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HomeMy WebLinkAboutRegular Council Agenda Packet 04/06/2021              MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 6, 2021, 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 April 6, 2021, 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 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 Regular Council Meeting 04/06/2021 Page 1 of 156 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 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.Regular Council Meeting 04/06/2021 Page 2 of 156 future agenda.   PROCLAMATIONS   P1 Proclamation declaring April 18 – 24, 2021 as, "Volunteer Appreciation Week" (Cherry L. Lawson)   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately.   C1 Resolution No. 2021-034: Relating to Personnel; approving and authorizing the Human Resources Director to execute a Memorandum of Understanding between the Town and the Arizona Board of Regents, Arizona State University Establishing a Tuition Discount Program for Town Employees (Curry C. Hale)   C2 Resolution No. 2021-035: Relating to Personnel; approving and authorizing the Human Resources Director to execute a Memorandum of Understanding between the Town and the Arizona Board of Regents for and on behalf of Northern Arizona University Establishing a Tuition Discount Program for Town Employees (Curry C. Hale)   C3 Resolution No. 2021-036: Relating to Personnel; approving and authorizing the Human Resources Director to execute the University of Arizona Online Letter Agreement for an Employee Degree Attainment Program Partnership (Curry C. Hale)   C4 Resolution No. 2021-037: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4 - Employment Benefits and Leaves by amending Section 4-3-4 "Amount of Managed Time Off Leave", Section 4-4-2 "Town Approved Holidays" and Section 4-4-4 "Miscellaneous Rules" (Curry C. Hale) Regular Council Meeting 04/06/2021 Page 3 of 156   C5 Resolution No. 2021-038: Relating to Development; approving the first amendment to the Marana Main Street Development Agreement and Right-of-Way License (Heath Vescovi-Chiordi)   C6 Resolution No. 2021-039: Relating to Real Estate; approving and authorizing the Town Manager to execute an amended and restated License Agreement with Marana Health Center, Inc. for use of Town-owned property located north of Bill Gaudette Drive between Marana Main Street and North Sandario Road for a COVID-19 drive-through vaccination site (Jane Fairall)   C7 Resolution No. 2021-040: Relating to Real Estate; approving and authorizing the Town Manager to execute a License Agreement with CORE Construction, Inc. for use of Town-owned property located adjacent to Northwest fire District Station 36, 13475 Marana Main Street, for a construction staging area (Jane Fairall)   C8 Resolution No. 2021-041: Relating to Development; approving a final plat for Tangerine/I-10 Lots 1 through 10, Parcel A located west of the intersection of Tangerine Road and Interstate 10 (Justin Currie)   C9 Resolution No. 2021-042: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute DUI Abatement Grant Program Agreement number DUIAC-E-146 between the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement and the Town of Marana for grant funding for DUI Warrant Detail (Kristin Taft)   C10 Approval of Council Regular Meeting Summary Minutes of March 16, 2021 (Cherry L. Lawson)   LIQUOR LICENSES   BOARDS, COMMISSIONS AND COMMITTEES   COUNCIL ACTION   A1 PUBLIC HEARING: Ordinance No.2021.004: Relating to Land Development; revising Marana Town Code Title 17 (Land Development), Chapter 17-2 (Administrative bodies and officers) by deleting existing Section 17-2-3 (Planning director) and replacing it with new Section 17-2-3 (Planning department and Planning manager); deleting Section 17-2-4 (Cultural Resources Preservation Board); providing that the Planning manager shall be Regular Council Meeting 04/06/2021 Page 4 of 156 primarily responsible for the administration of Title 17 instead of the Planning director and making corresponding changes throughout Title 17; and declaring an emergency (Jane Fairall)   A2 Resolution 2021-043: Relating to Budget; authorizing the transfer of up to $75,000 in budgeted expense authority from the General Fund contingency line item to the Water Department budget in the FY21 budget for costs related to customer assistance programs (Amanda Jones)   A3 Ordinance No. 2021.005: Relating to Animal Control; amending Marana Town Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to amend several definitions and to add new definitions; revising section 6-4-1 (Dogs at large prohibited; exceptions; classification) to add a new classification of offense; revising section 6-5-1 (Animal waste removal; exceptions; classification) to add a time period for offense and disposal provision; revising section 6-6-2 (Neglect prohibited; classification; penalty) to add offense related to tie outs; revising Chapter 6-7 to rename it as "Vicious, aggressive, or destructive animals and biting animals" and to add a civil procedure for declaration of animal as vicious, aggressive or destructive, clarifying prohibited acts, relocating provisions related to vicious, aggressive or destructive animals from Chapter 6-8, and adding a penalty for failure to report animal's status; revising Chapter 6-8 (Removal, impoundment, forfeiture and disposition of animals) to add provisions regarding impoundment of vicious, aggressive, or destructive animals; modifying various other provisions and designating an effective date (Libby Shelton) Resolution No. 2021-044: Relating to Animal Control; declaring as a public record filed with the Town Clerk the amendments to Marana Town Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to amend several definitions and to add new definitions; revising section 6-4-1 (Dogs at large prohibited; exceptions; classification) to add a new classification of offense; revising section 6-5-1 (Animal waste removal; exceptions; classification) to add a time period for offense and disposal provision; revising section 6-6-2 (Neglect prohibited; classification; penalty) to add offense related to tie outs; revising Chapter 6-7 to rename it as "Vicious, aggressive, or destructive animals and biting animals" and to add a civil procedure for declaration of animal as vicious, aggressive or destructive, clarifying prohibited acts, relocating provisions related to vicious, aggressive or destructive animals from Chapter 6-8, and adding a penalty for failure to report animal's status; revising Chapter 6-8 (Removal, impoundment, forfeiture and disposition of animals) to add provisions regarding impoundment of vicious, aggressive, or destructive animals; modifying various other provisions and designating an effective date (Libby Shelton)   A4 Resolution No. 2021-045: Relating to Development; approving and Regular Council Meeting 04/06/2021 Page 5 of 156 A4 Resolution No. 2021-045: Relating to Development; approving and authorizing the Mayor to execute an Acquisition Agreement & Administrative Settlement and the Town Engineer to execute all other documentation necessary for the purchase of property rights needed from the Twin Peaks Homeowners' Association for Scenic Drive improvements required pursuant to the Lazy K Bar Ranch Development Agreement (Jane Fairall)   ITEMS FOR DISCUSSION / POSSIBLE ACTION   D1 Relating to Budget; discussion, direction and possible action regarding development of the fiscal year 2021/2022 budget, including proposed budget initiatives and expenditures (Terry Rozema)      D2 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town’s Marana Current and Proposed Projects internet site (Jason Angell)      D3 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (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).      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     Regular Council Meeting 04/06/2021 Page 6 of 156      Council-Regular Meeting   P1        Meeting Date:04/06/2021   From:Cherry L. Lawson, Town Clerk Date:April 6, 2021 Subject:Proclamation declaring April 18 – 24, 2021 as, "Volunteer Appreciation Week" (Cherry L. Lawson) Attachments Proclamation Regular Council Meeting 04/06/2021 Page 7 of 156 4I< S& MARANA AZ ESTABLISHED 1977 PROCLAMATION Declaring April 18 - 24, 2021 as, "VOLUNTEER APPRECIATION WEEK" WHEREAS,in 1943,National Volunteer Week was first conceived in Canada as a way to celebrate the contributions made by women to the war effort during World War II. After the war ended, National Volunteer Week declined in popularity until it was revived in the 1960s, and it eventually gained popularity in the United States. In 1974, former President Richard Nixon established National Volunteer Week through Presidential Proclamation 4288; and every American president thereafter has since prepared a Presidential Proclamation acknowledging National Volunteer Week each third week in April;and WHEREAS, 2020 presented many challenges for our world, and specifically for our nation with the sudden onset of the coronavirus (COVID-19)pandemic resulting in over a million deaths,along with economic and financial uncertainty. Despite these unfortunate challenges, last year, more than 1.6 million Arizona residents volunteered. Their service has an estimated economic value of more than 3.8 billion;and WHEREAS,the Town of Marana commemorates National Volunteer Week by recognizing its valued volunteers and national service members;and WHEREAS, government alone cannot meet all of the nation's needs, so we partner with businesses, faith-based organizations, non-profit organizations, foundations, and individuals who serve in city, town,county,or state government and in our community to make a difference;and WHEREAS, the Town of Marana is committed to encouraging volunteerism and national service among its employees,citizens,partners,businesses,and organizations;and WHEREAS, the Town of Marana expresses its appreciation and thanks all volunteers that actively give of themselves to contribute to the Marana community in various ways. NOW,THEREFORE,the Mayor and Council of the Town of Marana do hereby declare April 18- 24,2021 as, "Volunteer Appreciation Week" and urge our citizens to volunteer or to give service in our communities throughout the year. By volunteering and recognizing those who serve,we promote partnership,understanding,and collaborative problem solving in our community. Dated this 6th day of April 2021. AT'T 4Ip Cherry L.La 'so ,Town Clerk Ed Honea,Mayor Regular Council Meeting 04/06/2021 Page 8 of 156      Council-Regular Meeting   C1        Meeting Date:04/06/2021   To:Mayor and Council Submitted For:Curry C. Hale, Human Resources Director From:Libby Shelton, Deputy Town Attorney Date:April 6, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-034: Relating to Personnel; approving and authorizing the Human Resources Director to execute a Memorandum of Understanding between the Town and the Arizona Board of Regents, Arizona State University Establishing a Tuition Discount Program for Town Employees (Curry C. Hale) Discussion: As part of the Town of Marana’s dedication to continuing academic and professional education for its employees, and in addition to the Town’s Tuition Reimbursement Program approved by Marana Town Council that is already being offered to Town of Marana employees, the Town has engaged in the creation of a series of agreements with the state’s three premier universities to offer additional tuition discounts to public employees of the Town of Marana, to save them additional dollars as it relates to continuing education. By entering into these agreements, additional tuition savings will be passed on to Town employees, and tangentially, to the Town of Marana, simultaneously furthering the value of every dollar offered in the Town’s Tuition Reimbursement program, as well as contributing to a more educated and dedicated workforce for our community. Staff Recommendation: Staff recommends approval of the MOU between the Town and the Arizona Board of Regents, Arizona State University Establishing a Tuition Discount Program for Town Employees. Regular Council Meeting 04/06/2021 Page 9 of 156 Suggested Motion: I move to approve the MOU between the Town and the Arizona Board of Regents, Arizona State University Establishing a Tuition Discount Program for Town Employees. Attachments Resolution 2021-034 Exhibit A Regular Council Meeting 04/06/2021 Page 10 of 156 00074824.DOCX /1 Resolution No. 20 21-034 - 1 - MARANA RESOLUTION NO. 202 1-034 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING THE HUMAN RESOURCES DIRECTOR T O EXECUTE A MEMORANDUM OF UNDE RSTANDING BETWEEN THE TOWN AND THE ARIZONA BOARD O F REGENTS, ARIZONA STATE UNIVERSITY ESTABLISHING A TUITION DISCOUNT PROGRAM FOR TOWN EMPLOYEES WHEREAS the Town of Marana has employees rendering valuable services ; and WHEREAS the establishment of a tuition discount program with Arizona State University will provide employees with a tuiti on reduction; and WHEREAS the Town Council finds that it is in the best interests of the Town employees to have the benefit of a tuition reduction if employees choose to pursue a degree through Arizona State University. NOW, THEREFORE, BE IT RESOLVED BY TH E MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA approving the Memorandum of Understanding between the Town and the Arizona Board of Regents, Arizona State University attached to this Resolution as Exhibit A and authorizing the Human Resources Director t o execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of April , 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 11 of 156 MEMORANDUM OF UNDERSTANDING BETWEEN THE ARIZONA BOARD OF REGENTS, ARIZONA STATE UNIVERSITY AND TOWN OF MARANA, HUMAN RESOURCES DEPARTMENT This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into this 6th day of April, 2021 by and between THE TOWN OF MARANA (“TOWN”), acting by and through its HUMAN RESOURCES DEPARTMENT (“MARANA HR”) and THE ARIZONA BOARD OF REGENTS (“ABOR”) on behalf of ARIZONA STATE UNIVERSITY (“ASU”). A. THE PROGRAM: 1. The purpose of this MOU is to create a pathway for active employees of the TOWN and its departments (“Eligible Employees”) to pursue and obtain undergraduate and graduate level degrees at ASU, which include degrees in Law and graduate level (Master’s) degrees (the “Program”). 2. Program degree courses include campus-based immersion and/or digital (on-line) degree completion programs of study. 3. Eligible Employees who meet ASU’s admission standards will receive scholarship aid equal to 10% of the base tuition rate for a Program degree of study, provided that the Eligible Employee is continuously employed by the TOWN and enrolled at ASU during the time that the Program is in effect (the “Program Tuition”). 4. The Program Tuition is renewable for each term that the Eligible Employee: (i) remains in an approved ASU course of degree study within the Program; (ii) is employed by the TOWN; and (iii) meets the minimum standards required by applicable ASU Graduate Policies and Procedures, including (a) continuous enrollment, (b) maintaining satisfactory academic progress, and (c) time to degree limits. 5. Eligible Employees who would like to take advantage of the Program must provide proof of TOWN employment to ASU. 6. All students in the Program are subject to ASU’s normal academic, student, tuition, financial aid and other related policies. 7. This MOU is subject at all times to the applicable State and Federal laws and regulations, and to the policies of the Arizona Board of Regents (ABOR) and ASU. 8. The Program will officially begin on March 1, 2020 for the Summer 2021 Semester and will continue through the end of the Spring Semester, 2023, unless this MOU is modified or terminated earlier as set forth below. Regular Council Meeting 04/06/2021 Page 12 of 156 2 9. The Program Tuition does not include “Undergraduate College Fees” or “Program Fees,” as that term is defined by ABOR (see ABOR Policy 4-101, Tuition and Fee Definitions available at: https://public.azregents.edu/Policy%20Manual/4-101- Tuition%20and%20Fee%20Definitions.pdf) as well as other expenses such as library and laboratory fees, books, supplies and other special course fees, which may be applicable to the Program and charged to the Eligible Employee as a direct cost of education. 10. Eligible Employees who are admitted and enrolled as ASU students will be solely responsible for payment of all Program Tuition and related Program Fees and expenses. 11. Eligible Employees will also be eligible for all forms of financial aid on the same basis that ASU makes financial aid available to other students. B. ASU’S RESPONSIBILITIES: 1. ASU will provide institutional and academic guidance, transcript evaluation and oversight for the Program. 2. ASU will perform all administrative services that are related to the official student services component of the Program (for example, administrative services relating to admission, enrollment and academic advising). 3. ASU will develop, maintain and operate the Program. 4. ASU will make all decisions regarding completed student admission applications to ASU and registration criteria of Eligible Employees. 5. ASU will provide a link to its website to assist Eligible Employees with application and enrollment. 6. ASU will provide information to MARANA HR to assist its promotion of the Program. 7. ASU will designate a liaison to work with MARANA HR on the administrative aspects of the Program. 8. ASU will not share non-directory personally identifiable student information (as defined by FERPA and ASU policy) with the TOWN without the student’s written consent. Regular Council Meeting 04/06/2021 Page 13 of 156 3 C. MARANA HR RESPONSIBILITIES: 1. MARANA HR will announce the availability of the Program and communicate and promote the benefits of the Program to its Eligible Employees. 2. MARANA HR will establish a link between its internet site and ASU’s website for Eligible Employees to self-identify and apply to the Program. 3. MARANA HR will designate a liaison to work with ASU on the administrative aspects of the Program. 4. MARANA HR will include information about ASU opportunities on the TOWN’S internal human resources website (https://www.maranaaz.gov/employee-portal- resources) for promotion of the Program, as appropriate. D. GENERAL TERMS: 1. Effective Date and Term. This MOU shall become effective upon execution by all of the parties as of the date first written above (the “Effective Date”) and will expire on May 8, 2023 or at the conclusion of the Spring 2023 Semester, whichever is later. 2. Announcements; Promotion. The parties will announce and promote the Program as part of their employee outreach and public relations efforts. Neither party will issue a press release, public statement, advertisement or announcement regarding this MOU or the Program, or use the logos or trademarks of the other party, without the prior input and consent of the other party. Use of either party’s marks must comply with the owning party’s trademark standards and guidelines, including using the “®” indication of a registered trademark where applicable. 3. Student Educational Records. ASU and the TOWN recognize that certain student educational records may be protected by the federal Family Educational Rights and Privacy Act and its implementing regulations (FERPA) (20 U.S.C. § 1232g). To the extent that it obtains records that are subject to FERPA, ASU and the TOWN each agree to comply with FERPA. 4. Modification. Modifications to this MOU may be made by written modification, signed and dated by authorized officials, prior to any changes taking effect. 5. Termination. Either party, upon ninety (90) days written notice, may terminate this MOU for convenience before the date of expiration, or upon thirty (30) days’ written notice for breach or default of the other party. Eligible Employees enrolled in the Program at the time of termination will be permitted to complete their course of study provided that eligibility is maintained as set forth in Section A., above. Either party may cancel the Program at any time for insufficient enrollment or any other reason. Regular Council Meeting 04/06/2021 Page 14 of 156 4 6. Notices. All notices, requests, demands and other communications hereunder will be given in writing and will be: (a) personally delivered; (b) sent via email or other electronic means; or (c) sent to the parties at their respective addresses indicated herein by registered or certified U.S. mail, return receipt requested and postage prepaid, or by commercial overnight courier service. The respective addresses to be used for all such notices, demands or requests are as follows: If to TOWN: If to ASU: Human Resources Department Arizona State University Town of Marana Office of The University Provost 11555 W Civic Center Drive P.O. Box 877805 Marana, AZ 85653 Tempe, Arizona 85287-7805 Attn: Jennifer Lindblom, Deputy HR Director Attn: Mark Searle, University Provost Email: jlindblom@maranaaz.gov Email: mark.searle@asu.edu 7. Named Representative. Each party is naming a liaison who is authorized to act on its behalf in making or obtaining decisions regarding this MOU. Such named liaison may be changed from time-to-time by giving the other party written notice. (a) ASU. ASU’s liaison is Kent Hopkins, Vice Pres Enroll Mgmt and Services. (b) TOWN. TOWN’s liaison is Jennifer Lindblom, the Deputy Human Resources Director, Human Resources Department. 8. No Third-Party Beneficiaries. This MOU is not intended to benefit any third party, nor shall any person who is not now or in the future a party hereto be entitled to enforce any of the rights or obligations of a party under this MOU. 9. Force Majeure. Neither party will be liable for failure to perform any obligation under this Agreement if such failure is directly caused by a Force Majeure Event. A “Force Majeure Event” shall mean an event or circumstance that is beyond the reasonable control and without the fault or negligence of the party impacted, and that could not have been prevented by the reasonable diligence of the party. Without in any way limiting the foregoing, a Force Majeure Event may include, but is not restricted to, acts of God or of a public enemy, acts of the Government in either its sovereign or contractual capacity, war, riots, fires, floods, epidemics or pandemics, mass health issues or disease, quarantine restrictions, strikes or labor difficulties, civil tumult, freight embargoes, natural disasters, unusually severe weather, a failure or disruption of utilities or critical electronic systems, acts of terrorism, mass shootings or other emergencies that may disrupt the operations of a party’s campus or facility. 10. Nondiscrimination. The parties will comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, immigration and nondiscrimination, including the Americans with Disabilities Act. 11. Conflict of Interest. Each party’s participation in this MOU is subject to Arizona Revised Statutes (“A.R.S.”) Section 38-511, which provides that this MOU may be Regular Council Meeting 04/06/2021 Page 15 of 156 5 cancelled if any person significantly involved in initiating, negotiating, securing, drafting or creating this MOU on behalf of ASU or the TOWN is, at any time while this MOU or any extension thereof is in effect, an employee or agent of the other party to this MOU in any capacity or a consultant to any other party with respect to the subject matter of this MOU. 12. Notice of Arbitration Statutes. As required by A.R.S. § 12-1518, the parties agree to make use of arbitration in disputes that are subject to mandatory arbitration pursuant to A.R.S. § 12-133. 13. Failure of Legislature to Appropriate. In accordance with A.R.S. § 35-154, if either party’s performance under this MOU depends upon the appropriation of funds by the Arizona Legislature, and if the Legislature fails to appropriate the funds necessary for performance, then the affected party may provide written notice of this to the other party and cancel this MOU without further obligation. Appropriation is a legislative act and is beyond the control of either party. 14. Responsibility. Each party will be responsible for the negligence, acts and omissions of its employees and agents when acting under such party’s direction and supervision. 15. Entire Agreement. This MOU embodies the entire understanding of the parties and supersedes any other agreement or understanding between the parties relating to the subject matter. 