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Regular Council Meeting Agenda Packet 8-3-2021
MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 3, 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 August 3, 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 Marana Town Council Regular Meeting 08/03/2021 Page 1 of 402 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.Marana Town Council Regular Meeting 08/03/2021 Page 2 of 402 future agenda. PROCLAMATIONS P1 Proclamation recognizing August 2021 as, “Child Support Awareness Month” (Cherry L. Lawson) P2 Proclamation recognizing August 2021 as, “Drowning Impact Awareness Month” (Cherry L. Lawson) P3 Proclamation recognizing August 7, 2021, as “National Purple Heart Day” (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. 2021-102: Relating to Development; approving a final plat for Cortaro Ranch Phase II Lots 6A and 6B located north of Cortaro Farms Road and west of Cerius Stravenue (Brian D. Varney) C2 Resolution No. 2021-103: Relating to Development; approving a Release of Assurances for The Preserve at Twin Peaks subdivision and accepting public improvements for maintenance (Jason Angell) C3 Resolution No. 2021-104: Relating to Development; approving a final plat for Gladden Farms Block 33 Lots 1-119 & Common Areas “A-1”-“A-4” & “B-1”-“B-4”, located generally on the north side of West Mike Etter Boulevard and south of West Moore Road (Anita McNamara) C4 Resolution No. 2021-105: Relating to Development; approving the amended Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts (Yiannis Kalaitzidis) Marana Town Council Regular Meeting 08/03/2021 Page 3 of 402 C5 Resolution 2021-106: Relating to Utilities; approving and authorizing the Town Manager to sign Amendment No. 1 to Contract No. 2020-3123 with the Arizona Department of Water Resources to amend the schedule of deliverables over the three-year contract term (Amanda Jones) C6 Resolution No. 2021-107: Relating to Marana Regional Airport; approving and authorizing the Town Manager to sign the "FAA Airport Improvement Program (AIP) Grant Agreement," FY2021 AIP Grant Number 3-04-0058-024-2021, with the Federal Aviation Administration for funding in an amount not to exceed $192,368 for the Air Traffic Control Tower project (Kristin Taft) C7 Resolution No. 2021-108: Relating to the Police Department; approving and authorizing the Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson (COT) and the Town of Marana to receive funding under COT Grant Number HT-21-2930 (Kristin Taft) C8 Resolution No. 2021-109: Relating to Administration; authorizing the transfer of ownership of a 2011 Ford Crown Victoria to the City of Nogales (Jane Fairall) C9 Resolution No. 2021-110: Relating to Personnel; approving and adopting amendments to the Town's Personnel Polices and Procedures, revising Chapter 6 - Performance Management and Employee Development by amending section 6-2-5 (A) "Criteria for Approval" (Curry C. Hale) C10 Approval of the Regular Council Meeting Summary Minutes of June 15, 2021, the Special Council Meeting Summary Minutes of June 15, 2021, and the June 22, 2021 Council Study Session Meeting Summary Minutes (Cherry L. Lawson) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License submitted by Andrea Dahlman Lewkowitz on behalf of Speedway #2945, located at 12030 North Dove Mountain Boulevard, Marana, Arizona 85658 (Cherry L. Lawson) L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Marana Town Council Regular Meeting 08/03/2021 Page 4 of 402 L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License submitted by Andrea Dahlman Lewkowitz on behalf of Speedway #2985, located at 7810 North Silverbell Road, Tucson, Arizona 85743 (Cherry L. Lawson) L3 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License submitted by Andrea Dahlman Lewkowitz on behalf of Speedway #2992, located at 4180 West Ina Road, Tucson, Arizona 85741 (Cherry L. Lawson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 PUBLIC HEARING: Ordinance No. 2021.011: Relating to Development, approving a rezoning of approximately 38 acres of land located east of Twin Peaks Road, south of Tangerine Road, and west of Camino de Manana from R-36 (Residential) to R-7 (Residential) (Brian D. Varney) A2 PUBLIC HEARING: Resolution No. 2021-111: Relating to Utilities; designating the Lon Adams Sewer a protected facility and adopting the Lon Adams Sewer protected facility charges (David L. Udall) A3 PUBLIC HEARING: Ordinance No. 2021.012: Relating to Development; approving a modification of a rezoning condition of Marana Ordinance No. 2011.19, which created the Rancho Palomitas Specific Plan, to allow the developer to contribute funding to the Town for design and construction of turn lanes on Tangerine Road in lieu of the developer designing and constructing the turn lanes (Jane Fairall) A4 Resolution No. 2021-112: Relating to Marana Regional Airport; approving and authorizing the Mayor to execute the Second Amendment to First Amended FBO Lease Agreement with Pima Aviation, Inc. for the lease of real property located at the Marana Regional Airport, 11700 West Avra Valley Road (Jane Fairall) A5 Resolution No. 2021-113: Relating to Elections; prescribing standards of financial disclosure for local elected officials as required by A.R.S. § 38-545; and rescinding Marana Resolution No. 77-2 (David Udall) ITEMS FOR DISCUSSION / POSSIBLE ACTION Marana Town Council Regular Meeting 08/03/2021 Page 5 of 402 D1 Resolution No. 2021-114: Relating to Municipal Court, reappointing Laine McDonald as Marana Town Magistrate for a two-year term beginning October 1, 2021; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Laine McDonald (Jane Fairall) D2 Resolution No. 2021-115: Relating to Municipal Court; ratifying the temporary appointment and approving the appointment of Michael Pollard, approving the appointment of David Deibel, and approving the reappointment of Frank Anjakos, Maria Felix, and Ronald Newman as magistrates pro tempore for the Marana Municipal Court (Laine McDonald) D3 Resolution No. 2021-116: Relating to Municipal Court; approving the appointment of Ramona Silence and the reappointment of Dixie DeBonis and Kimberly Epling as civil traffic violation hearing officers for the Marana Municipal Court (Laine McDonald) D4 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town’s Marana Current and Proposed Projects internet site (Jason Angell) D5 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). E2 Executive Session pursuant to A.R.S. §38-431.03 (A)(1) to discuss the employment of Town Magistrate Laine McDonald, including discussion of the terms of the Town Magistrate’s Employment Agreement. FUTURE AGENDA ITEMS Marana Town Council Regular Meeting 08/03/2021 Page 6 of 402 FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Marana Town Council Regular Meeting 08/03/2021 Page 7 of 402 Council-Regular Meeting P1 Meeting Date:08/03/2021 From:Cherry L. Lawson, Town Clerk Date:August 3, 2021 Subject:Proclamation recognizing August 2021 as, “Child Support Awareness Month” (Cherry L. Lawson) Attachments Proclamation recognizing August 2021 as Child Support Awareness Month Marana Town Council Regular Meeting 08/03/2021 Page 8 of 402 PROCLAMATION Recognizing August 2021 as, “Child Support Awareness Month ” WHEREAS, the Town of Marana joins the Nation in recognizing August as Child Support Awareness Month, and reaffirms its commitment to strengthening Arizona’s families by providing child support services to improve the economic stability and well -being of children; and WHEREAS, the State of Arizona will always be committed advocates for our children, whose safety and security remains top of mind; and WHEREAS, a child who receives emotional and financial support is more likely to feel safe and secure and is better equipped with the courage to be their very best in life; and WHEREAS, the Department of Economic Security Division of Child Support Services (DCSS), is robustly committed to putting Arizona’s children first and to humbly serving Arizonans with excellence, respect, integrity and kindness, as well as being an overall champion for economic growth and opportunity; and WHEREAS, DCSS is a strong advocate for shared parenting responsibilities because parents and children benefit when both parents are engaged with their child at every stage, regardless of marital status; and WHEREAS, strengthening individuals and families with an emphasis on fiscal responsibility promotes the safety and well-being of children, provides stability, improves the lives of children, and provides opportunities for families to be able to enhance their ch ildren’s future; and WHEREAS, Child Support Awareness Month salutes diligent parents who spend time with their child and who make regular child support payments to safeguard their children’s future. NOW THEREFORE, the Mayor and Marana Town Council, do hereby recognize the month of Au gust 2021 as “CHILD SUPPORT AWARENESS MONTH” IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Marana, Arizona to be affixed this 3rd of August 202 1 . ATTEST: Cherry L. Lawson, Town Clerk