media Director 2609 E. Broadway, Tucson, AZ 85716 Phone (520) 745-2033 Fax: (520) 745-1992 media@perimeterbicycling.com www.perimeterbicycling.com June 1, 2018 Perimeter Bicycling Association of America, Inc invites Town of Marana aaasss TTTiiittt lll eee SSSppp ooo nnnsssooorrr ooo fff ttt hhh eee 222000111 888 EEElll TTTooo uuu rrr 222555---MMMiiillleee EEE vvveeennn ttt RRRiiidddeee DDDaaa yyy,,, SSS aaatttuuurrrddd aaayyy,,, NNNooovvveeemmmbbb eeerrr 111777 ,,, 222000 111888 Marana Regular Council Meeting 09/04/2018 Page 220 of 286 - 2 – Exhibit A to Agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 201 8 El Tour 25-Mile Event --------------------- Contents ------------------- Proposal Invitation………………………..…………… 3 Town of Marana-El Tour Promotional Program……. 3 El Tour Credits & Distinctions ……………………… 3 Event Description - History ……………………….… 4 - Registration Statistics …….…… 4 - Event Beneficiaries Fundraising 4 - Event Description ……………… 4 - Economic Impact …………...…. 5 - Calendar of Event Activities ….. 5 Perimeter Bicycling ………………………………….. 6 & 7 Your Funds to Perimeter ………………………..…… 7 Benefits ……………………………………………..… 7 – 10 Requests …….………………………………………… 11 Agreement Form ….……………………………….… 11 Thank you for reviewing the contents of this Invitation & Proposal Marana Regular Council Meeting 09/04/2018 Page 221 of 286 - 3 – Exhibit A to Agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 201 8 El Tour 25-Mile Event Invitation Perimeter Bicycling Association of America, Inc . respectfully invites Town of Marana as “The 2018 Title Sponsor of the El Tour 25 -Mile Event ” El Tour–Town of Marana Program Description Perimeter Bicycling Association of America, Inc., a 501(c)(3) non-profit organization and the producers of the annual El Tour de Tucson, has created a promotional program that will describe the role of the Town of Marana in El Tour and create an awareness of the Town of Marana as a separate community with its own identity as a cycling region within Pima County, Arizona. Perimeter Bicycling will focus on giving the Town a prominent feature in El Tour by continuing a cycling event in its main attractions entitled “The 2018 Town of Marana El Tour 25 -Mile Event ” ; thereby having 4 major cycling events in El Tour: 100-75-50 & 25-miles. All the benefits and requests are listed in this invitation & proposal along with a description of El Tour. El Tour Credits & Distinctions Largest Cycling Event in State of Arizona and 7th largest cycling event in the United States (between 8,700 – 9,200 cyclists annually and 2,000 volunteers) 2nd Largest Economic Impact Event in Southern Arizona with an impact of $13 Million - $20 Million impact on ride weekend alone and 2 – 5 times that amount year-round according to 1999/2000 Eller School- El Tour Economic Impact Study The one single cycling event that raises money for more non-profit organizations than any other cycling event in United States. This year El Tour will benefit more than 50 non-profit organizations. Over $12 Million was raised in 2017 El Tour and in 2018 expecting to raise over $15 Million Received distinguished honors by University of Arizona and The National League of American Bicyclist s for turning an entire city and county into a healthier community through bicycling Responsible for having our community being acknowledged as “The #1 Bicycle City in United States” (Outside Magazine, 2012) and often referred to as “The Bicycle Capital of America” Marana Regular Council Meeting 09/04/2018 Page 222 of 286 - 4 – Exhibit A to Agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 201 8 El Tour 25-Mile Event Event History El Tour de Tucson was founded in 1983 with a focus on raising funds for a credible , recognizable, non-profit charitable agency and to encourage cyclists of all ages and abilities to take up cycling as a means to a healthier lifestyle through adopting bicycling as a daily means of staying fit both psychologically and physically. Since its inception 35 years ago, El Tour de Tucson has led to the development of many other fundraising cycling events, including but not limited to the follo wing: El Tour de Mesa, Cochise County Cycling Classic, Tour of the Tucson Mountains and El Tour de Mt Fuji (Japan). Perimeter Bicycling’s flagship event, El Tour de Tucson, is now approaching its 36th year of operation in 2018 and has become Arizona’s largest road cycling event and the 7th largest cycling event in the United States. Registration Statistics: In 1983 the event had a total of 198 cyclists and has grown to its highest registration in its 25th year (2007) to 9,120. In the past 5 years, El Tour’s registration ranged from 8,200 – 8,700 cyclists. The 36th El Tour de Tucson is expected to break the attendance record and attract over 9,000 cyclists. Event Beneficiaries & Fundraising: In following the tradition, values and objectives of Perimeter Bicycling Association of America. Inc., all of its cycling events benefit a recognizable nonprofit 501(c)(3) charitable agency; thereby keeping with our motto, cycling in pursuit of a cause. This year’s 36th El Tour de Tucson will benefit 50-plus national and/or regional nonprofit agencies. Projected Fundraising for 2018: Perimeter Bicycling is projecting to raise over $15 million from the 36th El Tour. It is further projected that the “primary” beneficiary, Easter Seals should receive between $250,000 & $300,000 in the 201 8 event. In 1983 El Tour raised $4,500 for the American Diabetes Association and in 2001 (the 19 th El Tour) raised $3,156,937. In the event’s 34-year history over $76 Million has been raised for non-profit organizations including: American Diabetes Association, American Parkinson’s Disease Association, Arthritis Foundation, Ben’s Bells, Carondelet Rehabilitation Services of Arizona, Community Food Bank of Tucson, Diamond Children’s Medical Center, Easter Seals, GSA-USA- ECO Flag Project, Huntsman Cancer Institute of Utah, Juvenile Diabetes Research Foundation (JDRF), League of American Bicyclists, Leukemia and Lymphoma Society, Rotary International Polio Plus, Tucson Association of the Blind & Visually Impaired, Tu Nidito Children & Family Services, Water for People, and other Perimeter Bicycling Charities Event Description El Tour de Tucson is an event for cyclists of all ages and abilities that includes a 100-mile ride around the Perimeter of Tucson, Arizona along with 75, 50 & 25-mile events. In addition, there is a Fun Ride of 11, 6 and ¼-miles. At times the event distances can change due to construction along the course. Marana Regular Council Meeting 09/04/2018 Page 223 of 286 - 5 – Exhibit A to Agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 201 8 El Tour 25-Mile Event The 100-mile event and Fun Ride start and finish in the heart of downtown Tucson while the other three events (75, 50, and 25-mile events) are remote starts along the 100-mile route and finish in the downtown area along with the 100-mile and Fun Ride events. There are different starting points, but the same finish line for all events. There are 15 -20 aid stations along the 100-mile route supplied with three different kinds of fruit, water, cookies and pretzels. Each aid station is staffed by a different volunteer community group. Some of these groups have been doing the same aid station for over 30 years. Medical and emergency support has been supplied by AZ1 -DMAT, a statewide emergency team that was started in each state after 9-11. During the course of 10 months prior to El Tour, every municipality attends a monthly route meeting to plan and orga nize the route for the next El Tour. Municipalities include: the police, transportation and risk management departments from Oro Valley, City of Tucson, Town of Marana, ADOT and Pima County along with the staff from Perimeter Bicycling and the 4-6 different barricade companies. Economic Impact Based on an economic impact study performed by the Graduate School of Business at the University of Arizona in 2000, it is estimated that for every 1,000 cyclists, there is an economic impact of $1.5 - $2 Million dollars on the local community; therefore, Perimeter Bicycling is projecting between a $13-18 Million economic impact on Pima County, Arizona community through its 36th El Tour de Tucson. Calendar of Event Activities and Program: El Tour Ride Day is Saturday, November 17, 2018 Projected Event Activities & Programs Dates Attendance - El Tour Loop the Loop 2nd weekend of September 300 – 500 - El Tour Swap Meet Sat before El Tour Ride Day 4,000 – 6000 - Indoor El Tour 8 days beginning Sat before El Tour Ride Day 3,000 – 4,000 - Dedication Dinner Weds before Ride Day 500 - 750 - Platinum Meetings (4) Thurs & Fri of El Tour Week 600 - 800 - Orientation Meetings (34-40) Thurs & Fri of El Tour Week 1,000 – 3,000 - EXPO – Indoor Thurs & Fri of El Tour Week 15,000 – 25,000 - EXPO – Outdoor @ start-finish line Sat, Ride Day, Nov 17, 2018 25,000 – 30,000 (a.k.a. El Tour Downtown Fiesta) - Ride Day Radio Show Sat, Ride Day, Nov 17, 2018 Entire Pima County Community - 100-Mile cycling event Sat, Ride Day, Nov 17, 2018 3,500 – 5,000 - 75-Mile cycling event Sat, Ride Day, Nov 17, 2018 600 – 800 - 50-mile cycling event Sat, Ride Day, Nov 17, 2018 1,500 – 2,000 - 25-mile cycling event Sat, Ride Day, Nov 17, 2018 500 – 600 - Fun Ride of 11, 5 & ¼-mile Sat, Ride Day, Nov 17, 2018 600 – 1,000 - Bike Patrol Sat, Ride Day, Nov 17, 2018 200 – 300 Marana Regular Council Meeting 09/04/2018 Page 224 of 286 - 6 – Exhibit A to Agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 201 8 El Tour 25-Mile Event - Grand Cycling Awards Ceremony Sat, Ride Day, Nov 17, 2018 600 – 1,000 Note: Event closes on Ride Day: 5:00 pm Perimeter Bicycling Association of America, Inc. is a 501(c)(3) nonprofit, tax-exempt organization responsible for the promotion and production of five major cycling events: El Tour de Tucson, El Tour de Mesa, Cochise County Cycling Classic, El Tour Loop the Loop and Indoor El Tour. In addition, Perimeter Bicycling publishes Tail Winds, a quarterly newspaper, Perimeter Bicycling Journal, an annual magazine and Perimeter E-News, an electronic publication distribute twice a month to 20,000 – 25,000 active members. Each Perimeter Bicycling event raises funds for a specific nonprofit charitable agency and in its 34- year history; Perimeter Bicycling has raised more than $77 million dollars for local and national charitable organizations. Perimeter Bicycling establishes world records in perimeter cycling and maintains a database of approximately 202,000 cyclists. Our motto is: “One learns more by going around than by cutting across.” \ I. To establish bicycling as a way to good mental and physical health as well as a means of