16. Choice of Law. This MOU shall be governed by and construed in accordance with the laws of the State of Arizona. Jurisdiction for any claim or dispute shall be Maricopa County, Arizona. 17. Counterparts; Signatures. This MOU may be executed in duplicate counterparts, each of which shall be deemed an original and both of which together shall constitute but one and the same instrument. Counterparts may be executed in either original or faxed form, and the parties hereby adopt as original any signatures received via facsimile or pdf. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Regular Council Meeting 04/06/2021 Page 16 of 156 6 IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last written date below. TOWN OF MARANA, a municipal corporation Terry S. Rozema, Town Manager By: ________________________________ Terry S. Rozema, Town Manager Date: _________________________________ ATTEST: TOWN Clerk APPROVED AS TO FORM: TOWN Attorney THE ARIZONA BOARD OF REGENTS, ARIZONA STATE UNIVERSITY By: _ Mark Searle University Provost Date: _3/11/2021 Regular Council Meeting 04/06/2021 Page 17 of 156      Council-Regular Meeting   C2        Meeting Date:04/06/2021   To:Mayor and Council Submitted For:Curry C. Hale, Human Resources Director From:Libby Shelton, Deputy Town Attorney Date:April 6, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-035: Relating to Personnel; approving and authorizing the Human Resources Director to execute a Memorandum of Understanding between the Town and the Arizona Board of Regents for and on behalf of Northern Arizona University Establishing a Tuition Discount Program for Town Employees (Curry C. Hale) Discussion: As part of the Town of Marana’s dedication to continuing academic and professional education for its employees, and in addition to the Town’s Tuition Reimbursement Program approved by Marana Town Council that is already being offered to Town of Marana employees, the Town has engaged in the creation of a series of agreements with the state’s three premier universities to offer additional tuition discounts to public employees of the Town of Marana, to save them additional dollars as it relates to continuing education. By entering into these agreements, additional tuition savings will be passed on to Town employees, and tangentially, to the Town of Marana, simultaneously furthering the value of every dollar offered in the Town’s Tuition Reimbursement program, as well as contributing to a more educated and dedicated workforce for our community. Staff Recommendation: Staff recommends approval of the MOU between the Town and the Arizona Board of Regents for and on behalf of Northern Arizona University Establishing a Tuition Discount Program for Town Employees. Regular Council Meeting 04/06/2021 Page 18 of 156 Suggested Motion: I move to approve the MOU between the Town and the Arizona Board of Regents for and on behalf of Northern Arizona University Establishing a Tuition Discount Program for Town Employees. Attachments Resolution 2021-035 Exhibit A Regular Council Meeting 04/06/2021 Page 19 of 156 00074825.DOCX /1 Resolution No. 20 21-035 - 1 - MARANA RESOLUTION NO. 202 1-035 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING THE HUMAN RESOURCES DIRECTOR T O EXECUTE A MEMORANDUM OF UNDE RSTANDING BETWEEN THE TOWN AND THE ARIZONA BOARD O F REGENTS FOR AND ON BEHALF OF NORTHERN ARIZONA UNIVERSITY ESTABLISHING A TUIT ION DISCOUNT PROGRAM FOR TOWN EMPLOYEES WHEREAS the Town of Marana has employees rendering valuable services ; and WHEREAS the establishment of a tuition discount program with Northern Arizona University will provide employees with a tuition reduction ; and WHEREAS the Town Council finds that it is in the best interests of the Town employees to have the benefit of a tuition reduction if employees choose to pursue a degree through Northern Arizona University. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA approving the Memorandum of Understanding between the Town and the Arizona Board of Regents for and on behalf of Northern Arizona University attached to this Resolution as Exhibit A and authorizing the Human Resources Director to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of April , 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 20 of 156 Regular Council Meeting 04/06/2021 Page 21 of 156 Regular Council Meeting 04/06/2021 Page 22 of 156 Regular Council Meeting 04/06/2021 Page 23 of 156 Regular Council Meeting 04/06/2021 Page 24 of 156 Regular Council Meeting 04/06/2021 Page 25 of 156 Regular Council Meeting 04/06/2021 Page 26 of 156 Regular Council Meeting 04/06/2021 Page 27 of 156 Regular Council Meeting 04/06/2021 Page 28 of 156      Council-Regular Meeting   C3        Meeting Date:04/06/2021   To:Mayor and Council Submitted For:Curry C. Hale, Human Resources Director From:Libby Shelton, Deputy Town Attorney Date:April 6, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-036: Relating to Personnel; approving and authorizing the Human Resources Director to execute the University of Arizona Online Letter Agreement for an Employee Degree Attainment Program Partnership (Curry C. Hale) Discussion: As part of the Town of Marana’s dedication to continuing academic and professional education for its employees, and in addition to the Town’s Tuition Reimbursement Program approved by Marana Town Council that is already being offered to Town of Marana employees, the Town has engaged in the creation of a series of agreements with the state’s three premier universities to offer additional tuition discounts to public employees of the Town of Marana, to save them additional dollars as it relates to continuing education. By entering into these agreements, additional tuition savings will be passed on to Town employees, and tangentially, to the Town of Marana, simultaneously furthering the value of every dollar offered in the Town’s Tuition Reimbursement program, as well as contributing to a more educated and dedicated workforce for our community. Staff Recommendation: Staff recommends approval of the Letter Agreement between the Town and the University of Arizona Online Establishing a Tuition Discount Program for Town Employees. Regular Council Meeting 04/06/2021 Page 29 of 156 Suggested Motion: I move to approve the Letter Agreement between the Town and the University of Arizona Online Establishing a Tuition Discount Program for Town Employees. Attachments Resolution 2021-036 Exhibit A Regular Council Meeting 04/06/2021 Page 30 of 156 00074823.DOCX /1 Resolution No. 20 21-036 - 1 - MARANA RESOLUTION NO. 202 1-036 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING THE HUMAN RESOURCES DIRECTOR T O EXECUTE THE UNIVERSITY OF ARIZONA ONLINE LETTER AGREEMENT FOR AN EMPLOYEE DEGREE ATTAINMENT PROGRAM PARTNERSHIP WHEREAS the Town of Marana has employees rendering valuable services ; and WHEREAS the establishment of an employee degree attainment program partnership with the University of Arizona Online will provide employees with a tuition reduction and application fee waiver; and WHEREAS the Town Council finds that it is in the best interests of the Town employees to have the benefit of a tuition reduction and fee waiver if employees choose to pursue a degree through the University of Arizona Online . NOW, THEREFORE, BE IT RESO LVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA approving the University of Arizona Online Letter Agreement attached to this Resolution as Exhibit A and authorizing the Human Resources Director to execute it for and on behalf of the Town of Ma rana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of April , 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 31 of 156 Regular Council Meeting 04/06/2021 Page 32 of 156 Regular Council Meeting 04/06/2021 Page 33 of 156      Council-Regular Meeting   C4        Meeting Date:04/06/2021   To:Mayor and Council From:Curry C. Hale, Human Resources Director Date:April 6, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-037: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4 - Employment Benefits and Leaves by amending Section 4-3-4 "Amount of Managed Time Off Leave", Section 4-4-2 "Town Approved Holidays" and Section 4-4-4 "Miscellaneous Rules" (Curry C. Hale) Discussion: The proposed revision to Section 4-3-4 "Amount of Managed Time Off Leave" adds the position of Town Engineer to the categories of employees eligible for an additional forty hours of Managed Time Off (MTO) Leave. This change to the Town's Personnel Policies is requested due to a recent department reorganization. The proposed revision to Section 4-4-2 "Town Approved Holidays" deletes the "fourth Friday in November language" to describe the day after Thanksgiving. This change to the Town's Personnel Policies is requested because, on occasion, the day after Thanksgiving is the fifth Friday in November. The proposed revision to Section 4-4-4 "Miscellaneous Rules" adds when a Town approved holiday falls on a weekend, the holiday will be observed on a weekday as outlined by the payroll and holiday schedule approved by the Town Manager. Staff Recommendation: Staff recommends approval and adoption of amendments to the Town's Personnel Policies and Procedures, Chapter 4 - Employment Benefits and Leaves. Suggested Motion: I move to adopt Resolution No. 2021-037, approving and adopting amendments to the Town's Personnel Regular Council Meeting 04/06/2021 Page 34 of 156 I move to adopt Resolution No. 2021-037, approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4 - Employment Benefits and Leaves. Attachments Resolution 2021-037 Regular Council Meeting 04/06/2021 Page 35 of 156 - 1 - Marana Resolution No. 2021-037 MARANA RESOLUTION NO. 2021-037 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN’S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPT ER 4 - EMPLOYMENT BENEFITS AND LEAVES BY AMENDING SECTION 4-3-4 "AMOUNT OF MANAGED TIME OFF LEAVE", SECTION 4-4-2 “TOWN APPROVED HOLIDAYS” AND SECTION 4-4-4 “MISCELLANEOUS RULE” WHEREAS Chapter 3-3 of the Marana Town Code provides that the Town Council may adopt personnel policies, rules, and regulations that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99 -38 on May 18, 1999, which have been amended from time to time; and WHEREAS the Council finds that adoption of the amendments to the Town’s Per- sonnel Policies and Procedures as set forth in this resolution is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Policy 4-3 of the Town’s Personnel Policies and Procedures, entitled “Managed Time Off (MTO) Leave ” is hereby amended as follows (with additions shown with double underlining ): POLICY 4 -3 MANAGED TIME OFF (MTO) LEAVE [No revisions to Sections 4 -3 -1 through 4 -3 -3] Section 4 -3-4 Amount of Managed Time Off Leave A. Eligible full-time employees shall receive 112 hours of MTO leave at the beginning of each calendar year. B. Eligible part-time employees shall receive a prorated amount of MTO leave at the beginning of each calendar year based on the number of hours per week that they are officially scheduled to work. C. Eligible employees who begin employment after the beginning of any calendar year shall receive a prorated amount of MTO leave based on the portion of the calendar year that remains. Regular Council Meeting 04/06/2021 Page 36 of 156 - 2 - Marana Resolution No. 2021-037 D. When an employee is on leave at the beginning of a calendar year, even if a portion of the leave is unpaid, the employee shall still receive the full allotment of MTO leave. E. As an incentive to recruit and retain key employees, the Town Manager may, upon hiring or in connection with an annual performance evaluation, grant additional MTO leave, up to an additional 40 hours per calendar year, to employees in the following categories: 1. Deputy or Assistant Town Managers 2. General Managers 3. Department Heads 4. Deputy or Assistant Department Heads with management responsibilities includ- ing supervision of staff. 5. Town Engineer F. If the Town Manager grants additional MTO leave pursuant to paragraph E of this section, the additional MTO leave shall be granted to the employee for subsequent calendar years unless and until the Town Manager, in his or her sole discretion, determines that the employee’s performance and/or workload no longer justify the granting of additional MTO leave. The Town Manager’s decision regarding MTO leave is not subject to review under the personnel action re- view procedures set forth in Chapter 5 of these Personnel Policies and Procedures. [No revisions to Sections 4 -3 -5 through 4 -3 -9] SECTION 2. Policy 4-4 of the Town’s Personnel Policies and Procedures, entitled “Holidays” is hereby amended as follows (with deletions shown with strikeouts): [No revisions to Section 4 -4 -1] Section 4 -4-2 Town-Approved Holidays A. The Town -approved holidays for each calendar year are as follows. 1. New Year’s Day (January 1) 2. Martin Luther King, Jr./Civil Rights Day (third Monday in January) 3. Presidents’ Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veterans’ Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Day after Thanksgiving (fourth Friday in November) 10. Christmas Eve (December 24) 11. Christmas Day (December 25) B. The Town Council, at its sole discretion, may approve additiona l holidays in any calendar year Regular Council Meeting 04/06/2021 Page 37 of 156 - 3 - Marana Resolution No. 2021-037 [No revisions to Sections 4 -4 -3} Section 4 -4 -4 Miscellaneous Rules A. If a Town-approved holiday falls on a day when an eligible employee is on parental paid time off or on approved paid vacation, MTO, or sick leave, the employee shall receive paid time off for the Town-approved holiday and deductions will not be taken from the em- ployee’s parental paid time off, vacation, MTO, or sick leave balances for that day. B. If a Town-approved holiday falls on a n eligible employee’s regularly scheduled day off, the employee sha ll receive paid time off for that holiday based on the number of hours they are regularly scheduled to work. C. If a Town-approved holiday falls on a weekend (Saturday or Sunday), the Town will ob- serve the holida y on a weekday, as designated on the payroll and holiday schedule ap- proved by the Town Manager. [No revisions to Section 4-4 -5]. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, res- olutions, or motions of the Council in conflict with the provisions of this resolution are hereby repealed, effective as of the effective date of this resolution. SECTION 4. The Town’s manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the aforementioned amendments. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 6th day of April, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 38 of 156    Council-Regular Meeting   C5        Meeting Date:04/06/2021   To:Mayor and Council Submitted For:Heath Vescovi-Chiordi, Assistant to the Town Manager From:Heath Vescovi-Chiordi, Assistant to the Town Manager Date:April 6, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-038: Relating to Development; approving the first amendment to the Marana Main Street Development Agreement and Right-of-Way License (Heath Vescovi-Chiordi) Discussion: This resolution will approve the first amendment to the Marana Main Street Development Agreement and Right-of-Way License. This Amendment will extend the date by which substantial completion of the work set forth in the original agreement, passed in October 2020, must be completed. The amendment will also enter the Town into a cost-sharing partnership with the developer, in which the Town will share the cost of installation of irrigation equipment that will serve Marana Main Street, as well as the Marana Main Street Roundabout, as well as cost-sharing of the water bill associated with this aforementioned irrigation equipment. Financial Impact: Fiscal Year:2021 Budgeted Y/N: Y Amount:$20,000 (not to exceed) Regular Council Meeting 04/06/2021 Page 39 of 156 Currently, the amount related to the cost of installation or irrigation equipment and cost-sharing of the water bill is unknown. Early estimates suggest that the total amount will not exceed $20,000.  Budget is available in the Roundabout landscaping project and out of the Downtown Marana Re-investment Fund.  Some of these expenses might carry-over to fiscal year 2021-2022 depending on actual construction of the improvements. Staff Recommendation: Staff recommends adoption of Resolution 2021-038, approving the first amendment to the Marana Main Street Development Agreement and Right-of-Way License. Suggested Motion: I move to approve Resolution No. 2021-038, approving amendment number 1 to the Marana Main Street Development Agreement and Right-of-Way License. Attachments Resolution 2021-038 Exhibit A to Resolution-Marana Main Street DA and ROW License Amendment 1 Exhibit A to Marana Main Street DA and ROW License Amendment 1 Regular Council Meeting 04/06/2021 Page 40 of 156 Resolution No. 20 21-038 - 1 - MARANA RESOLUTION NO. 202 1-038 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIRST AMENDMENT TO MARANA MAIN STREET DEVELOPMENT AGREEMENT AND RIGHT -OF-WAY LICENSE WHEREAS on October 6, 2020, the Mayor and Council adopted Resolution No. 2020 - 112, approving the Marana Main Street Development Agreement and Right -of-Way License , which was effective October 12, 2020, and recorded in the office of the Recorder of Pima Cou nty, Arizona, on October 16, 2020, at Sequence 20202900060 (the “Original Agreement”); WHEREAS the Original Agreement facilitated construction by the developer of certain “Subject Roadways,” with a deadline of October 31, 2020 for substantial completion; and WHEREAS the Original Agreement required the developer to prepare a street landscaping and lighting plan and to pay for certain costs related to water for the landscaping in the right-of-way of Marana Main Street and Center Street through the development; and WHEREAS the Original Agreement authorized the Town to use funding from the Downtown Marana Reinvestment Fund (the “DMRF”), adopted by Marana Resolution No. 2013-036 and amended by Marana Resolution No. 2018 -040, for the Subject Roadways as an incenti ve for the developer to do mixed-use development on portions of the subject p roperty consistent with the downtown (DT) and downtown neighb orhood (DN) zoning designations; and WHEREAS the Town and the developer have negotiated an amendment to the Original Agreement to extend the deadline for substantial completion of the Subject Roadways, to revise the requirements related to water and irrigation for landscaping in the right-of-way, and to provide that the Town shall share some of the costs of the water and irrigation system using DMRF funds; and WHEREAS the Mayor and Council find that entering into the First Amendment to the Marana Main Street Development Agreement and Right-of-Way License is in the best interests of the Town and its citizens and businesses . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the First Amendment to Marana Main Street Development Agreement and Right-of-Way License attached to and incorporated within Regular Council Meeting 04/06/2021 Page 41 of 156 Resolution No. 20 21-038 - 2 - this resolution as Exhibit A 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 6th day of April , 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 42 of 156 Regular Council Meeting 04/06/2021 Page 43 of 156 Regular Council Meeting 04/06/2021 Page 44 of 156 Regular Council Meeting 04/06/2021 Page 45 of 156 Regular Council Meeting 04/06/2021 Page 46 of 156 Regular Council Meeting 04/06/2021 Page 47 of 156 Regular Council Meeting 04/06/2021 Page 48 of 156 Regular Council Meeting 04/06/2021 Page 49 of 156 MARANA MAIN STREET ROUNDABOUT ‐ WATER USE  ESTIMATE ‐ 12.17.20EMMITTER SCHEDULEPLANT SPECIESPLANT QUANTITYGALLONS PER HOUR (GPH)JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECTOTAL (GALLONS PER SPECIES)AGAVE AMERICANA 'MEDIOPICTA ALBA'4213571110765531512WHITE CENTER STRIPE AGAVEAGAVE BLUE GLOW261135711107655311,664BLUE GLOW AGAVEAGAVE OVATIFOLIA3113571110765531192WHALES TONGUE AGAVEAGAVE PARRYI VAR TRUNCATA401135711107655312,560ARTICHOKE AGAVEALOE 'BLUE ELF'800.5135711107655312,560BLUE ELF ALOEBULBINE FRUTESCENCE ' TINY TANGERINE961135711107655316,144TINY TANGERINE BULBINEEUPHORBIA ANTISYPHILITICA800.5135711107655312,560CANDELILLAEUPHORBIA RIGIDA321135711107655312,048GOPHER PLANTHESPERALOE PARVIFLORA 'PERPA'10113571110765531640BRAKELIGHTS RED YUCCAMUHLENBERGIA EMERSLEYI ' EL TORO'102135711107655311,280EL TORO BULL GRASSMUHLENBERGIA RIGIDA 'NASHVILLE'362135711107655314,608NASHVILLE MUHLY GRASSNASSELLA TENUISSIMA152135711107655311,920MEXICAN FEATHER GRASSPENSTEMON PARRYI140.513571110765531448PARRYS PENSTEMONSPHAERALCEA AMBIGUA LOUIS HAMILTON5113571110765531320LOUIS HAMILTON GLOBE MALLOWTETRANEURIS ACAULIS801135711107655315,120ANGELITAS DAISYYUCCA RUPICOLA1190.5135711107655313,808TWIST LEAF YUCCATOTAL (GALLONS FOR ALL SPECIES)36,384Note: The number of "Watering Days Per Month" in this table is based on the City of Tucson's "Landscape Watering Guidelines" for "Medium Plant Water Use" in "Sandy Loam Soil".  Plant water use for this landscape should be reduced (by half) after an establishment period of two years, according to "Low Plant Water Use" recommendations.  Regular maintenance may require adjustments to irrigation and emitter schedule.  WATERING DAYS PER MONTH (1 HOUR PER DAY)Regular Council Meeting 04/06/2021Page 50 of 156      Council-Regular Meeting   C6        Meeting Date:04/06/2021   To:Mayor and Council From:Jane Fairall, Town Attorney Date:April 6, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-039: Relating to Real Estate; approving and authorizing the Town Manager to execute an amended and restated License Agreement with Marana Health Center, Inc. for use of Town-owned property located north of Bill Gaudette Drive between Marana Main Street and North Sandario Road for a COVID-19 drive-through vaccination site (Jane Fairall) Discussion: On January 19, 2021, the Town Council adopted Resolution No. 2021-010, approving and authorizing the Town Manager to execute a License Agreement with Marana Health Center, Inc. (MHC) to allow MHC to use the Town-owned dirt lots north of Bill Gaudette Drive between Marana Main Street and North Sandario Road for a drive-through COVID-19 vaccination site. Subsequently, Northwest Fire District (NWFD) personnel approached Town staff with a request to use the northern portion of one of the Town's lots previously licensed to MHC for a construction staging area, as the District begins construction of its new facility on Marana Main Street. To date, MHC has not used the property, as it has been able to accommodate its vaccination site on its own property. MHC would like the license agreement to remain in place in case the use of Town property becomes necessary, but MHC has agreed to amend the license agreement to remove the portion of the dirt lot adjacent to NWFD's property so that NWFD may use it for its purposes, pursuant to a license agreement between the Town and NWFD's contractor, CORE Construction, Inc. Staff Recommendation: Staff recommends approval of the amended and restated license agreement with Marana Regular Council Meeting 04/06/2021 Page 51 of 156 Staff recommends approval of the amended and restated license agreement with Marana Health Center. Suggested Motion: I move to adopt Resolution No. 2021-039, approving and authorizing the Town Manager to execute an amended and restated License Agreement with Marana Health Center, Inc. for use of Town-owned property located north of Bill Gaudette Drive between Marana Main Street and North Sandario Road for a COVID-19 drive-through vaccination site. Attachments Resolution 2021-039 Exhibit A to Resolution - License Agreement Exhibit A to License Agreement - Map Regular Council Meeting 04/06/2021 Page 52 of 156 Resolution No. 20 21-039 MARANA RESOLUTION NO. 2021-039 RELATING TO REAL EST ATE; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDED AND RESTATED LICENSE AGREEMENT WITH MARANA HEALTH CENTER , INC. FOR USE OF TOWN-OWNED PROPERTY LOCATED NORTH OF BILL GAUDET TE DRIVE BETWEEN MARANA MAIN STREET AND NORTH SANDARIO ROAD FOR A COVID-19 DRIVE-THROUGH VACCINATION SITE WHEREAS the United States government declared a National Emergency related to the COVID-19 pandemi c on March 13, 2020; and WHEREAS the Marana Health Center desires to use a portion of the Town-owned dirt lots north of Bill Gaudette Drive between Marana Main Street and North Sandario Road (the “Property”), for a drive -through COVID-19 vaccination site; and WHEREAS, on January 19, 2021, the Mayor and Council adopted Resolution No. 2021-010, approving and authorizing the Town Manager to execute a license agreement with Marana Health Center for use of the Property; and WHEREAS it has become necessary to am end the boundary of the property subject to the license agreement; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by entering into an amended and restated l icense agreement with the Marana Health Center. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the amended and restated license agreement with Marana Health Center, Inc. is hereby approved in substantially the form set forth in Exhibit A, attached to and incorporated within this resolution , and the Town Manager is authorized to sign it for and on behalf of the Town of Marana. Regular Council Meeting 04/06/2021 Page 53 of 156 Resolution No. 20 21-039 PASSED AND ADOPTED by the Mayor and Council o f the Town of Marana, Arizona, this 6th day of April, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 54 of 156 00074683.DOCX /1 AMENDED AND RESTATED LICENSE AGREEMENT LICENSOR: TOWN OF MARANA 11555 W. Civic Center Dr. Marana, AZ 85653 LICENSEE: MARANA HEALTH CENTER , INC. 13395 N. Marana Main Street Marana, AZ 85653 This Amended and Restated License Agreement amends and replaces the License Agreement entered into by Licensor and Licensee effective January 20, 2021. In consideration of Licensee’s performance of its obligations under this Agreement, Licensor hereby give s permission to Licensee to use a portion of Licensor’s Property (the “Property”) as depicted on Exhibit “A” attached to and incorporated by this reference in this Agreement and more particularly described as follows: • The southern portion of the dirt lot identified as Pima County Assessor’s Parcel Number (APN) 217-37-048F, bounded on the south by Bill Gaudette Drive and on the north by an imaginary line just south of the right-of-way segment south of Northwest Fire District station 36, 13475 N. Marana Main Street, extending west to the parcel boundary • The dirt lot identified as Pima County Assessor’s Parcel Number (APN) 217-37-073C bounded by Bill Gaudette Drive to the south, Marana Main Street to the east, and the right-of-way segment south of Northwe st Fire District station 36, 13475 N. Marana Main Street, to the north Licensee may use the Property for a drive -through COVID-19 vaccination site , subject to the following terms and conditions: a. Licensee will have access to the Property from 8:00 AM to 6:00 PM Monday through Friday, and may conduct the vaccination clinic from 9:00 AM to 5:00 PM Monday through Friday. The property can be closed off to the public via cones or barricades after hours of operation. b. Licensor may require Licensee to temporarily vacate the Property if Licensor desires to use the Property for other purposes. Licensor will give Licensee at least seven days’ prior notice to vacate the Property. c. Licensee may erect temporary tents no larger than 12 foot by 12 foot on the Property. Licensee shall ensure that all tents are installed or secured per manufacturers’ specifications. Licensee shall erect and take down the temporary tents each day. Regular Council Meeting 04/06/2021 Page 55 of 156 00074683.DOCX /1 d. Licensee shall provide and use cones and signage dire cting cars where to enter and exit the Property. Licensee shall coordinate and comply with the direction of Licensor’s Traffic Engineering Division regarding placement of the cones and signage. Licensee shall comply with any and all traffic plans created by Licensor’s Traffic Engineering Division. Licensor shall have the right to modify or revoke the License at any time, all on the terms and conditions set forth below, which Licensee promises to comply with and abide by: 1. This Agreement shall be binding upon Licensee, its heirs, assignees and designees, and every reference to Licensee in this Agreement shall include and bind Licensee’s heirs, assignees and designees. 2. Licensee covenants that it shall defend, indemnify and hold harmless Licensor, its officers, agents, and employees from any and all claims, demands, causes of action, complaints, suits, losses, damages, injuries, and liabilities whatsoever (including those for costs, expenses, and attorneys' fees) to any person, persons, or property arising out of either (1) the use of the Licensor's Property by Licensee, or (2) the negligent acts or omissions of Licensee. 3. As a condition precedent to use of the Property and to allow ongoing use of the Property, Licensee shall provide certificate (s) of insurance and endorsement(s) evidencing the following minimum insurance coverages and limits, and the Town of Marana shall be listed as an additional insured on the Commercial General Liability policy: a. Commercial General Liability - $1,000,000 per occurrence, $2,000,000 aggregate 4. This Agreement becomes effective on the signature date of the last party to sign it, and shall remain in effect until July 31, 2021, or unless and until it is (a) terminated by written agreement of the parties or (b) revoked by and at the sole discretion of Licensor. 5. Licensor shall give Licensee written notice of revocation at least 15 calendar days prior to the effective date of any revocation. 6. If Licensee causes any damage to Licensor’s Property, Licensee shall promptly make and p ay for the repairs necessary to restore the Property to its pre -damaged condition. 7. Licensee shall abide by all existing laws of the State of Arizona, County of Pima and Town of Marana. Licensee shall comply with all applicable COVID-19 vaccination related regulations as required by the Arizona Department of Health Services and the Pima County Health Department. 8. This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511. Regular Council Meeting 04/06/2021 Page 56 of 156 00074683.DOCX /1 9. During the term of this Agreement, Licensee agrees to use the Property only for the purpose of a drive -through COVID-19 vaccination site. At all times during the term of this Agreement, Licensee agrees to use the Property in keeping with best safety practices. Under no circumstances may Licensee (a) use or permit the use of the Property for any purpose other than the purpose described in this Agreement, (b) cause or permit waste of the Property or (c) adversely affect Licensor’s title and rights to the Property, including any water rights or any other rig hts owned or claimed by Licensor. 10. At the end of each day of its use of the Property, Licensee agrees that it will pick up and properly dispose of all trash and debris deposited on the Property as a result of Licensee’s activities. 11. This Agreement and Exhibi t A to this Agreement contain the entire agreement and understanding of the Licensor and Licensee . This agreement can be amended only by written instrument executed by both parties. [SIGNATURE PAGE FOLLOWS] Regular Council Meeting 04/06/2021 Page 57 of 156 00074683.DOCX /1 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the signature date of the last party to sign it. LICENSEE: MARANA HEALTH CENTER, INC., an Arizona nonprofit corporation By: ______________________________ Clinton Kuntz, Chief Executive Officer Date: ______________________________ LICENSOR: TOWN OF MARANA, an Arizona municipal corporation By: ______________________________ Terry Rozema, Town Manager Date: ______________________________ ATTEST: _____________________________ Town Clerk APPROVED AS TO FORM: _____________________________ Town Attorney STATE OF Arizona ) ss. County of Pima ) The foregoing instrument was acknowledged before me this ______ day of _______________, 2021 by Clinton Kuntz, Chief Executive Officer of MARANA HEALTH CENTER, INC., an Arizona nonprofit corporation, on behalf of the corporation. (Seal) ___________________________________ Notary Public Regular Council Meeting 04/06/2021 Page 58 of 156 Regular Council Meeting 04/06/2021 Page 59 of 156      Council-Regular Meeting   C7        Meeting Date:04/06/2021   To:Mayor and Council From:Jane Fairall, Town Attorney Date:April 6, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-040: Relating to Real Estate; approving and authorizing the Town Manager to execute a License Agreement with CORE Construction, Inc. for use of Town-owned property located adjacent to Northwest fire District Station 36, 13475 Marana Main Street, for a construction staging area (Jane Fairall) Discussion: Town staff was recently contacted by Northwest Fire District (NWFD) personnel requesting to use a portion of the Town-owned dirt lot identified as Pima County Assessor’s Parcel Number (APN) 217-37-048F adjacent to NWFD Station 36 for a construction staging area for NWFD's contractor, CORE Construction, as the District begins construction of its new facility on Marana Main Street. The construction staging area will include construction parking, a construction laydown area, and storage. The proposed license agreement will allow CORE Construction (the "Licensee") to use the Town's property subject to the terms and conditions of the agreement, including, but not limited to: Licensee shall design and construct, at is sole expense, the construction staging area according to plans approved by the Public Works Department prior to Licensee’s use of the Property. The plans shall include dust control and mitigation measures. Licensee shall, at its sole cost and expense, install and maintain in good condition any necessary barricades or fencing around the perimeter of the construction staging area.    Licensee agrees to maintain the construction staging area in good condition at all times keeping it free of trash and other debris. Upon termination of this License Agreement, Licensee shall restore the Licensed Regular Council Meeting 04/06/2021 Page 60 of 156 Area to Town of Marana standards.  If Licensee causes any damage to the Licensed Area, Licensee shall promptly make and pay for the repairs necessary to restore the Licensed Area to as close to its pre-damaged condition as reasonably possible. Staff Recommendation: Staff recommends approval of the license agreement with CORE Construction. Suggested Motion: I move to adopt Resolution No. 2021-040, approving and authorizing the Town Manager to execute a License Agreement with CORE Construction, Inc. for use of Town-owned property located adjacent to Northwest fire District Station 36, 13475 Marana Main Street, for a construction staging area. Attachments Resolution 2021-040 Exhibit A to Resolution- License Agreement Exhibit A to License Agreement - Map Regular Council Meeting 04/06/2021 Page 61 of 156 Resolution No. 20 21-040 MARANA RESOLUTION NO. 2021-040 RELATING TO REAL EST ATE; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A LICENSE AGREEMENT WITH CORE CONSTRUCTION, INC. FOR USE OF TOWN-OWNED PROPERTY LOCATED ADJACENT TO NORTHWEST FIRE DISTR ICT STATION 36, 13475 MARANA MAIN STREET, FO R A CONSTRUCTION STAGING AREA WHEREAS the Northwest Fire District (NWFD) will soon begin construction of its new facility located on Marana Main Street near NWFD Station 36; and WHEREAS NWFD’s contractor, CORE Construction, Inc., desires to use a portion of the Town-owned dirt lot identified as Pima County Assessor’s Parcel Number (APN) 217-37-048F adjacent to NWFD Station 36 for a construction staging area ; and WHEREAS the Mayor and Council of the Town of Marana fin d that the best interests of Marana and its citizens are served by entering into a license agreement with CORE Construction, Inc. for this purpose . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the license agreement with CORE Construction, Inc. is hereby approved in substantially the form set forth in Exhibit A, attached to and incorporated within this resolution, and the Town Manager is authorized to sign it for and on behalf of the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of April, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 62 of 156 00074688.DOCX /2 LICENSE AGREEMENT LICENSOR : TOWN OF MARANA 11555 W. Civic Center Dr. Marana, AZ 85653 LICENSEE: CORE CONSTRUCTION , INC. 3036 East Greenway Rd. Phoenix, AZ 85032 LICENSED AREA: That certain real property consisting of that portion of the dirt lot identified as Pima County Assessor’s Parcel Number (APN) 217 -37- 048F to the west of and immediately adjacent to Licensee’s property, identified as APN 217 -37-069B, and more particularly shown in the location map attached to and incorporated in this License as Exhibit A In consideration of Licensee’s representations and promises in this License Agreement, Licensor hereby gives Licensee permission to use the Licensed Area during the term of this License Agreement for a construction staging area, including for construction parking, a construction laydown area, and storage, subject to the following representations, terms and conditions: 1. Licensee shall design and construct, at is sole expense, the construction staging area according to plans approved by Licensor’s Public Works Department prior to Licensee’s use of the Property. The plans shall include dust control and mitigation measures. 2. Licensee shall, at its sole cost and expense, install and maintain in good condition any necessary barricades or fencing around the perimeter of the construction staging area. 3. Licensee agrees to maintain the construction staging area in good condition at all times keeping it free of trash and other debris. 4. This License Agreement shall be effective when it has been executed on behalf of Licensor and Licensee, and shall remain in effect unless and until it is terminated (a) by mutual written agreement of the Licensor and Licensee or (b) by and at the sole discretion of Licensor. 5. Licensor may modify or terminate this License Agreement at any time. Licensor shall give Licensee at least 60 calendar days’ written notice of modification or termination, unless Licensor determines that a shorter period of notice is necessary in order to address an imminent health or safety issue. Regular Council Meeting 04/06/2021 Page 63 of 156 00074688.DOCX /2 6. Licensee shall defend, indemnify and hold harmless Licensor, its officers, agents, and employees from and against any and all claims, demand s, causes of action, complaints, suits, losses, damages, injuries, and liabilities whatsoever (including those for costs, expenses, and attorneys ’ fees) arising out of Licensee’s maintenance and use of the Licensed Area or Licensee’s negligent acts or omissions in connection with this License Agreement. 7. As a condition precedent to use of the Property and to allow ongoing use of the Property, Licensee shall provide certificate(s) of insurance and endorsement(s) to Licensor evidencing the following minimum insurance coverages and limits: $1,000,000.00 general liability per occurrence with a minimum $2,000,000.00 general aggregate limit per occurrence. This insurance shall remain in force throughout the life of this License Agreement. Licensor shall be named as an “additional insured ” under the liability insurance policy and shall be given at least 30 calendar days’ written notice prior to cancellation or reduction in coverage. Licensee shall also provide certificates of insu rance each time the policy is updated. 8. Upon termination of this License Agreement, Licensee shall restore the Licensed Area to Town of Marana standards. Town of Marana standards for restoration shall be reasonably determined by Licensor at the time of the notice of termination. Licensee shall pay for all restoration costs. 9. If Licensee causes any damage to the Licensed Area, Licensee shall promptly make and pay for the repairs necessary to restore the Licensed Area to as close to its pre - damaged condition as reasonably possible. At the discretion of Licensor, if repairs are not initiated and completed within a reasonable length of time, but in any event within 30 calendar days after Licensor gives written notice of damage to Licensee, Licensor may make all re asonably requested repairs and bill Licensee for all actual third party costs, plus a reasonable administrative fee not to exceed 25% of all actual third party costs. Licensee shall pay the bill within ten calendar days of receipt. 10. This Agreement shall be binding upon Licensee, its heirs, assignees and designees, and every reference to Licensee in this Agreement shall include and bind Licensee’s heirs, assignees and designees. 11. Licensee shall abide by all existing laws of the State of Arizona, County of Pima and Town of Marana as they may be amended from time to time . 12. This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511. 13. Any notice, request, demand, consent, approval, waiver or other communication, individually and collectively referred to in this License Agreement as “notice,” which may be or is required to be given by a party under this License Agreement or by law to the other party shall be in writing and shall be either personally Regular Council Meeting 04/06/2021 Page 64 of 156 00074688.DOCX /2 delivered to the party or shall b e sent by: (i) registered or certified mail, postage paid by sender, return receipt requested; or (ii) overnight courier service (such as FedEx). The notice shall be deemed received upon the earlier of: (i) personal delivery; (ii) if mailed, the date of po sting by the United States Post Office or overnight courier service. Notices shall be sent to the other parties at the address specified in the opening paragraph of this License Agreement. Notice of change of address shall be given promptly by written noti ce in any method described in the first paragraph of this Section. In the event any notice, invoice, statement, or bill is rejected, refused, returned, or otherwise not received as a result of failure of a party to give adequate notice of changed address, the notice, invoice, statement, or bill shall nevertheless be deemed received. 14. This License Agreement and Exhibit A to this License Agreement contain the entire agreement and understanding of Licensor and Licensee . [SIGNATURE PAGE FOLLOWS] Regular Council Meeting 04/06/2021 Page 65 of 156 00074688.DOCX /2 IN WITNESS WHEREOF, the parties have executed this License Agreement effective as of the signature date of the last party to sign it . LICENSEE: CORE CONSTRUCTION, INC., an Arizona corporation By: ______________________________ Its: ______________________________ Date: ______________________________ LICENSOR: TOWN OF MARANA, an Arizona municipal corporation By: ______________________________ Terry Rozema, Town Manager Date: ______________________________ ATTEST: _____________________________ Town Clerk APPROVED AS TO FORM: _____________________________ Town Attorney STATE OF Arizona ) ss. County of Pima ) The foregoing instrument was acknowledged before me this ______ day of _______________, 2021 by _________________________, ___________________________ of CORE CONSTRUCTION, INC., an Arizona corporation, on behalf of the corporation. (Seal) ___________________________________ Notary Public Regular Council Meeting 04/06/2021 Page 66 of 156 Regular Council Meeting 04/06/2021 Page 67 of 156      Council-Regular Meeting   C8        Meeting Date:04/06/2021   To:Mayor and Council From:Spencer Hickman, Planner Date:April 6, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-041: Relating to Development; approving a final plat for Tangerine/I-10 Lots 1 through 10, Parcel A located west of the intersection of Tangerine Road and Interstate 10 (Justin Currie) Discussion: Request  Cypress Civil Development, on behalf of Cottonwood Properties, is requesting the approval of a final plat consisting of 10 lots and Parcel "A" on approximately 105.76 acres within the Tangerine Commerce Park Specific Plan. Location The subdivision is within the Tangerine Commerce Park Specific Plan (Ordinance 2005.27) area located west of the intersection of Tangerine Road and Interstate 10 on both the north and south side of Tangerine Road. Zoning The zoning for this final plat is F (Specific Plan - Tangerine Commerce Park) with a land use designation of Commerce Park.  All development within the subdivision will be subject to development plan approval and compliance with the Town's commercial design standards.  Transportation Access to the subdivision will be provided directly from Tangerine Road, Rillito Village Trail, and the future Tangelo Park Place.  The developer is required to construct Tangelo Park Place adjacent to lots 3,4, and 5 in accordance with the Tangerine Commerce Park Development Agreement (Res. 2005-157). Regular Council Meeting 04/06/2021 Page 68 of 156 Staff Recommendation: Staff has reviewed the request against the requirements of the Tangerine Commerce Park Specific Plan, the Marana Land Development Code, the Town Code and the Marana General Plan.  This final plat is in substantial conformance with all required development regulations.  Staff recommends approval of the final plat. Suggested Motion: I move to adopt Resolution No. 2021-041, approving a final plat for Tangerine/I-10 Lots 1 through 10, Parcel A located west of the intersection of Tangerine Road and Interstate 10. Attachments Resolution 2021-041 Tangerine I-10 Final Plat Location Map Application Regular Council Meeting 04/06/2021 Page 69 of 156 Resolution No. 2021 -041 - 1 - MARANA RESOLUTION NO. 2021-041 RELATING TO DEVE LOPMENT; APPROVING A FINAL PLAT FOR TANGERINE/ I-10 LOTS 1 THROUGH 10, PARCEL A LOCATED WEST OF THE INTERSECTION OF TANGERINE ROAD AND INTERSTATE 10. WHEREAS, on December 20, 2005, the Mayor and Town Co uncil adopted Ordinance No. 2005.27, approving a rezoning to create the Tangerine Commerce Park Specific Plan; and WHEREAS, on December 20, 2005, the Mayor and Town Council adopted Resolution No. 2005-157, approving the Tangerine Commerce Park Right-of-Way Exchange and Development Agreement; and WHEREAS, Cypress Civil Development, on behalf of Cottonwood Properties , LLC, has applied for approval of a final plat for a 10 -lot commercial subdivision within the Tangerine Commerce Park Specific Plan located we st of the Tangerine Road and Interstate 10 intersection; and WHEREAS, the Marana Town Council, at the regular ly scheduled meeting on April 6, 2021, determined that the final plat for Tangerine/I-10 Lots 1 through 10, Parcel A should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the final plat for Tangerine/I-10 Lots 1 through 10, Parcel A is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the To wn of Marana, Arizona, this 6th day of April , 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 70 of 156 S 4 9 ° 1 4 ' 0 1 " E 8 8 0 . 5 2 ' OF SEQUENCE NO.SEQUENCE NO.DATE: 03/08/21 BEING A SUBDIVISION OF PORTIONS OF THE NE 1/4 OF SECTION 1, T. 12 S., R. 11 E.; OF THE NW 1/4 OF SECTION 6, T. 12 S., R. 12 E.; OF THE SW 1/4 OF SECTION 31, T. 11 S., R. 12 E.; AND OF THE SE 1/4 OF SECTION 36, T. 11 S., R. 11 E., G.&S.R.M., TOWN OF MARANA, PIMA COUNTY, ARIZONA FINAL PLAT for TANGERINE/I-10 LOTS 1 THROUGH 10, PARCEL A REF: PCM2004-001; PCM2006-001 PRV2012-002 3SHEET 1 1. COVER SHEET 2. PLAT MAP (NORTH/WEST) 3. PLAT MAP (EAST) 1. THE GROSS AREA OF THIS SUBDIVISION IS 105.76 ACRES (4,606,908.95 SQUARE FEET). 2. THE EXISTING ZONING IS SPECIFIC PLAN "F" TANGERINE COMMERCE PARK PER MARANA ORDINANCE NO. 2005.27. 3. THE TOTAL NUMBER OF LOTS IS 10. NO SINGLE FAMILY RESIDENTIAL LOTS PROPOSED. 4. THE MINIMUM LOT SIZE PROVIDED IS 43,192 SF. THE AVERAGE LOT SIZE PROVIDED IS 460,691 SF. THE MAXIMUM LOT SIZE PROVIDED IS 1,191,061 SF. 5. THE MAXIMUM ALLOWABLE BUILDING HEIGHT IS 60 FEET, AND SUBJECT TO SECTION VI.C.2.a. 6. BUILDING SETBACKS PER THE SPECIFIC PLAN "F" TANGERINE COMMERCE PARK, FOR COMMERCE PARK LAND USE, AS MEASURED FROM MAJOR ARTERIAL ROADS: FRONT = 30' SIDE = 20' REAR = 30' OTHER SETBACKS WITHIN THE COMMERCE PARK LAND USE AREA ARE TO BE DETERMINED BASED ON APPLICABLE BUILDING CODE REQUIREMENTS. 7. MAXIMUM LOT COVERAGE PER THE SPECIFIC PLAN "F" TANGERINE COMMERCE PARK, FOR COMMERCE PARK LAND USE, IS 50%. 8. PARKING REQUIREMENTS: PER T.O.M. DEVELOPMENT CODE, TO BE DETERMINED AT TIME OF INDIVIDUAL LOT DEVELOPMENT PLANS. 9. ALLOWED LAND USES ARE PER THE TANGERINE COMMERCE PARK SPECIFIC PLAN. 10. THE BASIS OF BEARINGS FOR THIS PROJECT IS THE NORTH LINE OF THE N.W. 1/4 OF SECTION 1, T. 12 S., R. 11 E., G. & S. R. M., PIMA COUNTY, ARIZONA, AS RECORDED IN THAT SURVEY RECORDED IN BOOK 58, PAGE 25 OF SURVEYS, PIMA COUNTY, ARIZONA. THE BEARING OF SAID LINE IS N 89°27'45" E. 11. NO FURTHER LOT SPLITTING SHALL BE DONE WITHOUT THE WRITTEN APPROVAL OF THE TOWN OF MARANA. 12. APPROVAL OF THIS PLAT DOES NOT AFFIRM, CERTIFY, OR APPROVE ANY LAND DIVISION THAT MAY BE CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OF, OR COMPLIANCE WITH, ANY DEED RESTRICTIONS OR EASEMENTS. 