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Home My WebLink AboutAMENDED Regular Council Meeting Agenda Packet 12/15/2020AMENDED DECEMBER 11, 2020 @ 8: 40 a.m. MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 15, 2020, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, 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 December 15, 2020, at or after 6:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all electronic devices. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 6:00 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 atMeetingsAMENDEDRegularCouncilMeeting 12/15/2020 Page 1 of 219 Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.maranaaz.gov under Agendas and Minutes. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at (520) 382-1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities.Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members oftheAMENDEDRegularCouncilMeeting12/15/2020 Page 2 of 219 Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P1 Relating to the 2020 Census; presentation of information pertaining to the 2020 Census, including a recap of the efforts completed in Pima County, as well as additional US Census Bureau data and a 2021 look ahead (Heath Vescovi-Chiordi) CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C1 Resolution No. 2020-130;Relating to Development;approving a preliminary plat for Summerstone, Lots 1 through 150, and Common Areas A"through D" and Block 1 located south and west of Coachline Boulevard, north of Twin Peaks Road,and east of Silverbell Road Brian D. Varney) C2 Resolution No. 2020-131; Relating to Development; approving a preliminary plat for Joplin Estates, Lots 1-185,and Common Areas "A",B",and C-1" - C-9"located east of Interstate 10, approximately a half-mile south of Linda Vista Boulevard (Brian D. Varney) C3 Relating to Procurement; approving a change order to the contract with Kittelson & Associates Inc., in the amount of $67,777.00 for the Lon Adams Road Reconstruction Project (ST068); 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) AMENDED Regular Council Meeting 12/15/2020 Page 3 of 219 C4 Approval of the Study Session Council Meeting Summary Minutes of December 8, 2020, and the Council Regular Meeting Summary Minutes of December 1, 2020 (Cherry L. Lawson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 PUBLIC HEARING: Ordinance No. 2020.021: Relating to Development; amending Town Code Chapter 17-5 (Subdivisions), section 17-5-3 (Subdivision requirements) by deleting existing subparagraph B.9 (Recreational area) and replacing it with revised subparagraph B.9 (Recreational area); and adopting the Town of Marana Subdivision Recreational Area Design Manual (Anita McNamara) Resolution No. 2020-132: Relating to Development; declaring revised subparagraph B.9 (Recreational area) of Town Code Chapter 17-5 Subdivisions), section 17-5-3 (Subdivision requirements) and the Town of Marana Subdivision Recreational Area Design Manual adopted by Marana Ordinance No. 2020.021 as public records filed with the Town Clerk (Anita McNamara) A2 Resolution No. 2020-133: Relating to Real Estate; vacating a portion of that public right-of-way of West Tangerine Road, west of Interstate 10, fronting property owned by Tangerine/I-10 LLC and International Center Tucson LLC/Secundus Tucson LLC (Jane Fairall) A3 Resolution No. 2020-134: Relating to Development; approving and authorizing the Mayor to sign the Fifth Amendment to the Gladden Farms II Development Agreement (Jane Fairall) A4 Resolution No. 2020-135: Relating to Development; approving the Final Plat for Saguaro Bloom "7B", Lots 203-377, Common Areas "A" (Drainage/Open Space) and “B” (Park), generally located at the southeast corner of the intersection of Lambert Lane and Saguaro Peaks Boulevard; and authorizing the Town Engineer to sign the TEP easement (Justin Currie) A5 Resolution No. 2020-136: Relating to Intergovernmental Relations; adopting a 2021 Town of Marana Legislative Policy Priority Program and authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue it (Heath Vescovi-Chiordi) AMENDED Regular Council Meeting 12/15/2020 Page 4 of 219 A6 Resolution No. 2020-137: Relating to Personnel; approving a mid-year Team Performance Pay increase effective as of the pay period starting on January 2, 2021 for eligible Town of Marana employees and approving a corresponding budget capacity transfer from the general fund contingency line item to each applicable department budget in the Fiscal Year 2020-2021 budget (Curry C. Hale) A7 Ordinance No. 2020.022: Relating to Utilities; rescinding Marana Ordinance No. 2020.006, as extended by Marana Ordinance No. 2020.007, which temporarily suspended enforcement of Marana Town Code Section 14-5-4 Nonpayment of delinquent bill; filing of lien; interest) as it relates to disconnecting utility service for non-payment; and authorizing Town staff to implement payment plan options and other customer assistance programs for the collection of delinquent payments Amanda Jones) ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema) 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)(4) for discussion or consultation with the Town’s attorneys in order to consider the Town’s position and instruct its attorneys regarding the Town’s position regarding possible litigation and/or settlement negotiations related to the One Arizona Opioid Settlement Memorandum of Understanding. E3 Executive session pursuant to A.R.S. § 38-431.03(A)(7) for discussion or consultation with the Town Manager, Town Engineer, and Town Attorney, as designated representatives of the Town, in order to consider the Town’s position and instruct its representatives regarding negotiations for the sale or lease of interests in real property located on the south side of Silverbell Road between its two AMENDED Regular Council Meeting 12/15/2020 Page 5 of 219 Continental Reserve Loop intersections and consisting of the Picture Rocks Wash drainageway, Pima County Assessor’s Parcel No. 221-21-004E, for flood control purposes. FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT AMENDED Regular Council Meeting 12/15/2020 Page 6 of 219 Council-Regular Meeting P1 Meeting Date:12/15/2020 To:Mayor and Council Submitted For:Heath Vescovi-Chiordi, Assistant to the Town Manager From:Heath Vescovi-Chiordi, Assistant to the Town Manager Date:December 15, 2020 Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area Additional Info: N/A Subject:Relating to the 2020 Census; presentation of information pertaining to the 2020 Census, including a recap of the efforts completed in Pima County, as well as additional US Census Bureau data and a 2021 look ahead (Heath Vescovi-Chiordi) Discussion: N/A Staff Recommendation: Presentation only. Suggested Motion: Presentation only. Attachments Census 2020 Recap Presentation AMENDED Regular Council Meeting 12/15/2020 Page 7 of 219 Thank You Presented By: Maria Vianey Valdez-Cardenas Town of Marana, Arizona Mayor and Council Regular Meeting December 15, 2020 at 6:00pm 1AMENDEDRegularCouncilMeeting12/15/2020 Page 8 of 219 Introductions 2020 Census National Recap 2020 Census Regional Recap What’s Next in 2021 U.S. Census Bureau Data Services 2 Agenda AMENDED Regular Council Meeting 12/15/2020 Page 9 of 219 2020 Census: Measuring Response Rates Response Rates National Self-Response Rate: 67% Projected Self-Response Rate: 65.6% Response Rate in 2010: 66.5% First Nationwide Census Available Online No down time No data breaches Average Response Time: 9 minutes How did people respond? Internet (easiest and preferred): 79.86% Mail: 18.3% Phone: 1.85% 3 https://www.census.gov/content/dam/Census/newsroom/press-kits/2020/20201021- transcript-2020-census-op-brief.pdfAMENDEDRegularCouncilMeeting12/15/2020 Page 10 of 219 Nonresponse Followup (NRFU) NRFU Workload: 33% of U.S. Households 2020: 64 million addresses counted in a 68- day period 2010: 47.2 million addresses counted in a 69- day period As of October 16, 24.1% Proxy (23.8% in 2010) Use of Administrative Records: 13.9% (22.5% projected) 4 https://www.census.gov/content/dam/Census/newsroom/press- kits/2020/20201021-transcript-2020-census-op-brief.pdfAMENDEDRegularCouncilMeeting12/15/2020 Page 11 of 219 2020 Census National Recap VALUE] VALUE] VALUE] VALUE] VALUE] VALUE] 0 50,000 100,000 150,000 200,000 250,000 Service-Based Enumeration SBE) Targeted Non-Sheltered Outdoor Locations TNSOL) Group Quarters Facilities Special Operations 2010 2020 5 https://www.census.gov/content/dam/Census/newsroom/press-kits/2020/20201021- transcript-2020-census-op-brief.pdfAMENDEDRegularCouncilMeeting12/15/2020 Page 12 of 219 2020 Census Recap Denver Region/Dallas RCC Partnership Specialists: 313 Includes Tribal and Media (pivoted from in-person to virtual) Enumerators: 48,439 Technology enabled higher productivity Area Census Offices (ACOs): 50 Adapted to wildfires, social unrest, hurricanes, and a pandemic PPE ordered and distributed Partners: 67,619 Complete Count Committees (CCCs): 1,261 Includes 11 State CCCs 6AMENDEDRegularCouncilMeeting12/15/2020 Page 13 of 219 State Self-Response Rates 7 https://public.tableau.com/profile/us.census.bureau#!/vizhome/2020CensusSelf- ResponseRankings/RankingsDashboard State Response Rate U.S. Ranking Nebraska 71.9% 4 Utah 71.0% 10 Colorado 70.0% 14 Kansas 69.8% 15 South Dakota 67.5% 23 North Dakota 65.2% 29 Arizona 64.1% 32 Texas 62.8% 39 Wyoming 61.1% 40 Oklahoma 61.0% 41 Montana 60.4% 45 New Mexico 58.7% 48 National 67% AMENDED Regular Council Meeting 12/15/2020 Page 14 of 219 What’s Next in 2021 State Populations Counts Projected release: December 31, 2020 (as close to the statutory dates as possible) Redistricting Counts Available 2021 (TBD) Post Enumeration Survey (PES) Measures the quality of the 2020 Census and produces the undercount and overcount End of data collection October 2021 Projected release (TBD) Ongoing Monthly Surveys American Community Survey (ACS) release: December 10, 2020 Field Representative/Interviewer positions regionwide 8AMENDEDRegularCouncilMeeting12/15/2020 Page 15 of 219 What’s Next in 2021 Household Surveys Top Five Household Surveys Household Pulse Survey American Community Survey (ACS) Current Population Survey (CPS) National Crime Victimization Survey (NCVS) National Health Interview Survey (NHIS) 9 https://www.census.gov/programs-surveys/surveyhelp/about-household-surveys.html AMENDED Regular Council Meeting 12/15/2020 Page 16 of 219 Data Services Data Dissemination Program The Census Bureau’s Data Dissemination Specialists are a core team of data experts and trainers who work directly with our customers, training them on how to access their data and learning more about their needs. To request training, please email: census.askdata@census.gov 10 https://www.census.gov/data/academy/topics/data-census-gov.html AMENDED Regular Council Meeting 12/15/2020 Page 17 of 219 Thank you Your participation during the 2020 Census was monumental. It was trusted voices like yours that helped shape the future of our community for the next 10 years. Without your efforts this would not have been possible. 11AMENDEDRegularCouncilMeeting12/15/2020 Page 18 of 219 12 Town of Marana, Arizona AMENDED Regular Council Meeting 12/15/2020 Page 19 of 219 Council-Regular Meeting C1 Meeting Date:12/15/2020 To:Mayor and Council From:Brian Varney, Senior Planner Date:December 15, 2020 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2020-130;Relating to Development;approving a preliminary plat for Summerstone, Lots 1 through 150, and Common Areas A"through D" and Block 1 located south and west of Coachline Boulevard, north of Twin Peaks Road,and east of Silverbell Road Brian D. Varney) Discussion: Request Perry Engineering,representing Crown West Land Group,is requesting approval of a preliminary plat for Summerstone, Lots 1 through 150 and Common Areas "A" (Open Space Conservation), "B" (Drainage / Detention Basin),C" (Utility Access), and D"Recreation, Landscape and Bufferyards), and Block 1. Zoning and Land Use The 41.67 acres subject to the proposed plat is part of the 45.30 acre La Puerta Del Norte East Annexation approved by the Marana Town Council on September 15, 2020 by the adoption of Marana Ordinance No. 2020.011. At annexation, the Pima County zoning was translated to Marana R-3.5 (Residential) with conditions and restrictions approved by a variance issued to the property owner by the Pima County Board of Adjustment, District No. 3 prior to the annexation. The additional conditions and restrictions are as follows: No more than 150 single-family residences shall beconstructed1. All homes shall be constructed as one-story2. The minimum lot size shall be 4,800 squarefeet3. The minimum front yard setback shall be 20feet4. The minimum side yard setback shall be fivefeet5. The minimum rear yard setback shall be ten feet6. The preliminary plat proposes 150 residential lots. The subdivision minimum lot size AMENDED Regular Council Meeting 12/15/2020 Page 20 of 219 is 4,800 square feet with a maximum lot size of 9,441 square feet, and an average lot size of 5,763 square feet. The density proposed for this subdivision is 3.6 residences per acre.The R-3.5 (Residential) development standards will apply along with the additional conditions and restrictions identified above.All lots will be subject the Town's Residential Design Standards. Recreation Area Onsite private recreational facilities are proposed in accordance with the requirements of the La Puerta Del Norte East Pre-Annexation Development Agreement.Active and passive recreation is proposed to include a central park area (31,157 square feet) containing amenities such as a turfed area,a shaded playground, a ramada covered picnic table, bench seating,dog waste stations, and shade trees. A dog park of approximately 19,728 square feet is also proposed. The dog park contains amenities such as a fenced dog run area, dog waste stations, picnic table, bench seating, pet drinking fountain, and trash receptacles. Two additional recreation areas totaling 25,548 square feet are provided that will each include bench seating, shade trees, and a decomposed granite walking path. A cultural preservation area of approximately 430,090 square feet exists in the west half of the development and has been set aside as open space and Common Area "C". Access and Traffic Circulation Access will be provided directly from Coachline Blvd. on the north of the proposed development, as well as from Linda Vista Blvd.on the south.The property owner will be required to improve Linda Vista Blvd. in order to provide secondary access to the subdivision to and from Silverbell Road, west of the subdivision.In accordance with the La Puerta Del Norte East Pre-Annexation Development Agreement, the Town will financially participate in the improvement of Linda Vista Blvd. through a developer reimbursement of a portion of the Town's construction sales tax generated from the development of the property. The preliminary plat proposes one mile of new public streets that will be dedicated to, and maintained by, the Town. The new streets will use the Town's 42-foot street section with sidewalks attached to the curb. Neighborhood Design Plan In accordance with the Town Residential Design Standards, a Neighborhood Design Plan NDP) has been reviewed and accepted by staff, and has been included as an attachment to this report.The home builder will be required to submit a Residential Design Plan at the time of review of the model home plans and shall comply with the Town's architectural standards for home construction. Utility Service The proposed subdivision is located within the Marana Water service area and the Town's assured water supply shall apply to the property. The developer shall be responsible for the construction of all on-site water utility infrastructure in accordance with the development agreement. Block 1, in the southeast corner of the proposed plat, will be dedicated to the Town by final plat in order to accommodate the expansion of an AMENDED Regular Council Meeting 12/15/2020 Page 21 of 219 existing Town well site adjacent to the proposed block. The well site expansion will include the construction of a 100,000 gallon water storage tank. In exchange for the dedication of the land area for the tank,the Town will abandon approximately 10,000 square feet of land area near the center of the project containing an abandoned Marana Water well, and convey the property to the property owner. The proposed plat is located within the wastewater service area of Pima County Regional Wastewater Reclamation Department. The property owner must show evidence of wastewater system approval to the Town prior to any building permits being issued for the development. Planning Commission Recommendation The preliminary plat was considered by the Marana Planning Commission at its November 18, 2020, meeting.The Commission voted unanimously by a vote of 4-0 to recommend approval of the plat by the Town Council. Financial Impact: In accordance with the La Puerta Del Norte East Pre-Annexation Development Agreement (adopted by Marana Resolution No. 2020-095), the Town will financially participate in improvements to Linda Vista Boulevard through reimbursement to the developer of a portion of the Town construction sales taxes generated from the development of the property. The agreement states that the Town's share of the public improvement costs shall be 50% of all public improvement costs for the Linda Vista improvements, and that the Town's reimbursements shall not exceed 400,000.00.Additionally, the agreement states that the Town will waive 50% of all plan review fees and inspection and construction permit fees for the Linda Vista improvements.It is anticipated that such reimbursement will not commence earlier than fiscal year 2021-2022. Staff Recommendation: Staff has reviewed the request against the requirements of Marana Ordinance No. 2020.011, the La Puerta Del Norte East Pre-Annexation and Development Agreement,the Marana Land Development Code,the Marana General Plan, and the Marana Town Code. This preliminary plat is in substantial conformance with all required development regulations, and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2020-130, approving a preliminary plat for Summerstone,Lots 1 through 150 and Common Areas "A" through "D" and Block 1. Attachments Resolution No 2020-130 PRV2008-001 Summerstone PP AMENDED Regular Council Meeting 12/15/2020 Page 22 of 219 PRV2008-001 SUMM PP NDP PRV2008-001 SUMM PP Map PRV2008-001 SUMM PP Commission Minutes PRV2008-001 SUMM PP App AMENDED Regular Council Meeting 12/15/2020 Page 23 of 219 Marana Resolution No. 2020-130 MARANA RESOLUTION NO. 2020-130 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR SUMMERSTONE, LOTS 1 THROUGH 150, AND COMMON AREAS “A” THROUGH D” AND BLOCK 1 LOCATED SOUTH AND WEST OF CO ACHLINE BOULEVARD, NORTH OF TWIN PEAKS ROAD, AND EAST OF SILVER BELL ROAD WHEREAS on September 1, 2020, the Mayor and Town Council adopted Marana Resolution No. 2020-095 authorizing the Mayor to sign the Intergovernmental Agreement among Pima County, the Pima County Flood Control District, and the Town of Marana regarding Open Space near the El Rio Preserve ; the La Puerta Del Norte East Pre - Annexation Development Agreement; and the annexation petition for the Town-owned properties in the La Puerta Del Norte East annexation area; and authorizing staff to de - annex Town-owned properties from the La Puerta Del Norte Mobile Home Subdivision Declaration of Restrictions; and WHEREAS on September 15, 2020, the Mayor and Town Council adopted Marana Ordinance No. 2020.011, approving an annexation of 45.30 acres of land known as the La Puerta Del Norte East Annexation, for which the zoning was translated from Pima County zoning to the Town of Marana zoning of R-3.5 (Residential) (the “Annexation Area”); WHEREAS Perry Engineering, representing Crown West Land Group, has applied for approval of a preliminary plat for Summerstone, Lots 1 through 150, and Common Areas “A” (Open Space Conservation), ”B” (Drainage / Detention Basin), “C” Utility Access), and “D” (Recreation, Landscape, and Bufferyards), and Block 1 located in the Annexation Area, south and west of Coachline Blvd., north of Twin Peaks Road, and east of Silverbell Road; and WHEREAS the Mayor and Town Council, at its December 15, 2020 meeting, determined that the preliminary plat for Summerstone should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the preliminary plat for Summerstone, Lots 1 through 150 and Common Areas “A” through “D” and Block 1 is hereby approved. AMENDED Regular Council Meeting 12/15/2020 Page 24 of 219 Marana Resolution No. 2020-130 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of December, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney AMENDED Regular Council Meeting 12/15/2020 Page 25 of 219 REFERENCE SITE PLAN N W Feet 0 200 400 PERRY ENGINEERING N THIS PROJECT SUNFLOWER PHASE VIM+ P 55021SUNFLOWERPHASE IIM+P 51001SUNFLOWER PHASE V M+P 53045LA PUERTA DEL NORTEM+P 15076CONTINENTAL RANCH M+ P 55026 EL RIO ATNELUNOGORDO ( PUBLIC, EXISTING) N EL UNOMINOR (PUBLIC, EXISTING) WLINDAVISTABL (PUBLIC, EXISTING)N C O A C H LINEBLP UB LICE X I S T I N G PUBLIC. EXISTING)PUBLIC, EXISTING)N BROSS RDDO C 1 0 8 6 7 P G 2 9 8 3 BK17, PG 37 WOAS ISSTSHEET2SHEET 3 SHEET 3 SHEET 4 SHEET 4 SHEET 5 SHEET 5 SHEET 6N SOLSTICE AVSUMMERSTONE( P U B L I C E X I S T I N G AVNW W. C O A C H LIN E B L V D EXCLUDED) 226-03-002F 226-05-009A W. O A SIS S T N. EL UNO GORDO(PU B LIC EXI S T I N GPU B LIC EXI S T I N G PUBLIC, EXISTING)N Feet 0 40 80 PERRY ENGINEERINGLA PUERTA DEL NORTEM+P15076CONTINENTALRANCHM+P55026 ELRIO ATSUNFLOWERPHASEVIM+ P 55021DOC10867P G 2 9 83NSUMMERSTONEAVNS O L S T I C E A V M+P PUBLIC, EXISTING)( PUBLIC, EXISTING)N. EL UNO GORDOW. CALLE BRUCE NFeet 0 40 80 PERRY ENGINEERINGSUNFLOWER PHASE VIM+P 55021LA PUERTA DEL NORTEM+P 15076N SOLSTICE AVN SUMMERSTONE N. EL UNO GORDO(PUBLIC, EXISTING)( PUBLIC, EXISTING)W. CALLE BRUCEN Feet 0 40 80 PERRY ENGINEERINGSUNFLOWER PHASE VIM+P 55021LA PUERTA 226-05-0810W. DOS ROTUNDO N. EL UNO GORDON. BROSS ROAD(PUBLIC, EXISTING)(PUBLIC, EXISTING)( PUBLIC, EXISTING)N Feet 0 40 80 PERRY ENGINEERINGSUNFLOWER PHASE IIM+ EXCLUDED) 226-03-002A 226-05-152C 226-05-152A 226-05-152B226-05-153B226-05-154B W. LINDA VISTA BLVD. N. BROSS ROAD( PUBLIC)( PUBLIC, EXISTING)N Feet 0 40 80 PERRY ENGINEERING BK 17, PG 37 SUNFLOWER PHASE IIM+P 51001SUNFLOWER PHASE V M+ P 53045 SUNFLOWER PHASE V M+P 53045 N SOLSTICE AVSUNFLOWER COMM. ASSOC. INC.DOC. 12032, PG. 7123 AMENDED Jim Portner, Agent for OwnerPROJECTS INTERNATIONAL, INC. Jim Portner, Agent forOwnerPROJECTSINTERNATIONAL, INC. MES MES MES Jim Portner, Agent forOwnerPROJECTSINTERNATIONAL, INC. Latitude Geographics Group Ltd. 0.6 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.6 Notes 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. 0.280 1:18,056 PRV2008-001 Summerstone PreliminaryPlatTownofMaranaPlanning Marana Addresses Marana Town Limits Parcels (Black) Twin Peaks Road I n t e r s t a t e 1 0 CoachlineBlvd.Coachli neBl v d PRV2008-001SummerstoneTwin Peaks RoadCoachlineB l vd S i l v e rb e l lR o a dSilverbell RoadAMENDED Regular Council Meeting 12/15/2020 Page 1 | P a g e MARANA PLANNING COMMISSION REGULAR COMMISSION MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 18, 2020, at or after 6:30 P.M. Thomas Schnee, Chairman Ronald Hill, Vice Chair Don Duncan, Commissioner Terry Fehrmann, Commissioner Richard Miller, Commissioner Bryan Schachter, Commissioner Sharon Tyson, Commissioner SUMMARY MINUTES CALL TO ORDER Chairman Schnee called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE ROLL CALL Chairman Schnee directed the Commission Secretary to call roll. Commissioners Tyson, Miller, and Schachter were excused. A quorum was present. CALL TO THE PUBLIC Chairman Schnee opened the meeting to receive public comments. No comments were offered by the public. APPROVAL OF AGENDA Motion to move Public Hearing Item PCM2010-001 to follow Commission Action items by Chairman Schnee, seconded by Vice Chair Hill. Motion passed unanimously, 4-0. ANNOUNCEMENTS AMENDED Regular Council Meeting 12/15/2020 Page 44 of 219 2 | P a g e GENERAL ORDER OF BUSINESS Approval of the Regular Planning Commission Meeting Minutes of October 28, 2020. Motion to approve by Vice Chair Hill, seconded by Commissioner Fehrmann. Motion passed unanimously, 4-0. COMMISSION ACTION 1. PCM2011-001 Waiver of Subdivision Requirements for Joplin Estates. A request for a waiver of subdivision requirement to underground existing electrical utilities adjacent to a proposed residential development (Brian D. Varney) Brian Varney, Senior Planner stated this is a request for a waiver from the requirement to underground a portion of an existing overhead utility line in the proposed Joplin Estates subdivision. Section 17-5-3.B of the Marana Town Code requires overhead lines on-site and adjacent to the site to be undergrounded, however it also provides an option for the Planning Commission to waive the underground requirements. Mr. Varney noted that the existing overhead lines passing through the proposed development will be undergrounded. The applicant is requesting the 650 foot section along the property boundary to be waived from undergrounding. This section serves 3 adjacent residential properties; however will not serve the subdivision. Town staff has no objection to the request and supports the Planning Commission approving the waiver. Chairman Schnee had no issues with the request. No other comments were offered by the Commission. Motion to approve by Chairman Schnee, seconded by Commissioner Duncan. Motion passed unanimously, 4-0. 