recreation, transportation and physical achievement. II. To raise funds for other worthy non-profit 501(c)(3) charitable agencies. III. To aid in the economic development of the State of Arizona, as well as the event’s hosting city and county. IV. To establish Pima County as the bicycle center of America. V. To promote bicycling as a means of reducing air pollution. VI. To encourage individuals to adopt bicycling as a natural activity in their daily life. VII. To produce bicycling events for cyclists of all ages and abilities. Objectives of Perimeter Bicycling Association of America, Inc. What is Perimeter Bicycling? Marana Regular Council Meeting 09/04/2018 Page 225 of 286 - 7 – Exhibit A to Agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 201 8 El Tour 25-Mile Event Benefits As an official Partner of the 2018 El Tour de Tucson, Town of Marana will receive the following benefits: (1) Official Event Sponsor Title : The Town will be officially recognized accordingly: Town of Marana El Tour 25-Mile Event (2) Exclusivity: Perimeter Bicycling will not promote any other sponsor with the titles listed in Benefit #1. This title is reserved exclusively for Town of Marana . (3) Tail Winds Advertising: You will be given a half page, full color ad in each of the following issues of Tail Winds: Autumn 2018, Winter 2019 (the El Tour Results issue), and Spring 2019 issues of Tail Winds. Tail Winds is a quarterly newspaper and features articles on all aspects of health, fitness, exercise, cycling, running, triathlons and other outdoor activities and events. Tail Winds is published by Perimeter Bicycling and has a d istribution of 30,000 with a direct mailing of 12,500 and 17,500 distributed throughout retail shops and events in Arizona and surrounding states. Note: a) Sponsor must provide digital artwork. b) Deadline for advertising is the 5 th of the month prior to month of publication. (4) Additional Tail Winds Promotion In addition to the ads above, Perimeter Bicycling will run articles in 2 issues of Tail Winds showing the public how the TOWN is a bicycle region and to encourage El Tour cyclists to return to the TOWN after El Tour during the Winter & Spring for training and/or touring. Tail Winds will also feature different activities that related to health & wellness to show how the TOWN is a “Health & Wellness Community”. (5) Website Promotion: Town of Marana logo and name will be displayed with the scrolling logos on Perimeter Bicycling’s home page and El Tour home page. (6) Separate Town of Marana Page on Website : Perimeter Bicycling will work with the Town to place a map on Perimeter’s website showing the Town’s map with bicycle paths, or link to the Town’s map showing all the bicycle related roads and activities. In addition, Perimeter will list in this section all annual activities in the Town that are related to Health & Wellness. Marana Regular Council Meeting 09/04/2018 Page 226 of 286 - 8 – Exhibit A to Agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 201 8 El Tour 25-Mile Event (7) El Tour Route Map to accentuate the Town of Marana boundaries , differentiating it from Tucson, and Oro Valley to show that the TOWN is a separate geographical area in Pima County. This map will be displayed in Tail Winds, the Journal, the Perimeter website, and at times in Arizona Daily Star. In addition, 10,000-15,000 copies will be printed to distribute to cyclists, volunteers and supporters. (8) Event Packet Stuffing, two options: You may provide promotional material for the approximately 9,000 to 10,000 event packets that are given to cyclists and volunteers. Or, you have the option to choose to use El Tour’s Virtual Event Bag. Promotional pieces must be delivered to the Perimeter Bicycling packet stuffing site October 23, 2018. El Tour’s Virtual Goodie Bag: El Tour goes green!!!! In addition to the traditional packet stuffing, Perimeter is offering for our sponsors to take part in El Tour Virtual Goodie Bag. A special software platform will provide event participants an on-line link to retrieve offers and coupons provided by El Tour event sponsors. This eliminates the cost of printed paper and/or coupons. Your offer can be anything: a coupon promoting a product or service, a discount in another one of your events, enticement to come to your booth at El Tour EXPO, discounts at restaurants, theaters or retail shops. The promotion is endless – and trackable! Your Perimeter Rep will give you more details after you decide what type of promotion you would like this year: packet stuffing, virtual or both! (9) Complimentary Full Page ad in Ride Information Booklets You will be given a complimentary full page Black & White ad in the event’s Rules and Information Booklet (otherwise known as the Event Manual). Size of full page ad is 7.5” x 10” You are responsible for the production of this ad. Must be provided in digital format and delivered to Perimeter Bicycling by September 30 , 2018. (10) Sponsor Banners: Town of Marana may provide up to four (4) of their own banners, which will be placed along El Tour’s main start/finish line in downtown Tucson. (11) Event Entries: Town of Marana will receive five (5) individual entries that can be used in any El Tour event distance including the Fun Ride. Entries can be given to employees, clients, and family members at your discretion. (12) El Tour Flags : Perimeter Bicycling will design two (2) El Tour-Town of Marana Flags featuring the Town of Marana’s logo as of August 17, 2018, that will be placed at the following locations: (a) El Tour EXPO (b) El Tour Downtown Start-Finish Lines Notes: These flags may be used by the Town during the course of the year at other Town activities or functions. Only the Town’s name will appear on these flags. Marana Regular Council Meeting 09/04/2018 Page 227 of 286 - 9 – Exhibit A to Agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 201 8 El Tour 25-Mile Event (13) El Tour-Town of Marana Promotional Banner: Perimeter Bicycling will produce a special promotional banner to carry the full name of the TOWN’s official title. This banner will be hung: El Tour EXPO Downtown Tucson on Ride Day (14) Name on all El Tour applications next to the 25-Mile event (15) Start Line s upplies and equipment to be paid by Perimeter Bicycling including: Scaffolding, sound equipment, fencing, start-line banner, DJ and other equipment related to the construction of start-line (16) Separate 25-Mile El Tour Application will be designed to encourage Town of Marana Residents to ride in El Tour 25-mile event that will include a special rate for residents. Note: Application Entry will have a deadline of end of October. (17) Mayor or other dignitaries will be introduced at annual El Tour News Conference (18) All medallions that are presented to the 25-mile finishers will carry the name of the TOWN on the ribbon that is attached to the 25-mile medallion (19) The 25-Mile event will start at 1 pm to allow cyclists from the other events to register and ride in the 25-mile event after they finish their other El Tour event (20) 25-Mile event will focus on youth and families (21) All 25-mile placement awards will be named after the TOWN: 1 st through 4th place male and female (22) Special 25-Mile El Tour Start-line Banner produced and paid for by Perimeter and placed at the start of the event. (23) Mayor or another dignitary will be able to start the event (24) (Optional) Perimeter will work with other groups (such as recreational department) o r businesses in Town of Marana that might want to add other activities to the 25-Mile starting area, like an art show, fun ride, run event, fun festival, in-line skating event, etc. These activities may be added, but the organization who wants to team up with El Tour officials must pay for all expenses related to any new event or activity created. Perimeter Bicycling will promote these additional activities in their media resources. (25) Additional Benefits (a) increase in direct spending to the TOWN’s restaurants, hotels, museums and other retail businesses (b) increase in recognition on a national level as a bicycle friendly community (c) post-event Tourism, especially in Winter & Spring (d) additional Recreational Activity for the TOWN community Marana Regular Council Meeting 09/04/2018 Page 228 of 286 - 10 – Exhibit A to Agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 201 8 El Tour 25-Mile Event (e) becoming a recognizable partner in the production and success of America’s largest Perimeter Bicycling Event (26) Right of First Refusal: Town of Marana will have the right of first refusal as the Official Sponsor of the 25-mile Start in subsequent El Tours after 2018. For your Right of First Refusal to remain in effect, Perimeter Bicycling must know of your decision in writing to sponsor subsequent El Tours within 30 days after presentation of the 201 9 “Official El Tour 25-mile Start” proposal. If your decision is not received in writing within this 30 -day timeframe, Perimeter has the right to seek another Official 25-mile Start Sponsor and/or discontinue the 25-mile El Tour event. Requests Perimeter Bicycling makes the following requests of Town of Marana in 2018 for the benefits listed in this package to promote Town of Marana as a leading bicycling c ommunity through the 2018 El Tour: (1) Underwriting Fee : Pay $15,000 to Perimeter Bicycling Association of America, Inc. to help with event expenses for the 2018 El Tour de Tucson. (2) Fee Payment Schedule: Fees are to be paid to Perimeter Bicycling as follows: • $7,500 due within 30 days of agreement signatures • $7,500 due 30 days advance of event date (3) Getting Involved: Promote your involvement with El Tour to your entire community through in-house newsletters, mailings or other event or activities; and encourage participation in El Tour as a sponsor, voluntee r, spectator and/or contributor, and as a rider in the 25-mile event. (4) Promotional Tag-Ons: Promote El Tour by “tag-ons” to any existing media spots you run during the signing of this agreement until 11/17/18. (5) Contractual Credits : When promoting El Tour through your own media sources, please always include the following El Tour entities: Name of El Tour’s Main Event Title Sponsor (if any), presenting sponsor and event’s beneficiaries. Marana Regular Council Meeting 09/04/2018 Page 229 of 286 - 11 – Exhibit A to Agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 201 8 El Tour 25-Mile Event Marana Regular Council Meeting 09/04/2018 Page 230 of 286      Council-Regular Meeting   C12        Meeting Date:09/04/2018   To:Mayor and Council Submitted For:Jocelyn C. Bronson, Town Clerk From:Suzanne Sutherland, Assistant to the Town Clerk Date:September 4, 2018 