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HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 02/18/2020MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Conference Center on the Second Floor, February 18, 2020, 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 February 18, 2020, at or after 7:00 PM located in the Conference Center on the Second Floor 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 Conference Center) and deliver Marana Regular Council Meeting 02/18/2020 Page 1 of 185 it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Conference Center is 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.   Marana Regular Council Meeting 02/18/2020 Page 2 of 185 PROCLAMATIONS   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   P1 Relating to Budget; presentation of second quarter results (July-December) 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; approving a change order to the Construction Contract between the Town and Sunland Asphalt & Construction, Inc., in the amount of $180,250.45 for Pavement Preservation 2020, Project No. PM020; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Keith Brann)   C2 Resolution No. 2020-010: Relating to Facilities; approving and authorizing the Town Manager to administer the amended Town of Marana Meeting Facilities Usage Policy (David L. Udall)   C3 Resolution No. 2020-011: Relating to Development; approving a final plat for Marana Center Parcel 5, Lots 1-2 located east of Interstate 10 and southeast of Twin Peaks Road (Cynthia L. Ross)   C4 Resolution No. 2020-012: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Marana Chamber of Commerce, Inc. regarding the planning, development and presentation of the 2020 Big Green Event (Jim Conroy)   C5 Resolution No. 2020-013:  Relating to Development; approving a final plat for Saguaro Bloom Block 2, lots 42, 43 and a portion of common area “B,” a re-plat of lots 42, 43 and a portion of common area “B” of the original  Saguaro Bloom Block 2 plat (Steven E. Vasquez)   C6 Resolution No. 2020-014:  Relating to Community and Neighborhood Services; Marana Regular Council Meeting 02/18/2020 Page 3 of 185 C6 Resolution No. 2020-014:  Relating to Community and Neighborhood Services; approving and authorizing the Mayor to execute  an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2019-2020 Community Development Block Grant Program (Lisa Shafer)   C7 Approval of the February 11, 2020 Study Session Meeting Minutes and the February 4, 2020 Regular Council Meeting Summary Minutes (Cherry L. Lawson)   LIQUOR LICENSES   L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #012 Restaurant liquor license submitted by Kevin Arnold Kramber on behalf of Bisbee Breakfast Club, located at 13864 N. Sandario Rd., Marana, AZ 85653 (Cherry L. Lawson)   L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #010 Beer and Wine Store liquor license application submitted by Lauren Heather Trattner on behalf of Dollar General Store #20680, located at 12059 W. Clark Farms Boulevard, Marana, Arizona 85653 (Cherry L. Lawson)   BOARDS, COMMISSIONS AND COMMITTEES   B1 Resolution No. 2020-015: Relating to Boards, Commissions and Committees, making an appointment to the Town of Marana Board of Adjustment (Cherry L. Lawson)   COUNCIL ACTION   A1 Resolution No. 2020-016: Relating to Utilities; approving and authorizing the Mayor to sign a Transfer Agreement, selling the Marana Water Department's Falstaff well and related water system and assets to the DeAnza Domestic Water Improvement District (Frank Cassidy)   A2 Resolution No. 2020-017: Relating to traffic and highways; amending the Town of Marana speed zone map and accompanying table, establishing the reasonable and prudent maximum speed limits on specific roadways located within the town limits of the Town of Marana (Fausto Burruel)   A3 Resolution No. 2020-018: Relating to Public Works; approving and authorizing the Mayor to sign an acquisition agreement with Pima County and Marana Unified School District #6 for acquisition of property rights needed for the Lon Adams Road Reconstruction (Marana Project ST068) (Frank Cassidy)   Marana Regular Council Meeting 02/18/2020 Page 4 of 185   ITEMS FOR DISCUSSION / POSSIBLE ACTION   D1 Relating to Budget; discussion, direction and possible action regarding development of the fiscal year 2020/2021 budget, including proposed budget initiatives and expenditures (Jamsheed Mehta)      D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta)      EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters.   E1 Executive Session pursuant to A.R.S. §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).      E2 Executive Session pursuant to A.R.S. § 38-431.03 (A)(1) for discussion, consideration and possible interviews of candidates for appointment to the Board of Adjustment.      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 02/18/2020 Page 5 of 185      Council-Regular Meeting   P1        Meeting Date:02/18/2020   To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:February 18, 2020 Strategic Plan Focus Area: Not Applicable Subject:Relating to Budget; presentation of second quarter results (July-December) 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 second quarter financial results (July-December) for the Town's General Funds 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 expectations for most funds through the second quarter. General Fund revenue is slightly above budgeted expectations. This is primarily due to increased SFR permit and construction activity and increased returns on investments. Revenues for the Bed Tax Fund, which accounts for the portion of bed tax revenues restricted for tourism related costs, are on par with expectations at this time of year. Transportation Fund revenues far exceed budget expectations due to strong residential and commercial construction activity, combined with conservative forecasting during budget development. Airport revenues are near expectations at 48% of budget when excluding scheduled transfers set to take place later in the fiscal year.  Additional detail on these variances and other listed funds is included within the visualization slides attached to this item. Expenditures Marana Regular Council Meeting 02/18/2020 Page 6 of 185 Expenditures in all funds are at or below expectations through the second quarter.  This is primarily due to the timing of large one-time projects and programs which are expected to occur later in the fiscal year, or due to vacancy savings or other savings achieved through operational efficiencies.  Expenses for the Bed Tax Fund are as expected through the second quarter of the fiscal year, accounting for the annual payment of the State Land lease that occurs in October. The quarterly update will be available on the Town's website following tonight's meeting.  The public may interact with the Power BI tool by drilling down into the data.  The tool can be found on the following page: http://www.maranaaz.gov/financial-documents Staff Recommendation: Presentation of second quarter results only. Suggested Motion: Presentation of second quarter results only. Attachments FY2020 2nd Quarter Financial Update Marana Regular Council Meeting 02/18/2020 Page 7 of 185 Financial Brief: Second Quarter Fiscal Year 2019 – 2020 Prepared by: Finance Department Marana Regular Council Meeting 02/18/2020 Page 8 of 185 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 02/18/2020 Page 9 of 185 1 Marana Regular Council Meeting 02/18/2020 Page 10 of 185 2 Marana Regular Council Meeting 02/18/2020 Page 11 of 185 3 Marana Regular Council Meeting 02/18/2020 Page 12 of 185 4 Marana Regular Council Meeting 02/18/2020 Page 13 of 185 5 Marana Regular Council Meeting 02/18/2020 Page 14 of 185 6 Marana Regular Council Meeting 02/18/2020 Page 15 of 185 7 Marana Regular Council Meeting 02/18/2020 Page 16 of 185 8 Marana Regular Council Meeting 02/18/2020 Page 17 of 185 9 Marana Regular Council Meeting 02/18/2020 Page 18 of 185 10 Marana Regular Council Meeting 02/18/2020 Page 19 of 185 11 Marana Regular Council Meeting 02/18/2020 Page 20 of 185 12 Marana Regular Council Meeting 02/18/2020 Page 21 of 185 13 Marana Regular Council Meeting 02/18/2020 Page 22 of 185 14 Marana Regular Council Meeting 02/18/2020 Page 23 of 185 15 Marana Regular Council Meeting 02/18/2020 Page 24 of 185    Council-Regular Meeting   C1        Meeting Date:02/18/2020   To:Mayor and Council Submitted For:Keith Brann, Town Engineer From:Dan Grossman, CIP Process Analyst Date:February 18, 2020 Strategic Plan Focus Area: Not Applicable Subject:Relating to Procurement; approving a change order to the Construction Contract between the Town and Sunland Asphalt & Construction, Inc., in the amount of $180,250.45 for Pavement Preservation 2020, Project No. PM020; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Keith Brann) Discussion: Marana Town Code Section 3-4-7(B)(4) provides that Town Council approval is necessary for change orders that individually or cumulatively exceed $50,000.   The budget for fiscal year 2019- 2020 was adopted on June 18, 2019. The Pavement Preservation program is included within the Town's budget with funding provided by Highway User Revenue Fees (HURF).   For fiscal year 2020, the Town authorized budget for Pavement Preservation is $2,225,681.00.   On September 25, 2019, the Town and Sunland Asphalt Inc. entered into a Construction Contract in the amount of $1,958,378.67 to conduct the 2020 Pavement Preservation program.   This change order request adds funds to the Pavement Preservation program to rehabilitate three intersections in the Sunflower neighborhood. The intersection base material was worse than expected and funds are necessary to properly correct roadway Marana Regular Council Meeting 02/18/2020 Page 25 of 185 deficiencies. In addition, this change order also add funds to remove the existing stripe on Dove Mountain Blvd prior to the anticipated seal-coating to accommodate a desired change in bike path widths, and to ensure proper material bonding. Twin Peaks Rd from Silverbell Rd to the Interstate will be added so that the small portion of Twin Peaks not in the original construction contract can be completed from Silverbell Rd to the end of Dove Mountain Blvd. The Amber Crest subdivision in Continental Reserve will also be added to complete this area of the Town that was not completed in the previous pavement preservation program that utilized Pima County Property Tax funds. The cost of this change order request is $180,250.45. This will bring the construction contract for Pavement Preservation to $2,138,629.12. Financial Impact: Fiscal Year:2021 Budgeted Y/N: Yes Amount:$180,250.45 The funding for this increase in construction spending is within the Town Approved budget of $2,225,681.00.   This change order will be funded with HURF revenues, and expended in GL Account # 26041000-6407. Staff Recommendation: Staff recommends approval of the change order. Suggested Motion: I move to approve a change order to the 2020 Pavement Preservation construction contract with Sunland Asphalt & Construction, Inc. in the amount of $180,250.45; to authorize the transfer of appropriations if necessary for the change order; and to authorize the Town Manager or designee to execute the necessary documents to effectuate the change order. Attachments No file(s) attached. Marana Regular Council Meeting 02/18/2020 Page 26 of 185      Council-Regular Meeting   C2        Meeting Date:02/18/2020   To:Mayor and Council From:David Udall, Associate Town Attorney Date:February 18, 2020 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2020-010: Relating to Facilities; approving and authorizing the Town Manager to administer the amended Town of Marana Meeting Facilities Usage Policy (David L. Udall) Discussion: In September 2005, the Town Council adopted a Meeting Facilities Usage Policy for the Marana Municipal Complex (MMC) and the Marana Operations Center (MOC). In May 2011, the Council adopted an amended policy that added the MOC Community Room as a facility available for use and limited the number of approved uses and users of the facilities. In December 2018, the Council adopted an amended policy that added the Marana Police Department Community Room as a facility available for use for the approved uses and users, subject to the same rules as applied to other MMC facilities and the MOC. Approved uses/users include only: Town of Marana meetings.  Examples include Town Council meetings, Town Commission meetings, meetings between developers and members of the public as a part of a Town project or process and neighborhood meetings. Federal, state, county, local or tribal government agency meetings. School district meetings.  However, Town Facilities are not available for ongoing classes as part of a school's regular curriculum. Town of Marana employee group or association meetings. Educational, cultural, and community-related (non-political) group meetings or events.  Examples include the Marana Chamber of Commerce, Marana Heritage Conservancy, AGTS and homeowners' associations. Marana Regular Council Meeting 02/18/2020 Page 27 of 185 The proposed amended policy on tonight's agenda adjusts the points of contact for scheduling meetings or events at Town facilities.  It also changes the hours of availability for meetings or events at some of the Town's facilities, clarifies that the MOC facility available for meetings and events is the MOC Community Center, adds the Marana Unified School District as an additional example of "[e]ducational, cultural, and community-related (non-political) group meetings or events," and recognizes the New Year's Eve holiday recently approved by the Town. Staff Recommendation: Staff recommends approval of the amended facilities usage policy. Suggested Motion: I move to adopt Resolution No. 2020-010, approving and authorizing the Town Manager to administer the amended Town of Marana Meeting Facilities Usage Policy. Attachments Resolution No. 2020-010 Exhibit A - Amended Facility Usage Policy Marana Regular Council Meeting 02/18/2020 Page 28 of 185 Marana Resolution No. 2020-010 MARANA RESOLUTION NO. 2020-010 RELATING TO FACILITIES; APPROVING AND AUTHORIZING THE TOWN MANAGER TO ADMINISTE R THE AMENDED TOWN O F MARANA MEETING FACILITIES USAGE POLICY WHEREAS, on December 4, 2018, via Resolution No. 2018 -107, the Town Council approved an amended Town Meeting Facilities Usage Policy ; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to amend this policy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the amended Town of Marana Meeting Facilities Usage Policy attached to and incorporated by reference in this resolution as Exhibit A is hereby approved. IT IS FURTHER RESOLVED that the Town’s manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned Town of Marana Meeting Facilities Usage Policy. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of February, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 02/18/2020 Page 29 of 185 Exhibit A to Marana Resolution No. 2020-010 00000468.DOC /17 - 1 - 1/29/2020 3:45:56 PM DU TOWN OF MARANA MEETING FACILITIES USAGE POLICY A. Purpose. This usage policy is intended to provide guidelines and set procedures for use and reservation of available Town meeting facilities at the Marana Municipal Complex, 11555 West Civic Center Drive (the “MMC”) and the Marana Operations Center, 5100 West Ina Road (the “MOC”). The MMC and MOC meeting facilities addressed in this policy are collectively referred to as the “Facilities.” B. Facilities Available. The following Facilities are available for use pursuant to this policy: • MMC Council Chambers1 • MMC Conference Center • MMC Atrium • MMC Marana Police Department (MPD) Community Room • MOC Community Room The approximate seating capacity in each of the Facilities is as follows: Marana Municipal Complex • Council Chambers – 172 • Conference Center – 100 (capacity varies based on room arrangement; lower capacity when tables are used; may be divided into three rooms depending on the size of the group requesting its use.) • Atrium – 73 • MPD Community Room – 97 (capacity varies based on room arrangement; lower capacity when tables are used.) Marana Operations Center • Community Room – 67 An entity may request the use of a specific available Facility; however, the Town of Marana reserves the right, in its sole discretion, to de termine which available Facility will be assigned to a requestor. C. Allowed Groups/Uses. The MMC and MOC are primarily intended and designed for Town of Marana government business and municipal office purposes. Therefore, the Facilities are not available for religious services, for political organizations or events or to private businesses. Additionally, the Facilities may not be used for commercial or fundraising activities. However, the Facilities are available for the following uses: • Town of Marana meetings. Examples include Town Council meetings, Town Commission meetings, meetings between developers and members of the public as a part of a Town project or process and neighborhood meetings. 1 As a general policy, the Council Chambers will not be made available if another Facility will accommodate the group requesting its use. Marana Regular Council Meeting 02/18/2020 Page 30 of 185 Exhibit A to Marana Resolution No. 2020-010 00000468.DOC /17 - 2 - 1/29/2020 3:45:56 PM DU • Federal, state, county, local or tribal government agency me etings. • School district meetings. However, Town Facilities are not available for ongoing classes as part of a school’s regular curriculum. • Town of Marana employee group or association meetings. • Educational, cultural, and community-related (non-political) group meetings or events. Examples include the Marana Chamber of Commerce, Marana Heritage Conservancy, Marana Unified School District, AGTS and homeowners’ associations. D. Priority for Use of Facilities (in the following order). 1. Town Council meetings* 2. Town Board and Commission meetings* 3. Town staff and Town sponsored or hosted meetings* 4. Town co-sponsored meetings* 5. Federal, state, county, local tribal government agency and school district meetings 6. Town employee groups or association meetings 7. Educational, cultural, and community-related group meetings or events *These categories are collectively referred to in this Policy as “Town-Managed Meetings ”. E. Facility Availability. Facilities at the MMC are available for use from 7:00 AM to 9:00 PM, Monday through Friday, excluding Town-recognized holidays.2 Meetings shall conclude by 8:30 PM, and the Facility shall be vacated no later than 9:00 PM. The Community Center at the MOC are available for use from 7:00 AM to 9:00 PM, Monday through Friday, excluding Town-recognized holidays. Meetings shall conclude by 8:30 PM, and the Facility shall be vacated no later than 9:00 PM. Town-Managed Meetings and meetings of Town employee groups or associations are exempt from the requirements of this paragraph. F. Facility Priority. Town-Managed Meetings shall be given preference at all times in scheduling use of the Facilities. Other meetings will be scheduled on a first -come, first-served basis. Because of high demand for the Facilities for Town-Managed Meetings, availability of the Facilities during Regular Business Hours is extremely limited and subject to change. If an unforeseen circumstance requires the use of any Facilities to be needed for Town-Managed Meetings, a group or agency may be required to reschedule or relocat e their meeting. G. Scheduling. The MMC Executive Assistant to the Town Manager shall be responsible for scheduling the Facilities located in the MMC, except for the MPD Community Room. The MPD Customer Service Clerk shall be responsible for scheduling the M PD Community Room. The MOC Customer Service Specialist shall be responsible for scheduling the Community Room located in the MOC. The person responsible for each of the Facilities shall maintain a calendar 2 Town-recognized holidays are New Year’s Eve (December) 31, New Year’s Day (January 1), Martin Luther King, Jr./Civil Rights Day (third Monday in January), Washington’s/Presidents’ Day (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labo r Day (first Monday in September), Veteran’s Day (November 11 or when observed), Thanksgiving Day (fourth Thursday in November), Day after Thanksgiving (fourth Friday in November), Christmas Eve (December 24), and Christmas Day (December 25) Marana Regular Council Meeting 02/18/2020 Page 31 of 185 Exhibit A to Marana Resolution No. 2020-010 00000468.DOC /17 - 3 - 1/29/2020 3:45:56 PM DU of scheduled uses including the purpose of the me eting, the size of the group, time and date of meeting, any special setup, and the person responsible for the meeting. 1. Town-Managed Meetings shall be scheduled as follows: • Town staff shall reserve the Facilities and receive confirmation of reservation by utilizing a calendaring system maintained by the MMC Executive Assistant to the Town Manager, the MPD Customer Service Clerk, or the MOC Customer Services Specialist, as applicable. • Town staff shall schedule technical assistance through the Technology Ser vices Help Desk. 2. All other groups/meetings shall be scheduled as follows: • Contact the MMC Executive Assistant to the Town Manager representative at (520) 382 - 1904 for availability and scheduling of the Facilities in the MMC, other than the MPD Community Room; contact the MPD Customer Service Clerk at (520) 382-2053 for availability and scheduling of the MPD Community Room; or contact the MOC Customer Services Specialist at (520) 382-2500 for availability and scheduling of the Community Center in the MOC. • Organizations or groups wanting to schedule use of the Facilities must schedule at least seven working days prior to the event or meeting unless this requirement is waived by the Town Manager’s Office, or by the Chief of Police for the MPD Community Room. • A Facilities permit application and use agreement must be completed and include the necessary information. Tentative reservations can be taken over the telephone; however, the permit application and use agreement must be submitted to the MMC Executive Assistant to the Town Manager (for MMC Facilities other than the MPD Community Room), the MPD Customer Service Clerk (for the MPD Community Room), or the MOC Customer Services Specialist (for MOC Community Center) no later than five days after the tentative reservation has been made. If the agreement is not received, the tentative reservation will be cancelled. • The Facilities permit application and use agreement will be forwarded to the Town Manager’s Office, Executive Assistant to the Town Manager (for MMC or MOC Facilities) or to the Police Department Administrative Supervisor (for the MPD Community Room) for approval or disapproval and for the imposition of any additional conditions, such as a security deposit or insurance requirements. • Depending upon the nature of the event, the number of participants and the organization’s past use of the Facilities, an organization may be required to provide a security deposit and/or a certificate of insurance naming the Town of Marana as an additional insured. • The person scheduling and signing the permit application and use agreement must be at least 18 years of age. Marana Regular Council Meeting 02/18/2020 Page 32 of 185 Exhibit A to Marana Resolution No. 2020-010 00000468.DOC /17 - 4 - 1/29/2020 3:45:56 PM DU • Meetings may be scheduled up to three months in advance; however, if an unforeseen circumstance requires the use of any Facilities to be needed for Town-Managed Meetings, a group or agency may be required to reschedule or relocate their meeting. • Groups utilizing any of the Facilities must comply with the provisions in Title IIA of the Americans with Disabilities Act. • Groups or organizations desiring to reserve Facilities on an on-going or regular basis are encouraged to request approval by the Town Council of a formal written meeting facility use agreement, containing such terms and provisions as the Town Council determines appropriate based on the nature, extent, duration and purpose of the use. H. Visitor Parking and Entrance. Parking is available at the parking lots north and east of the MMC. Access to the Council Chambers and the Atrium is through the front entrance of the MMC. The Conference Center is accessed either through the front entrance of the MMC (during regular business hours) or via the elevator or outside staircase (after regular business hours). The MPD Community Room is accessed through the front entrance of the Police Department Building. For the MOC Community Center, parking is available south and west of the main MOC entrance. I. Rules of Conduct. The following rules apply to all meetings in the Facilities (rules marked with an asterisk [*] do not apply to Town-Managed Meetings): • Any group using the Facilities shall not discriminate on the basis of race, color, national origin, sex, religion, age or disability. • Any group using the Facilities shall conduct their meetings and themselves in a professional and courteous manner. • All activities must be under adult supervision, eighteen years of age or older. • The responsible party must restore the Facilities to their original condition. No custodial services are provided with the use of the Facilities. The user will be responsible for cleaning up the room and removing any trash. • The Town will not be responsible for any furniture or equipment brought by the user, and such equipment must be removed at the conclusion of the event. • Town furniture shall not be moved between rooms.* • The Town will not store equipment, supplies, materials, etc., for organizations using the rooms.* • The user may post signs or notices upon the premises; however, nothing that may injure, mar, or in any way deface the premises shall be used. Nails, hooks, adhesive fasteners, tacks o r screws are prohibited on any part of the building or premises.* • Open flames are prohibited in the Facilities. • No animals shall be allowed upon the premises except dogs assisting disabled individuals. Marana Regular Council Meeting 02/18/2020 Page 33 of 185 Exhibit A to Marana Resolution No. 2020-010 00000468.DOC /17 - 5 - 1/29/2020 3:45:56 PM DU • Smoking is prohibited in Town Facilities. • The total number of people shall not exceed the posted capacity of any of the meeting rooms. • The event shall be confined to the reserved area and shall not interfere with the general public or any other ongoing activities within the Facilities.* • The use of the Town of Marana name is strictly prohibited by any organization or person for any purpose in connection with the use of the meeting rooms for publicity or otherwise except to identify the location of the event. Unapproved use of the Town of Marana name or logo shall be grounds for termination of the use agreement and may be subject to other legal action.