13. ALL NEW AND EXISTING UTILITIES WITHIN OR CONTIGUOUS TO THE SITE SHALL BE PLACED UNDERGROUND EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 48KV OR GREATER, AND THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTURE ELECTRICAL TRANSMISSION CORRIDORS. 14. OBJECTS AND MATERIALS WITHIN SIGHT VISIBILITY TRIANGLES SHALL BE PLACED SO AS NOT TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO HORIZONTAL LINES LOCATED 30" AND 72" ABOVE FINISHED GRADE OF THE ROADWAY SURFACE, AND SHALL CONFORM TO THE TOWN OF MARANA SUBDIVISION STREET STANDARDS. 15. THE AREA BETWEEN 100-YEAR FLOOD LIMITS REPRESENTS AN AREA THAT MAY BE SUBJECT TO FLOODING FROM A 100-YEAR FREQUENCY FLOOD AND ALL LAND IN THIS AREA WILL BE RESTRICTED TO USES THAT ARE COMPATIBLE WITH FLOODPLAIN MANAGEMENT AS APPROVED BY THE FLOODPLAIN ADMINISTRATOR. 16. THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO THE FORM, LINE, AND FUNCTION OF ALL PUBLIC AND PRIVATE ROADWAYS AND DRAINAGE STRUCTURES BEFORE THE RELEASE OF ASSURANCES. 17. TOTAL MILES OF NEW PUBLIC OR PRIVATE STREETS IS 0.0 MILES. 18. INSTALLATION OF ITEMS SUCH AS LANDSCAPING, IRRIGATION, HARDSCAPE, SIGNAGE, MONUMENTS, WALLS, AND DRAINAGE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY SHALL REQUIRE A PERPETUAL LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE AND INDEMNIFICATION. THIS DOCUMENT SHALL BE EXECUTED PRIOR TO FINAL APPROVAL OF LANDSCAPE PLANS OR IMPROVEMENT PLANS ALLOWING INSTALLATION WITHIN THE PUBLIC RIGHTS-OF-WAY. 19. THIS SUBDIVISION IS LOCATED WITHIN THE TOWN OF MARANA WATER SERVICE AREA, WHICH HAS BEEN DESIGNATED AS HAVING AN ASSURED WATER SUPPLY UNDER A.R.S. SECTION 45-576. 20. EXISTING PUBLIC RIGHT-OF-WAY WAS DEDICATED PREVIOUSLY AND IS NOT PART OF THIS SUBDIVISION. 21. THE CORTARO-MARANA IRRIGATION DISTRICT AND CORTARO WATER USERS' ASSOCIATION ("CMID/CWUA"), ITS SUCCESSORS, ASSIGNS, AND AGENTS SHALL BE HELD HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES RELATED TO THE USE OF THIS PROPERTY DEPICTED ON THIS PLAT NOW AND IN THE FUTURE, BY REASON OF IRRIGATION FACILITY LEAKAGE, OVERTOPPING, OR FAILURES. 22. ALL CMID/CWUA EASEMENTS WITHIN THIS PLAT AND ADJACENT THERETO SHALL MAINTAIN SUPERIOR PRIOR RIGHTS AND COVENANTS AND MAINTAIN THOSE EXCLUSIVE RIGHTS IN PERPETUITY WITH NO ENCUMBRANCE UNLESS AUTHORIZED BY CMID/CWUA IN WRITING. 23. PARCEL A AS SHOWN HEREON PROVIDES ACCESS TO CERTAIN ADJOINING PARCELS AS SET FORTH IN THE EASEMENTS RECORDED AT SEQUENCE #20143650980 AND SEQUENCE #20210570856. BY: __________________________________________P.E. ____________ MARANA TOWN ENGINEER/DEVELOPMENT ENGINEER DATE ______________________________________________ ____________ MARANA PLANNING DIRECTOR DATE ______________________________________________ ____________ MARANA WATER DIRECTOR DATE A CERTIFICATE OF ASSURED WATER SUPPLY HAS BEEN RECEIVED FROM THE DIRECTOR OF WATER RESOURCES: BY: ___________________________________________ ____________ MARANA WATER DIRECTOR DATE I HEREBY CERTIFY THAT THE BOUNDARY SURVEY AS SHOWN ON THIS PLAT WAS PERFORMED UNDER MY DIRECTION AND THAT ALL EXISTING AND PROPOSED SURVEY MONUMENTS AND MARKERS SHOWN ARE CORRECTLY DESCRIBED. I FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION. ____________________________________ JOHN D. REYES - RLS NO. 41603 WE THE UNDERSIGNED, HEREBY WARRANT THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY FEE TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT, AND WE CONSENT TO THE SUBDIVISION OF THIS LAND IN THE MANNER SHOWN ON THIS PLAT. WE, THE UNDERSIGNED, OUR SUCCESSORS, AND ASSIGNS, DO HEREBY HOLD THE TOWN OF MARANA, ITS EMPLOYEES, OFFICERS, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS FOR DAMAGES RELATED TO THE USE OF THESE LANDS NOW AND IN THE FUTURE BY REASON OF FLOODING, FLOWAGE, EROSION, OR DAMAGE CAUSED BY WATER, WHETHER SURFACE, FLOOD, OR RAINFALL. NATURAL DRAINAGE SHALL NOT BE ALTERED, DISTURBED, OR OBSTRUCTED WITHOUT THE APPROVAL OF THE TOWN OF MARANA. TANGERINE/I-10 LLC, AN ARIZONA LIMITED LIABILITY COMPANY BY: BASSETT PROPERTY COMPANY, INC., AN ARIZONA CORPORATION ITS: MANAGER _______________________________________ DATE: ___________ BY: PERRY E. BASSETT, PRESIDENT LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC, AN ARIZONA LIMITED LIABILITY COMPANY AS TRUSTEE UNDER TRUST NO. 2102, AND NOT OTHERWISE ________________________________________ DATE: ___________ BY: _______________, TRUST OFFICER I HEREBY CERTIFY THAT THE FLOODPLAIN LIMITS AND EROSION HAZARD SETBACKS AS SHOWN ON THIS PLAT WERE PREPARED UNDER MY DIRECTION. ____________________________________ KEVIN M. HALL - PE NO. 37624 TANGERINE/I-10 LLC 3567 EAST SUNRISE DRIVE TUCSON, ARIZONA 85718 CONTACT: BILL HALLINAN PHONE: (520) 299-8424 GENERAL NOTES DEDICATION CERTIFICATION OF SURVEY TOWN OF MARANA APPROVALS ASSURED WATER SUPPLY OWNER'S INFO SHEET INDEX cover sheet I _________________________________, CLERK OF THE TOWN OF MARANA, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE TOWN COUNCIL OF THE TOWN OF MARANA ON THE ________ DAY OF _______________, 20___. BY: ______________________________________ ____________ CLERK OF THE TOWN OF MARANA DATE TOWN OF MARANA CERTIFICATION CERTIFICATION OF ENGINEER ASSURANCES IN THE FORM OF A THIRD PARTY TRUST AGREEMENT FROM LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, TRUST NO. 2102, AS RECORDED IN SEQUENCE NO. _______________ IN THE OFFICE OF THE RECORDER OF PIMA COUNTY, ARIZONA HAVE BEEN PROVIDED, SPECIFIC TO LOTS 3, 4 AND 5, HAVE BEEN PROVIDED TO GUARANTEE INSTALLATION OF REQUIRED STREET, SEWER, ELECTRIC, GAS, AND WATER UTILITIES, DRAINAGE, FLOOD CONTROL AND OTHER SUBDIVISION IMPROVEMENTS MEETING ESTABLISHED MINIMUM STANDARDS OF DESIGN AND CONSTRUCTION. BY: ________________________________________________ TOWN OF MARANA DATE ASSURANCES KEY MAP IN THE NE 1/4 OF SECTION 1, T. 12 S., R. 11 E.; THE NW 1/4 OF SECTION 6, T. 12 S., R. 12 E., THE SW 1/4 OF SECTION 31, T. 11 S., R. 12 E.; AND THE SE 1/4 OF SECTION 36, T. 11 S., R. 11 E., G.&S.R.M., TOWN OF MARANA, PIMA COUNTY, ARIZONA LOCATION MAP NORTH 3" = 1 MILE W TANGERINE RD WCROSSROADSTRTHIS PROJECT 3635 02 01 I-1 0 36 SECTION 01 31 06 SCALE: 1"=500'MATCH LINESEE SHEET 3SEE SHEET 2 IN T E R S T A T E 1 0 ( P U B L I C ) W T A N G E R I N E R D (P U B L I C ) LOT 2 LOT 1 LOT 3 LOT 5 LOT 9 LOT 10LOT 8 LOT 4 LOT 6 LO T 7 (NOT A PART) (NOT A PART) LEGEND DRIVEWAY LOCATION EXISTING PROPOSED SUBJECT PROPERTY BOUNDARY RIGHT-OF-WAY OTHER PARCEL LINE ROADWAY CENTERLINE SECTION LINE EASEMENT SURVEY MONUMENT RECORDED; CALCULATED DISTANCE RIGHT-OF-WAY FOUND POINT OF BEGINNING SQUARE FEET (R); (C) R.O.W. FND P.O.B. SF ACRESAC QUARTER SECTION LINE STATE OF ARIZONA COUNTY OF PIMA ON THIS ____ DAY OF ____________, 2021, BEFORE ME PERSONALLY APPEARED PERRY E. BASSETT, PRESIDENT OF BASSETT PROPERTY COMPANY, INC., AN ARIZONA CORPORATION, MANAGER OF TANGERINE/I-10, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, ON BEHALF OF THE LLC., AND BEING AUTHORIZED SO TO DO, EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSE THEREIN. S.S. NOTARY PUBLIC MY COMMISSION EXPIRES ACKNOWLEDGMENT 41603 JOHN DAVID REYESCERTIFICATEN O ...20ARIZONA ,U .S .A .Dat e Signed 03 0821REGISTER E D L ANDSU R V EYOR37624 KEVIN M. HALLRegisteredProfessionalEngineer ( C i v il )CER T I F I C A TEN O ...20ARIZONA ,U .S .A .Dat e Signed 03 0821NC ZONING DESIGNATION W R I L L I T O V I L L A G E T R ( P U B L I C ) N T A N G E L O P A R K P L (P R O P O S E D ) ( P U B L I C ) BENEFICIARY OF TRUST THE BENEFICIARY OF LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC, TRUST #2102 IS: TANGERINE/I-10 LLC, AN ARIZONA LIMITED LIABILITY COMPANY C/O BASSETT PROPERTY COMPANY, INC., AN ARIZONA CORPORATION 3567 EAST SUNRISE DRIVE, #219 TUCSON, ARIZONA 85718 STATE OF ARIZONA COUNTY OF PIMA ON THIS ____ DAY OF ____________, 2021, BEFORE ME PERSONALLY APPEARED __________________, WHO ACKNOWLEDGED HIMSELF/HERSELF TO BE THE TRUST OFFICER OF LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, AS TRUSTEE UNDER TRUST NO. 2102 AND NOT OTHERWISE AND ACKNOWLEDGED THAT HE/SHE AS THE TRUST OFFICER, BEING AUTHORIZED SO TO DO, EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSE THEREIN. S.S. NOTARY PUBLIC MY COMMISSION EXPIRES PARCEL 'A' 9583 WEST TANGERINE ROAD MARANA, ARIZONA 85653 ADMINISTRATIVE ADDRESS Regular Council Meeting 04/06/2021 Page 71 of 156 LOT 5 850,047.02 SF 19.51 AC LOT 8 567,141.42 SF 13.02 AC LOT 9 120,699.94 SF 2.77 AC LOT 10 43,192.42 SF 0.99 AC LOT 2 1,089,008.68 SF 25.00 AC R=805.00'Δ=44°09'46"L=620.48' R=805.00' Δ=2°50'50" L=40.00' N 6 0 ° 1 0 ' 5 9 " W 8 7 0 . 4 6 ' R=2,065.00' Δ=5°55'27" L=213.52' 398.01'1,369.29'N 15°46'09" W 648.11'N 00°04'20" W 15.27'N 4 0 ° 0 6 ' 4 0 " W 2 3 2 . 1 0 ' S 71°32'01" E 157.15' N 00°27'14" W 25.61' N 77°53'48" W 16.89'S 39°27'35" W 254.06'S 55°1 9'0 8" W 88.3 0' N 15°46'09" W 244.92' N 5 0 ° 3 2 ' 2 3 " W 2 7 9 . 5 4 'S 00°32'15" E 456.75'N 5 4 ° 0 7 ' 4 8 " W 48 0 . 5 2 ' S 89°27'45" W 76.85'S 00°32'15" E124.82'S 00°32'15" E140.50'S 89°27'45" W 303.50' 20 4 . 8 7 ' 49 6 . 8 9 'S 00°32'15" E 1,002.78'R=35.00' Δ=80°00'00" L=48.87' S 19°49'01" W 70.42'R=1,005.00'Δ=31°43'04"L=556.35'388.33' 51 0 . 8 2 'S 00°32'15" E 487.05'LOT 3 322,893.35 SF 7.41 ACN 35°52'12" E 437.02'1, 1 2 4 . 2 4 ' S 89°27'45" W 60.00' N 89°27'45" E 27.00'S 00°32'15" E 361.16'S 89°27'45" W 27.00' R=1,800.00'Δ=25°00'12"L=785.51'395.68'S 6 0 ° 1 0 ' 5 9 " E 7 0 1 . 7 6 ' 281.82' N 75°11'4 7 " E 6 7 0 . 1 5 ' S 5 4 ° 0 7 ' 4 8 " E 1 , 6 3 5 . 0 6 ' S 89°27'19" W 1,767.30' R =8 0 5 .0 0 ' Δ =0 6 4 °3 9 '0 7 " L =9 0 8 .3 5 ' R =8 0 5 .0 0 'Δ =1 7 °3 8 '3 1 "L =2 4 7 .8 7 'LOT 4 341,014.18 SF 7.83 AC LOT 1 200,817.70 SF 4.61 AC N 00°32'15" W 438.52'42.84' P A R C E L ' A ' 5 8 , 0 5 4 . 4 7 S F 1. 3 3 A C 19 4 . 5 5 ' OF SEQUENCE NO.SEQUENCE NO.DATE: 03/08/21 BEING A SUBDIVISION OF PORTIONS OF THE NE 1/4 OF SECTION 1, T. 12 S., R. 11 E.; OF THE NW 1/4 OF SECTION 6, T. 12 S., R. 12 E.; OF THE SW 1/4 OF SECTION 31, T. 11 S., R. 12 E.; AND OF THE SE 1/4 OF SECTION 36, T. 11 S., R. 11 E., G.&S.R.M., TOWN OF MARANA, PIMA COUNTY, ARIZONA FINAL PLAT for TANGERINE/I-10 LOTS 1 THROUGH 10, PARCEL A REF: PCM2004-001; PCM2006-001 PRV2012-002 3SHEET 2 plat map - north/west (NOT A PART) (NOT A PART)N TANGELO PARK PL (PUBLIC)DKT. 12881, PG. 421, BK. 58, PG. 25250' RIGHT-OF-WAY (PUBLIC)150' R.O.W. (PUBLIC) SCALE: 1"=100' MATCH LINE - SEE SHEET 3 EXISTING 32.00' ACCESS EASEMENT PER SEQ. #20202730684 EXISTING 25.00' CORTARO-MARANA IRRIGATION DISTRICT LATERAL #6 PER BK. 107, PG. 151, MISC RECORDS EXISTING 25.00' CORTARO-MARANA IRRIGATION DISTRICT LATERAL #6 PER BK. 107, PG. 151, MISC RECORDS EXISTING INGRESS, EGRESS & PUBLIC UTILITY EASEMENT PER SEQ. 20143650980 CONSISTING OF 29,770.5 SF (0.68 ACRES) CL OF EXISTING PUBLIC TRICO ELEC EASEMENT (UNSPECIFIED WIDTH CENTERED ON SECTION LINE FROM WEST 1/16 CORNER, SECTION 1 EASTERLY TO ADOT R/W PER DKT. 99, PG 312 FND BRASS CAP STAMPED "T.O.M." W TANGERINE RD (PUBLIC) DKT. 12837, PG. 5258 + BK. 58, PG. 25 W CROSSROADS TR(PUBLIC)BK. 73, PG. 92N 89°27'45" E (BASIS OF BEARINGS) FND 4" ALUMINUM CAP NO TAG N. 1/4 CORNER OF SECTION 1 CALCULATED W/ CONCRETE NAIL CROSS-OUTS R=2,000 . 0 0 ' Δ = 3 0 ° 2 1 ' 1 6 " L = 1 , 0 5 9 . 5 7 ' FND BRASS CAP STAMPED "T.O.M." Δ=23°20 ' 4 2 " L = 8 1 4 . 9 0 ' Δ= 0 7 ° 0 0 ' 3 4 " L = 2 4 4 . 6 7 ' N 6 0 ° 1 0 ' 5 9 " W 9 5 3 . 1 3 ' 89 3 . 5 1 N 29°49'01" E125.00'FND BRASS CAP STAMPED "T.O.M." FND BRASS CAP STAMPED "T.O.M." 59. 6 1 ' R=930.00' Δ=80°00'00" L=1,298.52' L=739.97' FND BRASS CAP STAMPED "T.O.M."L=558. 5 5' FND 4" BRASS CAP IN CASING STAMPED "T.O.M." N.W. CORNER OF SECTION 1 FND 3" ALUMINUM CAP N.E. SECTION CORNER OF SECTION 1; N.W. SECTION CORNER OF SECTION 6 N 00°04'20" W 65.00' 41603 JOHN DAVID REYESCERTIFICATEN O ...20ARIZONA ,U .S .A .Dat e Signed 03 0821REGISTER E D L ANDSU R V EYOR37624 KEVIN M. HALLRegisteredProfessionalEngineer ( C i v il )CER T I F I C A TEN O ...20ARIZONA ,U .S .A .Dat e Signed 03 0821F (TANGERINE COMMERCE PARK SPECIFIC PLAN) AGRICULTURE UNSUBDIVIDED PARCEL #215-01-003H F (TANGERINE COMMERCE PARK SPECIFIC PLAN) AGRICULTURE UNSUBDIVIDED PARCEL #215-01-003N F (TANGERINE COMMERCE PARK SPECIFIC PLAN) AGRICULTURE UNSUBDIVIDED PARCEL #215-01-003M F (SHOPS AT TANGERINE AND I-10 MOTORPLEX SPECIFIC PLAN) AGRICULTURE UNSUBDIVIDED PARCEL #217-55-012D F (SHOPS AT TANGERINE AND I-10 MOTORPLEX SPECIFIC PLAN) AGRICULTURE UNSUBDIVIDED PARCEL #217-55-012D F (TANGERINE COMMERCE PARK SPECIFIC PLAN) RETAIL PARCEL CREATED PER SEQ. #20202480964 N 89°27'45" E 2566.46'S 19°49'01" W 213.49'R=930.00' Δ=70°00'05"L=1,136.23'EXISTING 20.00' PUBLIC SEWER EASEMENT PER SEQ. #20210360147 EXISTING PUBLIC WATER EASEMENT PER SEQ. #20210360148 N 89°27'19" E 223.14' 19.97' (TIE IN TO N.E. CORNER LOT 1)SECTION LINE SECTION LINE EXISTING TEMPORARY CONSTRUCTION EASEMENT PER SEQ. #20202730684. EASEMENT EXPIRES ON 06/29/2021. NEW INGRESS, EGRESS AND PUBLIC UTILITY EASEMENT PER SEPARATE INSTRUMENT. SEE GENERAL NOTE #23. CONSISTING OF 27,264.1 SF (0.63 ACRES)377.02'60.00'Regular Council Meeting 04/06/2021 Page 72 of 156 LOT 7 516,205.42 SF 11.85 AC LOT 6 510,994.05 SF 11.73 AC LOT 5 850,047.02 SF 19.51 AC LOT 10 43,192.42 SF 0.99 AC R=35.00' Δ=17°56'11" L=10.96' S 42°06'04" W 39.76'R=243.0 0 'Δ=86°59'1 0 " L=368.92 ' 6 8 7 . 9 7 ' 9 1 4 . 4 4 ' 147.46' 462.28'N 33°07'07" E 433.16'R=540.00' Δ=39°00'10" L=367.59' R = 4 8 0.0 0' Δ = 6 4 °5 7'55" L = 5 4 4.25' R=35.00' Δ=95°27'40" L=58.31'R =1 ,0 5 5 .0 0 'Δ =3 0 °4 1 '3 9 " L =5 6 5 .1 8 'N 39°49'01" E127.08'R=1,055.00'Δ=38°12'24"L=703.51' R=35.00' Δ=79°39'47" L=48.66'R=540.00'Δ=31°22'40"L=295.73' R=35.00' Δ=95°48'09" L=58.52'R=855.00'Δ=42°58'01"L=641.18'N 19°49'01" E 34.60' S 5 0 ° 1 1 ' 0 4 " E 6 1 1 . 0 6 ' R=35.00' Δ=80°17'50" L=49.05'R=480.00'Δ=25°22'41"L=212.61'S 00°07'39" E 1,269.95'R=1,005.00'Δ=35°15'37" L =618.48' S 5 6 ° 2 9 ' 3 8 " E 1 , 6 0 2 . 4 1 ' N 5 0 ° 5 4 ' 4 5 " W 1 , 0 4 7 . 1 4 ' N 89°54'5 6 " W 6 0 9 . 7 4 ' S 4 9 ° 1 4 ' 0 1 " E 8 8 0 . 5 2 ' LOT 4 341,014.18 SF 7.83 AC R=540.00' Δ=051°29'40" L=485.32' R = 5 4 0.00' Δ = 2 0°07'01" L = 1 8 9.60' S 89°28'00" W 9 6 3 . 3 5 ' S 00°32'00" E 54.67' S 39°50'08" W 76.56'R=855.00'Δ=27°02'04"L=403.42'R=855.00' Δ=070°00'05" L=1,044.60' OF SEQUENCE NO.SEQUENCE NO.DATE: 03/08/21 BEING A SUBDIVISION OF PORTIONS OF THE NE 1/4 OF SECTION 1, T. 12 S., R. 11 E.; OF THE NW 1/4 OF SECTION 6, T. 12 S., R. 12 E.; OF THE SW 1/4 OF SECTION 31, T. 11 S., R. 12 E.; AND OF THE SE 1/4 OF SECTION 36, T. 11 S., R. 11 E., G.&S.R.M., TOWN OF MARANA, PIMA COUNTY, ARIZONA FINAL PLAT for TANGERINE/I-10 LOTS 1 THROUGH 10, PARCEL A REF: PCM2004-001; PCM2006-001 PRV2012-002 3SHEET 3 plat map - east (NOT A PART) SCALE: 1"=100' MA T C H L I N E - SEE S H E E T 2 W TANGERINE RD (PUBLIC) DKT. 12837, PG. 5258 + BK. 58, PG. 25 250' R IGHT -O F -WAY (PUB L IC ) I N T E R S T A T E 1 0 ( P U B L I C ) EXISTING PUBLIC U.S. DEPT. OF INTERIOR BUREAU OF RECLAMATION RESERVED RIGHT-OF-WAY PER DKT. 8801 PG. 1257 EXISTING 25.00' CORTARO-MARANA IRRIGATION DISTRICT PARCEL PER DKT. 1968, PG. 587 EXISTING PUBLIC 10.00' ELECTRIC EASEMENT PER DKT. 3221, PG. 414 EXISTING PUBLIC U.S. DEPT. OF INTERIOR BUREAU OF RECLAMATION RESERVED RIGHT-OF-WAY PER DKT. 8801, PG. 1257 L=558. 5 5' FND BRASS CAP STAMPED "T.O.M." R=930.00' Δ=8 0 ° 0 0 ' 0 0 " L=1,298.52' L=739 . 9 7 ' FND BRASS CAP STAMPED "T.O.M." S 5 0 ° 1 0 ' 5 9 " E 1 2 5 . 0 0 ' E. 1/4 CORNER OF SECTION 1 W. 1/4 CORNER OF SECTION 6 S 89°30'1 5 " E 95.57' FND BRASS CAP STAMPED "T.O.M."FND BRASS CAP STAMPED "T.O.M."5 9 . 6 1 ' SECTION LINE 41603 JOHN DAVID REYESCERTIFICATEN O ...20ARIZONA ,U .S .A .Dat e Signed 03 0821REGISTER E D L ANDSU R V EYOR37624 KEVIN M. HALLRegisteredProfessionalEngineer ( C i v il )CER T I F I C A TEN O ...20ARIZONA ,U .S .A .Dat e Signed 03 0821N T AN G E LO P A R K P L ( PU B L I C ) D K T . 1 2 8 8 1 , P G . 4 2 1 , B K . 5 8 , P G . 2 5S 19°49'01" W 213.49'R=930.00 ' Δ=70 °00 '05"L=1,136 .23 ' N 5 0 ° 1 1 ' 0 4 " W 6 1 1 . 0 6 'R=930.00 ' Δ=26°07 '33"L=424.06 ' F (TANGERINE COMMERCE PARK SPECIFIC PLAN) AGRICULTURE UNSUBDIVIDED PARCEL #215-01-003N F (TANGERINE COMMERCE PARK SPECIFIC PLAN) RESOURCE EXTRACTION UNSUBDIVIDED PARCEL #216-12-0340 W R I L L I TO V I L L A G E T R ( P U B L I C ) D K T . 1 2 8 8 1 , P G . 4 2 1 S 15°45'14" E 86.57'R=510.00 ' Δ=74 °09 '42"L=660.13 ' N 89°54'5 6 " W 6 0 9 . 7 4 ' R= 5 1 0 . 0 0 ' Δ = 3 9 ° 0 0 ' 1 0 " L= 3 4 7 . 1 7 ' N 5 0 ° 5 4 ' 4 5 " W 1 , 0 4 7 . 1 4 ' R=273.00' Δ=86°59'10" L=414.47'S 42°06'04" W 39.76'Regular Council Meeting 04/06/2021 Page 73 of 156 © Latitude Geographics Group Ltd. 1.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles1.1 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. 0.570 1:36,112 PRV2012-002 Tangerine and I-10 Final Plat Lots 1-10Town of Marana Planning Marana Town Limits Parcel Labels Parcels (Black) Regular Council Meeting 04/06/2021 Page 74 of 156 Minor Land Division ______ Tangerine & I-10, Lots 1-10 Final Plat for reconfiguration of the project area 10 105.76 9924 W Tangerine Road Marana, AZ 85653 PCM2004-001 Tangerine/I-10 LLC c/o Cottonwood Properti Bill Hallinan 3567 E Sunrise Dr, Ste 219 Tucson AZ 85718 bhallinan@cottonwoodproperties.com (520) 499-2456 Theresa Hadley 2030 E Speedway Blvd #110 Tucson AZ 85719 thadley@cypresscivil.com (520) 499-2456 Cypress Civil Development Kevin M. Hall, P.E. 2030 E Speedway Blvd #110 Tucson AZ 85719 thadley@cypresscivil.com (520) 499-2456 Theresa Hadley Theresa Hadley Digitally signed by Theresa Hadley DN: cn=Theresa Hadley, o=Cypress Civil Development, ou, email=thadley@cypresscivil.com, c=US Date: 2020.12.15 11:01:58 -07'00'12/15/2020 Regular Council Meeting 04/06/2021 Page 75 of 156    Council-Regular Meeting   C9        Meeting Date:04/06/2021   To:Mayor and Council From:Kristin Taft, Grants Manager Date:April 6, 2021 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Community: create a safe community where all people are motivated to be involved and feel connected and valued. Subject:Resolution No. 2021-042: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute DUI Abatement Grant Program Agreement number DUIAC-E-146 between the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement and the Town of Marana for grant funding for DUI Warrant Detail (Kristin Taft) Discussion: The Town of Marana Police Department has been awarded a grant from the Oversight Council on Driving or Operating Under the Influence Abatement, also referred to as DUI Abatement Council for the State of Arizona.  The grant will fund $45,000 in overtime for officers to support personnel services (overtime) and employee-related expenses (fringe benefits) for those officers participating in DUI Warrant Sweep activities.  This funding will facilitate specially trained officers in locating and arresting impaired driving offenders who have failed to appear in court, or have failed to pay court mandated fines. This increased high profile activity serves as a deterrent and the increased formal enforcement action and case follow-up reduces the number of impaired drivers on Arizona roadways. The Marana Police Department is confident that by adding the element of high visibility DUI warrant sweeps, it can reduce the number of impaired driver incidents, and reduce the number of collisions, deaths, injuries, and property damage caused by impaired drivers. Financial Impact: Regular Council Meeting 04/06/2021 Page 76 of 156   Fiscal Year:2021 Budgeted Y/N:Y Amount:$45,000 All of the officers' overtime will be fully reimbursed by this grant.  The grant does not have a match component.  Budget capacity is available in the Grants fund (Fund 2015). Staff Recommendation: Staff recommends approval of the grant agreement. Suggested Motion: I move to adopt Resolution No. 2021-042, approving and authorizing the Chief of Police and the Town Manager to execute DUI Abatement Grant Program Agreement number DUIAC-E-146 between the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement and the Town of Marana for grant funding for DUI Warrant Detail. Attachments Resolution 2021-042 Exhibit A-Grant Agreement Regular Council Meeting 04/06/2021 Page 77 of 156 Resolution No. 20 21-042 - 1 - MARANA RESOLUTION NO. 202 1-042 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE AND THE TOWN MANAGER TO EXECUTE DUI ABATEMENT GRANT PROGRAM GRANT AGREEMENT NUMBER DUIAC-E-146 BETWEEN THE STATE OF ARIZONA BY AND THROUGH THE OVERSIGHT COUNCIL ON DRIVING OR OPERATING UNDER THE INFL UENCE ABATEMENT AND THE TOWN OF MARANA FOR GRANT FUNDING FOR DUI WARRANT DETAIL WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters involving driving under the influence; and WHEREAS the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement (DUIAC) has awarded grant funding to the Town under the DUI Abatement Grant Program for expenses for officers participating in high-profile DUI warrant sweeps; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into a grant agreement with the State by and through DUIAC to be eligible to receive funds under the DUI Abatement Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. Grant Agreement Number DUIAC-E-146 between the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement (DUIAC) and the Town of Marana , attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Chief of Police and the Town Manager are hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town Manager and s taff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the grant agreement. Regular Council Meeting 04/06/2021 Page 78 of 156 Resolution No. 20 21-042 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of April 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 79 of 156 Regular Council Meeting 04/06/2021Page 80 of 156 Regular Council Meeting 04/06/2021Page 81 of 156 Regular Council Meeting 04/06/2021Page 82 of 156 Regular Council Meeting 04/06/2021Page 83 of 156 Regular Council Meeting 04/06/2021Page 84 of 156 Regular Council Meeting 04/06/2021Page 85 of 156 Regular Council Meeting 04/06/2021Page 86 of 156 Regular Council Meeting 04/06/2021Page 87 of 156 Regular Council Meeting 04/06/2021Page 88 of 156 Regular Council Meeting 04/06/2021Page 89 of 156 Regular Council Meeting 04/06/2021Page 90 of 156 Regular Council Meeting 04/06/2021Page 91 of 156 Regular Council Meeting 04/06/2021Page 92 of 156 Regular Council Meeting 04/06/2021Page 93 of 156 Regular Council Meeting 04/06/2021Page 94 of 156 Regular Council Meeting 04/06/2021Page 95 of 156 Regular Council Meeting 04/06/2021Page 96 of 156 Regular Council Meeting 04/06/2021Page 97 of 156 Regular Council Meeting 04/06/2021Page 98 of 156      Council-Regular Meeting   C10        Meeting Date:04/06/2021   To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:April 6, 2021 Subject:Approval of Council Regular Meeting Summary Minutes of March 16, 2021 (Cherry L. Lawson) Attachments Council Regular Meeting Summary Minutes, 03/16/2021 Regular Council Meeting 04/06/2021 Page 99 of 156 Regular Council Meeting Summary Minutes 03/16/2021 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 16, 2021, 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 Mayor Honea called the meeting to order at 6:00 PM and directed the Clerk to call the roll. Mayor Honea, Vice Mayor Post, Council Members: Jackie Craig, Patti Comerford, Roxanne Ziegler, John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE : Led by Mayor Honea. APPROVAL OF AGENDA Vice Mayor Post, moved and Council Member Kai second the motion to approve the agenda as presented. Motion passes unanimously, 7 -0. CALL TO THE PUBLIC PROCLAMATIONS Regular Council Meeting 04/06/2021 Page 100 of 156 Regular Council Meeting Summary Minutes 03/16/2021 P1 Proclamation declaring March 24, 2021 as "Education and Sharing Day, Marana" (Cherry L. Lawson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford reported the Chamber of Commerce met for its monthly breakfast three times since returning from Covid. They took all precautionary measures to ensure compliance, but that it was great to see members returning. She thanked the Chambers for assisting businesses within the community during the pandemic. Council Member Officer reported that he and Mayor Honea attended at the Marana Training Facility whereby the inmates had donated books for a shelter for women and children. He encouraged the Town to stay involved in this effort, as it is their 40 th Anniversary. Council Member Ziegler reported the Council met in a retreat meeting on March 4 and 5. She stated it was enjoyable, that Council had not met in a retreat in four years. She referenced Town Manager Terry Rozema comments stating he was nervou s –he did a fantastic job. She thanked all of Council for the excellent meeting. Mayor Honea thanked Council Member Officer for taking him to the MTC Facility Minimum Security Prison. They were able to speak with Warden Jeremy Casey after making a donati on on behalf of the Town. The staff at MTC are very eager to get the inmates out and assisting on the streets with the Town. He agrees with Council Member Ziegler regarding the retreat meeting stating it has been the best retreat since Counc il has had in the past. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Deputy Town Manager Erik Montague reported on the following on behalf of Town Manager Terry Rozema. He noted the following: • Executive Report was provided to Council and it is available to the public on the town’s website. • One hundred single -family housing permits issued for the month of February 2021 • Last year for the same month, the town issued 80 single -family housing permits • As of this day, the town issued 37 single -family housing permits. Last March, the town issued 38 single -family housing permits. • Town Manager’s Office extends its appreciation to Council related to the discussion and direction received from Council. According to Town Manager Mr. Rozema looking to achieve certain things, we believe a number of those items have already been achieved. That direction facilitated a number of projects that the Council will begin to see over the next few weeks and months. Regular Council Meeting 04/06/2021 Page 101 of 156 Regular Council Meeting Summary Minutes 03/16/2021 • Thanked staff for its involvement in preparing, attending and presenting d uring the retreat meeting that made it a success. • Invitations were emailed to Council for the Grand Opening of the Water Treatment Campuses. They are in the final stage of construction and completing various testing, as it is required in order to deliver w ater, and place it into the system. o As of Friday, March 12, the water campus near Saguaro Bloom is delivering treated water into the system intermittently while the testing continues. It is hopeful that by the end of next week, the Saguaro Bloom / Airline/Lambert should be operating at 100%. o The ribbon cutting with the limitations under Covid will be a hybrid approach. The Town has limited in person attendance to by invitation only. However, other individuals will be able to participate remotely via Zoom. • The Adonis Road Project paving was recently completed, and it is possible that the roadway will be open in April to traffic. o Staff is working on the ribbon cutting for this project. • Covid vaccinations, numbers continue to trend in a positive directio n. Over 51% of the Town’s staff has received at least one shot. Pima County has begun to open up an additional phase lowering the age threshold for individuals that qualify. The Town is hopeful that employees within our organization who are interested, and who are able, will get the vaccination. • With Covid numbers trending in a positive direction, Town staff is beginning to prepare for the next phase of reopening in 2B. Mayor Honea stated the Town would receive $11.6M out of the $1.9T federal bill. We will take those dollars and use them towards the benefit of the Marana community. Council Member Ziegler stated she forgot to thank Assistant to the Town Manager Heath Vescovi-Chiordi, as well as Diane Mangialardi and Linda Dralle for putting the retreat meeting together. She thanked all staff who attended the retreat meeting. PRESENTATIONS CONSENT AGENDA C1 Resolution No. 2021-025: Relating to Addressing; renaming the north/south portion of Tangerine Road, south of the existing Tangerine Road to the Santa Cruz River, generally located at the southwest corner of the Tangerine Road and Interstate 10 interchange (Justin Currie) C2 Resolution No. 2021-026: Relating to Development; approving a Release of Assurances for a portion of Gladden Farms Blocks 36 & 40 and accepting public improvements for maintenance (Keith Brann) Regular Council Meeting 04/06/2021 Page 102 of 156 Regular Council Meeting Summary Minutes 03/16/2021 C3 Resolution No. 2021-027: Relating to Develop ment; approving a final plat for Gladden Farms Block 27 - Phase 2, Lots 82-173, Common Areas A-13 - A-21 (Landscape, Utilities, Drainage and Grading) and Common Areas B-5 - B-7 (Recreation, Landscape, Utilities, Drainage and Grading) located at the southwest corner of Moore Rd. and Clark Farms Blvd. (Justin Currie) C4 Resolution No. 2021-028: Relating to Technology Services; approving and authorizing the Town Manager to execute Subrecipient Agreement Number 18 - AZDOHS-HSGP-180410-01 between the Arizona Department of Homeland Security and the Town of Marana to receive funding for Cybersecurity Enhancement (Kristin Taft) C5 Resolution 2021-029: Relating to the Police Department; approving and authorizing the Chief of Police to execute the Inte rgovernmental Agreement Regarding Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) State Gang Task Force between the Town of Marana Police Department and the State of Arizona through its Department of Public Safety (AZDPS) (Libby Shelton ) C6 Resolution No. 2021-030: Relating to Police Department; approving and authorizing the Chief of Police to execute the Governor’s Office of Highway Safety (GOHS) Contract Number 2021-207-053 between the State of Arizona by and through GOHS and the Town of Marana for funding for equipment for the Marana Police Department (Kristin Taft) C7 Approval of the Regular Council Meeting Summary Minutes of February 16, 2021, Council Study Session Summary Minutes of February 23, 2021, and the Special Council Meeting/Retreat Summary Mi nutes of March 5 and March 4, 2021 (Cherry L. Lawson) Council Member Kai moved and Vice Mayor Post second the motion approving the Consent Agenda. Motion passes unanimously, 7 -0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2021-031: Relating to Boards, Commissions, and Committees; making appointments to the Town of Marana Utilities Board and appointing the chair of the Utilities Board from among its membership (David L. Udall) Associate Town Attorney David Udall provided an overview of the item making appointments to the Town of Marana Utilities Board and appointing the chair of the Utilities Board from among its membership. He explained Title 16 of the Marana Town Code establishes the Town of Marana Utilities Bo ard. Pursuant to Marana Town Code Section 16-1-3, the Utilities Board shall manage and operate the water, wastewater, Regular Council Meeting 04/06/2021 Page 103 of 156 Regular Council Meeting Summary Minutes 03/16/2021 streetlight, electric, and other utility functions of the Town, while the Water Director maintains responsibility for the daily operations of the Town’s water and wastewater services. The Utilities Board is a seven-member Board consisting of the Water Director, the Finance Director, and two (2) Town employees appointed by the Town Manager, and three Council -appointed members who are either T own residents or Town utility customers. As currently constituted, the Utilities Board consists of Deputy Town Manager Erik Montague, Town Engineer Keith Brann (both of whom were appointed by the Town Manager), Interim Water Director Stephen Dean, and Finance Director Yiannis Kalaitzidis. The three Council -appointed positions are currently vacant because the terms of Jeff Biggs, Doug Emans, and Julie Mett have expired. Town staff has solicited applications for the three vacant Council -appointed positions and has received applications from Alejandro Sepulveda, Jeff Biggs, Mark Johnson, and Ronson Chee. These applicants meet the requirements set for in the Marana Town Code for appointment to the Utilities Board, and copies of their applications are attached to this agenda item for the Council’s review. Council -appointed members will begin serving immediately upon appointment and will each serve a four -year term. As outlined in the Town Code, Council may do one or more of the following at this evening meeting: 1. Interview one or more applicants either in public or in an executive session scheduled for that purpose. (An executive session has been scheduled on this evening agenda for interviewing candidates, should the Council desire to do so.) 2. Make one or more appointments. 3. Order the solicitation of additional applications. 4. Take any other action it deems appropriate. Mr. Udall further explained that an executive session has been scheduled for this evening and the Town has reached out to the applicants to obtain their preference for being interviewed in an open session or an executive session. The response to the inquiry is as follows: 1. Jeff Biggs informed staff that he is not opposed to the Council discussing his application during an executive session. 2. Mark Johnson informed staff that he would like to have his application discussed during the open meeting. 3. Alejandro Sepulveda informed staff that he does not need his application discussed in the open meeting, that the executive session would be fine. 4. Ronson Chee informed staff that he has no preference as to whether his application is discussed in the open meeting or an executive session. Regular Council Meeting 04/06/2021 Page 104 of 156 Regular Council Meeting Summary Minutes 03/16/2021 Finally, the Town Code does provide that the Council shall choose the chair of the Utilities Board from among its seven membe rs. Mayor Honea asked who the current chair of the Utilities Board is. Mr. Udall replied stating it is the Water Director. Interim Water Director Stephen Dean currently holds it . Council Member Ziegler thanked those members who had served on the Utili ties Board in the past. Council Member Ziegler moved and Vice Mayor Post second the motion to adopt Resolution No. 2021-031, appointing Jeff Biggs, Mark Johnson and Ronson Chee to the Town of Marana Utilities Board . Motion passes unanimously 7-0. Mr. Udall asked that Council make a selection as to the Chair of the Utilities Board to ensure we have it on record. Council Member Ziegler amended her motion and Vice Mayor Post second the amended motion to include appointing Stephen Dean, Interim Water Director as the chair of the Utilities Board. Motion passes unanimously 7 -0. Mayor Honea asked the appointed members if they wanted to come forward and make a comment. Each of the newly appointed members came forward and provided an overview of their background, and thanked Council for the appointment. COUNCIL ACTION A1 Resolution No. 2021-032: Relating to Real Estate; vacating public right -of-way located south and west of Adonis Road and dedicated to the Town in 2018 by Deed of Dedication from Tangerine Investment Partners, LLC (Jane Fairall) Town Attorney Jane Fairall provided an overview of the item to request vacating public right-of-way located south and west of Adonis Road and dedicated to the Town in 2018 by Deed of Dedication from Tangerine Investment Partners, LLC. She stated the partners dedicated several strips of property in the Adonis Road Project. Due to the negotiations with Mandarina, the Town no longer need to have that particular strip of right -of-way with the redesign. Tangerine Investment Partners contacted Town Engineer Keith Brann asking whether the Town would quit claim that piece of land back to them. She stated Mr. Brann has confirmed that the Town does not need it, and the Town did not pay for it. Tangerine Investment Partners did not charge the Town for the property. The resolution will provide for Town Engineer Keith Brann to sign the quitclaim deed, quit claiming the strip of property back to Tangerine Investment Partners. Vice Mayor Post, moved and Council Member Officer second the motion to adopt Resolution No. 2021-032. Motion passes unanimously, 7 -0. Regular Council Meeting 04/06/2021 Page 105 of 156 Regular Council Meeting Summary Minutes 03/16/2021 A2 Resolution No. 2021-033: Relating to Utilities; approving and authorizing the Mayor to sign an Agreement for Construction of Water Facilities under Private Contract for Silverbell Gateway Apartments (David L. Udall) Mr. Udall provided an overview of the item requesting approval and authorization to enter into an agreement for Construction of Water Facilities under Private Contract for Silverbell Gateway Apartments. He stated the agenda item presents a water infrastructure construction agreement for the Silverbell Gateway Apartme nts pursuant to Marana Town Code Section 14-4-2. That, if approved, this agreement will require the developer to construct certain water infrastructure improvements in order for water to be served to the Silverbell Gateway Apartments. Due to the location of the development, the developer will construct off -site water infrastructure in coordination with the City of Tucson. This off -site infrastructure will deliver water up to the point of connection to the onsite water infrastructure that will be constructed in coordination with the Town, at which point the water will be delivered through the Town’s onsite water infrastructure to the Silverbell Gateway Apartments. To that end, the developer and the Town desire for the terms and conditions of the Intergovernmental Agreement between the City of Tucson and the Town of Marana relating to the Delivery of Central Arizona Project Water (commonly referred to as the “Wheeling IGA”) to apply to this water service agreement. Marana has allocation of CAP water, a portion of which can be delivered to Tucson Water underground storage facilities in Avra Valley, subsequently recovered, and conveyed through Tucson’s potable water distribution system. He further explain, on January 19, 2021, the Marana Town Council adopted th e following approach for when to apply the Wheeling IGA: (1) projects located within the Marana Water Department’s intended service area would be required to connect to Marana water infrastructure, meaning no wheeling would be allowed for these projects, a nd all applicable impact fees would be assessed; (2) projects located in areas outside the Marana Water Department’s intended service area would be candidates for permanent wheeling, and would be required to pay a fee for acquiring additional water resourc es because these developments would not be included in projected water developments in the Town’s current Designation of Assured Water Supply (DAWS). This water service agreement, if approved, will be an exception to the wheeling approach established by the Marana Town Council on January 19 because the Silverbell Gateway Apartments are within the Water Department's intended service area and water will be wheeled to the development under the terms of the agreement. The reason for this exception is that the wheeling terms of the water service agreement were verbally agreed to between the Town and the developer and a draft agreement was prepared in accordance with those terms prior to the January 19 adoption of the wheeling approach. Council Member Kai moved and Council Member Ziegler second the motion to adopt Resolution No. 2021-033, approving and authorizing the Mayor to sign the Agreement Regular Council Meeting 04/06/2021 Page 106 of 156 Regular Council Meeting Summary Minutes 03/16/2021 for Construction of Water Facilities under Private Contract for Silverbell Gateway Apartments. Motion passes unanimously, 7-0. ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Presentation: Relating to Finance; presentation, discussion and possible direction on proposed changes to the Town of Marana Comprehensive Fee Schedul e and other various rate and fee adjustments (Yiannis Kalaitzidis) Finance Director Yiannis Kalaitzidis provided a PowerPoint Presentation on the proposed changes to the Town of Marana Comprehensive Fee Schedule and other various rate and fee adjustments. (A copy of the presentation and video is available on the Town’s website at www.maranaaz.gov for viewing. A copy of the presentation is also available in the Town Clerk’s Office.) D2 Relating to Budget; discussion, direction and possible action regarding development of the fiscal year 2021/2022 budget, including pro posed budget initiatives and expenditures (Terry Rozema) Mr. Montague this reoccurring item on the council agenda provides Council an opportunity to discuss or provide feedback with respect to the compilation of town’s annual budget. Mayor Honea stated the Town would be receiving an additional $11.6M in the federal handout. The Town will need to consider where it wish to use those dollars such as to pay for a couple of major projects that were discussed at the retreat. He encouraged Council to gi ve it some consideration as to where those dollars can be best used. He spoke with Town Manager Terry Rozema about those dollars and said the Town could split those dollars by paying off one large project or whichever project the Council decides. He conti nued stating there are some stipulations with these funds; however, water and wastewater related projects would be covered. It would pay for the NRRDS Project as well. Council Member Ziegler asked what other projects would be covered with these dollars, other than water and wastewater. Mayor Honea replied stating it does not have many restrictions on those funds —not like before with the earlier allocation. He stated Governor Ducey provided for cities and towns to be able to use those funds without having many restrictions. That in his conversation with Mr. Rozema he indicated those funds can be used towards water wastewater infrastructure is one of the types of projects those funds can be used. There could be many other projects where those funds can be used. Council Member Ziegler stated she would like to see the entire list of projects. She is not opposed to water related projects, but is interested in seeing the other types of projects. Regular Council Meeting 04/06/2021 Page 107 of 156 Regular Council Meeting Summary Minutes 03/16/2021 D3 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema) Mr. Montague provided an update of those items that are currently be heard during this legislative session. 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 cer tain 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). E2 Executive Session pursuant to A.R.S. § 38 -431.03(A)(1) for discussion, consideration, and possible interviews of candidates for appointment to the Town of Marana Utilities Board. [6:50 PM Minutes:] Mayor Honea asked for a motion to go into executive session for the reasons stated in Items E2 and E3. Vice Mayor Post, moved and Council Member Ziegler second the motion to enter into executive session. Motion passes unanimously, 7 -0. E3 Executive Session pursuant to A.R.S. § 38 -431.03(A)(3) and (4) for discussion or consultation with the Town’s attorneys and to instruct the Town’s representatives concerning the litigation entitled In Re: AFFF Products Liability Litigation , MDL No. 2873, currently pending in the United States District Court for the District of South Carolina, related to the potential recovery of costs to remedy water quality issues resulting from perfluorinated compounds contamination. [7:20 PM Minutes:] Mayor Honea resumed the meeting, and asked for a motion to the item discussed in executive session. Mayor Honea moved and Vice Mayor Post second the motion authorizing the Town Attorney to proceed with the lexicon waiver as discussed in executive session for the pfab litigation. Motion passes unanimously, 7 -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). Regular Council Meeting 04/06/2021 Page 108 of 156 Regular Council Meeting Summary Minutes 03/16/2021 ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Council Member Ziegler moved and Council Member Kai second the motion to adjourn the meeting. Meeting adjourned at 7:22 PM. Motion passes unanimously, 7-0. CERTIFICATION I hereby certify that the foregoing are the true and correct mi nutes of the Marana Town Council meeting held on March 16, 2021. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Regular Council Meeting 04/06/2021 Page 109 of 156      Council-Regular Meeting   A1        Meeting Date:04/06/2021   To:Mayor and Council From:Jane Fairall, Town Attorney Date:April 6, 2021 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No.2021.004: Relating to Land Development; revising Marana Town Code Title 17 (Land Development), Chapter 17-2 (Administrative bodies and officers) by deleting existing Section 17-2-3 (Planning director) and replacing it with new Section 17-2-3 (Planning department and Planning manager); deleting Section 17-2-4 (Cultural Resources Preservation Board); providing that the Planning manager shall be primarily responsible for the administration of Title 17 instead of the Planning director and making corresponding changes throughout Title 17; and declaring an emergency (Jane Fairall) Discussion: In 2015, Town staff began the migration of the Land Development Code (LDC) to the Marana Town Code. The process has continued as chapters have been updated and are ready for adoption. Staff has been working over the past couple of years to clean-up and update the remaining portions of the existing Land Development Code in preparation for final migration of the LDC to Title 17 (Land Development) of the Town Code, and to revise the already-migrated chapters if and as needed.  Staff anticipates bringing forward the final chapters and any additional revisions to Planning Commission in May and to Council in June for adoption. Chapter 17-2 - Administrative bodies and officers, was migrated to the Town Code in December 2015. This chapter establishes the Planning Commission and the Board of Adjustment. It also designates the Planning Director as the statutorily-required zoning administrator for the Town and establishes the Cultural Resources Preservation Board.  The proposed revisions to the LDC accomplish two main objectives: 1) designate the Regular Council Meeting 04/06/2021 Page 110 of 156 Planning Manager as the zoning administrator for the Town, primarily responsible for the administration of the LDC, instead of the Planning Director, and 2) eliminate the Cultural Resources Preservation Board. As currently organized, the Development Services Director is designated as the "planning director" and therefore serves as the zoning administrator. However, the day-to-day work of administering the LDC and working with planners and developers on development projects, generally falls to the Principal Planner. If the proposed Code changes are approved, the Town Manager will reclassify the Principal Planner position to Planning Manager. The Planning Manager will take over zoning administrator responsibilities, while the Development Services Director concentrates his efforts on broader development issues within the Town. It is for this reason that staff is bringing chapter 17-2 forward for amendments prior to the rest of the LDC. The Cultural Resources Preservation Board was created in 2003, at the same time that the Town adopted LDC Title 20, which created the cultural resources preservation ordinance. Title 20 of the LDC remains in place and will be migrated to the Town Code as outlined above. Pursuant to the Code, all proposed development projects within the Town are reviewed for their potential impact on archaeological resources and all impacts addressed prior to the issuance of any permits.  