Ed Honea, Mayor Marana Town Council Regular Meeting 08/03/2021 Page 9 of 402 Council-Regular Meeting P2 Meeting Date:08/03/2021 From:Cherry L. Lawson, Town Clerk Date:August 3, 2021 Subject:Proclamation recognizing August 2021 as, “Drowning Impact Awareness Month” (Cherry L. Lawson) Attachments Proclamation Marana Town Council Regular Meeting 08/03/2021 Page 10 of 402 PROCLAMATION Declaring August 2021 as “Drowning Impact Awareness Month” WHEREAS, Arizona’s future prosperity depends upon the long -term health, safety, and well-being of the nearly two million children and teens in our state; and WHEREAS, drowning is a top cause of injury and death for children and teens in Arizona, affecting not onl y the victims, but also families, emergency personnel, and our society as a whole; and WHEREAS, child drownings are nearly 100 percent preventable ; and WHEREAS, research-proven strategies that can save lives, including constant and capable supervision, restricting access to water, using life jackets, swimming lessons for adults and children at the appropriate age, and rapid emergency response, including CPR; and WHEREAS, awareness of the problem is just the first step; evidence -based programs to bring these strategies to families is the best way to save lives; and WHEREAS, during the month of August, the Drowning Prevention Coalition of Arizona, in collaboration with state and local governments, community organizations, and private citizens, will be engaging communities throughout Arizona in a coordin ated and comprehensive response. NOW, THEREFORE, Mayor and the Marana Town Council do hereby declare August 2021 as “Drowning Impact Awareness Month ,” and urge all communities and citizens of Arizona to participate in efforts to reduce drowning risk, strengthen families, and protect children and teens. Given under my hand in these free United States in the State of Arizona, on t he 3rd day of August 2021, and to which I have caused the Seal of the Town of Marana, to be affixed and have made this proclamation public. ATTEST: Cherry L. Lawson, Town Clerk Ed Honea, Mayor Marana Town Council Regular Meeting 08/03/2021 Page 11 of 402 Council-Regular Meeting P3 Meeting Date:08/03/2021 From:Cherry L. Lawson, Town Clerk Date:August 3, 2021 Subject:Proclamation recognizing August 7, 2021, as “National Purple Heart Day” (Cherry L. Lawson) Attachments Proclamation recognizing August 7, 2021 as, "National Purple Heart Day" Marana Town Council Regular Meeting 08/03/2021 Page 12 of 402 PROCLAMATION AUGUST 7, 2021 “NATIONAL PURPLE HEART DAY” WHEREAS, Purple Heart Day is an observance that commemorates the creation of the Purple Heart Medal in 1782. August 7 is recognized as National Purple Heart Day , a day dedicated to honoring our nations’ many military personnel heroes and service members who have made such impor tant sacrifices for our country ; and WHEREAS, the original Purple Heart designated as a Badge of Merit, was awarded by President George Washington in 1782, as there was a lack of funds in the Continental Army at the time so the award was a way to honor enlisted and deserving people. The honor is presented to soldiers for “any singularly meritorious action.” During his years, President Washington only gave out three of the badges himself; however, authorized subordinates to issue the badges as they saw fit; and WHEREAS, the Badge of Merit faded from use, but was revived and relaunched in 1932, as the Purple Heart. The relaunched badge honored those wounded in combat, as well as recognized commendable action. It was in 1944 that the policy was tweaked slightly, and the Purple Heart was given the purpose we know it for today, specifically to honor those who have been wounded or died; and WHEREAS, the first service member to be given the modern Purple Heart was General Douglas MacArthur for his service in the Pacific theater during World War II. In total, there have been 1.8 million Purple Hearts awarded over the yea rs; and WHEREAS, Purple Heart Day was first observed in 2014, and has been observed every year since. It is a chance to reflect on the bravery of those who have fought for the U.S. and to ensure that their courage is never forgotten. NOW THEREFORE , the Mayor and Marana Town Council do hereby declare August 7, 2021 as “National Purple Heart Day,” an encourages the Marana Community to remember and honor the men and women who bravely represented their country and were wounded or killed whilst serving, as well as those injured in other ways or places . Dated this 7th day of August 2021. ATTEST: Cherry L. Lawson, Town Clerk Ed Honea, Mayor Marana Town Council Regular Meeting 08/03/2021 Page 13 of 402 Council-Regular Meeting C1 Meeting Date:08/03/2021 To:Mayor and Council From:Brian Varney, Senior Planner Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-102: Relating to Development; approving a final plat for Cortaro Ranch Phase II Lots 6A and 6B located north of Cortaro Farms Road and west of Cerius Stravenue (Brian D. Varney) Discussion: History and Request On April 2, 2019, the Town Council approved the final plat for Cortaro Ranch Phase II Lots 1 through 6 and Common Areas 'A' and 'B'. In the latter part of 2019, in order to accommodate the needs of prospective tenants committed to developing within the commercial center, the property owner resubdivided Lots 4 through 6 of the subdivision. The Town Council approved the final plat for Cortaro Ranch Phase II Lots 4 through 6, on January 21, 2020. The current application by Beck Consulting Engineers, Inc., representing Cortaro Commercial JV, LLC, proposes a new final plat to resubdivide Lot 6 of Cortaro Ranch Phase II, and divide the 5.45 acre lot into two lots, 6A and 6B. Zoning The proposed plat is located within a portion of the Cortaro Ranch subdivision zoned Village Commercial (VC). Land Use The proposed plat comprises approximately 5.45 acres and proposes two commercial lots, Lot 6A being 2.65 acres and Lot 6B being 2.80 acres. Lot 6A is anticipated to be developed as a Home 2 Suites by Hilton hotel, the development plan for which was recommended for approval by the Planning Commission on August 26, 2020, and ultimately approved by the Town Council on September 15, 2020.Marana Town Council Regular Meeting 08/03/2021 Page 14 of 402 ultimately approved by the Town Council on September 15, 2020. Access and Traffic Circulation Access to the subdivision will be provided directly from Cortaro Farms Road, Cerius Stravenue, and by the future Joplin Lane. The Town will require Joplin Lane to be constructed by the property owner along the Cortaro Ranch Phase II frontage under the terms of the recently adopted Second Amendment to Cortaro Ranch Commercial Assurance and Development Agreement approved by the Town Council with the adoption of Resolution No. 2021-046 on April 20, 2021. Infrastructure and Utilities The subdivision will be served by Marana Water, Pima County Wastewater, Tucson Electric Power, and Southwest Gas. Fire service will be provided by Northwest Fire District. Staff Recommendation: Staff has reviewed the proposed final plat against the requirements of the Marana Town Code and the Marana General Plan. The proposed plat is in substantial conformance with all required development regulations, and staff recommends approval. Planning Commission Recommendation On March 31, 2021, the Planning Commission voted to recommend approval of the proposed final plat to the Town Council by a vote of 7-0. Suggested Motion: I move to adopt Resolution No. 2021-102, approving the Final Plat for Cortaro Ranch Phase II Lots 6A & 6B. Attachments Resolution 2021-102 PRV2103-004 Final Plat PRV2103-004 CRP2 6A & 6B_Location Map PRV2103-004 CRP2 6A & 6B App Marana Town Council Regular Meeting 08/03/2021 Page 15 of 402 Resolution No. 202 1-102 MARANA RESOLUTION NO. 202 1-102 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR CORT ARO RANCH PHASE II LOTS 6A AND 6B LOCATED NORTH OF COR TARO FARMS ROAD AND WEST OF CERIUS STRAVENUE WHEREAS, on September 17, 1996, the Marana Town Council adopted Resolution No. 96-81, approving a final plat for Cortaro Ranch Lots 1-297 and Common Area “A” located north of Cortaro Farms R oad and west of Hartman Lane ; and WHEREAS, on April 3, 2018, the Marana Town Council adopted Resolution No. 2018-028, approving a final plat for Cortaro Ranch Lots 293A through 294B; and WHEREAS, on April 2, 2019, the Marana Town Council adopted Resolution No. 2019-023, approving a final plat for Cortaro Ranch Phase II, Lots 1 through 6 and Common Areas “A” and “B,” further subdividing Cortaro Ranch Lots 293A through 294B; and WHEREAS, on January 21, 2020, the Marana Town Council adopted Resolution No. 2020-005, approving a final plat for Cortaro Ranch Phase II Lots 4 through 6, a subdivision of Cortaro Ranch Phase II, Lots 1 through 6; and WHEREAS Cortaro Commercial JV, LLC has applied for approval a final plat for Cortaro Ranch Phase II Lots 6A and 6B, a further subdivision of Cortaro Ranch Phase II Lots 4 through 6, located north of Cortaro Farms Road and west of Cerius Stravenue ; and WHEREAS the Marana Town Council, at the regularly