Subject:Approve August 7, 2018 Regular Council Meeting Minutes and approve August 14, 2018 Study Session Meeting Minutes (Jocelyn C. Bronson) Attachments Draft August 7, 2018 Regular Council Meeting Minutes Draft August 14, 2018 Study Session Meeting Minutes Marana Regular Council Meeting 09/04/2018 Page 231 of 286 August 7, 2018 Regular Council Meeting Minutes 1 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers August 7, 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 John Officer, 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. Council Member Kai was excused; there was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE . Led by Mayor Honea. APPROVAL OF AGENDA. Motion by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 6-0. CALL TO THE PUBLIC . Mayor Honea noted that there is a sewer item on tonight’s agenda that is not related to a water quality issue that many in the audience may be here for. The water quality item will be on the August 14, 2018 study session agenda, which begins at 6:00 p.m. However, anyone wishing to speak to the water quality item may speak during Call to the Public tonight; however, the Council is prohibited from addressing comments during Call to the Public. Jack Neubeck, Joyce Reid, David Morales, William Eldridge, Jack Ferguson and Shawna Larsen all voiced their concerns regarding the water quality issue affecting Saguaro Bloom and Continental Reserve residents. Additionally, Mr. Morales strongly suggested that Council use reserve funds to fix the issue and to fix the San Lucas access issue. William Eldridge Marana Regular Council Meeting 09/04/2018 Page 232 of 286 August 7, 2018 Regular Council Meeting Minutes 2 commended the Marana Police Department for their service to residents throughout the community. PROCLAMATIONS P1 Proclaiming August 2018 as Drowning Impact Awareness Month (Jocelyn C. Bronson) Ms. Bronson read the proclamation which was presented by Mayor Honea to Captain Brian Keeley of Northwest Fire District and Christina Boucher, owner of Aqua Solutions, representing the Drowning Prevention Coalition of Arizona. Captain Keeley addressed Council with a few remarks about the success of the initiative, noting that when he came before Council last year with this proclamation, Northwest Fire District had already responded to what became several fatalities due to drowning. This year there were none. The steps everyone has taken such as adult supervision , barriers around pools and people being trained in CPR makes a difference. He thanked staff and Council for their continued support. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS . No reports. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS . Mr. Mehta stated that the Council Executive Report was placed on the dais . This report is an indicator of things that are happening regarding what has been built and/or supplied. In July there was 79 new building permits issued which is comparable to the number of permits issued in both May and June. The report is also available on the web under “Council Reports.” PRESENTATIONS CONSENT AGENDA. Motion to approve by Vice Mayor Post, second by Council Member Ziegler. Passed unanimously 6-0. C1 Resolution No. 2018-068: Relating to Development; approving a final plat for Potter Ranch Block 1, Lots 1 thru 5 and Block 2, Lots 6 thru 9 located north of Marana Road and west of Luckett Road; and approving and authorizing the Mayor to sign the Potter Ranch Right-of-Way Acquisition and Development Agreement (Brian D. Varney) C2 Resolution No. 2018-069: Relating to Development; approving a preliminary plat for Gladden Farms Blocks 40 & 41 Lots 1 -119, Common Areas A-1 - A-11 and Common Areas B-1 - B-3 at the northeast corner o f Midfield Road and Tangerine Road (Steven E. Vasquez) Marana Regular Council Meeting 09/04/2018 Page 233 of 286 August 7, 2018 Regular Council Meeting Minutes 3 C3 Resolution No. 2018-070: Relating to Development; approving a release of assurances for Gladden Farms Block 14 & 15 Lots 71 through 138 and accepting public improvements for maintenance (Keith Bra nn) C4 Ordinance No. 2018.014: Relating to Finance; amending the Town of Marana comprehensive fee schedule to add fees for Extra Duty Police Services Holiday Rates; and declaring an emergency (Jane Fairall) C5 Resolution No. 2018-071: Relating to Devel opment; approving and authorizing the Mayor to sign an Intergovernmental Agreement between the Town of Marana and the Vanderbilt Farms Community Facilities District regarding ownership and maintenance of Farm Field Five public sewers; and declaring an emer gency (John Kmiec) C6 Relating to Procurement; ratifying the Town Manager's approval of a change order to the Tangerine Sky Park (PK014) construction contract with Tangerine Corridor Constructors in the amount of $56,255.00; 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) C7 Resolution No. 2018-072: Relating to Emergency Management; approving and accepting a FFY 2018 Emergency Management Performance Grant (EMPG) award as a subrecipient of the Arizona Department of Emergency & Military Affairs, Division of Emergency Management (Rachel Whitaker) C8 Resolution No. 2018 -073: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 2 - Employment Process, Chapter 3 - Classification and Compensation, Chapter 4 - Employment Benefits and Leaves, Chapter 5 - Work Rules and Employee Discipline, Chapter 6 - Performance Management and Employee Development, and Chapter 8 - Termination of Employment (Curry C. Hale) C9 Relating to Procurement; approving a change order to the Tangerine Rd. Corridor I10 to Town (ST021) project construction contract with Tangerine Corridor Constructors in the amount of $88,768.00; 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) C10 Approve June 12, 2018 Study Session Meeting Minutes and approve June 19, 2018 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application Marana Regular Council Meeting 09/04/2018 Page 234 of 286 August 7, 2018 Regular Council Meeting Minutes 4 submitted by Mark Tkach on behalf of Harley -Davidson of Tucson for RideNow/CAG Charitable Foundation to be held on October 13, 2018 (Jocelyn C. Bronson). Ms. Bronson noted that this application had been properly reviewed and posted. There being no protests, staff recommends approval. Motion to approve by Council Member Ziegler, second by Council Member Bowen. Passed unanimously 6 -0. BOARDS, COMMISSIONS AND COMMITT EES COUNCIL ACTION A1 Resolution No. 2018-074: Relating to Development; approving and authorizing the Mayor to sign the Second Amendment to the Gladden Farms II Development Agreement (Frank Cassidy). Mr. Cassidy noted that this is the time for review, consideration and hopefully approval of Gladden Farms II Second Amendment to the Development Agreement. When the specific plan for Gladden II was coming through, there was a commitment to build some fields down in the Gladden Farms Community Park. This development agreement brings that commitment forward and requires them to build the fields within the first two years or the 400 th permit, whichever comes first. The agreement also covers other infrastructure that was affected by moving roads around. Some original provisions have been revised. The sewer has been built to serve most of Gladden II, so this provision says that they will contribute their fair share amount to that. Over the next couple of council meetings, Council will be seeing a protected main agreement that will adopt a fee for everyone who uses that sewer to help us pay back a portion of the cost, which is something staff and Council had talked about prior to building the sewer. Staff is recommending approval of the amendment. Motion to approve by Council Member Ziegler, second by Vice Mayor Post. Passed unanimously 6-0. A2 Resolution No. 2018-075: A resolution of the Mayor and Common Council o f the Town of Marana, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with the Water Infrastructure Finance Authority of Arizona from its Clean Water Revolving Fund Program; delegating the determination of certain matters relating thereto to the manager and the finance director of the Town; providing for the transfer of certain moneys and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consu mmation of the transactions contemplated by such loan agreement and this resolution; and declaring an emergency (John Kmiec). Mr. Kmiec noted that in May, Council adopted Resolution No. 2018 -47 which authorized the acquisition of the Adonis Mobile Home Park wastewater conveyance system. This has been an issue for the neighborhood and the town for many years. They have a private wastewater system in much need of repair. The town has been working with the Water Infrastructure Finance Authority of Arizona (WIFA), and at this time we are now ready to begin. WIFA has approve d the loan and has delivered a proposed loan agreement . They require that the town adopt a resolution approving the loan agreement. The town’s bond attorney has Marana Regular Council Meeting 09/04/2018 Page 235 of 286 August 7, 2018 Regular Council Meeting Minutes 5 reviewed all the documents associated with the loan which will allow the town to construct a new sewer solution for Adonis. The anticipated loan closing date is August 10, 2018. As part of this resolution, the town must own the Adonis Mobile Home Park wastewater conveyance system, and we have worked with the Adonis homeowners’ association (HOA) on the documents necessary for the transfer of the system from the HOA to the town. The resolution also includes an emergency clause to allow the resolution to take effect immediately. Therefore, we can close this week with WIFA. The principal amount is for $1,481,990 which will be used for cleaning, repair and building a new lift station to connect the neighborhood system to the Marana Municipal Sewer System, with 50% of that loan being forgi vable principal. Motion to approve with an emergency clause by Vice Mayor Post, second by Council Member Comerford. Passed unanimously 6-0. ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Relating to Legislation and Government Actions; discussion and possibl e action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta). No report. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Counci l 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 c oncerning 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). Vice Mayor Post asked that staff to look into using the existing Parks & Recreation administration building for the Marana Chamber of Commerce Visitors Center once the police department takes possession of their new facility and the Parks staff moves to the existing police building. Mayor Honea and Council Members Bowen and Comerford supported the request. The second item that he asked to put forward is for Council and staff to come prepared to the study session on August 14 to make a decision on the water quality item. Council Marana Regular Council Meeting 09/04/2018 Page 236 of 286 August 7, 2018 Regular Council Meeting Minutes 6 Member Ziegler asked what information would be presented at the study session that hasn’t been presented previously. Mr. Mehta responded that the information provided by staff about a week or so ago for a privately organized small meeting was not given to Council. Council has had separate sit -down meetings, identifying what staff knew at the time, but not necessarily examining all of the options that were on the table. The study session will be an opportunity to start from the beginning to identify how we ended up in the situation where we are today and then identify some of the likely solutions for Council to explore. Ultimately, it’s Council’s direction to staff to identify whether this is something that needs to be addressed right away, or if there is any reason to wait for alternatives or solutions that our consultants had suggested previously. If there is a particular one that appeals to the majority of the Council, that is the one staff will take. Council Member Ziegler also encouraged staff to come fo rward at the study session with options on how to mitigate this situation. She also commended the water department staff and Mr. Montague who presented this item at the privately organized meeting; they did an excellent job. ADJOURNMENT . Motion to adjourn at 7:48 p.m. by Vice Mayor Post, second by Council Member Comerford. Passed unanimously 6-0. CERTIFICATION I hereby certify that the foregoing are the true and correct mi nutes of the Marana Town Council meeting held on August 7, 2018. I further certify that a quorum was present. _______________________________________ Jocelyn C. Bronson, Marana Town Clerk Marana Regular Council Meeting 09/04/2018 Page 237 of 286 August 14, 2018 Study Session Minutes 1 MARANA TOWN COUNCIL STUDY SESSION 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 14, 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 John Officer, Council Member Roxanne Ziegler, Council Member CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:01 p.m. All Council Members were present. APPROVAL OF AGENDA. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. CALL TO THE PUBLIC . Ed Stolmaker, President and CEO of the Marana Chamber of Commerce for 15 years, announced that due to health reasons he would be leaving his position as of December 31, 2018. He thanked the town Council and staff for all of their support over the years, and noted that it wasn’t an easy decision to leave , but it was in the best interests of the Chamber. The Executive Committee of the Chamber will be the search committee to choose the next CEO, and they hope to have their slate of candidates by October 15th so that they can make their decision by the end of the year. DISCUSSION/DIRECTION/POSSIBLE ACTION D1 Presentation: Relating to Community and Intergovernmental Relations; a presentation from newly appointed Fire Chief Brad Bradley of Northwest Fire District regarding the status of the District and planned initiatives (Tony Hunter). Marana Regular Council Meeting 09/04/2018 Page 238 of 286 August 14, 2018 Study Session Minutes 2 Jamsheed Mehta introduced Chief Brad Bradley , noting that the partnership between the town and Northwest Fire District (NWFD) has existed for decades, and this is a good opportunity to learn what will be forthcoming under Chief Bradley’s leadership . Chief Bradley noted that he replaced outgoing Chief Brandt on July 1, 2018. He thanked Council and staff for inviting him to speak and for the support the town has shown NWFD over the years . He has been in the fire service in this community for 23 years and is very passionate about his service and also his ability to serve and grow with the town. He noted that NWFD has been in existence since 1983. Currently, the district has 246 employees, covers 10 stations within 140 square miles , and serves 117,000 residents and 3,500 businesses with primary funding through a secondary property tax. The district responds to 15,000 -16,000 calls annually; the majority of those related to medical issues. Chief Bradley emphasized NWFD as a regional partner . These partnerships as well as regional automatic aid agreements allow NWFD to double their response time. As an example, within the town of Marana, NWFD can bring 23 -24 engines to an event. The total capital operating budget is $65M, and the general obligation fund is $4M. The combined tax rate, including a proposed bond tax, is $3.05. The proposed bond projects of $23.6M includ e four fire stations and an administrative headquarters, all within the town of Marana. Insurance Services Office (ISO) rating is an important component for the public. NWFD currently hold s a Class 2 certification which is the second highest given, putting NWFD in the top 3 percent nationwide. However, NWFD is undergoing a review for a re -grading of their ISO as they are just a few points away from achieving an ISO 1classification. They should know within the next 4 weeks if that will be achievable. Tonight is the first public announcement that last week NWFD, through a third party audit, was accredited for another 5 years. There are only 247 accredited agencies nationwide out of 30,000. This designation brings an additional level of credibility, transparency and review to the organization. Five of the six major initiatives under the Strategic Plan are directly related to the Town of Marana. The goals are establishing financial efficiencies, developing mission -centered relationships, improving internal communications, professional development, providing pre - hospital medical care and maintaining financial sustainability. Chief Bradley answered questions from Council related to the location of their new administration building, the location of the new fire stations and the provision of ambulance services. D2 Resolution No. 2018-076: Relating to Police Department; approving and authorizing the Chief of Police to execute a Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2019 (Rachel Whitaker). Mayor Honea noted that this item would normally be on a regular agenda as a consent item. However, this item needed to be approved prior to the next regular Council meeting and was therefore set forth here. He asked for a motion. Motion by Council Member Bowen, second by Council Member Ziegler. Passed unanimously 7-0. Marana Regular Council Meeting 09/04/2018 Page 239 of 286 August 14, 2018 Study Session Minutes 3 D3 Presentation; Relating to Utilities: update, discussion and consideration regarding Unregulated Compounds in the Marana Water System (John Kmiec). Mr. Kmiec started with background information, beginning with the discovery of TCE contamination at the Tucson airport in the 1980’s. Fast forward to 2014, when Tucson Water’s plant to treat TCE and 1,4 -Dioxane (1,4-D) went online. In late 2016, Tucson Water notified Marana Water and Metro Water that they were finding higher levels of 1,4-Dioxane and PFA’s above current health advisories on the northwest side of Tucson (Marana). Marana confirmed 1,4-Dioxane in wells and notified its customer base. Tucson Water and Metro Water turned off their affecte d groundwater sources. In 2017 Marana sent a letter to ADEQ asking for an investigation and then initiate d a water quality assessment study to identify potential solutions to the issues. ADEQ launche d a study to collect data from the public and private gro undwater sources. In December, Marana finalized the Water Quality Assessment report. Next, Mr. Kmiec described the difference between a regulatory standard and a health advisory, noting that a regulatory standard has a fixed value defined by the Safe Drink ing Water Act or Clean Water Act. A health advisory is not an enforceable standard and is generally set after limited toxicological research studies. Next he described perfluorinated compounds such as PFOA and PFOS. These compounds are often found in st ains, water and grease repellants. They are also found in drinking water and can affect the environment as well as stay in the human system for periods of time . Of the several wells in the Marana Water service area, those with a slightly higher PFOA/PFOS are in the Picture Rocks and Airline/Lambert/Saguaro Bloom wells. The North Marana, Hartman Vistas, Airport, Palo Verde and Tangerine Business Park wells had either undetected or very low limits. Next, Mr. Kmiec described 1,4-Dioxane, which is a solvent stabilizer that is commonly used with other chemicals and products such as paints and waxes. It is also found in shampoos, colognes, perfumes and some food prod ucts. Research is ongoing as to whether it is a human carcinogen and whether its long-term effects cause kidney and liver damage. Arizona does not have established guidelines, so Marana Water is using the current and most conservative federal EPA guideli ne. There are many variables which staff has been researching in order to properly address the issue such as (1) Will the EPA meet their timeline of Fall 2018 to release guidance and cleanup criteria for soil and groundwater contamination; (2) Based on the limited data set of PFA levels, will the current gradual decline continue; (3) Is the source of the PFA compounds deriving from a single source contributor or the community at large; (4) Is there a primary single source contributor, or is it the commun ity at large that is producing the levels we are seeing; (5) The federal guideline lists two levels of risk exposure to consider: 200 ppb for a cancer risk of one in 10m000 or 0.35 ppb for a lifetime Health Advisory for a one in one million risk of affect. Which one should the community use for guidance . Our values in affected areas are around 1 ppb ; (6) If 1,4- Dioxane remains in consumer products, this compound will be used by the entire community and will most likely stay in use for the indefinite futur e, thus entering our Marana Regular Council Meeting 09/04/2018 Page 240 of 286 August 14, 2018 Study Session Minutes 4 watershed. Will manufacturers be reducing 1,4 -Dioxane in the future within their products; (7) Is there a national and local trend of decreasing concentrations; and (8) Will this compound ever be regulated as a drinking water standard ? As far as alternatives based on current information, Marana Water began voluntary testing for emerging compounds in the fall of 2016. That resulted in the discovery that Airline-Lambert and Picture Rocks water systems were