* • The permitted use of the Facilities by a group does not, in any way, constitute an endorsement by the Town of Marana of the user’s policies or beliefs. • Food and beverages are prohibited in the Council Chambers. • With the exception of the Council Chambers, food and beverages are permitted in the Facilities. The meeting organizer is responsible for providing all food and beverages and any necessary equipment and supplies. No coffee service equipment or supplies are available. Red punch is prohibited. Any damage due to food or beverages will be assessed and billed to the sponsoring department or organization. • Alcoholic beverages are prohibited. • The Town Manager and designated Town officials and employees shall have free access to all areas at all times. • The Facilities used by the applicant will b e examined carefully after use. If there is any damage, the Town will make all repairs and bill the applicant. The applicant shall pay for all damages to Town property arising from the use of the Town F acilities where the applicant is deemed responsible. If the applicant causes any damage to Town property, the applicant may be denied future use of the Facilities, may be required to provide a security deposit and/or may be required to provide a certificate of insurance naming the Town of Marana as an additional insured. • The Town reserves the right to revoke a group or organization’s right to use the Facilities at any time, including during an event if there is a danger of injury or damage to person(s) or property. Marana Regular Council Meeting 02/18/2020 Page 34 of 185      Council-Regular Meeting   C3        Meeting Date:02/18/2020   To:Mayor and Council From:Cynthia Ross, Senior Planner Date:February 18, 2020 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2020-011: Relating to Development; approving a final plat for Marana Center Parcel 5, Lots 1-2 located east of Interstate 10 and southeast of Twin Peaks Road (Cynthia L. Ross) Discussion: Request Baker and Associates Engineering, Inc. representing Mark E. Ortman Jr. of VP Marana Investments, LLC, is proposing a final plat for Marana Center Parcel 5, Lots 1-2. This final plat proposes a re-subdivision of Parcel 5 of the Marana Center Final Block Plat Parcels 1-5 into two commercial lots.          Zoning and Land Use The Town Council approved the Marana Center Final Block Plat, Parcels 1-5 on August 5, 2014. The plat is located within the Marana Spectrum Specific Plan area, which has a "Commercial" land use designation. The proposed plat area is approximately 29.5 acres of land and is comprised of Lots 1 and 2 measuring 10.38 acres (452,198 square feet) and 19.14 acres (833,823 square feet), respectively.     Access and Circulation Access is provided to Lots 1 and 2 directly from the public street, Marana Center Boulevard.    Infrastructure and Utilities Lots 1 and 2 are to be served by Marana Water, Pima County Wastewater, Tucson Electric Power, and Southwest Gas. Fire service is to be provided by Northwest Fire. Miscellaneous Marana Regular Council Meeting 02/18/2020 Page 35 of 185 Miscellaneous VP Marana Investments, LLC has applied for this re-subdivision to facilitate a particular sale of the subject property and if the sale does not occur, does not wish to re-subdivide the property as contemplated by this final plat. The approving resolution authorizes Town staff to refrain from recording the plat if the Owner does not sell the property as contemplated. If Town staff does not record the plat under these circumstances, the result will be as if this final plat was never approved by the Council. Staff Recommendation: Staff finds that the final plat is in compliance with the Marana Spectrum Specific Plan, the Marana Land Development Code, and the Marana General Plan. Staff recommends approval of the Final Plat for Marana Center Parcel 5, Lots 1-2. Suggested Motion: I move to adopt Resolution No. 2020-011, approving the Final Plat for Marana Center Parcel 5, Lots 1-2. Attachments Resolution No. 2020-011 Application PRV1912-001 Marana Center Final Plat Map Marana Regular Council Meeting 02/18/2020 Page 36 of 185 00068311.DOCX /1 Marana Resolution No. 2020 -011 2/12/2020 5:07 PM MARANA RESOLUTION NO. 2020-011 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR MARANA CENTER PARCEL 5, LOT S 1-2 LOCATED EAST OF INTERSTATE 10 AND SOUTHEAST OF TWIN PE AKS ROAD WHEREAS on August 5, 2014, the Marana Town Council adopted Resolution No. 2014-073, approving a subdivision plat known as Marana Center Final Block Plat Parcels 1-5; and WHEREAS VP Marana Investments, LLC (“Owner”) has applied for approval of a final plat for a 2-lot commercial subdivision being a re -subdivision of Marana Center Parcel 5; and WHEREAS Owner has applied for this re -subdivision to facilitate a particular sale of the subject property and if the sale does not occur, Owner does not wish to re - subdivide the property as contemplated by this final plat; and WHEREAS the Marana Town Council, at the regularly scheduled meeting on February 18, 2020, determined that the final plat for Marana Center Parcel 5, Lots 1 -2 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the final plat for Marana Center Parcel 5, Lots 1 -2 is hereby approved. BE IT FURTHER RESOLVED that if the Owner does not sell the property as contemplated, the Mayor and Council hereby au thorizes Town staff not to record the final plat for Marana Center Parcel 5, Lots 1 -2 approved by this resolution and the result will be as if this final plat was never approved by the Council. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of February, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 02/18/2020 Page 37 of 185 Marana Regular Council Meeting 02/18/2020 Page 38 of 185 Marana Regular Council Meeting 02/18/2020Page 39 of 185 Marana Regular Council Meeting 02/18/2020Page 40 of 185    Council-Regular Meeting   C4        Meeting Date:02/18/2020   To:Mayor and Council Submitted For:Jim Conroy, Parks & Recreation Director From:Corey Larriva, Superintendent Date:February 18, 2020 Strategic Plan Focus Area: Commerce,  Community Strategic Plan Focus Area Additional Info: Principle Statement 2: We will approach citizen engagement in unique and creative ways.  Initiative 1: Provide exceptional community events that create opportunities for citizen engagement. Subject:Resolution No. 2020-012: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Marana Chamber of Commerce, Inc. regarding the planning, development and presentation of the 2020 Big Green Event (Jim Conroy) Discussion: The Marana Chamber Green Committee is planning the third "Big Green Event" for Saturday, November 7, 2020.  The Committee reached out to the Town to request that the Town partner with the Committee to provide in-kind support and assistance for the event, which will be held at Marana Heritage River Park. The purpose of the Big Green Event is to demonstrate that business and green are compatible and show by example the way to a more sustainable lifestyle and business model. The Event will include main stage demonstrations and talent, hands-on Big Green Kid’s Activity Zone, raffle prizes, entertainment, food and fun, green exhibitors and innovative technology, interactive, money-saving green tips and workshops for businesses and residents, and other related activities.  The proposed agreement with the Chamber of Commerce provides that the Chamber will recruit, select, approve and contract with demonstrators, talent, and vendors consistent with the theme of the Event and will provide sufficient staffing to Marana Regular Council Meeting 02/18/2020 Page 41 of 185 present and run the Event.  The Chamber will provide the Town with the following: Exclusive use of “Recreation” as the Town’s sponsorship theme for the Event. A 10’ by 10” covered booth, a table, and chairs for the Town’s use at the Event. Inclusion of the Town’s logo on CHAMBER’S social media, website, and Event collateral. Inclusion of the Town’s logo on Event banners and all entrance signage, and mention in any media buys/public service announcements. Stage mentions at each demonstration at the Event, and opportunity for Town staff member to speak on stage for up to two minutes. The Town will provide in-kind support and assistance, at no cost to Chamber, including use of the Marana Heritage River Park, event custodial services and tear-down, and administrative support from Town staff. The Town will also cross promote the Event through the Town’s media/communication outlets, help coordinate a traffic and safety plan for the Event, and staff the Town’s Event booth with personnel able to discuss the Town’s “Recreation” sponsorship theme. Financial Impact: The Town will only provide in-kind assistance valued at approximately $4,251.  See Exhibit B to the Agreement, listing Town In-Kind Support and Assistance. All amounts are subject to budget appropriation as part of the upcoming budget process for fiscal year 2020-2021. Staff Recommendation: Staff recommends approval of the agreement between the Town of Marana and Marana Chamber of Commerce for the 2020 Big Green Event. Suggested Motion: I move to adopt Resolution No. 2020-012 approving and authorizing the Mayor to execute the agreement between the Town of Marana and Marana Chamber of Commerce for the 2020 Big Green Event. Attachments Resolution No. 2020-012 Agreement_Chamber Big Green Marana Regular Council Meeting 02/18/2020 Page 42 of 185 00068292.DOCX /1 Marana Resolution No. 20 20 -012 - 1 - 2/12/2020 5:23 PM MARANA RESOLUTION NO. 2020-012 RELATING TO PARKS AND RECREATION; APPROV ING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEE N THE TOWN OF MARANA AND MARANA CHAMBER O F COMMERCE, INC. REGARDING THE PLANNING, DEVELOPMENT AND PRESENTATION OF THE 2020 BIG GREEN EVENT WHEREAS the Town of Marana is dedicated to providing exceptional community events that create opportunities for citizen engagement as directed by the Community focus area of the Town’s Strategic Plan ; and WHEREAS the Marana Chamber of Commerce, Inc. (“Chamber”) is a nonprofit corporation serving the business and professional community as the voice of commerce, providing numerous programs and services to improve the economic environment for its members and the community as a whole ; and WHEREAS the Town and Chamber desire to enter into an agreement regarding the presentation of the 2020 Big Green Event on Novem ber 7, 2020; and WHEREAS the purpose of the Big Green Event is to demonstrate that business and green are compatible and show by example the way to a more sustainabl e lifestyle and business model ; and WHEREAS the Marana Town Council finds that the benefits to the Town resulting from Chamber’s production and presentation of the 2020 Big Green Event have a value at least equal to the fair market value of the in -kind support and assistance to be provided to Chamber by the Town pursuant to this Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The agreement between the Town of Marana and Marana Chamb er of Commerce, Inc. regarding the presentation of the 20 20 Big Green Event, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town o f Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. Marana Regular Council Meeting 02/18/2020 Page 43 of 185 00068292.DOCX /1 Marana Resolution No. 20 20 -012 - 2 - 2/12/2020 5:23 PM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of February 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 02/18/2020 Page 44 of 185 Marana Regular Council Meeting 02/18/2020 Page 45 of 185 Marana Regular Council Meeting 02/18/2020 Page 46 of 185 Marana Regular Council Meeting 02/18/2020 Page 47 of 185 Marana Regular Council Meeting 02/18/2020 Page 48 of 185 Marana Regular Council Meeting 02/18/2020 Page 49 of 185 Marana Regular Council Meeting 02/18/2020 Page 50 of 185 Marana Regular Council Meeting 02/18/2020 Page 51 of 185 Marana Regular Council Meeting 02/18/2020 Page 52 of 185 Marana Regular Council Meeting 02/18/2020 Page 53 of 185 Marana Regular Council Meeting 02/18/2020 Page 54 of 185      Council-Regular Meeting   C5        Meeting Date:02/18/2020   To:Mayor and Council From:Steven Vasquez, Senior Planner Date:February 18, 2020 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2020-013:  Relating to Development; approving a final plat for Saguaro Bloom Block 2, lots 42, 43 and a portion of common area “B,” a re-plat of lots 42, 43 and a portion of common area “B” of the original  Saguaro Bloom Block 2 plat (Steven E. Vasquez) Discussion: History The Town Council approved a final plat for Saguaro Bloom Block 2, Lots 1-170, Amenity Building Site, and Common Areas "A" and "B" on April 17, 2018, which was recorded with the Pima County Recorder at Sequence Number 20181100149.  The subdivision is being developed by D.R. Horton. Request D.R. Horton is requesting a minor lot line adjustment to the approved final plat that will affect the boundary and size of lot 42 and a portion of Common Area "B". The lot line adjustment is required due to a field survey error and subsequent misplacement of the lot staking, creating lots that do not conform to the recorded final plat. The replatting will reduce the width of Common Area "B", and the associated water easement that lies within it, between Lots 42 and 43. The overall effect of the lot line adjustment to the subject area is: Lot 42 will increase by 1,214 square feet(sf), from 6,945 sf to 8,159 sf Common Area "B", adjacent to Lots 42 and 43, will decrease in width by 10 feet, from 25 feet to 15 feet and reduced in area by 1,214 sf to 10,187.2 sf The water easement in Common Area "B" will be reduced by five feet, from 25 feet to 20 feet. Marana Regular Council Meeting 02/18/2020 Page 55 of 185 Staff Recommendation: Staff has reviewed the request against the requirements of the Saguaro Bloom (formerly Saguaro Springs) Specific Plan, the Land Development Code, the Town Code and the Marana General Plan.  This final plat is in substantial conformance with all required development regulations and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2020-013, approving a final plat for Saguaro Bloom Block 2, Lots 42, 43 and a portion of Common Area "B." Attachments Resolution No. 2020-013 PRV1906-002 Saguaro Bloom Blk 2 Map PRV1906-002 Saguaro Bloom Blk 2 FP PRV1906-002 Saguaro Bloom Blk 2 App Marana Regular Council Meeting 02/18/2020 Page 56 of 185 Marana Resolution No. 2020-013 MARANA RESOLUTION NO. 2020-013 RELATING TO DEVE LOPMENT; APPROVING A FINAL PLAT FOR SAGUARO BLOOM BLOCK 2, LOTS 42, 43 AND A PORTION OF COMMON AREA “B,” A RE-PLAT OF LO TS 42, 43 AND A PORT ION OF COMMON AREA “B” OF THE ORIGINAL SAGUARO BLOOM BLOCK 2 PLAT WHEREAS the Mayor and Council adopted Ordinance No. 2005.14 on November 15, 2005, approving the rezoning of 217 acres of land to creat e the Saguaro Springs Specific Plan; and WHEREAS on April 17, 2018, the Mayor and Cou ncil adopted Resolution No. 2018-34, approving the final plat for Saguaro Bloom Block 2, Lots 1 -170, Amenity Building Site, and Common Areas “A” and “B ” (the “Original Saguaro Bloom Block 2 Plat”), recorded in the Pima County Recorder’s Office at Sequence Number 20181100149; and WHEREAS D.R. Horton has applied for approval of a final plat for Saguaro Bloom Block 2, Lots 42, 43 and a portion of Common Area “B,” a re -plat of Lots 42, 43 and a portion of Common Area “B ” of the Original Saguaro Bloom Block 2 Plat; and WHEREAS the Marana Town Council, at the regula rly scheduled meeting on February 18, 2020, determined that the final plat for Saguaro Bloom Block 2, Lots 42, 43 and a portion of Common Area “B ” should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the final plat for Saguaro Bloom Block 2, Lots 42, 43 and a portion of Common Area “B” is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of February, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 02/18/2020 Page 57 of 185 © Latitude Geographics Group Ltd. 0.3 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.3 Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.140 PRV1906-002Town of Marana Planning Notes Approving a final plat for Saguaro Bloom Block 2 Lots 42, 43 and a portion of Common Area B, a re-plat of Lots 42, 43 and a portion of Common Area B of the original Saguaro Bloom Block 2 final plat. 1:9,0271:9,027 Marana Addresses Marana Town Limits Parcels (Black) Marana Regular Council Meeting 02/18/2020 Page 58 of 185 A Re-Plat of a Portion of Saguaro Bloom Block 2 Lots 1-170, Amenity Building Site, Common Area "A" (Open Space, Recreation, Public Utilities, Road Maintenance & Signage) & "B" (Open Space, Drainage, Recreation, Public Utilities, Road Maintenance & Signage), as recorded in Sequence No. 20181100149, being a portion of the Southeast 14 of Section 13, T12S, R11E & the Southwest 14 of Section 18, T12S, R12E, G&SRM Town of Marana, Pima County, Arizona Sheet No. of 4 Contour Interval: Scale: EPS Project No.16-042.4 Date:12/11/19 REF:PCZ-04093, PRV-9955, PRV1708-001, PRV1801-001 PRV1906-002 w w w . e p s g r o u p i n c . c o m T:520.408.1400 F:520.408.1403 8710 N. Thornydale Rd, Suite 140 | Tucson, AZ 85742 Re-Plat for Saguaro Bloom Block 2 Lots 42 & 43 SEQUENCE NUMBER SEQUENCE NUMBER LEGEND ABBREVIATIONS DEDICATION GENERAL NOTES ACKNOWLEDGEMENT ASSURANCES CERTIFICATIONS APPROVALS WASTEWATER § BASIS OF BEARINGS ASSURED WATER SUPPLY RECORDING SHEET INDEX BASIS OF ELEVATION BENEFICIARY OF TRUST TWIN PEAKS RD SAGUARO PEAKS BLQUARRY RDLOCATION MAP PROJECT LOCATION LANDS DR SAGUAROPIMA COUNTYMARANALAMBERT LN HIGH N/A FP01 1 Marana Regular Council Meeting 02/18/2020 Page 59 of 185 8 9 7 C.A. "A"11 33QUARRY ROAD14 10 TWIN PEAKS ROAD 12 25 148 149 15 SAGUARO HIGHLANDS DRIVE17 24 6 155 4 170 13 22 167 18 165 1 19 23 3 26 20 21 5 2 16 49 27 30 38 35 34 47 46 51 45 28 53 73 32 44 54 75 36 29 31 48 37 59 58 66 6061 84 72 6371 77 70 65 50 69 56 52 62 81 89 80 68 86 64 88 76 55 82 57 83 67 87 9290 79 78 85 91 93 157 147 161 154 156 153 164 145 143 158 162 169 144 163 166 168 159 160 146 151152 C.A. "A" 94 95 96 100101102103104105106107108109 112 113 111 110 97 98 99 127126125124123122121120119118117116115 114 150 136 137 138 139 140 141 142 131 132 134 135 129 128 130 133 C.A. "A"QUARRY ROAD74 SAGUARO BLOOM BLOCK 3 SEQ. 20171210044 ZONING: R-6 SAGUARO BLOOM BLOCK 1 SEQ. 20180540069 ZONING: MDHR AMENITY BUILDING SITE SAGUARO SPRINGS BLOCK A BK 58, PG 23 APN 216-40-0280 ZONING: RECREATION C.A. "B"SEE SHEET 3 SEE SHEET 4 Gambel Oak Ln Lone Cougar WyRuschia AveB u c k l e y Y u c c a D r SonoranMallowCtD e s e r t B i g h o r n T r Sp i d e r A g a v e R d Wil d S p r i n g D r Swift Fox PlSwift Fox PlTexas Ebony LnMojave Sage AveSpanish Dagger Dr MD R MH D R 43 4039 42 41 A Re-Plat of a Portion of Saguaro Bloom Block 2 Lots 1-170, Amenity Building Site, Common Area "A" (Open Space, Recreation, Public Utilities, Road Maintenance & Signage) & "B" (Open Space, Drainage, Recreation, Public Utilities, Road Maintenance & Signage), as recorded in Sequence No. 20181100149, being a portion of the Southeast 14 of Section 13, T12S, R11E & the Southwest 14 of Section 18, T12S, R12E, G&SRM Town of Marana, Pima County, Arizona Sheet No. of 4 Contour Interval: Scale: EPS Project No.16-042.4 Date:12/11/19 REF:PCZ-04093, PRV-9955, PRV1708-001, PRV1801-001 PRV1906-002 w w w . e p s g r o u p i n c . c o m T:520.408.1400 F:520.408.1403 8710 N. Thornydale Rd, Suite 140 | Tucson, AZ 85742 Re-Plat for Saguaro Bloom Block 2 Lots 42 & 43 SEQUENCE NUMBER SEQUENCE NUMBER 0 Scale: 1"=150' 150 FP02 2 1" = 150' Marana Regular Council Meeting 02/18/2020 Page 60 of 185 7 C.A. "A" 33 2 5 2 4 6 4 170 2 2 167 165 1 2 3 3 2 6 2 0 2 1 52 27 4 3 30 38 35 34 4 6 4 5 28 4 0 32 4 4 39 36 29 31 4 2 37 4 1 161 164162 169 163 166 168 159 160 Mojave Sage Ave (EXISTING PUBLIC STREET PER SEQ. NO. 20181100149)Wild Spring Dr(EXISTING PUBLIC STREETPER SEQ. NO. 20181100149)Swift Fox Pl (EXISTING PUBLIC STREET PER SEQ. NO. 20181100149)Spider Agave Rd(EXISTING PUBLIC STREETPER SEQ. NO. 20181100149)MDRMHDR43 4 2Texas Ebony Ln(EXISTI N G P UBLI C STREETPER SEQ. N O. 20181100149) C.A. "B" 10187.2 SF 0.234 Ac A Re-Plat of a Portion of Saguaro Bloom Block 2 Lots 1-170, Amenity Building Site, Common Area "A" (Open Space, Recreation, Public Utilities, Road Maintenance & Signage) & "B" (Open Space, Drainage, Recreation, Public Utilities, Road Maintenance & Signage), as recorded in Sequence No. 20181100149, being a portion of the Southeast 14 of Section 13, T12S, R11E & the Southwest 14 of Section 18, T12S, R12E, G&SRM Town of Marana, Pima County, Arizona Sheet No. of 4 Contour Interval: Scale: EPS Project No.16-042.4 Date:12/11/19 REF:PCZ-04093, PRV-9955, PRV1708-001, PRV1801-001 PRV1906-002 w w w . e p s g r o u p i n c . c o m T:520.408.1400 F:520.408.1403 8710 N. Thornydale Rd, Suite 140 | Tucson, AZ 85742 Re-Plat for Saguaro Bloom Block 2 Lots 42 & 43 SEQUENCE NUMBER SEQUENCE NUMBER Scale: 1"=40' 400 Saguaro Highlands Dr. 1" = 40' FP03 3 KEYNOTES: Marana Regular Council Meeting 02/18/2020 Page 61 of 185 43 SAGU A R O HI G HL A N DS D RI VE 4 9 4 7 4 6 5 1 4 5 5 3 4 4 4 8 5 0 5 2 151C.A . "A "127(EXISTI N G P U BLI C S T REE T PER SE Q. N O. 20181100149) S p a n i s h D a g g e r D r Texas Eb ony Ln C.A. "B" 10187.2 SF 0.234 Ac 43 4 1 4 2 A Re-Plat of a Portion of Saguaro Bloom Block 2 Lots 1-170, Amenity Building Site, Common Area "A" (Open Space, Recreation, Public Utilities, Road Maintenance & Signage) & "B" (Open Space, Drainage, Recreation, Public Utilities, Road Maintenance & Signage), as recorded in Sequence No. 20181100149, being a portion of the Southeast 14 of Section 13, T12S, R11E & the Southwest 14 of Section 18, T12S, R12E, G&SRM Town of Marana, Pima County, Arizona Sheet No. of 4 Contour Interval: Scale: EPS Project No.16-042.4 Date:12/11/19 REF:PCZ-04093, PRV-9955, PRV1708-001, PRV1801-001 PRV1906-002 w w w . e p s g r o u p i n c . c o m T:520.408.1400 F:520.408.1403 8710 N. Thornydale Rd, Suite 140 | Tucson, AZ 85742 Re-Plat for Saguaro Bloom Block 2 Lots 42 & 43 SEQUENCE NUMBER SEQUENCE NUMBER Scale: 1"=40' 400 Saguaro Highlands Dr. 1" = 40' FP04 4 KEYNOTES: WATER EASEMENT BOUNDARY H: 1"=20' Marana Regular Council Meeting 02/18/2020 Page 62 of 185 Marana Regular Council Meeting 02/18/2020 Page 63 of 185    Council-Regular Meeting   C6        Meeting Date:02/18/2020   To:Mayor and Council From:Lisa Shafer, Community Development Director Date:February 18, 2020 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2020-014:  Relating to Community and Neighborhood Services; approving and authorizing the Mayor to execute  an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2019-2020 Community Development Block Grant Program (Lisa Shafer) Discussion: On November 19, 2019 the Town Council adopted Resolution 2019-117, authorizing the Mayor to execute  Amendment 1 to the intergovernmental agreement (IGA) between Pima County and the Town of Marana for the management and implementation of the 2019-2020 Community Development Block Grant Program.  In January 2020, when the funding became available through HUD and the amendment was sent for the appropriate County signatures, it was determined that the amendment that was originally sent to the Town for acceptance was not appropriate and a complete new IGA was needed for the upcoming grant cycle. The attached agreement is essentially the same agreement as the previously approved agreement and amendments, but a much cleaner way of handling the new grant funding.  This is staff's desired way of handling the grant funding each fiscal year.   Pima County awarded the Town of Marana $60,000 from the 2019-2020 Community Development Block Grant Program.  The grant provided funding for Administration ($13,000), Colonia Clean-up ($10,000), Emergency Home Repair ($18,500) and Owner Occupied Housing Rehabilitation ($18,500). Financial Impact:   Fiscal Year:2020 Marana Regular Council Meeting 02/18/2020 Page 64 of 185 Budgeted Y/N:Yes Amount:$60,000 This funding does not require any match or leveraged funding.  All services will be provided with direct cost reimbursement. Staff Recommendation: Staff recommends approval of  the intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2019-2020 Community Development Block Grant Program. Suggested Motion: I move to adopt Resolution No. 2020-014, approving and authorizing the Mayor to execute the intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2019-2020 Community Development Block Grant Program. Attachments Resolution No. 2020.014 IGA Marana Regular Council Meeting 02/18/2020 Page 65 of 185 00068308.DOCX /1 Marana Resolution No. 20 20-014 - 1 - MARANA RESOLUTION NO. 2020-014 RELATING TO COMMMUNITY AND NEIGHBORHOOD SER VICES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TO WN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 2019-2020 COMMUNITY DEVELOPMENT BLOCK GR ANT PROGRAM WHEREAS the Town of Marana recognizes the need to provide safe affordable housing and neighborhood infrastructure for its citizens and has applied for Communi- ty Development Block Grant (CDBG) funding for these purposes; and WHEREAS on October 16, 2018 Council approved Resolution 2018 -099 authoriz- ing an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2018 -2019 CDBG program; and WHEREAS Pima County has been awarded funding from the U.S. Department for Housing and Urban Development under the CDBG program for the 201 9-2020 fed- eral fiscal year; and WHEREAS the Town of Marana has been selected as a sub -grantee through Pima County’s proposal process; and WHEREAS Pima County and the Town of Marana may contract for services and enter into agreements with one another for joi nt or cooperative action pursuant to A.R.S. §11-952 et seq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to approve this intergovernmental agreement between Pima County and the Town of Marana for management and implementation of the 2019-2020 Community Development Block Grant Program . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between Pima County and the Town of Marana, in the form attached to and incorporated by this reference in this reso- lution as Exhibit A, is hereby approved, and the Mayor is hereby authorized and di- rected to execute it for and on behalf of the Town of Marana. Marana Regular Council Meeting 02/18/2020 Page 66 of 185 00068308.DOCX /1 Marana Resolution No. 20 20-014 - 2 - SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, ob- ligations, and objectives of the i ntergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of February, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 02/18/2020 Page 67 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 1 of 14 Pima County Community Development and Neighborhood Conservation Department Program: Management and Implementation of the Community Development Block Grant (CDBG) Program Contractor: Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Amount: $60,000.00 Contract No.: CT-CD-20-215 Funding: U.S. Department of Housing and Urban Development Contract Term: October 1, 2019 through September 30, 2020 DUNS No.: 098034143 Research or Development: Yes No Federal Contract No.: B-19-UC -04-0502 Required Match: Yes No Match Amount: Indirect Cost Rate: Federal NICR de minimis None Status of Contractor: Subrecipient Contractor CFDA Program Description Nation Funding Pima County Award 14.218 Community Development Block Grant - Entitlement Communities (CDBG) FY19 $3,365,000,000.00 FY19 $2,945,544.00 GRANT FUNDING AGREEMENT 1.0 PARTIES, BACKGROUND AND PURPOSE 1.1 This Intergovernmental Agreement is entered into by and between Pima County (“County”), a body politic and corporate of the State of Arizona and the Town of Marana (“Subrecipient ”), a municipal corporation in the State of Arizona. 