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HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 11/05/2019MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 5, 2019, 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 November 5, 2019, 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 11/05/2019 Page 1 of 94 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 Marana Regular Council Meeting 11/05/2019 Page 2 of 94 PROCLAMATIONS   P1 Proclaiming support for the 2019 YMCA Community Military Celebration (Cherry Lawson)   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   P1 Relating to Budget; presentation of first quarter results (July-September) for the Town's General Fund and other selected major funds for the 2019-2020 fiscal year (Yiannis Kalaitzidis)   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 Relating to Procurement; ratifying the Town Manager's approval of seven change orders to the Pavex Corp. construction contract for the Airport Rehabilitation of Taxiways, Tie Downs, Helicopter Pad, and Terminal Apron (AP025) for a total amount of $169,917.97; authorizing the transfer of appropriations if necessary for the change orders; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change orders (Steve Miller)   C2 Resolution No. 2019-112: Relating to Personnel; approving and adopting amendments to the Town’s Personnel Policies and Procedures, revising Chapter 4 - Employment Benefits and Leaves by amending Section 4-4-2 “Town-Approved Holidays” to add New Year’s Eve (Curry C. Hale)   C3 Approval of Study Session Meeting Summary Minutes of October 29, 2019, the Regular Council Meeting Summary Minutes of October 15, 2019, and Study Session Meeting Summary Minutes of October 8, 2019 (Cherry L. Lawson)   LIQUOR LICENSES   L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Marana Regular Council Meeting 11/05/2019 Page 3 of 94 L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #012 Restaurant Liquor License application submitted by Jayesh C. Patel on behalf of Spice Garden Indian Cuisine, located at 5815 W. Arizona Pavilions Drive #155 Tucson, Arizona 85743 (Cherry L. Lawson)   BOARDS, COMMISSIONS AND COMMITTEES   COUNCIL ACTION   A1 Resolution No. 2019-113: Relating to Utilities; authorizing Town staff to apply for a Clean Water State Revolving Fund loan from the Water Infrastructure Finance Authority of Arizona (WIFA) to fund additional construction costs for the Adonis Lift Station and Force Main Project (WR015); and approving the transfer of up to $475,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2019-2020 budget to the Adonis Lift Station and Force Main project (WR015) to cover a budgetary shortfall for additional costs for the construction of the project (Scott Schladweiler)   ITEMS FOR DISCUSSION / POSSIBLE ACTION   D1 Relating to Public Art; presentation, discussion and feedback regarding multiple public art concepts for construction and installation in the newly designated Downtown Marana area, at the roundabout located at Sandario Road and Marana Main Street (Heath Vescovi-Chiordi)   D2 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town’s Marana Current and Proposed Projects internet site (Jason Angell)      D3 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), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A).      FUTURE AGENDA ITEMS Marana Regular Council Meeting 11/05/2019 Page 4 of 94 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 11/05/2019 Page 5 of 94      Council-Regular Meeting   P1        Meeting Date:11/05/2019   From:Cherry L. Lawson, Town Clerk Date:November 5, 2019 Subject:Proclaiming support for the 2019 YMCA Community Military Celebration (Cherry Lawson) Attachments Supporting 2019 YMCA Community Celebration Marana Regular Council Meeting 11/05/2019 Page 6 of 94 Marana Regular Council Meeting 11/05/2019 Page 7 of 94      Council-Regular Meeting   P1        Meeting Date:11/05/2019   To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:November 5, 2019 Strategic Plan Focus Area: Commerce Subject:Relating to Budget; presentation of first quarter results (July-September) for the Town's General Fund and other selected major funds for the 2019-2020 fiscal year (Yiannis Kalaitzidis) Discussion: The purpose of this item is to present a summary of the Town's first quarter financial results (July-September) for the Town's General Fund and other selected major funds for fiscal year 2019-2020. It is important to note that these results are preliminary, unaudited and subject to change based upon adjusting entries, as necessary.  The attached provides a high-level revenue and expenditure summary at the end of the current quarter. Revenue Overall, revenues are within or above expectations for all funds at this time of the year. Revenues for the General Fund are better than expected due to better than anticipated sales taxes in the contracting and restaurant and bar categories and a large dividend distribution from the Town's risk pool. HURF fund revenues are at expectations, excluding a one-time distribution to cities and Towns. Transportation fund revenues are above expectations due to stronger than anticipated residential and commercial construction activity. Charges for services revenues in the enterprise funds are within expectations for this time of year.  Additional detail on these variances is included within the visualization slides attached to this item. Marana Regular Council Meeting 11/05/2019 Page 8 of 94 Expenditures Expenditures in all funds are at or below expectations.  This is primarily due to the timing of one-time projects and programs which are expected to occur in future quarters.  The Water and Water reclamation funds are within expectations when excluding  debt service payments that happen during the first quarter of the fiscal year. Staff Recommendation: Presentation of first quarter results only. Suggested Motion: Presentation of first quarter results only. Attachments 1st Quarter Financial Presentation Marana Regular Council Meeting 11/05/2019 Page 9 of 94 Financial Brief: First Quarter Fiscal Year 2019 – 2020 Prepared by: Finance Department Marana Regular Council Meeting 11/05/2019 Page 10 of 94 Contents Summary 1 General Fund Revenues 2 General Fund Expenses 3 HURF Revenues 4 HURF Expenses 5 Transportation Fund Revenues 6 Transportation Fund Expenses 7 Bed Tax Fund Revenues 8 Bed Tax Fund Expenses 9 Water Revenues 10 Water Expenses 11 Water Reclamation Revenues 12 Water Reclamation Expenses 13 Airport Revenues 14 Airport Expenses 15 Marana Regular Council Meeting 11/05/2019 Page 11 of 94 Marana Regular Council Meeting 11/05/2019 Page 12 of 94 Marana Regular Council Meeting 11/05/2019 Page 13 of 94 Marana Regular Council Meeting 11/05/2019 Page 14 of 94 Marana Regular Council Meeting 11/05/2019 Page 15 of 94 Marana Regular Council Meeting 11/05/2019 Page 16 of 94 Marana Regular Council Meeting 11/05/2019 Page 17 of 94 Marana Regular Council Meeting 11/05/2019 Page 18 of 94 Marana Regular Council Meeting 11/05/2019 Page 19 of 94 Marana Regular Council Meeting 11/05/2019 Page 20 of 94 Marana Regular Council Meeting 11/05/2019 Page 21 of 94 Marana Regular Council Meeting 11/05/2019 Page 22 of 94 Marana Regular Council Meeting 11/05/2019 Page 23 of 94 Marana Regular Council Meeting 11/05/2019 Page 24 of 94 Marana Regular Council Meeting 11/05/2019 Page 25 of 94 Marana Regular Council Meeting 11/05/2019 Page 26 of 94    Council-Regular Meeting   C1        Meeting Date:11/05/2019   To:Mayor and Council Submitted For:Steve Miller, Airport Manager From:Suzanne Sutherland, Executive Assistant to the Town Clerk Date:November 5, 2019 Strategic Plan Focus Area: Not Applicable Subject:Relating to Procurement; ratifying the Town Manager's approval of seven change orders to the Pavex Corp. construction contract for the Airport Rehabilitation of Taxiways, Tie Downs, Helicopter Pad, and Terminal Apron (AP025) for a total amount of $169,917.97; authorizing the transfer of appropriations if necessary for the change orders; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change orders (Steve Miller) 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. Section 3-4-8(B) provides that the town manager or designee may approve change orders to public improvements contracts that exceed $50,000 if the town manager reasonably 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, provided that town council ratification occurs as soon as practicable thereafter.   The budget for fiscal year 2019-2020 was adopted on June 18, 2019. The Airport Rehabilitation of Taxiways, Tie Downs, Helicopter Pad, and Terminal Apron (AP025) project was properly included within the Town of Marana’s FY2020 Capital Improvement Plan. The final, revised budget amount for the project is $6,758,371.00.   The Town and Pavex Corp. entered into a construction contract in the amount of $4,676,686.00 to construct the project.   The Town has processed four previous change orders to the Pavex Corp. construction Marana Regular Council Meeting 11/05/2019 Page 27 of 94 contract totaling $403,378, bringing the total current construction contract amount to $5,077,189. Seven additional change orders were required for the project for a total amount of $169,917.97. These seven change orders are described as: Change Order #5: This change order combines several smaller elements of work that are outside the contract into a single modification that includes pulverizing hard subgrade which was an unknown condition; eliminating the removal on an existing building foundation; and miscellaneous removals (such as a septic tank and concrete) that were also unknown conditions. This change order reduces the amount of work necessary to complete the project for a cost savings of  (-$2,809.00). Change Order #6:  The original plans included adjusting the pull boxes to the new pavement grades or leaving them at existing grades and placing new pavement around them. Upon removal of the existing pavement the pull boxes were found to be damaged and were not adequate to support traffic in areas where they are subject to aircraft and ground vehicle wheel loads. This cost of this change order is $22,500.00. Change Order #7: The contract originally specified lime treatment to stabilize the subgrade, however this approach was found to be unsatisfactory. This change order deducts the corresponding items for lime treatment in the base bid (Terminal) and Alternate 1 (General Aviation Parking Area) and adds new items for a more robust treatment; cement treated subgrade. Due to poor soils cement treated subgrade was further required on the south side of Building 87, which did not originally have provisions for subgrade stabilization. Lastly, the change order provides for removal of an existing slab of concrete pavement that was deteriorated and will be replaced with asphalt paving.  This cost of this change order is $87,990.71. Change Order #8:  Pavement near a hangar (Building 76) which is in poor condition is being replaced. The area is outside the bounds of the original scope of work. This cost of this change order is $18,215.00. Change Order #9: New aircraft tie-down chains are needed to replace existing tie-downs that are missing or have become unserviceable. This cost of this change order is $9,187.20. Change Order #10:  Upon removal of the asphalt pavement and aggregate base in phase C1, a layer of hard subgrade, not evident on the geotechnical boring logs, was discovered. This material appeared to be existing lime or cement-treated subgrade and could not be graded satisfactorily.  As a result, the contractor was required to pulverize it into a smaller gradation in order to perform grading activity. This cost of this change order is $10,109.58. Change Order #11: This change order encompasses several items: 1) Replacement of an unmarked utility conduit south of Building 104;  2) Regrading the area south of Building 87 after replacement of a utility line by Southwest Gas; 3) Additional scope resulting from changes to the grading plans; and 4) Removing concrete from the foundations of several hangar buildings that interfered with the limits of the work zone. This cost of this change order is $24,724.48. Marana Regular Council Meeting 11/05/2019 Page 28 of 94 These change orders will bring the construction contract to a total of $5,249,981.83.  These change orders have all been approved by the FAA. It should be noted that FAA approval indicates only that the change orders are eligible to be paid by the FAA grant in an amount not to exceed 15% of the original grant amount ($4,497,369) at the conclusion of the project, and only if the FAA has additional grant funds available.  As such, there is no guarantee that these additional costs will be covered by the FAA grant.  