predominantly affected. Customer notification began, and Carollo Engineers were hired to evaluate blending and treatment alternatives. In 2017, we finalized the Groundwater Qua lity Improvements report with Carollo Engineers. During this plan, we had to identify if we wanted a treatment or a blending goal, and if so, what would we target. For treatment, we would target full and complete destruction or removal of the water. To meet blending targets, each system would require a replacement capacity of non-detect water at 82%. For Picture Rocks, we looked at whether we could do an interconnect with Tucson Water. Tucson Water had recently shut off the wells that they knew were affected in the Continental Ranch area, so could we do an interconnect with them and they supply enough make -up water to blend these waters down to below the health advisory. Unfortunately, with the Tucson Water shutting off their wells on the northwest side, they are limited on how much exc ess capacity they have to serve their own customer base. So doing a connect with them did not pan out. Another item we looked at was interconnecting the Picture Rocks system with the Hartman system as well as another project we’re working on which is call ed the Northwest Recharge and Recovery and Delivery System (NWRRDS). That would involve constructing additional infrastructure . Both of these projects are planned, and we plan to have an interconnect with the Hartman system within the next 24 months. By 2023, we plan to have water coming from the NWRRDS, which is the joint pipeline project with the Town of Oro Valley and Metro Water to bring water from the Marana airport area where water has been stored by all three entities into the northwest side. So those are the potential but future options. Or we loo k at building additional wells. In the Airline -Lambert system, we looked at a possible connection with the NWRRDS and a separate line from the airport system. In addition, we also looked at CAP water. The Saguaro Bloom or the Airline -Lambert system is not too far from the CAP canal. The town does have an allocation of CAP water. In penciling out what it would take to use CAP water directly , it would involve building a pipeline to the canal, recovering from the canal, and building a surface water treatme nt plant (which is not a small task because when you’re treating for surface water, your primary contaminants are viruses, bacteria and other human pathogens which can hurt people in a matter of days ). And other filtration would be involved. So the CAP opt ion of building a surface water treatment plant quickly fell off the radar. To meet any of the blending targets , we identified in the report that each system would require a replacement capacity of non - detect water at 82%. This ends up devalu ing the current assets that the water customers have invested in to an 18% effectiveness. Also, there is no guarantee of water quality at non-detect levels at the sites constructed for blending purposes. The blending alternative ended up being a very high risk for any option. Marana Regular Council Meeting 09/04/2018 Page 241 of 286 August 14, 2018 Study Session Minutes 5 That left the treatment scenario to be identified. We did identify treatments where we could get full capture or absorption of perfluorinated compounds as well as destruction of organic compounds like 1,4-Dioxane. Next, Mr. Kmiec gave details of the treatment scenario identified for the Picture Rocks/Continental Reserve Water System. The initial capital cost to serve the needs of that area is approximately $5.7M. Add to that some annual O&M costs of $165K. This is based on curre nt volumes of water to meet the needs of the community. Looking at the Saguaro Bloom water treatment site , this is a site that does not require additional purchase of property by the town as the property the town currently owns can be expanded as becomes necessary due to future growth of development. Saguaro Bloom, Airline and Lambert would be brought into the compound with a similar treatment mechanism. The current cost for a treatment plant at the Airline -Lambert/Saguaro Bloom well is $4.3M in addition to annual O & M costs of $98K. He then provided current information from the EPA and ADEQ regarding 1,4- Dioxane and perfluorinated compounds and PFA remediation and regulatory movement. Mr. Kmiec concluded his remarks by noting that Marana is downstream of a large metropolitan area. The Lower Santa Cruz River watershed is comprised of treated wastewater and storm water runoff; each of which may contain regulated and unregulated compounds at varyi ng levels. The federal government, State of Arizona and multiple regional jurisdictions all store future water supplies within and along the Santa Cruz River in Marana. The future will continue to create challenges to meet water, wastewater and storm water compliance within our watershed. If we believe that the current declining trend were to continue, it will take several years for these compounds to get below the current advisory levels, but there is no guarantee that the declining trends will continue or that the health advisories will remain the same. In the meantime, Marana Water will continue to sample and evaluate the water systems for water quality changes, monitor and engage EPA on future Health Advisory changes or movement toward regulatory standards, research and identify potential responsible parties and hold them ultimately accountable; and move forward on the assumption that blending is not a viable option, but treatment would be fully effective. Vice Mayor Post stated that the town should build the treatment plants. Secondly, Marana should develop a water quality standard, or ordinance, that sets automatic targets for the town so that as water is tested and it comes back with certain levels of compounds, it is already set in motion what Ma rana Water will do. The third thing, and where we will need the community support, is to find funding options , because it will be expensive. There are several options that could come forward such as a 1/10th of a percent of an additional sales tax is $1M per year. It’s not even something that people who shop in Marana would even notice, but it would be a revenue stream that would guarantee us quality for our residents. As this is ongoing, there could potenti ally be more contaminated wells, so we need to be assured that our residents can have clean water. Council Member Ziegler stated that she is not an advocate of taxing, but she believes that the town needs to provide clean water. She then read an excerpt from an Marana Regular Council Meeting 09/04/2018 Page 242 of 286 August 14, 2018 Study Session Minutes 6 Associated Press article regarding a national management plan by the EPA regarding compounds by the end of the year. The federal agency would like to cede more regulatory actions to the states. She asked Mr. Kmiec if the Tucson wells are clean now. Her preference is to fix the situation and then seek recovery from those responsible if we can. Mr. Kmiec responded that the Tucson Water policy is that if they detect unregulated compounds in their wells, they have been shutting them off. The wells in Continental Ranch have been shut off, and he is hearing that they are going further into the City (of Tucson). Their first response is to find out what the impact of this is. Tucson Water can bring most of the water to the com munity and the region from the storage of CAP water in Avra Valley which has accumulated over the last 20 years. A lot of that infrastructure is their primary infrastructure. A lot of the wells used within Tucson proper are to augment the recovered CAP wat er to the west of the City. So they are able to shut off wells without too much impact to the system right now. But he does not know what their next steps will be. Council Member Zeigler continued that as to where we get the money to build the treatment plants, she is in favor of getting this done immediately. She suggested deferring some capital improvement projects , although she acknowledged that does affect the strategic plan and budget. Council Member Bowen agreed with Vice Mayor Post about creating a water policy for the town so that we have standards to which we adhere and are not dependent so much on what the government is figuring out. He is also in favor of pursuing the most aggressive means of dealing with this - building the treatment plants. He asked that if once these treatment plants are constructed, can they handle other contaminants that may or may not have been identified as carcinogens. Mr. Kmiec noted that these two treatment processes with ion exchange and advanced oxidation are very aggressive in tried and true treatment processes. Anything within the chemical classes that we’re looking at can be destroyed with an advanced oxidation process. These are very good treatment processes for full capture and destruction of multiple chemical classes. Council Member Bowen asked Mr. Mehta if it would be possible for staff to put together a treatment proposal, including a timeline for construction, scope of projects and funding and presented to Council in a mont h so that there would be something solid to look at. Mr. Mehta responded affirmatively, and noted that this is also in line with what Council Member Ziegler proposed – to look at all of the logical options that we have, including our existing resources and also add in the full operational costs to run these systems. He asked that staff be given the months of August and September to prepare then come back to Council in late September or early October. That should be enough time for us to talk with our outside financial consultants and review our internal resources. Council Member Bowen asked about the Lifetime Health Advisory that refers to the amount taken into the body during the course of a life. Mr. Kmiec responded that the definition is 70 years at 2 liters a day ; at the most conservative value you would have a one in one million chance of having a health effect related to that. Council Member Bowen responded that right now we may be 2 to 3 times that. Mr. Kmiec responded yes for 1,4-Dioxane . Council Member Kai stated that he also supports the program. He Marana Regular Council Meeting 09/04/2018 Page 243 of 286 August 14, 2018 Study Session Minutes 7 suggested that another option to look at would be delivery of CAP water . We have an allocation and as far as diversion, there could possibly be an IGA between BKW Farms and the town to bring water up to Avra Val ley Road, and from there it would be a short distance of 3,000 to 4,000 feet to get to the holding tanks. CAP water is probably the cleanest water around due to