scheduled meeting on August 3, 2021, determined that the Final Plat for Cortaro Ranch Phase II Lots 6A and 6B should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the Final Plat for Cortaro Ranch Phase II Lots 6A and 6B is hereby approved. Marana Town Council Regular Meeting 08/03/2021 Page 16 of 402 Resolution No. 202 1-102 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 17 of 402 N.T.STHIS PROJECT1. GROSS AREA IS 5.45 ACRES OR 237,331 SQ. FT.2. THE EXISTING ZONING FOR THIS PROJECT IS "VC" (VILLAGE COMMERCIAL) PER MARANAORDINANCE NO. 95.30 AND MARANA ORDINANCE 2019.006.3. THE TOTAL NUMBER OF LOTS IS 2.4. NO FURTHER LOT SPLITTING SHALL BE DONE WITHOUT THE WRITTEN APPROVAL OF THETOWN OF MARANA.5. APPROVAL OF THIS PLAT DOES NOT AFFIRM, CERTIFY, OR APPROVE ANY LAND DIVISIONTHAT MAY BE CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OF, ORCOMPLIANCE WITH, ANY DEED RESTRICTIONS OR EASEMENTS.6. ALL NEW AND EXISTING UTILITIES WITHIN OR CONTIGUOUS TO THE SITE SHALL BE PLACED UNDERGROUND EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 48KV ORGREATER, AND THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTUREELECTRICAL TRANSMISSION CORRIDORS.7. OBJECTS AND MATERIALS WITHIN SIGHT VISIBILITY TRIANGLES SHALL BE PLACED SO ASNOT TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO HORIZONTAL LINESLOCATED 30" AND 72" ABOVE FINISHED GRADE OF THE ROADWAY SURFACE, AND SHALLCONFORM TO THE TOWN OF MARANA SUBDIVISION STREET STANDARDS.8. THE AREA BETWEEN 100-YEAR FLOOD LIMITS REPRESENTS AN AREA THAT MAY BESUBJECT TO FLOODING FROM A 100-YEAR FREQUENCY FLOOD AND ALL LAND IN THISAREA WILL BE RESTRICTED TO USES THAT ARE COMPATIBLE WITH FLOODPLAINMANAGEMENT AS APPROVED BY THE FLOODPLAIN ADMINISTRATOR.9. THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO THE FORM, LINE,AND FUNCTION OF ALL PUBLIC AND PRIVATE ROADWAYS AND DRAINAGE STRUCTURESBEFORE THE RELEASE OF ASSURANCES.10. TOTAL MILES OF NEW PUBLIC OR PRIVATE STREETS IS 0.00.11. INSTALLATION OF ITEMS SUCH AS LANDSCAPING, IRRIGATION, SIGNAGE, MONUMENTS, WALLS AND DRAINAGE IMPROVEMENTS IN THE PUBLIC RIGHTS-OF-WAY SHALL REQUIRE A PERPETUAL LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE AND INDEMNIFICATION. THIS DOCUMENT SHALL BEEXECUTED PRIOR TO FINAL APPROVAL OF LANDSCAPE PLANS OR IMPROVEMENT PLANS ALLOWING INSTALLATION WITHIN THE PUBLIC RIGHTS-OF-WAY.12. 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.§45-576.13. BASIS OF BEARINGS IS BASED ON THE EAST-WEST MIDSECTION LINE OF SECTION 26,SAID BEARING BEING N 89°18'13" E.14. BASIS OF ELEVATIONS. NAVD88 2154.36 PER NGS DATASHEET PID CZ0534, WHICH IS AFOUND ARIZONA HIGHWAY DEPARTMENT BRASS CAP FLUSH STAMPED 2152.78 STA.297+42.10, SET IN THE TOP OF A BOX CULVERT HEADWALL ALONG THE NORTHBOUNDFRONTAGE ROAD OF INTERSTATE 10 NORTH OF CORTARO FARMS ROAD.15. PRIOR TO RECEIVING A GRADING PERMIT, A STORMWATER POLLUTION PREVENTIONPLAN (SWPPP) AND FEE WILL BE SUBMITTED TO THE TOWN FOR REVIEW.16. AN ARCHAEOLOGICAL MONITOR WILL BE PRESENT DURING GROUND-DISTURBINGACTIVITIES, PER THE CULTURAL REPORT "RESULTS OF ARCHAEOLOGICAL DATARECOVERY INVESTIGATIONS AT THE PORTION OF AZ AA: 12:285 (ASM) WITHIN THEOLSSON PARCEL, IN MARANA, PIMA COUNTY, ARIZONA," BY TIERRA RIGHT OF WAY,DATED JANUARY 15, 2016.17. THIS PLAT IS SUBJECT TO MARANA ORDINANCE 95.30 AND THE CORTARO RANCHCOMMERCIAL ASSURANCE AND DEVELOPMENT AGREEMENT RECORDED IN THE PIMACOUNTY RECORDER'S OFFICE ON SEPTEMBER 4, 2015 AT SEQUENCE 20152470219, ASMODIFIED BY THE FIRST AMENDMENT TO CORTARO RANCH COMMERCIAL ASSURANCEAND DEVELOPMENT AGREEMENT RECORDED IN THE PIMA COUNTY RECORDER'S OFFICEON MAY 4, 2018 AT SEQUENCE 20181240060 & AS MODIFIED IN THE SECONDAMENDMENT TO CORTARO RANCH COMMERCIAL ASSURANCE AND DEVELOPMENTAGREEMENT RECORDED IN THE PIMA COUNTY RECORDER'S OFFICE ON APRIL 20, 2021AT SEQUENCE 2021113102418. THE SUBDIVISION IS SUBJECT TO THE FOLLOWING SETBACKS:TYPICAL STREET:30 FEETSIDE AND REAR:20 FEETSPECIAL BUFFER ADJACENT TO RESIDENTIAL: 40 FEET19. MAXIMUM BUILDING HEIGHT:50 FEET FOR PRINCIPAL BUILDINGS30 FEET FOR ACCESSORY BUILDINGS09003088JOB NO.:SHEETOFREVIEW OF THE FEMA FLOOD INSURANCE RATE MAP 04019C1655L DATED JUNE 16,2011, REVISED TO REFLECT THE LOMR, EFFECTIVE DATE: MARCH 14, 2017, INDICATEDTHAT PROPOSED LOTS 1 THRU 4 AND A PORTION OF LOT 5 LIES WITHIN ZONE X(SHADED) FLOOD ZONE.A PORTION OF PROPOSED LOT 6 LIES WITH ZONE AO, AREAS SUBJECT TO INUNDATIONBY 1-PERCENT-ANNUAL-CHANCE SHALLOW FLOODING (USUALLY SHEET FLOW ONSLOPING TERRAIN) WHERE AVERAGE DEPTHS ARE BETWEEN ONE (1) AND THREE (3)FEET.A PORTION OF LOT 6 LIES WITH ZONE AH, AREAS SUBJECT TO1-PERCENT-ANNUAL-CHANCE SHALLOW FLOODING WHERE AVERAGE DEPTHS AREBETWEEN ONE (1) AND THREE (3) FEET.I HEREBY CERTIFY THAT THE GEOMETRIC DESIGN AND DELINEATIONS OF THEREGULATORY FLOODPLAIN LIMITS, AS SHOWN, WERE PREPARED UNDER MYSUPERVISION._________________________________________JUSTIN R. EVINGER, P.E.PROFESSIONAL ENGINEERARIZONA REGISTRATION NUMBER 47704I HEREBY CERTIFY THAT THE BOUNDARY SURVEY AS SHOWN ON THIS PLAT WASPERFORMED UNDER MY DIRECTION AND THAT ALL EXISTING AND PROPOSED SURVEYMONUMENTS AND MARKERS SHOWN ARE CORRECTLY DESCRIBED. I FURTHERCERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION.MICHAEL E. FONDREN RLS #35113 DATEBY __________________________________________________________P.E. _________________ MARANA TOWN ENGINEER/DEVELOPMENT ENGINEER DATEBY __________________________________________________________ _________________ MARANA DEVELOPMENT SERVICES DIRECTORDATEBY __________________________________________________________ _________________ PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT DATEI, ___________________________________________________, CLERK OF THE TOWN OF MARANA HEREBYCERTIFY 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 DATEA CERTIFICATE OF ASSURED WATER SUPPLY HAS BEEN RECEIVED FROM THE DIRECTOR OF WATER RESOURCES.BY __________________________________________________ ________________ MARANA WATER DIRECTOR DATEWE, THE UNDERSIGNED, HEREBY WARRANT THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY FEE TITLEINTEREST IN THE LAND SHOWN ON THIS PLAT, AND WE CONSENT TO THE SUBDIVISION OF THIS LAND IN THE MANNERSHOWN ON THIS PLAT. WE HEREBY DEDICATE TO THE TOWN OF MARANA ALL PUBLIC EASEMENTS SHOWN ON THISPLAT. UTILITY EASEMENTS AS SHOWN ON THIS PLAT ARE DEDICATED TO THE TOWN OF MARANA AND ALL PUBLICAND PRIVATE UTILITY COMPANIES FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF, AND ACCESS TO,PUBLIC AND PRIVATE UTILITIES. OTHER EASEMENTS SHOWN ON THIS PLAT ARE DEDICATED TO THE TOWN OFMARANA FOR THE PURPOSE OR PURPOSES NOTED ON THIS PLAT.WE, THE UNDERSIGNED, OUR SUCCESSORS AND ASSIGNS, DO HEREBY HOLD THE TOWN OF MARANA, ITSEMPLOYEES, OFFICERS, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS FOR DAMAGES RELATEDTO THE USE OF THESE LANDS NOW AND IN THE FUTURE BY REASON OF FLOODING, FLOWAGE, EROSION, ORDAMAGE CAUSED BY WATER, WETHER SURFACE, FLOOD, OR RAINFALL. NATURAL DRAINAGE SHALL NOT BEALTERED, DISTURBED, OR OBSTRUCTED WITHOUT THE APPROVAL OF THE TOWN OF MARANA.CORTARO COMMERCIAL JV, LLC.BY: DATESTATE OF INDIANA ) ) SSCOUNTY OF VIGO)ON THIS _______DAY OF ________, 2021, BEFORE ME, THE UNDERSIGNED PERSONALLY APPEARED,______________________________, WHO ACKNOWLEDGED HIMSELF TO BE THE AUTHORIZED REPRESENTATIVE OFCORTARO COMMERCIAL JV, LLC, AND BEING AUTHORIZED SO TO DO, EXECUTED THE FOREGOING INSTRUMENT FORAND ON BEHALF OF THE L.L.C.NOTARY PUBLICMY COMMISSION EXPIRESTO ASSURE COMPLETION OF THE REQUIRED SUBDIVISION IMPROVEMENTS, CASH HASBEEN DEPOSITED WITH THE TOWN OF MARANA PURSUANT TO ARIZONA REVISEDSTATUTES SECTION 9-463.01(C)(8), MARANA TOWN CODE SECTION 17-5-5, ANDPARAGRAPH 8 OF THE CORTARO RANCH COMMERCIAL ASSURANCE ANDDEVELOPMENT AGREEMENT RECORDED IN THE PIMA COUNTY RECORDER'S OFFICE ONSEPTEMBER 4, 2015 AT SEQUENCE 20152470219, AS MODIFIED BY THE FIRSTAMENDMENT TO CORTARO RANCH COMMERCIAL ASSURANCE AND DEVELOPMENTAGREEMENT RECORDED IN THE PIMA COUNTY RECORDER'S OFFICE ON MAY 4, 2018 ATSEQUENCE 20181240060 & AS MODIFIED IN THE SECOND AMENDMENT TO CORTARORANCH COMMERCIAL ASSURANCE AND DEVELOPMENT AGREEMENT RECORDED IN THEPIMA COUNTY RECORDER'S OFFICE ON APRIL 20, 2021 AT SEQUENCE 20211131024BY _________________________________________ _________________ TOWN OF MARANA DATESTATE OF ARIZONA )FEE ___________)SSCOUNTY OF PIMA )SEQUENCE NO. _________________THIS INSTRUMENT WAS FILED FOR RECORD AT THE REQUEST OF BECK CONSULTINGENGINEERS, INC., ON THIS ____ DAY OF ___________,20___, AT ______ IN SEQUENCENO. ____________________ THEREOF.