Including the change orders in this item tonight, the amount of change orders that may be paid by the FAA is $469,573. Further, the Arizona Department of Transportation, which provided grant funding for 4.47% of the original project, has indicated that they will not contribute toward any portion of the change orders.  As such the Town's portion of all the approved change orders to date, including the ones presented tonight, totals $103,723.  There is adequate budget capacity for the overall project.  These change orders only affect the construction contract. Financial Impact: Fiscal Year:2020 Budgeted Y/N: Yes Amount:$169,917.97   This change order will be funded with Airport Capital Funds, GL Account #52592000-8015-AP025. Staff Recommendation: Staff recommends ratification of the Town Manager's approval of the change orders. Suggested Motion: I move to ratify the Town Manager's approval of seven change orders to the Pavex Corp. contract for the Airport Rehabilitation of Taxiways, Tie Downs, Helicopter Pad, and Terminal Apron project (AP025) in the amount of $169,917.97; to authorize the transfer of appropriations if necessary for the change orders; and to authorize the Town Manager or designee to execute the necessary documents to effectuate the change orders. Attachments No file(s) attached. Marana Regular Council Meeting 11/05/2019 Page 29 of 94    Council-Regular Meeting   C2        Meeting Date:11/05/2019   To:Mayor and Council From:Curry C. Hale, Human Resources Director Date:November 5, 2019 Strategic Plan Focus Area: Progress & Innovation Strategic Plan Focus Area Additional Info: PRINCIPLE STATEMENT 1:  We will explore bold ideas and best practices as a catalyst for forward-thinking and visionary community leadership. INITIATIVES: 1.  Encourage, Reward, and Facilitate Innovative Ideas. Subject:Resolution No. 2019-112: Relating to Personnel; approving and adopting amendments to the Town’s Personnel Policies and Procedures, revising Chapter 4 - Employment Benefits and Leaves by amending Section 4-4-2 “Town-Approved Holidays” to add New Year’s Eve (Curry C. Hale) Discussion: This item proposes to amend Section 4-4-2 of the Town's Personnel Policies and Procedures to add New Year's Eve (December 31) to the list of Town-Approved Holidays.  Council was presented with the proposal to add New Year's Eve as a permanent holiday as part of the Fiscal Year 2019-2020 budget process.  Although the budget for this extra holiday was approved, it does require the Council to amend the Town's Personnel Policies and Procedures to make it effective.  If Council approves this item, eligible employees would have paid time off on New Year's Eve and Town operations will be officially closed on that date.  Eligible employees include all regular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period and term-limited temporary employees.  This permanent and recurring holiday proposal is sought as a way to demonstrate appreciation for the excellent work provided by the Town of Marana workforce.   Financial Impact: Marana Regular Council Meeting 11/05/2019 Page 30 of 94 Fiscal Year:2020 Budgeted Y/N:Y Amount:$41,000 As part of the normal budget process, additional funds were included toward overtime hours estimated to be needed in the Police, Parks and Water departments. Staff Recommendation: Staff recommends adoption of Resolution No. 2019-112 amending Section 4-4-2 of the Town of Marana Personnel Policies and Procedures to add New Year's Eve as a Town-Approved Holiday.   Suggested Motion: I move to adopt Resolution No. 2019-112, amending Section 4-4-2 of the Town of Marana Personnel Policies and Procedures to add New Year's Eve as a Town-Approved Holiday. Attachments Resolution No. 2019-112 Exhibit A Marana Regular Council Meeting 11/05/2019 Page 31 of 94 MARANA RESOLUTION NO. 201 9-112 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN’S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPT ER 4 - EMPLOYMENT BENEFITS AND LEAVES BY AMENDING SECTION 4-4-2 “TOWN- APPROVED HOLIDAYS” T O ADD NEW YEAR’S EVE WHEREAS Chapter 3-3 of the Marana Town Code provides that the Town Council may adopt personnel policies, rules, and regulations that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99 -38 on May 18, 1999, which have been amended from time to time ; and WHEREAS the Council finds that adoption of the amendments to the Town’s Personnel Policies and Procedures as set forth in this resolution is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 4 of the Town’s Personnel Policies and Procedures, entitled “Employment Benefits and Leaves ”, is hereby amended by adding New Year’s Eve to Section 4-4-2 “Town-Approved Holidays” as set forth in Exhibit A attached to and in- corporated by this reference in this resolution. SECTION 2. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this resolution are hereby repealed, effective as of the effective date of this resolution. SECTION 3. 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 the aforementioned amendments. Marana Regular Council Meeting 11/05/2019 Page 32 of 94 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 5th day of November, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 11/05/2019 Page 33 of 94 [NO REVISIONS TO POLICIES 4 -1 THROUGH 4 -3] POLICY 4 -4 HOLIDAYS The Town of Marana provides paid time off to eligible employees for Town Council -approved holidays. Regular Town operations are officially closed during these approved holidays. [No revisions to Section 4 -4 -1] Section 4 -4-2 Town-Approved Holidays A. The Town -approved holidays for each calendar year are as follows. 1. New Year’s Day (January 1) 2. Martin Luther King, Jr./Civil Rights Day (third Monday in January) 3. Presidents’ Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veterans’ Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Day after Thanksgiving (fourth Friday in November) 10. Christmas Eve (December 24) 11. Christmas Day (December 25) 12. New Year’s Eve (December 31) B. The Town Council, at its sole discretion, may approve additional holidays in any calendar year. [No revisions to Sections 4 -4 -3 through 4 -4 -5] [NO REVISIONS TO POLICIES 4 -5 THROUGH 4 -16] Marana Regular Council Meeting 11/05/2019 Page 34 of 94      Council-Regular Meeting   C3        Meeting Date:11/05/2019   To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:November 5, 2019 Subject:Approval of Study Session Meeting Summary Minutes of October 29, 2019, the Regular Council Meeting Summary Minutes of October 15, 2019, and Study Session Meeting Summary Minutes of October 8, 2019 (Cherry L. Lawson) Attachments Draft Study Session Meeting Summary Minutes, 10/29/2019 Draft Regular Council Meeting Summary Minutes 10/15/2019 Draft Study Session Meeting Minutes 10/08/2019 Marana Regular Council Meeting 11/05/2019 Page 35 of 94 MARANA TOWN COUNCIL STUDY SESSION 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 29, 2019, at or after 6:00 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 SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:02 PM and directed the Clerk to call the roll. Vice Mayor Jon Post (Excused), Council Members Dave Bowen, Patti Comerford, Herb Kai, Roxanne Ziegler and John Officer were present. There was a quorum of council members present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Ziegler moved and Council Member Comerford second the motion approving the agenda. Motion passes, 6-0. DISCUSSION/DIRECTION/POSSIBLE ACTION Marana Regular Council Meeting 11/05/2019 Page 36 of 94 D1 Relating to Development; presentation, discussion, and possible direction regarding the Town's subdivision requirements for private, and common on -site recreation areas (Jason Angell) Development Services Director Jason Angell provided PowerPoint Presentation overview on Private, Common On-site Recreation Areas Update (Presentation is on file in the Town Clerk’s Office for review.) Below are highlights from the presentation. Presentation Overview • Background • Calculation of recreational area • In-lieu fee consideration • Design manual Background • Private Parks – Marana vs. Other Jurisdictions (on file in Clerk’s Office) Proposed Modification to Recreational Area Requirement 1. Reduce minimum density threshold 2. Increase minimum area per unit 3. Dwelling units per acre sliding scale 4. Area buy-down based on amenities 5. In-Lieu fee consideration 6. Create a design manual Calculation of Recreational Area • Current Requirement o 3.0 dwelling units per gross acre and 50 + dwelling units • Proposed Requirement o 2.0 dwelling units per acre o Based on net development area ▪ Net does not include rights -of-way, sensitive natural areas, peaks and ridges, school sites 2. Increase Minimum Area per Unit • National Standard o National Recreation & Parks Assoc. minimum for neighborhood park o 2 acres per 1,000 residents ▪ 2.76 residents per household in Marana (U.S Census Bureau) ▪ 1,000 residents = 362 units • Current Requirement Marana Regular Council Meeting 11/05/2019 Page 37 of 94 o Minimum 185 sq. ft. per unit (single -family residential) o 362 units = 1.54 acres • Proposed Requirement o Minimum 300 sq. ft. per unit = 2.5 acres 3. Dwelling Units per Acre Sliding Scale 2.0 – 4.0 du/ac 300 sq. ft. per unit 4.1 – 6.0 du/ac 350 sq. ft. per unit 6.1 – 8.0 du/ac 450 sq. ft. per unit 8.1 + du/ac 500 sq. ft. per unit 4. Area Buy-down Based on Amenities • Slide is on file in the Town Clerk’s Office 362 Lot Subdivision Requirement Buy -Down Example • Slide is on file in the Town Clerk’s Office 5. In-Lieu Fee Consideration • Existing option not utilized • Replace with coordinated process • Developers of adjacent properties • Development agreement required • Creates efficiency and avoids duplication **Current Code Option An in-lieu fee may be accepted by the council pursuant to an agreement which shall provide, at a minimum, for the equivalent of park land (based on improved property) and the recreational facilities the project would have been required to provide. Design Manual 6. Create a Design Manual • Supplements subdivision or ordinance • Provides guidance to developers • Establishes design criteria o Maximum distance from homes o Park location o Type of amenities o Standards for retention/detention basins o Connectivity requirements to adjacent parks/trails/developments o Passive area standards – landscaping, shade Marana Regular Council Meeting 11/05/2019 Page 38 of 94 Example Community: Durham, NC • A la carte choices • Passive facilities limited to a percentage of total recreation requirement • Ensures better overall quality amenities Next Steps • Draft ordinance and design manual • Stakeholder outreach • Return to council regarding stakeholder feedback Council Member Bowen questioned the minimum design standards currently at 185 sq. ft. for residential dwelling units stating it is obviously lower than neighboring entities. He referenced the proposed design standards from other communities stating Marana does not increase i ts minimum standards as high as other entities, except with the City of Tucson and when Marana reaches six to eight rack, he asked why the Town is not increasing the minimum standard higher than the proposed. Mr. Angell stated in his discussions with his team, he indicated that there had to be a rationale for selecting some number to propose to Council. When he reviewed the National Recreation Standards that indicates a number of acres per 1000 units, they simply worked the math backwards and arrived at a number that was closer to 300; exact number was approximately 287. After which time, he felt it was appropriate to round up the number and start that as the base to build from. However, if the Council has a different number in mind that it wish to pursu e, staff would be open to that direction. Mayor Honea stated he questioned the low minimum standards as well; a different criteria was used (ex: taking a piece of land in Dove Mountains. Two -thirds of the land was unusable —flood drains, washes etc. If you take the number of houses there, it is only two to an acre or less. There is no improved park space.) When you start taking dwelling units per acre instead of lot sizes to determine the ratio and you come in on a 100 acre piece where only 20 acres are usable, even at two rack you can build 200 homes on 20 acres if you can cram them in there. He thinks that it distorts what the Town is doing. In the past, Marana has married open space with improvement of recreational areas—walking trails, parks, etc., and are not the same thing. He expressed concern about the proposed standards as the Town looks at units per acre as some of the areas in the mountainous parts have unusable land space. It does not mean that we should reduce the park space. He is looki ng at improved recreational space that has improved trails for recreational use, grassy areas along with playground equipment that will last for many years. Mr. Angell replied stating he agrees with Mayor Honea assessment. In the past, the Town was blend ing open s pace versus improved park space. In going away from