2. PRV1909-003 Preliminary Plat for Joplin Estates. A request for a recommendation to the Marana Town Council for approval of the Preliminary Plat for Joplin Estates, Lots 1 through 185, and Common Areas "A" (Open Space, Drainage), "B" (Open Space, Drainage, Utilities) and "C-1" - "C-9" (Open Space, Drainage, Recreation). (Brian D. Varney) Brian Varney, Senior Planner stated this is a request for recommendation to the Town Council for approval of a preliminary plat for the Joplin Estates. The location is east of I-10, approximately one-half mile south of Linda Vista Blvd. The site is a total of 52 acres. The zoning is split between R-35 SFR (33.71 acres) and R-6 SFR (18.29 acres.) 185 residential lots, as well as common areas are proposed. The primary access will be off of the future Camino Benicardo in three locations. Camino Benicardo is a right-of-way that will be dedicated at final plat and constructed by the developer. Camino Benicardo will eventually extend to Linda Vista Blvd. Mr. Varney noted the Neighborhood Design Plan consists of 79,000 sq. ft. of active recreation area, 12,000 sq. ft. of dog park area, a 10-foot wide trail through the subdivision that will eventually connect to another trail in the Linda Vista Village at Cascada project to the north. AMENDED Regular Council Meeting 12/15/2020 Page 45 of 219 3 | P a g e Chairman Schnee asked if Camino Benicardo is planned to connect to Cortaro Road. Mr. Varney stated that eventually there will be a seamless connection between Linda Vista Blvd. and Cortaro Road. No further comments were offered by the Commission. Motion to approve by Chairman Schnee, seconded by Vice Chair Hill. Motion passed unanimously, 4-0. 3. PRV2008-001 Preliminary Plat for Summerstone. A request for a recommendation to the Marana Town Council for approval of the Preliminary Plat for Summerstone, Lots 1 through 150, and Common Areas "A" through "D" and Block 1 generally located south and west of Coachline Blvd., north of Twin Peaks Road, and east of Silverbell Road. (Brian D. Varney) Brian Varney, Senior Planner stated this is a request for recommendation to the Town Council for approval of a preliminary plat. This project is located south and west of Coachline Blvd, north of Twin Peaks Road, east of Silverbell Road. The 42-acre parcel was recently annexed in September 2020 by the Town. The zoning (translated through the annexation) has been approved for R-3.5 SFR. A total of 150 residential lots and 4 common areas are proposed. The access will be off Coachline Blvd. to the north and Linda Vista Blvd. to the south. One mile of public internal streets are proposed. Mr. Varney noted that the Town has an agreement with the developer to improve Linda Vista Blvd. out to Silverbell Road. The road will be improved to the Town’s Street Standards. The Neighborhood Design Plan consists of a cultural preservation area – approximately 10 acres, a primary park – 31,157 sq. ft., a dog park 19,728 sq. ft., and two small park areas. Chairman Schnee liked the idea that Linda Vista Blvd. would be improved. No further comments were offered by the Commission. Motion to approve by Chairman Schnee, seconded by Commissioner Fehrmann. Motion passed unanimously, 4-0. 4. PRV2006-001: Preliminary Plat for Tortolita Ridge. A request for a recommendation to the Marana Town Council for approval of a Preliminary Plat for Tortolita Ridge, Lots 1-32 and Common Areas “A” through “C” generally located .75 miles north of Moore Road on the west side of Tortolita Road. (Cynthia Ross) Cynthia Ross, Senior Planner stated the 17.3 acre plat consists of 32 single-family residential lots and three common areas. The zoning of the property is R-8 residential. The average lot size is 8,402 sq. ft. 45% of the site will be set aside as Natural Undisturbed Open Space. The rezoning conditions include Single-story homes on designated lots Decorate perimeter wall Construction of a park area Secondary emergency access to Tortolita Road Ms. Ross noted the applicant was approved for a design exception to replace the requirement of a secondary emergency access, with the installation of an automatic fire sprinkler system in each home. AMENDED Regular Council Meeting 12/15/2020 Page 46 of 219 4 | P a g e At the November 17, 2020 Town Council meeting Ordinance 2020-016 was approved and Condition #22 was amended with the revised requirement for developer-installed automatic fire sprinkler systems (acceptable to NW Fire) in each home in the rezoning area. This project will comply with the R-8 setback requirements and the rezoning conditions. The maximum building height of the homes is 28 feet, except for lots restricted to single story; those adjacent to the Tortolita Reserve subdivision to the south, as well as the lots south and west of the custom home on Tortolita Road. 5-foot decorative walls will be built along the south perimeter as well as along Tortolita Road. A 5,225 sq. ft. park will be constructed by the 32nd building permit. Chairman Schnee the only alternative would have been to limit the project to 30 homes had Town Council not approved the design exception, correct? Ms. Ross yes that would have been the only option. Chairman Schnee had no issues with the project. Commissioner Duncan would have liked to see the secondary access as part of the project but felt the fire sprinkler system is a good alternative. No other comments were offered by the Commission. Motion to approve by Chairman Schnee, seconded by Vice Chair Hill. Motion passed unanimously, 4-0. PUBLIC HEARINGS 1. PCM2010-001: Amending Chapter 17-5 Subdivisions revising Section 17-5-3 (Subdivision requirements) of the Marana Town Code revising the Town's subdivision requirements for private and common on-site recreation areas and adopting the Town of Marana Subdivision Recreational Area Design Manual. (Anita McNamara) Jason Angell, Development Services Director stated staff wanted to provide an update and ask for recommendation of some changes to the Subdivision Recreation Requirements. Mr. Angell stated at the Town Council study session in the fall of 2019, it was identified that the Town’s requirements were too low and the regulations were out of date and inadequate. The Town Council identified the need to update the town standards. Staff then negotiated with the developers on what was an acceptable standard for a subdivision, what type of amenities would be included? What size park would meet the neighborhood requirements? How does staff develop a minimum standard for the subdivision recreational amenities? Staff did a comparison between Marana, the surrounding communities in southern Arizona, as well as the Phoenix area. Staff then came back before Town Council with the following suggestions: Regulations based on lot size instead of RAC Need standards for trail connections and to allow certain amenities to be located within drainage basins Obtain input from stakeholders Use feedback to draft code and design manual December 2019-March 2020 staff held stakeholder meetings, one-on-one meetings, focus groups to get their input and feedback: AMENDED Regular Council Meeting 12/15/2020 Page 47 of 219 5 | P a g e The Town should have standards that utilize an in-lieu option (our current Code does allow for an in-lieu option but it is very general and the Town has never utilized it) Amenities based on demographics Keep in mind amenities can cause HOA fees to increase Credit for trails and trail connections Credit for drainage basin with amenities In April, the Town Council provided feedback: No NUOS credit toward meeting requirement The need to establish minimum standards in the Code, but should not over regulate for flexibility Request for additional information based upon our comparison to the other communities o That additional information was provided to Council on May 13, 2020 On September 22, 2020 staff presented a final draft document to Town Council. The Councils’ feedback: Liked the reduction of the threshold from 50 to 30 units (current Code states that subdivisions are not required to provide a park amenity until they have a minimum of 50 units and a 3 RAC) Liked the change to average lot size from zoning districts, rather than minimum lot size Liked the detention basin requirements, the credits given for trails, as well as for basin amenities They wanted to add requirement for average lots smaller than 6,000 sq. ft. to be broken into two categories (see table below) They wanted to increase the amount of park space required by square footage in those categories The Ordinance: Revises the minimum of square footage requirement Based on average lot size, not minimum lot size Applicable to subdivision with 30 or more lots Defines the in-lieu option Design manual reference Average Lot Size Current Recreation Area Requirement (sq. ft./unit) Proposed Recreation Area Requirement (sq. ft./unit) Less than 4,000 sq. ft. 185 500 4,000 to 5,999 sq. ft. 185 400 6,000 to 7,999 sq. ft. 185 300 8,000 t 16,000 sq. ft. 185 200 AMENDED Regular Council Meeting 12/15/2020 Page 48 of 219 6 | P a g e Design Manual: Recreation Area Plan (RAP) requirement process At preliminary plat (reviewed and approved administratively by staff) A la carte amenity point system options (starts at base-threshold) Trails/trail connections – 25% cap Use of drainage basins – 50% cap Development Agreement In-lieu option (a development agreement would need to be entered into and negotiated as part of the rezoning process, prior to the subdivision being approved) Alternative amenity allowance A la carte points Based upon the size of the park the developer has to provide, dictates the number of points. Turf, including artificial turf, shall be a minimum of 15% of the total recreational area Chairman Schnee opened and closed the Public Hearing, as there were no comments offered. Chairman Schnee liked the presentation. He felt the proposed revisions were detailed and easy to follow. He thought the RAP provides many options for the developer and builder and felt offering the in-lieu option and entering into a development agreement provides the developer and builder a lot of flexibility. Referencing the SAHBA letter where they requested the RAP be tied to the final plat rather than the preliminary plat, Chairman Schnee asked if the proposed recreation areas would be on the preliminary plat. Mr. Angell stated yes, the preliminary plat has to identify where the recreational spaces are placed, including the acreage. The RAP provides the details of the recreational areas; the amenities that will be added. You will not see those details on any of the preliminary plats. SAHBA concerns - because the developer submits the preliminary plat and the builder submits the final plat, should the developer be committing “said builder” to a specific list of amenities that they may not be happy with. Minimum Requirement (Base) Passive - 1 point each Active - 3 points each Enhanced - 5 points each Bench/picnic table Barbeque grill Playground equip. Community garden Pet waste station Turf* Swing set Fitness course Trash receptacle DG walking path Fitness structure Rectangle turf field Landscaping Shared-use path Group ramada Field w/backstop Shade structure Ramada 1/2 basketball court Community room Bike rack Drinking fountain Dog park Fitness room Horseshoe pit Comfort station Bocce court Splash pad Skate/wheel park Swimming pool AMENDED Regular Council Meeting 12/15/2020 Page 49 of 219 7 | P a g e Chairman Schnee asked and what would be the disadvantage of putting the RAP on the final plat? Mr. Angell noted he is not aware of any disadvantage of including the RAP on the final plat. With that being said, the majority of the time the builder has already committed at the preliminary plat phase. Most of the time staff knows who the builder is at the time of the preliminary plat. Commissioner Fehrmann because of the gaps in our growth spurts over the past few years it can take years to have a final plat submitted. She thought having the RAP in the preliminary plat is essential. She asked if there was the opportunity to update the RAP once it reaches the final plat stage, or would it be too late at that point. Mr. Angell it would not be too late. He agreed there are a number of examples in which a preliminary plat has been approved and would sit for years before staff sees movement. Then they come back and ask for an adjustment. Staff will know the location and estimated size of the parks at the time the preliminary plat is submitted. Commissioner Duncan and Vice Chair Hill liked the progressive plan and commended staff on a job well done. Chairman Schnee noted that since staff added the RAP at the preliminary plat phase, instead of the final plat, he has no issues with it, but he understood the request from the builders to add the RAP as part of the final plat. Motion to approve by Chairman Schnee, seconded by Vice Chair Hill. Motion passed unanimously, 4-0. INFORMATIONAL ITEMS/POSSIBLE ACTION ITEMS FUTURE AGENDA ITEMS ADJOURNMENT Chairman Schnee, moved and Commissioner Duncan second the motion to adjourn the meeting. Motion passed unanimously. Meeting adjourned at 7:24 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Planning Commission meeting held on November 18, 2020. I further certify that a quorum was present. Terri Byler, Commission Secretary AMENDED Regular Council Meeting 12/15/2020 Page 50 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 51 of 219 Council-Regular Meeting C2 Meeting Date:12/15/2020 To:Mayor and Council From:Brian Varney, Senior Planner Date:December 15, 2020 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2020-131; Relating to Development; approving a preliminary plat for Joplin Estates, Lots 1-185,and Common Areas "A",B",and C-1" - C-9"located east of Interstate 10, approximately a half-mile south of Linda Vista Boulevard (Brian D. Varney) Discussion: Request Perry Engineering,representing Joplin Estates, LLC,is requesting approval of a preliminary plat for Joplin Estates, Lots 1-185 and Common Areas "A" (Open Space, Drainage), "B"Open Space,Drainage,Utilities),and "C-1" through "C-9"Open Space, Drainage, Recreation) on 52 acres of land. Zoning and Land Use The Marana Town Council approved a rezoning of approximately 69.4 acres of land on June 18, 2019,by the adoption of Marana Ordinance No. 2019.010,changing the zoning of 52 acres from Zone E (Transportation Corridor Zone) and Zone C Large Lot Zone) to R-3.5 (Single-Family Residential) (33.7 acres) and R-6 (Single-Family Residential) (18.3 acres), and approximately 17.4 acres of land from Zone E Transportation Corridor Zone) to VC (Village Commercial). The 52 acres of R-3.5 and R-6 zoned land are subject to the proposed preliminary plat. The preliminary plat proposes 185 residential lots. Approximately 33.7 acres of the site consists of R-3.5 zoning lots 51-185), and 18.3 acres of land consisting of R-6 zoning (lots 1-50). The minimum lot size proposed within the R-3.5 zoned area is 4,800 square feet,the largest lot is 9,059 square feet, and the average lot size is 5,008 square feet.Within the R-6 zoned area, the minimum lot size proposed is 6,000 square feet, the AMENDED Regular Council Meeting 12/15/2020 Page 52 of 219 largest lot is 7,039 square feet, and the average lot size is 6,171 square feet.The gross density within the R-3.5 zoned area is 4.00 residence per acre (RAC) and 2.73 RAC within the R-6 zoned area.All lots within the development will be subject the Town's Residential Design Standards. Recreation Area An active recreation (park) area of approximately 1.81 acres, or 79,000 square feet in size, is proposed within the development. The recreation area will include amenities such as:a turfed play area;covered play structure;swing set;a ramada-covered picnic table;bench seating and additional uncovered tables;concrete and decomposed granite paths connecting the park area to the adjacent sidewalks.A 10-foot wide stabilized decomposed granite pedestrian path will be constructed at the top of the bank of the wash traversing the development and will provide connectivity to the subdivision to the north (Linda Vista Village at Cascada). Additionally,the development will provide a 12,000 square foot dog park that will include a ramada-covered picnic table, additional uncovered tables, a pet waste station,and a drinking fountain for both dogs and people. Access and Traffic Circulation The preliminary plat proposes a total of 1.63 miles of new public streets. Three points of access will be provided to the development directly from Camino Benicardo. Camino Benicardo will be designed and constructed by the property owner prior to or during the development of the subdivision and must tie into the segment of Camino Benicardo to be constructed to the north, through the planned Linda Vista Village at Cascada development.Pursuant to conditions of the rezoning for Joplin Estates,construction of Camino Benicardo must be substantially completed establishing paved public access from Joplin Estates to Linda Vista Boulevard prior to the issuance of any residential certificate of occupancy within Joplin Estates. Right-of-way for Camino Benicardo will be dedicated by final plat at a width of 90 feet along the projects' entire frontage. Neighborhood Design Plan In accordance with the Town's Residential Design Standards, a Neighborhood Design Plan has been reviewed and accepted by staff, and has been included as an attachment to this report.The home builder will be required to submit a Residential Design Plan at the time of review of the model home plans, and shall comply with the Town's architectural standards for home construction. Utility Service Water service will be provided to the subdivision by Marana Water. Sewer service will be provided by Pima County Regional Wastewater Reclamation Department. Planning Commission Recommendation The preliminary plat was considered by the Marana Planning Commission at its November 18, 2020 meeting. The Commission voted unanimously by a vote of 4-0 to recommend approval to the Town Council. Staff Recommendation: AMENDED Regular Council Meeting 12/15/2020 Page 53 of 219 Staff has reviewed the proposed preliminary plat against the requirements of Marana Ordinance No. 2019.010, the Marana Land Development Code,the Marana General Plan,and the Marana Town Code.The preliminary plat is in substantial conformance with all required development regulations, and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2020-131 approving a preliminary plat for Joplin Estates, Lots 1-185 and Common Areas "A", "B", and "C-1"C-9". Attachments Resolution 2020-131 PRV1909-003 JE PP PRV1909-003 JE PP NDP PRV1909-003 JE PP Map PRV1909-003 JE PP App AMENDED Regular Council Meeting 12/15/2020 Page 54 of 219 Marana Resolution No. 2020-131 MARANA RESOLUTION NO. 2020-131 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR JOPLIN ESTATES, LOTS 1-185, AND COMMON AREAS “A”, “B”, AND “C-1” – “C-9” LOCATED EAST OF INTE RSTATE 10, APPROXIMATELY A HALF-MILE SOUTH OF LINDA VISTA BOULEVAR D WHEREAS on June 18, 2019, the Mayor and Town Council adopted Marana O rdinance No. 2019.010 approving a rezoning of 69.4 acres of land changing the zoning of 52 acres from Zone E (Transportation Corridor Zone) and Zone C (Large Lot Zone) to R-3.5 (Single -Family Residential ) (33.7 acres) and R -6 (Single -Family Residential) (18.3 acres), and changing approximately 17.4 acres of land from Zone E (Transportation Corridor Zone) to VC (Village Commercial ); and WHEREAS the 52 acres rezoned to R -3.5 (Single -Family Residential) and R -6 Single-Family Residential) comprise the land area subject to this preliminary plat; and WHEREAS Perry Engineering, representing Joplin Estates, LLC has applied for approval of a preliminary plat for Joplin Estates, Lots 1-185 and Common Areas “A” Open Space, Drainage), “B” (Open Space, Drainage, Utilities), and “C -1” – “C-9” (Open Space, Drainage, Recreation) located east of Interstate 10, approximately one -half mile south of Linda Vista Boulevard; and WHEREAS the Mayor and Town Council, at its December 15, 2020 meeting, determined that the preliminary plat for Joplin Estates should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the preliminary plat for Joplin Estates, Lots 1-185 and Common Areas “A”, “B”, and “C-1” – “C-9” is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of December, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney AMENDED Regular Council Meeting 12/15/2020 Page 55 of 219 N THISPROJECT JOPLIN ESTATES PRELIMINARY PLAT N ZONED "C" PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " Two working days before you dig, CALL FOR THE BLUE STAKES REFERENCE PLAN COVER SHEET ZONED R-6 ZONED "F" ZONED "C" ZONED "C" ZONED "C"ZONED "C" ZONED "C" ZONED "F" SHEET 2 & 5 SHEET 4 & 7 SHEET 3 & 6 ZONED R 6 ZONED R 3.5 ZONED "R- 3.5" ZONED "VC"221-06-0100221-06-0090SHEET 14 AMENDED Regular Council MATCH LINE - SEE SHEET3CAMINO BENICARDON SHEET 3 PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " Two working days before you dig, CALL FOR THE BLUE STAKES 2 0 4080SEE SHEET 14SITE AND UTILITY PLAN DECLAN LANE BUSTER D RI V E SEE SH E E T 4 AMENDED Regular Council Meeting 12/15/2020 Page 57 of ZONED "C"ZONED "C" PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " Two working days before you dig, CALL FOR THE BLUE STAKES MATCH LINE - SEE SHEET 2 N Feet 0 40 80 MATCH LINE - SEE SHEET 4 3 SITE AND UTILITY PLAN ARENA VIEWDRIVEJOPLIN RAN C H R O A D ARENA RANCH DRIVE CAMINO BENICARDO SEE BELOWLEFT SEE ABOVE LEFTAMENDED Regular WWWW N PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " Two working days before you dig, CALL FOR THE BLUE STAKES 0 40 80 MATCH LINE - SEE SHEET 2MATCH LINE - SEE SHEET 3 4 SITE AND UTILITY PLAN JOPLIN RANCHROADSHELTERLOOPTROOPER DRIVESHELTERLOOPDEC L A N L A N E AMENDED Regular Council Meeting MATCH LINE - SEE SHEET6CAMINO BENICARDON SEE SHEE T 6 PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " Two working days before you dig, CALL FOR THE BLUE STAKES 5 DECLAN LANE BUSTER D RI V E GRADING AND DRAINAGE PLAN 0 40 80 SEE SH E E T 7 AMENDED Regular Council Meeting 12/15/2020 Page 60 of 219 ZONED "C"ZONED "C" PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " Two working days before you dig, CALL FOR THE BLUE STAKES MATCHLIN E S E E S H E E T 5 N Feet 0 40 80 MATCH LINE - SEE SHEET 7 6 ARENA VIEWDRIVEJOPLIN RAN C H R O A D GRADING AND DRAINAGEPLANARENA RANCH DRIVE CAMINO BENICARDOAMENDED Regular Council Meeting 12/15/2020 Page N PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " Two working days before you dig, CALL FOR THE BLUE STAKES Feet 0 40 80 MATCH LINE - SEE SHEET 5MATCH LINE - SEE SHEET 6 7 JOPLIN RANCH ROAD SHELTER LOOP TROOPERDRIVESHELTERLOOPGRADINGAND DRAINAGEPLANDECL A N D R I V E AMENDED Regular Council Meeting 8 N 0 40 80 BANK PROTECTION PROFILE PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " Two working days before you dig, CALL FOR THE BLUE STAKES AMENDED Regular Council Meeting 12/15/2020 Page 63 of 219 9 N Feet 0 40 80 PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " Two working days before you dig, CALL FOR THE BLUE STAKES BANK PROTECTION PROFILE AMENDED Regular Council Meeting 12/15/2020 Page 64 of 219 PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " Two working days before you dig, CALL FOR THE BLUE STAKES 10 0 40 80 BANK PROTECTION, NOTES AND DETAILS N REZONING NOTES: (ORDINANCE NO. 2019-010) AMENDED Regular Council Meeting 12/15/2020 Page 65 of 219 11 SECTIONS AND DETAILS PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " Two working days before you dig, CALL FOR THE BLUE STAKES AMENDED Regular Council Meeting 12/15/2020 Page 66 of 219 PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " Two working days before you dig, CALL FOR THE BLUE STAKES 12 SECTIONS AND DETAILS AMENDED Regular Council Meeting 12/15/2020 Page 67 of 219 13 SECTIONS AND DETAILS PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " Two working days before you dig, CALL FOR THE BLUE STAKES AMENDED Regular Council Meeting 12/15/2020 Page 68 of 219 N PRELIMINARY PLAT SHEET 14 OF 14 JOPLIN ESTATES - LOTS 1-185 FOR PERRYENGINEERING Blue Stake Center 1-800-STAKE-IT " 1-800-782-5348 Two working days before you dig, CALL FOR THE BLUE STAKES SECTION AND DETAILS SEE SHEET 2AMENDED Regular Council Meeting 12/15/2020 Page 69 NEIGHBORHOOD DESIGN PLAN JOPLIN ESTATES TOWN OF MARANA OCTOBER 23, 2020 PROJECT:JOP-01 FILE NAME:JOP01 NDP.DWG SCALE: 3" = 1 MILE NORTH LOCATION MAP A PORTION OF SECTIONS 22 & 23, T-12-S, R-12-E, G&SRB&M, TOWN OF MARANA, PIMA COUNTY, ARIZONA PRV1909-003 ENGINEER: PERRY ENGINEERING 505 W WETMORE ROAD TUCSON, AZ 85705 ATTN: KEN PERRY TEL: 520-620-9870 REFERENCE NUMBERS: THEPLGCEANNNINERT a d i v i iIsooonfnTPCGrup,c. e scrconegtetu osn az857012600ss OWNER: JOPLIN ESTATES, LLC 6340 N CAMPBELL AVENUE, #278 TUCSON, AZ 85718 ATTN: DORON SEARS TEL: 520-529-8217 LPR1909-004 CASE NUMBER: THIS PROJECT PCZ1801-001 AMENDED Regular Council Meeting 12/15/2020 Page 70 of 219 PLAN: OVERALL NORTH PROJECT:JOP-01 FILE NAME:JOP01 NDP.DWG 0' 100' SCALE: 1"-200'-0" 200' NOTE: INFORMATION DEPICTED HERE IS CONCEPTUAL AND SUBJECT TO CHANGE AT TIME OF CONSTRUCTION. WASH JOPLIN ESTATES ENTRY SIGN CLUSTER MAILBOX CLUSTER MAILBOX CLUSTER MAILBOX CAMINO BENICARDO( 3) LOGOCOLUMNS THEPL GCEANNNIN ERT a d i vii Isooonf nTPCGrup,c.escrconeg tetu osn az 857012600ss 3) LOGO COLUMNS CLUSTER MAILBOX PARK DOG PARK C'CA' AB'B MAIN TRAIL STABILIZED DG)TRAIL TO PARK STABILIZED DG)AMENDED Regular Council Meeting 12/15/2020 PLAN: STREET TREES JOPLIN ESTATES NORTH PROJECT:JOP-01 FILE NAME:JOP01 NDP.DWG 0' 100' SCALE: 1"-200'-0" 200' NOTE: INFORMATION DEPICTED HERE IS CONCEPTUAL AND SUBJECT TO CHANGE AT TIME OF CONSTRUCTION. WASH PARKCAMINO BENICARDOSTREET TREE: ONE (1) STREET TREE IS REQUIRED IN THE FRONT 10' OF EACH LOT TO SATISFY THE STREET TREE REQUIREMENT. THEPLGCEANNNIN ERT a d i v i iIsooonfnTPCGrup,c. e scrconegtetu osn az857012600ss DOG PARK AMENDED Regular Council Meeting 12/15/2020 Page 72 of 219 PLAN: PEDESTRIAN TRAIL JOPLIN ESTATES NORTH PROJECT: DATE:JOP-01 FILE NAME:JOP01 NDP.DWG 0' 100' SCALE: 1"-200'-0" 200' MAIN TRAIL - 10' WIDTH STABILIZED DG) LEGEND NOTE: INFORMATION DEPICTED HERE IS CONCEPTUAL AND SUBJECT TO CHANGE AT TIME OF CONSTRUCTION. WASH PARKCAMINO BENICARDOTHEPLGCEANNNIN ERT a d i v i iIsooonfnTPCGrup,c. e scrconegtetu osn az857012600ss DOG PARK 03/20/20 TRAIL TO PARK STABILIZED DG) AMENDED Regular Council Meeting 12/15/2020 Page 73 of 219 PLAN: PARK DETAIL NORTH PROJECT:JOP-01 FILE NAME:JOP01 NDP.DWG 0'15' SCALE: 1"-30'-0" 30' NOTE: INFORMATION DEPICTED HERE IS CONCEPTUAL AND SUBJECT TO CHANGE AT TIME OF CONSTRUCTION.JOPLIN ESTATES PICNIC TABLE TURF THEPLGCEANNNIN ERT a d i v i iIsooonfnTPCGrup,c. e scrconegtetu osn az857012600ss SWING SET BENCH, TYP. PLAYGROUND WITH SHADE STRUCTURE RAMADA W/ PICNIC TABLE CLUSTER MAILBOX DRINKING FOUNTAIN PICNIC TABLE TRAIL TO PARK STABILIZED DG) CONCRETE WALK CONCRETE WALK AMENDED Regular Council Meeting 12/15/2020 Page 74 of 219 PLAN: DOG PARK DETAIL NORTH PROJECT: DATE:JOP-01 FILE NAME:JOP01 NDP.DWG 0'15' SCALE: 1"-30'-0" 30' DG SURFACE 1/4" MINUS) NOTE: INFORMATION DEPICTED HERE IS CONCEPTUAL AND SUBJECT TO CHANGE AT TIME OF CONSTRUCTION.JOPLIN ESTATES BENCHES THEPLGCEANNNIN ERT a d i v i iIsooonfnTPCGrup,c. e scrconegtetu osn az857012600ss DUAL DRINKING FOUNTAIN DOGS & PEOPLE) PICNIC TABLE PICNIC TABLE PICNIC TABLE SHADE STRUCTURE 6' CHAIN LINK FENCE PET WASTE STATION PET WASTE STATION CONCRETE WALK AMENDED Regular Council Meeting 12/15/2020 Page 75 of 219 90' ROW SIDEWALK JOINT UTILITY TRENCH STREET 36'-6" SECTION A-A': MAJOR STREET PROJECT:JOP-01 FILE NAME:JOP01 NDP.DWG 0'6' SCALE: 1"-12'-0" 12' NOTE: INFORMATION DEPICTED HERE IS CONCEPTUAL AND SUBJECT TO CHANGE AT TIME OF CONSTRUCTION. JOPLIN ESTATES THEPLGCEANNNIN ERT a d i v i iIsooonfnTPCGrup,c. e scrconegtetu osn az857012600ssAMENDEDRegularCouncilMeeting12/15/2020 Page 76 of 219 46' ROW10' PUE 10' PUE SIDEWALK STREET SIDEWALK STREET TREE WITHIN 10' PUE STREET TREE WITHIN 10' PUE SECTION B-B': RESIDENTIAL STREET PROJECT:JOP-01 FILE NAME:JOP01 NDP.DWG 0'6' SCALE: 1"-12'-0" 12' NOTE: INFORMATION DEPICTED HERE IS CONCEPTUAL AND SUBJECT TO CHANGE AT TIME OF CONSTRUCTION. JOPLIN ESTATES THEPLGCEANNNIN ERT a d i v i iIsooonfnTPCGrup,c. e scrconegtetu osn az857012600ssAMENDEDRegularCouncilMeeting12/15/2020 Page 77 of 219 LOT WALL RAILING RIPRAP 10' TRAIL STABILZED DG) 14' TRAIL AREARESIDENTIALLOT WASH 165' WIDE WASH SECTION C-C': MAIN TRAIL AT WASH PROJECT:JOP-01 FILE NAME:JOP01 NDP.DWG 0'6' SCALE: 1"-12'-0" 12' NOTE: INFORMATION DEPICTED HERE IS CONCEPTUAL AND SUBJECT TO CHANGE AT TIME OF CONSTRUCTION. JOPLIN ESTATES THEPLGCEANNNIN ERT a d i v i iIsooonfnTPCGrup,c. e scrconegtetu osn az857012600ssAMENDEDRegularCouncilMeeting12/15/2020 Page 78 of 219 JOPLIN ESTATES JE JE ENTRY SIGN & LOGO COLUMN PROJECT:JOP-01 FILE NAME:JOP01 NDP.DWG 1 ENTRY SIGN ELEVATION SCALE: 1/2"=1'-0" NOTE: INFORMATION DEPICTED HERE IS CONCEPTUAL AND SUBJECT TO CHANGE AT TIME OF CONSTRUCTION. JOPLIN ESTATES 2 LOGO COLUMN ELEVATION SCALE: 1/2"=1'-0" STUCCO COLUMN STEEL PLATE WITH CUT OUT LETTERS. REFLECTIVE WHITE BACKING BEHIND PLATE. 