________________________________________ _________________GABRIELLA CÁZARES-KELLYDATEPIMA COUNTY RECORDER BY DEPUTYREF.:#PCZ1812-001DPR2008-00123 242625INTERSTATE 10CERIUS STRAVENUE WILLOW VIEWDRIVECAMINO DE OESTE HARTMANN LANEBEING A PORTION OF SECTION 26, T12S, R12E,G&SRB&M, TOWN OF MARANA, PIMA COUNTY,ARIZONASEQUENCE NUMBER _________________________SEQUENCE NUMBER __________________________PRV1811-001FINAL PLAT FORCORTARO RANCH PHASE II LOTS 6A & 6BBEING A RESUBDIVISION OF LOT 6 OF CORTARO RANCH PHASE IILOTS 4 THROUGH 6 AS RECORDED IN SEQUENCE NUMBER2020-0380096, LOCATED IN THE NORTHEAST QUARTER OF SECTION26, TOWNSHIP 12 SOUTH, RANGE 12 EAST OF THE GILA AND SALTRIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA05/19/2021CORTARO COMMERCIAL JV, L.L.C901 WABASH AVE STE 300TERRE HAUTE, IN 47807KNOW ALL MEN BY THESE PRESENTS:THAT THE UNDERSIGNED AS BENEFICIARY OF THAT CERTAIN DEED OF TRUST RECORDEDIN DOCUMENT NO. _____________________________, RECORDS OF PIMA COUNTYRECORDER, PIMA COUNTY, ARIZONA, HEREBY RATIFIES, AFFIRMS, AND APPROVES THISPLAT, AND EACH AND EVERY DEDICATION CONTAINED HEREIN.IN WITNESS WHEREOF, THE UNDERSIGNED HAVE SIGNED THEIR NAMES THIS DAY OF_______________________, 2021.BY:________________________________________________ITS:________________________________________________ROYEVRDateSigned.ONETACIFITR E C USDNALDERE T SIGER 35113MICHAEL E.FONDREN.A. .U,ANSZIARO#PRV2103-004CORTARO FARMS ROADPRV1909-0055600 W. CORTARO FARMS RD.MARANA, AZ 85742Marana Town Council Regular Meeting 08/03/2021Page 18 of 402 LOT 6B121,958 SQ. FT. OR 2.799 AC.EXISTINGWATER EASEMENTSEQ# 2019-1020080 P.C.R.EXISTINGSEWER EASEMENTSEQ# 2019-1020080 PCR20' PUEBOOK 51 OF MAPS, PAGE 6 PCR33' RIGHT-OF-WAYSEQ# 2019-1020080 PCRCORTARO CROSSING DRIVE(22.5' PUBLIC RIGHT-OF-WAY)BOOK 51, PAGE 6, PCRZONE AOZONE AHZ O N E X ZON E A O EXISTING 20' PUBLIC UTILITYEASEMENT & PUBLICSEWER EASEMENTBOOK 51 OF MAPS,PAGE 6, P.C.R.EXISTING 30' PUBLIC UTILITY EASMENT& PUBLIC SEWER EASEMENTBOOK 51 OF MAPS, PAGE 6 PCRN0° 41' 47"W 220.08'N42° 44' 37"W 675.46'N47° 15' 23"E346.77'S42° 44' 33"E196.26'N88° 51' 47"E 270.97'112.42'158.55'N0° 41' 47"W 439.35'JOPLIN LANESEQ. NO. 2019-1020080 P.C.R.(PUBLIC)JOPLIN LANESEQ. NO. 2019-1020080 P.C.R.(PUBLIC)FZ1FZ2FZ3FZ4 FZ5F Z 6 LOT 6A115,373 SQ. FT. OR 2.648 AC.N4 7 ° 1 4 ' 4 1 " E 3 5 3 . 7 3 'S45° 41' 47"E249.62'S 3 8 ° 1 5 ' 1 3 "W 6 5 . 3 3 'S5 0 ° 3 7 ' 1 3 "W 7 0 . 7 2 'N42° 44' 37"W344.07'N42° 44' 37"W331.39'N47° 15' 23"E346.77'S42° 44' 37"E196.27'S45° 41' 47"E135.23'S 4 7 ° 1 4 ' 4 1 "W 3 5 3 . 7 3 'S88°51'47"W2 2 . 5 0 'TRACT ASEQ# 2020-0620815, PCRCROSS ACCESS EASEMENTPER SEQ# 2021-0040946, P.C.R.SIGHT VISIBILITYTRIANGLE PERSEQ# 2021-0040946, P.C.R.SIGHT VISIBILITYTRIANGLE PERSEQ# 2021-0040946, P.C.R.SEQUENCE NUMBER _________________________SEQUENCE NUMBER __________________________09003088JOB NO.:SHEETOF160161162BOUNDARY LINESECTION LINEFOUND BRASS CAP FLUSHP.C.R.PIMA COUNTY RECORDER SEWER EASEMENT LINEP.U.E.PUBLIC UTILITY EASEMENTADJACENT BOUNDARY LINEBREAKLINETIE LINEFOUND SCRIBED XD/WDRIVEWAYFOUND BRASS CAP IN HAND HOLESET REBAR WITH CAP RLS#44007WATER EASEMENT LINEINGRESS/EGRESS EASEMENT LINEFZFLOOD ZONE LINESET PK NAIL WITH WASHER RLS#44007159158157CORTARO RANCH LOTS1-297 AND C.A. "A"BOOK 51, PAGE 6, PCRZONING: R-8"EXCLUDED"FINAL PLAT FORCORTARO RANCH PHASE II LOTS 6A & 6BBEING A RESUBDIVISION OF LOT 6 OF CORTARO RANCH PHASE IILOTS 4 THROUGH 6 AS RECORDED IN SEQUENCE NUMBER2020-0380096, LOCATED IN THE NORTHEAST QUARTER OF SECTION26, TOWNSHIP 12 SOUTH, RANGE 12 EAST OF THE GILA AND SALTRIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONAAPN: 221-18-7400SEQ# 2020-00380096 P.C.R.LINE TABLELINEFZ1FZ2FZ3FZ4FZ5FZ6LENGTH105.7079.61103.7010.14256.13355.66BEARINGN47° 15' 23"ES11° 45' 49"ES8° 55' 53"ES1° 02' 03"WN45° 41' 47"WS40° 47' 40"WN89° 18' 13"E 2618.93'(BASIS OF BEARING)158.92' 2460.01'FOUND SCRIBED "X"CENTER OF SECTION 26,TOWNSHIP 12 SOUTH, RANGE 12 EAST"POINT OF COMMENCEMENT"FOUND BRASS CAP FLUSHEAST QUARTER CORNER, SECTION 26,TOWNSHIP 12 SOUTH, RANGE 12 EASTROYEVRDateSigned.ONETACIFITR E C USDNALDERE T SIGER 35113MICHAEL E.FONDREN.A. .U,ANSZIAROLOT 1ASEQ# 2021-0040946 P.C.R.LOT 2ASEQ# 2021-0040946 P.C.R.PRV2103-004REF.:#PCZ1812-001DPR2008-001PRV1811-001PRV1909-005Marana Town Council Regular Meeting 08/03/2021Page 19 of 402 © Latitude Geographics Group Ltd. 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.1 Notes PRV2103-004 Cortaro Ranch Phase II Lots 6A & 6B 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. 0.070 1:4,514 Town of Marana Planning Marana Town Limits Parcel Labels Parcels (Black) I n t e r s t a t e 1 0 J o p l i n L a n e Cerius StravenueCortar o F a r m s R o a d PRV2103-004 Lot 6 PRV2103-004 Cortaro Ranch Phase II Lots 6A & 6B Location Map Location Map Marana Town Council Regular Meeting 08/03/2021 Page 20 of 402 PRV2103-0043/11/2021Marana Town Council Regular Meeting 08/03/2021Page 21 of 402 Council-Regular Meeting C2 Meeting Date:08/03/2021 To:Mayor and Council Submitted For:Jason Angell, Development Services Director From:Gus Myers, Development Engineering Manager Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-103: Relating to Development; approving a Release of Assurances for The Preserve at Twin Peaks subdivision and accepting public improvements for maintenance (Jason Angell) Discussion: The Preserve at Twin Peaks consists of Lots 1 through 190, a 100 acre subdivision located East of Twin Peaks Road and south of Camino de Manana. The final plat for this subdivision was recorded at the Pima County Recorder's Office at Sequence Number 20200660138. The Town has an assurance agreement assuring the completion of improvements needed to serve the subdivision. The subdivider has completed the improvements serving The Preserve at Twin Peaks acceptable to Town Standards in accordance with the assurance agreement, including public infrastructure, which consists of a potable water system. If adopted, this resolution will release the Preserve at Twin Peaks subdivision assurances and accept the potable water system serving the subdivision for maintenance. The roadways serving the subdivision are private and the public sanitary sewer conveyance system serving the subdivision is being dedicated to and accepted by Pima County Regional Wastewater Reclamation District. Staff Recommendation: Staff recommends adoption of Resolution 2021-103 approving a release of assurances for Marana Town Council Regular Meeting 08/03/2021 Page 22 of 402 Staff recommends adoption of Resolution 2021-103 approving a release of assurances for The Preserve at Twin Peaks and accepting the potable water system for maintenance. Suggested Motion: I move to adopt Resolution No. 2021-103, approving the release of assurances for The Preserve at Twin Peaks, and accepting the public water system for maintenance. Attachments Resolution 2021-103 Location Map Marana Town Council Regular Meeting 08/03/2021 Page 23 of 402 Resolution No. 2021-103 MARANA RESOLUTION NO. 2021-103 RELATING TO DEVELOPMENT; APPROVING A REL EASE OF ASSURANCES FOR THE PRESERVE AT TWIN PEAKS SUBDIVISION AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS the final plat for The Preserve at Twin Peaks Lots 1 thru 190 and Common Area “A” (Private Streets), Common Areas “B1”–“B5” (Natural Open Space, Drainage, Landscape, Pedestrian, Public Sewer and Utilities), & Common Areas “C1”, “C2” (Active Open Spaces) was recorded in the Pima County Recorder’s Office on March 6, 2020, at Sequence Number 20200660138; and WHEREAS the Town has a third party trust assurance agreement (the “Assurance Agreement”) with Lennar Arizona, Inc. (the “Subdivider”) and Title Security Agency LLC, under Trust No. 201832-S, recorded in the Pima County Recorder’s Office on March 6, 2020, at sequence 20200660161, assuring the completion of public improvements for The Preserve at Twin Peaks ; and WHEREAS the Subdivider has completed the public improvements for The Preserve at Twi n Peaks acceptable to Town standards in accordance with the Assurance Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Assurance Agreement is hereby released. SECTION 2. The Town accepts for maintenance the on-site potable water system serving The Preserve at Twin Peaks, consisting of approximately 9,810 linear feet of potable water line, appurtenances, valves, and fire hydrants wit h an estimated value of $846,030. SECTION 3. The Town accepts for maintenance the off-site potable water system serving The Preserve at Twin Peaks, consisting of approximately 2,410 linear feet of potable water line, appurtenances, valves, and fire hydrants with an estimated value of $328,577. Marana Town Council Regular Meeting 08/03/2021 Page 24 of 402 Resolution No. 2021-103 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 25 of 402 Approved 03/10/2020 P20PW00028 Marana Town Council Regular Meeting 08/03/2021 Page 26 of 402 Council-Regular Meeting C3 Meeting Date:08/03/2021 To:Mayor and Council From:Anita McNamara, AICP, Long-Range Planner Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-104: Relating to Development; approving a final plat for Gladden Farms Block 33 Lots 1-119 & Common Areas “A-1”-“A-4” & “B-1”-“B-4”, located generally on the north side of West Mike Etter Boulevard and south of West Moore Road (Anita McNamara) Discussion: Request Rick Engineering, on behalf of Gladden Phase II, LLC, is requesting the approval of a final plat consisting of 119 residential lots and common areas "A-1" - "A-4" & "B-1" - "B-4" on approximately 28.38 acres within the Gladden Farms II development. Location The subdivision will be located within Block 33 of the Gladden Farms Blocks 26-43 block plat (Book 62, Page 64) on the north side of West Mike Etter Boulevard, south