their very strict guidelines. But you do have to worry about the salt content – that would have to be treated. There could be less cost in treating CAP water because there is less in there to remove. But we have to be careful in treating that water. But CAP water is still better than groundwater. He also indicated that the developer is obligated to drill a well in Saguaro Bloom. Possibly we can shift some of that money for the new well into the treatment plant. But direct delivery of CAP seems the best way. Council Member Ziegler indicated that earlier in his presentation, Mr. Kmiec wasn’t happy with CAP water option. Mr. Kmiec responded that when staff looked at CAP water, it ends up that we have to convert to a surface water treatment plant. That will mean dealing with filtration, coagulation, disinfection, and pH adjustment, which was one of the issues that City of Tucson had 20 years ago. Putting all that together and acquiring the property and being able to do it quickly fell off as a viable option. Another issue with CAP is that it is a single canal from the Phoenix area to Tucson. So for fou r to eight weeks a year, the supply is cut off which means we wouldn’t be able to use the treatment plant . And if we didn’t have treatment on our wells as a redundant source of supply, we wouldn’t have any way to deliver water; we would go back to the well s that we are currently having an issue with. Council Member Kai said that he defers to the experts and staff. He had been talking to folks at Metro Water, and they indicated that it was just a lower cost; he doesn’t really know, but he would like staff to look into it. Council Member Comerford stated that for the future, she hopes that we are looking at redundancy so that we can have the same opportunity that Tucson has – turning off a well that’s bad, and turning one on that isn’t. She asked if the well at the Marana airport is a good well. Mr. Kmiec responded that the two wells curre ntly at the airport have been non-detect for both compounds, and we believe part of the reason they have been that way is that is where Oro Valley, Metro Water, the State as well as Marana have historically been recharging CAP water. So if these contaminants or compounds are related to the Santa Cruz River, where we have historically been storing our CAP water has created a bubble of water to push those compounds away. Council Member Comerford asked if it could be feasible to look at putting a line from the airport to the Saguaro Bloom area as an alternative, especially since that area will be growing. Mr. Kmiec stated they are definitely looking at that. But now while we are getting into the design stage, Marana Water is looking at not only a way to mov e our water resources or make redundancy and interconnect all of our water systems, but if the airport levels stay where they are now, can we use this to help water quality concerns in some of those areas. So yes, we are looking at that. The recovery line will go down Avra Valley Road, and possibly “T” at Airline Road. So if we do have a treatment alternative and the airport continues to maintain water quality below these levels, then it’s about a quarter-mile extension to move it to that campus , and we would have a redundant supply as well as water that wouldn’t have to be treated. Eventually, he Marana Regular Council Meeting 09/04/2018 Page 244 of 286 August 14, 2018 Study Session Minutes 8 would like to see all Marana water systems connected for resource sharing, and balance based on energy costs, water quality concerns and the ability to move water around the whole community . Council Member Comerford wants to be sure that we are constantly following up on the levels to make sure that our sewer , which is putting out Grade A water now, doesn’t have anything that we’re passing on down the line. Vice Mayor Post asked whether levels increased when the treatment plant at Ina Road came online after the remodel , or had staff not been testing prior to that. Mr. Kmiec responded that what is tricky about these compounds is that they’re unregulated so they are not on any standard testing protocol or review with the Safe Drinking Water Act if you’re a water provider, or the Clean Water Act if you’re a wastewater provider. A lot of the detections that have made in the Tucson and Marana region is because of curiosity of the local water providers wanting to know – these are also happening at a national level – do we have these compounds in our system as well. There are detections coming out of the two wastewater treatment plants for 1,4 -Dioxane and Perfluorinated comp ounds with Pima County. And the Saguaro Bloom community does move its wastewater now to Marana, so we have detections of these at our facility as well. Vice Mayor Post continued by asking when you clean this water up and put it into a home, you know it’s clean, but what comes out? Are a lot of contaminants coming out of the house (besides sewage)? Mr. Kmiec responded that if consumers or homeowners are using household products such as cle aners, laundry soaps, shampoos, conditioners as well as any other detergent, if it ends up down the drain it ends up at the local wastewater treatment facility. Since an aggressive form of treatment is necessary for each of these, that’s not normal in a co nventional wastewater treatment process. They just pass through the system and end up in the watershed at the end of the pipe. A lot of these compounds are in daily use. Vice Mayor Post asked if UV light takes any of those compounds out at the plant. Mr. Kmiec responded that UV is our form of disinfection which is different from setting it up for chemical destruction. Council Member Officer noted that he has been following this discussion since late 2016, and he feels that we need to put in the necessary filtration systems. He wants to make sure that staff is acting rather than reacting. Council Member Ziegler stated that staff or Council had talked a couple of years ago about running a pipe down Avra Valley Road. Could we take sewer to the airport to attract businesses. Mr. Kmiec stated that the airport has a large commercial septic system for the east side. We’ve had the system but no businesses to connect to it. The water system at the airport is very resilient. There are two large -capacity wells as well as a large diameter loop system. Council Member Bowen asked if any of our citizens are really concerne d right now, are there commercially available systems you can put on a home water tap to filter the water. Mr. Kmiec indicated that his staff has been providing information to their customers about granular activated carbon-type home treatment systems whi ch are very effective. A refrigerator or pitcher filter or other filters that rely on granular activated carbon are very good at reducing levels of perfluorinated compounds. Marana Water has a link on its website for a study that was funded by Good Houseke eping magazine and done at the University of Arizona where home treatment filtering Marana Regular Council Meeting 09/04/2018 Page 245 of 286 August 14, 2018 Study Session Minutes 9 systems were tested and which found that they removed perfluorinated compounds as well as other things. They are actually very good. When it comes to 1,4 -Dioxane that is trickier because it is a solvent chemical, so without doing the advance oxidation such as is suggested for the community system, reverse osmosis systems show some effectiveness in removing 1,4-Dioxane. In studies that he and others on his staff have revie wed, there is only about a 40-60% reduction, and it is not a destruction. There is a link to the Good Housekeeping study on the Marana Water webpage under Unregulated Compounds. Vice Mayor Post stated that he is personally opposed to any interconnects. He thinks interconnects are valuable for any water system down the road, but for this particular problem right now, we need to treat at the source. Council Member Officer asked for clarification on the main health issue, be it exposure to drinking or for washing. Mr. Kmiec stated that it’s tricky, particularly for 1,4 -Dioxane because it’s in cosmetics, shampoos and conditioners and detergents that people use on their body all the time. The Water Department is focused on the ingestion of drinking water as a health risk. Whether there is a health risk with skin absor ption is not our immediate focus. But because they are commercial products used every day, that effect is still undetermined. Mayor Honea stated that it appears the Council is interested in getting treatment on both the Airline and the Picture Rocks wells as quickly as possible, and hopefully within four to six weeks staff will be able to get back to Council on a plan of attack. We still have to work on financing, but that is not the most important issue. The most important issue is cleaning up the water. Mayor Honea then called on speakers for this item . Speakers included Joyce Reid, who noted that Marana takes things actively and proactively. She complimented the Water Department for the work they have done on this issue over the last two years. Whether it’s for economic or health reasons, she asked that Council take the action nece ssary to treat the water. Dennis Reid stated that he had heard some very good things from Council Members that indicate they are willing to move forward and take action. He is not opposed to a taxation, especially if it will help save lives. Michael Burgess lives just outside the town limits and is serviced by the Lambert-Airline well. He is pleased to see the Council take positive action. He would also like to see TCE, pesticides and herbicides reported due to the proximity to a military installation and the agriculture in surrounding areas. Patricia Gehr indicated that her points had been covered. William Eldridge spoke in support of the treatment plants being worth the cost, and asked for expedited movement. He is a proponent of the town and wants to see it succeed. Jack Ferguson noted that most of his questions were answered during the presentation. He thanked Council for their decisiveness and asked that Council keep it going rather than do one study after another. He further noted that this is a personal issue for him as he believes his daughter’s health was affected by contaminants. Shawna Larson spoke in support of the treatment plant. She is happ y with all that was discussed tonight and asked that Council keep the momentum going and keep the community informed. Linda Robles who lives within the Tucson Airport superfund site spoke regarding her concern that the AOP is not enough. She was asked by s ome of her constituents to come Marana Regular Council Meeting 09/04/2018 Page 246 of 286 August 14, 2018 Study Session Minutes 10 and speak to Council about the research she has done regarding 1,4 -Dioxane and other contaminants. She urged Council to take action against TCE as well. Mary Hoover from Continental Reserve, spoke regarding a news article that said the Agency for Toxic Substances and Disease Registry has recommended that the health hazard level be reduced for PFOA’s and PFOS’s from 70 parts per trillion to 7 parts per trillion. She is glad to know that Council is aware of that. She believes that the treatment that is recommended tonight will take care of that. The expense planned for the long term will make the best use of those dollars. Mayor Honea thanked the staff for a great p resentation. He also thanked the audience who he noted was professional and courteous. Council is trying to do whatever they can to fix this situation as quickly as possible. They will be accountable . 