1.2 Authority. 1.2.1 County and Subrecipient may contract for services and enter into agr eements with one another for joint or cooperative action pursuant to A.R.S. § 11 -951 et seq. 1.2.2 Subrecipient is authorized by A.R.S. § 9-500.11 to expend public monies for and in connection with economic development activities. 1.2.3 County is authorized by A.R.S. §§ 11-254.04, 11-251 (5) and 11-251 (17), to spend public monies to improve and enhance the economic welfare and health of the inhabitants of the County. 1.2.4 County applied for and received Community Development Block Grant (“CDBG”) funds in the amount of $2,945,544.00 in from the U.S. Department of Housing and Urban Development (“HUD”), under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383). Marana Regular Council Meeting 02/18/2020 Page 68 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 2 of 14 1.3 Solicitation and Response. 1.3.1 Under solicitation number CDNC-10-15-18-CDBG-ESG (“the 2019-2020 Community Planning Application”), County sought proposals for programs and activities that would qualify for CDBG funding during Federal Fiscal Year (“FY”) 2019-2020. 1.3.2 Subrecipient submitted response to the 2019-2020 Community Planning Application. 1.3.3 County has determined that the services or activities proposed in Subrecipient’s response to the Community Planning Application are eligible for CDBG funding and in the best interests of the residents of Pima County. 1.4 Background and Purpose. On May 7, 2019 the Pima County Board of Supervisors: 1.4.1 Authorized inclusion of Subrecipient’s proposal for use of CDBG funds in the 2019-2020 Annual Action Plan that County submitted to HUD to obtain the FY 201 9-2020 CDBG funds. 1.4.2 Passed Resolution No. 2019-31 approving the allocation of $60,000.00 of FY 2019-2020 CDBG funds to Subrecipient. 1.4.3 HUD did not approve the final funding for this Agreement until recently, but has approved expenditures of the CDBG funds beginning in 2019. 2.0 TERM , EXTENSIONS AND AMENDMENTS 2.1 Original Term. This Agreement will commence on October 1, 2019 and will terminate on September 30, 2020 (the “Initial Term”). “Term,” when used in this Agreement, means the Initial Term plus any exercised Extension Options. 2.2 Extension Options. County may renew this Agreement for up to a total of five (5) years to coincide with the term of the County’s Consolidated Plan submitted to HUD (an “Extension Option”). An Extension Option will be effective only upon execution by the Parties of a formal written amendment. 2.3 The terms of this Agreement may be modified, amended, altered or extended only by a written amendment signed by the parties. Any amendment to the Agreement must be approved by the County before any services under the amendment commences. 2.4 Minor modifications may be made by written memorandum approved and signed by the Director of the Pima County Community Development and Neighborhood Conservation Department or designee. Minor modifications are changes in the scope, which do not change the specified purpose , outcomes or the total compensation provided through this Agreement and do not in any way increase the direct or indirect liability of the County under this Agreement. 2.5 Notwithstanding paragraph 2.1 and 2.2 above, the terms of this Agreement will survive and remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 3.0 SCOPE OF SERVICES 3.1 Subrecipient will: 3.1.1 Provide the County with the services described in the attached Exhibit A. 3.1.2 Employ suitably trained and skilled personnel to perform all services under this Agreement. 3.1.3 Perform its duties in a humane and respectful manner and in accordance with any applicable professional standards. Marana Regular Council Meeting 02/18/2020 Page 69 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 3 of 14 3.1.4 Unless otherwise provided for herein, the personnel delivering services pursuant to this Agreement will: 3.1.4.1 Be employees or volunteers of the Subrecipient ; 3.1.4.2 Satisfy any qualifications set forth in this Agreement ; and 3.1.4.3 Be covered by personnel policies and practices of Subrecipient. 3.1.5 Obtain and maintain all required licenses, permits and authority required for performance under this Agreement 3.1.6 Maintain an accounting manual that describes its financial procedures in sufficient detail to ensure that its financial practices are easily unde rstood. 3.1.7 Undertake the same obligations to the C ounty, as County does to HUD pursuant to the 2019- 2020 Annual Action Plan and assurances. Subrecipient will hold County harmless against any injury that C ounty may suffer with respect to HUD on account of any failure on the part of Subrecipient to fulfill obligations to HUD. 3.2 Subrecipient certifies that no individual or agent has been employed or retained to solicit or secure this Agreement for commission, percentage, brokerage or contingent fee except a bona fide employee whose job duties include securing business. 3.3 No program funded under this Agreement may impair existing contracts for services or collective bargaining agreements or be inconsistent with the terms of a collective bargaining agreement without the written concurrence of the labor organization and employer concerned. 4.0 MONITORING AND EVALUATION 4.1 County will monitor all activities and information sources in the management, fiscal, and services systems of Subrecipient and any subcontracted pa rties relating to performance of duties and obligations under this Agreement to ensure that Subrecipient is: 4.1.1 Making adequate and acceptable progress in the provision of services; 4.1.2 Maintaining adequate and acceptable systems to document services and expendit ures; and 4.1.3 Using the funds provided pursuant to this Agreement effectively and efficiently to accomplish the purposes for which funds were made available. 4.2 Subrecipient must cooperate in the monitoring and evaluation process by County and/or HUD. 4.3 Subrecipient must assist County in providing reports and documentation to HUD related to Subrecipient’s performance and, where applicable, the impact of the CDBG-funded activities on the community. 4.4 If monitoring and evaluation finds that Subrecipient’s performance is substandard, Subrecipient will be in default of this Agreement. If Subrecipient fails to take appropriate actions to correct the default within fifteen (15) calendar days from date of notice, this Agreement may be suspended or terminated. 4.5 To the greatest extent permissible by law, County, and any authorized federal, state or local agency, including, but not limited to, the HUD and the Comptroller of the United States, will at all reasonable times have the right of access to Subrecipient's facility, books, documents, papers, or other records which are pertinent to this Agreement, in order to make audits, examinations, excerpts and transcripts for the purpose of evaluating Subrecipient's performance and Subrecipient's compliance with this Agreement. 5.0 COMPENSATION AND PAYMENT 5.1 In consideration for services specified in Exhibit A of this Agreement, County agrees to pay Subrecipient up to $60,000.00 (“the Maximum Allocated Amount”). Marana Regular Council Meeting 02/18/2020 Page 70 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 4 of 14 5.2 Payment will be made from CDBG Grant(s) County has been awarded from HUD (“the awarding agency”) as follows: CDBG Grant Year Contract Year Maximum Allocated Amount FY 2019-2020 2019-2020 $60,000.00 TOTAL $60,000.00 5.3 Payment of the full Maximum Allocated Amount is subject to the CDBG funds being made available to County for this Agreement. The Maximum Allocated Amount may be decreased at any time due to reduction, termination, or any other changes in funding. Unless specifically authorized by County, unexpended funds will not be carried over into another fiscal year. 5.4 Pursuant to the agreement between HUD and County (Pima County Contract No. B-19-UC -04- 0502) and the Pima County Board of Supervisors’ approval of this allocation of CDBG funds to Subrecipient on May 7, 2019, Subrecipient may be reimbursed costs associated with this Agreement as follows: 5.4.1 For eligible activities from and after October 1, 2019; and 5.4.2 For administrative costs incurred from and after July 1, 2019. 5.5 Subrecipient must submit a request for reimbursement every month, even if no funds are being requested for the prior month. Requests for reimbursement are due as follows: Agreement Month Due date for Request for Reimbursement January through April & July through December 30 calendar days from end of month May June 15 June July 7 5.6 Each monthly request for reimbursement must: 5.6.1 Reference this Agreement number. 5.6.2 Be approved and signed by both the person (s) that prepared the request and an authorized manager, supervisor or executive of the Subrecipient to insure proper internal financial controls. 5.6.3 Be for services and costs as identified in Exhibit A. 5.6.4 Include the amount of: 5.6.4.1 CDBG accrued expenditures, if any; 5.6.4.2 Program income, as defined by the awarding agency; and 5.6.4.3 All other fiscal resources applied to expenses incurred in providing services under this Agreement. 5.6.5 Be accompanied by documentation which must include, but is not limited to: 5.6.5.1 A summary report of monthly expenditures by expense categories as shown in approved budget in Exhibit A of this Agreement. 5.6.5.2 Copies of invoices and checks (front and back) to support all purchases of goods or services. 5.6.5.3 If reimbursement is authorized for travel, detailed travel reports to support all travel expenses. 5.6.5.4 Any other documentation requested by County. Marana Regular Council Meeting 02/18/2020 Page 71 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 5 of 14 5.6.6 Be accompanied by a hardcopy, with original signatures, of the Financial Status Report and Request for Funds. County will provide Subrecipient with a form similar to that attached hereto as Exhibit B upon execution of this Agreement. 5.6.7 If reimbursement is authorized for personnel costs, the monthly request for reimbursement must include, the following documentation for each pay period: 5.6.7.1 Time sheets or other records, signed by the employee and the employee's immediate supervisor with direct knowledge of employee's efforts for this Agreement, that specify the days, hours per day and total hours worked on the grant; and 5.6.7.2 Accounting system report(s) specifying rate of pay and costs of employer paid benefits. 5.7 If Subrecipient is required to provide matching funds under the terms of the awarding agency, Subrecipient must also provide the documentation described in paragraph 5.6 for the matching funds. 5.8 Subrecipient must utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Subrecipient may not bill the County for costs which are paid by another source. Subrecipient must notify County within ten (10) days of receipt of alternative funding for costs which would otherwise be subject to payment pursuant to this Agreement. 5.9 If each request for payment includes adequate and accurate documentation, County will generally pay Subrecipient within thirty (30) days from the date invoice is received. Subrecipient should budget cash needs accordingly. 5.10 County may, at its sole discretion: 5.10.1 Determine the acceptability and progress of work performed and determine the resulting entitlement to payment of each request for reimbursement. 5.10.2 Liquidate funds available under this Agreement for costs incurred by County on behalf of Subrecipient. 5.10.3 Deny full payment for requests for reimbursement that are submitted to County after the date set forth in paragraph 5.5. County may deduct its processing costs or delay-related damages in connection with a request for payment submitted after that date. 5.10.4 Deny payme nt for any request for reimbursement received after the following dates: Month Expense Incurred Denial date January through March July and August October through December More than 60 days after the end of the month in which the expense was incurred April and May June 21 June July 15 September October 31 If payment is made on such a delinquent request, County will deduct its processing costs or delay-related damages. 5.11 Pursuant to A.R.S. § 11-622, County will deny reimbursement completely for requests for payment made later than six months after the last item of the account accrues. 5.12 REQUEST FOR FINAL PAYMENT for compensation earned and/or eligible costs incurred must be submitted to the County within 15 working days after the end of the Ag reement term. The request must meet the requirements set forth in paragraph 5.6 and include a report summarizing Subrecipient’s performance during the term of the Agreement. Marana Regular Council Meeting 02/18/2020 Page 72 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 6 of 14 5.13 No payments will be made to Subrecipient, until all of the following conditions are met: 5.13.1 Subrecipient has completed and submitted a W-9 Taxpayer Identification Number form; 5.13.2 Subrecipient has registered as a Pima County Vendor at the following web address -- https://secure.pima.gov/procurement/vramp/login.aspx); 5.13.3 This Agreement is fully executed; and 5.13.4 Adequate and accurate documentation is provided with each request for payment or invoice. 5.14 Changes between budget line items. Changes between budget line items of no more than 15% may be granted by and at the sole discretion of the Director of Community Development and Neighborhood Conservation (“CDNC”) or designee. The following provisions apply: 5.14.1 The change may not increase or decrease the maximum allocated amount. 5.14.2 Subrecipient must submit a written request for the line item change on or before May 15 of the contract year. The written request must contain a detailed explanation of: 5.14.2.1 The reason the change is necessary; and 5.14.2.2 How the specified purpose, program(s), metrics, or outcomes set forth in this Agreement will continue to be met, despite the requested change. 5.14.3 The change must be for future expenditures that are not part of the curre nt existing and approved budget(s). The change may not be to cover unbudgeted expenditures incurred by Subrecipient prior to the approval of the written request for a budget line item change. 5.14.4 If the Director of CNDC or designee approves the request for the budget line item change, the change will not be effective, nor will compensation under the change be provided, until the date set forth in the written approval. 5.15 Any change that increases or decreases the maximum allocate amount or that changes the Scope of Work in any way will require a contract amendment. Such change will not be effective, nor will compensation under the change be provided, until the contract amendment is fully executed by both parties. 5.16 Goods and services provided in excess of the budgeted line item or the maximum allocated amount without prior authorization as set forth in paragraphs 5.14 and 5.15 above will be at Subrecipient ’s own risk. 5.17 Disallowed Charges or Cost principles. 5.17.1 Pursuant to 2 CFR §2400.101, unless excepted under 24 CFR chapters I through IX, the cost principles set forth in 2 CFR part 200, Subpart E, as may be modified by amendments and additions, will be used to determine whether an incurred cost will be reimbursed under t his Agreement. 5.17.2 Subrecipient must reimburse County for improper, unallowable or unsubstantiated costs discovered as a result of audit or otherwise within thirty (30) days following demand for reimbursement by County. 5.18 For the period of record retention required under Section 21.0 -- Books and Records, County reserves the right to question any payment made under this Section 5.0 and to require reimbursement by setoff or otherwise for payments determined to be improper or contrary to the Agreement or law. 6.0 PROGRAM INCOME 6.1 County does not anticipate that program income, as defined by the awarding agency, will be generated under the activities of this Agreement. Marana Regular Council Meeting 02/18/2020 Page 73 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 7 of 14 6.2 In the event that activities under this Agreement do generate program income or program income is authorized, Subrecipient must: 6.2.1 Report to County all program income, as defined at 24 CFR § 570.500(a), generated and received as a result of activities carried out with the CDBG-funds provided pursuant to this Agreement. These reports are due quarterly. 6.2.2 Return program income to County within 15 days of the end of each month, unless otherwise specified in Exhibit A. 7.0 INSURANCE 7.1 Subrecipient and County will maintain commercial general liability – occurrence form, automobile liability, and worker’s compensation and employer’s liability insurance, or be self-insured, in amounts sufficient to cover any claims, whether or not due to negligence, which may arise in the performance of the activities set forth in this IGA. 7.2 For purposes of Workers’ Compensation, an employee of a party to this Agreement who works under the jurisdiction or control of, or who works within the jurisdictional bound aries of, another party pursuant to this specific Agreement, is deemed an employee of both parties, as provided in A.R.S. § 23-1022(D). The primary employer of such employee shall be solely liable for payment of Workers’ Compensation benefits for the purp oses of this paragraph. Each party shall comply with the notice provisions of A.R.S. § 23-1022(E). 8.0 INDEMNIFICATION 8.1 Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney’s fees) (hereinafter collectively referred to as “claims”) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, agents, employees, or volunteers. 8.2 Subrecipient warrants that services provided under this Agreement are non-infringing. Subrecipient will indemnify, defend and hold County harmless from any claim of infringement arising from services provided under this Agreement or from the provision, license, transfer or use for their intended purpose of any products provided under this Agreement 9.0 COMPLIANCE WITH LAWS 9.1 Compliance with Laws; Changes. Subrecipient will comply with all applicable federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. Any changes in the governing laws, rules, and regulations during the terms of this Agreement will apply, but do not require an amendment. 9.2 Licensing. Subrecipient warrants that it is appropriately licensed to provide the services under this Agreement and that its subcontractors will be appropriately licensed. 9.3 Choice of Law; Venue. The laws and regulations of the State of Arizona will govern the rights of the parties, the performance of this Agreement, and any disputes her eunder. Any action relating to this Agreement must be brought in a court of the State of Arizona in Pima County. 9.4 Compliance with 24 CFR 570 . Subrecipient will comply with the requirements of 24 CFR 570, including subpart K of these regulations, except the Subrecipient does not assume: 9.4.1 County’s environmental responsibilities described in 24 CFR 570.604; and 9.4.2 County’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. Marana Regular Council Meeting 02/18/2020 Page 74 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 8 of 14 9.5 Use of CDBG Funds. Subrecipient warrants that CDBG funds provided or personnel employed in the administration of the program funded under this Agreement will not be used for: 9.5.1 Political activities; 9.5.2 Inherently religious activities; 9.5.3 Lobbying to influence the outcome of any election or the award of any fe deral contract, grant, loan or cooperative agreement (see Federal Standard Form LLL, “Disclosure of Lobbying Activities);; 9.5.4 Political patronage; or 9.5.5 Nepotism activities. 9.6 Compliance with Federal Law, Rules and Regulations . Subrecipient will comply with the applicable provisions of: 9.6.1 Davis-Bacon Act (Public Law 107-217), as amended; 9.6.2 Contract Work Hours and Safety Standards Act (40 USC 327 et seq.); 9.6.3 Copeland Anti-Kick Back Act (18 USC 874 et seq.); 9.6.4 Section 3 of the HUD Act of 1968 as amended; and 9.6.5 All rules and regulations applicable to the Acts set forth above. 9.7 Cooperation. Subrecipient will fully cooperate with County, HUD and any other federal agency in the review and determination of compliance with the above provisions. 10.0 INDEPENDENT CONTRACTOR 10.1 Subrecipient is an independent contractor. Neither Subrecipient nor any of Subrecipient’s officers, agents, or employees will be considered an employee of Pima County or be entitled to receive any employment-related benefits, or assert any protections, under the Pima County Merit System. 10.2 Subrecipient is responsible for paying all federal, state and local taxes on the compensation by Subrecipient under this Agreement and will indemnify and hold County harmless from any and all liability which County may incur because of Subrecipient’s failure to pay such taxes. 10.3 Subrecipient will be solely responsible for its program development, operation, and performance. 11.0 SUBCONTRACTOR 11.1 Except as provided in paragraph 11.2, Subrecipient will not enter into any subcontracts for any services to be performed under this Agreement without County’s prior written approval of the subcontract. Subrecipient must follow all applicable Federal, State, and County rules and regulations for obtaining subcontractor services. 11.2 Prior written approval is not required for the purchase of supplies that are necessary and incidental to Subrecipient’s performance under this Agreement. 11.3 Subrecipient will be fully responsible for all acts and omissions of any subcontractor and of persons directly or indirectly employed by any subcontractor and of persons for whose acts, any of them, may be liable to the same extent that the Subrecipient is responsible for the acts and omissions of persons directly employed by it. Nothing in this Agreement will create any obligation on the part of County to pay or see to the payment of any money due any subcontractor, except as may be required by law. 11.4 Subrecipient must include the provision set forth in paragraph 4.5 in all contracts between Subrecipient and its subcontractors providing goods or services pursuant to this Agreement. Subrecipient will be responsible for subcontractors' compliance with that pr ovision and for any Marana Regular Council Meeting 02/18/2020 Page 75 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 9 of 14 disallowances or withholding of reimbursements resulting from noncompliance of said subcontractors with the provision. 12.0 ASSIGNMENT Subrecipient cannot assign its rights or obligations under this Agreement, in whole or in part, without County’s prior written approval. County may withhold approval at its sole discretion. 13.0 NON-DISCRIMINATION 13.1 Subrecipient will comply with all provisions and requirements of Arizona Executive Order 2009 -09, which is hereby incorporated into this Agreement, including flow down of all provisions and requirements to any subcontractors. 13.2 During the performance of this Agreement, Subrecipient will not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. 13.3 Unless exempt under federal law, Subrecipient will comply with: 13.3.1 Titles VI and VII of the Civil Rights Act of 1964 as amended; 13.3.2 The Age Discrimination in Employment Act; 13.3.3 Section 504 of the Rehabilitation Act of 1973, as amended; and 13.3.4 The requirements of the Fair Labor Standards Act of 1938, as amended. 14.0 AMERICANS WITH DISABILITIES ACT Subrecipient will comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. If Subrecipient is carrying out a government program or services on behalf of County, then Subrecipient will maintain accessibility to the program to the same extent and degree that would be required by the County under 28 CFR Sections 35.130, 35.133, 35.149 through 35.151, 35.160, 35.161 and 35.163. Failure to do so could result in the termination of this Agreement. 15.0 AUTHORITY TO CONTRACT Subrecipient warrants its right and power to enter into this Agreement. If any court or administrative agency determines that County does not have authority to enter into this Agreement, County will not be liable to Subrecipient or any third party by reason of suc h determination or by reason of this Agreement. 16.0 FULL AND COMPLETE PERFORMANCE The failure of either party to insist on one or more instances upon the full and complete performance of any of the terms or conditions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, will not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time will not be construed as an accord a nd satisfaction. 17.0 CANCELLATION FOR CONFLICT OF INTEREST 17.1 This Agreement is subject to cancellation for conflict of inter est pursuant to ARS § 38-511, the pertinent provisions of which are incorporated into this Agreement by reference. Marana Regular Council Meeting 02/18/2020 Page 76 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 10 of 14 17.2 Subrecipient agrees to comply with all applicable conflict of interest provisions contained in Federal laws and regulations that govern the awarding agency including 24 CFR §§ 84.42 and 570.611. 18.0 TERMINATION AND SUSPENSION 18.1 Without Cause: County may terminate this Agreement at any time, without cause, by serving a written notice upon Subrecipient at lease thirty (30) days before the effective d ate of the termination. In the event of such termination, the County's only obligation to Subrecipient will be payment for services rendered prior to the date of termination. 18.2 With Cause: Except as set forth in paragraph 4.4, County may terminate this Agreement at any time without advance notice and without further obligation to County finds Subrecipient to be in default of any provision of this Agreement. 18.3 Insufficient Funds: Notwithstanding Paragraphs 18.1 and 18.2 above, if any state or federal grant monies used to pay for performance under this Agreement are reduced or withdrawn, County will have the right to either reduce the services to be provided and the total dollar amount payable under this Agreement or terminate the Agreement. To the extent possible, County will endeavor to provide fifteen (15) days written notice of such reduction or termination. In the event of a reduction in the amount payable, County will not be liable to Subrecipient for more than the reduced amount. In the event of a termination under this paragraph, County’s only obligation to Subrecipient will be payment for services rendered prior to the date of termination to the extent that grant funds are available. 