2'-8" 1'-4"STEEL PLATE WITH CUT OUT LETTERS. REFLECTIVE WHITE BACKING BEHIND PLATE. STUCCO COLUMN STUCCO BAND STEEL LETTERS 7'-0" 13'-8"SLUMP BLOCK THEPL GCEANNNIN ERT a div i i IsooonfnTPCGrup,c.e sc r coneg tetu os n az 857012600ss NOTE: PROPOSED SIGNAGE SHALL BE REVIEWED UNDER A SEPARATE PERMIT, AND SHALL BE IN COMPLIANCE WITH TOWN OF MARANA'S SIGN REGULATIONS.NOTE: PROPOSED SIGNAGE SHALL BE REVIEWED UNDER A SEPARATE PERMIT, AND SHALL BE IN COMPLIANCE WITH TOWN OF MARANA'S SIGN REGULATIONS.AMENDED Regular Council Meeting 12/15/2020 PERIMETER WALL PROJECT:JOP-01 FILE NAME:JOP01 NDP.DWG 8"X6"X16" MASONRY BLOCK, INTEGRAL COLOR: DARK BROWN, SOLID BLOCK TOP COURSE 8"X6"X16" MASONRY BLOCK, INTEGRAL COLOR: DARK BROWN, SPLIT FACE FINISH 8"X6"X16" MASONRY BLOCK, INTEGRAL COLOR: LIGHT BROWN 16"X16" MASONRY COLUMN (CONSTRUCTED ENTIRELY OF SPLIT FACE BLOCK) CONSTRUCTED OF 8"X6"X16" MASONRY BLOCK W/ 18"X18" CAP, INTEGRAL COLOR: LIGHT BROWN, SPLIT FACE FINISH. 5'- 0" MIN.1 DECORATIVE PERIMETER WALL ELEVATION SCALE: 1/ 2"=1'-0"NOTE: INFORMATION DEPICTED HERE IS CONCEPTUAL AND SUBJECT TO CHANGE AT TIME OF CONSTRUCTION.JOPLIN ESTATES THEPL GCEANNNIN ERT a d ivi i Isooonf nTPCGrup,c.escrcon egte tuosnaz857012600ssAMENDEDRegularCouncilMeeting12/15/2020 Page PLAN: PERIMETER WALL JOPLIN ESTATES NORTH PROJECT:JOP-01 FILE NAME:JOP01 NDP.DWG 0' 100' SCALE: 1"-200'-0" 200' DECORATIVE PERIMETER WALL LEGEND NOTE: INFORMATION DEPICTED HERE IS CONCEPTUAL AND SUBJECT TO CHANGE AT TIME OF CONSTRUCTION. WASH CAMINOBENICARDOTHEPL GCEANNNIN ERT a d i v iiIsooonf nTPCGrup, c.escrconegte tuos naz857012600ssAMENDEDRegularCouncilMeeting12/15/2020 Page 81 of Latitude Geographics Group Ltd. 0.6 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.6 Notes 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. 0.280 1:18,056 PRV1909-003 Joplin EstatesTownofMaranaPlanning Marana Addresses Marana Town Limits Parcels (Black) PRV1909-003 Joplin Estates Linda Vista Blvd. Twin Peaks RoadIn t e rs t a t e 1 0 Marana Center Camino Benicardo (right-of-way)AMENDED Regular Council Meeting AMENDED Regular Council Meeting 12/15/2020 Page 83 of 219 Council-Regular Meeting C3 Meeting Date:12/15/2020 To:Mayor and Council Submitted For:Keith Brann, Town Engineer From:Dan Grossman, CIP Process Analyst Date:December 15, 2020 Strategic Plan Focus Area: Not Applicable Subject:Relating to Procurement; approving a change order to the contract with Kittelson & Associates Inc., in the amount of $67,777.00 for the Lon Adams Road Reconstruction Project (ST068); 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 2020- 2021 was adopted on July 21, 2020. The Lon Adams Rd. Reconstruction Project (ST068) was properly included within the Town of Marana’s FY2021 Capital Improvement Plan. On 05/08/2019, Kittelson & Associates Inc. received a contract from the Town in the amount of $435,487.00 to design the Lon Adams Rd. Reconstruction Project (ST068). This change order request adds funds to the Lon Adams Road Reconstruction Project ST068) as follows: Due to the necessary addition of a sewer main to the project, additional design work is required. The cost to design the sewer main is: $32,457.00. Design contingency funding to provide design plans to move the existing water lines on Lon Adams Road, if moving those lines provided substantial savings to the project. The cost of this design contingency is: $19,042.00.This funding will be used only if deemed necessary after the sewer main design. Additional testing is required for soil testing in the drainage basin, an area whose AMENDED Regular Council Meeting 12/15/2020 Page 84 of 219 prior use was a sewer lagoon;coordinating with MUSD on their Project Inspire development; and adding an ADA access into the drainage basin. The cost of these improvements $16,278.00. The cost of this change order request is $67,777.00. This will bring the design contract for the Lon Adams Road Reconstruction Project (ST068)to $503,264.00. Financial Impact: Fiscal Year:2021 Budgeted Y/N: No Amount:$67,777.00 Funding for this change order will utilize project savings from the Continental Ranch, Blk 29,36,-38,40 Project. This change order will be funded with Transportation, GL Account # 33043000-8010-ST077. Staff Recommendation: Staff recommends approval of the change order. Suggested Motion: I move to approve a change order to the Lon Adams Road Reconstruction Project ST068) contract with Kittelson & Associates Inc. in the amount of $67,777.00; to authorize the transfer of appropriations if necessary for the change order; and to authorize the Town Manager or designee to execute the necessary documents to effectuate the change order. Attachments No file(s) attached. AMENDED Regular Council Meeting 12/15/2020 Page 85 of 219 Council-Regular Meeting C4 Meeting Date:12/15/2020 To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:December 15, 2020 Subject:Approval of the Study Session Council Meeting Summary Minutes of December 8, 2020, and the Council Regular Meeting Summary Minutes of December 1, 2020 (Cherry L. Lawson) Attachments Study Session Council Meeting Summary Minutes, 12/08/2020 Regular Council Meeting Summary Minutes, 12/01/2020 AMENDED Regular Council Meeting 12/15/2020 Page 86 of 219 Study Session Summary Minutes 12/08/2020 1 MARANA TOWN COUNCIL STUDY SESSION 11555 W. Civic Center Drive, Marana, Arizona 85653 Second Floor Conference Center, December 8 , 2020 at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL : Vice Mayor Post called the meeting to order at 6:00 PM and directed the Clerk to call the roll. Mayor Honea (Excused), Vice Mayor Post, Council Members: Jackie Craig , Patti Comerford, Roxanne Ziegler (Attending electronically), John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE : Led by Vice Mayor Post. APPROVAL OF AGENDA: Council Member Kai moved and Council Member Officer second the motion approving the agenda as presented. Motion passes unanimously, 6-0. DISCUSSION/DIRECTION/POSSIBLE ACTION D1 Relating to Parks and Recreation; presentation, discussion and direction regarding the 2020 Parks and Recreation 10 Year Master Plan Update. AMENDED Regular Council Meeting 12/15/2020 Page 87 of 219 Study Session Summary Minutes 12/08/2020 2 Parks & Recreation Director Jim Conroy , Don McGann of McGann & Associates, Ken Ballard of Ballard + King, and Frank Slingerland of BWS Architects provided a PowerPoint Presentation on the Marana Parks and Recreation 10 -Year Master Plan. (A copy of the presentation is on file in the Town Clerk’s Office as well as on the Town’s website at www.maranaaz.gov for review.) Council Member Ziegler discussed the need for a gun range in the town limits. She is aware that it is too late to include the item within the plan; however, she would like staff and the Council to keep this item in mind. Interim Town Manager Terry Rozema stated there are gun ranges nearby the Town for use by the public. Council Member Craig commended Mr. Conroy, his staff, as well as the consultants on the proposed plan. She commented on the residents comments of the Town of Oro Valley related to its master plan. Mr. Conroy explained that each community takes a different approach in presenting ideas to its community. Staff asked the Marana community what they would like to see in its plan. However, each community approaches its plan differently. Vice Mayor Post asked Mr. Rozema and Mr. Conroy for the next steps in this process. Mr. Rozema thanked Mr. Conroy, the Parks & Recreation staff, and the consultants for their efforts in developing the Parks & Recreation Master Plan. Mr. Rozema deferred to Mr. Conroy to provide the next steps in the process. Mr. Conroy stated although not mandated he would like to post the plan for 30 days for public comment. Then bring it back to Council in January for Council’s consideration. During this time, review the list of projects that were not identified within the plan, staff will begin to prioritize and incorporate those into the town’s Capital Improvement Plan CIP) to be considered within the next five to 10 years. Park’s staff have identified th irty projects. That should Mayor and Council be interested in pursuing the Multi - Generational Center, he suggested that the Town begin a site selection process where staff would determine the viability of sites including transportation, roads, drainage, ut ilities and possible partnerships of other organizations that would like to work with the Town. He continued stating comments received from the public during those 30 days, would be considered, as staff would bring forward the Parks & Recreation Master Plan for adoption in February 2021. Council Member Ziegler stated Council would need to determine how it would fund this plan stating the town should consider raising its sales tax in order to bring this and other projects forward. AMENDED Regular Council Meeting 12/15/2020 Page 88 of 219 Study Session Summary Minutes 12/08/2020 3 Mr. Rozema stated as a reminder that the Parks Plan would be considered before the Planning Commission on December 16 before it is brought back to Council for its consideration. Mr. Conroy stated the plan would be shared with SAHBA as well, as the Town looks to achieve full integrity of the plan before moving forward. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive sessio n, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38 -431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2 -4-2(B). ADJOURNMENT Vice Mayor Post asked for a motion to adjourn the meeting. Council Member Comerford, moved and Council Member Officer second the motion to adjourn the meeting. Motion passes unanimously, 6-0. Meeting adjourned at 7:13 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 December 8, 2020. I further certify that a quorum was present. Cherry L. Lawson, Town Clerk AMENDED Regular Council Meeting 12/15/2020 Page 89 of 219 Regular Council Meeting Summary Minutes 12/01/2020 AMENDED NOVEMBER 25, 2020 @ 12:55 p.m. MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 01, 2020, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Vice Mayor Post called the meeting to order at 6:00 PM and directed the Clerk to call the roll. Mayor Honea (Excused), Vice Mayor Post, Council Members: Jackie Craig, Patti Comerford (Arrived: 6:03 PM), Roxanne Ziegler, John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE : Led by Vice Mayor Post. APPROVAL OF AGENDA Council Member Kai moved and Council Member Officer second the motion approving the agenda as presented. Motion passes, 5-0. CALL TO THE PUBLIC Vice Mayor Post opened the meeting to receive public comment, and the following individuals provided comments. AMENDED Regular Council Meeting 12/15/2020 Page 90 of 219 Regular Council Meeting Summary Minutes 12/01/2020 PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS There were reports by the Vice Mayor and Town Council. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Interim Town Manager Terry Rozema reported on the following events: Executive Report is delayed, and sent to Council later in the week. 62 Single-family Residential Permits were issued for the month of November 851 SFR issued as of November 2020; likely to end the year over 900. Received news that the Lomer, which the Engineering Department was working towards was approved for the Airport. It becomes effective April 5, 2021. This is good news, as it removes the Airport from the floodplain and assists the Town with economic development in the area of the airport. There is a bipartisan proposal from the U.S. Senate for a Covid -19 relief bill for approximately $908B. The bill will be presented to the House and the Senate for a vote in the next couple of weeks. PRESENTATIONS CONSENT AGENDA C1 Resolution No. 2020-129: Relating to Development; approving a Preliminary Plat for Tortolita Ridge Lots 1-32 and Common Areas “A” through “C” l ocated approximately .75 miles north of Moore Road on the west side of Tortolita Road. Cynthia Ross) C2 Approval of the Regular Council Meeting Summary Minutes of November 17, 2020, and the Council Study Session Meeting Summary Minutes of Novemb er 10, 2020, and the Council Study Session Meeting Summary Minutes of October 13, 2020 (Cherry L. Lawson). Council Member Ziegler moved and Council Member Officer second the motion approving the Consent Agenda. Motion passes, 6-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 Ordinance No. 2020.020: Relating to Utilities; amending Marana Town Code Title 14 (Utilities), Chapter 14 -4 (Construction and Financing of Utility Facilities) to modify sections 14-4-3 (Capacity requirements), 14 -4-4 (Refund of cost of facilities funded and AMENDED Regular Council Meeting 12/15/2020 Page 91 of 219 Regular Council Meeting Summary Minutes 12/01/2020 installed by town), and 14-4-5 (Notice of protected facility and associated charge) to make the protected facility designation and protected facility charge available for drainage facilities (Jane Fairall) Town Attorney Jane Fairall provided an overview of this item stating the Town Code currently allows only water and wastewater facilities designated as, “Protected Facilities” with an associated “protected facility charge” payable by other benefitting property owners. This proposed agenda item would add drainage facilities t o the type of facilities that can be designated as a “protected facility.” This item is being brought forward because of the Council’s discussion at the November 10 Council Study Session on the proposed Mandarina Development Agreement deal points. A relatively simple Town Code revision is required to add drainage facilities to the list of potential protected facilities. Under the proposed provision, the Town Engineer will be responsible for the designation of protected water and wastewater facilities. The process for making the designation and determining and giving notice of the associated protected facility charge are the same for drainage facilities as for water and wastewater facilities. This item is a precursor to the next item on the agenda. Council Member Kai inquired about the drainage facility asking whether there is a particular area that property owners in that area are responsible, or is it a drainage facility that everyone would pay for. Ms. Fairall replied stating the drainage facility would be one that the Town Engineer is requiring the developer to install it onsite or off -site at a size that is greater than the sizing required. Council Member Kai asked whether others would be under that influence when no drainage is being released into the facility. He asked whether others who are neighboring the property site, or those who are 10 miles away, would those developers be responsible or not. Ms. Fairall replied stating it would depend on the outcome of the studies; however, deferred to Frank Cassidy, former Town Attorney and Consultant to the Town. Mr. Cassidy stated Ms. Fairall is correct in her explanation. Part of the drainage study would determine who would end up paying the fee. Like all protec ted facilities, the way to get out of paying a protected facilities fee is to build some other type of facility. Vice Mayor Post inquired as to the repayment of the facility stating the Town is paying back Mandarina the portion above what they need of th e drainage facility. He asked whether the cost would be calculated so that others may use the facility. Mr. Cassidy replied stating for the most expensive one, they only used 25% of the capacity. Therefore, 75% is available to others. That 75% capacity is divided out. Since the Town in unaware of the upstream development in that area, and whether it will create additional drainage issues, the charge is based upon the quantity of flow in that facility. Council Member Ziegler moved and Council Member Officer second the motion adopting Ordinance No. 2020.020. Motion passes, 6-0. AMENDED Regular Council Meeting 12/15/2020 Page 92 of 219 Regular Council Meeting Summary Minutes 12/01/2020 A2 Resolution No. 2020-130: Relating to Development; approving and authorizing the Mayor to sign the Mandarina Development Agreement for development north and northwest of the Interstate 10 and Tangerine Road traffic interchange; and authorizing the Town Engineer to sign a quit claim deed of abandonment for unneeded right -of-way in Mandarina (Jane Fairall) Ms. Fairall provided an overview of the Mandarina Development Agreement and the key deal points discussed during the November 10, Council Study Session , and stated Frank Cassidy, former Town Attorney would provide the overview of the item if Council desires. Council Member Kai moved and Council Member Comerford second the motion adopting Resolution No. 2020-130. Motion passes, 6-0. ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema) 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 (Terry Rozema) 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 l isted in A.R.S. §38-431.03 (A). 6:24 PM Minutes:] Vice Mayor Post aske d for a motion to go into an executive session for the purpose stated in Item E2. Council Member Ziegler moved and Council Member Kai second the motion to enter into an executive session for the purpose stated in Item E 2. Motion passes, 6-0. E2 Executive session pursuant to A.R.S. § 38 -431.03(A)(7) for discussion or consultation with the Town Manager, Town Engineer, and Town Attorney, as designated representatives of the Town, in order to consider the Town’s position and instruct its representati ves regarding negotiations for the sale or lease of interests in real property located in Ora Mae Harn Park to Southwest Gas Corporation for the installation of natural gas facilities to connect to the El Paso Natural Gas pipeline. AMENDED Regular Council Meeting 12/15/2020 Page 93 of 219 Regular Council Meeting Summary Minutes 12/01/2020 6:45 PM Minutes:] Regular Council Meeting resumed. Vice Mayor Post asked for a motion on Item E2. Ms. Fairall stated the Town needs a motion to direct staff to continue negotiations with Southwest Gas as discussed in Executive Session. Council Member Comerford moved and Council Member Ziegler second the motion directing Town Staff to continue negotiations with Southwest Gas as discussed in Executive Session. Motion passes, 6-0. FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2 -4-2(B). ADJOURNMENT Vice Mayor Post asked for a motion to adjourn the meeting. Council Member Kai moved and Council Member Officer second the motion to adjourn the meeting. Motion passes, 6-0. Meeting adjourned at 6:46 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct mi nutes of the Marana Town Council meeting held on December 01, 2020. I further certify that a quorum was present. Cherry L. Lawson, Town Clerk AMENDED Regular Council Meeting 12/15/2020 Page 94 of 219 Council-Regular Meeting A1 Meeting Date:12/15/2020 To:Mayor and Council From:Anita McNamara, Long-Range Planner Date:December 15, 2020 Strategic Plan Focus Area: Recreation Strategic Plan Focus Area Additional Info: Principle Statement 1: We will provide healthy and active lifestyles through...high-quality recreational amenities for Marana residents and visitors. Subject:PUBLIC HEARING: Ordinance No. 2020.021: Relating to Development; amending Town Code Chapter 17-5 (Subdivisions), section 17-5-3 (Subdivision requirements) by deleting existing subparagraph B.9 (Recreational area) and replacing it with revised subparagraph B.9 (Recreational area); and adopting the Town of Marana Subdivision Recreational Area Design Manual (Anita McNamara) Resolution No. 2020-132: Relating to Development; declaring revised subparagraph B.9 (Recreational area) of Town Code Chapter 17-5 Subdivisions), section 17-5-3 (Subdivision requirements) and the Town of Marana Subdivision Recreational Area Design Manual adopted by Marana Ordinance No. 2020.021 as public records filed with the Town Clerk (Anita McNamara) Discussion: As directed by the Mayor and Town Council at the October 29, 2019 study session, staff has been working to revise the current standards for private subdivision recreational area requirements. The current Town Code requirement is 185 square feet per single family unit, which was considered too low as compared to other jurisdictions in Pima County. Earlier this year, before COVID-19 led to the stay-at-home order and restrictions on group gatherings, staff conducted extensive outreach meetings with stakeholders. This outreach process consisted of one-on-one meetings with home builders and developer representatives, meetings with other jurisdictions, and focus groupmeetingsAMENDEDRegularCouncilMeeting12/15/2020 Page 95 of 219 developer representatives, meetings with other jurisdictions, and focus group meetings with the Southern Arizona Home Builders Association (SAHBA), home builders, and developer representatives. During the outreach process, staff continually heard a preference from stakeholders that Pima County's requirements and design manual are easy to understand and predictable, and provide the ability to pay full in-lieu fee for all lots, or a combination of land and in-lieu fees. Unlike the Town, however, Pima County does not have park impact fees. At the Town Council meeting on April 21, 2020, staff provided a status update to the Council regarding the progress of stakeholder outreach and of the draft code and design manual. The proposed code changes were discussed, which included revisions to the minimum square footage requirement per unit, using a sliding scale based on zoning, creating an a la carte park amenity menu and creating credits for natural undisturbed open space (NUOS), trail connections and use of drainage basins.The Mayor and Council agreed that minimum standards need to be established in the code, but these standards should not be overly regulatory to allow for differences in development, such as demographics. To address these points, Planning staff worked with the Parks Department and the Legal Department to revise the draft code language and design manual. Highlights include a change to the applicability section by reducing the subdivision size threshold from 50 to 30 units when recreation areas are required, creating an a la carte park amenity points system, and adding a reference in the ordinance to the