a gross rack to a net rack. The Town is looking at the buildable area of the development. Marana Regular Council Meeting 11/05/2019 Page 39 of 94 He is not stating there should be no credit for open space. If the Council chose not to permit it, then staff will follow Council’s direction. Rather, it allows the Town to push the washes out, environmental ridges and sensitive bluffs that cannot be built upon; Marana does not want the unusable portions of the development. However, at the same time Marana is saying that it will allow some of the park improvements to be within those retention and detention basins. Mayor Honea clarified stating if it is improved. Mr. Angell replied that is correct. The Town will need to do some updates that calls for improved parks space within the development. Mr. Angell stated he understands the sentiments of Council that the ordinance had not been updated for some time. Mayor Honea stated he was looking for it to be tighten up. He had envisioned it to be set up w ith R-4, 5, 6, 7, 8 etc. that if a development has R-8 lots, you would not need as much park space. However in an R -3, 4, or 5 you would not have as much park space, therefore, you would want the park space improved for those families. He was attempting t o equate it to lot size versus general density. Mr. Angell explained why the Town chose to go with a density calculation as so many of the towns developments that are approved by Council are done through a specific plan. At present, the Town does not hav e a specific zoning classification to assign to it. Mayor Honea stated he does understand though it is still vague to him. Mr. Angell replied stating that is the intention of these conversations, to engage the Council in terms of improvements to the ordinance. From that, the Town will continue to build towards a possible amendment to the ordinance or an update to the ordinance that can be brought back to Council after staff has had an opportunity to engage and receive public feedback prior to initiat ing that process. Council Member Ziegler commented about the General Plan 2040 and whether staff had an opportunity to engage the public regarding the lot size of their home referring to backyards being too big or too small. Mr. Angell replied stating as it relates to the General Plan process, much of the feedback related to housing and parks was more along the lines of having a diverse offering of housing. One of the goals in the General Plan is for the Town to conduct a Community Housing Assessment to identify where those particular needs are within the community. When it comes to parks, everyone loves parks —continue to provide diversity in housing opportunities, and quality park services to the community. Council Member Ziegler commented on the amou nt of land that Marana has stating as developers come in and more and more people come into the area with an RV home, the Town does not offer anything for them in terms of where they can park their home. She would like to see a diverse offering of homes for the community to include parking RV’s, townhomes etc. She ask staff to keep these things in mind as Marana is missing a group of individuals who may look to relocate to Marana. Marana Regular Council Meeting 11/05/2019 Page 40 of 94 Council Member Comerford stated there is a builder in the Gladden Farms co mmunity that are building homes to accommodate RVs with enclosed garages. Council Member Officer commented stating he would like to emphasis the importance of having trail connections as he sees trails as a park. He ask that staff inform the developers that trails are what connects the community and encourage them to add benches along the way. Council Member Comerford asked whether the impact fee can go towards the improvements in our trail systems referring to the costly cement roundabout. Town Manager Jamsheed Mehta replied agreeing with Council Member Comerford stating they do as long as tha t system is identified in the Infrastructure Improvement Plan upfront where it lists all of the projects. Council Member Comerford ask whether that is so as it relates to the 10 Year Plan. Mr. Mehta affirmed stating when it is in the 10 Year Plan that cost has already been accounted for, and can be portioned for every single family lot. Council Member Comerford ask whether the Town needed to wait every 10 years. Mr. Mehta stated that we do not. It can be updated periodically, but that we do not have to wait until the full 10 years. Council Member Bowen stated he agrees with Mayor Honea regarding the use of net dwelling units rather than the entire acreage for the place as so often there is only so much space in a development that is undevelopable and ca nnot be used for anything. When you look at undevelopable space, how is that figured into the plan. Mr. Angell replied stating the Town would look at the percentage of the number of amenities that we feel are adequate to be located in a retention detenti on basin. There are some examples out there, and that is one of the areas that the Town will like to have further discussions with the stakeholders on what they feel is appropriate . However, does not believe the Town want to say 100% is appropriate. Tho ugh at the same time, depending on the type of amenities that would be placed there we would be open to those discussions. He referenced San Lucas community amenities with a higher quality of amenities provided at that park. Council Member Bowen ask whether the Town would be aiming for some kind of number, and not just ad -hoc whenever a developer comes forward. Mr. Angell replied stating that is correct. One of the problems as stated earlier, the Town does not have a clear baseline in our curre nt ordinance. With the negotiations of building parks, it is typically handled by the Council; it leads to inconsistencies and frustrations throughout the process. D2 Resolution No. 2019-109: Relating to Public Works; approving a settlement of pending condemnation litigation and authorizing the Town Attorney to sign all documentation necessary for the purchase of property rights needed from TRP Twin Marana Regular Council Meeting 11/05/2019 Page 41 of 94 Peaks, L.L.C. for Tangerine Corridor/Tangerine Road, Twin Peaks to La Cañada Drive, Town of Marana Project No. ST021 (Frank Cassidy) Town Attorney Frank Cassidy stated this is the last of the Tangerine Corridor Right -a- Way acquisitions for phase 1. The Town did have a settlement in concept that he was prepared to bring to Council three years ago for the same amount that is being requested of Council to approve this evening. The only difference is the accrual of statutory interest for part of the time. He explained there was a disagreement among the property owners. There was a claimant to the property and they had to litigate it for three (3) years. That case was heard by the Arizona Supreme Court, and it is all done. The Town is now before the Council with the proposed settlement of $30,000. Council Member Comerford motion and Council Member Bowen second the motion to approve Resolution No. 2019-109. Motion passes, 6-0. D3 Resolution No. 2019-110: Relating to Public Works; approving and authorizing the Mayor to sign a mediation agreement between the Town of Marana and Mandarina, LLC settling two pending lawsuits regarding acquisition of Adonis Road right -of-way and zoning entitlements associated with the Mandarina Property located at the northwest corner of I-10 and Tangerine Road (Frank Cassidy) Mr. Cassidy stated this item and the one following on the agenda goes hand -in-hand with the Villages of Tortolita First Amendment to the D.A. This item n eeds to be considered first. He acknowledged Chad Rodriguez with Mandarina and publically thanked him for working through a complicated negotiation, as well as thanked the representatives from the Villages of Tortolita for also working through the negotia tion process. Council Member Ziegler ask whether the issue with the fence was resolved. Mr. Cassidy replied stating that the issue had been resolved as it was a very complicated issue. Exhibit E in the packet materials shows the fencing on the Mandarina property; the fencing extends even farther than Mandarina. The First Amendment to the Villages of Tortolita Development Agreement explains that the fencing has to be extended to the Dorkin’s property, which is where the farm is located on both sides of t he road. Council Member Ziegler ask how the issue with the fence was resolved. Mr. Cassidy stated that information is within the settlement agreement; the difference was split with the Town. A calculation was performed on what we believed the total fenc e cost would be. This issue relates to the following agenda item, and ask if he can provide an overview of it at this time. Mayor Honea affirmed. Marana Regular Council Meeting 11/05/2019 Page 42 of 94 Mr. Cassidy the way that the dispute was resolve as to whether the fence was included or not was to basically split the cost—the Town would pay $85,000 which the estimated half of the cost. Council Member Comerford stated developers need to get used to paying for what they need. The Town of Marana has done this for a very long time. If developers need a road in their new development it should not be at the Town’s cost. If the rest of the Town does not need that road, she will take every opportunity that she has to speak out that it will not be on the backs of residents or taxpayers. Council Member Bowen moved and Council Member Kai second the motion approving Resolution No. 2019-110. Motion passes, 6-0. D4 Resolution No. 2019-111: Relating to Development; approving and authorizing the Mayor to sign the First Amendment to Villages of Tortolita Development Agreement (Frank Cassidy) Council Member Officer thanked Mr. Cassidy for bringing this matter to a close. Council Member Officer moved and Council Member Bowen second the motion approving Resolution No. 2019-111. Motion passes, 6-0. 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), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A). 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, p ursuant to Marana Town Code Section 2 -4-2(B). ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Council Member Bowen move and Council Member Comerford second the motion adjourning the meeting. Motion passes, 6 -0. Meeting adjourned at 6:47 PM. Marana Regular Council Meeting 11/05/2019 Page 43 of 94 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes for the Study Session Meeting of the Marana Town Council meeting held on October 29, 2019. I further certify that a quorum was present. ____________________________________ Cherry L. Lawson, Town Clerk Marana Regular Council Meeting 11/05/2019 Page 44 of 94 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers October 15, 2019, 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 SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:00 PM and directed the Clerk to call the roll. Vice Mayor Jon Post (Excused); Council Members Dave Bowen, Patti Comerford, Herb Kai, Roxanne Ziegler (Excused) and John Officer were present. There was a quorum of council members present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Eagle Scouts Pac #261 APPROVAL OF AGENDA Council Member Kai moved and Council Member Bowen second the motion approving the Agenda and removing Item D3. Motion passes, 5-0. CALL TO THE PUBLIC Mayor Honea open the meeting to receive public comments. There were no members of the public wishing to provide public comment. Marana Regular Council Meeting 11/05/2019 Page 45 of 94 PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Bowen stated he had attended the Oro Valley State of the Town Address it was very well attended, and well done. He appreciated the opportunity to be able to hear the address for Mayor Winfield. Council Member Comerford reminded the Council and community of the Fall Festival on Saturday, October 19. Council Member Officer thanked the Town staff for the opportunity to get out and speak with the public while attending the Community Connections. It was really informative and he appreciate the efforts of Town staff. Mayor Honea stated he attended the Oro Valley State of the Town Address as it was a good opportunity to network. Mayor Joe Winfield did an excellent job in his presentation. He also attended one of the Community Connections previously at Dove Mountain, and staff was very good communications with members of the public. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Jamsheed Mehta reported there is no meeting of Council on Tuesday, October 22, 2019. However, with the significant number of topics that the Town has, a meeting has been planned for Tuesday, October 29, 2019 at 6 PM. PRESENTATIONS P1 Relating to Budget; presentation of preliminary year -end results (July-June) for the Town's General Fund and other selected major funds for the 2018 -2019 fiscal year (Yiannis Kalaitzidis) Finance Director Yiannis Kalaitzidis provided a PowerPoint Presentation overview of the preliminary year-end results (July-June) for the Town’s General Fund and other selected major funds for the 2018-2019 fiscal year. (A copy of the PowerPoint is available on file in the Town Clerk’s Offic e.) CONSENT AGENDA Council Member Kai moved and Council Member Bowen second the motion to approve the Consent Agenda as presented. Motion passes, 5 -0. Marana Regular Council Meeting 11/05/2019 Page 46 of 94 C1 Resolution No. 2019-100: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Arizona Board of Regents on behalf of the University of Arizona and the Town of Marana for transportation engineering services and related research (Libby Shelton) C2 Resolution No. 2019-101: Relating to Deve lopment; approving a final plat for Camino de Oeste, Lots 28, 109, 110 & Common Area "A", a re -plat of Lots 28, 109, 110 & Common Area "A" of the original Camino de Oeste Final Plat, located at 8671 N. Camino de Oeste (Steven E. Vasquez) C3 Resolution No . 2019-102: Relating to Development; approving a final plat for Gladden Farms Block 30, Lots 1-136, Block "A" and Common Areas "A-1" through "A-8" and "B-1" through "B-9" located northwest of the intersection of Midfield Road and Mike Etter Boulevard (Bri an D. Varney) C4 Resolution No. 2019-103: Relating to Development; approving a final plat for Marana Main Street, Blocks 6, 7, 8 & 11 through 17, a re -plat of Blocks 6, 7 and 8 of the original Marana Main Street Plat, located approximately at the northeast corner of Sandario Road and Marana Main Street (Steven E. Vasquez) C5 Resolution No. 2019 -104: Relating to Utilities; approving and authorizing the Mayor to sign a one -year extension of the intergovernmental agreement between the Town of Marana and Pima County for provision of water consumption data and sewer user account billing services (Scott Schladweiler) C6 Resolution No. 2019 -105: Relating to the Police Department; approving and authorizing the Chief of Police to execute an Interagency Service Agreement by and between the Town of Marana and the Arizona Department of Transportation for use of Arizona Traffic and Criminal Software (AzTraCS) (Libby Shelton) C7 Resolution No. 2019-106: Relating to Municipal Court; approving the reappointment of Dixie DeBonis and Kimberly Epling as civil traffic violation hearing officers for the Marana Municipal Court (Laine Sklar) C8 Approval of the Regular Council Meeting Summary Minutes of October 1, 2019, and the Study Session Meeting Summary Minutes of September 24, 2019 (Cherry L. Lawson) LIQUOR LICENSES Town Clerk Cherry Lawson provided an overview of the Liquor License application for a Location/Owner Transfer series #006 Bar liquor licens e application submitted by Thomas Robert Aguilera on behalf of Casa Marana Craft Beer + Wine located at 8225 N. Courtney Page Way #191 Tucson, Arizona 85741, and stated Town Staff recommends Marana Regular Council Meeting 11/05/2019 Page 47 of 94 an order recommending approval be submitted to the DLLC for the r equested application. Council Member Bowen moved and Council Member Kai second the motion approving a recommendation be sent to the DLLC for Location/Owner Transfer series #006 Bar liquor license application submitted by Thomas Robert Aguilera on behalf of Casa Marana Craft Beer + Wine located at 8225 N. Courtney Page Way #191 Tucson, Arizona 85741. Motion passes, 5-0. L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a Location/Owne r Transfer series #006 Bar liquor license application submitted by Thomas Robert Aguilera on behalf of Casa Marana Craft Beer + Wine, located at 8225 N. Courtney Page Way #191 Tucson, Arizona 85741. BOARDS, COMMISSIONS AND COMMITTEES Town Attorney Frank Cassidy provided a brief overview of the item stating this is the Town’s standard process for establishing a Council Subcommittee to review submitted applications and make a recommendation to the full Council. Mayor Honea stated the Council spoke of thi s a couple of months back, and decided that there would not be any Council Members on the Committee. However, Mr. Kalaitzidis will be on the committee and four of the seven applicants need to be submitted to Council for approval. He asked for three Counc il volunteers for the Committee. Council Members Bowen, Kai and Comerford agreed to volunteer for the Committee, with Council Member Bowen serving as Chair. Council Member Kai moved and Council Member Bowen second the motion to approve Resolution No. 2019-107. Motion passes, 5-0. B1 Resolution No. 2019-107: Relating to Boards, Commissions and Committees; establishing a special council committee to receive and review applications for and make recommendations to the Town Council regarding appointment of trustees for the Marana Health Care Benefits Trust; and authorizing the Mayor to appoint three members of the Marana Town Council to the special committee (Jane Fairall) COUNCIL ACTION Water Director Scott Schladweiler provided a PowerPoint Presentation (a copy of the PowerPoint is on file in the Town Clerk’s Office) on this item stating the Town engaged Raftelis approximately one year ago to start a rate study to evaluate Marana’s Water and Water Reclamation Rate Fees. One of the firs t steps the Town took was to establish goals and objectives for this study. He provided the Goals and Objectives as follows: Marana Regular Council Meeting 11/05/2019 Page 48 of 94 • Securing of current and future water resources • Fund system improvements • Fund preventative maintenance programs • Develop and fund a reserve policy • Ensure timely payment of annual debt obligations • Development of rates that provide revenue stability and promote conservation Mr. Schladweiler then explained the rate study schedule of events that had occurred as well as those to follow. (A copy of the slide is on file in the Town Clerk’s Office.) Town staff is recommending adoption of Ordinance No. 2019.021 and Resolution No. 2019 -108 [7:25 PM Minutes:] Mayor Honea open the Public Hearing to receive testimony. There we re no comments. [7:26 PM Minutes:] Mayor Honea closed the Public Hearing. Council Member Comerford moved and Council Member Bowen second the motion approving Ordinance No. 2019-021 and Resolution No. 2019-108. Motion passes, 5-0. A1 PUBLIC HEARING: Ordinance No. 2019.021: Relating to Utilities; amending the Town of Marana comprehensive fee schedule by successively increasing the water base fee, water consumption rates, groundwater resource/acquisition fee, monthly wastewater service fee, and wastewater volume charge for all Marana residential and non-residential water and wastewater customers effective January 1, 2020, January 1, 2021, January 1, 2022, January 1, 2023, and January 1, 2024 (Scott Schladweiler) Resolution No. 2019-108: Relating to Utilities; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2019.021, amending the Town of Marana comprehensive fee schedule by successively increasing the water base fee, water consumption rates, ground water resource/acquisition fee, monthly wastewater service fee, and wastewater volume charge for all Marana residential and non-residential water and wastewater customers effective January 1, 2020, January 1, 2021, January 1, 2022, January 1, 2023, and January 1, 2024 (Scott Schladweiler) Town Attorney Frank Cassidy recalled an earlier conversation with Council related to the medical marijuana initiative adoption stating Marana placed into its Land Development Code a provision about making available up to two (2) Conditional Use Permits for medical marijuana dispensaries. Those provisions in the Land Development Code was focused primarily on the operator of the dispensary. There was no real discussion on how the property owner rights were relative to the conditional use permits. He explained that a Conditional Use Permit is for a particular property. The assumption of the property owners were that the CUP went with the property owner; Marana Regular Council Meeting 11/05/2019 Page 49 of 94 however, the existing language was unclear. The Town was approached by one of the property owners who pointed out that, once a dispensary has been operating for three (3) years, that dispensary could move to any place in Arizona. As Council may recall when the Town set this up, owners had to stay within a Community Health Area (CHA). There are two (2) overlapping CHA’s in Marana. The concern of the property owner was that the dispensary would move to the Phoenix area where there may be more of a customer base, and would likely result in the owner having spent a considerable amount of money for a facility that is perfectly design for a medical marijuana dispensary. The owner was concerned that he would have to obtain a new CUP. Mr. Cassidy explained this provision looks to resolve those concerns and makes clear that the CUP stays with the propert y owner and the property owner has rights to that CUP, it is not just the applicant. There are two (2) different alternative ordinances whereby Alternative 1 leaves the dispensary in the Town of Marana. If a dispensary operator became upset with the land owner, they would not be able to obtain a new CUP in Marana, until the land owner CUP lapse. Alternative 2 makes an exception to the two dispensary cap for that unique circumstance. In going through the public hearing process, the Town has spoken with property dispensary operators and property owners, and the dispensary operators have always understood that there is a two dispensary CUP cap. He does not perceive any concerns from them at this time regarding Alternative 1 of the ordinance, and the property owners also likes it. Town staff recommends Council adopts Alternative 1 ordinance. [7:27 PM Minutes:] Mayor Honea open the Public Hearing to receive testimony. Mayor Honea asked of the two dispensaries one of which is located on Ina Road, he asked whether the CUP is with the building. Mr. Cassidy replied stating of both locations, the one on Ina Road and the one on Travel Center Drive the property owner is different from the d ispensary operator. The Ina Road location, the Town recently issued a CUP amendment, that dispensary crosses the property line. It is in the building next to the river, and have expanded the property to what was formerly Tank Greens property. With the CUP there would likely be an expansion plans submitted to the Town so that they can expand its growth space. [7:29 PM Minutes:] Mayor Honea closed the Public Hearing, as there were no comments offered. Council Member Bowen moved and Council Member Kai se cond the motion approving Ordinance 2019.022 Alternative 1. Motion passes, 5 -0. A2 PUBLIC HEARING: Ordinance No. 2019.022 : Relating to Development; amending Marana Town Code Title 17 (Land Development) by revising section 17 -6-14 Marana Regular Council Meeting 11/05/2019 Page 50 of 94 (medical marijuana dispensary) to clarify the rights of a property owner under a medical marijuana dispensary conditional use permit; and consideri ng whether to create related exceptions to the limitation on the number of permitted medical marijuana dispensaries (Frank Cassidy) ITEMS FOR DISCUSSION / POSSIBLE ACTION Assistant to the Town Manager Heath Vescovi-Chiordi provided an overview of this i tem requesting a fee waiver cap on development related fees totaling no more than $30,000 for new development in the Town of Marana called Sol Dog Lodge. This figure was determined in conjunction with Development Services and Engineering Departments and o nly covers development related fees including: permitting, engineering and review. It does not include impact fees or any fees to any impact fund within the Town. Sol Dog is a local non-profit 501(c)(3) organization that provides integral services to people and animals alike within the Marana community. Sol Dog has purchased four (4) acres of land on the eastside of Interstate 10 on Tangerine Road in the area of Tangerine Business Park, block 9. Due to increased business, they have been overflowing with capacity issues, and are looking to expand its service capacity by building a multi -phase, multi-building campus totaling approximately 18,000 sq. ft. within the Town. At total build -out, the facility will include a combination boarding, kenneling, medical, animal training, community space, foster and many other services related to animal care and control. From the beginning of this process, Sol Dog has not looked to have its business established outside of Marana. It is expected to serve upwardly 5,000 dogs and families per year with the new facility on this new campus. With the addition of this new development, the Town will benefit greatly from an organizational standpoint and as well as for the Marana community. More development in this area has bee n identified as an economic development activity center which satisfies initiatives in both strategic and economic plans. Marana Police