18.4 Non-Appropriation: Notwithstanding any other provision in this Agreement, County may terminate this Agreement if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining County or other public entity obligations under this Agreement. In the event of such termination, County will have no further obligation to Subrecipient, other than for services rendered prior to termination. 18.5 Suspension: County reserves the right to suspend Subrecipient’s performance and payments under this Agreement immediately upon notice delivered to Subrecipient’s designated agent in order to investigate Subrecipient’s activities and compliance with this Agreement. In the event of an investigation by County, Subrecipient will cooperate fully and provide all requested information and documentation. At the conclusion of the investigation, or within forty-five (45) days, whichever is sooner, Subrecipient will be notified in writing that the Agreement will be immediately terminated or that performance may be resumed. 19.0 NOTICE 19.1 Subrecipient must give written notice of any change of corporate or entity status as promptly as possible and, in any event, within fifteen (15) days after the change is effective. A change in corporate or entity status includes, but is not limited to, change from unincorporated to incorporated status and vice versa and any suspension or termination of corporate status based on failure to comply with all applicable federal, state, and local reporting requirements. 19.2 Any notice required or permitted to be given under this Agreement must be in writing and must be served by delivery or by certified mail upon the other party as follows: County: Subrecipient: Daniel Tylutki, Interim Director Pima County Community Development & Neighborhood Conservation 2797 East Ajo Way Tucson, Arizona 85713 Jamsheed Mehta, Town Manager Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Marana Regular Council Meeting 02/18/2020 Page 77 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 11 of 14 20.0 OTHER DOCUMENTS 20.1 In entering into this Agreement, Subrecipient and County have relied upon information provided in Subrecipient’s proposal submitted in response the 2019-2020 Community Planning Application including the Instructions to Bidders, Standard Ter ms and Conditions, Specific Terms and Conditions, Solicitation Addenda, Subrecipient’s Proposal, other information and documents submitted by the Subrecipient in its’ response to said Solicitation. 20.2 The documents set forth in Paragraph 20.1 are hereby incorporated into and made a part of this Agreement as if set forth in full herein, to the extent not inconsistent with the provisions of this Agreement, including all exhibits. Subrecipient will promptly bring any provisions which Subrecipient believes are inconsistent to County’s attention, and County will provide Subrecipient with its interpretation of the provisions in question. In the event of an irreconcilable inconsistency, the provisions of the awarding agency documents will govern over the conditions of this Agreement, unless otherwise required by law. 21.0 BOOKS AND RECORDS 21.1 Subrecipient will keep and maintain all records specified in 24 CFR 570.506 which are pertinent to the activities funded under this Agreement. All such records will be open for inspection and audit by duly authorized representatives of County during normal business hours. Records include, but are not limited to: 21.1.1 A full description of each action or activity taken to comply with this Agreement; 21.1.2 Demonstration that the actions and activities meet one or more of the National Objectives of the CDBG program; 21.1.3 Eligibility documentation and determination; 21.1.4 Documentation of compliance with the fair housing and equal opportunity components of the CDBG program; 21.1.5 Disbursements of funds; 21.1.6 Financial records required under 24 CFR § 570.502 and 24 CFR §§ 84.21 – 28; and 21.1.7 Documentation of compliance with Subpart K of 24 CFR Part 570. 21.2 Subrecipient must retain all records pertaining to this Agreement for four (4) years after County submits the annual performance and evaluation report to HUD in which the CDBG-funded activities under this Agreement are reported on for the final time or until completion of any action and resolution of all issues which arise from any related litigation, claim, negotiations, a udit or other action involving the records that was started before the expiration of the 4 -year period, whichever is later. 22.0 AUDIT REQUIREMENTS 22.1 Subrecipient will: 22.1.1 Comply with the applicable provisions of the Uniform Administrative Requirements, Cost Princip les and Audit Requirements for Federal Awards (2 CFR Parts 200 and 2400). 22.1.2 Establish and maintain a separate, identifiable accounting of all funds provided by County under this Agreement. The accounting must record all expenditures which are used to support invoices and requests for payment from the County. 22.1.3 Establish and maintain accounting records which identify the source and application of any funds not provided under this Agreement used to support these Agreement activities. Marana Regular Council Meeting 02/18/2020 Page 78 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 12 of 14 22.1.4 Ensure that all accounting records meet the requirements of the Federal, State, County, and generally accepted accounting principles laws and regulations. 22.1.5 Upon written notice from County, provide a program-specific or financial audit. Such notice from County will specify the period to be covered by the audit, the type of audit and the deadline for completion and submission of the audit. 22.1.6 Assure that any audit conducted pursuant to this Agreement is performed by a qualified, independent accounting firm and submitted to County within six (6) months of completion of the audit required pursuant to this Section 22 .0, unless a different time is specified by County. The audit submitted must include Subrecipient responses, if any, concerning any audit findings. 22.1.7 Pay all costs for any audit required or requested pursuant to this Section 2 2.0, unless the cost is allowable for payment with the grant funds provided pursuant to this Agreement under the appropriate federal or state grant law and the cost was specifically included in the Subrecipient grant budget approved by County. 22.2 Subrecipient status: 22.2.1 If Subrecipient is a "nonprofit corporation" that meets the definition of “corporation” in A.R.S. §10-3140, Subrecipient will comply with the applicable audit requirements set forth in A.R.S. § 11-624, “Audit of Non-Profit Corporations Receiving County Monies.” 22.2.2 If Subrecipient meets or exceeds the single audit threshold set forth in 2 C.F.R. Part 200, Subrecipient will comply with federal single audit requirements and, upon request from County, provide County with a copy of the required audit document within ninety (90) days following the end of Subrecipient’s fiscal year. 22.3 Subrecipient must timely submit the required or requested audit(s) to: Dewey Cooper, Contract Specialist Pima County Community Development and Neighborhood Conservation 2797 E. Ajo Way, 3rd Floor Tucson, AZ 85713 23.0 COPYRIGHT Neither Subrecipient nor its officers, agents or employees will copyright any materials or products developed through contract services provided or contract expenditures made under this Agreement without prior written approval by the County. Upon approval, the C ounty will have a non-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. 24.0 PROPERTY OF THE COUNTY 24.1 Subrecipient is not the agent of County for any purpose and will not purchase any materials, equipment or supplies on the credit of County. 24.2 Any materials, including reports, computer programs and other deliverables, created under this Agreement are the sole property of County. Subrecipient is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. Subrecipient will not use or release these materials without the prior written consent of County. 25.0 DISPOSAL OF PROPERTY Termination of this Agreement will not relieve any party from lia bilities or costs already incurred under this Agreement, nor affect any ownership of property pursuant to this Agreement. Marana Regular Council Meeting 02/18/2020 Page 79 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 13 of 14 26.0 COORDINATION On matters relating to the administration of this Agreement, County will be Subrecipient's contact with all Federal, State and local agencies that provide funding for this Agreement. 27.0 PUBLIC RECORDS 27.1 Disclosure. Pursuant to Arizona Public Records law, A.R.S. § 39 -121 et seq., and A.R.S. § 34- 603(H) in the case of construction or architectural and engineering services procured under A.R.S. § Title 34, Chapter 6, all documents submitted in response to the solicitation resulting in an award of this Agreement, including, but not limited to pricing schedules, product specifications, work plans, and any supporting documents, are public records. As such, those documents are subject to release and/or review by the general public upon request, including competitors. 27.2 Records Marked Confidential; Notice and Protective Order . 27.2.1 If Subrecipient reasonably believes that some of the records described in paragraph 27.1 above contain proprietary, trade-secret or otherwise-confidential information, Subrecipient must prominently mark those records “CONFIDENTIAL.” 27.2.2 In the event that a public records request is submitted to County for records marked “CONFIDENTIAL,” County will notify Subrecipient of the request as soon as reasonably possible. 27.2.3 County will release the records ten (10) business days after the date of notice provided pursuant to paragraph 27.2.2, unless Subrecipient has, within that period, secured an appropriate order from an Arizona court of competent jurisdiction, enjoining the release of the records. 27.2.4 County will not, under any circumstances, be responsible for securing such an order, nor will County be in any way financially responsible for any costs associated with securing such an order. 28.0 ELIGIBILITY FOR PUBLIC BENEFITS Subrecipient will comply with applicable provisions of A.R.S. §§1 -501 and 1-502 regarding public benefits, which are hereby incorporated as provisions of this Agreement. 29.0 NO JOINT VENTURE It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship betwee n the parties or create any employer-employee relationship between County and any Court employees, or between Court and any County employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 30.0 REMEDIES Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each will be cumulative and in addition to any other right or remedy existing at law or at equity or by virtue of this Agreement. 31.0 SEVERABILITY Each provision of this Agreement stands alone, and any provision of this Agreement found to be prohibited by law will be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement. Marana Regular Council Meeting 02/18/2020 Page 80 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 14 of 14 32.0 NO THIRD PARTY BENEFICIARIES Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of public facilities different from t he standard of care imposed by law. 33.0 ENTIRE AGREEMENT 33.1 This document constitutes the entire agreement between the parties pertaining to the subject it addresses and supersedes all prior or contemporaneous agreements and understandings, oral or written. 33.2 No verbal agreements or conversations with any officer, agent or employee of County prior to or after the execution of this Contract will affect or modify any of the terms or obligations contained in any documents comprising this Contract. Any such verbal agreements are unofficial information and in no way binding upon County. IN WITNESS THEREOF, the parties have affixed their signatures to this Agreement on the date written below. THIS AGREEMENT MAY BE SIGNED IN COUNTERPARTS PIMA COUNTY _______________________________________ Chairman, Board of Supervisors Date: _____________________ ATTEST: _______________________________________ Clerk of the Board Date APPROVED AS TO CONTENT: _______________________________________ Interim Director, Community Development & Neighborhood Conservation TOWN OF MARANA _______________________________________ Mayor, Town of Marana Date: ____________________ ATTEST: _______________________________________ Town Clerk Date The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. §11-952 by the undersigned Deputy County Attorney and the Town of Marana Attorney, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by Pima County and the Town of Marana. PIMA COUNTY ________________________________________ Karen S. Friar, Deputy County Attorney TOWN OF MARANA _____________________________________ Frank Cassidy, Town Attorney Marana Regular Council Meeting 02/18/2020 Page 81 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 1 of 4 EXHIBIT A SCOPE OF WORK 1. Program Title: Management and Implementation of the Town of Marana Community Development Block Grant Program (“the CDBG Program”). 2. Pro gram Purpose: The Program will provide the following eligible CDBG activities for income-qualified persons and households in Marana, Arizona: 2.1. Program Administration; 2.2. Colonia Neighborhood Cleanup, public service activities; 2.3. Emergency Home Repair and Owner-Occupied Housing Rehabilitation. 3. Program Activities: 3.1. Program Administration. Subrecipient will provide eligible, general CDBG program administration functions and activities for the management and implementation of the CDBG program to the extent allowed under 24 CFR 570.206. 3.2. Colonia Neighborhood Cleanup. Subrecipient will provide eligible, CDBG public service, crime prevention and public safety activities as allowable per 24 CFR 570.201(e). Activities may include, but are not limited to: 3.2.1. Select and identify neighborhoods where cleanup activities will take place. For each area selected: 3.2.1.1. Reach out to community representatives and groups to identify specific community cleanup needs; 3.2.1.2. Complete a thorough needs assessment for each suggested community cleanup activity; 3.2.1.3. Organize and hold or attend established community meetings to organize and plan Cleanups as appropriate; 3.2.1.4. Conduct activities; and 3.2.1.5. Provide addressing for homes as needed. 3.2.2. Procure, by competitive bidding and quotes, required materials, supplies and services to conduct the community cleanup activities, including, but not limited to: 3.2.2.1. Roll-off dumpsters; 3.2.2.2. Heavy equipment rental or operations costs, e.g. backhoes, front loaders, skid steers, and augers; 3.2.2.3. Trailers; 3.2.2.4. Safety equipment for workers and volunteer s; 3.2.2.5. Hand and power tools; 3.2.2.6. T-shirts; and 3.2.2.7. Marketing flyers and posters promoting the project. Marana Regular Council Meeting 02/18/2020 Page 82 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 2 of 4 3.2.3. Purchase and plant trees and vegetation from the Pima County Nursery, if available. If Nursery plants are unavailable or the County Nursery does not have the appro priate plants; procure trees and vegetation from local providers by competitive bidding and quotes. 3.3. Emergency Home Repair & Owner Occupied Housing Rehabilitation. Subrecipient will provide CDBG housing activities, as allowable per 24 CFR 570.202, as follo ws: 3.3.1. Rank eligible applicants based on severity of health and safety issues in the home. Give priority to applicants most in need with special consideration given to households with elderly and/or disabled persons and with children 6 years of age and younger. 3.3.2. Complete an Environmental Review Record (ERR) for each home which is scheduled to be modified and secure County’s Environmental Officer Clearance prior to committing funds and carrying out work. 3.3.3. Prepare written scope of work of home repairs, adaptive construction, and safety hardware work to be completed. 3.3.4. For projects on homes built prior to 1978, comply with HUD’s Lead Safe Housing Rule (24 CFR Part 35), including, but not limited to: 3.3.4.1. Providing household occupants with the U.S. Environmental Protection Agency’s “The Lead-Safe Certified Guide to Renovate Right,” brochure available at: <www.cpsc.gov/s3fs-public/renovateright.pdf>. 3.3.4.2. Securing a signed disclosure from applicant seeking assistance confirming that they have received a copy of the brochure detailed in 3.3.4.1. 3.3.4.3. Obtaining a copy of the certificate from agency staff or contractors that demonstrates their familiarity with EPA’s Lead Renovation, Repair and Painting Rule (RRP Rule) (40 CFR Part 745, Subpart E) training on lead safe work practices. 3.3.4.4. Conducting a visual inspection of the property for chip ping, peeling or cracking paint. 3.3.4.5. Informing Pima County if the repair work will disturb more than two square feet of painted surface per room and conduct the following lead remediation activities: 3.3.4.5.1. Testing for lead. 3.3.4.5.2. Mitigate lead, if applicable, through the use of interim controls and other lead safe work practices. 3.3.4.5.3. Secure signed form from the occupant acknowledging they understand the lead identification and work that will be completed to eliminate the risk. 3.3.5. Obtain all necessary permits, if required. 3.3.6. Create a file for each applicant and retain for 4 years: 3.3.6.1. Copies of all agreements and authorizations obtained from applicant; 3.3.6.2. Records of disbursements made for work approved and completed; 3.3.6.3. Copies of onsite inspections by rehabilitation specialists, approvals of rehabilitation work, and the final inspection ; Marana Regular Council Meeting 02/18/2020 Page 83 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 3 of 4 3.3.6.4. Completed ERR; and 3.3.6.5. Signed lead disclosure forms, contractor(s) certifications, and occupant acknowledgements as applicable under 3.3.4. 3.3.7. Procure, by competitive quotes: 3.3.7.1. Eligible professional and outside services, as needed; and 3.3.7.2. Materials and supplies for emergency home repair, adaptive c onstruction, and safety hardware including, but not limited to: 3.3.7.2.1. Plumbing; 3.3.7.2.2. Heating and cooling; 3.3.7.2.3. Electrical; 3.3.7.2.4. Flooring; 3.3.7.2.5. Exterior (roofing, windows, doors,); 3.3.7.2.6. Accessibility/Safety hardware; and 3.3.7.2.7. Lead renovation, repair and painting 3.3.8. Verify eligibility of applicants. Each household receiving assistance under this program must meet all of the following criteria: 3.3.8.1. Be owner-occupant of a site built or legally affixed manufactured home; 3.3.8.2. Have and provide a copy of recorded Property Deed to show evidence of property ownership, or provide a copy of the recorded Affidavit of Affixture, if the property is a manufactured home; 3.3.8.3. Have a household income at or below 80% Area Median Income (AMI); 3.3.8.4. Live in Town of Marana or surrounding incorporated communities in Pima County. 3.3.8.5. Have proof of flood insurance if the home is located in a Federal Emergency Management Agency Special Flood Hazard Area . 3.3.9. Accept and prioritize referrals from Pima County Community Development and Conservation Department. 4. Project goal/predicted outcomes: 4.1. Goal: Create viable communities that meet the needs of low- and moderate-income individuals and households through CDBG activities that promote decent housing, suitable living environments and expanded economic opportunities. 4.2. Predicted outcome: Individuals and households will have new or improved access to public services; facilities and receive critical home repair services. 5. Public benefit – CDBG National Objective and Eligible Activity: Upon completion, the Town of Marana CDBG Program will meet the HUD CDBG National Objective to assist low- and moderate-income persons and households. 6. Metrics available to measure performance : At a minimum: 6.1. Fourteen (14) neighborhood cleanups will be conducted in Colonia communities; and 6.2. Four (4) low- to moderate-in come households will receive emergency home repair or owner- occupied housing rehabilitation to that address livability, safety, and accessibility needs. Marana Regular Council Meeting 02/18/2020 Page 84 of 185 105082 / 00759084 / v2 CT -CD-20-215 Page 4 of 4 7. Reports: 7.1. Subrecipient will provide quarterly reports to County for submission to HUD on County’s web -based application system at www.zoomgrants.com. The reports must include, but are not limited to, the following: 7.1.1. An accomplishment narrative describing program successes and challenges; 7.1.2. Number of persons benefiting from public facility improvement(s); 7.1.3. Number of emergency home repair and owner-occupied housing rehabilitation activities conducted including but not limit to the follow information as applicable: 7.1.3.1. Physical address of each housing unit assisted. 7.1.3.2. Household income calculated and identified by appropriate cohort per household as follows: 7.1.3.2.1. Extremely Low Income, at or below 30% Area Median Income (“AMI”) 7.1.3.2.2. Low Income, at or below 50% AMI 7.1.3.2.3. Moderate Income, at or below 80% AMI 7.1.3.3. Racial and Ethnic information of applicant or head of household , only. 7.1.3.4. Number of Female-headed households assisted. 7.1.3.5. Number of clients 62 years of age or older assisted. 7.1.3.6. Number of disabled clients assisted. 7.1.3.7. Lead paint requirements, as applicable, but not limited to: 7.1.3.7.1. Housing units constructed before 1978; 7.1.3.7.2. Exempt: housing units constructed 1978 or later; 7.1.3.7.3. Exempt: hard costs ≤$5,000.00; 7.1.3.7.4. Otherwise exempt; and 7.1.3.7.5. Lead hazard remediation actions, including: 7.1.3.7.5.1. Lead Hazard Work Practices (hard costs ≤ $5,000) 7.1.3.7.5.2. Interim Controls or Standard Practices (hard costs $5,000 - $25,000) 7.1.3.7.5.3. Abatement (hard costs > $25,000) 7.1.3.8. Number of persons benefiting from neighborhood cleanup activities. 7.2. All reporting provisions will survive the termination of this Agreement. 8. Budget: CDBG Activities Budget Administration $ 13,000.00 Colonia Neighborhood Cleanup $ 10,000.00 Emergency Home Repair $ 18,500.00 Owner Occupied Home Repair $ 18,500.00 Total $60,000.00 END OF EXHIBIT A Marana Regular Council Meeting 02/18/2020 Page 85 of 185 105082 / 00759084 / v2 EXHIBIT B END OF EXHIBIT B Marana Regular Council Meeting 02/18/2020 Page 86 of 185      Council-Regular Meeting   C7        Meeting Date:02/18/2020   To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:February 18, 2020 Subject:Approval of the February 11, 2020 Study Session Meeting Minutes and the February 4, 2020 Regular Council Meeting Summary Minutes (Cherry L. Lawson) Attachments Study Session Meeting Draft Minutes, 02/11/2020 Regular Council Meeting Summary Draft Minutes, 02/04/2020 Marana Regular Council Meeting 02/18/2020 Page 87 of 185 Study Session Summary Minutes 02/11/2020 1 MARANA TOWN COUNCIL STUDY SESSION 11555 W. Civic Center Drive, Marana, Arizona 85653 Conference Center on the Second Floor, February 11, 2020 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 - Excused John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:00 PM and directed the Clerk to call the roll. Mayor Honea, Vice Mayor Post (Arrival 6:06 PM), Council Members: Dave Bowen, Patti Comerford, Roxanne Ziegler (Excused), John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Bowen moved and Council Member Officer second the motion approving the agenda as written. Motion passes, 6-0. DISCUSSION/DIRECTION/POSSIBLE ACTION P1 Relating to Annexation; discussion, consideration, and possible authorization to proceed with an annexation of property known as the Pima Farms 30 Annexation, located south of Pima Farms Road and east of Cerius Str avenue (Cynthia Ross) Marana Regular Council Meeting 02/18/2020 Page 88 of 185 Study Session Summary Minutes 02/11/2020 2 Senior Planner Cynthia Ross provided an overview of this proposed project stating ACM Ventures, LLC has submitted a request to proceed with the annexation and subsequent rezoning of a 30-acre property that is located on the south side of Pima Farms Road and east of I-10. Pima County zoning for this property is Suburban Homestead (SH), Residential zoning designation with a Minimum Lot size of 36,000 sq. ft. R-36. The project lies within the municipal planning area and is compatible for the General Plan Land Use for the area meets the congruity requirement. If the Council decides to permit staff to go forward with processing the application, the applicant will submit an application to rezone the property to a higher density residential. The processing of both the annexation application and rezoning plan will run concurrently. Final Council action on both applications will occur as two separate items during the same Council Meeting with the annexation presented first and the rezoning second. The proposed northern border boundary for the annexation is the section line for Pima Farms Road which lies south of the CMID canal ditch. Pima Farms Road right -of-way will be annexed into the town will be the portion of Pima Farms Road that directly fronts the project. Site conditions are challenging due to the aging infrastructure that currently exist as well as site constra ints. Pima Farms Road and portions of Cerius Stravenue are in poor condition and the CMID ditch poses a hazard for automotive travelers. The CMID canal will not be annexed and will be required to be undergrounded by the developer. There is an existing 2 00 feet of TEP easement for the transmission lines on the west side of the site; no development have been proposed for this easement. Staff advised the applicant during the annexation discussion that certain off -site infrastructural improvements would be required as conditions of the rezoning approval. The applicant agreed to all of the staff infrastructural improvements as discussed. She stated there are infrastructure impact fees that would benefit the Town across departments. The total per dwelling impact fees are approximately $12,578; for 120 homes, the impact fees will amount to an estimate of $1.25 million. Town staff contact the Public Works Department relating to right -of-way maintenance and traffic improvement cost. Once this project is rezone and completed, it is estimated to be approximately $41,000. Utilities that will serve this project includes Pima County Wastewater and TEP; Marana Water will also serve this site if annexed into the town with off-site improvements. Ms. Ross stated staff is seeking direction from Council as the next step in this project includes the recordation of the annexation petition and collection of signatures. Town Attorney Frank Cassidy clarified for the record the applicant’s documentation indicates that they