All documents and activities relevant to the management, preservation, and recovery of archaeological and historic resources are prepared or undertaken by a qualified archaeologist permitted by the Arizona state museum (ASM) working under the appropriate ASM survey and recovery permits. However, the Cultural Resources Preservation Board itself has been inactive and has not met for more than 10 years. At this time, staff is recommending that the Board be eliminated and that Town staff continue working with current best practices and state laws regarding protection of cultural resources. Staff Recommendation: Staff recommends approval of the amendments to Chapter 17-2 of the Town Code. Suggested Motion: I move to adopt Ordinance No. 2021.004, revising Marana Town Code Title 17 (Land Development), chapter 17-2 (Administrative bodies and officers) and declaring an emergency. Attachments Ordinance 2021.004 Regular Council Meeting 04/06/2021 Page 111 of 156 Ordinance No. 20 21.004 - 1 - MARANA ORDINANCE NO. 2021.004 RELATING TO LAND DEVELOPMENT; REVISING MARANA TO WN CODE TITLE 17 (LAND DEVELOPMENT ), CHAPTER 17-2 (ADMINISTRATIVE BODIES AND OFFICERS) BY DELETING EXISTING SECTION 17-2-3 (P LANNING DIRECTOR ) AND REPLACING IT WITH NEW SECTION 17-2-3 (PLANNING DEPARTMENT AND PLANNING MANAGER ); DELETING SECTION 17-2-4 (CULTURAL RESOURCES PRESERVATION BOARD); PROVIDING THAT THE P LANNING MANAGER SHALL BE PRIMARILY RESPONSIBLE FOR THE ADMINISTRATION OF TITLE 17 INSTEAD OF THE PLANNING DIRECTOR AND MAKING CORRESPO NDING CHANGES THROUGHOUT TITLE 17; AND DECLARING AN EMERGENCY WHEREAS the revisions adopted by this ordinance were the subject of a March 31, 2021 Marana Planning Commission public hearing and received a recommendation of approval by a vote of ___ in favor and ____ opposed; and WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance are in the best interest of the Town of Marana and the general public. NOW, THEREFORE, BE IT O RDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Town Code Title 17 (Land Development), chapter 17-2 (Administrative bodies and officers) is hereby amended by deleting existing section 17-2-3 (Planning director) and replacing it with new section 17 -2-3 (Planning department and planning manager) as follows: 17-2 -3 Planning department and planning manager A. Pursuant to A.R.S. §9 -461.03, the planning department of the town of Marana is hereby established, and here and after referred to as the development services department. The development services department shall perform the planning functions for the town and shall provide technical support and guidance for action on all plan and ordinance amendments and on applications for development approval and shall perform such other functions as may be requested by the town council or the planning commission as authorized by this code. B. Pursuant to A.R.S. §9 -462.05(C), the position of planning manager is hereby established. The planning manager is the person designated by the town Regular Council Meeting 04/06/2021 Page 112 of 156 Ordinance No. 20 21.004 - 2 - manager as being primarily responsible for the administration of this title, regardless of that person’s job title. The planning manager is the “zoning administrator” for purposes of title 9, article 6.1, A.R.S. (A.R.S. § 9-462 et seq.) SECTION 2. Marana Town Code Title 17 (Land Development), chapter 17-2 (Administrative bodies and officers) is hereby amended by deleting existing section 17- 2-4 (Cultural resources preservation board). SECTION 3. Marana Town Code Title 17 (Land Development) is hereby amended by replacing the term “planning director,” in all instances, with the term “planning manager” in Town Code sections: 17-1-4(A)(119), 17-2-2(D)(2), 17-2-4(G), 17-3-1(A), (B), and (B)(5), 17-3-2(B), (B)(4), (G)(1), (I), (J), and (K), 17-3-3(B)(2), (B)(4), (C)(1), (D), and (D)(3)(i), 17-3-7(A) and (C), 17-4-19(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), and (E)(3), 17-4- 20(B), (B)(1), (C)(1)(a), and (C)(2), 17-4-22(C), 17-5-2(A)(3)(b), (C)(4)(c)(i), (D)(1)(b), (D)(2)(b), (D)(2)(h)(iii)(c), (D)(3)(d), (D)(3)(e), and (D)(3)(g)(i), 17-5-3(B)(9)(e)(i) and (C)(6), 17-5-5(C)(12), 17-5-6(A)(2)(c), (D)(2)(a), (D)(2)(b), (E)(2)(d)(xv)(b), (E)(3)(b), (E)(3)(b)(i)(a), (E)(3)(b)(ii), (E)(3)(b)(iii)(a), (E)(3)(b)(iii)(b), (H)(1), and (H)(3), 17-6-6(A), 17-6-10(E), 17-6- 13(C)(2), (C)(3), and (C)(4), 17-6-14(H)(3), 17-9-2(A)(2)(b)(i) and (A)(2)(c)(i), 17-10- 3(A)(17)(a)(vi), 17-10-4(H), 17-10-7(D), 17-10-10(A)(3), 17-10-14(A) and (B), 17-10-37(A) and (F)(6), 17-18-2(C), 17-18-4(A) and (C), 17-18-5(B)(10), (C), (E), (E)(2), and (E)(3), 17-18- 8(B), 17-18-9(B),(C), (C)(1), and (C)(2), 17-18-10(D), (L), and (L)(2), 17-18-11(C) and (D), 17-18-12(C), 17-18-13(B), 17-18-14(A), (A)(1), (A)(2), (B), and (C), 17-18-17(A), (B), (B)(5), and (C), SECTION 4. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 5. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in con flict with the provisions of this o rdinance are hereby repealed, effective as of the effective date of this o rdinance. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutiona l by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 7. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ord inance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. Regular Council Meeting 04/06/2021 Page 113 of 156 Ordinance No. 20 21.004 - 3 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 6th day of April, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 114 of 156    Council-Regular Meeting   A2        Meeting Date:04/06/2021   To:Mayor and Council Submitted For:Amanda Jones, Water Business Coordinator From:Amanda Jones, Water Business Coordinator Date:April 6, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution 2021-043: Relating to Budget; authorizing the transfer of up to $75,000 in budgeted expense authority from the General Fund contingency line item to the Water Department budget in the FY21 budget for costs related to customer assistance programs (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 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.  On December 15, 2020, Town Council approved Ordinance No. 2020.022, reinstating Marana Town Code section 14-5-4 (A) and the Water Department resumed normal business practices as of February 1, 2021. Over the last several months, staff have developed two new assistance programs to provide relief for customers in an attempt to get their balances paid down.  Prior to the December 15th Town Council meeting, staff had begun notification to delinquent customers and promotion of the new programs via postcards, direct mailers, and social media postings in both English and Spanish. Since January 2021, there have been 120 customers who have completed a payment plan program application. Of those, 32 customers have been eligible for one of the two assistance programs.  In order to qualify for forgiveness, the customer must: Regular Council Meeting 04/06/2021 Page 115 of 156 In order to qualify for forgiveness, the customer must: Be an active Marana Water residential customer1. Complete an online payment plan application2. Self-certify they had a genuine COVID-19 related hardship Examples could include Loss of wages Loss of job Loss of business Other COVID-19 related impacts 3. Provide documentation showing income for the last 30 days Examples to show income could include Paycheck stubs Unemployment benefit stubs 4. If the customer experienced a genuine COVID-19 related hardship (meeting criteria 1-3 above), the program provides forgiveness of 50% of the 60+ day balance on the customer's account. If they experienced a genuine COVID-19 related hardship and met income thresholds (meeting criteria 1-4 above), the program provides forgiveness of 50% of the entire balance. Once these determinations were made, the customer would then enter into the payment plan for the remaining balance.  The proposed resolution will transfer budget capacity from the General Fund contingency fund to the Water Department to support these programs. By approving a transfer of up to $75,000, the Town will ensure that any customer who can meet the above eligibility requirements will receive the balance forgiveness based on eligible delinquent customer balances as of the February 2021 billing. Financial Impact: Fiscal Year: 2020-2021 Budgeted Y/N: N Amount:$75,000 Funds not to exceed an amount of $75,000, would be transferred from the General Fund Contingency amount to the Water utilities fund as necessary. Staff Recommendation: Staff recommends approval of Resolution 2021-043 approving the transfer of budget capacity from the General Fund Contingency to the Water Department to support the Customer Assistance Program providing relief to customers who have seen genuine hardship related to the COVID-19 pandemic of an amount not to exceed $75,000.  Suggested Motion: I move to adopt Resolution 2021-043, authorizing the transfer of up to $75,000 in Regular Council Meeting 04/06/2021 Page 116 of 156 I move to adopt Resolution 2021-043, authorizing the transfer of up to $75,000 in budgeted expense authority from the General Fund contingency line item to the Water Department budget in the FY21 budget for costs related to customer assistance programs. Attachments Resolution 2021-043 Regular Council Meeting 04/06/2021 Page 117 of 156 Marana Resolution No. 20 21-043 - 1 - MARANA RESOLUTION NO. 2021-043 RELATING TO BUDGET; AUTHORIZING THE TRANSFER OF UP TO $75,000 IN BUDGETED EXPENSE AUT HORITY FROM THE GENERAL FUND CONTINGENCY LINE ITEM TO THE WATER DEPARTMENT BUDGET IN THE FY21 BUDGET FOR COSTS RELATED TO CUSTOMER ASSISTANCE PROGRAMS 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 Town Council adopted Ordinance No. 2020.006, temporarily suspending M arana 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 Town Council adopted Ordinance No. 2020.007, extending the expiration date of 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, 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, on December 15, 2020, the Town Council adopted Ordinance No. 2020.022, rescinding Ordinance No. 2020.006, as extended by Ordinance No. 2020.007, and authorizing Town staff to implement payment plan options and other customer as- sistance programs for the collection of delinquent payments ; and WHEREAS the Town Council desires to transfer budgeted expenditure authority in the fiscal year 2020-2021 budget of up to $75,000 from the General Fund contingency line item to the Water Department budget for costs related to the customer assistance programs; and Regular Council Meeting 04/06/2021 Page 118 of 156 Marana Resolution No. 20 21-043 - 2 - WHEREAS transferring budgeted expenditure authority from the contingency fund of up to $75,000 within fiscal year 2020-2021 will not significantly impact the General Fund; and WHEREAS reallocations of budgeted expenditure authority between the contin- gency line item in the General Fund to other line items are necessary from time to time; and WHEREAS the Council finds that the reallocations addressed by this resolution are in the best interest of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The transfer of up to $75,000.00 in budgeted expenditure authority in the fiscal ye ar 2020-2021 budget from the General Fund contingency line item to the Wa- ter Department budget for costs related to the customer assistance programs is hereby approved. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of April, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 119 of 156      Council-Regular Meeting   A3        Meeting Date:04/06/2021   To:Mayor and Council Submitted For:Libby Shelton, Deputy Town Attorney From:Libby Shelton, Deputy Town Attorney Date:April 6, 2021 Strategic Plan Focus Area: Community Subject:Ordinance No. 2021.005: Relating to Animal Control; amending Marana Town Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to amend several definitions and to add new definitions; revising section 6-4-1 (Dogs at large prohibited; exceptions; classification) to add a new classification of offense; revising section 6-5-1 (Animal waste removal; exceptions; classification) to add a time period for offense and disposal provision; revising section 6-6-2 (Neglect prohibited; classification; penalty) to add offense related to tie outs; revising Chapter 6-7 to rename it as "Vicious, aggressive, or destructive animals and biting animals" and to add a civil procedure for declaration of animal as vicious, aggressive or destructive, clarifying prohibited acts, relocating provisions related to vicious, aggressive or destructive animals from Chapter 6-8, and adding a penalty for failure to report animal's status; revising Chapter 6-8 (Removal, impoundment, forfeiture and disposition of animals) to add provisions regarding impoundment of vicious, aggressive, or destructive animals; modifying various other provisions and designating an effective date (Libby Shelton) Resolution No. 2021-044: Relating to Animal Control; declaring as a public record filed with the Town Clerk the amendments to Marana Town Code Title 6 (Animal Control); revising section 6-1-1 (Definitions) to amend several definitions and to add new definitions; revising section 6-4-1 (Dogs at large prohibited; exceptions; classification) to add a new classification of offense; revising section 6-5-1 (Animal waste removal; exceptions; classification) to add a time period for offense and disposal provision; revising section 6-6-2 (Neglect prohibited; classification;Regular Council Meeting 04/06/2021 Page 120 of 156 provision; revising section 6-6-2 (Neglect prohibited; classification; penalty) to add offense related to tie outs; revising Chapter 6-7 to rename it as "Vicious, aggressive, or destructive animals and biting animals" and to add a civil procedure for declaration of animal as vicious, aggressive or destructive, clarifying prohibited acts, relocating provisions related to vicious, aggressive or destructive animals from Chapter 6-8, and adding a penalty for failure to report animal's status; revising Chapter 6-8 (Removal, impoundment, forfeiture and disposition of animals) to add provisions regarding impoundment of vicious, aggressive, or destructive animals; modifying various other provisions and designating an effective date (Libby Shelton) Discussion: The revisions to Title 6 that are being proposed are intended to both clarify certain terms, reorganize Title 6, and address the offenses related to an animal who bites to ensure the safety of the public and not overly penalize an owner of an animal that unexpectedly bites an animal or human being.  Highlights of the proposed amendments include the following: Revising section 6-1-1 (Definitions) to add an "aggressive animal" definition to address animals who have bitten a person or domestic animal without provocation, but are not a "vicious animal" with a propensity to attack as defined in section 6-1-1.  Additionally, definitions for "muzzle" and "wild animal" are added and the definitions for destructive animal, domestic animal, tie out and vicious animal are clarified.   Revising section 6-4-1 (Dogs at large prohibited; exceptions; classification) to clarify what constitutes an offense to this section and adding a penalty of a class 1 misdemeanor when an animal previously declared vicious, aggressive, or destructive is at large.   Revising section 6-5-1 (Animal waste removal; exceptions; classification) to add that waste cannot be left out for more than 72 hours and that pending disposal waste shall be in a closed or sealed container. Revising section 6-6-2 (Neglect prohibited; classifications; penalty) requiring a tie out to be located so that it will not be entangled and allow access to water, food and shelter and not used in conjunction with a choke collar. Chapter 6-7 is renamed "Vicious, aggressive, or destructive animals and biting animals" to reflect the consolidation of the declaration of status of an animal, the mandatory quarantine provisions related to biting animals, and the offenses related to biting animals and vicious, aggressive, or destructive animals in the same chapter. Sections 6-7-2 through 6-7-5 outline the new civil procedure related to declaring an animal vicious, aggressive or destructive.  Section 6-7-6 (Prohibited acts; classifications; defenses; findings and orders) limits the criminal misdemeanor offense of biting animal to: 1) vicious, aggressive, or destructive animals that bite; 2) animals that are both at large and unvaccinated at the time of the bite; 3) vicious, aggressive or destructive animals that destroy property; and 4) animals that bite causing serious physical injury to a human being.   Chapter 6-8 is reorganized to reflect impoundment for either cruelty or neglect and impoundment for being a vicious, aggressive or destructive animal and outlines the Regular Council Meeting 04/06/2021 Page 121 of 156 civil procedure to address impoundment. Staff Recommendation: Staff recommends approval of revisions to Title 6 of the Marana Town Code related to animal control. Suggested Motion: I move to adopt Ordinance No. 2021.005, amending Marana Town Code Title 6 (Animal Control) and Resolution No. 2021-044 declaring the amendments a public record.   Attachments Ordinance 2021.005 Resolution 2021-044 Exhibit A Regular Council Meeting 04/06/2021 Page 122 of 156 Ordinance No. 20 21.005 - 1 - MARANA ORDINANCE NO. 2021.005 RELATING TO ANIMAL CONTROL ; AMENDING MARANA TOWN CODE TITLE 6 (ANIMAL CONTROL); REVISING SECTION 6-1-1 (DEFINITIONS) TO AMEND SEVERAL DEFINITIONS AND TO ADD NEW DEFINITIONS; REVISING SECTION 6- 4-1 (DOGS AT LARGE PROHIBITED; EX CEPTIONS; CLASSIFICATION) TO ADD A NEW CLASSIFICATION O F OFFENSE; REVISING SECTION 6-5-1 (ANIMAL WASTE REMOVAL; EXCEPTIONS; CLASSIFICATION) TO ADD A TIME PERIOD FOR OFFENSE AND DISPOSAL PROVISION; REVISING SECTION 6-6-2 (NEGLECT PROHIBITED; CLASSIFICATION; PENALTY) TO ADD OFF ENSE RELATED TO TIE OUTS; REVISING CHAPT ER 6-7 TO RENAME IT AS "VICIOUS, AGGRESSIVE, OR DESTRUCTIVE ANIMALS AND BITING ANIMALS" AND TO ADD A CIVIL PROCEDURE FOR DECLAR ATION OF ANIMAL AS V ICIOUS, AGGRESSIVE OR DESTRUCTIVE, CLARIFYING PRO HIBITED ACTS, RELOCATING PROVISIONS RELATED TO VICIOUS, AGGRESSIVE OR DESTRUCTIVE ANIMALS FROM CHAPTER 6-8, AND ADDING A PENALTY FOR FAILURE TO REPORT ANIMAL'S STATUS; REVISING CHAPTER 6-8 (REMOVAL, IMPOUNDMENT, FORFEITURE AND DISPOSITION OF ANIMALS) TO ADD PROVISIONS R EGARDING IMPOUNDMENT OF VICIOUS, AGGRESSIVE, OR DESTRUCTIVE ANIMALS; MODIFYING VARIOUS OTHER PROVISIONS; AND DESIGNATING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. The amendments to the Marana Town Code Title 6 (Animal Control), 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, which was made a public record by and attached as Exhibit A to Resolution No. 2021-044 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. Section 2. The following penalty clauses are included in the amendments to Marana Town Code Title 6 (Animal Control ): 6 -4 -1 Dogs at large prohibited; exceptions; classification [Paragraphs A through C do not have any penalty clauses] D. Except as otherwise provided in this section, violation of this section is a civil infraction. Regular Council Meeting 04/06/2021 Page 123 of 156 Ordinance No. 20 21.005 - 2 - E. Violation of this section is a class 2 misdemeanor if the owner of the animal has been found responsible or guilty of a violation of this section within the 12 - month period prior to the date of offense. F. Violation of this section is a class 1 misdemeanor if the owner of the animal has knowledge that the animal has been declared vicious, aggressive or destructive after an opportunity for a hearing before the town magistrate or that has been so declared by a nother jurisdiction after the owner has been provided notice and an opportunity to be heard. 6 -5 -1 Animal waste removal; exceptions; classification [Paragraphs A through C do not have any penalty clauses ] D. Violation of this section is a civil infraction. 6 -6 -2 Neglect prohibited; classification; penalty [Paragraphs A and B do not have any penalty clauses] C. Violation of this section is a class 1 misdemeanor. D. Upon conviction of violation of this section, in addition to any other penalty imposed by the magistrate, the magistrate may order that the owner of the animal shall not be permitted to own or control any animal for a period of up to three years and that the animal(s) which is the subject of this action be forfeited to the town enforcement agent. 6 -7 -1 Keeping vicious, aggressive, or destructive animals prohibited; exceptions; classification [Paragraphs A through C do not have any penalty clauses ] D. Violation of this section is a class 1 misdemeanor. 6 -7 -5 Hearing regarding declaration; findings after court hearing; rules of hearing; costs [Paragraph A does not contain a penalty clause] B. If the town magistrate finds from clear and convincing evidence that the animal is vicious or aggressive or destructive, then the town magistrate shall enter orders taking into account the recommendations of the town enforcement agent and the animal’s owner. C. Upon a finding that an animal shall be declared vicious, aggressive or destructive, the magistrate may enter such orders as the magistrate deems necessary to protect the public, including one or more of the following: 1. That the animal be kept in an enclosure that is secure enough that the animal cannot bite, harm or injure anyone outside the enclosure, and cannot escape, as follows: a. The court shall determine the appropriate fencing requirements for the size and nature of the animal. The court may require a fence, including gates to be six feet in height; a fence five to six feet in height to incline to the inside of the confinement area at a Regular Council Meeting 04/06/2021 Page 124 of 156 Ordinance No. 20 21.005 - 3 - 45 degree angle from the vertical; or that the confinement area be wholly covered by a material strong enough to keep the animal from escaping. b. The court may require the bottom of the confinement area to be of concrete, cement or asphalt, or of blocks or bricks s et in concrete or cement; or if the bottom is not provided, then a footing of such material shall be placed along the whole perimeter of the confinement area to a depth of one foot below ground level, or deeper if required by the court. c. The court may require the gates to the confinement area to be locked at all times with a padlock except while entering or exiting. 2. That the animal be muzzled and restrained whenever the animal is outside its enclosure with a leash, chain, rope or similar device not more than six feet in length sufficient to restrain the animal, and under the control of a person capable of preventing the animal from engaging in any prohibited behavior. 3. That the owner of the vicious, aggressive or destructive animal display on every ga te or entry way to the enclosure where the animal is kept a sign that reasonably cautions the public that the animal is vicious, aggressive, or destructive. 4. That the owner maintain liability insurance in a single incident amount as determined by the cour t for bodily injury or death of any person or for damage to property caused by the vicious, aggressive, or destructive animal. 5. That the animal’s owner microchip the animal with an identification number. The town enforcement agent shall maintain a registry of the numbers and the owners of the animals. 6. That the animal be spayed or neutered at the owner’s expense. 7. That the animal be defanged or declawed. 8. That the animal be banished from the town limits, after first being spayed or neutered, and microchipped by a licensed veterinarian at the owner’s expense. 9. That the animal be forfeited to the town enforcement agent for transfer to a legally incorporated humane society or other nonprofit corporate animal-welfare organization devoted to the welfare, protection and humane treatment of animals, as described in section 6 -8-13. 10. That the animal be humanely destroyed. [Paragraphs D and E do not contain penalty clauses] 6 -7 -6 Prohibited acts; classification; defenses; findings and orders Regular Council Meeting 04/06/2021 Page 125 of 156 Ordinance No. 20 21.005 - 4 - A. The owner of any animal that is a vicious animal, aggressive animal, or destructive animal that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals is guilty of a class 1 misdemeanor. B. The owner of any animal that is at large and unva ccinated that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals is guilty of a class 1 misdemeanor. C. The owner of any animal that is a vicious animal, aggressive animal, or destructive animal that destroys, damages, or causes damage to the property of another person is guilty of a class 1 misdemeanor. D. The owner of any animal that bites causing serious physical injury as defined in A.R.S. §13-105(39) to a human being is guilty of a class 1 misdemeanor. [Paragraph E does not have any penalty clauses] F. Upon conviction of a violation of this section, in addition to any other penalty or order imposed by the magistrate, the magistrate may find that the animal is vicious, aggressive, or destructive, and may enter such orders as the magistrate deems necessary to protect the public, as set forth in section 6 -7-5(C). 6 -7 -7 Restitution In addition to any other penalty, if a victim suffers economic loss as a result of a violation of section 6 -7-6 , the court shall order the owner to pay restitution to the victim, in the full amount of the victim’s economic loss, as determined by the court. This remedy shall not abridge any civil cause of action by the victim. 6 -7 -9 Vicious, aggressive, or destructive animals; required acts and unlawful activities; classification [Paragraphs A through E do not have penalty clauses] F. Violation of this section is a class 1 misdemeanor. 