Department would benefit from having a small satellite office there which would provide officers an opportunity to stop and complete paperwork and drop off animals when necessary. Marana Animal Care and Control would also in the form of partnerships including the opportunity to expand existing services, as well as venture into new partnerships such as veterinary, emergency and kenneling services, animal training and spade and neutering clinics and more. For this development, approximately 14 fees are related to engineering and review and permitting are permissible. The Town anticipates the cap of $30,000 would satisfy the entirety of phase 1 of Sol Dog development, and would subsequently provide for future phases. Town staff has reviewed this item and is recommending approval of the ordinance. Marana Regular Council Meeting 11/05/2019 Page 51 of 94 Council Member Kai asked about the noise level of the animals on -site and whether the noise will impact neighboring business owners. Mr. Vescovi-Chiordi replied stating in a conversation was had with the former Development Services Manager Ryan Mahoney about the issue, and it was up to the discretion of the Planning Manager to make that call, and that has been carried forward. There would not be a noise issue for the surrounding businesses or neighbors. Council Member Bowen stated the business started as a temporary shelt er for animals where owners face emergency situations, and later be reunited. There are a number of other services that this organization wish to provide. He asked in the event animals cannot be reunited with its owner, how situations like this are handl ed. Mr. Vescovi- Chiordi replied stating it his understanding there is a pre -existing relationship with the Humane Society. Executive Director of Sol Dog Lodge Valerie Polar stated they work very closely with the Humane Society and other rescues. If they are not able to accommodate, they have a wide resource bank of organizations that they can contact in order to provide those services. Council Member Bowen asked whether this type of service is widely needed within the community. Ms. Polar affirmed that this service is needed and they are providing it now, and having the facility allows them the ability to increase the service level. She explained that Sol Dog Lodge has a Memorandum of Understanding (MOU) with the Humane Society (HS) where the HS would do the intake on an animal and contact Sol Dog to take custody, board and reunite it with its family. Council Member Bowen asked whether Sol Dog will provide for adoptions o r work with other agencies. Ms. Polar stated Sol Dog will provide for adoptions; however, its goal is to advertise for all rescues on campus. Mayor Honea asked whether Sol Dog Lodge only accepts dogs or will it accept other animals. Ms. Polar stated it is for dogs only. Council Member Kai asked for an approximate number of animals that Sol Dog Lodge will have at any given time. Ms. Polar stated they are building 62 kennels; they can have up to 120 in its kenneling program, but that they have training, dog day care and grooming. In any given day, there may be several hundred animals passing through its indoor facility. Mayor Honea stated Marana Water is in that area; Sol Dog could get water from the Town. He asked whether Sol Dog would have to have an industrial septic for waste. Ms. Polar stated Sol Dog will have a septic system. Council Member Comerford moved and Council Member Bowen second the motion approving Ordinance No. 2019.023 exempting the Sol Dog Lodge development project from certain Town of Marana development and building fees in an amount up to $30,000. Motion passes, 5-0. Marana Regular Council Meeting 11/05/2019 Page 52 of 94 D1 Ordinance No. 2019.023: Relating to Finance; exempting the Sol Dog Lodge development project from certain Town of Marana development and building fee s in an amount up to $30,000 (Heath Vescovi -Chiordi) Water Director Scott Schladweiler provided a brief PowerPoint Presentation (on file in the Town Clerk’s Office) regarding proposed changes to the Town of Marana comprehensive fee schedule to add or inc rease fees for water and water reclamation services. The last cost service non-rate fee study was conducted in 2009. There were some fees that were updated as of 2015. Below is a highlight of the presentation. Background and Summary • Last update to non-rate service fees was in 2009 • Ensure that service fees are equitable and meet the cost of the services provided Summary of Changes* (*All other fees remain unchanged) • 1 new fee • 2 deleted fees • 4 increased fees • 7 decreased fees He provided an overview of those fees that he is proposing to decrease, increase as well as the next steps in the process, and ask for directions from the Council as to proceeding forward with the recommendation. Council Member Kai inquired about the re -reading of meters relating to spikes in the water cost. He asked whether the Town has the capability to notify customers related to abnormalities in their water usage. Mr. Schladweiler stated Town staff will contact the customer by phone when there is a spike in the usa ge amount. Staff will go out to the home to conduct a data log to review the usage on the account. The Town will actually do a re -read when requested by the customer. Council Member Bowen moved and Council Member Kai second the motion directing staff to bring back to Council a proposed fee schedule to Council for its consideration on December 17, 2019. Motion passes, 5-0. D2 Relating to Utilities; presentation, discussion and possible direction regarding proposed changes to the Town of Marana comprehen sive fee schedule to add or increase fees for water and water reclamation services (Scott Schladweiler) D3 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Marana Regular Council Meeting 11/05/2019 Page 53 of 94 Town’s Marana Current and Proposed Projects internet site (Jason Angell) Item removed from the agenda. D4 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) Town Manager Jamsheed Mehta did not have a report at this time to provide. EXECUTIVE SESSIONS E1 Executive Session pursuant to A.R.S. §38 -431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, o r consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A). E2 Executive session pursuant to A.R.S. § 38 -431.03(A)(4) to consider the Council’s position and i nstruct the Town’s attorneys regarding settlement discussions to resolve litigation in Ashley v. Town of Marana, Pima County Superior Court case number C20184288. [7:56 PM Minutes:] Mayor Honea asked for a motion to go into Executive Session. Council Member Kai moved and Council Member Officer second the motion to enter into Executive Session for the purpose of A.R.S. § 38-431.03(A)(4) to consider the Council’s position and instruct the Town’s attorneys regarding settlement discussions to resolve litigation in Ashley v. Town of Marana, Pima County Superi or Court case number C20184288. Motion passes, 5-0. [8:18 PM Minutes:] Council resumes meeting. FUTURE AGENDA ITEMS Notwithstanding the mayor’s discretion regarding the ite ms 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 Mayor Honea asked for a motion to adjourn the meeting. Council Member Kai moved and Council Member Bowen second the motion to adjourn the meeting. Motion passes, 5-0. Meeting adjourned at 8:18 PM. Marana Regular Council Meeting 11/05/2019 Page 54 of 94 CERTIFICATION I hereby certify that the foregoing are the true and correct mi nutes of the Marana Town Council meeting held on October 15, 2019. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Marana Regular Council Meeting 11/05/2019 Page 55 of 94 MARANA TOWN COUNCIL STUDY SESSION 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 8, 2019, at or after 6:00 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 SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:02 PM and directed the Clerk to call the roll. Vice Mayor Jon Post (Excused), Council Members Dave Bowen, Patti Comerford, Herb Kai, Roxanne Ziegler and John Officer were present. There was a quorum of council members present constituting a quorum. Mayor Honea stated he will provide the public to make comments on Item D as there were several individuals attending who wanted to provide comments on the item. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Ziegler moved and Council Member Kai second the motion approving the agenda. Motion passes, 6-0. DISCUSSION/DIRECTION/POSSIBLE ACTION Marana Regular Council Meeting 11/05/2019 Page 56 of 94 D1 Relating to the Police Department; Presentation regarding the Marana Police Department's award of full accreditation through the Arizona Association of the Chiefs of Police (AACOP) Arizona Law Enforcement Accreditation Program (ALEAP) (Terry S. Rozema) Chief Terry Rozema introduced Deputy Chief Rubin Nunez and provided an overview of the requirements of achieving full accreditation through the Arizona Association of the Chiefs of Police (AACOP). Mayor Honea and Council praised Chief Rozema and his staff for their work within the community as well as congratulated him on achieving full accreditation. D2 Relating to Development; discussion and direction c oncerning a proposed draft intergovernmental agreement with the State of Arizona, by and through the Arizona State Land Department, addressing the proposed rezoning of an approximately 8,032 - acre area of State Land along the Tangerine Road Corridor and the proposed auction of an approximately 2,766-acre Reconfigured Tortolita Preserve (Frank Cassidy) Town Attorney Frank Cassidy provided a PowerPoint Presentation (On file in the Town Clerk’s Office) on the proposed draft intergovernmental agreement with the State of Arizona. Below are the highlights from the presentation. Existing Tortolita Preserve Lease • 2,399 acres • 99 Year Lease • Began 10/25/2000 • Ends 10/24/2099 • Year 1: $432,000 • At least 10% increase every five (5) years • 2019: $574,992 • Year 99: At least $2,642,073 Overview of discussion over the years • Since 2011: Marana seeks to buy out the Tortolita Preserve lease • 2016-present: ASLD will only auction the Tortolita Preserve if other surrounding ASLD land benefits from the sale Town of Marana Strategic Goals include: • Implementing a viable financial solution for Tortolita Preserve o Strategic Plan Four, Community Principle Statement 1, Goal 5 • Development of the Tangerine Road Corridor o Strategic Plan Four, Commerce Principle Statement 2, Goal 1 o Economic Development Strategic Plan Marana Regular Council Meeting 11/05/2019 Page 57 of 94 • Identify and Protect areas with significant wildlife habitat o 2010 Marana General Plan Goals, Policies, and Actions, Goal 1.b. Key Steps • New IGA o Spells out rezoni ng and auction process o Waives rezoning fees o Sets the minimum bid for auction of the Reconfigured Tortolita Preserve at the higher of: ▪ The fair market value of the Reconfigured Tortolita Preserve ▪ The net present value of the leased fee interest in the existing Tortolita Preserve based on scheduled rents under the 99 - year lease. • ASLD Tangerine Rezoning o ±8,032 acres along the Tangerine Road Corridor from Agricultural (AG) and Zone C – Large Lot Zone to Specific Plan: ▪ ±2,766 acres of open space zoning, including areas bordering Dove Mountain and habitat-rich wildlife corridors —the “Reconfigured Tortolita Preserve” ▪ Zoning entitlements on the balance of the property —the specifics to be included in the specific plan to be submitted by ASLD after app roval of the IGA • Auction of the Reconfigured Tortolita Preserve o Auction occurs after completion of the ASLD Tangerine Rezoning o Establishes a permanent Reconfigured Tortolita Preserve with wildlife corridors extending all the way through and to the edges o f State Land • ASLD Rezoning (white border, ±8,032 ac) • Existing Tortolita Preserve (green cross -hatch, ±2400 ac) • & Reconfigured Tortolita Preserve (solid green, ±2766 ac) Mayor Honea stated he had wished Marana would be in a position to purchase the state land outright. We started out trying to determine how best to purchase the state land, and it morphed into rezoning 8,000 acres of Arizona State Land. Some of this looks good until you get into the details, and some is not so good. The state wants Marana to have 2,700 acres of mitigation land, none of which is useable land. It is not land that has any real value. In return, Marana will give to the state approximately 60% of mitigated land which meets the criteria for building homes and commercial development. Marana would be trading some good land for non -useable land; however, the problem for him is the cost. Council was looking to save money for the citizens of the Town of Marana as that is what the Council is working towards. If the Town finances $16 to 17 million as a Marana Regular Council Meeting 11/05/2019 Page 58 of 94 minimum to borrow money to pay the state for the Town