of West Moore Road. Zoning The zoning for Block 33 is F - Specific Plan (Gladden Farms II) with a land use designation of Single Family Detached (SFD-6). The SFD-6 land use permits single-family detached homes with a minimum lot size of 6,000 square feet. The proposed minimum lot size is 6,012 square feet. The proposed maximum lot size is 10,558 square feet. The proposed average lot size is 6,587 square feet. Transportation All streets in Gladden Farms Block 33 will be public. The subdivision will have four entries. The main entry will be from the west via West Mike Etter Boulevard. Secondary entries will be from Gladden Farms 31 via North Rihl Drive (a 60-footMarana Town Council Regular Meeting 08/03/2021 Page 27 of 402 Secondary entries will be from Gladden Farms 31 via North Rihl Drive (a 60-foot right-of-way), North Bend Road (a 42-foot right-of-way) and West Chadwick Drive (a 42-foot right-of-way). The typical internal street section is a 42-foot wide public right-of-way. Park Requirements and Trails Per the Gladden Farms II Specific Plan, 185 square feet of on-site recreation area per single-family detached residence is required. This subdivision requires a minimum of 22,015 square feet of recreation area. The active recreation area is within Common Area "B-3" located in the central portion of the subdivision and is 69,852 square feet in size. Preliminary Plat The preliminary plat for Gladden Farms Block 33, along with Block 31, was approved by Town Council on February 16, 2021, by adoption of Resolution No. 2021-016. Staff Recommendation: Staff has reviewed the request against the requirements of the Gladden Farms II Specific Plan, the Town Code and the Marana General Plan. This final plat is in substantial conformance with all required development regulations and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2021-104, approving a final plat for Gladden Farms Block 33, Lots 1-119 & Common Areas "A-1" - "A-4" & "B-1" - "B-4". Attachments Resolution 2021-104 Gladden Farms Block 33 Final Plat Location Map Application Marana Town Council Regular Meeting 08/03/2021 Page 28 of 402 Marana Resolution No. 202 1 -104 - 1 - MARANA RESOLUTION NO. 202 1-104 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR GLADDEN FARMS BLOCK 33 LOTS 1-119 & COMMON AREAS “A-1”-“A-4” & “B-1”-“B-4”, LOCATED GENERALLY ON THE NORTH SIDE OF WEST MIKE ETTER BOUL EVARD AND SOUTH OF WEST MOORE ROAD WHEREAS, on March 7, 2006, the Mayor and Town Council adopted Ordinance No. 2006.03, approving a rezoning to create the Gladden Farms II Specific Plan; and WHEREAS, on December 19, 2006, the Mayor and Town Council adopted Ordinance No. 2006.35, approving the first amendment to the Gladden Farms II Specific Plan; and WHEREAS, on May 16, 2007, the Mayor and Town Council adopted Resolution No. 2007-75, approving the final block plat for Gladden Farms Blocks 26 - 43, re corded in the Office of the Pima County Recorder at Book 62, Page 64; and WHEREAS, on March 6, 2018, the Mayor and Town Council adopted Ordinance No. 2018. 006, approving the second amendment to the Gladden Farms II Specific Plan; and WHEREAS, on February 16, 2021, the Mayor and Town Council adopted Resolution No. 2021-016, approving the preliminary plat for Gladden Farms Blocks 31 & 33; and WHEREAS, Rick Engineering, on behalf of Gladden Phase II, LLC, has applied for approval of a final plat for a 11 9-lot single -family residential home subdivision within Block 33 of the Gladden Farms Blocks 26 - 43 block plat located generally on the north of West Mike Etter Boulevard and south of West Moore Road ; and WHEREAS the Marana Town Council, at the regularly sch eduled meeting on August 3, 2021, determined that the Final Plat for Gladden Farms Block 33 should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the final plat for Gladden Farms Block 33 Lots 1-119 & Common Areas “A-1”-“A-4” & “B-1”-“B-4” is hereby approved. Marana Town Council Regular Meeting 08/03/2021 Page 29 of 402 Marana Resolution No. 202 1 -104 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 30 of 402 SEQ #20181100137 BLOCK 31 GLADDEN FARMS SEQ #20181100137 BLOCK 28 GLADDEN FARMS SCALE: 1"= 200' 0'100'200'400' BASIS OF BEARING S00°30'03"E. "PCHD3" AT THE SOUTHWEST CORNER OF SAID SECTION. SAID BEARING BEING ALUM CAP STAMPED "17436" AT THE WEST QUARTER AND A FOUND 1/2" REBAR TAGGED MERIDIAN, PIMA COUNTY, ARIZONA. SAID LINE MONUMENTED BY A FOUND 1 1/2" OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER THE BASIS OF BEARING FOR THIS PROJECT IS WEST LINE OF THE SOUTHWEST QUARTER SHEET 2 SHEET 3 SHEET 4 GENERAL NOTES DEDICATION BY: MY COMMISSION EXPIRES STATE OF ARIZONA COUNTY OF PIMA SS.} ACKNOWLEDGEMENT BENEFICIARY DATETRUST OFFICIAL ADMINISTRATIVE ADDRESS 10552 WEST MIKE ETTER BOULEVARD, MARANA, ARIZONA 85653 CERTIFICATION OF SURVEY PREPARED UNDER MY DIRECTION. MARKERS SHOWN ARE CORRECTLY DESCRIBED. I FURTHER CERTIFY THAT THIS PLAT WAS UNDER MY DIRECTION AND THAT ALL EXISTING AND PROPOSED SURVEY MONUMENTS AND I HEREBY CERTIFY THAT THE BOUNDARY SURVEY AS SHOWN ON THIS PLAT WAS PERFORMED TOWN OF MARANA APPROVALS ,P.E. , 2021. PLAT WAS APPROVED BY THE TOWN COUNCIL OF THE TOWN OF MARANA ON THE DAY OF I, , CLERK OF THE TOWN OF MARANA HEREBY CERTIFY THAT THIS MARANA TOWN ENGINEER/DEVELOPMENT ENGINEER DATE DATE DATE ASSURED WATER SUPPLY RESOURCES. A CERTIFICATE OF ASSURED WATER SUPPLY HAS BEEN RECEIVED FROM THE DIRECTOR OF WATER CERTIFICATION CLERK OF THE TOWN OF MARANA MARANA DEVELOPMENT SERVICES DIRECTOR DATE DATE MARANA WATER DIRECTOR MARANA WATER DIRECTOR * SVT 23 14 13 QUARTER SECTION CORNER SIGHT VISIBILITY TRIANGLE LOT NUMBER DRIVEWAY ORIENTATION ON LOTS EASEMENT BOUNDARY CENTERLINE LOT LINE SUBDIVISION BOUNDARY SECTION LINE LEGEND EXIST R/W SYMBOL ITEM FOUND SURVEY MONUMENT, AS NOTED GENERAL NOTES - CONTINUED 1 RECORDING } STATE OF ARIZONA COUNTY OF PIMA SS. DEPUTY BY: GABRIELLA CAZARES-KELLY, COUNTY RECORDER AND YEAR ABOVE WRITTEN WITNESS MY HAND AND OFFICIAL SEAL DAY TIME DATE OF RICK ENGINEERING COMPANY, INC. WAS FILED FOR RECORD AT THE REQUEST I HEREBY CERTIFY THAT THE INSTRUMENT SEQ: #2021 FEE: SHEET INDEX FINAL PLAT SHEETS2-4 COVER SHEET1 SEQ #20181100137 BLOCK 37 GLADDEN FARMS COMPLETION CONSTRUCTION STAMPED BY RLS FOLLOWING 2" BRASS CAP SURVEY MONUMENT TO BE (SEE GENERAL NOTE 22) COMPLETION OF CONSTRUCTION LOT CORNER TO BE SET BY RLS FOLLOWING ONGOING CONSTRUCTION BOUNDARY MONUMENT NOT SET DUE TO TRUST NO. 60,423, AS TRUSTEE ONLY AND NOT OTHERWISE IN ITS CORPORATE CAPACITY. FIDELITY NATIONAL TITLE AGENCY INC., AN ARIZONA CORPORATION, AS TRUSTEE UNDER EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSE THEREIN. NATIONAL TITLE AGENCY INC. TRUST NO. 60,423, AND BEING AUTHORIZED SO TO DO, WHO ACKNOWLEDGED TO BE THE TRUST OFFICIAL OF FIDELITY ON THIS DAY OF , 2021, BEFORE ME PERSONALLY APPEARED RECORDS OF SAID TRUST ARE: BENEFICIARIES OF TRUST NO. 60,423, DESCRIBED ABOVE AS DISCLOSED BY THE * PURSUANT TO A.R.S. SECTION 33-404(B), THE NAME AND ADDRESS OF THE NEW YORK, NY 10019-4801 1350 AVENUE OF THE AMERICAS, SUITE 1600 GLADDEN PHASE II DEV. L.L.C., A DELWARE LIMITED LIABILITY COMPANY NEW YORK, NY 10019-4801 1350 AVENUE OF THE AMERICAS, SUITE 1600 GLADDEN PHASE II, L.L.C., A DELWARE LIMITED LIABILITY COMPANY ASSURANCES ESTABLISHED MINIMUM STANDARDS OF DESIGN AND CONSTRUCTION. UTILITIES, DRAINAGE, FLOOD CONTROL AND OTHER SUBDIVISION IMPROVEMENTS MEETING TO GUARANTEE INSTALLATION OF REQUIRED STREET, SEWER, ELECTRIC, GAS AND WATER IN THE OFFICE OF THE RECORDER OF PIMA COUNTY, ARIZONA HAVE BEEN PROVIDED LOTS 1-119 AND ASSOCIATED COMMON AREAS AS RECORDED IN SEQ #2021 AGENCY, AN ARIZONA CORPORATION, AS TRUSTEE UNDER TRUST NO. 60,423, FOR ASSURANCES IN THE FORM OF A THIRD PARTY TRUST FROM FIDELITY NATIONAL TITLE BY: TOWN OF MARANA DATE 12345678910111213141516171819 20 21 22 23 24 25 2627 28 29 30 31 32 33 34 35 3637 3839404142434445464748 49 50 51 52 53 54 55 56 57 5859 60 61 62 63 64 65 66 67 68 69 70 71 7273 74 7576777879808182838485 8687888990 9192 93 94 95 96 97 98 CA "B-1" CA "B-3"CA "B-2" CA "B-4" CA "A-3" TS REHCSREH W VA KCIDDER NN KRISTA AV N BONFIELD AV CA "A-1" CA "A-2" LB RETTE EKIM W RD KCIWDAHC W 10 0 101 10210 3 1 04 105106107108109 110 1 11 118117116115114113112"4-A" AC A RECORD OF SURVEY SHALL BE RECORDED IN ACCORDANCE WITH THE STATE STATUTES. REPLACEMENT SURVEYOR SHALL SET MONUMENTS WITH HIS/HER IDENTIFYING NUMBER AND INTERIOR CORNER MONUMENTS, SUBSEQUENT TO THE RECORDING OF THE FINAL PLAT, THE THE SURVEYOR OF RECORD IS NOT AVAILABLE TO SUPERVISE THE SETTING OF THE BE UNDER THE DIRECT SUPERVISION OF THE SURVEYOR OF RECORD. IF FOR ANY REASON OF SURVEY SHALL BE FILED SHOWING THOSE DIFFERENCES. ALL MONUMENTS SET SHALL MONUMENTS SHOULD DIFFER FROM THE TYPE DESCRIBED ON THE FINAL PLAT, A RECORD INFRASTRUCTURE AND IMPROVEMENTS MAKE IT PRACTICAL TO DO SO. IF SUCH INTERIOR PROPERTY CORNERS SHALL BE MONUMENTED AS SOON AS COMPLETION OF THE 22. PROVIDED IN THE BASIN IN COMMON AREA "B-3". A TOTAL OF 69,852 SQUARE FEET OF DEVELOPED RECREATION AREA IS RECREATION AREA. RESIDENCE. THIS PROJECT SHALL REQUIRE 22.015 SQUARE FEET OF DEVELOPED ON-SITE RECREATION AREAS, SHALL BE 185 SQUARE FEET PER SINGLE FAMILY USE DESIGNATION, THE MINIMUM AREA (IN SQUARE FEET) FOR PRIVATE, COMMON AND TRAILS CONCEPT AND SECTION IV.C.3.d DEVELOPMENT STANDARDS - SFD-6 LAND PER THE GLADDEN II SPECIFIC PLAN SECTION III.L, OPEN SPACE, RECREATION, PARKS 21.N RI HL DRRD NWORB REKLAW W SEE SHEET 2 FOR ADDITIONAL NOTES 11999 RECORDED AT DOCKET NO. 13063, PAGE 4202. AIRCRAFT NOISE AND AIRCRAFT OVERFLIGHT. AVIGATION EASEMENT AND RELEASE THE AIRPORT INFLUENCE AREA FOR THE MARANA REGIONAL AIRPORT AND IS SUBJECT TO AN AVIGATION EASEMENT HAS BEEN RECORDED ON THIS PROPERTY. THIS PROPERTY IS IN 20. IRRIGATION DISTRICT. WATER UTILITY AND NON-POTABLE WATER SHALL BE PROVIDED BY THE CORTARO-MARANA POTABLE WATER FOR THIS SUBDIVISION SHALL BE PROVIDED BY THE TOWN OF MARANA 19. TO ARRIVAL OF COMBUSTIBLE CONSTRUCTION MATERIALS ON SITE. NORTHWEST FIRE DISTRICT. ALL HYDRANTS MUST BE INSTALLED AND OPERATIONAL PRIOR STREETS. THE FIRE FLOW REQUIREMENT IS 1,500 GALLONS/MINUTE APPROVED BY FIRE HYDRANTS AT 500 FOOT MAXIMUM INTERVALS SHALL BE INSTALLED WITHIN PUBLIC 18. 