new design manual. The minimum square footage per unit requirement for private park space is based on the average lot size instead of zoning district at this time as we anticipate changes to the zoning district designations in the near future. The draft also contains provisions for an in-lieu option that allows a developer to satisfy the recreational area requirements by entering into a development agreement approved by the Town Council. At the September 22, 2020 Town Council Study Session, staff provided an update to the Mayor and Council. Council's feedback included changes to the breakdown of minimum required recreational area per average lot size. Accordingly, staff revised the required area by increasing the minimum area from 350 to 400 square feet for lots from 4,001 square feet to 6,000 square feet and adding a category for lots under 4,000 square feet requiring 500 square of recreational area per lot.Draft documents containing these revisions were sent out to stakeholders on September 25 and posted on the Town website for comment.The comment period ended October 23, 2020. Staff presented updates to SAHBA and Metropolitan Pima Alliance (MPA) in late October, 2020. On November 18, 2020, the Planning Commission unanimously recommended approval to the Town Council.If approved, existing Section 17-5-3.B.9 of the Town Code will be deleted and replaced with the new version of the section and the design manual will be officially established. Both the existing section and the proposed new section are attached to this report. Staff Recommendation: Planning Commission Recommendation: The Planning Commission heard the request AMENDED Regular Council Meeting 12/15/2020 Page 96 of 219 Planning Commission Recommendation: The Planning Commission heard the request for the proposed land development code amendments on November 18, 2020. By a vote of 4-0, the Planning Commission voted unanimously to recommend approval to the Town Council. Staff Recommendation: Staff recommends adoption of Ordinance No. 2020.021, approving amendments to Marana Town Code Title 17 (Land Development)revising Section 17-5-3 (Subdivision requirements), subparagraph B.9 (recreational area) of the Marana Town Code, revising the Town's subdivision requirements for private and common on-site recreation areas, and adopting the Town of Marana Subdivision Recreational Area Design Manual. Suggested Motion: I move to adopt Marana Ordinance No. 2020.021, approving amendments to Marana Town Code Title 17 (Land Development) revising Section 17-5-3 (Subdivision requirements), subparagraph B.9 (recreational area) of the Marana Town Code, revising the Town's subdivision requirements for private and common on-site recreation areas, and adopting the Town of Marana Subdivision Recreational Area Design Manual and Resolution No. 2020-132 declaring the Town Code amendments and the manual to be public records on file with the Town Clerk. Attachments Ordinance 2020.021 Resolution 2020-132 Exhibit A to Resolution Exhibit B to Resolution - Manual Current Town Code 17-5-3 B.9 SAHBA Comment Letter Tortolita Alliance Comment Letter PCM2010-001 Presentation AMENDED Regular Council Meeting 12/15/2020 Page 97 of 219 Ordinance No. 20 20.021 - 1 - MARANA ORDINANCE NO. 2020.021 RELATING TO DEVELOPMENT; AMENDING TOWN CODE CHAPTER 17-5 SUBDIVISIONS), SECTION 17-5-3 (SUBDIVISION REQUIREMENTS) BY DELETING EXISTING SUBPARAGRAPH B.9 (RECREATIONAL AREA) AND REPLACING IT WITH REVISED SUBPARAGRAPH B.9 (RECREATIONAL AREA); AND ADOPTING THE TOWN OF MARANA SUBDIVISION RECREATIONAL AREA DE SIGN MANUAL WHEREAS residential subdivision recreation areas (i) ensure that recreation areas are available for the us e and enjoyment of residents and (ii) protect and enhance community health and quality of life; and WHEREAS the residential subdivision recreation area requirements adopted by this ordinance (i) ensure that new subdivision recreation areas meet minimum saf ety and amenity standards, (ii) implement the 2020-2030 Marana Parks & Recreation Master Plan, and (iii) encourage residential multi -modal opportunities and ensure connectivity among parks, schools, neighborhoods, and commercial areas; and WHEREAS the Town Council finds that adoption of this ordinance is in the best interests of the Town and its citizens . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Town Code Chapter 17-5 (subdivisions), section 17-5-3 (subdivision requirements), subparagraph B.9 (recreational area) is hereby deleted and replaced with a revised subparagraph B.9 (recreational area), one paper copy and one electronic copy of which are on file in the office of the Town Clerk of the Town of M arana, Arizona, and which was made a public record by and attached as Exhibit A to Resolution No. 2020 -132 of the Town of Marana, Arizona, which is hereby referred to, adopted, and made a part of this ordinance as if fully set out here. SECTION 2. The Town of Marana Subdivision Recreational Area Design Manual , one paper copy and one electronic copy of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, and which was made a public record by and attached as Exhibit B to Resolution No. 2020 -132 of the Town of Marana, Arizona, is hereby referred to, adopted, and made a part of this ordinance as if fully set out here. AMENDED Regular Council Meeting 12/15/2020 Page 98 of 219 Ordinance No. 20 20.021 - 2 - SECTION 3. The provisions of Town Code section 17 -5-3 B.9 shall control over and supersede any conflicting provisions of the Town of Maran a Subdivision Recreational Area Design Manual. SECTION 4. The Town Manager or one or more Town staff members designated by the Town Manager and acting on the Town Manager’s behalf may make administrative revisions to the Town of Marana Subdivision Recreational Area Design Manual from time to time without the need for formal Council approval. For purposes of this paragraph, “administrative revisions” includes revisions addressing the form and contents of documentation submitted to show compliance with Town Code section 17-5-3 B.9 (recreational area), the administrative procedure associated with the review of that documentation, and administrative interpretations and explanations of the requirements of Town Code section 17 -5-3 B.9. “Administrative revisions” shall not include changes to the substantive requirements of Town Code section 17 -5-3 B.9 or of the Town of Marana Subdivision Recreational Area Design Manual as adopted by this ordinance. SECTION 5. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 6. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in confli ct with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 8. This ordinance is effective on the 31st day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 15th day of December, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney AMENDED Regular Council Meeting 12/15/2020 Page 99 of 219 Resolution No. 2020-132 - 1 - MARANA RESOLUTION NO. 2020-132 RELATING TO DEVELOPMENT ; DECLARING REVISED SUBPARAGRAPH B.9 RECREATIONAL AREA) OF TOWN CODE CHAPTER 17-5 (SUBDIVISIONS ), SECTION 17-5-3 (SUBDIVISION REQUIREMENTS) AND THE TOWN OF MARANA SUBDIVISION RECREATIONAL AREA DESIGN MANUAL ADOPTED BY MARANA ORDINANCE NO . 2020.021 AS PUBLIC RECORDS FILED WITH THE TOWN CLERK BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. New subparagraph B.9 (Recreational area) of Town Code Chap- ter 17-5 (Subdivisions), section 17-5-3 (Subdivision requirements), adopted by Marana Ordinance No. 2020.021, attached to and incorporated in this resolution as Exhibit A, one paper copy and one electronic copy of which are on file in the office o f the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. SECTION 2. The Town of Marana Subdivision Recreational Area Design Manual adopted by Marana Ordinance No. 2020.021, attached to and incorporated in this reso lu- tion as Exhibit B, one paper copy and one electronic copy of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Ari- zona, this 15th day of December, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney AMENDED Regular Council Meeting 12/15/2020 Page 100 of 219 EXHIBIT A TO MARANA RESOLUTION NO. 20 20-132 Amendments to Marana Town Code section 17-5-3 subparagraph B.9 (Recreational area) adopted by Marana Ordinance No. 2020.021 Resolution No 2020 -132 -1- New subparagraph B.9 (Recreational area) of Town Code Chapter 17-5 (Subdivi- sions), section 17-5-3 (Subdivision requirements) provides as follows: 9. Recreational area. a. Requirement: New residential subdivisions (including re-subdivisions) with 30 or more lots and whose average lot size is 16,000 square feet or less shall comply with the recreation al area requirements of this sub- paragraph 17-5-3 B.9. b. Area: i. General: The minimum area (in square feet) of a subdivision’s rec- reational areas shall be as follows: a) Apartment or condominium: 100 square feet per unit b) Town home or patio home: 140 square feet per unit c) Single-family residential: 1) For subdivisions with an average lot size of 4,000 square feet or less: 500 square feet per unit 2) For subdivisions with an average lot size of 6,000 square feet or less but larger than 4,000 square: 400 square feet per unit 3) For subdivisions with an average lot size of 8,000 square feet or less but larger than 6,000 square feet: 300 square feet per unit 4) For subdivisions with an average lot size of 16,000 square feet or less but larger than 8,000 square feet: 200 square feet per unit 5) For subdivisions whose average lot size is larger than 16,000 square feet: None. ii. Specific plan exception: If an adopted specific plan includes a sub- division recreation requirement with a different square footage per unit than set forth in subparagraph i above, the minimum area of recreational areas for subdivisions located in the specific plan shall be calculated using the specific plan’s subdivision recreation re- quirement. iii. Golf courses excluded: Golf courses do not count toward a subdi- vision’s minimum required recreational area . c. Location: i. Recreational areas shall be located and designed to maximize prox- imity to the largest number of homes and to maximize accessibility and visibility from the front of surrounding and nearby residences. AMENDED Regular Council Meeting 12/15/2020 Page 101 of 219 EXHIBIT A TO MARANA RESOLUTION NO. 20 20-132 Amendments to Marana Town Code section 17-5-3 subparagraph B.9 Recreational area) adopted by Marana Ordinance No. 2020.021 Resolution No. 20 20-132 - 2 - ii. Neighborhoods shall be designed around recreational area s and open spaces. Recreational areas shall not be located on remnants of land remaining upon completion of the lotting layout of the subdi- vision. iii. At least one recreational area shall be located within a reasonable walking distance of each lot of the subdivision, approximately 2,000 feet measured not as the crow flies but along the most direct route traversable by a pedestrian over neighborhood sidewalks, paths, and trails. iv. All recreational areas shall be within the boundaries of the subdivi- sion, except as otherwise provided in a development agreement en- tered into pursuant to subparagraph 17 -5-3 B.9.g below (in -lieu op- tion). d. Design and facilities: The design of recreational areas and the recrea- tional facilities included in them shall conform to the most recent ver- sion of the town of Marana subdivision recreational area design man- ual. e. Prohibited locations. Recreational areas shall avoid the following: i. Land unsuitable for recreation purposes, such as peaks, ridges, land fragments, land restricted by town policy, condition or ordinance, and land determined unusable for recreational purposes by plan- ning director. ii. Known archeological and historical sites. f. Construction timing: i. A subdivision’s recreational area s shall be completed or assured be- fore 50% of the building permits are issued. ii. For purposes of the preceding paragraph, “assured” means that the subdivider has posted with the town engineer cash, a performance bond, or a letter of credit securing completion of the recreational area s. iii. The performance bond or letter of credit shall be in a form ap- proved by the town attorney and shall be in a face amount of at least 115% of the anticipated cost to complete the r ecreational areas, as reasonably determined by the town engineer. g. In-lieu option: Subdivisions may satisfy the requirements of this sub- paragraph 17 -5 -3 B.9 by entering into a development agreement with and enforceable by the town which, as determined by the town council, provides for recreational area and recreational facilities equivalent to those otherwise required in the subdivision under this subparagraph 17-5 -3 B.9 . AMENDED Regular Council Meeting 12/15/2020 Page 102 of 219 Town of Marana Subdivision Recreational Area Design Manual Prepared by Town of Marana Development Services 11555 W Civic Center Drive Marana, Arizona 85 653 December 2020 AMENDED Regular Council Meeting 12/15/2020 Page 103 of 219 MARANA RECREATIONAL AREA DESIGN MANUAL Page i Subdivision Recreational Area Design Manual 1. Introduction............................................................................................................................. 2 2. Purpose ..................................................................................................................................... 2 3. Summary of Marana Subdivision Recreation Requirements .................................... 2 A. Applicability ....................................................................................................................... 2 B. In-Lieu Option timing and notation .............................................................................. 2 C. Pre-submittal meeting ..................................................................................................... 2 D. RAP submittal ..................................................................................................................... 3 E. RAP approval...................................................................................................................... 3 F. The Minimum Recreational Area .................................................................................. 3 G. Golf courses ....................................................................................................................... 3 H. Regional trails ..................................................................................................................... 3 I. Construction timing ............................................................................................................ 4 4. The Recreation Area Plan (RAP) ....................................................................................... 4 A. General................................................................................................................................ 4 B. Submittal and review process ....................................................................................... 4 C. Elements to be included in the RAP ........................................................................... 5 5. Features by size of recreational area .............................................................................. 7 A. All recreational areas ...................................................................................................... 7 B. Amenities by recreation area size ................................................................................ 7 C. Passive amenities.............................................................................................................. 8 D. Active amenities ............................................................................................................... 8 E. Enhanced amenities ........................................................................................................ 8 F. Alternative recreational areas....................................................................................... 9 6. Landscape plan .................................................................................................................... 9 7. In-Lieu Option ......................................................................................................................... 9 A. Overview ............................................................................................................................. 9 B. Procedure ............................................................................................................................ 9 8. Contact information ........................................................................................................... 10 AMENDED Regular Council Meeting 12/15/2020 Page 104 of 219 MARANA RECREATIONAL AREA DESIGN MANUAL Page 2 1. Introduction This Town of Marana Subdivision Recreational Area Design Manual (this “Manual”) is adopted to assist the development community in meeting the subdivision rec- reational area requirements established by Marana Town Code section 17-5-3 subdivision requirements), paragraph B (improvement requirements), subpara- graph 9 (recreational area), which are referred to in this Manual as the “Marana Subdivision Recreation Requirements.” This Manual provides the information nec- essary for developers and their consultants to prod uce a Recreation Area Plan RAP) that meets the demographic profile of their development and satisfies the Marana Subdivision Recreation Requirements. 2. Purpose The Marana Subdivision Recreation Requirements were adopted to ensure that recreational areas are established and constructed as new neighborhoods are built . Subdivision recreational areas reduce the chances of children playing in the streets and families driv ing considerable distances to larger regional parks. Safety, traffic congestion, air quality, public health , quality of life, and neighborhood so- cial interaction suffer when neighborhood recreational facilities are lacking. Re- quiring the creation of neighborhood recreational facilities as subdivisions de- velop is a least -cost approach, taking advantage of lower vacant land values and reducing the need to establish neighborhood recreational areas in already- developed areas. 3. Summary of Marana Subdivision Recreation Requirements A. Applicability A Recreation Area Plan (RAP) for the construction of developed recreation al areas of a combined size meeting the requirements set forth in subparagraph F below must be prepared for residential subdivision with 30 or more lots whose average lot size is 16,000 square feet or less, except for residential subdivisions for which an In-Lieu Option (see Section 7 below ) has been selected, ap- proved, and implemented. B. In -Lieu Option timing and notation If the developer of a residential subdivision has chosen and obtained approval to pursue the In -Lieu Option (see Section 7 below ), the In-Lieu Option must be approved, implemented, and enforceable as a condition of rezoning or pre- liminary plat approval, and a description of the In -Lieu Option must be clearly noted on the approved final plat. C. Pre-submittal meeting An applicant or representative for every residential subdivision requiring a RAP must meet with Marana Development Services staff before preparing the RAP AMENDED Regular Council Meeting 12/15/2020 Page 105 of 219 MARANA RECREATIONAL AREA DESIGN MANUAL Page 3 to ensure that the Marana Subdivision Recreation Requirements are properly understood. D. RAP submittal A RAP shall be included in the preliminary plat submittal package for all resi- dential projects or subdivisions requiring a RAP. A landowner or developer seeking a rezoning for a project that will require a RAP must include in the re- zoning submittal package a conceptual rendering or discussion of the subdi- vision recreation facilities and areas that a re anticipated to be provided to satisfy the Marana Subdivision Recreation Requirements . E. RAP approval Marana Development Services staff approval of a RAP is required prior to a project’s preliminary subdivision plat approval. F. The Minimum Recreation al Area For subdivisions whose average lot size is 16,000 square feet or less, t he com- bined total of all of a subdivision’s developed recreational areas must equal or exceed the square footage calculated according to the following table. Average lot size Square feet per unit 4,000 s.f. or less 500 4,000 s.f. to 6,000 s.f. 400 6,000 s.f. to 8,000 s.f. 300 Larger than 8,000 s.f. 200 This combined total square footage is referred to in this Manual as the “Mini- mum Recreational Area.” The Marana Subdivision Recreation Requirements do not apply to subdivisions whose average lot size is larger than 16,000 square feet. If an adopted specific plan includes a subdivision recreation requirement with a different square footage per unit, t he Minimum Recreational Area of subdivisions located in the specific plan shall be calculated using the specific plan’s subdivision recreation requirement. G. Golf courses Golf courses do not count toward a subdivision’s Minimum Recreational Area. H. Regional trails Trails, linear parks, and greenways listed in the Marana Parks and Recreation Master Plan that cross or are adjacent to the proposed subdivision are counted toward the subdivision’s Minimum Recreational Area to the extent they are constructed as a part of the subdivision, included on the project’s rezoning preliminary development plan and preliminary plat , and described in the project’s RAP. AMENDED Regular Council Meeting 12/15/2020 Page 106 of 219 MARANA RECREATIONAL AREA DESIGN MANUAL Page 4 I. Construction timing A subdivision’s recreational areas must be completed or assured before 50% of the building permits are issued. “Assured” means that the subdivider has posted with the town engineer cash, a performance bond, or a letter of credit in a form approved by the Town Attorney and in a face amount of at least 115% of the anticipated cost to complete t he recreational areas, as reasona- bly determined by the Town Engineer, securing completion of the recreational areas. 4. The Recreation Area Plan (RAP) A. General The Recreation Area Plan (RAP) must describe and design the location, size, and elements of a subdivision’s developed recreational area s to be con- structed to comply with the Marana Subdivision Recreation Requirements for the proposed residential subdivision . The RAP shall have sufficient detail to show compliance with the Marana Subdivision Recreation Requirements. The RAP is a separate stand -alone planning document, and will remain on file at the Town of Marana Development Services Department . B. Submittal and review process The following steps describe the RAP approval process: i. Applicant and/or the applicant’s representatives meet with Develop- ment Services staff to discuss the proposed residential subdivision. Staff explains the Marana Subdivision Recreation Requirements , including without limitation the In-Lieu Option (see Section 7 below ) and the spe- cific elements to be included in the RAP. ii. A landowner or developer seeking a rezoning for a project that will re- quire a RAP includes in the rezoning submittal package a conceptual rendering or discussion of the subdivision recreation facilities and areas that are anticipated to be provided to satisfy the Marana Subdivision Recreation Requirements. iii. As part of the preliminary plat preparation process, a pplicant prepares RAP consistent with the Marana Subdivision Recreation Requirements , this Manual, and the conceptual rendering or discussion presented and approved as part of the rezoning (if applica ble). iv. Applicant submits the RAP to Development Services staff along with the preliminary plat . v. Staff reviews and provides comments on the RAP concurrently with providing comments on the preliminary plat . Applicant makes any nec- essary changes. AMENDED Regular Council Meeting 12/15/2020 Page 107 of 219 MARANA RECREATIONAL AREA DESIGN MANUAL Page 5 vi. Staff approves RAP prior to approving the preliminary plat . The RAP must be approved by Development Services before the preliminary plat can be approved. C. Elements to be included in the RAP The RAP must be submitted electronically and must contain the following infor- mat ion: i. The total acreage of the subdivision , the total acreage of NUOS within the subdivision , and the total number and average size of lots in the sub- division. ii. A map showing the location of the subdivision within the regional/met- ropolitan context . iii. A concept drawing of the proposed subdivision . iv. A demographic profile to help the applicant and the Town determine whether the recreational features proposed actually fit the subdivision i.e. age-appropriate infrastructure, recreational features, equipment, pathways, etc.), including: 1. The target market for the subdivision; and 2. The ages of residents the subdivision is intended to serve. v. The location, size, topography, and dimensions of each recreational area, and an explanation of how the Minimum Recreational Area size was calculated (i.e. show us your math). 1. The Minimum Recreational Area need not consist of a single recrea- tional area, as long as each individual recreational area is large enough to be functional. 