to own those washes, it would cost the Town approximately $1.1 million dollars a year in debt service. At present, the Town is paying $574,000 per year. That is $55 0,000 more than what we are currently paying today. In five (5) years that amount will increase by 10% percent; actually it will increase by 10% in one year. With an additional $57,000 that puts the Town at approximately $620,000. In borrowing the funds to purchase the state land that is still $1.1 million; thereby, paying $4 million. He continued stating if this payment is extended over 20 to 30 years, it would take a long to get even. It is possible to save someone in the future from having to pay $1.1 million. With inflation and the valuation of money, in 50 years from today, those dollars may equal today’s dollar. It is a big win for the state and a loss for Marana. Council Member Ziegler thanked Mayor Honea for opening the meeting to allow for public comment on Item D2. She had been complaining about this for 10 years from the dais. She commented on the annual payment of $574,000 to the State; the Town could do so much more with those funds. She recalled when Mr. Cassidy brought forward this item nearly six months ago. Mr. Cassidy clarified stating the Town has met individually with Council Members to inform of the ongoing conversations with the state. This is the Town’s first presentation of this matter before Council in a meeting. She needs to understand Mayor Honea comments as she has concerns with Marana being put in a worse situation though with parameters. Her concerns are the state is attempting to tell Marana how to zone its community. On the positive side, Town staff has done a great job. She will need additional information related to the financials on this matter. If we have to pay more to get less, she is not for that practice. Mr. Cassidy clarified some of the comments made by Council during its discussion stating the Council is not obligated to approve any particular zoning as it is just like any other zoning situation. It is entirely up to the Council discretion. It is true that should the state not like what Council has approved. At the end of the day if they do not like what Council has done, they will auction the property. The provisions of the lease prohibits a golf course being developed. Mayor Honea stated the Town could build a park. Mr. Cassidy stated it is a very restrictive park. The Town could have walking paths, but no golf course. Council Member Kai stated Marana needs to have a drainage study conducted on this state land property. The drainage study will impact what they can do and the number of acres there are, not 8,000 acres. That gives the Town a better handle on what the rezoning would entail. He acknowledged the cost involved and stated he is not sure whether the Town could take a snapshot at the overhead —big picture to determine the developability of the land. Mr. Cassidy replied stating that was the Town’s reaction a couple of years ago. State land did in fact pay to have a drainage study performed as Marana Regular Council Meeting 11/05/2019 Page 59 of 94 the Town initial reaction was not positive. He believe it was CMG Drainage performed the study. Those corridors that are there came ou t of that study. Council Member Bowen referencing the drainage areas within the map as indicated by Carolyn Campbell did not feel sufficient stating they did followed the drainage path. He agrees with Mayor Honea it is too costly. He asked why the state restricted the Town from selling. Is that constitutional or case law whereby Marana cannot recoup those cost? If the state recoup all of those costs, future cash flows that the state would have received from that by auctioning off the land, and minimum prices are set through all cost, what is problem with Marana recouping its costs? Mr. Cassidy replied stating it is totally in State Land Department and in particular the Commissioners discretion to decide whether to auction property. One of the practical arguments the Commission ends up getting when there is an existing lease that there is more liberal use available for lease money in than from money from a sale of state land. When the beneficiaries receives money, those funds are used for operation and maintenance purposes among other things. Whereas when state land is sold, those proceeds can only be used for capital purposes, as he understands. Therefore the beneficiaries prefers to have lease revenues. The beneficiaries may begin to pressure the Commissioners to leave the lease in place as that is a stream of income. There is nothing in state law to force the Commissioner to auction land. Council Member Bowen asked how the mitigation land that the Town has been forced to buy cannot itself be pieced -meal by being tacked on to now developable property for repayment to the Town. He asked whether this is state law. Mr. Cassidy replied stating this is not state law that would make those requirements. There are state land representatives that hears the Council, and he believes suggestion should be that they rethink its position. Howe ver the negotiating position of the state land up until this point, they do not want to double -dip with open space. That is, obtain a rezoning, have a developer to say to the state that you have to give up more open space, or pay the Town for its open space. The state want to take care of the open space one time and be done. He understands Council viewpoint on this matter. Council Member Bowen stated it would be a benefit to the Town to be compensated for the outlay of cost the Town would have to assume for the mitigated land; however under the current circumstances he agrees with the Mayor that this is not feasible. Mayor Honea stated at this point, the state would not buy the land, they would buy the right to the mitigation acreage. Marana could keep the land or put it in a trust; it would be government open space of the land. Marana would buy a portion of the rights to it. With state land, lease funds can be spent immediately up on receipt by the state. If you purchase property from the state like the $17 million, those funds goes into the investment pool at Arizona State Land. He stated there are two big problems for him, 1) Marana expense would almost double for its annual payment upwardly for the next Marana Regular Council Meeting 11/05/2019 Page 60 of 94 15 years; and 2) Marana is not able to use that mitigation space to help recoup some of the capital debt that belongs to our citizens. If the Council agrees to have this brought back for further consideration, it would be best t o have numbers assigned so that Council is able to look at the dollar amount in its review. Public Comment Mayor Honea open the meeting to receive public comments on this item. Tom Hannagan commented on state land stating the residents at Dove Mountain have gotten use to looking at the Tortolita Preserve and it is use quite a bit. It is a multi -use facility and is a pristine Sonoran Dessert. The residents like and would like to keep it. If it is going to change, it is something that they will need to watch and be a part of. He wanted to let Council know that the residents like the open space up there. If Marana does continue to have discussions with the state, he ask that Council take advantage of Carolyn Campbell services as she is someone who knows the area and the topic matter. Carolyn Campbell Coalition for Sonoran Desert Protection commented on the email, letter and map that was sent to Council. She thanked Council for its past efforts in conservation and indicated that they had been involved in the early days of trying to purchase the lease, and Council should be applauded for its efforts. She continued to cite those efforts of the Council including the cost savings to the Town; the endangered species what inhabit the open land. She would like to respond to the issue related to the proposal at hand, but stated they would definitely support any efforts to purchase the current configuration of the preserve. This is not acceptable to wildlife. She explained the email and attachments that were sent to Council. Mayor Honea stated the Town needed to put dollar figures to the transactions presented and perhaps speak with the state about allowing Marana to recoup some of its taxpayers’ dollars investments on the mitigation land if Marana we re to do a program similar to what was presented by Ms. Campbell. It does not have to be all, maybe one or something and try to work together. Council Member Ziegler stated years ago the Town spoke of mitigation land, we were mitigating Pinckney Owls years ago. She ask what the Town is looking to mitigate at this time. Mayor Honea stated the Town told the state that years ago. When the Town signed the contract with the state, it made one error. Marana did not tie it to the mitigation land for the Pinckney Owl . The Council talked about it being mitigated land for the Pinckney Owls; however, the contact with the state does not mention the owl. Council Member Ziegler reiterated her question asking what is being mitigated, because the land cannot be used . Mayor Honea stated when the Town purchased the mitigation land the Town did not tie it legally to the Pinckney Owl. Even though the Pinckney Owl went away, the Town still had the contract with the state. Marana Regular Council Meeting 11/05/2019 Page 61 of 94 Mr. Cassidy stated Mayor Honea is correct that the Pinckney Owl is not mentioned in the lease agreement. He provided some historical context to the clarity of the agreement stating the Town was not the negotiator of the agreement. Cottonwood Properties negotiated the lease for the benefit of the hotel. When the property came to be auctioned, Connelly Wolfwrinkle wanted to build a hotel in Oro Valley outbid Cottonwood Properties. The Town then did a series of complicated contracts with Cottonwood under the threat of condemnation acquired the lea se. That is how the Town came into the lease. The way that the lease was originally negotiated, the State Land Department was a third party to the species discussion. The species discussion happened between Cottonwood and Fish and Wildlife Service. The Fish and Wildlife Service provided a calculation stating you had to come up with 2400 acres of mitigation land. Separately, Cottonwood met with State Land and identified this particular land and provided this land. Since the state will not sell the land , they will only provide a 99 year lease, will that be sufficient for mitigation purposes. As he understands, Fish and Wildlife agreed. That deal was handled separately. State Land was not involved in the species discussion. When the Town took possessio n of the lease, there is no language in the lease as to why it was entered into. Due to that, Marana cannot cite Frustration of Purpose as it is not the stated purpose, and he suspects that is one reason why the state never mentions mitigation reasons, as they have a 99 year lease agreement that could not be terminated. Mayor Honea stated Cottonwood Properties initiated the lease, and the Town agreement with Cottonwood was that Marana would not assume the lease until we had gotten to one million in tax re ceipts. Marana reached that point some four to six years into the system. Council Member Kai, when the Ritz Carlton was built, it was projected to be an 800 room hotel from where the large tax numbers were stated; however, became a much smaller place with 200 room and a reduced sales tax base. Mayor Honea stated the Ritz Carlton does generate enough money to pay the debt Marana incurred because of it. It generates enough to pay the lease, and pay enough sales tax to pay the reimbursement to Cottonwood Properties that will go on for some time for the infrastructure that they built in that area. It is not that Marana is losing money because of the Ritz, Marana is not making money from it as those funds are going to the lease payment and reimbursements to Cottonwood. Council Member Officer stated 2400 acres are what Marana has. When they came back to Marana, it received 2766. He asked what the payment be if Marana moved to purchase the property. He asked whether it would be on the 2400 or the 27 66 acres. Mr. Cassidy stated it is a little of both. T he minimum bid for the 2700 has to be either the value of the 2700, or the value of that current the future lease flow of 2400 acres. As part of this, they will be cancelling that lease. The lease payments on the 2400 will come into view as the current d eal that is being negotiated, but also the value of the 2700 or more depending on whether there are more wildlife corridors. Marana Regular Council Meeting 11/05/2019 Page 62 of 94 Council Member Ziegler stated one of the options is to stay with what Marana currently have. Mr. Cassidy replied stating that Council Member Ziegler assessment is correct. If Marana does not reach a mutual arrangement to cancel the lease through