have conditional approval of a trailer home site from the County Marana Regular Council Meeting 02/18/2020 Page 89 of 185 Study Session Summary Minutes 02/11/2020 3 without a timeline. Even though the density is low, they did receive a rezoning for higher density. The only condi tion is that the applicant would need to record a sub- division plat with the county in order to finalizing the zoning, as that is how Pima County process works. It could be translated to a similar zoning as that with the same conditions. However, there may be trouble with this even if the applicant submitted a plat to the county, there is no order to serve. The applicant may experience some problems there. Mayor Honea stated this is the third time that this property has come before the Council. John Gutierrez brought this property to Council 15 years ago; it is a tough property. Pima Farms is entirely in the county as is Cerius Stravenue. The way this property meets boundary is contiguous beside the railroad on the south side. Even if they annex part of Pima Farms Road up to Sandy Desert, much of that road is within the county. There are horse property in that area as well. Cerius Stravenue just maybe the worst road located in Pima County. He does not see the advantage of annexing this property into the Marana community. Council Member Kai question how the flow of water is handle on the property. He commented about the FEMA Floodplain. Mr. Ross deferred to Town Engineer Keith Brann to respond. Mr. Brann stated the portion of the property that parallel I-10 and the railroad, there is a ponding FEMA flood zone. It is the entire TEP easement of this property and some of the property is effected in that floodplain . The preliminary layout that he has reviewe d, show the applicant trying to avoid that. They may also try to pursue a Letter of Map Revision to reduce that floodplain. Council Member Kai asked whether the water flows beside the railroad tracks, or underneath. Mr. Brann stated the flooding that ru ns through that area is part of the Tortolita fan floodplain. If they were to annex, the applicant would be subject to Marana’s policies. Council Member Bowen inquired as to where the water source would be for this site. Ms. Ross deferred to Water Director Scott Schladweiler to reply to the question. Mr. Schladweiler stated Marana has infrastructure that is immediately to the north of Pima Farms Road. It is possible that off-site infrastructure improvements would be required. Vice Mayor Post expressed curiosity over the upgrades only includes Pima Farms and not Cerius Stravenue as more travelers would access Cerius through Cortaro than Pima Farms Road. Ms. Ross deferred to Public Works Director Mo El-Ali for a reply regarding the roadway. Mr. El-Ali stated as far as traffic impact, staff would need to look at the traffic impact before it can look at Cerius Stravenue. Vice Mayor Post stated he does not believe everyone would travel near or on the Sandy D esert area. He used that route as a bypass to Cerius near the QT. Mr. El-Ali stated the traffic light is in that area of ingress egress. Marana Regular Council Meeting 02/18/2020 Page 90 of 185 Study Session Summary Minutes 02/11/2020 4 Vice Mayor Post stated this is an opportunity to get both of those roads repaired, as he does not believe Pima County will ever repair those roads. He would like to use this particular development to try to have some of those roads repaired in that area. If we cannot get any upgrades to those streets, then it is not likely to occur. However, Marana residents does drive on those roads. Mr. El-Ali stated a portion of Cerius Stravenue is located with the county as well as in Marana. Additionally, a portion of Pima Farms Road is located within Pima County and Marana respectfully. It is located east of Sandy Desert and is a small portion of the road. Under the current 2018 IGA, Pima County is responsible for maintaining even Marana’s portion of that roadway. In reference to the flooding concerns, this road does flood often. The county closes the roadway after every rain event. Ms. Ross asked whether Vice Mayor Post would be willing to move forward if the applicant is agreeable with off-site improvements to Pima Farms Road and Cerius Stravenue. Vice Mayor Post stated he would be willing to consider it. However, he is not opposed to the development, as he drove by the development to get a better understanding of the property. With the development and the streets being repaired, it would be a win-win for Marana. Council Member Officer inquired whether there would be some development on the southeast end of the road. Ms. Ross deferred to the consultant to the applicant Jim Portner to respond to some of the questions from Council. Mr. Portner stated the questions that Council raised are universe in terms of the impact when looking at the possibility of annexing. There are problems there that extends far beyond the impacts of the property. The developer is already assuming the cost of the improvements to Pima Farms. As they move forward with the Town to annexation, they will look at the other extensive improvements from a cost benefit analysis standpoint. However, there is a curing capacity that a project can only take on a certain amount of debt, and still balance. They are willing to review the matter along with staff and determine a funding source through them and quasi -determining the impact fees. He is unable to provide a definitive answer to Council to make improvements to the streets in question. Vice Mayor Post asked whether Mr. Portner has had conversations with the county on cost sharing of those roads. Mr. Portner stated he has not had those conversations with the county; however, they have other development activity in progress at this time to the east of this area not with this project, but have had conversations with county officials on those immediate projects. There are many deficiencies with those projects from a transportation and drainage standpoint. With the amount of work in this area, he believes it is possible to get a working group of officials in this area to work towa rds solutions with those deficie ncies. Marana Regular Council Meeting 02/18/2020 Page 91 of 185 Study Session Summary Minutes 02/11/2020 5 Vice Mayor Post suggested if the applicant is willing to provide solutions to those deficiencies; it is possible that the Council could be willing to consider the development; though he is speaking individually. Mr. Portner stated he and the appli cant understand there are scope of concerns that they could take on that requires some work. The extent to which they could address all of the problems is an open question. Mayor Honea stated Mr. Portner provided some answers to the concerns that Counc il has, that the applicant’s project is not big enough to generate enough revenue to improve Cerius Stravenue or Pima Farms Road. In order to build on the property, the applicant has to improve the other roads. He does not believe the property is big enough to generate the type of funding it will take to improve the roads in that area. Mr. Porter stated the applicant and the Council are looking at the same concern. Mayor Honea suggested the applicant come back to Council with a presentation that would address the drainage, roads and transportation concerns in that area. Mr. Portner requested some assistance from town staff and efforts they could come back to Council with answers to Council concerns. Council Member Bowen stated he agrees with both Mayor Honea and Vice Mayor Post regarding the size of the project verses the improvements that needs on the roads. He suggested the applicant begin the conversations with Pima County to see what infrastructure funding they are willing to commit too. If Marana takes this on and cannot later pay for it, it becomes a bigger problem for the community. Vice Mayor Post moved and Council Member Kai second the motion for staff to continue to work with the applicant to come up with a sol ution to get the infrastructure streets to be redone before the annexation comes to Council again. Motion passes 5-0, 1 Nay (Council Member Comerford). P2 Relating to Development; presentation of the 2019 Town of Marana Development Activity Annual Report (Anita McNamara) Development Services Director Jason Angell provided an overview of the 2019 Town of Marana Development Activity Annual Report. Mayor Honea and Council thanked Mr. Angell for the presentation. 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). Marana Regular Council Meeting 02/18/2020 Page 92 of 185 Study Session Summary Minutes 02/11/2020 6 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. Vice Mayor Post, moved and Council Member Kai second the motion to adjourn the meeting. Motion passes 6-0. Meeting adjourned at 6:41 PM. 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 February 11, 2020. I further certify that a quorum was present. ____________________________________ Cherry L. Lawson, Town Clerk Marana Regular Council Meeting 02/18/2020 Page 93 of 185 Regular Council Meeting Summary Minutes 02/04/2020 1 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Conference Center Second Floor February 4, 2020 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, Council Members Dave Bowen, Patti Comerford (Excused), 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 Vice Mayor Post, moved and Council Member Kai second the motion to approve the agenda. Motion passes, 6-0. CALL TO THE PUBLIC Mayor Honea opened the meeting to receive public comment, and the followi ng individual provided comments. No comments were offered. Marana Regular Council Meeting 02/18/2020 Page 94 of 185 Regular Council Meeting Summary Minutes 02/04/2020 2 PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported on Marana community parks stating Marana has some of the best parks in Southern Arizona. He has witnessed families enjoying many of our community parks. The west park in Saguaro B loom he thought was an HOA park, however, has learned that it is paid by D.H. Horton, but belongs to the Town. He complimented the park with its many amenities for that community. He and Council Member Ziegler toured the Honea Heights Park this day, and spoke about the amenities of that park. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Jamsheed Mehta announced that Chief Terry Rozema received a very prestigious award naming him as the 2020 Police Chief of the Year in Arizona. He commented on the Parks & Recreation Master Plan Update and the status of those meetings. The next meeting will be held on the Marana Municipal Complex campus on Thursday, February 13, 2020 in the Marana Police Community Room. He commented on the Executive Report following up on some of the request of Council during its last meeting, as well as providing an update to developments within the community. He spoke of a neighborhood group in the Continental area where there has been conversation about Palm Brook Drive where this section of the community has experienced increased speeding and cut -through traffic. Members of this community has signed a petition and has routed it to Council, and Council has suggested the town have a study on this matter to discuss solutions to this matter. Last summer there was special study done and with assistance from PAG for its facilities and expertise in identifying possible solutions. Some of the solutions may be to change some of the pedestrian school crosswalks near Coachline Road and Twin Peaks Road. Before the town embark on any of solutions, staff will begin to send out invitations on Facebook and other social media in viting the public to participate. This would be an opportunity to enlighten the public on general traffic concerns as well as invite Public Works and Police Department and the community. The Communications Office is putting together the information and re aching out on social media to all those in the affected area. This meeting will be held on Thursday, February 13, 2020 from 6 p.m. to 7 p.m. at Rattlesnake Ridge Elementary School. He updated Council on the developments on Marana campus related to the Co uncil Chambers, Chamber of Commerce and Visitor Center, Parks & Recreation and the Water Department. PRESENTATIONS Marana Regular Council Meeting 02/18/2020 Page 95 of 185 Regular Council Meeting Summary Minutes 02/04/2020 3 CONSENT AGENDA C1 Resolution No. 2020 -006: Relating to Boards, Commissions, and Committees; appointing a Town of Marana citizen representative to the Tucson-Pima County Bicycle Advisory Committee (Brian D. Varney) C2 Resolution No. 2020-007: Relating to Police Department; authorizing the Chief of Police to apply for grant funding from the Governor’s Office of Highway Safety for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2020-2021 (Kristin Taft) C3 Approval of the January 21, 2020 Regular Council Meeting and the January 14, 2020 Council Study Session Meeting Summary Min utes (Cherry L. Lawson) Council Member Bowen moved and Vice Mayor Post second the motion approving the Consent Agenda as presented. Motion passes 6-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 Resolution No. 2020-008: Relating to Emergency Management; approving the updated Town of Marana Emergency Operations Plan (EOP) (Curry C. Hale) Human Resource Director Curry Hale provided a PowerPoint Presentation related to the Emergency Operations Plan. (A copy of the PowerPoint Presentation is available on the Town’s website and in the Town Clerk’s Office for viewing.) Emergency Operations Plan • Emergency Support Functions (ESFs) • Critical Index Plans • MOUs and IGAs • Emergency Agency Rosters Why an EOP Needed? Required by: • Homeland Security Presidential Directive 5, the Homeland Security Act of 2002 • Arizona Revised Statutes (ARS), Title 26, Chapter 2, Article 1 Purpose of an EOP • Prevention • Preparedness • Recovery Marana Regular Council Meeting 02/18/2020 Page 96 of 185 Regular Council Meeting Summary Minutes 02/04/2020 4 When to Use the EOP • Natural Hazards • Technological Hazards • Human-Caused Hazards Examples of Hazards in Marana o EOP Activations: ▪ July 11, 2018 – Train Derailment, I-10 West & Twin Peaks ▪ September 10, 2014, Hurricane Odile, Santa Cruz River Flood Hazard o Almost EOP Activations: ▪ September 26, 2019 – Tornado Warning Marana, Picture Rocks, and Rillito areas ▪ August 11, 2016 – Levee Break, Flooded out Grier Road Mayor Honea asked whether the Plan covers flooding events as the town has experienced flooding areas in the past. Mr. Hale stated that it does, and listed under natural hazards. Council Member Officer commented on the increased traffic on I-10 and its impact to the community in the last three years. He asked whether the Plan covers traffic related incidents. Mr. Hale stated the Plan covers mass transit disruptions and is part of human-caused hazards. Mayor Honea stated freeway accidents are becoming commonplace, and is becoming an issue. Oftentimes, drivers would exit in Marana including large trucks and becomes a concern for the community. We may have to begin looking into solutions for this situation. Council Member Kai stated Marana Police knows the town best, and suggested having an officer situated at key corners to manage traffic snarls to assist travelers in navigating traffic i ncidents on the highway. Taking this type of action may result in positive publicity for the town. Mr. Mehta stated one thing that we have to do is to review our Emergency Operations Plan is contingent on when an event occurs, as there are several tiers of the Plan. If there is a traffic event that is beyond Marana’s jurisdiction such as a highway incident, then it becomes the control of the Department of Public Safety or state troopers. However, Marana Police are on duty to the extent of having to assist with such incidents as well as deploying the police volunteers to assist with travelers impacted by highway accidents. Council Member Kai moved and Council Member Ziegler second the motion approving Resolution No. 2020-008 approving the Town of Marana Emergency Operations Plan. Motion passes, 6-0. Marana Regular Council Meeting 02/18/2020 Page 97 of 185 Regular Council Meeting Summary Minutes 02/04/2020 5 A2 Resolution No. 2020-009: Relating to Real Property; approving and authorizing the Mayor to sign the Town of Marana Lease Extension with SG Farms L.L.C., for extension of the lease of approximately 22.88 acres of Town -owned property abutting the north boundary of the Marana Wastewater Reclamation Facility (Frank Cassidy) Town Attorney Frank Cassidy provided a brief overview of this item stating the lease is approximately 23 acres of land north of the Marana Wastewater Reclamation Facility, and has had the lease for some time with Chris Sullivan of SG Farms L.L.C. The lease term ends this month, and he has asked for an extension. The agreement a llows for five-year extensions with mutual consent. The only change to the lease agreement amount from $70/acre under the previous lease. Since the previous lease either party to terminate, he suggested that the Town review the lease amount. After some discussion, the lease amount increased to $100/acre per year. The amendment also allows for another five-year extension after this extension, that is, if both parties mutually agrees with the term. Council Member Kai asked how SG Farms would use the property. He asked whether it is for the farming of crops . He asked whether the town has any use for the property at this time. Mr. Cassidy stated SG Farms does plan to from crops on the property. Marana received the property from Pima County as part of a settlement. The County had purchased it as part of the 1,000 ft. setback because of the type of treatment plant they had. Council Member Kai stated the proposed lease amount is a fair amount and it is within range for the property. Mayor Honea asked whether the Town has considered selling the property as the Town has a modern plant asking whether the Town need to land. Mr. Cassidy replied stating it is his belief that the Town is holding on to it for possible expansion that is in the direction of the settlement basin. If the town were to add additional recharge basins, it would go into that direction. Although it may not come forward for many decades, but i t makes sense to retain the property, and to use it for farming purposes. Council Member Kai stated it make sense to have a five -year option. Mr. Cassidy replied stating at the end of the five -year extension term, the Town will review what market rates are at that time , and renegotiate the number. It is the town hope to be able to come away with a mutual agreement amount. Council Member Kai moved and Council Member Bowen second the motion approving Resolution No. 2020-009 approving and authorizing the Mayor to sign a lease extension with SG Farms for the approximately 22.88 acres of Town -owned land north of Marana Wastewater Reclamation Facility. Motion passes, 6-0. ITEMS FOR DISCUSSION / POSSIBLE ACTION Marana Regular Council Meeting 02/18/2020 Page 98 of 185 Regular Council Meeting Summary Minutes 02/04/2020 6 D1 Relating to Mayor and Council; discussion, consideration and possible action regarding the start time for Council meetings (Mayor Honea) Council Member Ziegler provided an overview of her request to have Council consider changing the start time for its meetings. She stated times have changed and Council has long held its meetings at 7:00 p.m., and most municipalities start its meetings at an earlier time. She felt it is time that Council took the same approach by changing its start time to 6:00 p.m. She inquired of an early start time for Council Study Sessions , asking how that affect having a Study Session and a Council Meeting on the same day if changed. Mr. Mehta stated if there is a study session before a regular council meeting, we could have the session to begin at 6:00 p.m., and the council session will start no later than 7 p.m. Council Member Ziegler moved and Vice Mayor Post second the motion moving the start time for regular Council Meetings be changed to 6:00 p.m. Motion passes, 6-0. D2 Relating to Budget; discussion, direction and possible action regarding development of the fiscal year 2020/2021 budget, including proposed budget initiatives and expenditures (Jamsheed Mehta) Mr. Mehta stated as part of the discussion during the last Council Meeting, Council Member Ziegler inquired of the status of the number of employees utilizing the Tuition Reimbursement. As of this date, the Town has not expended any of the funds from that account. Employees who have submitted must first complete the course and obtain a satisfactory grade before funds are disbursed. 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) Mr. Mehta stated that as some of the bills move through the legislature, the Town would update the Council if there were an impact to the Town of Marana. Town staff is cautiously following some of the bills discussed previously such as, HB2404 (Prime Contracting Bill), HB2493 (CFD Bill), SB1133 (Sub Contractor Prompt Pay Bill), SB1305 (FedEx Personal Delivery Devices Bill). He referred to the information provided within the Council Weekly Report. D4 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) Development Services Director Jason Angell provided an update on the development activities within the town. Marana Regular Council Meeting 02/18/2020 Page 99 of 185 Regular Council Meeting Summary Minutes 02/04/2020 7 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 repres entatives, 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). E2 Executive session pursuant to A.R.S. § 38 -431.03(A)(4) for discussion and consultation with and instructions to the Town’s attorneys regarding settlement discussions in the pending litigation Southern Arizona Home Builders Association v. Town of Marana, Pima County Superior Court Case No. C20184411. [7:45 PM: Minutes] Mayor Honea asked for a motion to enter into an executive session for the purpose stated in Item E2. Council Member moved and Council Member second the motion approving Council to enter into an executive session for the purpose stated in Item E2. Motion passes, 6-0. [8:06 PM: Minutes:] Mayor Honea reconvened the meeting. 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 pl aced 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. Vice Mayor Post, moved and Council Member Officer second the motion to adjo urn the meeting. Motion passes, 6-0. Meeting adjourned at 8:07 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct mi nutes of the Marana Town Council meeting held on February 4, 2020. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Marana Regular Council Meeting 02/18/2020 Page 100 of 185      Council-Regular Meeting   L1        Meeting Date:02/18/2020   To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Nolette Hernandez, Records Clerk Date:February 18, 2020 Strategic Plan Focus Area: Not Applicable Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #012 Restaurant liquor license submitted by Kevin Arnold Kramber on behalf of Bisbee Breakfast Club, located at 13864 N. Sandario Rd., Marana, AZ 85653 (Cherry L. Lawson) Discussion: This application is for a series #012 Restaurant liquor license at Bisbee Breakfast Club, 13864 N. Sandario Rd., Marana, AZ 85653.    Pursuant to state law, the application was posted at the premises where the business is to be conducted.  The posted notice provided that residents within a one-mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk’s Office within 20 days of the posting.  Any written arguments received by the Clerk’s Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC).   Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business.  Additionally, the Marana Police Department has conducted a local background check.    The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application.  Pursuant to state statute, a Marana Regular Council Meeting 02/18/2020 Page 101 of 185 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 series #012 Restaurant liquor license application submitted by Kevin Arnold Kramber on behalf of Bisbee Breakfast Club, located at 13864 N. Sandario Rd., Marana, AZ 85653.   OPTION 2:    I move to adopt and submit to the DLLC an order recommending disapproval of a new series #012 Restaurant liquor license application submitted by Kevin Arnold Kramber on behalf of Bisbee Breakfast Club, located at 13864 N. Sandario Rd., Marana, AZ 8563. Attachments Application Affidavit of Posting Local Governing Body Recommendation Descriptions of Common Types of Liquor Licenses Marana Regular Council Meeting 02/18/2020 Page 102 of 185 Marana Regular Council Meeting 02/18/2020 Page 103 of 185 Marana Regular Council Meeting 02/18/2020 Page 104 of 185 Marana Regular Council Meeting 02/18/2020 Page 105 of 185 Marana Regular Council Meeting 02/18/2020 Page 106 of 185 Marana Regular Council Meeting 02/18/2020 Page 107 of 185 Marana Regular Council Meeting 02/18/2020 Page 108 of 185 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 02/18/2020 Page 109 of 185 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 4 Wholesaler This non-transferable liquor license allows a wholesaler to warehouse, sell and distribute all types of spirituous liquor (beer, wine, distilled spirits) to Arizona -licensed retailers. 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 c ontainer 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 spiri tuous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed container s 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 devi ce 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 be er and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4 - 206.01.F. states that after January 1, 2011, the off -sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than th e time of delivery. Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premis es. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unl imited sampling privileges by completing the Sampling Privileges form. Marana Regular Council Meeting 02/18/2020 Page 110 of 185 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} 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 li quor 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 p remises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non -transferable, on -sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Regular Council Meeting 02/18/2020 Page 111 of 185      Council-Regular Meeting   L2        Meeting Date:02/18/2020   To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Suzanne Sutherland, Executive Assistant to the Town Clerk Date:February 18, 2020 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 #010 Beer and Wine Store liquor license application submitted by Lauren Heather Trattner on behalf of Dollar General Store #20680, located at 12059 W. Clark Farms Boulevard, Marana, Arizona 85653 (Cherry L. Lawson) Discussion: This application is for a series #010 Beer and Wine Store liquor license at 12059 W. Clark Farms Boulevard, Marana, Arizona 85653.   