2. The land area of proposed and existing paved and unpaved trails and retention basin s may satisfy up to 50% of the Minimum Recrea- tional Area if developed for recreational purposes upon compliance with all of the following: a. Trails must connect to existing or planned trails and recreational areas adjacent to the subdivision and to trails, paths , sidewalks, and recreational areas within the subdivision . b. Each retention basin must: i. Comply with standards established by the Marana Parks and Recreation Department for uses and facilities located in reten- tion basins and flood-prone areas. AMENDED Regular Council Meeting 12/15/2020 Page 108 of 219 MARANA RECREATIONAL AREA DESIGN MANUAL Page 6 ii. Have at least one pedestrian access with a slope of no greater than 8:1 and a length of no more than 100 feet to the basin invert or to a 4:1 or flatter basin side slope. iii. Have waterproof and non-floatable facilities and furnishings. 3. Recreational areas shall be located and designed to maximize prox- imity to the largest number of homes and to maximize accessibility and visibility from the front of surrounding and nearby residences. 4. Neighborhoods shall be designed around recreational areas. Recre- ational areas shall not be located on remnants of land remaining upon completion of the lotting layout of the subdivision. 5. At least one recreational area shall be located within a reasonable walking distance of each lot of the subdivision, approximately 2,000 feet measured not as the crow flies but along the most direct route traversable by a pedestrian over neigh borhood sidewalks, paths, and trails. 6. Recreational areas shall avoid known archeological and historical sites. 7. Maintained and compacted natural trails within natural undisturbed open space (NUOS) may be counted as recreational area. 8. Recreational area improvements must be constructed in an environ- mentally sensitive manner, minimizing the disturbance of the site’s natural vegetation, and mitigating effects on adjacent upland areas, washes, wildlife corridors, and NUOS. 9. Recreational areas shall not include land unsuitable for recreational purposes, such as peaks, ridges, land fragments, land restricted by town policy, condition or ordinance, and or land determined unusa- ble for recreational purposes by the Planning Director. 10. All recreational areas and trails shall incorporate Crime Prevention through Environmental Design (CPTED) concepts. 11. When proposed amenities in a recreational area create significant parking demand, the applicant shall demonstrate that parking is ad- equat e for the proposed amenit ies. vi. Graphic depiction (plan view) of each recreational area’s facilities and amenities. 1. Must show all recreational improvements to be provided , meeting or exceeding the requirements for the total size of Minimum Recrea- tional Area, consistent with Section 5 below . 2. Identify the locations of access points and parking, if required. AMENDED Regular Council Meeting 12/15/2020 Page 109 of 219 MARANA RECREATIONAL AREA DESIGN MANUAL Page 7 vii. The entity responsible for long-term ownership and maintenance of the recreational areas. viii. Any trails listed in the Marana Parks and Recreation Master Plan that are located within a half mile of the subdivision . 1. The subdivision’s recreational area must include any trails within the subdivision and must include linkages within the subdivision to any trails located near the subdivision. 2. The RAP must describe existing and planned linkages from the subdi- vision to trails located within a half mile of the subdivision. 5. Features by size of recreational area This section describes minimum facilities and amenities that must be provided for each recreational area included within a subdivision’s Minimum Recreational Area to meet the Marana Subdivision Recreation Requirements . Certain facilities and amenities are required for all recreational areas. The additional faci lities and amenities required for each recreational area A. All recreational areas All recreational areas must include, at a minimum: i. A bench and picnic table ii. A pet waste station iii. A trash receptacle iv. Landscaping (trees and other plant materials, preferably na tive; see Section 17.03 of the Marana Land Development Code for additional in- formation) v. A shade structure vi. A bicycle rack (four-bicycle capacity) B. Amenities by recreation area size In addition to the amenities listed in section 5.A above, each recreation area must have amenities that meet or exceed the following number of points based on the recreation area’s size: Size (in acres) PointsAtleastButlessthan 0 0.25 2 0.25 0.5 3 0.5 1.0 5 1.0 1.5 10 1.5 2.0 15 2.0 Any 20 AMENDED Regular Council Meeting 12/15/2020 Page 110 of 219 MARANA RECREATIONAL AREA DESIGN MANUAL Page 8 C. Passive amenities The following are classified as passive amenities, each of which is worth one point: i. Barbecue grill ii. Turf iii. Decomposed granite walking path iv. Shared use path connection v. Ramada vi. Drinking fountain D. Active amenities The following are classified as active amenities, each of which is worth three points: i. Playground equipment ii. Swing set iii. Fitness structure iv. Group ramada v. Half basketball court vi. Dog park vii. Horseshoe pit viii. Community garden ix. Bocce court x. Fitness course xi. Rectangle turf field xii. Field with backstop xiii. Sand volleyball court xiv. Tennis court xv. Pickleball court E. Enhanced amenities The following are classified as enhanced amenities, each of which is worth five points: i. Community room ii. Fitness room AMENDED Regular Council Meeting 12/15/2020 Page 111 of 219 MARANA RECREATIONAL AREA DESIGN MANUAL Page 9 iii. Comfort station iv. Splash pad v. Skate/wheel park vi. Swimming pool F. Alternative recreational areas Alternative recreational areas are designed to complement and serve the special needs of a given subdivision or master planned area . A lternative recreational areas may count toward fulfillment of a subdivision’s Marana Subdivision Recreation Requirements when constructed pursuant to a development agreement with the Town of Marana . The Town of Marana recognizes that new and unique types of recreational facilities may be created as time passes, and is willing to consider proposals that suggest alternative kinds of recreational facilities that may significantly benefit the community and its quality of life. Such proposals must provide value equivalent to or greater than the value of minimum compliance with the Ma- rana Subdivision Recreation Requirements. 6. Landscap e plan The RAP and the recreational areas provided for a subdivision pursuant to the Marana Su bdivision Recreation Requirements shall be consistent with and incor- porated into the landscape plan submitted to comply with the requirements of 17.03 of the Town of Marana Land Development Code. 7. In -Lieu Option A. Overview The developer of a residential subdivision may seek Town Council approval of a development agreement implementing an alternative method for providing recreational areas for the subdivision. This alternative method is referred to in this Manual as the “In -Lieu Option.” The development agreement must author- ize the Town to enforce the implementation of the In -Lieu Option. The In -Lieu Option may consist of any alternative that, according to the representation of the developer and the approval of the Town Council, provides recreational opportunities to the subdivision that equal or exceed the Marana Subdivision Recreation Requirements. B. Procedure i. The developer of a subdivision that requires rezoning may include pro- posal and discussion of the In -Lieu Option in the rezoning hearing pro- cess, and approval of the In-Lieu Option may be included in the ordi- nance approving the rezoning or in a development agreement associ- ated with the rezoning. AMENDED Regular Council Meeting 12/15/2020 Page 112 of 219 MARANA RECREATIONAL AREA DESIGN MANUAL Page 10 ii. Unless the In-Lieu Option has been approved by the Town Council as part of the rezoning process as described in the preceding paragraph, the developer of subdivision who seeks to use an In -Lieu Option must obtain Town Council approval of the In -Lieu Option prior to or concur- rently with the Town Council’s consideration and approval of the prelim- inary plat for the subdivision. 8. Contact information Please contact Town of Marana Development Services at 520 -382-2600 with any questions about the Marana Subdivision Recreation Requirements . AMENDED Regular Council Meeting 12/15/2020 Page 113 of 219 00044729.DOCX /1 MARANA TOWN CODE 17-65 2/3/2017 Title 17. Land Development 17 6. Traffic control devices. Street name signs, street lights, signals and other traffic control devices shall be installed, at no expense to the town. 7. Fire hydrants. Fire hydrants shall be installed as required by town specifications and/or the fire district serving the site at no expense to the town. 8. Landscaping and irrigation. In accordance with section 17.03 landscape requirements”) of the Marana land development code, landscaping and irrigation shall be installed at no expense to the town. 9. Recreational area. a. Requirement: All new residential projects with a density greater than or equal to 3.0 dwelling units per gross acre and containing 50 or more dwelling units shall provide an im- proved on-site recreation area, as accepted by the parks and recreation and planning departments in compliance with the adopted park, trail, and open-space system master plan. The recreation improvements shall be constructed at the project developer’s expense. b. Area: The minimum area (in square feet) for private, com- mon on-site recreation areas shall be as follows: i. Apartment or condominium: 100 sq. ft. per unit ii. Town home or patio home: 140 sq. ft. per unit iii. Single-family residential: 185 sq. ft. per unit c. Limitation: Recreational areas shall not include land unsuit- able for recreation purposes, such as peaks, ridges, land frag- ments, land restricted by town policy, condition or ordi- nance, and or land determined unusable for recreational purposes by the parks and recreation and planning depart- ments. d. Facilities installation: The recreational facilities and parking improvements shall be completed and in place by the time 50% of the building permits are issued or an acceptable bond is secured to guarantee the required improvements. e. Optional method: An in-lieu fee may be accepted by the council pursuant to an agreement which shall provide, at a minimum, for the equivalent of park land (based on im- proved property) and the recreational facilities the project would have been required to provide. 10. Permanent survey monuments. Permanent survey monuments shall be installed in each subdivision, and their location shall be shown on the final plat. All corners of the subdivision and all lot corners in the subdivision shall be marked. The permanent sur- vey monuments shall be indicated on the final plat and shall con- sist of the state plane coordinate system, Arizona central zone, The cross-reference in paragraph 8 was corrected by the Town Attorney as a scrivener’s error on January 13, 2016 AMENDED Regular Council Meeting 12/15/2020 Page 114 of 219 Southern Arizona Home Builders Association 2840 N. Country Club Rd. Tucson, AZ 85716 P: 520.795.5114 F: 520.326.8665 www.sahba.org President David M. Godlewski 2020 Executive Officers Chairman John Ward Urban Moment 1st Vice Chairman Tom Gansheimer Lennar Homes 2nd Vice Chairman Michael Del Castillo Richmond American Homes Secretary/Treasurer Immediate Past Chair Tim Staring TRS Custom Builders SENT VIA ELECTRONIC MAIL November 16, 2020 Mr. Jason Angell Marana Municipal Complex 11555 W Civic Center Drive Marana, AZ 85653 RE: Private Subdivision and On-site Park Requirements Dear Mr. Angell, Home builders looking to invest in Marana understand the value park and recreation amenities add to residential development. They spend considerable resources on consumer research to determine homebuyer preferences including parks and recreation. This information helps them create communities which are highly desirable to homebuyers as evidenced by the number of housing starts initiated in the Town throughout 2020. SAHBA appreciates the outreach of Planning staff throughout this update process . We are confident we share the goal of establishing park requirements which maintain Marana as a regional leader in home building while respecting buyer preference, market conditions and previously established park impact fees. While we recognize the interest to update private subdivision park requirements, we ask you to also recognize any increased regulatory costs will be assumed by homebuyers through higher sales prices and ongoing HOA expenses. There are many changes proposed in the draft which will increase the park space and amenities for home buyers. We would ask for your consideration and support on the following items: 1. Maintain the current 50-unit applicability requirement which is line with regional standards. HOA Operation and Maintenance costs of doubling park space requirements disproportionately affects housing affordability and ongoing HOA expenses of smaller subdivisions even when compared to 50- unit developments. 2. We support providing an in-lieu fee option. However, we would ask parameters to be established that provide builders with a better understanding to the amount or the range of the in-lieu fee. We would also ask this be an administrative action which would remove subjectivity and not add additional time to the development process. This type of fee option will facilitate the goals and intent of the ordinance while respecting potential land constraints and affordability issues. AMENDED Regular Council Meeting 12/15/2020 Page 115 of 219 3. The Recreation Area Plan (RAP) should be tied to the final plat when all of the engineering has been completed and a clear understanding of wher e recreation amenities can be located exists. During the rezoning and pre-plat, things are very fluid which hinders the ability to provide precise locations and quantities. 4. Extending a known in-lieu fee allowance for a development within 3/4 mile of existing park amenities significantly increases the flexibility to meet homebuyer park and recreation needs while encouraging more efficient land planning. Again, we appreciate the outreach of staff during this update process. We are confident the inclusion of our comments maintains the intent of the update while also recognizing the interests of the home buyers who utilize the recreation areas and ultimately finance the increased costs associated with the update. Thank you for your consideration. Shawn Cote AMENDED Regular Council Meeting 12/15/2020 Page 116 of 219 12090 N Thornydale Road Suite 110, #328 Marana, AZ 85658 info@tortolitaalliance.com www.tortolitaalliance.com November 16, 2020 Mayor Ed Honea Town of Marana 11555 W Civic Center Drive Marana, AZ 85653 Subject: Town Council Meeting-11/17/20-Item A1-Tortolita Ridge Dear Mayor Honea: The Tortolita Alliance (TA) is local non-profit organization that advocates for the continued conservancy of the Tortolita Preserve and associated lands, ensuring protection of open space, wildlife habitat, watershed, and compatible recreational use. TA has previously provided comments (attached) to the Town Council on the proposed Marana Subdivision Recreational Area Requirements. Our comments of 9/21/20 include a request to amend Title 17-Environmental Resource Preservation, Native Plant Protection and Landscape Requirements to require a Site Resource Inventory (SRI) and require (no option) a minimum of 30% of the site be preserved as Natural Undisturbed Open Space (NUOS) for all proposed subdivisions. We commend Marana for approving a 45% NUOS for the Tortolita Ridge (Item A1) development and hope that this is the standard going forward. Sincerely, Mark L. Johnson President ec: Cherry Lawson (Marana) Jason Angell (Marana Development Services) Jane Fairall (Town Attorney) Carolyn Campbell, CSDP AMENDED Regular Council Meeting 12/15/2020 Page 117 of 219 12090 N Thornydale Road Suite 110, #328 Marana, AZ 85658 info@tortolitaalliance.com www.tortolitaalliance.com September 21, 2020 Mayor Ed Honea Town of Marana 11555 W Civic Center Drive Marana, AZ 85653 Subject: Town Council Study Session-September 22, 2020-Item D1-Requirements For On-Site Recreation Areas Dear Mayor Honea: The Tortolita Alliance (TA) is local non-profit organization that advocates for the continued conservancy of the Tortolita Preserve and associated lands, ensuring protection of open space, wildlife habitat, watershed, and compatible recreational use. TA has reviewed Agenda Item D1 for the September 22, 2020 Marana Town Council Study Session regarding the Town of Marana (Marana) subdivision requirements for private and common on -site recreation areas (Recreational Area Requirements) and offer the following comments in advance of the meeting. TA agrees that these requirements should be upgraded, given that Marana apparently occupies a distant last place position with respect to local requirements for private and common on-site recreation areas see Background Table from 4/21/20 Town Council Meeting). Although TA supports the initiative to upgrade these provisions, we find the proposed Recreational Area Requirements inadequate and suggest the following changes: 1. The proposed Recreational Area Requirements are intrinsically linked to Title 17-Environmental Resource Preservation, Native Plant Protection and Landscape Requirements. In addition to this action, the appropriate provisions of Title 17 should be amended to require a Site Resource Inventory (SRI) and require (no option) a minimum of 30% of the site be preserved as Natural Undisturbed Open Space (NUOS) for all proposed subdivisions. 2. The proposed standard of 350 square feet of recreational area per unit should apply to all lot sizes. 3. The Recreational Area Requirements should be in addition to the NUOS identified in Item 1. 4. There should be no credit towards NUOS or the Recreational Area Requirements for constructed stormwater channels, retention or detention basins. 5. If NUOS includes a hiking/biking trail, the Recreational Area Requirement standard can be reduced to 200 square feet of recreational area per unit. 6. The Marana Recreational Area Design Manual (MRADM) should be changed to include Comments 1-5 above. AMENDED Regular Council Meeting 12/15/2020 Page 118 of 219 Page 2 Marana Study Session-9/22/20 Item D1-Requirements For On-Site Recreation Areas 7. The MRADM in-lieu option is a free pass and should be eliminated. 8. MRADM Section 5 Recreational Area Features is a bit onerous and will result in a plethora of features requiring maintenance. The minimum should be some benches and waste receptables. Perhaps other features could be determined by the developer/community with a developer sponsored budget based on the size of the recreational area. The agenda materials indicate that the proposed changes were vetted with “stakeholders”. Once again, it appears the only “stakeholders” included were the developers and home builders. TA was not made aware of any community “stakeholder” meetings on this topic. Once again, Marana has left out the voice of the people in this important process. TA requests that Marana table this item and restart the process with workshop(s) open to a larger cross- section of the community. Thank you for the opportunity to comment. Sincerely, Mark L. Johnson President ec: Cherry Lawson (Marana) Thomas Schnee, Chairman-Planning Commission Jason Angell (Marana Development Services) Frank Cassidy (Town Attorney) Jackie Craig, Town Councilperson Elect Carolyn Campbell, CSDP AMENDED Regular Council Meeting 12/15/2020 Page 119 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 120 of 219 Town Council Private, Common On-site Recreation Areas December 15, 2020 1AMENDEDRegularCouncilMeeting12/15/2020 Page 121 of 219 Background Draft Ordinance Draft Design Manual Examples Recommendation Presentation Overview 2AMENDEDRegularCouncilMeeting12/15/2020 Page 122 of 219 Background Council Study Sessions –Fall 2019 September 10, 2019 Town’s requirement is too low Regulations are out of date and inadequate Must add standards and a manual October 29, 2019 Regulations based on lot size instead of RAC Need standards for amenities, basins and trails Obtain input from stakeholders Use feedback to draft code and design manual 3AMENDEDRegularCouncilMeeting12/15/2020 Page 123 of 219 Background Stakeholder Meetings December 2019 through March 2020 Stakeholder meetings One-on-one meetings Focus Groups Input and Feedback Town should have standards and utilize in-lieu fee Amenities based on demographics Amenities can cause higher HoA fees Credit for trails and trail connections Credit for drainage basin with amenities4AMENDEDRegularCouncilMeeting12/15/2020 Page 124 of 219 Background April 21, 2020 Council Feedback No NUOS credit toward meeting requirement Need to establish minimum standards in code, but should not over regulate for flexibility Additional info requested regarding other jurisdictions’ requirements compared to actual Additional information was provided to Council on May 13 5AMENDEDRegularCouncilMeeting12/15/2020 Page 125 of 219 Background September 22, 2020 Council Feedback Like reduction of threshold from 50 to 30 units Like change to average lot size from zoning district Like detention basin requirements, trails credit, and credit cap Want to add requirements for average lots smaller than 6,000 square feet Want to increase minimum per lot for average lots under 8,000 square feet 6AMENDEDRegularCouncilMeeting12/15/2020 Page 126 of 219 Latest Stakeholder Input Draft resolution and design manual Emailed to stakeholders Posted to website Presentation updates SAHBA MPA Stakeholder Input 7AMENDEDRegularCouncilMeeting12/15/2020 Page 127 of 219 Ordinance Revises minimum square footage requirement Based on average lot size Applicable to subdivisions with 30 or more lots Defines in-lieu option Design manual reference Ordinance 8AMENDEDRegularCouncilMeeting12/15/2020 Page 128 of 219 Design Manual Recreation Area Plan (RAP) requirement and process At preliminary plat A la carte amenity point system options Trails/trail connections - 25% cap Use of drainage basins - 50% cap Development Agreement In-lieu option Alternative amenity allowance Design Manual 9AMENDEDRegularCouncilMeeting12/15/2020 Page 129 of 219 Example #1 10AMENDEDRegularCouncilMeeting12/15/2020 Page 130 of 219 Example #2 11AMENDEDRegularCouncilMeeting12/15/2020 Page 131 of 219 Example #3 12AMENDEDRegularCouncilMeeting12/15/2020 Page 132 of 219 Example #4 13AMENDEDRegularCouncilMeeting12/15/2020 Page 133 of 219 Example #5 14AMENDEDRegularCouncilMeeting12/15/2020 Page 134 of 219 Required Passive - 1 point each Active - 3 points each Enhanced - 5 points each Bench/picnic table Barbeque grill Playground equip.Community garden Pet waste station Turf*Swing set Fitness course Trash receptacle DG walking path Fitness structure Rectangle turf field Landscaping Shared-use path Group ramada Field w/backstop Shade structure Ramada 1/2 basketball court Community room Bike rack Drinking fountain Dog park Fitness room Horseshoe pit Comfort station Bocce court Splash pad Skate/wheel park Swimming pool Example A la carte Points Recreational area 0.5 to 1.0 acre Minimum 5 points required Alternative amenity allowance *Turf, including artificial turf, shall be a minimum of 15% of the total recreationalarea15AMENDEDRegularCouncilMeeting12/15/2020 Page 135 of 219 Next Steps Existing Code section will be replaced with the new version Design Manual officially established Effective January 15, 2021 Next Steps AMENDED Regular Council Meeting 12/15/2020 Page 136 of 219 Recommendation Staff recommends the adoption of Ordinance 2020.021, amending Section 17-5-3 of the Town Code and establishing a Subdivision Recreational Design Manual. Recommendation 17AMENDEDRegularCouncilMeeting12/15/2020 Page 137 of 219 Council-Regular Meeting A2 Meeting Date:12/15/2020 To:Mayor and Council Submitted For:Jane Fairall, Deputy Town Attorney From:Keith Brann, Town Engineer Date:December 15, 2020 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2020-133: Relating to Real Estate; vacating a portion of that public right-of-way of West Tangerine Road, west of Interstate 10, fronting property owned by Tangerine/I-10 LLC and International Center Tucson LLC/Secundus Tucson LLC (Jane Fairall) Discussion: A request has been made by Tangerine/I-10 LLC on behalf of Tangerine/I-10 LLC and International Center Tucson LLC/Secundus Tucson LLC to abandon a portion of West Tangerine Road west of interstate 10. This portion of the right-of-way for Tangerine Road (formerly designated as Tangerine Farms Road) is 250 feet, which included 150 feet to support an arterial roadway and an additional 100 feet to support a linear drainage buffer and trail. While many sections of the road corridor did construct drainage basins in the 100 foot buffer, no basin was needed at the subject location.There are however various utilities in the buffer area.Staff has reviewed the abandonment request and determined that the Town's interests with regards to utilities including a forthcoming water booster station will not be impacted.Of the original 100 feet of buffer, the southern 35 feet are proposed to be abandoned. Staff Recommendation: Staff recommends approval of the resolution to abandon the described portion of right AMENDED Regular Council Meeting 12/15/2020 Page 138 of 219 Staff recommends approval of the resolution to abandon the described portion of right of way. Suggested Motion: I move to approve Resolution 2020-133, vacating a portion of that public right-of-way of West Tangerine Road, west of Interstate 10. Attachments Resolution 2020-133 Exhibit A - legal description Exhibit B- Form of QCD Row Abandonment-Map AMENDED Regular Council Meeting 12/15/2020 Page 139 of 219 Resolution No. 20 20-133 - 1 - MARANA RESOLUTION NO. 2020-133 RELATING TO REAL ESTATE; VACATING A PORTION OF THAT PUBLIC RIGHT-OF-WAY OF WEST TANGERINE ROAD, WEST OF INTERSTATE 10, FRONTING PROPERTY OW NED BY TANGERINE/I-10 LLC AND INTERNATIO NAL CENTER TUCSON LLC/SE CUNDUS TUCSON LLC WHEREAS the Town has received a request from Tangerine/I-10 LLC, on behalf of Tangerine/I-10 LLC and International Center Tucson LLC/Secundus Tucson LLC, owners of property located on Tangerine Road west of Interstate 10 , to abandon a portion of the Tangerine Road right-of-way fronting their property (the “Abandonment Area”); and WHEREAS the right-of-way for Tangerine Road (formerly designated as Tangerine Farms Road) west of Interstate 10 is 250 feet, which includes 150 feet to support an arterial roadway and an additional 100 feet to support a linear drainage buffer and trail; and WHEREAS the predecessor in interest to Tangerine/I -10 LLC dedicated mu ltiple portions of right-of-way to the Town for Tangerine Farms Road and Tangerine Road at no cost pursuant to the terms of the Tangerine Commerce Park Right -of-Way Exchange and Development Agreement recorded in the Pima County Recorder’s office on December 22, 2005 at Docket 12706, Page 1578 (Sequence No. 20052470430) (the Tangerine Commerce Park DA”); and WHEREAS Town staff has reviewed the abandonment request and determined that no drainage buffer was built or necessary in the Abandonment Area and that the Town's interests will not be impacted by abandoning the southern 35 feet of the original 100 feet of buffer; and WHEREAS the Town of Marana is authorized by A.R.S. §§ 9-240 (B)(3)(e) and 28-7205 to vacate and abandon Town roadways; and WHEREAS the Town Council finds that the Town is receiving appropriate consideration for the Abandonment Area for purposes of A.R.S. § 28 -7208 based on the respective rights and obligations of the p arties under the Tangerine Commerce Park DA and the limited marketability of the narrow strip of land being vacated ; and WHEREAS the Town Council finds that this resolution is in the best interests of the Town and its citizens. AMENDED Regular Council Meeting 12/15/2020 Page 140 of 219 Resolution No. 20 20-133 - 2 - NOW, THEREFORE, BE IT RESOLV ED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION l. The Town of Marana hereby vacates and abandons that portion of the Tangerine Road right-of-way more particularly described and depicted in Exhibit A attached to and incorporated within this resolution by this reference . SECTION 2. The Town Engineer is hereby authorized to execute quit -claim deeds of abandonment in favor of the owners of land adjacent to the Abandonment Area in the form of Exhibit B attached to and incorporate d within this resolution by this reference , evidencing the transfer of title to the Abandonment Area in accordance with the requirements of and as prescribed by A.R.S. § 28-7205. SECTION 3. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of December, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney AMENDED Regular Council Meeting 12/15/2020 Page 141 of 219 1 Job No. 20.035 October 30 , 2020 LEGAL DESCRIPTION – RIGHT-OF-WAY ABANDONMENT A Right-of-Way Abandonment over a portion of Tangerine Road, adjacent to Parcel B of the map recorded in Book 58 at Page 25 of Surveys, Records of Pima County, located in the North half of Section 1, Township 12 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as follows: Commencing at the North west corner of said Section 1, said corner being a 4-inch brass cap in casing stamped “T.O.M.”, from which the North one-quarter corner of said Section 1 bears North 89°27'45" East at 2,642.19 feet distant, said corner being a 4-inch diameter aluminum cap stamped “1/4”; Thence North 89°27'45" East 1,723.23 feet upon the North line of said Section 1 to the Point of Beginning; Thence South 00°32'15" East 15.00 feet to the South right-of-way line of said Tangerine Road; Thence North 89°27'45" East 919.12 feet upon said right-of-way; Thence North 89°27'19" East 55.03 feet upon said right-of-way to a tangent curve, turning to the right, concave to the So uth , with a radius of 1800.00 feet; Thence Southeasterly upon the South right-of-way line of said Tangerine road, upon said curve, through a delta angle of 5°21'30" and an arc length of 168.34 feet; Thence North 00°32'15" West 42.84 feet; Thence South 89°27'45" West 1142.24 feet; Thence South 00°32'15" East 20.00 feet to the Point of Beginning. The area of said abandonment contains 40,417.1 square feet or 0.93 acres, more or less. AMENDED Regular Council Meeting 12/15/2020 Page 142 of 219 Exhibit B to Marana Resolution No. 2020 -133 00073549.DOCX /1 Q UIT CLAIM DEED OF ABANDONMENT Exempt: A.R.S. § 11-1134 (A) (3) THE TOWN OF MARANA, an Arizona municipal corporation, hereby quit-claims in favor of [^INSERT NAME OF ADJACENT PROPERTY OWNER ], [^insert description of adjacent property owner], the following described real property situated in Pima County, Arizona : SEE LEGAL DESCRIPTION AND DEPICTION ATTACHED AS EXHIBIT “A” TO THIS QUIT CLAIM DEED OF ABANDONMENT AND INCORPORATED HERE BY THIS REFERENCE DATED December ________, 2020. THE TOWN OF MARANA, an Arizona municipal corporation By: Keith Brann, Town Engineer* Per Marana Resolution No. 2020-133 APPROVED AS TO FORM: Jane Fairall , Town Attorney STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on December _____, 2020, by Keith Brann, Town Engineer of THE TOWN OF MARANA, an Arizona municipal corporation, on its behalf. Seal) Notary Public AMENDED Regular Council Meeting 12/15/2020 Page 144 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 145 of 219 Council-Regular Meeting A3 Meeting Date:12/15/2020 To:Mayor and Council From:Jane Fairall, Town Attorney Date:December 15, 2020 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2020-134: Relating to Development; approving and authorizing the Mayor to sign the Fifth Amendment to the Gladden Farms II Development Agreement (Jane Fairall) Discussion: The Developer of Gladden Farms II was originally required to begin building the "Public Park Improvements" -- two soccer fields and other related community park improvements -- no later than December 2020 or before the issuance of the 400th building permit in Gladden Farms II. These obligations are spelled out in the second and third amendments to the Gladden Farms II Development Agreement, entered into between the Town and the Developer in August and October 2018, respectively. By December 2019, sales within Gladden Farms II had tied up all 400 building permits allowed before construction of the Public Park Improvements began.As a result, on December 17, 2019, the Council approved a fourth amendment to the Gladden Farms II Development Agreement (the "GFII DA 4th Amendment"),accepting a performance bond as security for the Public Park Improvements construction obligation in place of the building permit restriction, so that the Developer could continue selling lots. The fourth amendment provides that as construction proceeds and less work remains to be completed, the principal amount of the bond can be reduced with the Town Engineer's approval to an amount sufficient to cover the then-remaining work plus a 15% contingency. The GFII DA 4th Amendment also allowed the Town to begin crediting the Developer for Parks development impact fees (Parks DIFs) once the performance bond was submitted. As builders apply for permits in Gladden Farms II, credits are given for the full Parks DIF (currently $2,461 per home)until the full cost of the Public Park Improvements has been credited to lots within Gladden Farms II. Parks DIFs will then AMENDED Regular Council Meeting 12/15/2020 Page 146 of 219 begin to be collected on remaining lots in Gladden Farms II unless other creditable construction has by that time been completed. The Developer is working with the Marana Parks and Recreation Department to finalize the plans for the Public Park Improvements. A pre-construction meeting was held on November 18, 2020. It is anticipated that construction will begin shortly and last for six to nine months. The proposed fifth amendment to the Gladden Farms II Development Agreement will allow the Developer to replace the performance bond required by the GFII DA 4th Amendment with other forms of security acceptable to the Town, which may include cash accounts, letters of credit, or performance bonds, in any combination as long as the full amount of the Public Park Improvements construction obligation plus the 15% contingency is secured. Draw down on the security would continue to be permitted, as construction progresses. Financial Impact: The GFII DA 5th Amendment will not have a financial impact substantively different from the 4th Amendment approved last December. Staff Recommendation: Staff recommends approval of the 5th Amendment to the Gladden Farms II Development Agreement. Suggested Motion: I move to adopt Resolution No. 2020-134,approving and authorizing the Mayor to sign the Fifth Amendment to the Gladden Farms II Development Agreement. Attachments Resolution 2020-134 5th Amendment to Gladden Farms DA AMENDED Regular Council Meeting 12/15/2020 Page 147 of 219 Resolution No. 20 20-134 - 1 - 11/30/20 MARANA RESOLUTION NO. 2020-134 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIFTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT WHEREAS GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC (collectively the “Developers”) are the current master developers of the Gladden Farms II development project; and WHEREAS the Town and the Developers’ predecessor in interest entered into the Gladden Farms II Development Agreement recorded in the Pima Cou nty Recorder’s office on March 10, 2006, at Docket 12758, Page 2249 (Sequence 20060470594) (the Original Agreement”); and WHEREAS the Town and the Developers’ predecessor in interest entered into the First Amendment to the Gladden Farms II Development Agreement recorded in the Pima County Recorder’s office on December 21, 2006, at Docket 12956, Page 1633 (Sequence 20062450467) (the “GFII DA 1st Amendment”), amending the Original Agreement; and WHEREAS the Town and the Developers entered into the Second Ame ndment to the Gladden Farms II Development Agreement recorded in the Pima County Recorder’s office on August 8, 2018, at Sequence 20182200093 (the “GFII DA 2 nd Amendment”), further amending the Original Agreement and the GFII DA 1st Amendment; and WHEREAS the Town and the Developers entered into the Third Amendment to the Gladden Farms II Development Agreement recorded in the Pima County Recorder’s office on October 19, 2018, at Sequence 20182920055 (the “GFII DA 3 rd Amendment”), further amending the Original Agreement, the GFII DA 1st Amendment, and the GFII DA 2nd Amendment; and WHEREAS the Town and the Developers entered into the Fourth Amendment to the Gladden Farms II Development Agreement recorded in the Pima County Recorder’s office on December 20, 2019, at Sequence 20193540148 (the “GFII DA 4th Amendment”), further amending the Original Agreement, the GFII DA 1st Amendment, the GFII DA 2nd Amendment, and the GFII DA 3rd Amendment; and WHEREAS the GFII DA 2nd Amendment as amended by the GFII DA 3rd Amendment secures the construction of certain Public Park Improvements with restrictions on the issuance of residential building permits; and AMENDED Regular Council Meeting 12/15/2020 Page 148 of 219 Resolution No. 20 20-134 - 2 - 11/30/20 WHEREAS the GFII DA 4th Amendment permitted the Developers to post a Performance Bond payable to the T own of Marana to secure construction of the Public Park Improvements, in place of withholding permits ; and WHEREAS the GFII DA 4th Amendment memorialized the administration of credits against the Town’s Parks and Recreation Facilities Development Impact Fee associated with the construction of the Public Park Improvements; and WHEREAS the Town and the Developers now desire to allow for the Developer to replace the Performance Bond with substitute form s of security acceptable to the Town for the Public Park Improvements; and WHEREAS the Mayor and Council find that entering into the Fifth Amendment to the Gladden Farms II Development Agreement is in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Fifth Amendment to the Gladden Farms II Development Agreement between the Town of Marana and the Developers 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 objectives . PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of December, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney AMENDED Regular Council Meeting 12/15/2020 Page 149 of 219 00073430.DOCX /2 FIFTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 1- FIFTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS FIFTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT (“this Fifth Amendment” or the “GFII DA 5th Amendment”) is made by and between the TOWN OF MARANA (the “Town”), an Arizona municipal corporation, GLADDEN PHASE II, LLC, a Delaware limited liability company , and GLADDEN PHASE II DEV, LLC, a Delaware limited liability company. GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC are together referred to as the “Developer.” The Town and the Developer are collectively referred to in this Fifth Amendment as the “Parties,” each of which is sometimes individually referred to as a “Party.” RECITALS A. The development project commonly known as Gladden Farms II and referred to in this Fifth Amendment as “Gladden II” consists of the land area included within the Gladden Farms II Specific Plan. B. The Gladden Farms II Specific Plan was established by the March 7, 2006 ado ption of Marana Ordinance No. 2006.03 , recorded in the Pima County Recorder’s office on March 10, 2006 at Docket 12758, Page 2240 (Sequence 20060470590). C. The Gladden Farms II Specific Plan was amended by the December 19, 2006 adoption of Marana Ordinance No. 2006.35, recorded in the Pima County Recorder’s office on December 21, 2006 at Docket 12956, Page 1622 (Sequence 20062450465). D. The Gladden Farms II Specific Plan was further amended by the March 6, 2018 adoption of Marana Ordinance No. 2018.006, recorded in the Pima County Recorder’s office on March 9, 2018 at Sequence 20180680060. E. The original developer of Gladden II was FC/M GLADDEN II, L.L.C., an Arizona limited liability company, whose interests in Gladden II were sold to the Developer in 2013. F. The Developer owns most of the remaining undeveloped land in Gladden II. G. The Parties acknowledge the following agreements, referred to in this Fifth Amendment as the “Prior Agreements,” affecting the development of all or portions of Gladden II, some terms of which are modified or clarified by this Fifth Amendment with respect to portions of Gladden II owned by the Developer as of the date of this Fifth Amendment: AMENDED Regular Council Meeting 12/15/2020 Page 150 of 219 00073430.DOCX /2 FIFTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 2- i) The “Gladden Farms II Development Agreement” recorded in the Pima County Recorder’s office on March 10, 2006, at Docket 12758, Page 2249 (Sequence 20060470594) (the “Original GFII DA”). ii) The “First Amendment to the Gladden Farms II Development Agreement” recorded in the Pima County Recorde r’s office on December 21, 2006, at Docket 12956, Page 1633 (Sequence 20062450467) (the “GFII DA 1st Amendment”). iii) The “Development Agreement Regarding Development Impact Fee Credits for Gladden Farms II” recorded in the Pima County Recorder’s office on Nov ember 9, 2012, at Sequence 20123140233 (the “GFII DIF DA”). iv) The “Second Amendment to the Gladden Farms II Development Agreement” recorded in the Pima County Recorder’s office on August 8, 2018, at Sequence 20182200093 (the “GFII DA 2nd Amendment”). v) The “Third Amendment to the Gladden Farms II Development Agreement” recorded in the Pima County Recorder’s office on October 19, 2018, at Sequence 20182920055 (the “GFII DA 3rd Amendment”). vi) The “Fourth Amendment to the Gladden Farms II Development Agreement” recorded in the Pima County Recorder’s office on December 20, 2019, at Sequence 20193540148 (the “GFII DA 4th Amendment”). H. Title to the portions of Gladden II owned by the Developer as of the date of this Fifth Amendment is held by FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,423, whose sole beneficiaries are GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC, who together are the “Developer” under the Prior Agreements as amended by this Fifth Amendment. I. The term “Public Park Improvements” is defined in paragraph 2 (“Community park improvements”), subparagraph a (“Description of improvements”) of the GFII DA 2 nd Amendment, and include s two ful l-size soccer fields, field lighting, a restroom, driveway and parking facilities, parking lot lighting, benches, park furnishings, landscaping, and asphalt pathways as conceptually shown on Exhibit A attached to the GFII DA 2 nd Amendment. J. The GFII DA 3rd Amendment include s paragraph 2 (“Community park improvements”), subparagraph a (“Description of improvements ”), subparagraph ii Timing of construction”), which provides for building permits to be withheld if construction of the Public Park Improvements is not timely begun or completed . K. To accommodate continued sale of lots and in recognition of the impending construction of the Public Park Improvements, the GFII DA 4th Amendment includes paragraphs 3 and 4 which provide that the Developer is permitted to post a Performance Bond payable to the Town of Marana in the principal amount of at least $2,428,119.20 (the currently estimated cost of the Public Park Improvements plus a 15% contingency ) (the AMENDED Regular Council Meeting 12/15/2020 Page 151 of 219 00073430.DOCX /2 FIFTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 3- Original Performance Bond”) to secure construction of the Public Park Improvements, in place of withholding permits. L. The GFII DA 2nd Amendment includes paragraph 2 (“Community park improvements”), subparagraph b (“Park development impact fees”), which states that the Town will provide credit against the Town’s Parks and Recreation Facilities Development Impact Fee (the “Parks DIF”) not later than the Developer’s completion of the Public Park Improvements. M. The GFII DA 4th Amendment includes paragraph 5 which provides that upon the Developer’s posting of the Original Performance Bond, completion of the Public Park Improvements is guaranteed, and the Town shall begin crediting the full Parks DIF currently $2,461 per equivalent demand unit (EDU) per Marana Ordinance Nos. 2014.012 and 2017.029) against all building permit applications within Gladden II whether located on lots owned by the Developer or on lots owned by others) until the cumulative Parks DIF credits equal the Public Park Improvements Final Cost. N. The Parties now desire to allow the Developer to replace the Original Performance Bond with substitute forms of security acceptable to the Town for the Public Park Improvements. O. The Parties understand and acknowledge that this Fifth Amendment is a Development Agreement” within the meaning of, and entered into pursuant to the terms of, Arizona Revised Statutes section (A.R.S. §) 9-500.05. P. This Fifth Amendment is consistent with the portions of the Town’s General Plan applicable to Gladden II. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Fifth Amendment, the Parties hereby agree as follows: 1. The Developer’s representation of ownership. By entering into this Fifth Amendment, GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC, who together are the Developer” under the Prior Agreements as amended by this Fifth Amendment, represent that that they are the sole beneficiaries of and are entitled to enter this Fifth Amendment on behalf of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,423. 2. Substitution of security for the Public Park Improvements a. In lieu of the Original Performance Bond required by the GFII DA 4th Amendment, the Developer may provide substitute security acceptable to the Town in the form of cash, including without limitation a trust account, a letter of credit, or a performance bond , in any combination that adds up to at least $2,428,119.20, the currently estimate d cost of the Public Park Improvements plus a 15% contingency. Any performance bond posted by the Developer shall conform to the same requirements as those listed in paragraph 3 of the GFII DA 4th Amendment in all AMENDED Regular Council Meeting 12/15/2020 Page 152 of 219 00073430.DOCX /2 FIFTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 4- respects except for the required amount. Any costs associated with any account established by the Developer as a security for the Public Park Improvements shall be borne by the Developer. b. Effective when the Developer has provided the substitute security conforming to the requirements of subparagraph 2(a) of this Fifth Amendment, the Town will, upon request of the Developer, provide a written release of the Original Performance Bond to the Developer and the surety company that issued the Original Performance Bond. c. Paragraph 2 (“Community park impro vements”), subparagraph a (“Description of improvements”), subparagraph ii (“Timing of construction”) of the GFII DA 3rd Amendment, as amended by paragraph 4 of the GFII DA 4th Amendment, is replaced by the following: ii. Timing of construction. The Developer shall complete construction of the Public Park Improvements by December 10, 2021. Upon the Developer’s default of any of its obligations under this subparagraph, the Town shall have all remedies available to it by law to require construction and completion of the Public Park Improvements by the Developer, including all remedies available to it with regard to the security instrument (s) provided by the Developer in conformance with the requirements of subparagraph 2(a) of the GFII DA 5th Amendment. These remedies include: requiring the Developer’s surety under any performance bond to complete the Public Park Improvements, or using funds from any cash account established by the Developer or drawing on any letter of credit provided by the Developer to construct any or all of the Public Park Improvements. The Developer hereby authorizes the Town to enter those portions of Gladden II as necessary to construct the Public Park Improvements if any such default occurs . The Town shall give 30 calendar days’ notice to the Developer before initiating any action to construct the Public Park Improvements or to use funds from any cash account or letter of credit for that purpose . 3. Parks DIF credit. The Developer’s substitution of security conforming to the requirements of subparagraph 2(a) of this Fifth Amendment, in substitution for the Original Performance Bond, guarantees completion of the Public Park Improvements and the Town shall continue crediting the full Parks DIF (currently $2,46 1 per equivalent demand unit (EDU) per Marana Ordinance Nos. 2014.012 and 2017.029) against all building permit applications within Gladden II (whether located on lots owned by the Developer or on lots owned by others) until the cumulative Parks DIF credits equal the Public Park Improvements Final Cost. 4. Partial release of security for Public Park Improvements. The Developer may request a partial release of any security provided for the Public Park Improvements pursuant to this Fifth Amendment. To do so, the Developer shall submit to the Town Engineer and the Town Parks and Recreation Director a written application with a detailed description AMENDED Regular Council Meeting 12/15/2020 Page 153 of 219 00073430.DOCX /2 FIFTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 5- and cost estimate of the work already completed and to be completed on the Public Park Improvements, together with p roof of payment of contractors, subcontractors, and material suppliers in a form reasonably acceptable to the Town Engineer. The Town shall respond to the Developer’s written application within ten business days. The Town Engineer shall revise the principa l amount of any performance bond or letter of credit, or release funds from any cash account, based on the Town Engineer’s reasonable determination of the cost of the remaining work (relying on the information provided by the Developer and on any other rel iable information) plus a 15% contingency. 5. Term. This Fifth Amendment shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Fifth Amendment. Unless sooner terminated by the mutual consent of the Parties, this Fifth Amendment shall automatically terminate and shall thereafter be void for all purposes on June 30, 2035. 6. Effect on the Prior Agreements and other agreements . Except as expressly modified in this Fifth Amendment or in the Prior Agreements, the terms, provisions and obligations of the Prior Agreements shall remain in full force and effect. Nothing in this Fifth Amendment is intended to modify other agreements no t mentioned in this Fifth Amendment that affect the development of Gladden II, and the failure of this Fifth Amendment to mention such other agreements shall not affect their validity. 7. Counterparts. This Fifth Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a s ingle instrument so that the signatures of all Parties may be physically attached to a single document. 8. Recitals. The Recitals set forth at the beginning of this Fifth Amendment are hereby acknowledged and confirmed to be accurate. 