some arrangement, then the lease stays in place until 2099. Council Member Ziegler stated with the 2400 acres state land will stop the neg otiations and Marana will continue with its practice of moving forward. D3 Relating to Development; a presentation and possible direction on comments received in the 60-day statutory review period of the Make Marana 2040 General Plan (Jason Angell) Development Services Director Jason Angell provided a PowerPoint Presentation (on file in the Town Clerk’s Office) on the required 60 day statutory review period of the Town of Marana Draft General Plan. B elow is are highlights of the presentation. Agenda 1. Project Overview 2. Public Engagement 3. Plan Organization 4. Public Draft 5. Next Steps / Questions What is a General Plan? Project Overview • The General Plan is: o Long Term o Comprehensive o General • The General Plan Provides: o Vision for the future o Guidance through goals, policies and programs for: o Existing Neighborhoods o New Growth o City Investment • Arizona State Law (Arizona Revised Statutes (ARS) Title 9, Chapter 4, Article 6) o Update every 10 years o 17 Elements required of cities more than 50,000 people • Prop osed General Plan: 19 Elements o 14 State required elements o 2 Elective or non-required elements Marana Regular Council Meeting 11/05/2019 Page 63 of 94 • Map Atlas (Existing Conditions) o Project Deliverables 2 – Documents: ▪ Map Atlas (Existing Conditions) ▪ General Plan o Assessment of Marana’s existing conditions o Illustrative book of maps and data o Background information for the General Plan General Plan Organization: Public Engagement • Five Sections o Introduction o Built Environment o People and Community o Resources and Sustainability o Implementation • Built Environment Elements o Land Use o Housing o Circulation o Bicycling o Growth o Cost of Development o Public Services and Facilities o Public Buildings • People and Community Elements o Economic Vitality* o Public Safety o Recreation o Arts & Culture* o Neighborhood Preservation and Revitalization o Conservation, Rehabilitation, and Redevelopment o Elective Elements • Resource and Sustainability Elements o Open Space o Water Resources o Environmental Planning o Conservation o Energy • Engagement Events o Over 60 Events ▪ Interviews ▪ Focus Groups ▪ Community Groups (Chamber, SAHBA) Marana Regular Council Meeting 11/05/2019 Page 64 of 94 ▪ Workshops ▪ Community Events ▪ Community Forum ▪ Advisory Committee Meetings ▪ Commission Updates ▪ Council Updates o Public Comment (60 day Review) ▪ 77 unique commenters ▪ 6 agency comments • Eloy, Oro Valley, PAG, Pima County, Coalition for Sonoran Desert Protection, SAHBA Council Member Ziegler inquired of the type of comments from Oro Valley. Mr. Angell replied stating much of the comments were related to the actual plan submitted by State Land as it relates to the plan that was presented to Oro Valley. Oro Valley was considering as part of the annexation. Some comments referenced the high density that was being proposed or the buffers that it would have provided. In the General Plan, Marana is referring to it as a Special Planning Area. It was more along the lines of a zoning request or application that had been presented to Oro Valley. ▪ By Topic • 82 (43%) comments on ASLD • 17 (9%) comments not applicable to the General Plan • 15 (8%) Technical edits • 13 (7%) Conservation • 12 (6%) Water • 10 (5%) Roadways and secondary connection to Dove Mountain ▪ ASLD Breakdown (82 comments) • 38 (46%) General • 27 (24%) Oro Valley property • 17 (21%) Tortolita property ▪ By Theme • 104 (55%) on Built Environment The me • 45 (24%) on Resources and Sustainability • 18(10%) on People and Community o State Land Discussion ▪ Arizona State Land • 17 (21%) comments on Tortolita property • Prefer property remain “undisturbed” • Oppose use of special planning requirements for future develop ment Marana Regular Council Meeting 11/05/2019 Page 65 of 94 • “Town of Marana is(not) qualified to alter the...Tortolita Plan” • State Land in Marana • 98 square miles • 20 (20%) designated SPA • Special Planning Area • Offers MORE PROTECTION with definitive requirements • Now requires Specific Plan with detailed planning, engineering, and site design, including: • Detailed plan for conservation, preservation, natural vegetation, drainage, and wildlife corridors Council Member Ziegler asked whether it was at that time that the state had indicated that they do not have enough people here to talk about it and left. The state said that they could not do that at this time, and could not continue to negotiate with Oro Valley. State officials did not provide any further explanation nor timelines of any sort. It is her understanding that at this time it is a deferred matter which can be deferred for some time. o Northern MPA Discussion ▪ Municipal Planning Area • Proposed 6-Mile extension north • Includes : o Picacho Peak o Future Red Rock rail facility o Eloy Planning Area established in 2010 • Eloy response: o Request revision back to common boundary of 2010 o Will continue to plan and annex area as part of Eloy Mr. Angell stated he is seeking direction from Council related to the comments provided by the Eloy. The Town and Council had a discussion related to the planning boundaries. With the Council direction, the Town looked at expanding the boundaries of the Town to the north. Eloy’s comments within the summary were, requesting of the Town to pull back its boundary to stay in line with the existing 2010 boundary. Eloy states that they will continue to plan and the area as part of Eloy. The Town has had numerous friendly conversations with Eloy. He pointed out a few points for the Council including, (referring to the Northern MPA Discussion slide) Marana sever the east planning boundary of Eloy (purple shaded area) to the eastside and create a separation there. The Town’s existing planning boundary as we continue where we are currently, follows up to the CAP Canal. Marana Regular Council Meeting 11/05/2019 Page 66 of 94 He stated the Town took that same methodology as they follow along I -10. In that area is Picacho State Park, as well as surrounding state land. There a re also individual property owners in that area as well. In speaking with Eloy, they see Picacho as a landmark for their community as a way to identify with visitors who come to Eloy. He would like direction from Council on these comments as to the north boundary. Mayor Honea stated we arrived at this from discussions in a previous meeting whereby staff spoke about going east and west. Most of the Council expressed disinterest or view it in smaller portions. Council was interested in going north. He r ecalled Vice Mayor Post commenting that Marana go up to Picacho Peak. That is where those conversations ended, that Council did not pick up the discussion from that point. Mayor Honea stated he is interested in our existing northern boundary that would take in Pinal Airpark, and Red Rock as that would take in our planning boundary , up pass Sascal Road. He is not interested in annexing the east and west, but going north there is value in those areas. He does not have a problem with staying were we currentl y are. Council Member Kai stated he has had conversations with some of the people in Eloy about the cross-hatch pattern that Marana travelled another six miles, and it appears that the Town should pull back the boundary to the original 2010 boundary. The City of Eloy expressed concern that Marana was encroaching upon its boundary area. He stated the Town should pull back the boundary to the 2010 boundary. Council Member Comerford agreed. Council Member Ziegler commented on the City of Eloy’s remarks that they were not pleased wi th the proposal by the Town. She asked Mayor Honea to remind of her of the areas where Marana would extend its boundary. She is in favor of keeping the boundary at the 2010 boundary line. That Council Member Comerford was very clear in a past meeting di scussion that Marana was not interested in annexing into Eloy, and Eloy does not want Marana encroaching its city. Council Member Comerford stated her intentions were always up to Picacho Peak not beyond that point. Her major concern was east and west, a nd not I-11 at this time as there is no money to build road at this time or perhaps into the future. Marana needs to look at the next 20 years for this community and the needs of it. Red Rock is more willing to be adopted eventually, as they do not like having to wait two hours for the police to respond. Next Steps: Project Overview • Project Schedule Mr. Angell discussed the next steps in the process with Council stating with the comments that were received, Town staff is working to provide a response to each of the individuals who took the time to offer comments to the Town. October 30 will be Marana Regular Council Meeting 11/05/2019 Page 67 of 94 the first public hearing before the Planning Commission that will be held at the Wheeler Taft Library. The second public hearing will be held November 20 before the Planning Commission in the Council Chambers. On December 10 before the Council a public hearing has been scheduled in the Council Chambers, with a request for action. Upon the Council’s action that evening, the Town would then need to have a voter ra tification during the August 4, 2020 Primary Elections. This is still a draft plan, and will continue to be up until the Council takes formal action to adopt the plan. During this time, the Town will continue to accept all forms of comments and feedback, and will evaluate those as the Town goes through the public hearing process. 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), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A). 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 Mayor Honea asked for a motion to adjourn the meeting. Council Member Bowen moved and Council Member Comerford second the motion to adjourn the meeting. Motion passes, 6-0. Meeting adjourned at 7:46 P.M. CERTIFICATION: I hereby certify that the foregoing are the true and correct minutes for the Study Session Meeting of the Marana Town Council meeting held on October 8, 2019. I further certify that a quorum was present. ____________________________________ Cherry L. Lawson, Town Clerk Marana Regular Council Meeting 11/05/2019 Page 68 of 94      Council-Regular Meeting   L1        Meeting Date:11/05/2019   To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Suzanne Sutherland, Executive Assistant to the Town Clerk Date:November 5, 2019 Strategic Plan Focus Area: Not Applicable Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #012 Restaurant Liquor License application submitted by Jayesh C. Patel on behalf of Spice Garden Indian Cuisine, located at 5815 W. Arizona Pavilions Drive #155 Tucson, Arizona 85743 (Cherry L. Lawson) Discussion: This application is for a series #012 Restaurant liquor license at Spice Garden Indian Cuisine located at 5815 W. Arizona Pavilions Drive #155 Tucson, Arizona 85743.    Pursuant to state law, the application was posted at the premises where the business is to be conducted.  The posted notice provided that residents within a one-mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk’s Office within 20 days of the posting.  Any written arguments received by the Clerk’s Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC).   Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business.  Additionally, the Marana Police Department has conducted a local background check.    The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application.  Pursuant to state statute, a Marana Regular Council Meeting 11/05/2019 Page 69 of 94 license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and “in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license.”   If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation.   If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the 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 new #012 Restaurant liquor license application submitted by Jayesh C. Patel on behalf Spice Garden Indian Cuisine, located at 5815 W. Arizona Pavilions Drive #155 Tucson, Arizona 85743.    