Pursuant to state law, the application was posted at the premises where the business is to be conducted.  The posted notice provided that residents within a one-mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk’s Office within 20 days of the posting.  Any written arguments received by the Clerk’s Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC).   Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business.  Additionally, the Marana Police Department has conducted a local background check.    The Town Council must enter an order recommending approval or disapproval of the Marana Regular Council Meeting 02/18/2020 Page 112 of 185 application within 60 days after filing of the application.  Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and “in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the 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 series #010 Beer and Wine Store liquor license application submitted by Lauren Heather Trattner on behalf of Dollar General Store #20680, located at 12059 W. Clark Farms Boulevard, Marana, Arizona 85653.    OPTION 2:    I move to adopt and submit to the DLLC an order recommending disapproval of a new series #010 Beer and Wine Store liquor license application submitted by Lauren Heather Trattner on behalf of Dollar General Store #20680, located at 12059 W. Clark Farms Boulevard, Marana, Arizona 85653. Attachments Application Affidavit of Posting Local Governing Body Recommendation Descriptions of Common Types of Liquor Licenses Marana Regular Council Meeting 02/18/2020 Page 113 of 185 •• Phone: Alt. Phone: Email: State of Arizona Department of Liquor Licenses and Control Created 01/03/2020 @ 02:54:27 PM Local Governing Body Report LICENSE Number: Name: State: Issue Date: Type: DOLLAR GENERAL STORE #20680 Pending Expiration Date: Original Issue Date: Location:12059 W CLARK FARMS BOULEVARD MARANA, AZ 85653 USA Mailing Address: USA 010 BEER AND WINE STORE AGENT Name:LAUREN HEATHER TRATTNER Gender:Female Correspondence Address: Phone: Alt. Phone: Email: USA OWNER Page 1 of 7 Marana Regular Council Meeting 02/18/2020 Page 114 of 185 Name:'RETAILLLC Contact Name: SEVERAL - SEE CASE NOTES Type:LIMITED LIABILITY COMPANY AZ CC File Number: R12264236 State of Incorporation: TN Incorporation Date: 09/01/2005 Correspondence Address: USA Phone: Alt. Phone: Email: Officers / Stockholders Name: DO PROMOTIONS INC JASON SCOTT REISER LAWRENCE JOSEPH GATTA JR. Name: Gender: Correspondence Address: Phone: Alt. Phone: Email: • Title: Member,Stockholder CMO, Sec VP DG PROMOTIONS INC - CEO STEVEN RAY DECKARD Male USA DG RETAIL LLC - VP Name:LAWRENCE JOSEPH GATTA JR. Gender:Male Correspondence Address: USA Phone: Alt. Phone: Email: Name: Contact Name: Type: AZ CC File Number: Incorporation Date: Correspondence Address: USA Phone: All. Phone: Email: % Interest: 100.00 DG RETAIL LLC -Member,Stockholder DG PROMOTIONS INC MICHELLE VALENZUELA CORPORATION State of Incorporation: Page 2 o17 Marana Regular Council Meeting 02/18/2020 Page 115 of 185 DG PROMOTIONS INC - Stockholl Name:DOLLAR GENERAL CORPORATION Contact Name:MICHELLE VALENZUELA Type:CORPORATION AZ CC File Number:State of Incorporation: Incorporation Date: Correspondence Address: USA Phone: Alt. Phone: Email: DG PROMOTIONS INC - CMO,Sec DG RETAIL LLC - CMO,Sec Name:JASON SCOTT REISER Gender:Male Correspondence Address: USA Phone: Alt. Phone: Email: MANAGERS Name:ASHLEE DAWN THRELKELD Gender:Female Correspondence Address: USA Phone: Alt. Phone: Email: Name:ROSEMARY Y MANDELT Gender:Female Correspondence Address: USA Phone: Alt. Phone: Email: Page 3 of 7 Marana Regular Council Meeting 02/18/2020 Page 116 of 185 •****:,;**************-A-***********************A ......A A********* Name:SAMMY DEE SPOO Gender:Male Correspondence Address: USA Phone: Alt. Phone: Email: ******************************************************** Name:DAVID MCARTHUR BRACKEN Gender:Male Correspondence Address: USA Phone: Alt. Phone: Email: ******************************************************** Name:CHRISTIE JOANNE FORD Gender:Female Correspondence Address: USA Phone: Alt. Phone: Email: * * * * ** * ** * * * * * * * * ** ** * * * * * * * * * * * * * * * * * ** * * * * ** Name:DEBBIE ELOISE CHEEK Gender:Female Correspondence Address: USA Phone: Alt. Phone: Email: Page 4 of 7 Marana Regular Council Meeting 02/18/2020 Page 117 of 185 ........A**************************************Tc************* Name:WILLIAM HENRY CONLEY Gender:Male Correspondence Address: USA Phone: Alt. Phone: Email: ******************************************************** Name:KATHRYN ANN KELLIHER Gender:Female Correspondence Address: USA Phone: Alt. Phone: Email: ****:,:*** Name:THOMAS STEVEN RE1SSIG Gender:Male Correspondence Address: USA Phone: Alt. Phone: Email: *************************;,:****************************** Name:CRYSTAL LYNN MICHEL Gender:Female Correspondence Address: USA Phone: Alt. Phone: Email: Page 5 of 7 Marana Regular Council Meeting 02/18/2020 Page 118 of 185 •******************************************************** Phone: Alt. Phone: Email: Name:VIRGINIA DIANE LUCHI Gender:Female Correspondence Address: USA Phone: Alt. Phone: Email: ******************************************************** Name:THOMAS EDWARD BENNING Gender:Male Correspondence Address: USA APPLICATION INFORMATION Application Number: 91535 Application Type: New Application Created Date:01/03/2020 QUESTIONS & ANSWERS 010 Beer and Wine Store 1) If you intend to operate the business while your application is pending you will need an interim permit pursuant to A.R.S.§4-203.01. Would you like to apply for an Interim Permit? If yes, after completing this application, please go back to your Licensing screen, under New License Application choose "Interim Permit" from the drop -down window. No 2)Have you submitted a questionnaire? Each person listed must submit a questionnaire and mail in a fingerprint card along with a $22. processing fee per card. Yes 3)Please provide name, address, and Distance of nearest school. GLADDEN FARMS ELEMENTARY -4096 FEET 11745 W GLADDEN FARMS DRIVE, MARANA, AZ 85653 4)Please provide name, address, and distance of nearest church. SAINT CHRISTOPHER CATHOLIC PARISH -1669 FEET 12101 W MOORE ROAD, MARANA, AZ 85653 5)Are you a tenant? (A person who holds the lease of a property; a lessee) Yes A Document of type LEASE is required. Page 6 of 7 Marana Regular Council Meeting 02/18/2020 Page 119 of 185 6) Is there a penalty if lease is not fulfilled? Yes What is the penalty? EVICTION 7) Are you a sub -tenant? (A person who holds a lease which was given to another person (tenant) for all or part of a property) No 8) Are you the owner? No 9) Are you a purchaser? No 10)Are you a management company? No 11) Is the Business located within the incorporated limits of the city or town of which it is located? Yes 12) What is the total money borrowed for the business not including the lease? Please list lenders/people owed money for the business. $0 13)Have you provided a diagram of your premises? Yes 14)Is there a drive through window on the premises? No 15) If there is a patio please indicate contiguous or non-contiguous within 30 feet. NO 16)Is your licensed premises now closed due to construction, renovation or redesign or rebuild? Yes If yes, what is your estimated completion date? 1/12/2020 Page 7 of 7 Marana Regular Council Meeting 02/18/2020 Page 120 of 185 Marana Regular Council Meeting 02/18/2020 Page 121 of 185 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 02/18/2020 Page 122 of 185 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4 -206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 li cense may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on - & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provide d for the bar. Payment must be made no later than the time of delivery. Marana Regular Council Meeting 02/18/2020 Page 123 of 185 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, thi s liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from th e premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (li quor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its regi stered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Regular Council Meeting 02/18/2020 Page 124 of 185      Council-Regular Meeting   B1        Meeting Date:02/18/2020   To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:February 18, 2020 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Community: Principal Statement 1 : We will maintain and enhance our reputation as a safe and well-planned community. Initiative #6. Explore and research innovative community planning ideas for incorporation into processes, procedures and codes. Subject:Resolution No. 2020-015: Relating to Boards, Commissions and Committees, making an appointment to the Town of Marana Board of Adjustment (Cherry L. Lawson) Discussion: There are a total of three (3) positions on the Board of Adjustment that seeks to be filled.  One of which was vacated by Robert Palazzolo who resigned his seat with a term ending 2/29/2020.  The remaining two positions terms also end on 2/29/2020.  The applicant seeking to be reappointed has submitted his application of interest for Council to consider extending his term by an additional four years, ending 02/29/2024.  A public notice seeking applications was published in the Daily Territorial on January 10, 2020, as well as posted on the Town's website on January 8, 2020.  One application was submitted by Warren Hatcher, who currently serves on the Board of Adjustment seeking reappointment.  The town seeks to fill all three vacancies on this Board. On January 28, 2020, Town Clerk Cherry Lawson sent an email to the Council Committee for Appointments to the Planning Commission and Board of Adjustment, asking if any member desired to interview the applicant for one of the three open positions prior to taking the applications to Council for approval.  No request was made, and staff is forwarding the application to Council for review on tonight's agenda. Marana Regular Council Meeting 02/18/2020 Page 125 of 185 At tonight's meeting, the Town Council may do one or more of the following:  1. Interview one or more applicants either in public or in an executive session scheduled for that purpose. 2. Make one or more appointments. 3. Order the solicitation of additional applications. 4. Tale any other action it deems appropriate. Staff Recommendation: Council pleasure. Suggested Motion: I move to adopt Resolution No. 2020-015, reappointing Warren Hatcher to the Town of Marana Board of Adjustment with a term expiring February 29, 2024. Attachments Resolution No. 2020-015 Hatcher, Warren Applicatioon, Board of Adjustment Marana Regular Council Meeting 02/18/2020 Page 126 of 185 Marana Resolution No. 20 20-015 MARANA RESOLUTION NO. 2020-015 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; MAKING AN APPOINTMENT TO THE TOWN OF MARANA BOARD OF ADJUSTMENT WHEREAS Marana Land Development Code Section 17-2-2 establishes the procedure for making appointments to the Bo ard of Adjustment and sets the term for each Board member at four years; and WHEREAS the terms of two members of the Board of Adjustment expire on February 29, 2020, and another member of the Board resigned before completing his term ending February 29, 2020; and WHEREAS the Mayor and Council have reviewed an application for one of the vacancies; and WHEREAS the Mayor and Council find that the appointment addressed by this resolution is in the best interest of the Town and its citizens . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that Warren Hatcher is hereby appointed to the Board of Adjustment with a term expiring February 29, 2024. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of February, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 02/18/2020 Page 127 of 185 Board and Commission Application Town of Marana Submitted On: January 20th, 2020 @ 4:57pm Board or Commission Board of Adjustment Please upload your resume here.https://seam.y/kdT4ve0Y First Name Warren Last Name Hatcher Email Full Address Tucson AZ How many years have you lived at this address? 20 How many years have you lived in Marana? 20 Phone Number (Daytime) Phone Number (cell or home) Occupation Ret red; program manager, engneer, S x S gma B ack Bet, renta property manager. Tmber farmer. Employer Ret red from Raytheon and Texas Instruments What is your vision for the Town?I hope for Marana to be a de ghtfu, attract ve pace to ve and work, and to f t we nto the mpressve env ronment that we occupy. We have many assets, ncudng resdents, those who work here, empoyers, prox m ty to hghways, ra and ar transportat on, scenc beauty, and a rch hertage. We shoud use these assets we to benef t our resdents and busnesses, P ma County, the state of Arzona and the Unted States. What are some of the most important concerns or issues that you think the Town will have to face in the next 5 - 10 years? Managng growth to get max mum benef t of a our assets. What do you see as the Town's best asset to bring visitors and new residents to the Town? Easy access to Interstate hghways, the Tucson and Phoenx arports, Mex co, other US states, and capabe v sonary Town eaders who can gude our efforts to use these assets wsey. Please explain your professional background E ectrca engneerng, management of arge government programs deveoped nsght n evauat ng opt ons and makng sound decsons. S x S gma and Reengneerng experence deveoped expert se to ead process and product mprovement. Renta property management and t mber farm ng to add dverse sk s and experence. Describe your experience working with a Council-appointed board or commission I have served two terms on the Marana Board of Adjustment. It has gven me nsght nto the expert eadershp of the town and the proper workngs of Counc -apponted boards. Marana Regular Council Meeting 02/18/2020 Page 128 of 185 Describe a time when you had to stand firm and make a tough or unpopular decision Hepng to manage ayoffs n dff cut econom c t mes was dff cut for me and others n my company, but were necessary for the heath of the company and the benef t of empoyees who remaned. Mov ng a major program from Da as to Tucson n the roe of program manager was cha engng to baance the needs of the company, the customer, and empoyees. If appointed by the Council you will be representing all of the Town of Marana in your decisions. Describe how you will maintain your objectivity in making decisions for locations other than your own residence. The Town of Marana must surv ve and thrve as a compete communty. The v ab ty of a neghborhoods and busnesses s requred for the Town to thrve. Full Name Dav d Bowen Full Address Marana AZ Relationship frend and former fe ow church member Phone Number Full Name James Jones Full Address Marana AZ Relationship fe ow deacon and church member Phone Number Phone Number Name of Business None Person with Interest N/A Type of Interest N/A Additional Information Have any of the above businesses conducted any business (e.g. supplier of goods or services, contractor, consultant) with the Town of Marana in the past 24 months? No If Yes, please explain Marana Regular Council Meeting 02/18/2020 Page 129 of 185 Are you, a relative, or any member of your household an employee of the Town of Marana? No If Yes, please explain List by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct economic interest such as a partnership, joint venture or similar business relationship.a? None Signature Data F rst Name: Warren Last Name: Hatcher Ema Address: S gned at: 01/20/2020 02:47PM Full Date 1 20 2020 Marana Regular Council Meeting 02/18/2020 Page 130 of 185    Council-Regular Meeting   A1        Meeting Date:02/18/2020   To:Mayor and Council From:Frank Cassidy, Town Attorney Date:February 18, 2020 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2020-016: Relating to Utilities; approving and authorizing the Mayor to sign a Transfer Agreement, selling the Marana Water Department's Falstaff well and related water system and assets to the DeAnza Domestic Water Improvement District (Frank Cassidy) Discussion: Acting on an application filed by property owners in the unincorporated county island located near the Avra Valley Road interchange, Pima County approved the formation of the DeAnza Domestic Water Improvement District (DeAnza DWID) in 2018, to provide potable water service to the area. The Town of Marana's Falstaff well and related assets are adjacent to and its connected water system is within the DeAnza DWID. The Falstaff well and related water system and assets were part of the potable water system acquired by the Town of Marana from Cortaro-Marana Irrigation District in 1997. The Falstaff well and related water system and assets currently serves only one customer, and includes a well and small reservoir on the north side of Avra Valley Road, about 1,000 feet west of the interchange. The well exceeds the health advisories set by the United States Environmental Protection Agency for 1,4-dioxane and perfluorinated compounds, and is not programed for water quality improvements. The land owned by the unincorporated county property owners who sought formation of the DeAnza DWID is subject to a 2008 development agreement with Pima County that requires payment of a 2% environmental enhancement contribution for all retail activities in the area. The development agreement purports to survive annexation, and requires payment of the contribution to Pima County in the event of annexation. The property owners sought water service from the Town of Marana, but Town staff indicated that it would not recommend Council waiver of the policy requiring property to be annexed as a condition of water service. The property owners were not willing to seek annexation unless the Town transferred its sales taxes to Pima County to cover the Marana Regular Council Meeting 02/18/2020 Page 131 of 185 2% environmental enhancement contribution. Town staff was not willing to recommend annexation on those terms. Formation of the DeAnza DWID occurred as a result of the impasse. Maintaining and operating the Falstaff well and related water system and assets is a drain on the Marana Water Department's resources, and will be even more of a drain on resources if emerging compounds are addressed. The DeAnza DWID has offered to purchase the Falstaff well and related water system and assets for $24,000. Financial Impact: Fiscal Year:2020 Budgeted Y/N:N Amount:$24,000 (revenue) If approved, the Transfer Agreement will result in the sale of the Falstaff well and related water system and assets for $24,000. In addition, it will eliminate the Water Department's operating costs associated with operating and maintaining the Falstaff well and related water system and assets, which are currently serving only one customer. Staff Recommendation: Staff recommends adoption of Resolution No. 2020-016, approving and authorizing the Mayor to sign a Transfer Agreement, selling the Marana Water Department's Falstaff well and related water system and assets to the DeAnza Domestic Water Improvement District. Suggested Motion: I move to adopt Resolution No. 2020-016, approving and authorizing the Mayor to sign a Transfer Agreement, selling the Marana Water Department's Falstaff well and related water system and assets to the DeAnza Domestic Water Improvement District. Attachments Resolution No. 2020-016 Falstaff Transfer Agt DeAnza signed Marana Regular Council Meeting 02/18/2020 Page 132 of 185 00067920.DOCX /1 Marana Resolution No. 20 20 -016 - 1 - 1/17/2020 4:40 PM MARANA RESOLUTION NO. 2020-016 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR T O SIGN A TRANSFER AGREEMENT, SELLING THE MARANA WATER DEPARTMENT’S FALSTAFF WELL AND RELATED WATER SYSTEM AND ASSETS TO THE DEANZA DOMESTIC WATER IMPROVEMENT DISTRICT WHEREAS the Town of Marana’s Falstaff Water Service Area (the “Falstaff Area”) consists of all properties historically served by the Town from the Fa lstaff Well, located north of Avra Valley Road less than a quarter mile west of the Avra Valley/Interstate 10 traffic interchange; and WHEREAS the Town currently provides water service to one customer in the Falstaff Area; and WHEREAS the Falstaff Area is not connected to any other part of the Town’s potable water utility; and WHEREAS the Town’s potable water mains closest to the Falstaff Area are about 6,000 feet southeast near the intersection of Casa Grande Highway and Tiffany Loop, more than 4,000 feet south in Continental Ranch (across the Santa Cruz River), about 3,400 feet southwest in Silverbell Road (across the Santa Cruz and behind a rocky ridge 200 feet in elevation above Silverbell Road), and in Happy Acres (more than a mile west, on the south si de of Avra Valley Road across the Santa Cruz River); and WHEREAS the Town’s water quality testing in the Falstaff Area has detected unregulated 1,4-dioxane and perfluourinated compounds at levels higher than the health advisories issued by the United State s Environmental Protection Agency; and WHEREAS providing water service in the Falstaff Area is costly and burdensome to the Town; and WHEREAS the District is in close proximity to the Falstaff Area and is willing to assume the water service obligations wit hin the Falstaff Area pursuant to the terms of a Transfer Agreement negotiated by Town staff and District staff; and WHEREAS the Town desires to sell, and the District desires to acquire, the Town’s water utility assets consisting of and associated with t he Falstaff Area under the terms set forth in the Transfer Agreement; and WHEREAS the Mayor and Council find that entering into the Transfer Agreement is in the best interest of the Town. Marana Regular Council Meeting 02/18/2020 Page 133 of 185 00067920.DOCX /1 Marana Resolution No. 20 20 -016 - 2 - 1/17/2020 4:40 PM NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Transfer Agreement between the Town of Marana and the DeAnza Domestic Water Improvement District in substantially the form included with the agenda backup material accompanying this resolution is hereby approved, the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana, and the Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out its terms, obligations, and o bjectives. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of February, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 02/18/2020 Page 134 of 185 TRANSFER AGREEMENT This TRANSFER AGREEMENT (this "Agreement'') is entered into by and between the TOWN OF MARANA (the "Town"), an Arizona municipal corporation, and the DEANZA DOMESTIC WATER IMPROVEMENT DISTRICT OF PIMA COUNTY, ARIZONA (the "Disb·ict"), a political subdivision of the State of Arizona. The Town and the District are each sometimes individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS A. The Falstaff Water Service Area (the "Falstaff Area") consists of all properties historically served by the Town from the Falstaff Welt located on the Falstaff Well Site, the real property legally described in Exhibit B. B. The Town currently provides water service to one customer in the Falstaff Area. C. The Falstaff Area is not connected to any other part of the Town's potable water utility. D. The Town's potable water mains closest to the Falstaff Area are about 6,000 feet southeast near the intersection of CasaGrande Highway and Tiffany Loop, more than 4,000 feet south in Continental Ranch (across the Santa Cruz River), about 3AOO feet southwest in Silverbell Road (across the Santa Cruz and behind a rocky ridge 200 feet in elevation above Silverbell Road), and in Happy Acres (more than a mile west on the south side of Avra Valley Road across the Santa Cruz River). E. The Town's water quality testing in the Falstaff Area has detected umegulated 1A-dioxane and perfluourinated compounds at levels higher than the health advisories issued by the United States Environmental Protection Agency. F. Providing water service in the Falstaff Area is costly and burdensome to the Town. G. The District is in close proximity to the Falstaff Area is willing to assume the water service obligations within the Falstaff Area currently provided by the Town so long as the Falstaff Welt storage and distribution system, service area rights related to the system, and real property interests used to provide water in the Falstaff Area are transferred to the District. H. The Town desires to selt and the District desires to acquire, the Town's water utility assets consisting of and associated with the Falstaff Area under the terms set forth in this Agreement. 1 Marana Regular Council Meeting 02/18/2020 Page 135 of 185 AGREEMENT Now, 1HEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: 1. Transfer and Sale of Assets 1.1. Assets to be Acquired. The Town agrees to convey to the District, and the District agrees to acquire from the Town, all of the Town's right, title and interest in and to all of the assets owned or controlled by the Town used to provide potable water service in the Falstaff Area C Assets"), which are described in Exhibit A 1.2. Excluded Assets. The Town shall not h·ansfer the SCADA and telemetry panel currently used for the Falstaff Area, and shall not transfer the Town's funds, accounts, financial records, or other data not expressly set forth in tl1is Agreement. 1.3. Assumed Liabilities. After Closing, the Dish·ict shall assume, perform, and discharge the Town's obligations regarding water service in the Falstaff Area. 1.4. Governmental Approvals; Conditions to Closing. The Town shall diligently undertake any proceeding to relinquish its interests in the Falstaff Area as a water provider, and the Dish·ict shall reasonably cooperate with the Town in any such proceeding. The Town shall cooperate with the District to obtain any necessary approvals from any other governmental authority whose approval may be necessary to transfer the Assets to the District. 2. Closing and Payment 2.1. Closing. The completion of the Town's transfer of the Assets to the District ("Closing") will take place no later than 90 days after this Agreement is signed by both Parties. 2.2. Payment. The District will pay the Town $24,000, payable in cash or cash equivalent, at Closing. 2.3. Transfer of Title. At Closing, title to, possession of, and risk of loss of all of the Assets shall pass to the Dish·ict. The Town has all risk of loss prior to Closing. 3. Representations and Warranties of the Town. 3.1. Town Authorization. The Town represents: 3.1.1. The Town has the authority to enter into and perform and consummate the transactions contemplated by this Agreement; 3.1.2. The Town has properly authorized the execution and performance of this Agreement; 3.1.3. This Agreement is a valid and binding obligation of the Town; and 3.1.4. Except as stated in this Agreement, no third party approval is necessary or required to transfer the Assets to the District. 2 Marana Regular Council Meeting 02/18/2020 Page 136 of 185 3.1.5. The Town is not obligated to pay any fee to any broker or other intermediary in com1ection with the transactions contemplated by this Agreement. 