6 -7 -10 Quarantine of biting animals; reporting; handling and destruction; exception; classification [Paragraphs A through J do not have penalty clauses] K. Failure to comply with this section is a class 1 misdemeanor. 6 -7 -11 Duty to report animal’s status; effect [Paragraphs A and B do not have any penalty clauses] C. Failure to comply with this section is a class 1 misdemeanor Regular Council Meeting 04/06/2021 Page 126 of 156 Ordinance No. 20 21.005 - 5 - 6 -8 -10 Duty to produce; exemption; classification [Paragraphs A and B do not have any penalty clauses] C. Violation of this section is a class 1 misdemeanor Section 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Section 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Cou ncil in confli ct with the provisions of this o rdinance are hereby repealed, effective as of the effective date of this o rdinance. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be inva lid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. Section 6. This ordinance shall become effective on the thirty-first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of April, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 127 of 156 Resolution No. 2021-044 - 1 - MARANA RESOLUTION NO. 2021-044 RELATING TO ANIMAL CONTROL; DECLARING AS A PUBL IC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS TO MARANA TOWN CODE TITLE 6 (ANIMAL CONTROL); REVISING SECTION 6-1-1 (DEFINITIONS) TO AMEND SEVERAL DEFINITIONS AND TO ADD NEW DEFINITIONS; REVISING SECTION 6- 4-1 (DOGS AT LARGE P ROHIBITED; EXCEPTIONS; CLASSIFICATION) TO ADD A NEW CLASSIFICATION O F OFFENSE; REVISING SECTION 6-5-1 (ANIMAL WASTE REMOVAL; EXCEPTIONS; CLASSIFICATION) TO ADD A TIME PERIOD FOR OFFENSE AND DISPOSAL PROVISION; REVISING SECTION 6-6-2 (NEGLECT PROHIBITED; CLASSIFICATION; PENALTY) TO ADD OFFENSE RELATED TO TIE OUTS; REVISING CHAPT ER 6-7 TO RENAME IT AS "VICIOUS, AGGRESSIV E, OR DESTRUCTIVE ANIMALS AND BITING ANIMALS" AND TO ADD A CIVIL PROCEDURE FOR DECLAR ATION OF ANIMAL AS V ICIOUS, AGGRESSIVE OR DESTRUCTIVE, CLARIFYING PROHIBITE D ACTS, RELOCATING PROVISIONS RELATED TO VICIOUS, AGGRESSIVE OR DESTRUCTIVE ANIMALS FROM CHAPTER 6-8, AND ADDING A PENALTY FOR FAILURE TO REPORT ANIMAL'S STATUS; REVISING CHAPTER 6-8 (REMOVAL, IMPOUNDMENT, FORFEITURE AND DISPOSITION OF ANIMALS) TO ADD PROVISIONS REGARDING IMPOUNDMENT OF VICIOUS, AGGRESSIVE, OR DESTRUCTIVE ANIMALS; MODIFYING VARIOUS OTHER PROVISIONS; AND DESIGNATING AN EFFECTIVE DATE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amendments to Marana Town Code Title 6 (Animal Con- trol), a copy of which is attached to and incorporated in this resolution as Exhibit A and one paper copy and one electronic copy of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. Regular Council Meeting 04/06/2021 Page 128 of 156 Resolution No. 2021-044 - 2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of April, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 129 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 2021-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursu ant to Marana Ordinance No. 2021.005 00074945.DOC /31 SECTION 1. Section 6-1-1 of the Marana Town Code is hereby revised as fo llows and existing paragraphs A through W are renumbered to conform to the revisions (with deletions shown with strikeouts and additions shown with double underlining): 6 -1 -1 Definitions The following definitions shall apply throughout this title unless the context clearly indicates otherwise. A. “Aggressive animal” means any animal that has bitten or otherwise injured a person or domestic animal without provocation or that has a know n history of attacking persons or domestic animals without provocation and is not a vicious animal, or that has been so declared after an opportunity for a hearing before the town magistrate, or that has been so declared by another jurisdiction after the owner has been provided notice and an opportunity to be heard. [Paragraphs B through G as renumbered by section 1 above remain unchanged] H. “Destructive animal” means any animal that has a propensity to destroy, damage, or cause damage to the property of a person other than the animal’s owner, or that has been so declared after an opportunity for a hearing before the town magistrate, or that has been so declared by another jurisdiction after the owner has been provided notice and an opportunity to be heard. [Paragraph I as renumbered by section 1 above remains unchanged] J. “Domestic animal” means any of various animals that have been tamed and made fit for a human environment, but does not include wild animals or hybrids of animals and wild animals. [Paragraphs K through O as renumbered by section 1 above remain unchanged] P. “Muzzle” means a device constructed of strong, soft material or of metal, designed to fasten over the mouth of a dog that prevents the dog from biting any person or other animal and th at does not interfere with is respiration. [Paragraphs Q through U as renumbered by section 1 above remain unchanged] V. “Tie out” means a chain, leash, wire cable or similar restraint attached to a swivel or pulley and located to keep an animal exclusively inside the property line. [Paragraphs W and X as renumbered by section 1 above remain unchanged] Y. “Vicious animal” means any animal that has a propensity to attack, to cause injury to, or to otherwise endanger the safety of human beings or domestic animals without provocation, or that has been so declared after an opportunity for a hearing before the town magistrate, or that has been so declared by another jurisdiction after the owner has been provided notice and an opportunity to be heard. Regular Council Meeting 04/06/2021 Page 130 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 2021-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursu ant to Marana Ordinance No. 2021.005 00074945.DOC /32 Z. “Wild animal” means any animal which is now or historically has been found in the wild, or in a wild state. Wild state means living in its original, natural condition, not domesticated. SECTION 2. Section 6-2-4 of the Marana Town Code is hereby revised as fo llows (with deletions shown with strikeouts): 6 -2 -4 Commencement of action [Paragraphs A and B remain unchanged] C. The town attorney or designee may commence an action for violation of this title by filing a long form civil code complaint with the Marana municipal court. Upon receipt of the long form civil code complaint, the Marana municipal court shall issue a summons. [Paragraph D remains unchanged] SECTION 3. Section 6-4-1 of the Marana Town Code is hereby revised as fo llows (with deletions shown with strikeouts and additions shown with double underlining): 6 -4 -1 Dogs at large prohibited; exceptions; classification A. Any dog owned, possessed, harbored, kept or maintained on public streets, sidewalks, alleys, parks or other public property shall be restrained by a leash, chain, rope, cord, or similar device of sufficient strength to restrain the dog., and the Any person handling the dog shall use the leash, chain, rope, cord, or similar device as it was designed and intended to be used to control the dog. B. Any dog owned, possessed, kept, harbored or maintained upon or about the private property of any person, including the property of the dog’s owner, shall be confined inside a house or other building, or confined entirely by a fence or similar enclosure of sufficient strength and height, to prevent the dog from escaping from the property. [Paragraphs C through E remain unchanged] F. Violation of this section is a class 1 misdemeanor if the owner of the animal has knowledge that the animal has been declared vicious, aggressive or destructive after an opportunity for a hearing before the town magistrate or that has been so declared by another jurisdiction after the owner has been provided notice and an opportunity to be heard. Regular Council Meeting 04/06/2021 Page 131 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 2021-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursu ant to Marana Ordinance No. 2021.005 00074945.DOC /33 SECTION 4. Section 6-5-1 of the Marana Town Code is hereby revised as fo llows (with additions shown with double underlining): 6 -5 -1 Animal waste removal; exceptions; classification [Paragraph A remains unchanged] B. It shall be unlawful for the owner, proprietor, agent or occupant of any premises where domestic animals are kept to deposit, cause to be deposited, or allow to accumulate, within or about the premises, any solid wastes from domestic animals for more than 72 hours or in such a manner that the waste creates an unsanitary condit ion or is a health hazard to humans or animals. Pending disposal, animal waste shall be placed in a closed or sealed container. This paragraph applies to private property, including property owned, leased or controlled by the owner of the domestic animal. [Paragraphs C and D remain unchanged] SECTION 5. Section 6-6-2 of the Marana Town Code is hereby revised as fo llows (with additions shown with double underlining): 6 -6 -2 Neglect prohibited; classification; penalty [Paragraph A remains unchanged] B. Any person having care, control, charge, or custody of any animal, either as owner or otherwise, shall provide: 1. That the animal receives daily, food that is free from contamination and is of sufficient quantity and nutritive value to maintain the animal in good health; 2. That potable water is accessible to the animal at all times, either free-flowing or in a clean receptacle; 3. That except for livestock, all animals have convenient access to natural or artificial shelter throughout the year. Any such artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, does not comply with this chapter. Any shelter, all bedding and any spaces accessible to the animal shall be maintained in a manner which minimizes the risk of the animal contracting disease, being injured or becoming infested with parasites; Regular Council Meeting 04/06/2021 Page 132 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 2021-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Maran a Ordinance No. 2021.005 00074945.DOC /3 4 4. That the animal receives care and medical treatment for debilitating injuries, parasites and diseases, sufficient to maintain the animal in good health and minimize suffering; 5. That the animal is given adequate exercise space either: a. within an enclosure that shall be constructed of material, and in a manner, to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition; or b. on a tie out so located that the animal cannot become entangled with other objects. Choke collars or similar such collars shall not be used to attach an animal to a tie out. No tie out shall employ a restraint that is less than ten feet in length. No tie out shall restrict access to clean water, food, or shelter. [Paragraphs C and D remain unchanged] SECTION 6. Chapter 6-7 of the Marana Town Code is hereby revised as fo llows (with deletions shown with strikeouts and additions shown with double underlining): CHAPTER 6 -7. VICIOUS, AGGRESSIVE, OR AND DESTRUCTIVE ANIMALS AND BITING ANIMALS 6 -7 -1 Keeping vicious , aggressive, or destructive animals prohibited; exceptions; classification A. It is unlawful for any person to keep, control, harbor or otherwise have under control any animal which is vicious, aggressive, or destructive. B. This section does not apply to zoos, wild animal parks or animal shelters . , or C. This section does not apply to persons who are in compliance wit h an order of the town magistrate issued pursuant to this title or an order issued by another jurisdiction. D. Violation of this section is a class 1 misdemeanor. 6 -7 -2 Evaluation of animals A. Whenever the town enforcement agent has reason to believe an animal is vicious, aggressive, or destructive, the town enforcement agent may conduct an evaluation of the animal, whether the animal is impounded or not. Regular Council Meeting 04/06/2021 Page 133 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 20 21-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Marana Ordinance No. 2021.005 00074945.DOC /3 5 B. The town enforcement agent shall develop guidelines to determine if an animal is vicious, aggressive, or destructive. C. If the town enforcement agent finds that an animal is vicious, the provisions of chapter 6 -8 regarding impoundment shall apply. D. If the town enforcement agent finds than an animal is aggressive or destructive, the provisions of chapter 6 -8 regarding impoundment may apply. An aggressive or destructive animal may remain at the home with the consent of and in a manner prescribed by the town enforcement agent, if: 1. The town enforcement agent finds confinement at the home is not a contributing fac tor; and 2. The owner of the animal signs a temporary confinement order promising to keep the animal confined at the home pending the disposition of all legal proceedings. 6 -7 -3 Declaring an animal vicious, aggressive or destructive Following an investigation and/or evaluation, the town enforcement agent may declare that an animal is vicious, aggressive, or destructive if the town enforcement agent has probable cause to believe that the animal is a vicious animal, aggressive animal, or destructive animal. 6 -7 -4 Notice to owner regarding declaration of animal as vicious, aggressive or destructive; stipulation A. If the owner is known, and unless the owner signs a statement permanently relinquishing ownership of the animal to the town enforcement agent, the owner shall be provided with a written notice of the vicious, aggressive or destructive animal declaration by one or more of the following means: 1. Personal service of the notice on the owner. 2. Leaving a copy of the notice with a person of suitable discretion at the owner’s residence or place of business. 3. Affixing the notice in a conspicuous place where the animal was found. 4. Mailing a copy of the notice to the owner’s last -known address by registered or certified mail, return receipt requested. B. The notice required by this section shall contain, at a minimum, the following information: 1. The town’s intent to file, within ten days of the owner’s receipt of the written notice, a written request with the town magistrate for a Regular Council Meeting 04/06/2021 Page 134 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 20 21-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Marana Ordinance No. 2021.005 00074945.DOC /3 6 hearing to determine if the animal should be de clared vicious, aggressive or destructive by the town magistrate. 2. The owner’s right to present witnesses and be represented by an attorney at the hearing. C. If the town and the owner agree that the animal should be declared vicious, aggressive, or destructive, the town attorney or designee may file a stipulation signed by the owner with the town magistrate requesting the town magistrate order the animal to be declared vicious, aggressive or destructive and imposing conditions as set forth in section 6 -7 -5(C) that are necessary to protect the public. 6 -7 -5 Hearing regarding declaration; findings after court hearing; rules of hearing; costs A. Upon receipt of a written request for a hearing to determine if the animal should be declared vicious, aggressive, or de structive, the court shall set a hearing within 15 business days. B. If the town magistrate finds from clear and convincing evidence that the animal is vicious or aggressive or destructive, then the town magistrate shall enter orders taking into account the recommendations of the town enforcement agent and the animal’s owner. C. Upon a finding that an animal shall be declared vicious, aggressive or destructive, the magistrate may enter such orders as the magistrate deems necessary to protect the public, includin g one or more of the following: 1. That the animal be kept in an enclosure that is secure enough that the animal cannot bite, harm or injure anyone outside the enclosure, and cannot escape, as follows: a. The court shall determine the appropriate fencing requirements for the size and nature of the animal. The court may require a fence, including gates to be six feet in height; a fence five to six feet in height to incline to the inside of the confinement area at a 45 degree angle from the vertical; or that the confinement area be wholly covered by a material strong enough to keep the animal from escaping. b. The court may require the bottom of the confinement area to be of concrete, cement or asphalt, or of blocks or bricks set in concrete or cement; or if the bottom is not provided, then a footing of such material shall be placed along the whole perimeter of the confinement area to a depth of one foot below ground level, or deeper if required by the court. Regular Council Meeting 04/06/2021 Page 135 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 20 21-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Marana Ordinance No. 2021.005 00074945.DOC /3 7 c. The court may require the gates to the confinement area to be locked at all times with a padlock except while entering or exiting. 2. That the animal be muzzled and restrained whenever the animal is outside its enclosure with a leash, chain, rope or similar device not more than six feet in length sufficient t o restrain the animal, and under the control of a person capable of preventing the animal from engaging in any prohibited behavior. 3. That the owner of the vicious, aggressive or destructive animal display on every gate or entry way to the enclosure where th e animal is kept a sign that reasonably cautions the public that the animal is vicious, aggressive, or destructive. 4. That the owner maintain liability insurance in a single incident amount as determined by the court for bodily injury or death of any person or for damage to property caused by the vicious, aggressive, or destructive animal. 5. That the animal’s owner microchip the animal with an identification number. The town enforcement agent shall maintain a registry of the numbers and the owners of the animals. 6. That the animal be spayed or neutered at the owner’s expense. 7. That the animal be defanged or declawed. 8. That the animal be banished from the town limits, after first being spayed or neutered, and microchipped by a licensed veterinarian at the owner’s expense. 9. That the animal be forfeited to the town enforcement agent for transfer to a legally incorporated humane society or other nonprofit corporate animal-welfare organization devoted to the welfare, protection and humane treatment of animals, as described in section 6 -8-13. 10. That the animal be humanely destroyed. D. The rules for the hearing shall be the same as those set forth in section 6 - 8-8. E. This chapter shall not be construed as precluding the destruction of any animal if destruction is otherwise au thorized by law, nor shall anything in this chapter be construed as precluding the spaying or neutering of any animal. If any provision of this chapter is in conflict with any other provisions of this code, the provisions of this chapter shall be controlli ng. 6 -7 -26 Prohibited acts; classification; defenses; findings and orders Regular Council Meeting 04/06/2021 Page 136 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 20 21-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Marana Ordinance No. 2021.005 00074945.DOC /3 8 A. The owner of any animal that is a vicious animal, aggressive animal, or destructive animal that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals is guilty of a class 1 misdemeanor. B. The owner of any animal that is at large and unvaccinated that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals is guilty of a class 1 misdeme anor. C. The owner of any animal that is a vicious animal, aggressive animal, or destructive animal that destroys, damages, or causes damage to the property of another person is guilty of a class 1 misdemeanor. D. The owner of any animal that bites causing s erious physical injury as defined in A.R.S. §13 -105(39) to a human being is guilty of a class 1 misdemeanor. E. It shall be an affirmative defense to the provisions of this section if the animal is: 1. Not at large and there is provocation; or 2. The dog is a police dog under the command of its trainer. F. Upon conviction of a violation of this section, in addition to any other penalty or order imposed by the magistrate, the magistrate may find that the animal is vicious, aggressive, or destructive, or is a danger to the safety of any person or other animal, and may enter such orders as the magistrate deems necessary to protect the public, as set forth in section 6 - 8-7 6 -7 -5(C). 6 -7 -37 Restitution In addition to any other penalty, if a victim suffers economic loss as a result of a violation of this chaptersection 6 -7 -6, the court shall order the owner to pay restitution to the victim, in the full amount of the victim’s economic loss, as determined by the court. This remedy shall not abridge any civil cause of action by the victim. 6 -7 -8 Vicious, aggressive, or destructive animals; consent to inspection; inspection; order of compliance; seizure A. By continuing to own an animal declared vicious, aggressive, or destructive, an owner gives consent to any town enforcement a gent to inspect the animal declared vicious, aggressive, or destructive and the premises where the animal is kept. B. Upon inspection, the town enforcement agent may seize and impound the animal if the owner has failed to comply with the town magistrate’s order on disposition of the animal. Regular Council Meeting 04/06/2021 Page 137 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 20 21-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Marana Ordinance No. 2021.005 00074945.DOC /3 9 C. If the owner of the animal has not demonstrated compliance with the town magistrate’s order within five days after the seizure of the animal, the town enforcement agent may humanely destroy the animal. D. Any action taken under this section shall be in addition to any available criminal penalties. 6 -7 -9 Vicious, aggressive, or destructive animals; required acts and unlawful activities; classification A. An owner or any other person having control of an animal declared vicious, aggressive, or destructive shall not fail to comply with an order of the town magistrate regarding the animal. B. An owner of an animal declared vicious, aggressive, or destructive shall not sell, give away, abandon or otherwise dispose of the animal without notifying the town enforcement agent in writing in advance. Additionally, the owner shall notify the town in advance of leaving the jurisdiction with the animal. C. An owner of an animal declared vicious, aggressive, or destructive shall provide proof of liability insurance and a veterinarian’s certificate of spaying or neutering to the town enforcement agent upon demand, when applicable. D. No person shall prevent or attempt to prevent inspection of an animal declared vicious, aggressive, or destructive or the p remises where the animal is kept. E. When the owner of an animal is notified that the town enforcement agent is evaluating an animal or wants to evaluate an animal to determine if the animal is vicious, aggressive, or destructive, the owner of the animal sha ll present the animal for inspection within 24 hours of a request by the town enforcement agent. The owner shall not sell, give away, hide or otherwise prevent the town enforcement agent from making an evaluation of the animal. F. Violation of this section is a class 1 misdemeanor. 