9. Good standing; authority. The Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of Delaware and is authorized to do business in the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation with authority to enter into this Fifth Amendment under applicable state laws. Each Party represents and warrants that the individual executing this Fifth Amendment on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 10. Severability. If any provision of this Fifth Amendment is declared void or unenforceable, it shall be severed from the remainder of this Fifth Amendment, which shall otherwise remain in full force and effect. If a law o r court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Fifth Amendment, this Fifth Amendment shall remain in full force and effect, but the provision requiring the act shall be deemed to permit the Town to act at its discretion, AMENDED Regular Council Meeting 12/15/2020 Page 154 of 219 00073430.DOCX /2 FIFTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 6- and if the Town fails to act, the Developer shall be entitled to terminate this Fifth Amendment. 11. Governing law . This Fifth Amendment is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word “litigation” in the preceding sentence shall constitute a waiver of paragraph 9.5 of the Original GFII DA, requiring disputes to be resolved by binding arbitration. 12. Interpretation. This Fifth Amendment has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Fifth Amendment for purposes of construing any portion of this Fifth Amendment for or against any party. 13. Recordation. The Town shall record this Fifth Amendment in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Developer. 14. No representations of development. Except as specifically set forth in this Fifth Amendment, nothing contained in this Fifth Amendment shall be deemed to obligate the Town or the Devel oper to complete any part or all of the development of Gladden II. 15. Approval. If any Party is required pursuant to this Fifth Amendment to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 16. Force majeure. If any Party shall be unable to observe or perform any covenant or condition of this Fifth Amendment by reason of “force majeure,” then the failure to observe or perform such covenant or condition shall not constitute a default under this Fifth Amendment so long as such Party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. “Force majeure,” as used in this paragraph, means any condition or event not reasonably within the control of such party, including without limitation, “acts of God,” strikes, lock -outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock -outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing Party or Parties, in either case when such course is in the judgment of and unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 17. Conflict of interest. This Fifth Amendment is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. AMENDED Regular Council Meeting 12/15/2020 Page 155 of 219 00073430.DOCX /2 FIFTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 7- IN WITNESS WHEREOF, the Parties have executed this Fifth Amendment as of the last date set forth below their respective signatures . The “Town”: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall , Town Attorney The “Developer”: GLADDEN PHASE II, LLC, a Delaware limited liability company By: Frank J. Walter III Authorized Signatory Date: GLADDEN PHASE II DEV, LLC, a Delaware limited liability company By: Frank J. Walter III Authorized Signatory Date: STATE OF NEW YORK ) ss County of New York ) The foregoing instrument was acknowledged before me on , 2020, by Frank J. Walter III, Authorized Signatory of GLADDEN PHASE II, LLC, a Delaware limited liability company, on behalf of the LLC. Seal) Notary Public STATE OF NEW YORK ) ss County of New York ) The foregoing instrument was acknowledged before me on , 2020, by Frank J. Walter III, Authorized Signatory of GLADDEN PHASE II DEV, LLC, a Delaware limited liability company, on behalf of the LLC. Seal) Notary Public AMENDED Regular Council Meeting 12/15/2020 Page 156 of 219 Council-Regular Meeting A4 Meeting Date:12/15/2020 To:Mayor and Council From:Justin Currie, Planner Date:December 15, 2020 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2020-135: Relating to Development; approving the Final Plat for Saguaro Bloom "7B", Lots 203-377, Common Areas "A" (Drainage/Open Space) and “B” (Park), generally located at the southeast corner of the intersection of Lambert Lane and Saguaro Peaks Boulevard; and authorizing the Town Engineer to sign the TEP easement (Justin Currie) Discussion: Request Baker and Associates Engineering, Inc., on behalf of DR Horton, Inc., is requesting the approval of a final plat consisting of 175 lots, and Common Areas "A" and B" on 41 acres within the Saguaro Bloom development. Location:The subdivision will be located within Block 7 of the Saguaro Springs block plat (Bk. 58, Pg. 23) at the southeast corner of Lambert Lane and Saguaro Peaks Boulevard. Zoning:The zoning for Block 7 is R-6 (Single Family Residential - minimum lot size of 6,000 square feet). The minimum lot size is 6,325 square feet. The maximum lot size is 12,198 square feet. The average lot size is 7,068 square feet. Land Use: The plat proposes 175 lots, Common Area "A" (drainage/open space) [4.5 acres], Common Area B (Park) [0.8 acre]. The proposed density of Block 7B is 4.3 residences per acre. The gross density for all of Block 7 is currently 3.1 residences per acre and planned to increase density as Block 7C is developed. Transportation: The subdivision has two entries off Garnet Range Loop.One entry will be at Sago Palm Way, and the second entry will be at Queens Wreath Drive.The AMENDED Regular Council Meeting 12/15/2020 Page 157 of 219 subdivision has a typical internal, public street section utilizing a 42 foot wide right-of-way. Park Requirement and Trail Connectivity: The 175 residential lots in Block 7B require a minimum of 32,375 square feet of improved recreation area. A 37,715 square foot active recreation area is planned in Common Area "B", located in the western portion of the subdivision, adjacent to lots 326 and 301. There is a decomposed granite trail in Common Area "A" behind lots 203 through 205 at the entry into the subdivision at Sago Palm Way, that will provide connectivity from public sidewalks into the subdivision. There will also be sidewalks leading into the subdivision between lots 208 and 209 as well as 270 and 271. Preliminary Plat:The preliminary plat for Saguaro Bloom Block 7B was approved by adoption of Resolution No. 2020-075 at the July 21, 2020 Town Council meeting. TEP Easement Tucson Electric Power Company requires the Town of Marana to grant an electric easement in the Town-owned drainage way and open space area north of Block 7B. As a result of granting TEP an easement, the Town will be liable for TEP's electrical facility relocation costs if the Town ever does work in the drainage way that requires the facilities to be moved. Staff Recommendation: Staff has reviewed the request against the requirements of the Land Development Code, the Town Code, and the General Plan. The final plat is in substantial conformance with all required development regulations. Staff recommends adoption of Resolution 2020-135, approving the Final Plat for Saguaro Bloom "7B", Lots 203-377, Common Areas A (Drainage/Open Space) and “B” (Park). Suggested Motion: I move to adopt Resolution 2020-135, approving the Final Plat for Saguaro Bloom “7B”, Lots 203-377, Common Areas A (Drainage/Open Space) and “B” (Park) and authorizing the Town Engineer to sign the TEP easement. Attachments Resolution 2020-135 Saguaro Bloom Blk 7B Final Plat Location Map Application TEP Easement AMENDED Regular Council Meeting 12/15/2020 Page 158 of 219 Resolution No. 2020 -135 - 1 - MARANA RESOLUTION NO. 2020-135 RELATING TO DEVELOPMENT; APPROVING THE FINAL PLAT FOR SAGUARO BLOOM “7B”, LOTS 203-377, COMMON AREAS “A” (DRAINAGE/OPEN SPACE) AND “B” (PARK), GENERALLY LOCATED AT THE SOUTH EAST CORNER OF THE INTERSECTION OF LAMBERT LANE AND SAGUARO PEAKS BOULEVARD; AND AUTHORIZING THE TOWN ENGINEER TO SIGN THE TEP EASEMENT WHEREAS, on April 6, 2004, the Mayor and Town Council adopted Resolution No. 2004-015, approving the final block plat for Saguaro Springs, recorded in the Pima County Recorder’s Office at Book 58 of maps and plats, Page 23 (Sequence Number 20040700643); and WHEREAS, on September 17, 2019, the Mayor and Town Council adopted Resolution No. 2019 -089, approving the final plat for Saguaro Blo om “7A”, Lots 1-202, Blocks “7B” and “7C” (Future Residential) and Common Areas “A” (Drainage/Open Space) and “B” (Park), recorded in the Pima County Recorder’s Office at Sequence Number 20192700513; and WHEREAS, on July 21, 2020, the Mayor and Town Council adopted Resolution No. 2020-075, approving the Preliminary Plat for Saguaro Bloom "7B", Lots 203 -379 and Common Areas "A" (Drainage/Open Space) and "B" (Park); and WHEREAS Baker and Associates Engineering, Inc., on behalf of D. R. Horton, has applied fo r approval of a final plat for a 175 -lot single -family residential home subdivision within Block 7B of Saguaro Bloom , generally located at the southeast corner of the intersection of Lambert Lane and Saguaro Peaks Boulevard ; and WHEREAS to serve the Saguaro Bloom “7B” Final Plat, Tucson Electric Power Company requires the Town to grant an easement within Town -owned land; and WHEREAS, the Marana Town Council, at the regularly scheduled meeting on December 15, 2020, determined that the final plat for Saguaro Bloom 7B should be approved and the TEP easement should be granted . NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. The final plat for Saguaro Bloom “7B”, Lots 203-377, Common Areas A” and “B”, generally located at the southeast corner of the intersection of Lambert Lane and Saguaro Peaks Boulevard is hereby approved. AMENDED Regular Council Meeting 12/15/2020 Page 159 of 219 Resolution No. 2020 -135 - 2 - SECTION 2. The Town Engineer is hereby authorized to sign the TEP easement in substantially the form included with the agenda materials accompanying this resolution for and on behalf of the Town of Marana. SECTION 3. The Town’s Manager and staff are authorized to take all other actions necessary or appropriate to carry out the terms of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of December, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney AMENDED Regular Council Meeting 12/15/2020 Page 160 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 161 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 162 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 163 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 164 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 165 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 166 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 167 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 168 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 169 of 219 Latitude Geographics Group Ltd. 0.6 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.6 Notes 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. 0.280 1:18,055 PRV2007-001 Saguaro Bloom 7B FinalPlatTownofMaranaPlanning Marana Addresses Marana Town Limits Parcels (Black) AMENDED Regular Council Meeting 12/15/2020 Page 170 of 219 PRV2007-001 7/22/2020 AMENDED Regular Council Meeting 12/15/2020 Page 171 of 219 2020-2-6311092 W. O. # 6311093 – Saguaro Bloom 7B Easement, Page 1 of 2 Saguaro Springs Blk D REVISED JAN 2016 RIGHT OF WAY EASEMENT TOWN OF MARANA, AN ARIZONA MUNICIPAL CORPORATION hereinafter referred to as "Grantor"), hereby grants to Tucson Electric Power Company, an Arizona corporation, its successors and assigns (hereinafter referred to as "Grantee"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, a perpetual non-exclusive easement and right-of-way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time electric lines and appurtenant facilities for the transmission and distribution of electricity, consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers, concrete pads, risers, poles, anchors, guy wires and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for communication facilities of other entities (taken together, the “Facilities”), in, over, under, across and along that certain real property described as follows (the “Easement”): SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Grantor further conveys to Grantee, for purposes of ingress and egress to the Easement, a right of access over, upon or along Grantor’s property as is reasonably necessary to access the Easement. Grantee shall repair any damage to Grantor’s property that results from any such ingress or egress. Grantor agrees for itself, its successors and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, landscaping, earth fill, walls or fences upon the Easement that would impair the repair, maintenance or removal of any or all of the Facilities. All Facilities, including electrical and communication structures installed by Grantee in and upon the Easement, shall remain the personal property of the Grantee and shall not be deemed a part of the realty. Grantee and its contractors, agents and employees shall have the right to trim or top such trees and to cut such roots and remove such obstacles that could endanger or interfere with the Facilities, and shall have free access to the Facilities at all times for the purpose of exercising the rights herein granted. Grantee shall have the right during initial construction of the Facilities, to use for the purposes incidental to said construction, a strip of land 10 feet in width adjacent and contiguous to the Easement, said strip to be in whole or in part on each side of the Easement, said right to use said strip of land ceasing and being terminated at such time as said initial construction is completed. Grantor shall not increase or decrease the ground surface elevation within the boundaries of the Easement after approved final grade is established and meets Grantee’s construction standards. Subsequent to the construction, the ground surface shall not be penetrated to a depth in excess of 12 inches by any tool or implement, without having the underground facilities located and taking all necessary precautions to protect them. If subsequent to construction Grantor changes the grade in such a way as to require relocation or alteration of the Facilities, the cost shall be borne by Grantor or subsequent owners. Grantor hereby agrees that these covenants are made for the herein-described real property which is the subject of this Easement. Grantor hereby warrants and represents, and acknowledges Grantee’s reliance upon said warranty and representation, that Grantor has good and sufficient title to the real property in order to grant this Easement. AMENDED Regular Council Meeting 12/15/2020 Page 172 of 219 2020-2-6311092 W. O. # 6311093 – Saguaro Bloom 7B Easement, Page 2 of 2 Saguaro Springs Blk D REVISED JAN 2016 In consideration of the mutual terms, covenants and conditions herein contained, this easement shall be binding upon and inure to benefit of any heirs, executors, administrators, permittees, licensees, agents, or assigns of Grantor and any successors and assigns of Grantee. In witness hereof, the Grantor has executed these presents this day of 2020. Town of Marana, an Arizona municipal corporation SIGNATURE PRINTED NAME TITLE STATE OF ARIZONA ) ss COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this day of , 2020, by as for Town of Marana, an Arizona municipal corporation. Notary Public AMENDED Regular Council Meeting 12/15/2020 Page 173 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 174 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 175 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 176 of 219 AMENDED Regular Council Meeting 12/15/2020 Page 177 of 219 Council-Regular Meeting A5 Meeting Date:12/15/2020 To:Mayor and Council Submitted For:Heath Vescovi-Chiordi, Assistant to the Town Manager From:Heath Vescovi-Chiordi, Assistant to the Town Manager Date:December 15, 2020 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2020-136: Relating to Intergovernmental Relations; adopting a 2021 Town of Marana Legislative Policy Priority Program and authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue it (Heath Vescovi-Chiordi) Discussion: Each calendar year, in anticipation of the State Legislative Session, the Marana Town Council reviews and adopts a legislative policy priority program. This program captures issues and policy areas of importance to the Town of Marana's interests, such as state shared revenues, protection of local control, and other Town-related issues. This resolution provides the necessary authority from the Marana Town Council for Staff and contracted lobbyists to pursue the policies within the legislative program at the State Legislature. While many issues and policies from prior years are retained year over year in this legislative program, Town Staff did review the agenda with the Town's lobbying firm, Triadvocates, and made updates to reflect potential initiatives in the upcoming 2021 legislative session. Staff Recommendation: Council's pleasure. Suggested Motion: I move to adopt Resolution No. 2020-136; adopting a 2021 Town of Marana Legislative AMENDED Regular Council Meeting 12/15/2020 Page 178 of 219 I move to adopt Resolution No. 2020-136; adopting a 2021 Town of Marana Legislative Policy Priority Program and authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue it. Attachments Resolution 2020-136 Triadvocates Election Legislative Update AMENDED Regular Council Meeting 12/15/2020 Page 179 of 219 Resolution No. 2020-136 - 1 - MARANA RESOLUTION NO . 2020-136 RELATING TO INTERGOVERNMENTAL RELATIONS; ADOPTING A 2021 TOWN OF MARANA LEGISLATIVE POLICY PRIORITY PROGRAM AND AUTHORIZING AND DIRECTING THOSE AUTHORIZED TO LOBBY ON BEHALF OF THE TOWN OF MARANA TO REPRESENT AND PURSUE IT BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Those persons authorized by the Town of Marana to lobby on its behalf and registered as such with the Secretary of the State of Arizona pursuant to Arizona Revised Statutes § 41-1231 et seq. (the "Town Lobbyists") are hereby authorized and directed, subject to the continuing supervision of the Town Manager and the Town Council, to represent and pursue the legislative, executive and intergovernmental interests of the Town of Marana by supporting legislation that embodies any of the following basic principles: A. Protects state-shared revenues that fund essential services and strengthen local economies. B. Maintains local control while seeking partnership between municipalities and the State. C. Empowers the Town of Marana with sufficient flexibility to address an expanding and changing variety of local needs and conditions. D. Establishes appropriate means to ad equately compensate the Town for the costs of complying with state-mandated requirements. E. Provides the Town with the means to cope with unfunded mandates, cost increases, population growth and escalating service requirements. F. Enables the Town to provide public services in a more responsive, efficient and cost-effective manner. G. Ensures that the Town has the ability to provide, manage or operate critical infrastructure necessary to promote or maintain the health and safety of residents, preserve and direct land use and ensure the future sustainability of the community. SECTION 2. In addition to those basic principles set forth in Section 1 of this resolution, the Town Lobbyists are authorized and directed to pursue the following specific objectives: A. Support the maintenance and/or restoration of existing sources of transportation funding for municipalities, including the Highway User Revenue Fund (HURF) and Local Transportation Assistance Fund (LTAF) I and II. AMENDED Regular Council Meeting 12/15/2020 Page 180 of 219 Resolution No. 2020-136 - 2 - B. Support the maintenance, restoration and/or expansion of existing economic development programs and funding and the creation of new programs and tools to support local economic development. C. Support efforts to preserve access to water for municipal governments, including continuation of statutory responsibility to develop and manage water resources in order to provide existing and future residents with appropriate levels of service. D. Support legislation that encourages provision of funding for high quality potable water resources and infrastructure for residents of local Arizona municipalities. E. Support legislation that simplifies Arizona's tax codes while protecting the Town's state-shared revenue allocations, contracting sales tax and other tax revenue sources. F. Support efforts that develop mutually beneficial solutions to state land use issues, including expedited land acquisition processes and timely resolutions to issues regarding protected land. G. Support legislation that focuses on maintaining current or allocating additional funding for airport-related development efforts, including but not limited to Economic Development, capital improvements and maintenance, and funding of an air traffic control tower. H. Support legislation regarding COVID19 relief, including but not limited to budget support for local municipal operations and municipal liability protection. SECTION 3. Legislation that is inconsistent with any of the basic principles or objectives set forth in Sections 1 and 2 above should be opposed or appropriate amendments pursued. SECTION 4. 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 and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of December, 2020. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney AMENDED Regular Council Meeting 12/15/2020 Page 181 of 219 Elections & Legislative Update December 15, 2020 TOWN OF MARANA AMENDED Regular Council Meeting 12/15/2020 Page 182 of 219 Today’s Agenda Arizona Election Overview 2021 Arizona Legislature Political Landscape AMENDED Regular Council Meeting 12/15/2020 Page 183 of 219 Arizona Election Overview AMENDED Regular Council Meeting 12/15/2020 Page 184 of 219 Arizona Election Overview 3,420,565 – Number of ballots cast (compared to 2,661,497 in 2016) 79.9% – Voter turnout; the highest in Arizona history 1996 – Last time Arizona voted for a Democratic presidential candidate (Clinton) 1953 – Last time Arizona had two Democratic U.S. Senators Republicans will maintain majorities despite predictions that Democrats could flip one or both state legislative chambers, Both Prop. 207 (marijuana) and Prop. 208 (education funding) easily passed AMENDED Regular Council Meeting 12/15/2020 Page 185 of 219 President Joe Biden (D) 49.36% 1,672,143 Donald Trump (R) 49.06% 1,661,686 Mark Kelly (D) 51.16% 1,716,467 Martha McSally (R) 48.81% 1,637,661 Federal Races U.S. Senate Kelly will finish late Sen. McCain’s term set to expire in two years and is expected to run for reelection in 2022. 0 2 AMENDED Regular Council Meeting 12/15/2020 Page 186 of 219 Federal Races – U.S. Congress Race Candidate Vote CD 1 Tom O’Halleran* (D) 51.61% CD 2 Ann Kirkpatrick* (D) 55.10% CD 3 Raúl Grijalva* (D) 64.57% CD 4 Paul Gosar* (R) 69.74% CD 5 Andy Biggs* (R) 58.88% CD 6 David Schweikert* (R) 52.17% CD 7 Ruben Gallego* (D) 76.69% CD 8 Debbie Lesko* (R) 59.56% CD 9 Greg Stanton* (D) 61.63% Incumbent All incumbents will return to D.C. The current party ratio for the Arizona delegation remains the same. 5 4 AMENDED Regular Council Meeting 12/15/2020 Page 187 of 219 Ballot Measures Proposition 207 Legalizes possession and use of marijuana for adults (21+) in Arizona and permits individuals to grow up to six marijuana plants in their residences. Yes ….. 60.03% No ….. 39.97% Proposition 208 Establishes an income tax surcharge on taxable annual income over a certain threshold – $250,000 in income for single persons, $500,000 for married joint filers – to provide additional funds for public K-12 education. Yes ….. 51.75% No ….. 48.25% AMENDED Regular Council Meeting 12/15/2020 Page 188 of 219 2021 Arizona Legislature AMENDED Regular Council Meeting 12/15/2020 Page 189 of 219 2021 ARIZONA LEGISLATURE SENATE HOUSE 16 Seats 14 Seats 31 Seats 29 Seats Current Split: 17 – 13 Current Split: 31-29AMENDEDRegularCouncilMeeting12/15/2020 Page 190 of 219 2021 Legislative Leadership Majority Leadership: Rusty Bowers, Speaker Travis Grantham, Speaker Pro-Temp Ben Toma , Majority Leader Leo Biasiucci, Majority Whip Minority Leadership: Reginald Bolding, Minority Leader Jennifer Longdon, Assistant Leader Domingo DeGrazia, Whip Senate House Majority Leadership: Karen Fann, President Vince Leach, President Pro-Temp Rick Gray, Majority Leader Sonny Borrelli, Majority Whip Minority Leadership: Rebecca Rios, Minority Leader Lupe Contreras, Assistant Leader Martín Quezada, Co-Whip Victoria Steele, Co-Whip AMENDED Regular Council Meeting 12/15/2020 Page 191 of 219 MARANA DELEGATION DISTRICT SENATE HOUSE LD 11 Sen. Vince Leach (R) 1.Appropriations 2.Finance 3.Judiciary Rep. Brett Roberts (R) 1.Military Affairs & Public Safety 2.Education 3.Criminal Justice Reform Rep. Mark Finchem (R) 1.Military Affairs & Public Safety 2.Natural Resources, Energy & Water 3.Judiciary LD 9 Sen. Victoria Steele (D) 1.Transportation 2.Natural Resources, Energy & Water Dr. Randy Friese (D) 1.Appropriations 2.Health & Human Services Rep. Pamela Powers Hannley (D) 1.Commerce 2.Ways & Means 3 Seats 3 Seats AMENDED Regular Council Meeting 12/15/2020 Page 192 of 219 Political Landscape AMENDED Regular Council Meeting 12/15/2020 Page 193 of 219 GOP trifecta remains intact; strong conservative leadership in both chambers Tensions continue to rise between some GOP legislators and the Governor regarding executive power Party ratios are nearly identical, but dynamics within caucuses will significantly shift (deficit in moderate legislators; new minority leadership in the House) 15 new legislators; 2 in the Senate (1 R, 1 D) and 13 in the House (10 Rs, 3 Ds) State revenue collections have been higher than anticipated Bills from last session may be “fast-tracked” in some capacity Legislating in the midst of a global pandemic; logistical unknowns Legislative Opening Day is January 11, 2021 Political Landscape AMENDED Regular Council Meeting 12/15/2020 Page 194 of 219 STATE FISCAL FORECAST Finance Advisory Committee – October 8, 2020 State revenue collections have been higher than anticipated (what was projected to be a $( 190)M FY20 shortfall due to COVID is now an ending balance of $372M for FY20); New estimates project a FY21 ending balance of $411M and a FY22 ending balance of $93M, assuming no long-term spikes in COVID require business shutdowns The higher FY 2020 balance is a function of both revenue growth and the Executive using $ 396M from the federal CRF monies to supplant General Fund spending. 