3.2. Title and Condition of Assets. At Closing, the Town will convey good and marketable title to each of the Assets to the District. 3.3. Condition of Assets. The Assets are being h·ansferred as is. 3.4. Litigation; Disputes. The Town is a co-plaintiff in City of Tucson and Town of Marana v. 3M Company et al., originally filed as Pima County Superior Court case number C20185523 and now consolidated as part of In re: Aqueous Film-Forming Foams Products Liability Litigation, United States District Court for the Dish·ict of South Carolina Charleston Division, Multidistrict Litigation (MDL) No. 2873 (the "AFFF Litigation"), which seeks compensation for the Town's current and anticipated costs to remediate unregulated perfluorinated compounds in the Town's potable water. Except for the AFFF Litigation, to the best of the Town's knowledge, there are no claims, disputes, actions, suits, investigations or proceedings pending or threatened against or affecting the Town or the Assets, and there is no basis for any such claim, dispute, action, suit, investigation, or proceeding. 3.5. Compliance with Applicable Law. With respect to the Assets, to the best of the Town's knowledge, the Town is in full compliance with applicable federal, state and local laws (including common law), permits, judgments, orders, or decrees, including without limitation any of the foregoing relating in any manner to safe drinking water, the protection of human health or the environment, public health and safety, or employee health and safety. Notwithstanding the foregoing, the Town's water quality testing in the Falstaff Area has detected unregulated 1,4-dioxane and perfluourinated compounds at levels higher than the health advisories issued by the United States Environmental Protection Agency. 4. Representations and Warranties of the District. 4.1. Dish·ict Authorization. The District represents: 4.1.1. The District has the authority to enter into and perform this Agreement and to consummate the h·ansactions contemplated by this Agreement; 4.1.2. The District has properly authorized the execution and performance of this Agreement; 4.1.3. This Agreement is a valid and binding obligation of the District; and 4.1.4. The District is not obligated to pay any fee or commission to any broker or other intermediary in connection with the transactions contemplated by this Agreement. 3 Marana Regular Council Meeting 02/18/2020 Page 137 of 185 5. Covenants. 5.1. Administration of Receivables. The Parties agree that the Town shall receive and be responsible for all income and expenses on or before Closing and the District shall receive and be responsible for all income and expenses from and after Closing. 5.2. Tax and Other Matters. The Town shall pay all taxes and costs relating to the Assets accruing on or before Closing and the District shall pay any applicable taxes and costs relating to the Assets for the period after Closing. 5.3. Employees of the Town. The Town shall retain and perform any and all monetary and other obligations to employees incurred prior to Closing. 5.4. Further Assurances. From time to time after Closing, the Town will, at its own expense, execute and deliver such documents to the Dish·ict as the Dish·ict may reasonably request, and the District will, at its own expense, execute and deliver such documents to the Town as the Town may reasonably request, in order to more effectively consummate the transactions contemplated by this Agreement. 6. Closing Costs, Buyer Investigation, and Closing Requirements 6.1. TheDish·ict's Investigation Contingency. From the date this Agreement is signed by both Parties to Closing, the Dish·ict shall have the right to investigate and inspect the Assets upon reasonable request to the Town and to cancel this Agreement without penalty. 6.2. Closing Costs. All Closing costs, if any, will be paid by the Dish·ict. 6.3. Town Deliverables. At Closing, the Town shall deliver to the District the Town's fully executed: 6.3.1. Quit claim deed to the Falstaff Well Site; 6.3.2. Bill of sale with respect to the non-realty Assets in substantially the form attached as Exhibit 3; 6.3.3. All other documents contemplated by this Agreement or required by law to be executed and delivered by the Town; 6.3.4. Any and all meter advance credits for the Falstaff Area; and 6.3.5. All current and past customers' account information for the Falstaff Area. 7. Miscellaneous. 7.1. Customer deposits. Upon Closing, and upon customer payment of the final billed amount, the Town will refund customer deposits to the applicable customer. 7.2. Survival of Representations and Warranties, Covenants and Indemnities. All representations and warranties contained in this Agreement shall survive Closing and remain in full force and effect in accordance with the terms of this Agreement. 4 Marana Regular Council Meeting 02/18/2020 Page 138 of 185 7.3. Expenses. Each Party shall pay its own costs and expenses relating to this Agreement. 7.4. Amendment. This Agreement shall not be amended or modified except by a writing duly executed by the Town and the District. 7.5. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to the subject matter of this Agreement and supersedes all prior agreements and negotiations. 7.6. Notices. All notices regarding this Agreement shall be in writing and shall be given by either (a) personal delivery, (b) prepaid certified mail, or (c) email as setforth below: If to the Dish·ict: If to the Town: With a copy to: DEANZA DOMESTIC WATER IMPROVEMENT DISTRICT OF PIMA COUNTY, ARIZONA cj o Jenifer L. Darn, Administrative Manager 340 N. Main Ave. Tucson, AZ 85701 Email: I enifer@StubbsSchubart.com Jamsheed Mehta, Town Manager TOWN OF MARANA 11555 W. Civic Center Dr. Marana, AZ 85653 Email: jmehta@maranaaz.gov Frank Cassidy, Town Attorney TOWN OF MARANA 11555 W. Civic Center Dr. Marana, AZ 85653 Email: fcassidy@maranaaz.gov Such addresses may be changed, from time to time, by means of a notice given in the mmmer provided in this paragraph 7.6. 7.7. Severability. A legally binding determination that any provision of this Agreement is invalid or unenforceable shall not affect the remainder of this Agreement. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 7.8. Waiver. A Party's waiver of any provision of this Agreement shall only be effective if in writing and shall not be construed as a waiver of any other provision of this Agreement. 7.9. Assignment. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party, which it may withhold in its absolute discretion. Except as limited in the proceeding sentence, this Agreement 5 Marana Regular Council Meeting 02/18/2020 Page 139 of 185 shall be binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, successors and assigns. 7.10. Counterparts. This Agreement may be signed in any number of counterparts, and all such counterparts together shall be deemed an original of this Agreement. 7.11. Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. 7 .12. Exhibits. Exhibits referred to in this Agreement are hereby incorporated into and made part of this Agreement. 7 .13. Interpretation. In interpre ting any provision of this Agreement, no presumption shall be drawn against the Party drafting the provision. 7.14. Attorneys' Fe es. The prevailing Party in any action arising out of this Agreement shall be entitled to r ecover its costs, expenses and reasonable attorneys' fees incurre d in conne ction with the dispute from the losing Party. 7.15 . Cancellation. This Agreement is subject to cancellation by the Town or the District pursuant to the provisions of A.R.S . § 38-511. IN WITNE SS WHER EOF, the Parties have executed this Agreement as of the last Party's signature date below. TOWN OF MARANA DEANZA DOMESTIC WATER By: ____________ _ Ed Honea, Mayor Date: ATTEST: IMPROVEMENT DISTRICT OF PIMA ~:: By:~~ 11-\oM.a .3 H . Pal~vlfl ..5 Its: C.J.,ai f ma."" /.Pr.t 1rid €.0- Date: tl 2J.[ J l,O l-0 ATTEST: Cherry L. Lawson, Town Clerk INTERGOVERNMENTAL AGREE The foregoing Agreement between the TOWN OF MARAN A and the DEANZ A DOMESTIC WATER IMPROVEMENT DISTRICT OF PIMA COUNTY, ARIZONA has been reviewed pursuant to A.R.S . § 11-952 by the undersigned, who have determined that it is in proper form and is 6 Marana Regular Council Meeting 02/18/2020 Page 140 of 185 within the powers and authority granted under the laws of the State of Arizona to the Party to this Agreement represented by the undersigned. TOWN OF MARANA: DEANZA DOMESTIC WATER Frank Cassidy, Town Attorney Date: IMPROVEMENT DISTRICT OF PIMA COUNTY, ARIZONA: Steve Wene, Attorney for the District Date: I/? 1/tOl 0 LIST OF EXHIBITS Exhibit A Description of the "Assets" Exhibit B Legal description of the site containing the Falstaff Well (the real property included in the Assets) Exhibit C Form of Bill of Sale 7 Marana Regular Council Meeting 02/18/2020 Page 141 of 185 EXHIBIT A: TOWN "ASSETS" BEING CONVEYED TO THE DISTRICT 1. All Town water system infrastructure in the Falstaff Area including those listed in the table below. 2. All Town operational, maintenance, and technical data and information for Town water system infrastructure in the Falstaff Area. 3. Intangible assets related to potable water delivery in the Falstaff Area. 4. All specifications, plans, and drawings for Town water system infrastructure in the Falstaff Area. 5. Water service data for the Falstaff Area. 6. All Town customer lists, financial, and other books and records for the Falstaff Area. 7. All rights, permits, warranties, representations, guarantees, and service contacts made by suppliers, manufacturers and contractors for Town water system infrash·ucture in the Falstaff Area. 8. The Town real property described in Exhibit B 9. Copies of Falstaff Area customer account records 10. Copies of all regulatory records regarding the Falstaff Area. Asset Area Asset Name Description Number Comment Site Land 60'X70' 4200ft2 Pima County Parcel 226-01-0300 Fencing Feet offencing 260ft Chain Link Gates Vehicle Gate 1 Man Gate 1 Awnings Chlorinator shade 1 Power Electical Panel/ well/booster panel control panels 1 1 Reservoir 10,000 Gallon 1 Not in use, requires repair Disinfection Chemical Dosing pump and tubing Liquid Chlorine pump 1 In Rack Chlorine Reservoir 5 gallon 1 Chlorinator for HTH 1Sieeve 1 Not in use Hydrotank Hydrotank 1500Gallon 2 Old Hydrotank 1000Gallon 2 Not in use, requires repair Pressure indicator 1 Level Indicator 1 Well Pump Grundfoss 40550-15 1 15 stage bowl assembly Pump Motor Grundfoss MS4000 1 5 hp, 240 volt, 3 phase Casing 288ft Discharge Meter 2" 1 Vent Tube 1" Vent tube 1 Check valve 2" Check Valve 1 Boosters Booster station motors with pumps 2 Berkely pumps, 3hp? 1 \ 8 I Marana Regular Council Meeting 02/18/2020 Page 142 of 185 EXHIBIT B: LEGAL DESCRIPTION OFF ALSTAFF WELL SITE PARCELl: (Well No. 8.1, ADWR No. 55-604845) That portion of the Southwest quarter of the Northeast quarter of the Southeast quarter of Section 8, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at a point on the North right-of-way line of Avra Valley Road (as established by Proceedings No. 760-A of the Board of Supervisors of Pima County, State of Arizona) the map of which is filed in the Office of the County Recorder of Pima County, State of Arizona in Book 6 of Roads at Page 43 thereof, which point is 383.5 feet Westerly (South 89 degrees 48 minutes 14 seconds West} from the intersection of said North right-of-way line of Avra Valley Road with the East line of said Section 8 and which point in the most Easterly comer of that property described in Docket Book 1799 at Page 227 thereof. THENCE North 39 degrees 11 minutes 15 seconds West along the Northeasterly line of said property described in Book 1799 at Page 227, a distance of 56.3 feet t a point; THENCE North 54 degrees 02 minutes 30 seconds West along the Northeasterly line of the property described in Book 1799 at Page 227, a distance of 450.00 feet to the TRUE POINT OF BEGINNING; THENCE South 35 degrees 57 minutes 30 seconds West, a distance of 70.00 feet to a point; THENCE North 54 degrees 02 minutes 30 seconds West, a distance of 60.00 feet to a point; THENCE North 35 degrees 57 minutes 30 seconds East, a distance of 70.00 feet to a point on the Northeasterly property line of said property described in Book 1799 at Page 227; THENCE South 54 degrees 02 minutes 30 seconds East, along said Northeasterly property line, a distance of 60.00 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH an easement for water line and access over a strip of land 15 feet in width the North line of which is described as follows: BEGINNING at the Northeast corner of that piece of property recorded in Docket 4342 at Page 691 of the Official Records of Pima County, Arizona; THENCE South 81 degrees 07 minutes East, a distance of 605.91 feet to a point on the West line of Wellsite No. 8-J; 9 1 j ~ 8 Marana Regular Council Meeting 02/18/2020 Page 143 of 185 THENCE South 00 degrees 08 minutes 45 seconds East along the West line of said wellsite, a distance of 49.5 feet to the Southwest comer thereof; THENCE North 89 degrees 39 minutes East, a distance of 100 feet of the Southeast corner of said wellsite; THENCE North 00 degrees 08 minutes 45 seconds West along the Easterly line of said wellsite, a distance of 33.5 feet; THENCE South 81 degrees 07 minutes East, a distance of 132 feet; THENCE South 54 degrees 02 minutes 30 seconds East, a distance of 446.60 feet to a point. 10 Marana Regular Council Meeting 02/18/2020 Page 144 of 185 EXHIBIT C: FORM OF BILL OF SALE BILL OF SALE THIS BILL OF SALE is made by the TOWN OF MARANA (the "Town"), in favor of the DEANZA DOMESTIC WATER IMPROVEMENT DISTRICT OF PIMA COUNTY, ARIZONA (the "Dish·ict") RECITALS A. Pursuant to a Transfer Agreement(" Agreement") by and between the Town and the Dish·ict, the Town has agreed to sell and assign to the Dish·ict certain Assets (as that capitalized term is defined in the Agreement) of the Town and the District has agreed to accept such Assets from the Town and to assume certain utility obligations of the Town related thereto. B. All capitalized terms used but not otherwise defined in this Bill of Sale shall have the respective meanings ascribed thereto in the Agreement. Now, 1HEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town does hereby sell, convey, assign, transfer and deliver unto the Dish·ict, its successors and assigns, all of the Town's right, title and interest in and to all of the Assets set forth in Attachment 1. To HAVE AND TO HOLD unto the District, its successors and assigns, for its use and benefit forever. This Bill of Sale is subject to the terms and conditions (including the representations and warranties) contained in the Agreement, and shall be governed by, and consh·ued and enforced in accordance with the laws of the State of Arizona, without regard to its conflicts of laws principles. IN WITNESS WHEREOF, the Town has executed and delivered this Bill of Sale on the date set forth below. TOWN OF MARANA Town Manager/Mayor Date 11 Marana Regular Council Meeting 02/18/2020 Page 145 of 185      Council-Regular Meeting   A2        Meeting Date:02/18/2020   To:Mayor and Council From:Fausto Burruel, Public Works Deputy Director Date:February 18, 2020 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: Strategic Plan 4. Commerce: Principle Statement 2.13. Invest Town resources to ensure travel ways, public spaces, parks, public facilities, and other community spaces are clean, maintained, and showcase Marana's high standard of excellence.  Establishing Town speed limits that are reasonable and prudent allows the public and commerce to travel through Marana in a safe and efficient manner. Subject:Resolution No. 2020-017: Relating to traffic and highways; amending the Town of Marana speed zone map and accompanying table, establishing the reasonable and prudent maximum speed limits on specific roadways located within the town limits of the Town of Marana (Fausto Burruel) Discussion: Marana Town Code Section 12-2-11 provides for reasonable and prudent maximum speed limits on roadways located within the town limits to be set forth on a town speed zone map and accompanying table, adopted and amended from time to time by resolution of the Town Council upon recommendation by the town engineer, and based on nationally-accepted traffic engineering standards.  Due to recent discussions with engineering consultants and recommendations to alter speed limits on Town roads, the Traffic Division has undergone the process of reviewing and updating the Town's Speed Zone Map. During this process various roadways throughout Marana were identified as needing to have the speed limits updated. Town Staff anticipates the need to further review the Town's speed limits as development continues and as traffic control changes occur. The proposed updates were grouped into three categories: Marana Regular Council Meeting 02/18/2020 Page 146 of 185 1) Updates - New streets or discrepancy between the map and field 2) Simplifications - Areas where the speed limits differed in each direction or the speed limit change point was shifted to align with connecting roads, etc. 3) Adjustments - Areas where speeds were changed. Staff Recommendation: Town staff recommends adoption of Resolution No. 2020-017, amending the Town of Marana speed zone map and accompanying table. Suggested Motion: I move to adopt Resolution No. 2020-017, amending the Town of Marana speed zone map and accompanying table. Attachments Resolution No. 2020-017 Updated Speed Zone Map Speed Limit Table Speed Zone Presentation Marana Regular Council Meeting 02/18/2020 Page 147 of 185 00068359.DOCX /1 Marana Resolution No. 2020 -017 - 1 - 2/12/2020 3:53 PM MARANA RESOLUTION NO. 202 0-017 RELATING TO TRAFFIC AND HIGHWAYS; AMENDING THE TOWN OF MARANA SPEED ZONE MAP AND ACCOMPANYING TABLE, ESTABLISHING THE REASONABLE AND PRUDE NT MAXIMUM SPEED LIMITS ON SPECIFIC ROADWAYS LOCATED WITHIN THE TOWN LIMITS OF THE TOWN OF MARANA WHEREAS Marana Town Code Section 12 -2-11 provides for reasonable and prudent maximum speed limits on roadways located within the town limits to be set forth on a town speed zone map and accompanying table, adopted and amended from time to time by resolution of the council upon recommendation by the town engineer, and based on nationally -accepted traffic engineering standards; and WHEREAS the town speed zone map and accompanying table were most recently amended by the Marana Town Council by its adoption of Resolution No. 2006-178 on November 7, 2006; and WHEREAS the Town Council finds that the adoption, reporting, and amendment of speed limits as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Town of Marana speed zone map and accompanying table, as set forth in the Council agenda packet accompanying this agenda item, are hereby adopted by reference , replacing the speed zone map and accompanying table adopted by Resolution No. 2006-178. SECTION 2. The Town’s staff is hereby directed to make the Town of Marana speed zone map and accompanying table available to the public and accessible from the Town’s internet website. Marana Regular Council Meeting 02/18/2020 Page 148 of 185 00068359.DOCX /1 Marana Resolution No. 2020 -017 - 2 - 2/12/2020 3:53 PM PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of February, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 02/18/2020 Page 149 of 185 Marana Regular Council Meeting 02/18/2020 Page 150 of 185 Speed Limit List 01-23-2020 Page 1 of 2 STREET FROM TO SPEED LIMIT (MPH) N Adonis Rd W Cochie Canyon Tr N Postvale Rd 35 W Aerie Dr W Ina Rd N Thornydale Rd 30 W Arizona Pavilions Dr N Cortaro Rd W Burlingame Rd 30 W Avra Valley Rd, portions within Town Limits West Town limits Airline Rd 55 W Barnett Rd N Sanders Rd Interstate 10 EB Frontage Rd 35 W Burlingame Rd W Arizona Pavilions Dr Interstate 10 EB Frontage Rd 30 N Camino de Oeste W Moore Rd W Tangerine Rd 35 N Camino de Oeste W Flying Diamond Drive W Ina Rd 35 W Camino de Manana, portions within Town Limits W Twin Peaks Rd W Tangerine Rd 35 W Clark Farms Blvd West end of road N Sandario Rd 40 W Clark Farms Blvd N Sandario Rd East end of road 35 N Coachline Blvd N Silverbell Rd (180 ft west of N Onyx Moon Dr)N Silverbell Rd/N Continental Reserve Lp 35 W Cochie Canyon Tr Union Pacific Railroad N Arrow Shard Av 40 N Continental Links Dr N Douglas Fir Dr W Arizona Pavillions Dr 30 N Continental Reserve Lp N Silverbell Rd/N Coachline Blvd N Silverbell Rd/W Somerton Dr 35 W Cortaro Farms Rd Interstate 10 Eastern Town Limits 40 N Cortaro Rd West Town Limits N Silverbell Rd 40 N Cortaro Rd N Silverbell Rd W Arizona Pavillions Dr 45 N Cortaro Rd W Arizona Pavilions Dr Interstate 10 40 W Costco Dr W Horizon Hills Dr/N Thornydale Rd N Thornydale Rd 30 W Crossroads Tr W Tangerine Rd Interstate 10 EB Frontage Rd 35 N Dove Mountain Blvd W Brittle Bush Dr N Secret Springs Dr 35 N Dove Mountain Blvd N Secret Springs Dr W Tangerine Rd 40 W Emigh Rd EB N Sanders Rd 800 feet east of Sanders Rd 35 W Emigh Rd 800 feet east of N Sanders Rd 2550 feet west of N Sandario Rd 35 W Gladden Farms Dr N Tangerine Farms Rd N Lon Adams Rd 30 W Grier Rd N Clyde Pl N Sandario Rd 35 W Grier Rd N Postvale Rd 630 feet west of N Galleno Av 35 W Hardin Rd West Town limits N Luckett Rd 50 N Hartman Ln, portions within Town Limits W Linda Vista Bl W Cortaro Farms Rd 35 W Ina Rd Interstate 10 East Town Limits 40 W Ina Rd West Town Limits Interstate 10 45 W Kirby Hughes Rd N Luckett Rd I-10 EB Frontage Rd 35 W Linda Vista Blvd W Twin Peaks Rd East Town limits 45 N Lon Adams Rd W Moore Rd W Tangerine Rd/W Tangerine Farms Rd 30 N Luckett Rd North end of road W Hardin Rd 35 N Luckett Rd W Hardin Rd W Marana Rd 45 W Marana Main St W Marana Rd 1100 ft west of Sandario Rd 45 W Marana Main St 1100 feet west of Sandario Rd Sandario Rd 35 W Marana Rd EB West Town limits 225 feet east of W Linda Ln 55 W Marana Rd WB West Town limits 225 feet east of W Linda Ln 45 W Marana Rd 225 feet east of W Linda Ln W Marana Main St 45 W Marana Rd W Marana Main St N Sandario Road 35 W Massingale Rd Union Pacific Railroad East Town Limits 35 N Midfield Rd North end of Road W Tangerine Rd 35 W Moore Rd 200 feet east of N High Hawk Dr N Thornydale Rd 40 W Moore Rd N Wild Burro Rd N Dove Mountain Bl 30 W Moore Rd N Sanders Rd Interstate 10 EB Frontage Rd 35 W Oasis Rd W Twin Peaks Rd East Town Limits 35 N Oldfather Rd Town limits W Ina Rd 35 W Orange Grove Rd Interstate 10 East Town limits 45 W Pima Farms Rd N Scenic Dr N Continental Reserve Lp 30 N Pima Reserve Dr N Continental Reserve Lp N Wade Rd 30 N Postvale Rd Interstate 10 EB Frontage Rd W Moore Rd 35 N Postvale Rd W Adonis Rd W Grier Rd 35 N Rillito Village Tr W Tangerine Rd Interstate 10 EB Frontage Rd 35 W River Rd W Orange Grove Rd South Town limits 45 N Saguaro Highlands Dr W Twin Peaks Rd N Saguaro Peaks Blvd 30 N Saguaro Peaks Blvd W Lambert Ln W Twin Peaks Rd 30 N Sandario Rd W Marana Main St W Moore Rd 35 N Sandario Rd SB W Avra Valley Rd 2190 feet north of W Twin Peaks Rd 55 N Sandario Rd NB W Avra Valley Rd 2725 feet south of W Avra Valley Rd 45 N Sandario Rd SB 2190 feet north of W Twin Peaks Rd 840 feet north of W Twin Peaks Rd 45 N Sandario Rd NB 2725 feet south of W Avra Valley Rd W Twin Peaks Rd 55 N Sandario Rd SB 840 feet north of W Twin Peaks Rd W Twin Peaks Rd 35 N Sandario Rd SB W Twin Peaks Rd 1365 feet north of W Emigh Rd 45 Sandario Rd NB W Twin Peaks Rd 900 feet south of W Twin Peaks Rd 35 N Sandario Rd SB 1365 feet north of W Emigh Rd South Town limits 35 N Sandario Rd NB 900 feet south of W Twin Peaks Rd South Town limits 45 N Sanders Rd W Marana Rd W Moore Rd 45 N Sanders Rd W Moore Rd 3700 ft south of W Moore Rd 40 N Sanders Rd 3700 feet south of W Moore Rd W Avra Valley Rd 50 N Sanders Rd W Twin Peaks Rd W Emigh Rd 45 N Sandy Desert Tr W Cortaro Farms Rd W Pima Farms Rd 30 N Silverbell Rd 1950 ft north of N Coachline Bl W Twin Peaks Rd 35 N Silverbell Rd SB W Twin Peaks Rd 325 feet north of W Sacramento Hill Dr 45 N Silverbell Rd NB W Twin Peaks Rd 325 feet north of W Sacramento Hill Dr 35 N Silverbell Rd, portions within Town Limits 325 feet north of W Sacramento Hill Dr South Town limits 45 W Silverbell Rd West Town limits 1300 feet west of N Sanders Rd 50 W Silverbell Rd EB 1300 feet west of N Sanders Rd N Sanders Rd 40 W Silverbell Rd WB 1300 feet west of N Sanders Rd N Sanders Rd 50 W Sunset Rd West Town limits 520 ft west of N Silverbell Rd 35 N Tangerine Farms Rd W Clark Farms Blvd W Moore Rd 35 N Tangerine Farms Rd WB W Moore Rd 1645 feet east of Moore Rd 35 N Tangerine Farms Rd EB W Moore Rd 1645 feet east of Moore Rd 45 N Tangerine Farms Rd 1645 feet east of Moore Rd N Lon Adams Rd/W Tangerine Rd 45 Marana Regular Council Meeting 02/18/2020 Page 151 of 185 Speed Limit List 01-23-2020 Page 2 of 2 STREET FROM TO SPEED LIMIT (MPH) W Tangerine Rd N Lon Adams Rd Interstate 10 45 W Tangerine Rd Interstate 10 3165 ft east of the Union Pacfic Railroad tracks 40 W Tangerine Rd 3165 ft east of the Union Pacific Railroad tracks N Dove Mountain Bl 50 W Tangerine Rd N Dove Mountain Bl East Town limits 45 N Thornydale Rd W T Bench Bar Wy W Moore Rd 35 N Thornydale Rd W Moore Rd W Camino del Norte 40 N Thornydale Rd 580 ft north of W Ina Rd W Ina Rd 40 N Thornydale Rd W Ina Rd W Orange Grove Rd 45 N Tiffany Lp Interstate 10 EB Frontage Rd, 2050 ft north of Twin Peaks Rd Interstate 10 EB Frontage Rd, 2280 ft south of Twin Peaks Rd 35 N Tortolita Rd W Dry Creek Ct 840 feet north of W Panther Butte St 35 W Twin Peaks Rd, portions within Town Limits N Sanders Rd N Silverbell Rd 45 W Twin Peaks Rd N Silverbell Rd 1250 ft west of N Tiffany Lp 35 W Twin Peaks Rd, portions within Town Limits 1250 ft west of N Tiffany Lp N Dove Mountain Bl 45 N Wade Rd N Silverbell Rd South Town limits 35 N Wentz Rd W Hardin Rd W Grier Rd 35 Marana Regular Council Meeting 02/18/2020 Page 152 of 185 Speed Zone Map Update Fausto Burruel, P.E., Public Works Department February 18, 2020 Marana Regular Council Meeting 02/18/2020 Page 153 of 185 WHY DO THIS NOW •Recent Development identified the need to adjust speed limits on adjacent roadways. •Review of the Town Code identified the need to update the Speed Zone Map. Marana Regular Council Meeting 02/18/2020 Page 154 of 185 OPPORTUNITIES •Add new roadway segments •Simplify speed limits –Eliminate short speed zones –Minimize number of occurrences where the speed limit is different for the same segment of roadway based on direction of travel –Use common beginnings/endings of speed zones •Re -evaluate speed limits using engineering study and judgment Marana Regular Council Meeting 02/18/2020 Page 155 of 185 TOWN CODE 12-2-11 •“Reasonable and prudent maximum speed limits on roadways located within the town limits are set forth on the town speed zone map and accompanying table, adopted and amended from time to time by resolution of the council, upon recommendation by the town engineer and based on nationally-accepted traffic engineering