6 -7 -410 Quarantine of biting animals; reporting; handling and destruction; exception; classification A. Any unvaccinated dog or cat that bites any person shall be confined and quarantined in a shelter approved by the town enforcement a gent or, upon request of and at the expense of the owner, at a veterinary hospital, for a period of not less than ten days, except that an unvaccinated cat that bites a member of the cat owner’s household may be quarantined at the home of the owner, or where the cat is harbored or maintained, with the consent of and in a manner prescribed by the town enforcement agent. Regular Council Meeting 04/06/2021 Page 138 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 20 21-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Marana Ordinance No. 2021.005 00074945.DOC /3 10 B. If a dog that bites any person is properly vaccinated pursuant to chapter 6-3, the dog may be confined and quarantined for the ten -day period at the home of the dog’s owner or wherever the dog is harbored and maintained with the consent of and in a manner prescribed by the town enforcement agent. C. Any domestic animal other than a dog, a cat, or livestock that bites any person shall be confined and quarantined in a shelter approved by the town enforcement agent or, upon the request of and at the expense of the owner, at a veterinary hospital, for a period of not less than 14 days. D. A caged or pet rodent or rabbit that bites a person may be confine d and quarantined for the 14 -day period at the home of the owner or where it is harbored or maintained with the consent of and in a manner prescribed by the town enforcement agent. E. Livestock that bites any person shall be confined and quarantined in a manner regulated by the Arizona department of agriculture for a period of not less than 14 days. F. Whenever an animal bites any person, the incident shall be reported to the town enforcement agent immediately by any person having direct knowledge. G. The town enforcement agent may destroy any animal confined and quarantined pursuant to this section prior to the termination of the minimum confinement period for laboratory examination for rabies if: 1. The animal shows clear clinical signs of rabies; and 2. One of the following occurs: 3. The owner of the animal consents to its destruction; or 4. A court orders the animal’s destruction. H. The owner of any animal confined and quarantined pursuant to this section shall be responsible for any fees incurred by the town enforcement agent for the impounding, sheltering, and disposition of the animal. I. Any animal quarantined pursuant to this section may be impounded and kept beyond the quarantine period pending the resolution of any criminal complaint or any hearing requested pursuant to se ction 6-8 -66 -7-5 arising out of or connected with the biting incident, provided that such complaint or request for hearing is filed within 3010 days of the biting incident. J. This section does not apply to a police dog that bites any person if the bite occurs while the dog is under proper law enforcement supervision and the care of a licensed veterinarian, except that the law enforcement Regular Council Meeting 04/06/2021 Page 139 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 20 21-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Marana Ordinance No. 2021.005 00074945.DOC /3 11 agency shall notify the town enforcement agent if the dog exhibits any abnormal behavior and shall make the dog available f or examination at any reasonable time. K. Failure to comply with this section is a class 1 misdemeanor. 6 -7 -5 Evaluation of animals A. Whenever the town enforcement agent has reason to believe an animal is vicious or destructive, or may be a danger to the s afety of any person or other animal, the town enforcement agent may conduct an evaluation of the animal, whether the animal is impounded or not. B. The town enforcement agent shall develop guidelines to determine if an animal is vicious or destructive. C. If the town enforcement agent finds that an animal is vicious or destructive after evaluation, the provisions of chapter 6 -8 regarding impoundment and disposition of vicious or destructive animals shall apply. 6 -7 -611 Duty to report animal’s status; effect A. Any person keeping, controlling, harboring, or otherwise having under control any animal that has been found to be vicious, aggressive, destructive or dangerous by another jurisdiction, shall report the animal’s status to the town enforcement agent w ithin ten days of the animal’s relocation to the town. B. The animal shall be subject to all provisions set forth in chapter s 6 -7 and 6-8 governing vicious, aggressive, or destructive animals as though the animal had been declared vicious, aggressive, or destructive by the town. C. Failure to comply with this section is a class 1 misdemeanor SECTION 7. Chapter 6-8 of the Marana Town Code is hereby revised as fo llows (with deletions shown with strikeouts and additions shown with double underlining): CHAPTER 6 -8. REMOVAL, IMPOUNDMENT, FORFEITURE AND DISPOSITION OF ANIMALS [Sections 6 -8-1 and 6 -8 -2 remain unchanged] 6 -8 -3 Impoundment of animals subject to cruelty or neglect and vicious or destructive animals; evaluation Any town enforcement agent is authorized and empowered to remove and impound any animal in plain view, or subject to a valid search warrant, if the agent has probable cause to believe any of the following: Regular Council Meeting 04/06/2021 Page 140 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 20 21-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Marana Ordinance No. 2021.005 00074945.DOC /3 12 A. That an animal is in distress caused by mistreatment, tie out, exposure to the elements, extremes of temperature, lack of adequate ventilation or drainage, lack of sanitation, deprivation of proper food or potable water, restraint, restriction of movement, confinement, lack of sufficient exercise space, constrictive gear, injury, illness, ph ysical impairment, hoarding conditions as described in section 6 -6-5, or parasites. B. That an animal’s well-being is threatened by a dangerous condition or circumstance and the agent has reason to believe either: 1. That the distress of the animal or the dan gerous condition or circumstance was caused or allowed to be caused by the willful act or omission or negligence of the owner; or 2. That it is likely the animal would be in distress from any cause, or its well-being would be threatened by any dangerous condition or circumstance if the owner retains ownership of the animal. C. That an animal is vicious or destructive or may be a danger to the safety of any person or other animal. 6 -8 -4 Impoundment of vicious, aggressive or destructive animals D. Whenever the Any town enforcement agent removesis authorized and impounds an animal based on empowered to remove and impound any animal in plain view, or subject to a valid search warrant, if the agent has probable cause to believe that the an animal is vicious, ,aggressive, or destructive or may be a danger to the safety of any person or other animal, the town enforcement agent shall conduct an evaluation of the animal to determine if it is vicious or destructive. 1. If the town enforcement agent finds that the anim al is not vicious or destructive, the town enforcement agent shall release the animal to its owner. A finding that an animal is not vicious or destructive does not preclude other enforcement action on the same facts, including a criminal prosecution of the owner. 2. If the town enforcement agent finds that the animal is vicious or destructive, the provisions of this chapter regarding impoundment and disposition of vicious or destructive animals shall apply. 6 -8 -45 Notice to owner regarding impoundment A. Whenever the town removes or impounds any animal pursuant to section 6 -8-3 or 6-8-4, if the owner is known, and unless the owner signs a statement permanently relinquishing ownership of the animal to the town enforcement agent, the owner written notice shall be provided with a written notice of the impoundment by one or more of the following means: Regular Council Meeting 04/06/2021 Page 141 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 20 21-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Marana Ordinance No. 2021.005 00074945.DOC /3 13 1. Personal service of the notice on the owner. 2. Leaving a copy of the notice with a person of suitable discretion at the owner’s residence or plac e of business. 3. Affixing the notice in a conspicuous place where the animal was found. 4. Mailing a copy of the notice to the owner’s last -known address by registered or certified mail, return receipt requested. B. The notice required by this sec tion shall contain, at a minimum, the following information: 1. The town’s intent to file, within ten days of the owner’s receipt of the written notice, a written request with the town magistrate for a hearing to determine if the animal should be return ed to the owner or forfeited to the town enforcement agent. 2. The owner’s right to present witnesses and be represented by an attorney at the hearing. 3. The bond amount required pursuant to section 6 -8 -5 6, along with a statement that if the bond is not posted within ten days of the owner’s receipt of the written notice, the animal shall be deemed forfeited to the town enforcement agent. 6 -8 -56 Bond Whenever the town removes or impounds any animal pursuant to section 6 -8 -3 or 6-8-4 pending a hearing to determine if the animal should be returned to the owner or forfeited to the town enforcement agent, the owner must post 20 days of impoundment fees in advance as a bond to defray some of the costs of boarding and impoundment, and any necessary veterinar y care for the animal. 6 -8 -67 Hearing; rules of hearing; remedies; testimony of defendant; appeal; costs A. Upon receipt of a written request for a hearing regarding an animal impounded pursuant to section 6 -8 -3 or 6 -8 -4, the court shall set a hearing within 15 business days. 6 -8 -8 Rules of hearing; remedies; testimony of defendant; appeal B. A. The hearing shall be held in an informal manner and is open to the public. Oral and documentary evidence may be taken from any interested party or witness and considered in making a determination. The rules of evidence do not apply, and hearsay is admissible. C. B. Any owner who fails to appear after notice may be deemed to have waived any right to introduce evidence. D. C. The town enforcement agent may be represented by the town attorney or designee. Regular Council Meeting 04/06/2021 Page 142 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 20 21-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Marana Ordinance No. 2021.005 00074945.DOC /3 14 E. D. The owner may be represented by counsel at the animal owner’s cost. F. E. Use of the civil procedures and remedies provided for in this chapter shall neither require nor preclude other enforceme nt action on the same facts, including a criminal prosecution of the owner. The civil procedures and remedies provided for in this chapter are remedial and not punitive, and are not precluded by an acquittal or conviction in a criminal proceeding. G. F. This chapter shall not be construed as precluding the destruction of any animal if destruction is otherwise authorized by law, nor shall anything in this chapter be construed as precluding the spaying or neutering of any animal. If any provision of this c hapter is in conflict with any other provisions of this code, the provisions of this chapter shall be controlling. H. G. If a defendant testifies at a hearing held pursuant to this section, the defendant does not, by so testifying, waive the right to re main silent during the trial; and if the defendant does testify at the hearing, neither this fact nor the defendant’s testimony at the hearing shall be mentioned at the trial unless the defendant testifies at the trial concerning the same matters. I. H. Appeal of the decision of the town magistrate shall be by way of special action to the superior court on the record of the hearing. The appealing party shall bear the cost of preparing the record of the hearing on appeal. No appeal shall be taken later th an 10 days after the town magistrate’s decision. If forfeiture is ordered, the town magistrate may order Tthe owner must to post a bond equivalent to 60 days of impoundment costs in order to perfect the appeal. Notice of the amount due shall be given to th e owner by the town magistrate at the time of the hearing if forfeiture is ordered. J. Unless good cause is shown, the animal’s owner shall be responsible for all fees associated with the impoundment of an animal pursuant to section 6 -8 -3, including with out limitation veterinary, removal, impoundment, boarding, microchipping, and disposition fees, until a final decision by the town magistrate, including the pendency of an appeal. No magistrate may waive or reduce any veterinary, impound or board fees resulting from the animal’s impoundment unless the owner prevails at the hearing. 6 -8 -79 Findings of court after hearing A. If the town magistrate finds from a preponderance of the evidence that the animal was subject to cruelty or neglect under the circums tances set forth in section 6 -8 -3 (A) or (B), the town magistrate shall order the animal forfeited to the town enforcement agent. Regular Council Meeting 04/06/2021 Page 143 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 20 21-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Marana Ordinance No. 2021.005 00074945.DOC /3 15 B. If the town magistrate finds from clear and convincing evidence that the animal is vicious or destructive, or is a danger to the safety of any person or other animal, then the town magistrate shall enter such orders as the magistrate deems necessary to protect the public, taking into account the recommendations of the town enforcement agent and the animal’s owner. animal is impounded to determine if the animal is vicious, aggressive, or destructive, the town magistrate shall make a finding in accordance with section 6-7-5(B). C. Unless good cause is shown, the animal’s owner shall be responsible for all fees associated with the impoundment of an animal pursuant to sections 6 -8-3 and 6 -8 -4, including without limitation veterinary, removal, impoundment, boarding, microchipping, and disposition fees, until a final decision by the town magistrate, including the pendency of an a ppeal. No magistrate may waive or reduce any veterinary, impound or board fees resulting from the animal’s impoundment unless the owner prevails at the hearing. In addition to any other penalty or order, if the town magistrate finds that the animal is vic ious or destructive, or is a danger to the safety of any person or other animal, the court shall order one or more of the following: 1. That the animal be kept in an enclosure that is secure enough that the animal cannot bite, harm or injure anyone ou tside the enclosure, and cannot escape, as follows: a. The court shall determine the appropriate fencing requirements for the size and nature of the animal. The court may require a fence, including gates to be six feet in height; a fence five to six feet in height to incline to the inside of the confinement area at a 45 degree angle from the vertical; or that the confinement area be wholly covered by a material strong enough to keep the animal from escaping. b. The court may require the bott om of the confinement area to be of concrete, cement or asphalt, or of blocks or bricks set in concrete or cement; or if the bottom is not provided, then a footing of such material shall be placed along the whole perimeter of the confinement area to a dept h of one foot below ground level, or deeper if required by the court. The court may require the gates to the confinement area to be locked at all times with a padlock except while entering or exiting. 2. That the animal be muzzled and restrained whenever the animal is outside its enclosure with a leash, chain, rope or similar device not more than six feet in length sufficient to restrain the animal, Regular Council Meeting 04/06/2021 Page 144 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 20 21-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Marana Ordinance No. 2021.005 00074945.DOC /3 16 and under the control of a person capable of preventing the animal from engaging in any prohibited behavior. 3. That the owner of the vicious animal display on every gate or entry way to the enclosure where the animal is kept a sign in three-inch letters, easily readable by the public, using the words “Vicious Animal.” 4. That the owner maint ain liability insurance in a single incident amount of at least $250,000 for bodily injury or death of any person or for damage to property caused by the vicious animal. 5. That the animal’s owner pay the reasonable cost to the town enforcement agent to microchip the animal with an identification number. The town enforcement agent shall maintain a registry of the numbers and the owners of the animals. 6. That the animal be spayed or neutered at the owner’s expense. 7. That the animal be defan ged or declawed. 8. That the animal be banished from the town limits, after first being spayed or neutered, and microchipped by a licensed veterinarian at the owner’s expense. 9. That the animal be forfeited to the town enforcement agent for transfer to a legally incorporated humane society or other nonprofit corporate animal-welfare organization devoted to the welfare, protection and humane treatment of animals, as described in section 6 -8-10. 10. That the animal be humanely destroyed. D. If the owner fails to appear at the hearing, the town magistrate shall order the animal forfeited to the town enforcement agent. 6 -8 -8 Vicious or destructive animals; consent to inspection; inspection; order of compliance; seizure A. By continuing to own an animal declared vicious or destructive, an owner gives consent to any town enforcement agent to inspect the animal declared vicious or destructive and the premises where the animal is kept. B. Upon inspection, the town enforcement agent may seize and impound the animal if the owner has failed to comply with the town magistrate’s order on disposition of the animal. C. If the owner of the animal has not demonstrated compliance with the town magistrate’s order within five days after the seizure of the animal, the town enforcement agent may humanely destroy the animal. Regular Council Meeting 04/06/2021 Page 145 of 156 EXHIBIT A TO MARANA RESOLUTION NO. 20 21-044 Revisions to Marana Town Code, Title 6 “Animal Control” pursuant to Marana Ordinance No. 2021.005 00074945.DOC /3 17 D. If the owner of the animal demonstrates proof of compliance with the town magistrate’s order, then the animal will be returned to the owner after payment of impound fees and any othe r applicable fees. E. Any action taken under this section shall be in addition to any available criminal penalties. 6 -8 -9 Vicious or destructive animals; required acts and unlawful activities; classification A. An owner or any other person having contr ol of an animal declared vicious or destructive shall not fail to comply with an order of the town magistrate regarding the animal. B. An owner of an animal declared vicious or destructive shall not sell, give away, abandon or otherwise dispose of the an imal without notifying the town enforcement agent in writing in advance. C. An owner of an animal declared vicious or destructive shall provide proof of liability insurance and a veterinarian’s certificate of spaying or neutering to the town enforcement agent upon demand, when applicable. D. No person shall prevent or attempt to prevent inspection of an animal declared vicious or destructive or the premises where the animal is kept. E. When the owner of an animal is notified that the town enforcement agent is evaluating an animal or wants to evaluate an animal to determine if the animal is vicious or destructive, the owner of the animal shall present the animal for inspection within 24 hours of a request by the town enforcement agent. The owner shall n ot sell, give away, hide or otherwise prevent the town enforcement agent from making an evaluation of the animal. F. Violation of this section is a class 1 misdemeanor . 6 -8 -10 Duty to produce; exemption; classification A. An owner of an animal charged w ith a violation of chapter 6 -6 or chapter 6-7, or of an animal quarantined pursuant to section 6 -7 -4 10, shall produce that animal for inspection or impoundment upon the request of any town enforcement agent. B. This section shall not apply where the violation in question occurred when the animal bit a member of the owner’s household. C. Violation of this section is a class 1 misdemeanor. [Sections 6 -8-11 through 6 -8-13 remain unchanged] Regular Council Meeting 04/06/2021 Page 146 of 156    Council-Regular Meeting   A4        Meeting Date:04/06/2021   To:Mayor and Council From:Jane Fairall, Town Attorney Date:April 6, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-045: Relating to Development; approving and authorizing the Mayor to execute an Acquisition Agreement & Administrative Settlement and the Town Engineer to execute all other documentation necessary for the purchase of property rights needed from the Twin Peaks Homeowners' Association for Scenic Drive improvements required pursuant to the Lazy K Bar Ranch Development Agreement (Jane Fairall) Discussion: On May 16, 2017, the Town Council approved the Lazy K Bar Ranch Development Agreement (DA). Exhibit D, paragraph 3 of the Lazy K DA requires the developer to construct “a four-foot stabilized decomposed granite natural path meandering along the east side of Scenic Drive from Pima Farms Road to Silverbell Road….” Paragraph 8 of Exhibit D requires the Town to acquire any additional right-of-way needed to complete the project. The Town determined that an 8-foot strip of property on the east side of Scenic Drive, just south of Twin Peaks Road, was needed in order to complete the path. The property in question is owned by the Twin Peaks Homeowners' Association (HOA). The Town's real property consultant contacted the HOA and negotiated the attached acquisition agreement and administrative settlement, allowing the Town to acquire the property in fee for the acquisition amount of $800, plus closing costs.   Financial Impact: Fiscal Year:2021 Budgeted Y/N:Y Regular Council Meeting 04/06/2021 Page 147 of 156 Amount:$1,800 This acquisition will be funded from the CIP Operating budget in 10043000-8005 for Land Acquisition. Staff Recommendation: Staff recommends approval of the acquisition agreement and administrative settlement. Suggested Motion: I move to adopt Resolution No. 2021-045, approving and authorizing the Mayor to execute an Acquisition Agreement & Administrative Settlement and the Town Engineer to execute all other documentation necessary for the purchase of property rights needed from the Twin Peaks Homeowners' Association for Scenic Drive improvements required pursuant to the Lazy K Bar Ranch Development Agreement. Attachments Resolution 2021-045 Exhibit A to Resolution - Acquisition Agreement Regular Council Meeting 04/06/2021 Page 148 of 156 Resolution No. 2021-045 MARANA RESOLUTION NO. 2021-045 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN ACQUISITION AGREEMENT & ADMINISTRATIVE SETTLEMENT AND THE TOWN ENGINEE R TO EXECUTE ALL OTHER DOCUMENTATION NECESSARY FOR THE PURCHASE OF PROPERTY R IGHTS NEEDED FROM THE TWIN PEAKS HOMEOWNERS' ASSOCIATION FOR SCENIC DRIVE IMPROVEMENTS REQUIRED PURSUANT TO T HE LAZY K BAR RANCH DEVELOPMENT AGREEMENT WHEREAS, on May 16, 2017, the Town Council adopted Ordinance No. 2017.013, approving the Lazy K Bar Ranch Development Agreement (the “Lazy K DA”); and WHEREAS the Lazy K DA requires the develope r to construct a four-foot stabilized decomposed granite natural path meandering along the east side of Scenic Drive from Pima Farms Road to Silverbell Road , and requires the Town to acquire any additional right-of-way needed to complete the project ; and WHEREAS the Town needs to acquire an 8-foot strip of property on the east side of Scenic Drive, just south of Twin Peaks Road, to complete the path (the “Needed Property”); and WHEREAS Town staff has negotiated an Acquisition Agreement & Administrative Settlement with Twin Peaks Homeowners' Association for acquisition of the Needed Property; and WHEREAS the Mayor and Council of the Town of Marana find that the acquisition or condemnation of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing the Mayor to execute the Acquisition Agreement & Administrative Settlement in substantially the form attached to and incorporated in this resolution as Exhibit A, and authorizing the Town Engineer to execute all other documentation necessary for the purchase of the Needed Property from Twin Peaks Homeowners' Association for the Scenic Drive improvements . Regular Council Meeting 04/06/2021 Page 149 of 156 Resolution No. 2021-045 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of April , 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 04/06/2021 Page 150 of 156 Regular Council Meeting 04/06/2021 Page 151 of 156 Regular Council Meeting 04/06/2021 Page 152 of 156 Regular Council Meeting 04/06/2021 Page 153 of 156 Regular Council Meeting 04/06/2021 Page 154 of 156 Regular Council Meeting 04/06/2021 Page 155 of 156 Regular Council Meeting 04/06/2021 Page 156 of 156