OPTION 2:      I move to adopt and submit to the DLLC an order recommending disapproval of a new #012 Restaurant liquor license application submitted by Jayesh C. Patel on behalf Spice Garden Indian Cuisine, located at 5815 W. Arizona Pavilions Drive #155 Tucson, Arizona 85743. Attachments Application Affidavit of Posting Local Governing Body Recommendation Descriptions of Common Types of Liquor Licenses Marana Regular Council Meeting 11/05/2019 Page 70 of 94 Marana Regular Council Meeting 11/05/2019 Page 71 of 94 arana Regular Council Meeting 11/05/2019 Page 72 of 94 Marana Regular Council Meeting 11/05/2019 Page 73 of 94 Marana Regular Council Meeting 11/05/2019 Page 74 of 94 Marana Regular Council Meeting 11/05/2019 Page 75 of 94 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 11/05/2019 Page 76 of 94 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 11/05/2019 Page 77 of 94 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 11/05/2019 Page 78 of 94    Council-Regular Meeting   A1        Meeting Date:11/05/2019   To:Mayor and Council From:Scott Schladweiler, Water Director Date:November 5, 2019 Strategic Plan Focus Area: Community Subject:Resolution No. 2019-113: Relating to Utilities; authorizing Town staff to apply for a Clean Water State Revolving Fund loan from the Water Infrastructure Finance Authority of Arizona (WIFA) to fund additional construction costs for the Adonis Lift Station and Force Main Project (WR015); and approving the transfer of up to $475,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2019-2020 budget to the Adonis Lift Station and Force Main project (WR015) to cover a budgetary shortfall for additional costs for the construction of the project (Scott Schladweiler) Discussion: Resolution No. 2018-075 was adopted by the Mayor and Council on August 7, 2018 for the original WIFA Loan ($1,481,990) associated with the Adonis Lift Station and Force Main project (WR015). Since then, the assessment and rehabilitation of the existing Adonis Sanitary Sewer System has been completed ($111,402), along with the 100% Design of the new Adonis Lift Station and Force Main ($126,291). Also included in the original WIFA Loan was $561,990 for impact fees. Based on the cost of work completed to-date and the impact fees, the WIFA Loan Balance remaining is $682,307. On Thursday, September 26, 2019, the Town of Marana received three proposals from qualified firms to construct the Adonis Lift Station and Force Main, with $1,045,673.10 being low bid. The low bid is approximately 30% higher than the original third-party Engineer’s Opinion of Probable Construction Cost that was provided to the Town prior to the WIFA Loan Acquisition. This equates to a budget shortfall of $363,366.10. In order to cover the shortfall and provide adequate construction contingency, staff is asking permission for additional budget capacity and for permission to apply for a second WIFA loan for this project (with potentially up to 50% forgivable principal) in Marana Regular Council Meeting 11/05/2019 Page 79 of 94 the amount of up to $475,000.  Funds would be transferred from the General Fund Contingency to the project fund. There may be an internal borrowing between unrestricted funds to temporarily cover these costs while we seek approval and reimbursement from WIFA. Financial Impact: Fiscal Year:2020 Budgeted Y/N:N Amount:$475,000 A transfer of budget capacity would happen from the General Fund Contingency line item (10010000-7920) to the existing project (WR015) for an amount of up to $475,000. Staff Recommendation: Staff recommends use/transfer of funding from the General Fund Contingency line item (10010000-7920) to the project line item for an amount of up to $475,000. The additional funding requested is to include adequate room for contingency funding and will not be spent if not necessary.  There may be an internal borrowing between unrestricted funds to temporarily cover these costs while we seek approval and reimbursement from WIFA. Suggested Motion: I move to adopt Resolution No. 2019-113, authorizing Town staff to apply for a Clean Water State Revolving Fund loan from the Water Infrastructure Finance Authority of Arizona (WIFA) to fund additional construction costs for the Adonis Lift Station and Force Main Project (WR015); and approving the transfer of up to $475,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2019-2020 budget to the Adonis Lift Station and Force Main project (WR015) to cover a budgetary shortfall for additional costs for the construction of the project. Attachments Resolution No. 2019-113 Marana Regular Council Meeting 11/05/2019 Page 80 of 94 MARANA RESOLUTION NO. 201 9-113 RELATING TO UTILITIES; AUTHORIZING TOWN STAFF TO APPLY FOR A CLEAN WATER STATE REVOLVING FUND LOAN FROM THE WATER INFRASTRUCTUR E FINANCE AUTHORITY OF ARIZONA (WIFA) TO FUND ADDITIONAL CONSTRUCTION COSTS FOR THE ADONIS LIFT STATION AND FORCE MAIN PROJECT (WR015); AND APPROVING THE TRANSF ER OF UP TO $475,000 IN BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND CONTINGENCY LINE ITE M IN THE FISCAL YEAR 2019-2020 BUDGET TO THE ADONIS LIFT STATION AND FORCE MAIN PROJE CT (WR015) TO COVER A BUDGETARY SHORTFALL FOR ADDITIONAL COSTS FOR THE CONSTRUCTION OF THE PROJECT WHEREAS on May 15, 2018, the Town Council adopted Resolution No. 2018 -047, authorizing acquisition of the Adonis Mobile Home Park wastewater conveyance sys- tem and authorizing the Town to apply for a Clean Water State Revolving Fund loan from the Water Infrastructure Finance Authority of Arizona (WIFA) to cover Town costs to, among other things, design and construct a new lift station to connect the Ado- nis Mobile Home Park to the Town’s wastewater utility system (the “Adonis Lift Station and Force Main project (WR015)”); and WHEREAS on August 7, 2018, the Town Council adopted Resolution No. 2018-075 approving a WIFA loan agreement in the amount of $1,481,990 for the Adonis Lift Station and Force Main project (WR015); and WHEREAS after a competitive bid p rocess, the Town received proposals from qualified firms to construct the Adonis Lift Station and Force Main, with the low bid coming in at approximately 30% higher than the original third -party Engineer’s Opin- ion of Probable Construction Cost, equating to a budget shortfall of $363,366.10 ; and WHEREAS pursuant to Arizona Revised Statu tes section (A.R.S. §) 9-571, the Town may obligate the revenues generated by its wastewater system and other reve- nues otherwise authorized by law to be used to repay long -term obligations to repay a loan from WIFA; and WHEREAS the Town of Marana, located in Pima and Pinal Counties, certifies that the population of the community is under 50,000 in population as of the most re- cent U.S. Census data; and WHEREAS according to the most recently available population statistics from the State of Arizona Office of Economic Opportunity, the Town of Marana’s population Marana Regular Council Meeting 11/05/2019 Page 81 of 94 at the time of this request for WIFA financial assistance is approximately 45,378, which meets the requirement under A.R.S. § 9-571; and WHEREAS the Mayor and Council of the Town of Marana find that it is in the Town’s best interest to pursue and apply for financial assistance from WIFA in an amount not to exceed $475,000 to fund additional construction costs for the Adonis Lift Station and Force Main project (WR015); and WHEREAS on June 18, 2019, the Town Council adopted the fiscal year 20 19-2020 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS the Town Council desires to transfer budgeted expenditure authority in the fiscal year 2019-2020 budget of up to $475,000 from the General Fund contingency line item to the Adonis Lift Station and Force Main project (WR015) to fund the budget- ary shortfall for construction of the project while staff applies for a WIFA loan for this amount; and WHEREAS transferring budgeted expenditure authority from the contingency fund of up to $475,000 within fiscal year 2019-2020 will not significantly impact the General Fund; and WHEREAS reallocations of budgeted expenditure authority between the contin- gency line item in the General Fund to other line items are necessary from time to time; and WHEREAS the Council finds that the reallocations addressed by this resolution are in the best interest of the Town of Marana and its citizens ; and WHEREAS the Council fi nd s that it is in the Town’s best interest to pursue and apply for financial assistance from WIFA in an amount not to exceed $475,000 for addi- tional construction costs for the Adonis Lift Station and Force Main project (WR015). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Manager is hereby authorized to sign for and on behalf of the Town of Marana all applications, agreements, and other documentation necessary or beneficial for Clean Wa ter State Revolving Fund financial assistance from WIFA in an amount not to exceed $475,000, payable from revenues of the wastewater system and other revenues otherwise authorized by law to be used to repay long -term obligations, to cover additional construction costs for the Adonis Lift Station and Force Main project (WR015). SECTION 2. The transfer of up to $475,000 in budgeted expenditure authority from the General Fund's budgeted contingency line item in the fiscal year 2019-2020 budget to the Adonis Li ft Station and Force Main project (WR015) to cover a budgetary shortfall for additional costs for the project construction is hereby approved. Marana Regular Council Meeting 11/05/2019 Page 82 of 94 SECTION 3. All actions of the officers and agents of the Town of Marana which conform to the purposes and intent of this resolution and which further the completion of the actions as contemplated by this resolution, whether heretofore or hereafter taken, are hereby ratified, confirmed and approved. The proper officers and agents of the Town are hereby authorized and directed to do all such acts and things and to execute and deliver all such WIFA application documents on behalf of the Town as may be nec- essary to carry out the terms and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of November, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 11/05/2019 Page 83 of 94      Council-Regular Meeting   D1        Meeting Date:11/05/2019   To:Mayor and Council From:Heath Vescovi-Chiordi, Assistant to the Town Manager Date:November 5, 2019 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: PRINCIPLE STATEMENT: We will seek and retain diverse industries and commerce.  Initiative: Develop strategies and promote initiatives to further the development of the downtown district. Subject:Relating to Public Art; presentation, discussion and feedback regarding multiple public art concepts for construction and installation in the newly designated Downtown Marana area, at the roundabout located at Sandario Road and Marana Main Street (Heath Vescovi-Chiordi) Discussion: As part of the Strategic Plan 4, adopted in 2017, the Town of Marana has begun concerted efforts to assist in creating a business climate suitable to spur development in Downtown Marana and Marana Main Street. As part of these efforts, Town Staff is seeking any and all initiatives to further development of the downtown district. As part of the collective effort in this area, the Town is seeking to construct and install a piece of public art to act as a gateway to Marana Main Street and Downtown Marana. To that end, the Town is presenting three different art concepts to the Town Council, and seeking direction on which concept is most appropriate to move forward with for construction and installation.These concepts are part of a collaborative effort, utilizing grant funding from Pima Association of Governments' Transportation Art by Youth (TABY) program, as well as a supplemental amount of $25,000 from the Downtown Marana Reinvestment Fund (DMRF). The TABY funding source is the same funding source that was used to design, construct, and install the Deer at Tangerine Sky Park art feature in late 2017. Marana Regular Council Meeting 11/05/2019 Page 84 of 94 Moving forward, upon receiving direction from Council, the Town will finalize the selected design concept and begin the construction and installation process, working directly with Town Staff, the selected artist, and Marana High school CTE Welding Program instructor as well as three students from that program. Installation is anticipated to occur in the December 2019 through January 2020 timeframe. Staff Recommendation: Council's pleasure. Suggested Motion: Presentation seeking feedback only. Attachments Marana Main Street Public Art Project Marana Regular Council Meeting 11/05/2019 Page 85 of 94 Marana Main Street Roundabout Public Art Project Heath Vescovi-Chiordi / Assistant to the Town Manager 10-29-19 Marana Regular Council Meeting 11/05/2019 Page 86 of 94 Downtown Marana Marana Regular Council Meeting 11/05/2019 Page 87 of 94 Art in Marana Marana Regular Council Meeting 11/05/2019 Page 88 of 94 Downtown Marana Landscape Project Concept A Concept B Concept C Concept D Marana Regular Council Meeting 11/05/2019 Page 89 of 94 Downtown Marana Art Project Concept 1 – Coyote Pack Marana Regular Council Meeting 11/05/2019 Page 90 of 94 Downtown Marana Art Project Concept 2 – Abstract Marana Logo Marana Regular Council Meeting 11/05/2019 Page 91 of 94 Downtown Marana Art Project Concept 3 – Horse & Rider (Geometric) Marana Regular Council Meeting 11/05/2019 Page 92 of 94 Downtown Marana Art Project Concept 3.5 – Horse & Rider (Sliced) Marana Regular Council Meeting 11/05/2019 Page 93 of 94 Questions? Marana Regular Council Meeting 11/05/2019 Page 94 of 94