standards.” •Last adopted: 2006 Marana Regular Council Meeting 02/18/2020 Page 156 of 185 ARIZONA REVISED STATUTES •ARS 28-701 –Speed limits in business or residential districts = 25 mph –Speed limits in other locations = 65 mph •ARS 28-703 –A local authority may increase the speed limit above 25 mph within any business or residential district –A local authority may decrease the limit below 65 mph outside of any business or residential district Marana Regular Council Meeting 02/18/2020 Page 157 of 185 ELIMINATE SHORT SPEED ZONES •Cortaro Farms Road east of I-10 •Oasis Road, east of Twin Peaks •Pima Farms Road, west of Moonfire Dr •Thornydale Road, north of Tangerine Road Marana Regular Council Meeting 02/18/2020 Page 158 of 185 POST SAME SPEED LIMIT IN BOTH DIRECTIONS •Cochie Canyon Trail approaching I-10 •Cortaro Road west of I-10 •Sandario Road, between Marana Main and Barnett Rd •Tangerine Road, west of I-10 •Thornydale Road, between Tangerine and Camino del Norte Marana Regular Council Meeting 02/18/2020 Page 159 of 185 ADUST BEGINNINGS/ENDINGS OF SPEED ZONES •Sanders Road near Moore Rd •Tortolita Road Marana Regular Council Meeting 02/18/2020 Page 160 of 185 ADJUSTMENTS ↓Aerie Drive (from 35 mph to 30 mph) ↑Marana Main Street and Marana Rd near roundabout (from 25 to 35) ↓Moore Road in Dove Mountain (from 40 to 30) ↓Sandario Road from railroad to roundabout (from 35 to 25) ↑Sanders Road from Moore Rd to 3700 ft south of Moore Rd (from 35 to 40) Marana Regular Council Meeting 02/18/2020 Page 161 of 185 SPEED LIMIT UPDATE SUMMARY TABLE Type Street Name From To SPEED LIMITS (MPH) Action Current Mapped Current Posted Proposed UpdatesW Clark Farms Blvd N Sandario Rd East end of road 40 35 35 Reflect existing posted speed limit W Cochie Canyon Tr (westbound) N Arrow Shard Av N Postvale Av 30 25 25 Remove segment on map but not posted. N Continental Links Dr N Douglas Fir Dr W Arizona Pavillions Dr --30 30 Existing road added to map W Massingale Rd Union Pacific Railroad East Town Limits --35 35 Existing road added to map N Midfield Rd North end of Road W Tangerine Rd --30 30 Existing road added to map N Saguaro Highlands Dr W Twin Peaks Rd N Saguaro Peaks Bl --30 30 Existing road added to map SimplificationsW Cochie Canyon Tr Union Pacific Railroad N Arrow Shard Av 35 (WB)35 (WB)40 Post both directions 40 mph W Cortaro Farms Rd Interstate 10 Cerius Stravenue 35 35 40 Delete short segment posted 35 mph N Cortaro Rd W Arizona Pavilions Interstate 10 35 (EB)/ 45 (WB) 35 (EB)/ 45 (WB) 40 Post both directions 40 mph from Arizona Pavillions to Cerius Stravenue W Oasis Rd W Twin Peaks Rd East Town Limits --30/35 35 Existing road added, match speed limit in unincorporated Pima County W Pima Farms Rd N Scenic Dr 250 ft W of Moonfire Dr 35 35 30 Delete short segment posted 35 mph N Sandario Rd W Marana Main St W Barnett Rd 30/35 30/35 35 Post both directions 35 mph N Sanders Rd W Marana Rd W Moore Rd 35/45 35/45 45 Adjust breakpoint between posted speed limits W Tangerine Rd 800 ft W of N Rillito Village Tr Interstate 10 40 (EB)40 (EB)45 Post both directions 45 mph W Tangerine Rd Interstate 10 3165 ft east of the Union Pacfic Railroad tracks 35 (WB)35 (WB)40 Post both directions 40 mph N Thornydale Rd 1170 ft N of Tangerine Rd Tangerine Rd 35 35 40 Eliminate short segment posted 35 mph N Thornydale Rd W Tangerine Rd W Camino del Norte 35/40/45 35/40/45 40 Post both directions 40 mph Tortolita Rd W Dry Creek Ct 840 feet north of W Panther Butte St 35 35 35 Adjust breakpoint between posted speed limits AdjustmentsW Aerie Dr W Ina Rd N Thornydale Rd 35 35 30 Lower speed limit to 30 mph to increase safety. Studies indicate advisory speeds are 15 mph and 20 mph for westbound and southbound, respectively. W Marana Main St 1100 feet west of Sandario Rd Sandario Rd 25 (EB)/ 45 (WB) 25 35 Increase speed limit for better driver compliance W Marana Rd W Marana Main St N Sandario Road 25 25 35 Increase speed limit for better driver compliance W Moore Rd N Wild Burro Rd N Dove Mountain Bl 40 40 30 Reduce speed limit reduction as recommended by traffic engineering firm for the new Dove Mountain CSTEM school N Sandario Rd Union Pacific Railroad W Marana Main St 35 35 25 Reduce speed limit to match operating conditions N Sanders Rd W Moore Rd 3700 ft south of W Moore Rd 35 35 40 Increase speed limit for better driver compliance Marana Regular Council Meeting 02/18/2020 Page 162 of 185 CURRENT Marana Regular Council Meeting 02/18/2020 Page 163 of 185 SUMMARY MAP Marana Regular Council Meeting 02/18/2020 Page 164 of 185 PROPOSED Marana Regular Council Meeting 02/18/2020 Page 165 of 185 UPDATED SPEED ZONE MAP Marana Regular Council Meeting 02/18/2020 Page 166 of 185 Questions? Marana Regular Council Meeting 02/18/2020 Page 167 of 185    Council-Regular Meeting   A3        Meeting Date:02/18/2020   To:Mayor and Council From:Frank Cassidy, Town Attorney Date:February 18, 2020 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2020-018: Relating to Public Works; approving and authorizing the Mayor to sign an acquisition agreement with Pima County and Marana Unified School District #6 for acquisition of property rights needed for the Lon Adams Road Reconstruction (Marana Project ST068) (Frank Cassidy) Discussion: The Town is proceeding with the design and construction of the Lon Adams Road Reconstruction (Marana Project ST068), which includes eliminating the offset intersection of Civic Center Drive and Lon Adams Drive. To get to Ora Mae Harn Park, a motorist driving eastbound on Civic Center Drive approaching Lon Adams next to the post office currently needs to turn southbound on Lon Adams briefly before turning left (eastbound) into the access road to the park next to the former Geasa Library building. Eliminating the intersection offset will require the park access road to be relocated northward into the parking lot of the former Geasa Library building, which is owned by Pima County but operated by MUSD under a lease-purchase agreement. Pima County and MUSD are willing to give the Town the right-of-way needed to relocate the access road in exchange for the Town redesigning and reconstructing the parking lot to accommodate the relocated access road. Financial Impact: Fiscal Year:2020 Budgeted Y/N:Y Amount:$98,000 Marana Regular Council Meeting 02/18/2020 Page 168 of 185 The estimated cost of design and reconstruction of the parking lot to accommodate the relocated access road is estimated to be $98,000.00.  The funding necessary for the reconstruction of the parking lot, and associated closing costs, is available within the Lon Adams Road Reconstruction (Marana Project ST068) budget. No additional project funding will be required. Staff Recommendation: Staff recommends adoption of Resolution No. 2020-018, approving and authorizing the Mayor to sign an acquisition agreement with Pima County and MUSD for acquisition of property rights needed for the Lon Adams Road Reconstruction project. Suggested Motion: I move to adopt Resolution No. 2020-018, approving and authorizing the Mayor to sign an acquisition agreement with Pima County and MUSD for acquisition of property rights needed for the Lon Adams Road Reconstruction project. Attachments Resolution No. 2020-018 Lon Adams ROW acquisition PC MUSD Marana Regular Council Meeting 02/18/2020 Page 169 of 185 00068231.DOCX /1 Marana Resolution No. 20 20 -018 - 1 - 2/4/2020 9:28 AM MARANA RESOLUTION NO. 2020-018 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN ACQUISITION AGREEMENT WITH PIMA COUNTY AND MARANA UNIFIED SCHOOL DISTR ICT #6 FOR ACQUISITION OF P ROPERTY RIGHTS NEEDED FOR THE LON ADAMS ROAD RECONSTRUCTION (MARANA PR OJECT ST068) WHEREAS the Town is proceeding with the design and construction of the Lon Adams Road Reconstruction (Marana Project ST068) (the “Project”); and WHEREAS the Town needs certain property rights from the former Geasa Library site, Pima County Assessor’s Parcel No. 217 -36-004A (the “Subject Property”), for the Project; and WHEREAS the Subject Property is owned by Pima County and is subject to a lease -purchase agreement with Marana Unified School District #6 (“MUSD”); and WHEREAS Town staff has negotiated an Acquisition Agreement with Pima County and MUSD that provides in-kind compensation as set forth in the Acquisition Agreement, consisting primarily of redesi gn and reconstruction of the Subject Property’s parking lot; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the Acquisition Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE M AYOR AND COUNCIL OF THE TOWN OF MARANA, that the Acquisition Agreement with Pima County and MUSD, for the acquisition of right-of-way needed for the Project, is hereby approved in substantially the form found in the agenda materials accompanying this resol ution, and the Mayor is authorized to sign it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the Acquisition Agreement. Marana Regular Council Meeting 02/18/2020 Page 170 of 185 00068231.DOCX /1 Marana Resolution No. 20 20 -018 - 2 - 2/4/2020 9:28 AM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of February, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 02/18/2020 Page 171 of 185 00067203.DOCX /4 2/4/2020 8:53 AM Marana Mayor and Council Approval: Resolution No. 2020-______, adopted on S 27 /T11S /R11E Lon Adams Road Reconstruction (Marana Project ST068) Parcel No. 217-36-004A Pima County/MUSD Acquisition Agt. Page 1 of 3 ENGINEERING DEPARTMENT ACQUISITION AGREEMENT This Agreement is made by and between PIMA COUNTY (the “County”), a body politic and corporate of the State of Arizona, MARANA UNIFIED SCHOOL DISTRICT # 6 (“MUSD”), a political subdivision of the State of Arizona, and the TOWN OF MARANA (the “Town”), an Arizona municipal corporation. The County and MUSD are collectively referred to as the “Owners.” The County, MUSD, and the Town are sometimes collectively referred to as the “Parties,” any of which is sometimes individually referred to as a “Party.” 1. The Property. The County is the title owner of and MUSD holds a lease-purchase interest in the land currently identified as Pima County Assessor’s Parcel Number 217-36-004A, consisting of approximately 2.5 acres in the Northeast quarter of Section 27, Township 11 South, Range 11 East, G&SRM, and referred to in this Agreement as the “Property.” 2. The Acquisition. The Town needs to acquire from the Property public rights-of-way in fee for public roads (collectively, the “Takes”). The Takes are described and depicted in Exhibit A, attached. 3. The Compensation. In lieu of court proceedings to acquire the Takes by eminent domain, the Owners agree to sell and the Town agrees to acquire the Takes in exchange for the Town’s design and construction of the work described in paragraph 4 below (the “In-Kind Compensation”), subject to the terms and conditions set forth in this Agreement. 4. The In-Kind Compensation. The In-Kind Compensation consists of the Town’s design and construction of a reconfigured parking lot on the former Geasa Library site (the Property). The Town shall design the work in coordination with the Owners, and construction shall be done in accordance with the plans reasonably approved by the Owners. The conceptual design is in Exhibit B, attached. 5. Conveyancing Instruments. Upon execution of this Agreement, the Owners shall provide to the Town’s attorneys the form or forms of one or more conveyancing instruments and other documentation necessary to convey the Takes to the Town without warranty. The Town’s attorneys shall have the right to make or require reasonable revisions of the conveyancing instruments and other documentation. 6. No Salvage. The Owners shall not salvage or remove any fixtures, improvements, or vegetation, located within the Takes. Personal property may be removed prior to recording of the conveyancing instruments. Marana Regular Council Meeting 02/18/2020 Page 172 of 185 00067203.DOCX /4 2/4/2020 8:53 AM Marana Mayor and Council Approval: Resolution No. 2020-______, adopted on S 27 /T11S /R11E Lon Adams Road Reconstruction (Marana Project ST068) Parcel No. 217-36-004A Pima County/MUSD Acquisition Agt. Page 2 of 3 7. Prorations. The Owners represent that there are no rents, property taxes or other similar costs affected by the Takes that would require proration among the Parties. 8. Clearance of Clouds on Title. The Owners shall cooperate with the Town in removing any items listed in Schedule B of the title report the Town reasonably determines are unacceptable. 9. Closing. The conveyancing instruments shall be recorded on or before 45 days after substantial completion of construction which constitutes the In-Kind Compensation. 10. Environmental Representations. Neither Party assumes any obligation of the other Party relating to any potential liability arising from the environmental condition of the Takes. Each Party shall remain responsible for its obligations as set forth by law. 11. Broker’s Commission. No broker or finder has been used and the Town shall owe no brokerage or finders’ fee related to this transaction. 12. Closing Costs. The Town shall pay expenses incidental to transfer of title, including title reports, recording fees, escrow fees, releases and owner’s Title Insurance Policy. 13. Temporary Construction Easement. Upon execution of this Agreement, the County’s Real Property Services Manager is authorized to sign a Temporary Construction Easement in substantially the form attached to this Agreement as Exhibit C, allowing the Town to proceed with construction before the recording of the conveyancing instruments. 14. No Sale. The Owners shall not sell or encumber the Takes prior to the recording of the conveyancing instruments. 15. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511 which provides for cancellation of contracts by government entities for certain conflicts of interest. 16. Termination of Representation and Warranties. All representations and warranties contained in this Agreement shall terminate at recording of the conveyancing instruments. 17. Entire Agreement. This signed document shall constitute the entire Agreement among the Parties. No modification or amendment to this Agreement shall be binding unless in writing and signed by the Parties. The performance of this Agreement constitutes the entire consideration by the Town, including just compensation for the Takes and severance damages to any remainder property and shall relieve the Town of all further obligation or claims relating to Property for the Takes. 18. Exhibits. Any exhibit attached to this Agreement shall be deemed to be incorporated by reference with the same force and effect as if fully set forth in the body of this Agreement. 19. Compromise and Settlement. The Parties acknowledge that the In-Kind Compensation was agreed upon through compromise and settlement to avoid litigation. 20. Approval by Governing Bodies. This Agreement is subject to approval by the governing bodies of each of the respective Parties. Marana Regular Council Meeting 02/18/2020 Page 173 of 185 00067203.DOCX /4 2/4/2020 8:53 AM Marana Mayor and Council Approval: Resolution No. 2020-______, adopted on S 27 /T11S /R11E Lon Adams Road Reconstruction (Marana Project ST068) Parcel No. 217-36-004A Pima County/MUSD Acquisition Agt. Page 3 of 3 IN WITNESS WHEREOF, the Parties have executed this instrument as of the last signature date below. The “TOWN”: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Marana Town Clerk APPROVED AS TO CONTENT: By: Keith Brann, P.E., Town Engineer APPROVED AS TO FORM: Marana Town Attorney The “COUNTY”: PIMA COUNTY, a body politic and corporate of the State of Arizona By: Richard Elias, Chair Pima County Board of Supervisors Date: ATTEST: Clerk of the Board APPROVED AS TO FORM: Deputy Pima County Attorney “MUSD”: MARANA UNIFIED SCHOOL DISTRICT #6, a political subdivision of the State of Arizona By: Dr. Maribel Lopez, President MUSD Governing Board Date: ATTEST: Clerk of the Board APPROVED AS TO FORM: Attorney for MUSD Marana Regular Council Meeting 02/18/2020 Page 174 of 185 Cooper Aerial Surveys Co. | www.cooperaerial.com | 11402 N. Cave Creek Road, Phoenix AZ 85020 | 602.678.5111 EXHIBIT “A” LEGAL DESCRIPITON FOR NEW RIGHT OF WAY ASSESSOR PARCEL 217-36-004A Date: November 6, 2019 Project No.: 1904051 New Right-of-Way No. 1 That portion of the Northeast quarter of Section 27, Township 11 South, Range 11 East of the Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the Center quarter corner of said Section 27 being a 3” brass cap RLS #13187 from which the North quarter corner of said Section 27 being a 3” brass cap RLS #37400 bears North 00 degrees 36 minutes 30 seconds West, 2629.80 feet; Thence North 00 degrees 36 minutes 30 seconds West, 1060.03 feet along the North-South Mid Section Line of said Section 27; Thence North 89 degrees 19 minutes 14 seconds East, 30.00 feet to a point that lies on the East right-of-way line of Lon Adams Road being the POINT OF BEGINNING; Thence North 00 degrees 36 minutes 30 seconds West, 70.97 feet along said East right-of-way line; Thence South 82 degrees 18 minutes 40 seconds East, 39.38 feet to the point of curvature of a circular curve to the right having a radius of 183.44 feet; Thence Easterly 59.48 feet along said curve through a central angle of 18 degrees 34 minutes 47 seconds to the point of a reverse curve having a radius of 148.44 feet; Thence Easterly 69.82 feet along said curve through a central angle of 26 degrees 56 minutes 53 seconds to the point of tangency; Thence North 89 degrees 19 minutes 14 seconds East, 337.28 feet; Thence South 00 degrees 36 minutes 22 seconds East, 31.16 feet; Thence South 89 degrees 19 minutes 14 seconds West, 499.99 feet to said POINT OF BEGINNING. Said parcel containing 18,885 square feet (0.434 acres), more or less. EXHIBIT A TO ACQUISITION AGREEMENT Page 1 of 4 Marana Regular Council Meeting 02/18/2020 Page 175 of 185 Cooper Aerial Surveys Co. | www.cooperaerial.com | 11402 N. Cave Creek Road, Phoenix AZ 85020 | 602.678.5111 New Right-of-Way No. 2 That portion of the Northeast quarter of Section 27, Township 11 South, Range 11 East of the Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the Center quarter corner of said Section 27 being a 3” brass cap RLS #13187 from which the North quarter corner of said Section 27 being a 3” brass cap RLS #37400 bears North 00 degrees 36 minutes 30 seconds West, 2629.80 feet; Thence North 00 degrees 36 minutes 30 seconds West, 1060.03 feet along the North-South Mid Section Line of said Section 27; Thence North 89 degrees 19 minutes 14 seconds East, 30.00 feet to a point that lies on the East right-of-way line of Lon Adams Road; Thence North 00 degrees 36 minutes 30 seconds West, 70.97 feet along said East right-of-way line being the POINT OF BEGINNING; Thence North 00 degrees 36 minutes 30 seconds West, 152.88 feet along said East right-of-way line; Thence North 89 degrees 42 minutes 00 seconds East, 15.00 feet; Thence South 00 degrees 36 minutes 30 seconds East, 154.98 feet; Thence North 82 degrees 18 minutes 40 seconds West, 15.16 feet to said POINT OF BEGINNING. Said parcel containing 2,309 square feet (0.0.053 acres), more or less. Professional Land Surveyor AZ No. 19817 Electronic Seal https://btr.az.gov/ Jim Crume Digitally signed by Jim Crume Date: 2019.11.06 07:58:29 -07'00' EXHIBIT A TO ACQUISITION AGREEMENT Page 2 of 4 Marana Regular Council Meeting 02/18/2020 Page 176 of 185 LON ADAMS ROADLON ADAMS ROADNEW RIGHT-OF-WAY EXHIBIT BARNETT ROAD GRIER ROAD Jim Crume Digitally signed by Jim Crume Date: 2019.11.06 07:58:45 -07'00' EXHIBIT A TO ACQUISITION AGREEMENT Page 3 of 4 Marana Regular Council Meeting 02/18/2020 Page 177 of 185 CURVE TABLE LINE TABLE LON ADAMS ROAD NEW RIGHT-OF-WAY EXHIBIT Jim Crume Digitally signed by Jim Crume Date: 2019.11.06 07:58:59 -07'00' EXHIBIT A TO ACQUISITION AGREEMENT Page 4 of 4 Marana Regular Council Meeting 02/18/2020 Page 178 of 185 H:\23\23424 - Lon Adams Reconstruction\50 Final Design\_Xref\23424-XR-INT_concept1.dwg May 09, 2019 - 10:07am - jamarillas Layout Tab: ExhibitParking Lot Modification ConceptMarana, Arizona1FigureN0301530Scale: 1" = 30'EXHIBIT B TO ACQUISITION AGREEMENT Marana Regular Council Meeting 02/18/2020 Page 179 of 185 TEMPORARY CONSTRUCTION EASEMENT AND RIGHT OF ENTRY PIMA COUNTY (the “County”), a political subdivision of the State of Arizona, is the title owner and MARANA UNIFIED SCHOOL DISTRICT #6 (“MUSD”), a political subdivision of the State of Arizona, holds a lease-purchase interest in the “Subject Property” as defined below. The County and MUSD are collectively referred to in this instrument as the “Grantors.” For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors do hereby grant without warranty to the TOWN OF MARANA (the “Grantee”), an Arizona municipal corporation, a Temporary Construction Easement and Right of Entry over the “Subject Property,” which is legally described and depicted in Exhibit A attached to and incorporated by this reference into this instrument. This Temporary Construction Easement and Right of Entry is granted for the purpose of allowing Grantee to construct a public road on the Subject Property, in advance of entering into a formal acquisition agreement with the Grantors to acquire fee title to the Subject Property. All costs associated with this Temporary Construction Easement and Right of Entry shall be at the sole expense of the Grantee. Grantee assumes responsibility and liability for any injury or damage to the Subject Parcel and to the larger parcel of which it is a part or to any person while exercising Grantee’s rights under this Temporary Construction Easement and Right of Entry provided such damage or injury is caused by the exercise of this Temporary Construction Easement and Right of Entry. This Temporary Construction Easement and Right of Entry shall take effect immediately and shall expire and terminate when Grantee acquires fee title to the Subject Property, which is anticipated to occur within 180 days after the last of the Grantors’ signatures below. EXHIBIT C TO ACQUISITION AGREEMENT Page 1 of 6 Marana Regular Council Meeting 02/18/2020 Page 180 of 185 GRANTED this _____ day of November, 2019. ACCEPTED: TOWN OF MARANA Keith Brann, Town Engineer APPROVED AS TO FORM: Frank Cassidy, Town Attorney GRANTORS: PIMA COUNTY, a political subdivision of the State of Arizona By: Its: MARANA UNIFIED SCHOOL DISTRICT #6, a political subdivision of the State of Arizona By: Its: STATE OF ARIZONA ) County of Pima ) SS The foregoing instrument was acknowledged before me this ________ day of November, 2019, by ____________________________________, authorized signatory of PIMA COUNTY, a political subdivision of the State of Arizona, on its behalf. (Seal) Notary Public STATE OF _______________ ) County of ______________ ) SS The foregoing instrument was acknowledged before me this ________ day of November, 2019, by ____________________________________, authorized signatory of MARANA UNIFIED SCHOOL DISTRICT #6, a political subdivision of the State of Arizona, on its behalf. (Seal) Notary Public EXHIBIT C TO ACQUISITION AGREEMENT Page 2 of 6 Marana Regular Council Meeting 02/18/2020 Page 181 of 185 Cooper Aerial Surveys Co. | www.cooperaerial.com | 11402 N. Cave Creek Road, Phoenix AZ 85020 | 602.678.5111 EXHIBIT “A” LEGAL DESCRIPITON FOR NEW RIGHT OF WAY ASSESSOR PARCEL 217-36-004A Date: November 6, 2019 Project No.: 1904051 New Right-of-Way No. 1 That portion of the Northeast quarter of Section 27, Township 11 South, Range 11 East of the Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the Center quarter corner of said Section 27 being a 3” brass cap RLS #13187 from which the North quarter corner of said Section 27 being a 3” brass cap RLS #37400 bears North 00 degrees 36 minutes 30 seconds West, 2629.80 feet; Thence North 00 degrees 36 minutes 30 seconds West, 1060.03 feet along the North-South Mid Section Line of said Section 27; Thence North 89 degrees 19 minutes 14 seconds East, 30.00 feet to a point that lies on the East right-of-way line of Lon Adams Road being the POINT OF BEGINNING; Thence North 00 degrees 36 minutes 30 seconds West, 70.97 feet along said East right-of-way line; Thence South 82 degrees 18 minutes 40 seconds East, 39.38 feet to the point of curvature of a circular curve to the right having a radius of 183.44 feet; Thence Easterly 59.48 feet along said curve through a central angle of 18 degrees 34 minutes 47 seconds to the point of a reverse curve having a radius of 148.44 feet; Thence Easterly 69.82 feet along said curve through a central angle of 26 degrees 56 minutes 53 seconds to the point of tangency; Thence North 89 degrees 19 minutes 14 seconds East, 337.28 feet; Thence South 00 degrees 36 minutes 22 seconds East, 31.16 feet; Thence South 89 degrees 19 minutes 14 seconds West, 499.99 feet to said POINT OF BEGINNING. Said parcel containing 18,885 square feet (0.434 acres), more or less. EXHIBIT C TO ACQUISITION AGREEMENT Page 3 of 6 Marana Regular Council Meeting 02/18/2020 Page 182 of 185 Cooper Aerial Surveys Co. | www.cooperaerial.com | 11402 N. Cave Creek Road, Phoenix AZ 85020 | 602.678.5111 New Right-of-Way No. 2 That portion of the Northeast quarter of Section 27, Township 11 South, Range 11 East of the Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the Center quarter corner of said Section 27 being a 3” brass cap RLS #13187 from which the North quarter corner of said Section 27 being a 3” brass cap RLS #37400 bears North 00 degrees 36 minutes 30 seconds West, 2629.80 feet; Thence North 00 degrees 36 minutes 30 seconds West, 1060.03 feet along the North-South Mid Section Line of said Section 27; Thence North 89 degrees 19 minutes 14 seconds East, 30.00 feet to a point that lies on the East right-of-way line of Lon Adams Road; Thence North 00 degrees 36 minutes 30 seconds West, 70.97 feet along said East right-of-way line being the POINT OF BEGINNING; Thence North 00 degrees 36 minutes 30 seconds West, 152.88 feet along said East right-of-way line; Thence North 89 degrees 42 minutes 00 seconds East, 15.00 feet; Thence South 00 degrees 36 minutes 30 seconds East, 154.98 feet; Thence North 82 degrees 18 minutes 40 seconds West, 15.16 feet to said POINT OF BEGINNING. Said parcel containing 2,309 square feet (0.0.053 acres), more or less. Professional Land Surveyor AZ No. 19817 Electronic Seal https://btr.az.gov/ Jim Crume Digitally signed by Jim Crume Date: 2019.11.06 07:58:29 -07'00' EXHIBIT C TO ACQUISITION AGREEMENT Page 4 of 6 Marana Regular Council Meeting 02/18/2020 Page 183 of 185 LON ADAMS ROADLON ADAMS ROADNEW RIGHT-OF-WAY EXHIBIT BARNETT ROAD GRIER ROAD Jim Crume Digitally signed by Jim Crume Date: 2019.11.06 07:58:45 -07'00' EXHIBIT C TO ACQUISITION AGREEMENT Page 5 of 6 Marana Regular Council Meeting 02/18/2020 Page 184 of 185 CURVE TABLE LINE TABLE LON ADAMS ROAD NEW RIGHT-OF-WAY EXHIBIT Jim Crume Digitally signed by Jim Crume Date: 2019.11.06 07:58:59 -07'00' EXHIBIT C TO ACQUISITION AGREEMENT Page 6 of 6 Marana Regular Council Meeting 02/18/2020 Page 185 of 185