45-576. WHICH HAS BEEN DESIGNATED AS HAVING AN ASSURED WATER SUPPLY UNDER A.R.S. THIS SUBDIVISION IS LOCATED WITHIN THE TOWN OF MARANA WATER SERVICE AREA, 17. RIGHTS-OF-WAY. LANDSCAPE PLANS OR IMPROVEMENT PLANS ALLOWING INSTALLATION WITHIN THE PUBLIC INDEMNIFICATION. THIS DOCUMENT SHALL BE EXECUTED PRIOR TO FINAL APPROVAL OF PERPETUAL LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE AND WALLS AND DRAINAGE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY SHALL REQUIRE A INSTALLATION OF ITEMS SUCH AS LANDSCAPE, IRRIGATION, SIGNAGE, MONUMENTS, 16. TOTAL MILES OF NEW PUBLIC STREET IS 0.87.15. THE RELEASE OF ASSURANCES. FUNCTION OF ALL PUBLIC AND PRIVATE ROADWAYS AND DRAINAGE STRUCTURES BEFORE THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO FORM, LINE, AND 14. STANDARDS. ROADWAY SURFACE, AND SHALL CONFORM TO THE TOWN OF MARANA SUBDIVISION STREET HORIZONTAL LINES LOCATED 30-INCHES AND 72-INCHES ABOVE FINISHED GRADE OF THE BE PLACED SO AS NOT TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO OBJECTS AND MATERIALS WITHIN THE SIGHT VISIBILITY TRIANGLE EASEMENTS SHALL 13. ELECTRICAL TRANSMISSION CORRIDORS. GREATER, AND THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTURE PLACED UNDERGROUND EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 48KV OR ALL NEW AND EXISTING UTILITIES WITHIN OR CONTIGUOUS TO THE SITE SHALL BE 12. COMPLIANCE WITH, ANY DEED RESTRICTIONS OR EASEMENTS. THAT MAY BE CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OF, OR APPROVAL OF THIS PLAT DOES NOT AFFIRM, CERTIFY, OR APPROVE ANY LAND DIVISION 11. TOWN OF MARANA. NO FURTHER LOT SPLITTING SHALL BE DONE WITHOUT THE WRITTEN APPROVAL OF THE 10. AC, 219,732 SF5.04 COMMON AREA "B" (RECREATION, LANDSCAPE, UTILITIES DRAINAGE AND GRADING) IS 17,861 SF COMMON AREA "A" (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) IS 0.41 AC, THE TYPE AND AREA OF LAND USE IS AS FOLLOWS:9. PARKING SPACES PROVIDED: (2 PER GARAGE & 2 PER DRIVEWAY) = 480 SPACES GARAGE = 240 SPACES PARKING SPACES REQUIRED: 2 OFF SITE SPACES PER UNIT WITHIN A FULLY ENCLOSED 8. ACCESSORY STRUCTURES: 5 FEET PATIO STRUCTURES: 5 FEET IF OPEN ON 3 SIDES MAY BE REDUCED TO 5 FEET WITH REAR-LOADED GARAGE RECESSED 10 FEET OR MORE FROM THE FRONT LIVING AREA REAR:15 FEET MAY BE REDUCED TO 5 FEET IF FRONT LOADED GARAGE IS ACCESSORY STRUCTURES: 5 FEET STREET: 10 FEET FOR Z-LOT LINES. MUST PROVIDE A 3-FOOT ACCESS EASEMENT ON ADJACENT LOT SIDE: 0 FEET REQUIRED. * MAY NOT ENCROACH INTO THE PUBLIC UTILITY EASEMENT, IF SIDE-LOADED GARAGE: 5 FEET* FRONT-LOADED GARAGE: 20 FEET FRONT PORCH: 5 FEET* MAY BE REDUCED TO 5 FEET WITH SIDE LOADED GARAGE* FRONT: 10 FEET MINIMUM SITE SETBACKS:7. MAXIMUM BUILDING HEIGHT: 30 FEET6. AVERAGE LOT SIZE: 6,587 SF. MAXIMUM LOT SIZE: 10,558 SF. MINIMUM LOT SIZE: 6,012 SF.5. DESIGNATION. MINIMUM ALLOWABLE LOT SIZE IS 6,000 SQUARE FEET PER THE SFD-6 LAND USE 4. RAC.THE DENSITY IS 4.19THE TOTAL NUMBER OF RESIDENTIAL LOTS IS 119.3. 2006.03. THE LAND USE DESIGNATION IS SINGLE FAMILY DETACHED 6 (SFD-6). THE EXISTING ZONING IS F (SPECIFIC PLAN - GLADDEN FARMS II) PER ORDINANCE NO. 2. THE GROSS AREA OF THIS DEVELOPMENT IS 28.381 ACRES; 1,236,261 SQUARE FEET.1.N BEND RD THIS SUBDIVISION. SAFETY, AND LIABILITY OF THE PRIVATE DRAINAGEWAYS AND COMMON AREAS WITHIN MEMBER OF THE ASSOCIATION, WHICH IS RESPONSIBLE FOR THE CONTROL, MAINTENANCE, COUNTY, ARIZONA. EACH AND EVERY LOT OWNER WITHIN THE SUBDIVISION SHALL BE RECORDED IN DOCKET 13150, PAGE 7169 IN THE OFFICE OF THE RECORDER OF PIMA IN DOCKET 12103 AT PAGE 11266 AND CONSENT TO ANNEXATION OF ADDITIONAL PARCELS LOT OWNERS AS ESTABLISHED BY COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED DRAINAGEWAYS AND COMMON AREAS SHALL BE VESTED IN AN ASSOCIATION OF INDIVIDUAL OTHER LANDS AS APPROVED BY THE TOWN ENGINEER. TITLE TO ALL PRIVATE FLOW OF WATER, WHETHER SURFACE, FLOOD, OR RAINFALL, FROM THIS SUBDIVISION AND PRIVATE UTILITIES AND SEWERS. PRIVATE DRAINAGEWAYS ARE ALSO RESERVED FOR THE OF INSTALLATION AND MAINTENANCE OF, AND ACCESS TO, UNDERGROUND PUBLIC AND TOWN OF MARANA AND ALL PUBLIC AND PRIVATE UTILITY COMPANIES FOR THE PURPOSE COMMON AREAS, BUT NOT PRIVATE DRAINAGEWAYS, ARE GRANTED AS EASEMENTS TO THE CONVENIENCE OF ALL OWNERS OF PROPERTY WITHIN THIS SUBDIVISION AND INVITEES. COMMON AREAS AS SHOWN ON THIS PLAT ARE RESERVED FOR THE PRIVATE USE AND OBSTRUCTED WITHOUT THE APPROVAL OF THE MARANA TOWN COUNCIL. FLOOD, OR RAINFALL. NATURAL DRAINAGE SHALL NOT BE ALTERED, DISTURBED, OR OF FLOODING, FLOWAGE, EROSION, OR DAMAGE CAUSED BY WATER, WHETHER SURFACE FOR DAMAGES RELATED TO THE USE OF THESE LANDS NOW AND IN THE FUTURE BY REASON MARANA, ITS EMPLOYEES, OFFICERS, AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS I, THE UNDERSIGNED, OUR SUCCESSORS AND ASSIGNS, DO HEREBY HOLD THE TOWN OF PLAT. DEDICATED TO THE TOWN OF MARANA FOR THE PURPOSE OR PURPOSES NOTED ON THIS CONTROL TO ADJACENT RIGHTS-OF-WAY. OTHER EASEMENTS SHOWN ON THIS PLAT ARE THIS PLAT ARE DEDICATED TO THE TOWN OF MARANA FOR THE PURPOSE OF ACCESS PUBLIC AND PRIVATE UTILITIES AND PUBLIC SEWERS. NO ACCESS EASEMENTS SHOWN ON COMPANIES FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF, AND ACCESS TO, PLAT ARE DEDICATED TO THE TOWN OF MARANA AND ALL PUBLIC AND PRIVATE UTILITY EASEMENTS, INCLUDING NO ACCESS EASEMENTS. UTILITY EASEMENTS AS SHOWN ON THIS SHOWN ON THIS PLAT, INCLUDING ALL STREETS, ALLEYS, DRAINAGEWAYS, AND I, THE UNDERSIGNED HEREBY DEDICATE TO THE TOWN OF MARANA ALL RIGHTS-OF-WAY SUBDIVISION OF THIS LAND IN THE MANNER SHOWN ON THIS PLAT. TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT, AND I CONSENT TO THE I, THE UNDERSIGNED, HEREBY WARRANT THAT I AM THE ONLY PARTIES HAVING ANY FEE PIMA COUNTY, ARIZONA G & SRM TOWN OF MARANA SECTION 35, T 11 S, R 11 E 27 26 3534 MOORE ADOR H WY G R A N DE I-10 C AS A LOCATION MAP PROJECT THIS +1005 LON ADAMSROAD16 2 21 1 2 20 6 7 8 9 10 11 12 13 14 15 5 5 5 555 5 3 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 SEQ #20071020612 SEQ #20181100137 SEQ #20071071340 SEQ #20040110791 SEQ #20032160454 SEQ #20052030148 SEQ #20051970423 SEQ #20061300698 SEQ #20072170310 SEQ #20060970432 SEQ #20051750608 SEQ #20032160452 SEQ #20040700645 SEQ #20201810353 SEQ #20121740308 15 SEQ #2017313007016 3" = 1 MILE SCALE: SEQ #2019053002917 17 1 SEQ #2018250008118 18 19 SEQ #2019291009419 20 SEQ #20193310053 MIKEETTERBLVD 22 21 22 SEQ #20210360143 SEQ #20210780195 2 FINAL PLAT FOR \\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\_Block_33\TUC CorpStds 2005.dscript \\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\_Block_33\5048Blk33fp01.dgn 02-JUN-2021 09:22c2021Rick Engineering CompanySHEET OF 4 GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA. 42 AND 43, SEQ #20181100137, SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST BEING A RESUBDIVISION OF BLOCKS 31 AND 33 OF GLADDEN FARMS 28, 31-34, 37, 38 PRV2104-002 J-5048C GLADDEN FARMS BLOCK 33 RELATED CASES: PCZ1708-002, PRV1710-002, PRV2009-003 COMMON AREA "B-1" THRU "B-4": (RECREATION, LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) COMMON AREA "A-1" THRU "A-4": (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) SEQUENCE #2021 SEQUENCE #2021LOTS 1-119 & COMMON AREAS "A-1"-"A-4" & "B-1"-"B-4" Marana Town Council Regular Meeting 08/03/2021 Page 31 of 402 0' SCALE: 1"= 40' 40'20'80' AND CURVE TABLES SEE SHEET 4 FOR LINE SEE SHEET 3 SEE SHEET 42SEE SHEET 3S08°23'10"E1595.53' N1/4 COR SEC 35 2" ACP/RLS 29873 SAME POINT GENERAL NOTES - CONTINUED GFCFD#2 DA. FARMS (PHASE II) COMMUNITY FACILITY DISTRICT (GFCFD#2) PURSUANT TO THE INTEREST AND THE PUBLIC INFRASTRUCTURE MAY BE ACQUIRED BY THE GLADDEN PUBLIC INFRASTRUCTURE IS CONSTRUCTED PURSUANT TO THE GFCFD#2 DA, THE DATED AS OF JANUARY 1, 2008 (AS AMENDED, THE "GFCFD#2 DA"), IF THE AGREEMENT (GLADDEN FARMS (PHASE II) COMMUNITY FACILITIES DISTRICT) THE DISTRICT DEVELOMENT FINANCING, PARTICIPATION, AND INTERGOVERNMENTAL CONSTRUCTED AS DESCRIBED ON THIS FINAL SUBDIVISION PLAT. PURSUANT TO DEFINED IN SECTION 48-701, ARIZONA REVISED STATUES, AS AMENDED) MAY BE UPON WHICH WHAT WOULD BE "PUBLIC