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 ADJOURNMENT . Motion to adjourn at 7:49 p.m. by Vice Mayor Post, second by council Member Bowen. Passed unanimously 7 -0. 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 August 14, 2018. I further certify that a quorum was present. ____________________________________ Jocelyn C. Bronson, Town Clerk Marana Regular Council Meeting 09/04/2018 Page 247 of 286      Council-Regular Meeting   L1        Meeting Date:09/04/2018   To:Mayor and Council Submitted For:Jocelyn C. Bronson, Town Clerk From:Suzanne Sutherland, Assistant to the Town Clerk Date:September 4, 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 Patrick R. Nilz on behalf of Marana Heritage Conservancy for the Town of Marana Farm Festival to be held on September 29, 2018 (Jocelyn C. Bronson) Discussion: This application is for a special event liquor license on behalf of Marana Heritage Conservancy for the Town of Marana Farm Festival to be held on September 29, 2018.   A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a non-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 09/04/2018 Page 248 of 286   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 Patrick R. Nilz on behalf of Marana Heritage Conservancy for the Town of Marana Farm Festival.   OPTION 2:    I move to disapprove the special event liquor license application submitted by Patrick R. Nilz on behalf of Marana Heritage Conservancy for the Town of Marana Farm Festival. Attachments Application Marana Regular Council Meeting 09/04/2018 Page 249 of 286 Marana Regular Council Meeting 09/04/2018 Page 250 of 286 Marana Regular Council Meeting 09/04/2018 Page 251 of 286 Marana Regular Council Meeting 09/04/2018 Page 252 of 286 Marana Regular Council Meeting 09/04/2018 Page 253 of 286 Marana Regular Council Meeting 09/04/2018 Page 254 of 286 Marana Regular Council Meeting 09/04/2018 Page 255 of 286 Marana Regular Council Meeting 09/04/2018 Page 256 of 286      Council-Regular Meeting   L2        Meeting Date:09/04/2018   To:Mayor and Council Submitted For:Jocelyn C. Bronson, Town Clerk From:Suzanne Sutherland, Assistant to the Town Clerk Date:September 4, 2018 Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a Person Transfer of a Series #6 Bar liquor license application submitted by Jennifer Lynn Fletcher on behalf of Tumbleweed Bar located at 13915 N. Sandario Road, Marana, Arizona 85653 (Jocelyn C. Bronson) Discussion: This application is for a series #6 Bar liquor license at Tumbleweed Bar located at 13915 N. Sandario Road, Marana, AZ 85653.   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 09/04/2018 Page 257 of 286 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 Person Transfer of a series #6 Bar liquor license application submitted by Jennifer Lynn Fletcher on behalf of Tumbleweed Bar, located at 13915 N. Sandario Road, Marana, Arizona 85653.   OPTION 2:    I move to adopt and submit to the DLLC an order recommending disapproval of a Person Transfer of a series #6 Bar liquor license application submitted by Jennifer Lynn Fletcher on behalf of Tumbleweed Bar, located at 13915 N. Sandario Road, Marana, Arizona 85653. Attachments Application Affidavit of Posting Local Governing Body Recommendation Descriptions of Common Types of Liquor Licenses Marana Regular Council Meeting 09/04/2018 Page 258 of 286 Marana Regular Council Meeting 09/04/2018 Page 259 of 286 Marana Regular Council Meeting 09/04/2018 Page 260 of 286 Marana Regular Council Meeting 09/04/2018 Page 261 of 286 Marana Regular Council Meeting 09/04/2018 Page 262 of 286 Marana Regular Council Meeting 09/04/2018 Page 263 of 286 Marana Regular Council Meeting 09/04/2018 Page 264 of 286 Marana Regular Council Meeting 09/04/2018 Page 265 of 286 Marana Regular Council Meeting 09/04/2018 Page 266 of 286 Marana Regular Council Meeting 09/04/2018 Page 267 of 286 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 Local Governing Body Recommendation A.R.S. § 4-201(C) 1. City or Town of: __________________________________________ Liquor License Application #:_______________________________ (Circle one) (Arizona application #) 2. County of: _______________________________________________ City/Town/County #: ______________________________________ 3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2), ______________________________________________________ ______________________________________________________ (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The ___________________________________ at a ________________________________ meeting held on the __________________ of (Governing body) (Regular or special) (Day) _____________________, ____________ considered the application of _______________________________________________________ (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application ______________________________________________, (Arizona liquor license application #) for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________ (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for _____________________________________________________. (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) ____________________________________________ ___________________________________________ (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Marana Regular Council Meeting 09/04/2018 Page 268 of 286 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4 -206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 li cense 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 provide d for the bar. Payment must be made no later than the time of delivery. Marana Regular Council Meeting 09/04/2018 Page 269 of 286 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, thi s 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 th e 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 (li quor 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 regi stered 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 09/04/2018 Page 270 of 286      Council-Regular Meeting   A1        Meeting Date:09/04/2018   To:Mayor and Council From:Cynthia Ross, Senior Planner Date:September 4, 2018 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Resolution No. 2018-084 Relating to Development; adopting a minor amendment to the Transportation Element of the Marana General Plan by revising the road network exhibit to relocate westward the portion of the Lon Adams Road alignment located north of Clark Farms Road, to align with the existing location of Lon Adams Road on the western boundary of Ora Mae Harn Park (Cynthia Ross) Discussion: General Plan Amendments The 2010 Marana General Plan is a dynamic document that establishes policies and goals to guide development within the community. It discusses strategies to guide elected and appointed officials and Town staff to achieve its defined goals. As the community develops, conditions or elements of the plan can change or become obsolete. So a mechanism was defined to update the plan to be consistent with current conditions. The Marana General Plan contemplates two strategies for amending the plan – a minor or major amendment. A minor amendment is defined as any proposal that does not meet the criteria for a major amendment. The major amendment criteria are used to determine if an amendment constitutes a “substantial alteration” in the land use mixture or balance as established in the existing General Plan Land Use and Growth Element. The criteria used to determine if an amendment is a major amendment are as follows:   Change in any land use designation exceeding 80 acres (not including Master Planning Areas); 1. Two-step increase change of the current land use designation;2. Proposal that results in a significant alteration or diversion from an area of the3. Marana Regular Council Meeting 09/04/2018 Page 271 of 286 adopted Road Network including, but not limited to, a change in functional classification.  Request At the urging of Town staff, The WLB Group, Inc. is requesting a minor general plan amendment to modify the 2010 General Plan Exhibit 6.1.A Road Network Map, to relocate westward the portion of the Lon Adams Road alignment located north of Clark Farms Boulevard. The proposal will shift the planned location of this portion of Lon Adams Road (Exhibit 1) westward to align with the existing location of Lon Adams Road on the western boundary of the Ora Mae Harn Park (Exhibit 2). Exhibit 3 shows the conceptual plan for the Lon Adams Road realignment, and the proposed Vanderbilt Farms internal circulation. This update will require an amendment to the General Plan and has been determined to not meet the criteria of a major amendment. The request can therefore be processed as a minor amendment. This proposed update has been checked against the three ‘substantial alteration’ criteria and the only one that applies to transportation is the third criteria, which is not relevant in this case. The Lon Adams Road realignment represents a localized change that does not significantly alter the road network or constitute a diversion from an area. The entitled developments in the immediate area of this modification would maintain sufficient access to their properties. Vanderbilt Farms Rancho Marana West Specific Plan The desire to realign Lon Adams Road north of Clark Farms Road arose during Town staff discussions with the WLB Group, Inc. and the  property owner, Vanderbilt Farms LLC, in meetings regarding the preparation of the platting of Vanderbilt Farms Block 13, Block 1, and Block 2.  It was then recognized by the Town, since the adoption of the 2010 General Plan, changes in the way development has occurred has affected the planned road network.  The current circulation element of the General Plan reflects a decades old site layout of the Marana Municipal Complex, Ora Mae Harn Park, and Vanderbilt Farms development.  