970 million remains in the Rainy-Day Fund AMENDED Regular Council Meeting 12/15/2020 Page 195 of 219 CRF CARES ACT – AZ ALLOCATIONS Arizona’s total Coronavirus Relief Fund allocation is $2.82 billion for state and local governments. The state received $1.86 billion, to date the Governor has committed approximately $1.48 billion and has about $380 million left to allocate. The following has been allocated: 441 M to small local governments. Full list of individual allocations 396 M to reimburse $300 million in General Fund spending for public safety and health personnel costs, $96 million in Other State Fund spending 370 M to public schools for enrollment declines 150 M for the AZ Express Pay Program, to expedite payment for FEMA grants 70 M to Department of Health Services for direct COVID expenses 25 M to increase hospital staffing 9 M to the Secretary of State for COVID-19 response efforts and early voting opportunities 8 M to the universities for testing, surveillance, and other response efforts 5 M for support of 2020 census 4 M to AZ Office of Tourism to develop a strategic recovery plan & domestic marketing 2 M for the AZ Commerce Authority to assist businesses 2 M for the AZ Stay Connected Program to provide $10,000 technology grants to skilled nursing facilities and Intermediate Care Facilities. 2 M for AZ Virtual Teacher Institute AMENDED Regular Council Meeting 12/15/2020 Page 196 of 219 2020 POLICY ISSUES EXPECTED TO CARRYOVER IN 2021 Transportation / Gas Tax Public Works Contract Payment Tourism Marketing Authority Firefighters Workers Comp Cancer Presumption State Affordable Housing Tax Credit Short Term Rentals Reform COVID -19 Civil Liability AMENDED Regular Council Meeting 12/15/2020 Page 197 of 219 POLICY ISSUES EXPECTED IN 2021 Election Reform Criminal Justice Reform Autonomous Vehicle Legislation Construction Tax Reform Alcohol To-Go Legislation Innovative Healthcare Solutions; Telehealth Broadband Expansion COVID -19 Related ResponseAMENDEDRegularCouncilMeeting12/15/2020 Page 198 of 219 Julie Rees, Principal Julie@triadvocates.com Lourdes Peña, Public Affairs Advisor Lourdes@triadvocates.comAMENDEDRegularCouncilMeeting12/15/2020 Page 199 of 219 Council-Regular Meeting A6 Meeting Date:12/15/2020 To:Mayor and Council From:Curry C. Hale, Human Resources Director Date:December 15, 2020 Strategic Plan Focus Area: Progress & Innovation Strategic Plan Focus Area Additional Info: Principle Statement 1/We will explore bold ideas and best practices as a catalyst for forward-thinking and visionary community leadership. Subject:Resolution No. 2020-137: Relating to Personnel; approving a mid-year Team Performance Pay increase effective as of the pay period starting on January 2, 2021 for eligible Town of Marana employees and approving a corresponding budget capacity transfer from the general fund contingency line item to each applicable department budget in the Fiscal Year 2020-2021 budget (Curry C. Hale) Discussion: The Town of Marana is committed to providing a highly competitive compensation package for its employees.In alignment with the Strategic Plan, the Town’s goal is to recruit and retain high-performing employees who develop innovative approaches to serving citizens and community partners. This item proposes to reward all eligible Town employees a 3% mid-year Team Performance Pay increase for the pay period starting on January 02, 2021. This Team Performance Pay is based on performance and behavior that is aligned with the Town’s strategic plan, policies, directives and cultural values (dedicated service, respect, teamwork and engaged innovation).This adjustment takes into consideration the Town’s pay philosophy to maintain a competitive position in the market and to recognize and reward employees who push the organization toward excellence. Team Performance Pay Eligibility Regular full- and part-time classified, sworn, and unclassified employees, hiredon1. AMENDED Regular Council Meeting 12/15/2020 Page 200 of 219 Regular full- and part-time classified, sworn, and unclassified employees, hired on or before July 1, 2019 and not at the top of their pay range. 1. Regular full- and part-time classified, sworn, and unclassified employees hired between July 2, 2019 and December 31, 2019 and not at the top of their pay range are eligible to receive a pro-rated adjustment. 2. Employees are not eligible if they would not have been eligible for increases on July 1, 2020 (i.e. if hired on or after January 1, 2020). 3. Employees classified in term-limited temporary (TLT) and short-term temporary STT) positions (i.e. Lifeguards, Sports Officials, Interns, etc.) are not eligible. 4. Contract employees’ (Town Manager and Town Magistrate) eligibility shall be determined by the terms of any employment agreement approved by the Council. 5. Employees who have received either a corrective action memo or a written reprimand during Fiscal Year 2020 are eligible to receive 1%. 6. Employees who have been on leave status for more than six months, suspended, involuntarily demoted, or have received more than either one corrective action memo or one written reprimand during Fiscal Year 2020 are not eligible. Employees receiving a combination of a Work or Performance Improvement Plan (WIP/PIP) and either a corrective action memo related to expectations outlined in the WIP/PIP or written reprimand during Fiscal Year 2020 are not eligible. 7. A department head has the option to seek approval from the Town Manager for a 6 month delayed pay adjustment regarding the withheld adjustment if no further WIP/PIP or disciplinary action is issued to the employee during that 6 month period. 8. The Team Performance Pay increase recommended is 3%.The estimated cost of this increase is $441,000 for the remainder of the fiscal year.The estimated annualized cost of increase is $882,000. Approval of this agenda item would require budget capacity to be transferred from the General Fund Contingency budget to each individual department's budget in the General Fund,the Bed Tax Fund, Water Fund, Water Reclamation Fund and Airport Fund. Financial Impact: Fiscal Year:2021 Budgeted Y/N:N Amount:$441,000 The estimated cost associated with the 3% mid-year Team Performance Pay increase for the pay period starting on January 02, 2021 is $441,000 for fiscal year 2021, while the Town’s annualized budget impact for ongoing salary expense is estimated at 882,000. Staff Recommendation: Staff recommends adoption of Resolution No. 2020-137, approving the necessary amount AMENDED Regular Council Meeting 12/15/2020 Page 201 of 219 Staff recommends adoption of Resolution No. 2020-137, approving the necessary amount of budget capacity to transfer from general fund contingency for a 3% mid-year Team Performance Pay increase for the pay period starting on January 02, 2021 for eligible Town of Marana employees. Suggested Motion: I move to adopt Resolution No. 2020-137, approving the necessary amount of budget capacity to transfer from general fund contingency for a 3% mid-year Team Performance Pay increase for the pay period starting on January 02, 2021 for eligible Town of Marana employees. Attachments Resolution 2020-137 Exhibit A Mid-Year Increase Presentation AMENDED Regular Council Meeting 12/15/2020 Page 202 of 219 00073548.DOCX /2 Resolution No. 20 20-137 - 1 - MARANA RESOLUTION NO. 2020-137 RELATING TO PERSONNEL; APPROVING A MID-YEAR TEAM PERFORMANCE PAY INCREASE EFFECTIVE AS OF THE PAY PERIOD STAR TING ON JANUARY 2, 2021 FOR ELIGIBLE TO WN OF MARANA EMPLOYE ES AND APPROVING A CORRESPONDING BUDGET CAPACITY TRANSFER FROM THE GENERAL FUND CONTINGENCY LINE ITEM TO EACH APPLICABLE DEPARTMENT BUDGET IN THE FISCAL YEAR 2020-2021 BUDGET WHEREAS the Town Council is authorized by A.R.S. § 9-240(A) to control the finances of the Town; and WHEREAS due to the uncertainty of the budget due to the unknown impact of the COVID-19 pandemic, the Town of Marana did not provide a Team Performance Pay Adjustment to its employees for fiscal year 2021; and WHEREAS the Town has determined after a careful review of its budget at mid-year that funding is available to grant a Team Performance Pay Adjustment to eligible employees beginning with the pay period starting on January 2, 2021; and WHEREAS Town of Marana employees are positive and professional and strive to provide the best public service to the Town and its citizens ; and WHEREAS the Town of Marana is committed to expressing its support and appreciation of its employees ; and WHEREAS on July 21, 2020, the Town Council adopted the fiscal year 2020 -2021 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS transferring amounts within the fiscal year 2020 -2021 budget will not significantly impact the General Fund; and WHEREAS reallocations of budgetary amounts between the contingency line item in the General Fund to other line items are necessary from time to time; and WHEREAS the Town Council finds that approving a mid-year Team Performance Pay Adjustment for eligible employees and approving the budgetary reallocations addressed by this resolution are in the best interest of the Town of Marana . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: AMENDED Regular Council Meeting 12/15/2020 Page 203 of 219 00073548.DOCX /2 Resolution No. 20 20-137 - 2 - SECTION 1. The Town Council of the Town of Marana hereby approves a mid-year Team Performance Pay Adjustment effective as of the pay period starting on January 2, 2021, for eligible employees, as described in Exhibit A, attached to and incorporated by this reference in this resolution. SECTION 2. The transfer of budget capacity for the mid-year Team Performance Pay Adjustment from the General Fund contingency line item to each applicable department budget in the fiscal year 2020-2021 budget is hereby approved. SECTION 3. The Town’s Manager and staff are hereby directed and authorize d to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of December, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney AMENDED Regular Council Meeting 12/15/2020 Page 204 of 219 Town of Marana Fiscal Year 20 21 Team Performance Pay The Town is committed to providing fair and competitive compensation to its employees through performance and behavior based pay that align with the Town’s strategic plan, policies, directives and cultural values (dedicated service, respect, teamwork, and engaged innovation). Our compensation philosophy is to have a strategy that attracts, retains and motivates employees to accomp lish the organization’s goals and objectives. The Town’s compensation strategy focuses on annual team performance and behavior in lieu of market-based adjustments. After careful review of the Fiscal Year 2021 budget at mid-year, funding is available to grant eligible employees a mid-year Team Performance Pay adjustment of up to 3.0%. Employees eligible for the Team Performance Pay adjustment will receive no more than 3.0% within their paygrade, not to exceed the maximum of their paygrade. If the Team Performance Pay adjustment for an eligible employee exceeds the maximum of their paygrade, they will receive a lump sum payment for the portion of their increase that exceeds the maximum of their paygrade. Team Performance Pay Eligibility 1. Regular full- and part-time classified, sworn, and unclassified employees, hired on or before July 1, 2019 and not at the top of their pay range, are eligible to receive the Team Performance Pay of 3% if not otherwise disqualified by the criteria set forth below. 2. Regular full- and part-time classified, sworn, and unclassified employees hired between July 2, 2019 and December 31, 2019 and not at the top of their pay range, are eligible to receive a pro-rated Team Performance Pay adjustment of 3% if not otherwise disqualified by the criteria set forth below. 3. Employees hired on or after January 1, 2020 are not eligible to receive the Team Performance Pay adjustment. 4. Employees classified in term-limited temporary (TLT) and short-term temporary (STT) positions (i.e. Lifeguards, Sports Officials, Interns, etc.) are not eligible to receive the Team Performance Pay adjustment. 5. Contract employees’ (Town Manager and Town Magistrate) eligibility shall be determined by the terms of any employment agreement approved by the Council. 6. Regular full- and part-time classified, sworn, and unclassified employees who are at the top of their pay range are eligible to receive the Team Performance Pay adjustment as a lump sum payment if not otherwise disqualified by the criteria set forth below. 7. Regular full- and part-time classified, sworn, and unclassified employees who have received either a corrective action memo or a written reprimand during Fiscal Year 2020 are eligible to receive a 1% Team Performance Pay adjustment or lump sum payment. 8. Employees who have been on leave status for more than six months, suspended, involuntarily demoted, or have received more than either one corrective action memo or one written reprimand during Fiscal Year 2020 are not eligible to receive the Team Performance Pay adjustment. Emp loyees receiving a combination of a Work or Performance Improvement Plan (WIP/PIP) and either a corrective action memo related to expectations outlined in the WIP/PIP or written reprimand during Fiscal Year 2020 are not eligible to receive the Team Performance Pay adjustment. AMENDED Regular Council Meeting 12/15/2020 Page 205 of 219 2 9. A department head has the option to seek approval from the Town Manager for a 6 month delayed pay adjustment regarding the withheld adjustment if no further WIP/PIP or disciplinary action is issued to the employee during that 6 month period. Implementation 1. Team Performance Pay adjustments shall not cause an employee’s base salary to exceed the maximum of the paygrade for the employee’s position. 2. Calculation of the Team Performance Pay adjustment will be based on an employee’s regular base pay rate, exclusive of other types of compensation (i.e. special assignment pay, overtime pay, shift differential, etc.) Pay Administration 1. Eligible employees will receive the Team Performance Pay adjustment with the pay period beginning January 2, 2021 (reflected on the January 22, 2021 paycheck). 2. Compensation will be paid in accordance with the Town’s bi-weekly regular payroll cycle. 3. Compensation will be subject to normal payroll taxes and other regular payroll deductions. 4. Compensation will be subject to pension contributions as provided by state law. 5. Federal and State withholding will be calculated based on the current exemptions on file. AMENDED Regular Council Meeting 12/15/2020 Page 206 of 219 MID-YEAR TEAM PERFORMANCE PAY INCREASE AMENDED Regular Council Meeting 12/15/2020 Page 207 of 219 Background Team Performance Pay is a salary increase based on performance and behavior that aligns with our cultural values Typically, Team Performance Pay is funded when the budget is adopted Team Performance Pay is funded to recruit and retain high performing employees Local labor market survey is conducted annually to ensure we remain competitive AMENDED Regular Council Meeting 12/15/2020 Page 208 of 219 Local Labor Market Town of Sahuarita 2% COLA in July 2020. They normally do a 4% merit increase. Town of Oro Valley Considering across-the-board salary increase, probably in February (amount or % unknown at this time.) They normally do 2.5% -3.0% civilian merits and 5% police. City of Tucson 2% increase planned before end of year. Pima County 0% increase planned for current fiscal year. Responses as of 11/18/2020 AMENDED Regular Council Meeting 12/15/2020 Page 209 of 219 Mid-year Percentage Increase Salary Increase FY 2021 Cost Annualized impact 3.0%441,000$ 882,000$ AMENDED Regular Council Meeting 12/15/2020 Page 210 of 219 Fund Breakout –3.0% increase General Fund Bed Tax Water Wastewater Airport Total 3.0%397,375$ 1,761$ 30,554$ 7,071$ 3,752$ 440,513$ Salary Increase Fiscal Year 2021 Cost AMENDED Regular Council Meeting 12/15/2020 Page 211 of 219 Team Performance Pay Eligibility Regular full-and part-time classified, sworn, and unclassified employees, hired on or before July 1, 2019 and not at the top of their pay range. Regular full-and part-time classified, sworn, and unclassified employees hired between July 2, 2019 and December 31, 2019 and not at the top of their pay range are eligible to receive a pro-rated adjustment. Employees are not eligible if they would not have been eligible for increases on July 1, 2020 (i.e. if hired on or after January 1, 2020). Employees classified in term-limited temporary (TLT) and short-term temporary ( STT) positions (i.e. Lifeguards, Sports Officials, Interns, etc.) are not eligible. Contract employees’ (Town Manager and Town Magistrate) eligibility shall be determined by the terms of any employment agreement approved by the Council. AMENDED Regular Council Meeting 12/15/2020 Page 212 of 219 Team Performance Pay Eligibility Employees who have received either a corrective action memo or a written reprimand during Fiscal Year 2020 are eligible to receive 1%. Employees who have been on leave status for more than six months, suspended, involuntarily demoted, or have received more than either one corrective action memo or one written reprimand during Fiscal Year 2020 are not eligible. Employees receiving a combination of a Work or Performance Improvement Plan (WIP/PIP) and either a corrective action memo related to expectations outlined in the WIP/PIP or written reprimand during Fiscal Year 2020 are not eligible. A department head has the option to seek approval from the Town Manager for a 6 month delayed pay adjustment regarding the withheld adjustment if no further WIP/PIP or disciplinary action is issued to the employee during that 6 month period. AMENDED Regular Council Meeting 12/15/2020 Page 213 of 219 Specific Decision Point Approve the necessary amount of budget capacity to transfer from general fund contingency for a 3% mid-year Team Performance Pay effective on January 2, 2021 for eligible Town of Marana employees. AMENDED Regular Council Meeting 12/15/2020 Page 214 of 219 Feedback or Questions AMENDED Regular Council Meeting 12/15/2020 Page 215 of 219 Council-Regular Meeting A7 Meeting Date:12/15/2020 To:Mayor and Council Submitted For:Scott Schladweiler, Water Director From:Scott Schladweiler, Water Director Date:December 15, 2020 Strategic Plan Focus Area: Not Applicable Subject:Ordinance No. 2020.022: Relating to Utilities; rescinding Marana Ordinance No. 2020.006, as extended by Marana Ordinance No. 2020.007, which temporarily suspended enforcement of Marana Town Code Section 14-5-4 (Nonpayment of delinquent bill; filing of lien; interest) as it relates to disconnecting utility service for non-payment; and authorizing Town staff to implement payment plan options and other customer assistance programs for the collection of delinquent payments Amanda Jones) Discussion: On March 17, 2020, in an effort to help mitigate the spread of COVID-19, the Town Council approved Ordinance No. 2020.006, temporarily suspending the enforcement of enforcement of Marana Town Code (MTC) section 14-5-4(A) as it relates to turning off a customer’s water supply for non-payment of a water bill, through April 30, 2020. On April 21, 2020, the Council approved Ordinance 2020.007 which extended the suspension of water disconnections for non-payment until such time that the Mayor's March 17, 2020 Proclamation of Local and Emergency is withdrawn. Customers not able to pay during this time were to remain financially responsible for all usage charges. This suspension has been in place for over seven months and the Town's ability to provide safe and reliable water and sewer services to our customers is funded by revenue collected from water and sewer bills. As the Town moves carefully toward further reopening, we must return to regular billing practices. To ensure adequate funding remains available for day-to-day operations of the water and sewer systems and to prevent customers from falling farther behind, staff recommends reinstating Marana Town Code section 14-5-4(A) for the February 2021 due dates, to allow for customer AMENDED Regular Council Meeting 12/15/2020 Page 216 of 219 notification and outreach. Payment plan options for those customers unable to become or remain current with their water and sewer service bills have been prepared, and customers will not incur late fees for the duration of their payment plan period. Staff has been developing additional assistance programs for customers who might be experiencing a financial hardship. These options will be made available to delinquent customers with adequate time to select and enter into a payment plan or customer assistance program. Adoption of the proposed ordinance will rescind Ordinance No. 2020.006, having the effect of reinstating water disconnections for non-payment. The ordinance also authorizes staff to administratively approve payment plan options for customers and to pursue further customer assistance programs for those experiencing a financial hardship. Financial Impact: Delinquent receivables have significantly increased since March and are currently at approximately $75,000. Reinstating disconnects and providing payment plan options for customers would allow collection of uncollected revenue over the next six to twelve months. Staff Recommendation: Staff recommends approval of Ordinance No. 2020.022, rescinding Ordinance No. 2020.006 and reinstating disconnects for non-payment as of the February due dates, and authorizing staff to implement payment plan options and customer assistance programs for the collection of payments. Suggested Motion: I move to adopt Ordinance No. 2020.022, rescinding Marana Ordinance No. 2020.006,and authorizing Town staff to implement payment plan options and other customer assistance programs for the collection of payments. Attachments Ordinance 2020.022 AMENDED Regular Council Meeting 12/15/2020 Page 217 of 219 Ordinance No. 2020 .022 - 1 - MARANA ORDINANCE NO. 2020.022 RELATING TO UTILITIE S; RESCINDING MARANA ORDINANCE NO. 2020.006, AS EXTENDED BY MARANA O RDINANCE NO. 2020.007, WHICH TEMPORARILY SUSPENDED ENFORCEMENT OF MARANA TOWN CODE SECTION 14-5-4 NONPAYMENT OF DELINQUENT BILL; FILING O F LIEN; INTEREST) AS IT RELATES TO DISCONNECTING UTILITY SERVICE FOR NON-PAYMENT; AND AUTHORIZING TOWN STAFF TO IMPLEMENT PAYMENT PLAN OPTIONS AND OTHER CUSTOMER ASSISTANCE PROGRAMS FOR THE COLLECTION OF DELINQUENT PAYMENTS WHEREAS, on March 17, 2020, Mayor Ed Honea issued a Proclamation of Local Emergency in response to the actions taken by federal, state, and local jurisdictions in addressing conditions related to the COVID-19 pandemic outbreak; and WHEREAS, on March 17, 2020, the Marana Town Council adopted Marana Ordinance No. 2020.006, temporarily suspend ing Marana Town Code Section 14 -5-4 Nonpayment of delinquent bill; filing of lien; interest) as it relates to disconnecting utility service for non-payment through April 30, 2020, as a precautionary measure to help mitigate the spread of COVID-19; and WHEREAS, on April 21, 2020, the Marana Town Council adopted Marana Ordinance No. 2020.007, extending the expiration date of Marana Ordinance No. 2020.006 until the time upon which Mayor Ed Honea issues a proclamation declaring the end of the local emergency resulting from COVID-19; and WHEREAS notwithstanding the temporary suspension of disconnections , utility customers remained responsible for paying all utility rates, charges , and fees upon billing for continued utility usage ; and WHEREAS delinquent receivables for non-payment of water bills have significantly increased since March and are currently at approximately $75,000 ; and WHEREAS to ensure adequate funding remains available for day -to-day operations of the water and sewer systems and to prevent custo mers from falling farther behind, it is necessary to reinstate disconnections for non -payment of water bills ; and WHEREAS the Town Council finds that rescinding Marana Ordinance No. 2020.006 is in the best interests of the Town and its residents . BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: AMENDED Regular Council Meeting 12/15/2020 Page 218 of 219 Ordinance No. 2020 .022 - 2 - Section 1. Marana Ordinance No. 2020.006, as extended by Marana Ordinance No. 2020.007, is hereby rescinded effective February 1, 2021. Section 2. Town staff is hereby authorized and directed to implement payment plan options and other customer assistance programs to assist in collecting delinquent payments owed to the Water Department for service . Section 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of December, 2020. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney AMENDED Regular Council Meeting 12/15/2020 Page 219 of 219