INFRASTRUCTURE" (AS SUCH TERM IS SUCCESSORS IN INTEREST RETAIN AN INTEREST IN REAL PROPERTY IN OR THE SUBDIVIDING LAND OWNERS DESIGNATED ON THIS PLAT AND THEIR23. FINAL PLAT FOR \\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\_Block_33\TUC CorpStds 2005.dscript \\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\_Block_33\5048Blk33fp02.dgn 02-JUN-2021 09:22c2021Rick Engineering CompanySHEET OF 4 GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA. 42 AND 43, SEQ #20181100137, SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST BEING A RESUBDIVISION OF BLOCKS 31 AND 33 OF GLADDEN FARMS 28, 31-34, 37, 38 PRV2104-002 J-5048C GLADDEN FARMS BLOCK 33 RELATED CASES: PCZ1708-002, PRV1710-002, PRV2009-003 COMMON AREA "B-1" THRU "B-4": (RECREATION, LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) COMMON AREA "A-1" THRU "A-4": (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) SEQUENCE #2021 SEQUENCE #2021LOTS 1-119 & COMMON AREAS "A-1"-"A-4" & "B-1"-"B-4" CA "A-4" CA "B-4" 38 3948 49 50 51 52 53 54 55 56 57 76 77 78 79 80 818283 84 85 100 101 102 103 'N3 8 °40 '28 "E 13 4 .00 'N38 °40 '2 8 "E 13 4 .00 'N3 8 °40 '28 "E 1 3 4 .00 'N38 °40 '2 8 "E 1 34 .0 0 'C74N3 8 °4 0 '28 "E 134.00 'N3 8 °40 '2 8 "E 13 4 .00 'N3 8 °40 '2 8 "E 1 34 .0 0 'N38 °40 '28 "E 13 4 .00 ' C75 N38 °40 '2 8 "E 1 3 4 .00 ' 46 9.57'N38 °4 0 '2 8 "E 1 3 4 .00 ' 45.00' 45.00' 45.00' 57.35' 1 6 = L 9|99 . " 7°4 7 = 34 '4 C76 42.00'N9°04'10"WN10°56'48"E10.64' N80°55'50"E 148.36'35.00'N80°55'50"E 134.21'45.00'31.36'N3°53'30"E 106.24'N13°30'46"E 91.86'C73 7.22'C72N59°35'25"E 48.95'43.72'N26°09'23"E 98.03'N32°50'48"E45.00' 45.00' 45.00'N51°19'32"W 27 0.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00'45.22'N80°55'50"E 147.52' .01470' C 81= 9 . 5=2 R'27 RL 55.00' 55.00' 55.00' 55.00'N9°04'10"W 120.00'N9°04'10"W 120.00'N9°04'10"W 120.00'51.79'N9°04'10"W 120.00'N9°04'10"W 120.00'042.='0N17°41'17"E 134.71'0N9°04'10"W 119.97'C713 2°3 1 " = 1 '2 C77 |N2°36'25"W 120.00'N3°49'28"E 120.00'C 80 C79 C83 N8°01'17"E 120.45'C82 C78 N8°01'17"E 125.93'348.96 '37 .03 'N78°00'20"E 85 .99 '22.87' C55 19.13' 42.00' 0'0.N7°34'25"E 120.03'N9°04'10"W 120.00'5 N80°55'50"E 275.00' N81°58 '43"W 110.00 '68.15'N51°19'32"W 135.00'N60°43'57"W66.31'N8°01'17"E 120.00'N89°23'29"W N83°29 '49"W 62.34 ' 41.66'C62C63 C61 N8°01'17"E 113.45'C60 N8°01'17"E 95.64'N57°16'16"E N8°01'17"E 104.75'N5°33'13"E42.00'N84°09'43"E 1 C56C57 C54 N9°04'10"W 120.00'=| C58 N9°04'10"W 120.00'C59 7 115.00'C5 1 145.66' 55.00' 50.66' 40.00'C52 C53 7 61.24 =°R' 2'25 =0 L7 " C70 66.62' 08.12 =7R' 2'25°0 L= 7"17 19.64'22.36'N9°04'10"W 120.00'N9°04'10"W 120.00'C68 N60°54'53"EN9°04'10"W 113.28'110.66' 42.00' 1 0'0. 36.54' 19.12'55.00'N0°32'07"W 120.85'N4°37'46"E 120.39'N5°41'59"W 120.95'C 691 55.00' 78.83' 55.00' 18.89' 55.00' 67.28' 55.00' 8.53' 55.00' 55.00' 55.00 '55 .00 '55 .00 '34.96' 21.60'31.66'44.71' 55 .00 '53.81' C64 C65N8°01'17"E 120.00'N8°01'17"E 255.18'N8°01'17"E 120.00'=| 55.00' C66 C67135.18'45.00' 45.00' 45.00'35.68'32.47' 128.85 '120.00'18 .85 '55 .00 '55 .00 '=|1666.35=°R' 1'59=2L7 "1146.85 ' 35 0.66' S V6 SV5 SV4 145.15 '31'06=1L" °00.96=6|'C11520'06.91'57.11= R=2R ' 00.469L= 7" .94 2 0 'N9°04'10"W 134.00'N9°04'10"W 133.60'N9°04'10"W 134.00'N9°04'10"W 134.00'C96C93 C95N1°57'45"W 122.58'C94N7°44'31"E 120.48'126.56'N38 °40 '2 8 "E 134.0 0 ' 45.00' 36.56' 45.00'N27°09'03"E 121.95'N17°26'47"E 120.81'N36°51'20"E 134.00'N38 °40 '28 "E 134.0 0 'N3 8 °4 0 '28 "E 13 4 .00 ' 3'28.50'62.16' 34.17' 62.21' 45.00'64.39' 45.00' 59.38' 48.01'0.64' N80°55'50"E 135.00' 45.00' 45.00'45.00'N51°19'32"W 138.01' N85°10'52"W 155.76'N68°44'44"W 155.69' =4|7 C9244 C84 °C9 1C9045.00'45.00' 40.57'C85 C8 6 C88 C89 C8712.04' 142.61' SV7 C10531.38'45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00'N3 8 °40 '28 "E 1 34 .00 'N3 8 °40 '2 8 "E 1 34 .0 0 'N38 °4 0 '28 "E 1 34 .00 ' 526.38'N3 8 °40 '2 8 "E 1 34 .00 'N38 °4 0 '2 8 "E 1 3 4 .00 'N38 °4 0 '28 "E 1 34 .00 'N38 °4 0 '28 "E 1 29 .97 'N38 °4 0 '28 "E 1 3 4 .00 ' L= 2" .6124 5 = 3 | ' N80°55'50"E 271.79' 5' 4 0 ° 2 188.61' 83.18'46.00'S80°55'50"WS9°04'10"E 142.46'N9°04'10"WS78°09'50"W 349.72' '=4R' 00.50 0|=4 N3 9°44'08"E 192 .01' 171.71' 44°7 343.86'0N51°19'32"W 74 4.95''R = 9' . 3 5224 L " . 7 7 = 81 42.00' 24= R 0'06 .' L= 2"08.94 4 C2S69°57'29"W42.00'C5C4 C622.89'C3 S29°49'22"WC1L= 2" .3023 5 = 3 | ' 37.18' 5 ' 4 0 ° 5 =2| '42.00'415°S21°41'42"W'=4R 0 02.9 S80°55'50"W L4| N80°55'50"E 191.66' L5 L 6 111.53' 112.03' 68.16' 57.73' =00.75L9'L8 L7116.56=1R' 18.1=2 R'35L05°17 " 7'2 ='56°3L= 4"7.0273|=0' N81°58 '43"W 160 .34 'N50°15'52"W 1471.41' 21.00'21.00'21.00' 21.00' 6,600 SF 6,600 SF 6,913 SF 7,076 SF 7,072 SF 6,911 SF 6,600 SF 6,538 SF 7,031 SF 6,117 SF 7,065 SF 6,319 SF 6,721 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 7,740 SF 7,987 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 7,145 SF7,112 SF6,933 SF 6,746 SF 7,218 SF 6,029 SF 6,030 SF 6,030 SF 6,439 SF 6,260 SF 6,343 SF 6,250 SF 6,660 SF 6,231 SF 6,030 SF 6,030 SF 6,012 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 12,233 SF 40,873 SF CA "B-3" 69,853 SF C A "B-1"70,47 5 SF 21.00'21.00'21.00'21.00'58 59 60 61 66 67 68 69 70 71 72 73 74 75 86 87 88 89 90 91 92 93 94 95 96 97 98 991 4 11 1***********W HERSCHER ST W CHADWICK DR N REDDICK AVN KRI STA AVW C HADWIC K DR SEQ #20181100137 BLOCK 28 GLADDEN FARMS TR 2 2 2 2 2 2 2 2101 67 68 69 70 SEQ #20181100137 BLOCK 31 GLADDEN FARMS SFD-6 79 78 76 75 74 80 81 82 83 84 85 86 99 98 100 )TEERTS CILBUP()TEERTS CILBUP()TEERTS CILBUP( )TEER TS C ILB U P( )TEERTS CILBUP(5 5 554 4 411 1*CA "B-2" CA "B-1" CA "A-6"CA "A-5"RD LLAHETIHW WRD LLIHKRAL W21.0'21.0'21.0'21.0'2 1 .0 '2 1 .0 ')TEERTS CILBUP()TEERTS CILBUP(N BEND RD(PUBLI C STREET) 1 2 KEYNOTES 3 4 5 6 EXISTING PUBLIC STREET NEW PUBLIC STREET DEDICATED BY THIS PLAT SITE VISIBILITY EASEMENT DEDICATED BY THIS PLAT 10'X10' ELECTRIC EASEMENT DEDICATED BY THIS PLAT 1' NO ACCESS EASEMENT DEDICATED BY THIS PLAT LANDSCAPE EASEMENT DEDICATED BY THIS PLAT AND HOME OWNERS ASSOCIATION (HOA) STREET TREE 10' PUBLIC UTILITY, ROADWAY MAINTENANCE AND SIGNAGE, Marana Town Council Regular Meeting 08/03/2021 Page 32 of 402 0' SCALE: 1"= 40' 40'20'80' AND CURVE TABLES SEE SHEET 4 FOR LINE SEE SHEET 2 SEE SHEET 43 N56°34'25"E 265.33' CENTER SEC. 35 2" PIPE FINAL PLAT FOR \\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\_Block_33\TUC CorpStds 2005.dscript \\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\_Block_33\5048Blk33fp03.dgn 02-JUN-2021 09:22c2021Rick Engineering CompanySHEET OF 4 GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA. 42 AND 43, SEQ #20181100137, SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST BEING A RESUBDIVISION OF BLOCKS 31 AND 33 OF GLADDEN FARMS 28, 31-34, 37, 38 PRV2104-002 J-5048C GLADDEN FARMS BLOCK 33 RELATED CASES: PCZ1708-002, PRV1710-002, PRV2009-003 COMMON AREA "B-1" THRU "B-4": (RECREATION, LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) COMMON AREA "A-1" THRU "A-4": (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) SEQUENCE #2021 SEQUENCE #2021LOTS 1-119 & COMMON AREAS "A-1"-"A-4" & "B-1"-"B-4" CA "B-2" CA "A-4" 1 2 3 4 5 6 7891011 12 13 14 15 16 1718 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41424344 45 4647 48 49 50 51 52 53 54 55 56 57 63 818283 N3 8 °4 0 '28 "E 1 3 4 .00 'N3 8 °40 '28 "E 1 3 4 .0 0 '742.00'N9°04'10"WN10°56'48"E10.64' 15.03' N80°55'50"E 148.36'35.00'N80°55'50"E 134.21'45.00'N3°23'06"W 180.89'31.36'N3°53'30"E 106.24'N13°30'46"E 91.86'C73 C72N59°35'25"E 48.95'43.72'N26°09'23"E 98.03'N32°50'48"E45.00'N80°55'50"E 129.08'45.22'45.22'155.00'45.00'30.00'N80°55'50"E 143.04' N80°55'50"E 138.56' N80°55'50"E 147.52'45.22'45.22'|=67'71.8= R9'31°0L= 2"N9°04'10"W 120.00'N9°04'10"W 120.00'N9°04'10"W 120.00'C71N2°36'25"W 120.00'N3°49'28"E 120.00'N8°01'17"E 120.45'N8°01'17"E 125.93'2348 .96 '37.03 'N4°40'01"W 120.00'55.00' N78°00'20"E 85 .99 '22.87' C55 19.13' 42.00' 0'0. 55.00'N7°34'25"E 120.03'N80°56'37"EN3°29'36"E 120.00'N9°04'10"W 120.00'N0°35'12"W 120.00'5 N80°55'50"E 275.00' N81°58 '43"W 110 .00 '68.15'N51°19'32"W 135.00'N60°43'57"W66.31'N8°01'17"E 120.00'N89°23'29"W N83°29 '49"W 62.34 ' 41.66'C62C63 C61 N8°01'17"E 113.45'C60 N8°01'17"E 95.64'N57°16'16"E N8°01'17"E 104.75'N5°33'13"E42.00'N84°09'43"E 1 C56C57 C54 N9°04'10"W 120.00'=| C58 N9°04'10"W 120.00'C59 7 115.00'C51 115.00'145.66'N9°04'10"W 230.00'55.00' 50.66' 40.00'C52 C53 7 61.24 =°R' 2'25 =0 L7 " C70 66.62' 08.12 =7R' 2'25°0 L= 7"17 19.64'22.36'N9°04'10"W 120.00'N9°04'10"W 120.00'C68 N60°54'53"EN9°04'10"W 113.28'110.66' 42.00' 1 0'0. 36.54' 19.12'55.00'N0°32'07"W 120.85'N4°37'46"E 120.39'N5°41'59"W 120.95'C 691 55.00' 78.83' 55.00' 18.89' 55.00' 67.28' 55.00' 8.53' 55.00' 55.00' 55 .00 '55 .00 '55 .00 '34.96' 55.00' 21.60'31.66'44.71' 55 .00 '53.81' 55.00' C64 C65N8°01'17"E 120.00'N8°01'17"E 255.18'N8°01'17"E 120.00'=| 55.00' C66 C67 45.00' 45.00'35.68'32.47' 128 .85 '120.00'18.85 '55 .00 '55 .00 '190.00'=|1666.35=°R' 1'59=2L7 "1.SV1 SV3 C117182.15'31'06=1L" °00.96=6|'C11520'06.91'57.11= R'16L1'06° ="32|S69°57'29"W42.00'C5 S67°06'51"W 200.10'C622.89'S29°49'22"W" 2'33.9L=10 N81°58 '43"W 350 .04 ''0N14°03'13"W 213.13'°06=9'L3 L4L2L1 | N80°55'50"E 191.66' L5 N9°04'10"W 282.00'L 61R= 8'.6389.