The planned road network shows the existing Lon Adams Road continuing north, from the Moore Road intersection in the Gladden Farms development, up through a portion of Marana Unified School District (MUSD) property, then bending west, through Ora Mae Harn Park to connect with Civic Center Drive at Lon Adams Road. In recent years, MUSD has changed its facilities planning to now keep the school bus yard at its existing location adjacent to Ora Mae Harn Park. Staff recently spoke with Russell Federico, Executive Director of Operational Support for the Marana Unified School District, regarding the road realignment and he expressed his support of the proposed change. In addition to the change of MUSD plans, recent and planned improvements to the Ora Mae Harn Park facility create another challenge to the currently planned road alignment. If approved, this minor general plan amendment will retain the continuity from the Gladden Farms development to the Marana Municipal Complex while avoiding the conflicts with the MUSD property and Ora Mae Harn Park. Lon Adams Road will continue north from its current Moore Road intersection location to the planned Clark Farms Road in the Vanderbilt Farms development and the existing Lon Adams Marana Regular Council Meeting 09/04/2018 Page 272 of 286 Road at the Barnett Road intersection will be extended south to the new Clark Farms Road. Connectivity to the north and south will be preserved. This connectivity is now more important than ever due to the new Marana Police facility's direct access to Lon Adams Road. Despite the connectivity, cut-through traffic is discouraged by the Lon Adams offset at Clark Farms Road.      Public Notification This public hearing was legally noticed in the Daily Territorial newspaper, and all property owners within 300 feet of the realignment area were given notice by U.S. Mail of the date, time, and topic of the public hearing. Additional notice was posted at various locations within the community and on the Town website. Recommended Findings of Fact The proposed amendment will: Improve Marana's quality of life by providing sustainable choices in regards to land use, commerce and employment, education, recreation, public safety, aesthetic appeal, transportation / efficient mobility, health, and housing variety; and 1. The proposed change reflects market demand which leads to viability and general community acceptance; and 2. The amendment will not adversely impact the community in whole or in part, and will promote a safer transportation system. 3. Planning Commission Recommendation The Planning Commission heard the request for the proposed general plan amendment at a public hearing held on August 22, 2018. By a vote of 5 to 0 (two Commissioners absent), the Commission recommended that the Town Council approve the General Plan Amendment. Staff Recommendation: General Plan amendments are evaluated for consistency with the Adoption of Amendment criteria defined in Section 4.2.1 of the Marana General Plan. Based on the findings, staff recommends approval of the requested Minor General Plan Amendment under GPA1808-001 amending Section 6.1 Transportation Element of the Marana General Plan. Suggested Motion: Staff recommends that the Town Council move on one of the following options: OPTION 1: I move to adopt Resolution No. 2018-084, amending Section 6.1 Transportation Element of the Marana General Plan, as presented by staff. OPTION 2: I move to adopt Resolution No. 2018-084, amending Section 6.1 Transportation Element of the Marana General Plan, as presented by staff, subject to the following modifications (add as necessary). Marana Regular Council Meeting 09/04/2018 Page 273 of 286 Attachments Resolution No. 2018-084 Application Applicant Narrative Exhibit 1 - Existing Road Network Map Exhibit 2 - Proposed Road Network Map Exhibit 3 - Conceptual Vanderbilt Farms Internal Circulation Map Marana Regular Council Meeting 09/04/2018 Page 274 of 286 Marana Resolution No. 201 8 -084 - 1 - 8/22/2018 7:10 PM MARANA RESOLUTION NO. 201 8-084 RELATING TO DEVELOPMENT; ADOPTING A MINOR AMENDMENT TO THE TRANSPORTATION ELEME NT OF THE MARANA GENERAL PLAN BY REVISING THE ROAD NETWORK EXHIBIT TO RELOCATE WESTWARD THE PORTION OF THE LON ADAMS ROAD ALIGNMENT LOCATED NORTH OF CLARK FARMS ROAD, TO ALIGN WITH THE EXISTING LOCATION OF LON ADAMS ROAD ON THE WESTERN BOUNDARY OF ORA MAE HARN PARK WHEREAS Marana Resolution No. 2010-120 adopted the Marana 2010 General Plan and called for a May 17, 2011 special election for vot er ratification as required by A.R.S § 9-461.06 paragraph M; and WHEREAS the Marana 2010 General Plan was ratified by the voters on May 17, 2011; and WHEREAS the General Plan is a dynamic document that establishes polic ies and goals to guide development within the community, and discusses strategies to guide elected and appointed officials and Town staff to achieve its defined goals; and WHEREAS conditions or elements of the General Plan can change or become obsolete as the community develops; and WHEREAS A.R.S § 9-461.06 and the General Plan define a major amendment as a substantial alteration of the Town’s land use mixture or balance as established in the General Plan land use element; and WHEREAS the General Plan amendment adopted by this resolution do es not meet the definition of major amendment and is therefore a minor amendment; and WHEREAS the Town of Marana has provided the notice and held the public hearings required for the adoption of the General Plan amendment adopted by this resolution; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interest of the Tow n of Marana and its citizens. Marana Regular Council Meeting 09/04/2018 Page 275 of 286 Marana Resolution No. 201 8 -084 - 2 - 8/22/2018 7:10 PM NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. Marana 2010 General Plan Section 6 (Built Environment Theme), Exhibit 6.1.A (Road Network – Proposed Major Routes ) is hereby amended as follows: Relocate westward the portion of the Lon Adams Road alignment located north of Clark Farms Road, to align with the existing location of Lon Adams Road on the western boundary of Ora Mae Harn Park . SECTION 2. The Town Manager and staff are hereby directed and authorized to modify the General Plan documentation and undertake all other and further tasks required or beneficial to carry out the terms and objectives of this resolution. SECTION 3. All resolutions, orders, or actions of the Town, or parts thereof, that are inconsistent with the provisions of this resolution are hereby repealed to the extent of such inconsistency. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of September, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 09/04/2018 Page 276 of 286 Marana Regular Council Meeting 09/04/2018 Page 277 of 286 Marana Regular Council Meeting 09/04/2018 Page 278 of 286 Marana Regular Council Meeting 09/04/2018 Page 279 of 286 Marana Regular Council Meeting 09/04/2018 Page 280 of 286 Marana Regular Council Meeting 09/04/2018 Page 281 of 286 MOORE ROAD POSTVALEROADCIVIC CENTER DRIVEBLOCK 1 BLOCK 13 FARMFIELD FIVE CLARK FARMS BLVD BLOCK 2 BLOCK 10 BLOCK 11A BLOCK 9 BLOCK 8 BLOCK 7 MARANA TOWN CENTER CHANNEL PARKPOSTVALE ROADMHDR HDR MHDR MHDR COMMMERCIAL BLOCK 11BLOCK 12 BARNETT MHDR MHDR BARNETT ROAD LON ADAMS ROADLON ADAMS ROADORM MAE HARN PARK N. LON ADAMS ROADCIVIC CENTER DRIVEQ:\198064\B013 - GP Minor Amend\Exhibits\Vanderbilt Concepts Exhibit.dwg Plotted: Aug. 14, 2018 Inc. Group The WLB 2018.08.14 WLB No.198064-B-013 0'500'EXHIBIT 3: EXISTING AND PROPOSED ROAD NETWORK WITH VANDERBILT FARMS CONCEPTUAL SITE PLANS LEGEND EXISTING LON ADAMS RD. PROPOSED LON ADAMS RD. Marana Regular Council Meeting 09/04/2018 Page 282 of 286      Council-Regular Meeting   A2        Meeting Date:09/04/2018   To:Mayor and Council From:Jocelyn C. Bronson, Town Clerk Date:September 4, 2018 Strategic Plan Focus Area: Community Subject:Resolution No. 2018-085:  Relating to Elections; declaring and adopting the results of the Town of Marana primary election held on August 28, 2018 (Jocelyn C. Bronson) Discussion: Pursuant to A.R.S. Section 16-646, the governing body of a city or town must enter on the official record of the city or town the official canvass of the votes after a primary and/or general election. The Pima County Official Canvass of the Primary Election was not available at the time this item was prepared for the Council packet.  Staff anticipates that the Official Canvass from the Pima County Elections Department will be available by the meeting date of September 4, 2018, and will be presented to Council for approval at that time. Staff Recommendation: Staff recommends Council approval of the official canvass of the vote for the Primary Election held on August 28, 2018, when it is presented to Council on September 4, 2018. Suggested Motion: I move to adopt Resolution No. 2018-085, declaring and adopting the results of the Town of Marana Primary Election held on August 28, 2018. Attachments Marana Regular Council Meeting 09/04/2018 Page 283 of 286 Resolution No. 2018-085 Marana Regular Council Meeting 09/04/2018 Page 284 of 286 Marana Resolution No. 2018-085 MARANA RESOLUTION NO . 2018-085 RELATING TO ELECTIONS; DECLARING AND ADOPTING THE RESULTS OF THE TOWN OF MARANA PRIMARY ELECTION HELD ON AUGUST 28, 2018 WHEREAS the Town of Marana, Pima County, Arizona, did hold a primary election on the 28th day of August 2018 for the election of four Council Members; and WHEREAS the election returns have been presented to and have been canvassed by the Town Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA as follows: SECTION 1. That the total number of ballots cast at said primary election, as confirmed by the Pima County Elections Department, was ______. SECTION 2. That the total number of ba llots rejected at said primary election, as confirmed by the Pima County Elections Department, was ___. SECTION 3. That the votes cast for the candidates for Council Member were as follows: Name Vote Total Mace Bravin _____ Patti Comerford _____ Jeff Gray _____ Herb Kai _____ Jack Neubeck _____ John Officer _____ Jon Post _____ SECTION 5. That it is hereby found, determined and declared of record, that the following four candidates did receive a majority of all valid votes cast and are hereby issued certificates of election: 1. 2. 3. 4. Marana Regular Council Meeting 09/04/2018 Page 285 of 286 Marana Resolution No. 2018-085 SECTION 6. This resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED BY THE Mayor and Council of the Town of Marana, Arizona, this 4th day of September, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 09/04/2018 Page 286 of 286