| 191.66' 0 186.00' °=71 N80°55'50"E 578.65'=63.04'111.32' 5 R'47 140=1." 7'2 023L= =00.75L9'L8 L7116.56=1R' 18.1=2 R'35L05°17 " 7'2 ='56°3L= 4"7.0273|=0' N81°58 '43"W 160.34 '55.00'0 57.04'64 .93 '61 .16 'N58°18'51"E 109.99' N75°56'47"E 110.77'26.97'42.00'N14°52'54"E 103.17'N5°57'44"E86.15'26.51'N78°00'20"E 15.49' C29 N8°01'17"E 120.00'C31C32 C30 42.00'N8°01'17"E 114.70'N8°01'17"E 120.00'55.00 'C37C3 8 13.14 '29.66'55 .00 '55 .00 '55.00 'C36 54.32'138.98'55.00'54.32'55.00'C34C3 5 C33 N75°56'47"E 120.00' N75°56'47"E 120.00' 319 .05 '00.350 C25 ' C24 C23 C26 73.18='R N8°01'17"E 120.00'C27 55 .00 '55 .00 '40.44 '55 .00 '55.00 'N8°01'17"E 120.00'N8°01'17"E 120.00'275.89 '55 .00 '55 .00 '55 .00 'N0°06'16"W 120.00'N2°53'02"E 120.00'N3°05'34"W 120.00'C28 N6°04'52"W 120.00'15 .47 '55 .00 '15 .45 'N5°52'21"E 120.00'55 .00 '9 R'20 3.9=9." 7'2 962L=05 N9°04'10"W 120.00'C45N9°04'10"W 120.00'N9°04'10"W 120.00'C4 9 C46C 48 N5°15'34"W 120.28'C470N8°01'17"E 120.00'N8°01'17"E 120.00''N1°43'42"W 120.45'N5°20'02"E 120.54'N1°48'10"E 120.54'N8°01'17"E 120.00'N8°01'17"E 120.00'N8°01'17"E 120.00'0 N88°32'48"W 62.15' 62.16' N84°29'28"W 62.73' N87°22'23"E N83°16'22"E 55 .78 '62.15'N80°55'50"E 110.00'55 .00 '55 .00 '55 .00 '55 .00 '55 .00 '59 .04 '60 .00 '19 .96 '| C44 = C43 C42 °7 34.12' 1 C41C40 17.39'44.76'36.40' 28.04'25.75' 55.00' C39 55.00' 9.03'53.70' 3 05°17 " 4'2=61.52| S81°58 '46"E 416 .57 ''C8S14°03'13"E 307.52'L 5.511 N80°55'50"E 712.08' '00=4.4=3 R'5171'64.|S67°43'54"W 120.00' S69°55'15"WC742.00'118.=6=9R' =.9710R= 0'=2'18° L"53N9°04'10"W 120.00'N9°04'10"W 120.00'N9°04'10"W 120.00'N9°04'10"W 100.29'40.00'N9°04'10"W 120.00'N9°04'26"W 120.00'L10N9°04'10"W 120.00'55.00' 55.00' 54.99' 55.00' 322.66' 55.00' 55.00' 47.66' 55.00' 55.00' 55.00' 55.00' '25°0 L7 7" 50.66' 1 C19C20 C18 C17=| C21 145.66' C22 C50 55.00'C11 C12 C 1347.66'|21.00'21.00' 6,529 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,599 SF 6,854 SF 6,853 SF6,853 SF6,853 SF6,853 SF 6,782 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,561 SF6,226 SF 10,558 SF 7,264 SF 6,483 SF 6,600 SF 6,600 SF 6,952 SF 6,948 SF 6,600 SF 6,600 SF 6,600 SF 6,600 SF 6,841 SF 6,918 SF 6,919 SF 6,920 SF 6,947 SF 6,600 SF 6,600 SF 6,576 SF 6,600 SF 6,600 SF 6,924 SF6,924 SF 6,925 SF 6,638 SF 6,541 SF6,323 SF 6,524 SF 6,600 SF 6,600 SF 6,913 SF 7,076 SF 7,072 SF 6,911 SF 6,600 SF 6,538 SF 7,031 SF 6,117 SF 7,065 SF 6,319 SF 6,721 SF 6,538 SF 6,336 SF 6,111 SF 6,030 SF 6,030 SF 7,145 SF7,112 SF6,933 SF 2,180 SF 12,233 SF 38,531 SF 6,576 SF 6,952 SF "A-3" CA CA "B-3" 69,853 SF 21.00'21.00' 85 .91 'N81°58 '43"W 239 .96 '10.14 '58 59 60 61 62 64 73 1111 1 2 ********W HERSCHER ST N REDDICK AVMIKE ETTER BOULEVARD HDR PARK 3 2 2 2 22 2 222 104 103 102 101 105 106 SEQ #20181100137 BLOCK 32 GLADDEN FARMS 6 )TEERTS CILBUP( 73100118102# QES )TEERTS CILBUP()TEERTS CILBUP()TEERTS CILBUP(55 5 SEQ #20193310053 BLOCK 36 & 40 GLADDEN FARMS SEQ #20181100137 BLOCK 31 GLADDEN FARMS SFD-6 4 41(PUBLI C STREET)N RI HL DR5 *CA "A-5"CA "A-4"21.0'21.0'21.0'21.0'21.0'21.0'21.0'21.0'90' R/W45.0'45.0'90' R/W45.0'45.0' N80°55'50"E 712.08' 05°17 " 4'2=|L .1 '00=.=3 R'2 005793 S81°58 '46"E 416 .57 '377.66' RD NWORB REKLAW WN BEND RD(PUBLI C STREET) 1 2 KEYNOTES 3 4 5 6 EXISTING PUBLIC STREET NEW PUBLIC STREET DEDICATED BY THIS PLAT SITE VISIBILITY EASEMENT DEDICATED BY THIS PLAT 10'X10' ELECTRIC EASEMENT DEDICATED BY THIS PLAT 1' NO ACCESS EASEMENT DEDICATED BY THIS PLAT LANDSCAPE EASEMENT DEDICATED BY THIS PLAT AND HOME OWNERS ASSOCIATION (HOA) STREET TREE 10' PUBLIC UTILITY, ROADWAY MAINTENANCE AND SIGNAGE, Marana Town Council Regular Meeting 08/03/2021 Page 33 of 402 0' SCALE: 1"= 40' 40'20'80'SEE SHEET 3SEE SHEET 2 4 FINAL PLAT FOR \\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\_Block_33\TUC CorpStds 2005.dscript \\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\_Block_33\5048Blk33fp04.dgn 02-JUN-2021 09:22c2021Rick Engineering CompanySHEET OF 4 GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA. 42 AND 43, SEQ #20181100137, SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST BEING A RESUBDIVISION OF BLOCKS 31 AND 33 OF GLADDEN FARMS 28, 31-34, 37, 38 PRV2104-002 J-5048C GLADDEN FARMS BLOCK 33 RELATED CASES: PCZ1708-002, PRV1710-002, PRV2009-003 COMMON AREA "B-1" THRU "B-4": (RECREATION, LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) COMMON AREA "A-1" THRU "A-4": (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) SEQUENCE #2021 SEQUENCE #2021LOTS 1-119 & COMMON AREAS "A-1"-"A-4" & "B-1"-"B-4" CA "B-1" CA "B-3" 1 2 63 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119N38°4 0 '28 "E 13 4 .0 0 'N3 8 °4 0 '28 "E 134.0 0 'N38 °40 '28 "E 134.0 0 'N38 °40 '2 8 "E 13 4 .0 0 'N3 8 °40 '2 8 "E 1 34 .0 0 'N38 °40 '28 "E 13 4 .0 0 'N38 °40 '28 "E 134.00 'N38 °4 0 '28 "E 13 4 .0 0 ' 45.00' 45.00' 45.00'N3 8 °40 '28 "E 134.0 0 ' 46 9.57'N3 8 °40 '2 8 "E 1 34 .00 'N38 °40 '28 "E 1 3 4 .0 0 ' 45.00' 45.00' 45.00' 57.35'N9°04'10"WN80°55'50"E 148.36' N80°55'50"E 134.21'45.00'N3°23'06"W 180.89'N26°09'23"E 98.03'45.00' 45.00' 45.00'N51°19'32"W 27 0.00' 45.00' 45.00' 45.00' 45.00' N80°55'50"E 129.08'45.22'45.22'N80°55'50"E 143.04' N80°55'50"E 138.56' N80°55'50"E 147.52'45.22'45.22'N51°19'32"W 135.00'45.00' 45.00' 45.00'32.47'N10°47'45"W 120.17'N9°04'10"W 120.00'N2 0 ° 3 0' 0 1 "W 1 2 7. 4 1' 145.99'N9°04'10"W 120.00'L12 46.99'N9°04'10"W 98.40'N3 0 °12'17"W 14 6.4 2' 59.43' N39°54'33"W 183.81'55.00' N49°36'49"W 156.06' 44.00' 44.00' 55.00' 62.97' 58.02' N49°36'49"W 141.03'' '25°1 L= 3" 2 1 C108 C109 C107C106 =4| C110 C111 74.62'0'06. 8 C114 N22°23'14"E 121.94'C113 C112 4 43. 2 1 ='R 47.32'' 4.6 241R=37"49'42= L 5 SV1 SV2 SV4 .'0 88.64' 0 107 8.75' 340.99'C11629°1= 00C96C95C94 N51°19'32"W 675.00' SV7 |=5 2 8 .71' 28 .71' 14°2 C104 'N3 8 °40 '28 "E 13 0 .2 0 ' N89°43'03"W 102.33'N38 °4 0 '28 "E 116 .64 'C105N3 8 °4 0 '28 "E 116 .01' C102C103 L11 N79°17'23"E 62.77' C101 R= 5' . 2 420 4 L" . 3 0=51 31.38'C10 0 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00'45.00'N38 °4 0 '2 8 "E 13 4 .0 0 'N3 8 °40 '28 "E 13 4 .00 'N3 8 °4 0 '28 "E 1 3 4 .00 'N3 8 °40 '28 "E 1 3 4 .00 'N3 8 °40 '28 "E 13 4 .00 'C98C99C9 7N38°40 '28 "E 134.0 0 'N38 °40 '28 "E 134.00 'N3 8 °40 '2 8 "E 1 3 4 .0 0 ' 45.00' 526.38' 45.00' 45.00' 45.00'N38 °40 '2 8 "E 1 3 4 .0 0 'N3 8 °40 '28 "E 1 34 .0 0 'N38 °4 0 '28 "E 1 34 .0 0 'N3 8 °40 '2 8 "E 13 4 .0 0 ' 2 S 38 °40 '28 "W34 .00 ' 343.86' .0502 7 4 .71'N51°19'32"W 74 4.95'N38 °40 '2 8 "E'229.38' = 200.99' 186.00'N80°55'50"E 578.65' 111.53' 112.03'141.00'N9°04'10"W 186.00'45.00'78.60' 111.32' |= 5.6=1 R'94 L 15°42 " 3'2 N80°55'50"E 712.08' =2 N9°04'10"W 120.00'N9°04'10"W 100.29'L1055.00' 47.66' 2.1=5 R'69L35°=3 " 0'4 55.00' 1C11 C12 70.00'70.00'C16C13C15 C10C1447.66' 5.4 02 ' S 7 5 °28'29 "E 2 31 .79'N50°15'52"W 1471.41' 0 C9| |55.00'S69°59'19"E55.00'55.00' 6,529 SF 6,600 SF 6,319 SF 6,721 SF 6,538 SF 6,336 SF 6,111 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,012 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,030 SF 6,027 SF 6,722 SF 8,223 SF 6,715 SF 9,509 SF 9,058 SF 7,225 SF 6,399 SF 6,745 SF 6,600 SF 6,486 SF 1,922 SF 1,526 SF 70,475 SF 69,853 SF "A-2" CA "A-1" CA CA "B-3" 69,853 SF 60 61 62 64 65 66 67 68 69 70 71 72 73 98 99 4 1 1 1 1*******W C HADWIC K DR MIKE ETTER BOULEVARD SEQ #20181100137 BLOCK 37 GLADDEN FARMS HDR SEQ #20181100137 BLOCK 34 GLADDEN FARMS TR 3 2 2 22 2 2 22 25 6 )DAOR CILBUP( 73100118102# QES)TEERTS CILBUP()TEER TS CILB U P( )TEERTS CILBUP( 5 5 4 4 4 *21 .0 '21 .0 '21.0'21.0' 21 .0 '21 .0 '90' R/W45.0'45.0'90' R/W45.0'45.0'=2 .= R'L35°=3 " 0'4 1 .02 '0| S 7 5 °2 8'2 9 "E 5 45 .6 7' N80°55'50"E 712.08' 0044916 334.42'AVN BONFIELDRD NWORB REKLAW W 1 2 KEYNOTES 3 4 5 6 EXISTING PUBLIC STREET NEW PUBLIC STREET DEDICATED BY THIS PLAT SITE VISIBILITY EASEMENT DEDICATED BY THIS PLAT 10'X10' ELECTRIC EASEMENT DEDICATED BY THIS PLAT 1' NO ACCESS EASEMENT DEDICATED BY THIS PLAT LANDSCAPE EASEMENT DEDICATED BY THIS PLAT AND HOME OWNERS ASSOCIATION (HOA) STREET TREE 10' PUBLIC UTILITY, ROADWAY MAINTENANCE AND SIGNAGE, LINE TABLE SIGHT VIEW SV7 125.39' N47°44'45"W SV6 68.44' N56°28'36"W SV5 62.47' N86°39'42"E SV4 112.25' N47°44'57"W SV3 101.19' N76°26'22"E SV2 90.64' N76°20'08"E SV1 118.89' N84°30'25"E ------ ------ --------- LINE # LENGTH DIRECTION SIGHT VIEW LINE TABLE LINE TABLE L12 22.00' N39°04'10"W L11 30.75' N70°19'39"E L10 20.00' N12°27'05"E L9 60.00' N11°59'40"W L8 60.00' N84°26'47"W L7 25.44' N42°22'22"E L6 60.00' N29°05'07"W L5 60.00' N79°03'12"W L4 29.70' N35°55'50"E L3 60.00' N84°02'16"W L2 60.00' N11°59'40"W L1 25.32' N41°59'02"E ------ ------ --------- LINE # LENGTH DIRECTION LINE TABLE CURVE TABLE C117 29.64' 25.00' 67°55'30" C116 56.03' 45.00' 71°20'13" C115 29.69' 25.00' 68°02'43" C114 8.06' 1245.00' 00°22'15" C113 78.91' 1245.00' 03°37'54" C112 2.08' 1245.00' 00°05'45" C111 7.41' 246.00' 01°43'35" C110 41.67' 246.00' 09°42'16" C109 41.67' 246.00' 09°42'16" C108 41.67' 246.00' 09°42'16" C107 41.67' 246.00' 09°42'16" C106 7.35' 246.00' 01°42'43" C105 39.27' 25.00' 90°00'00" C104 39.27' 25.00' 90°00'00" C103 9.11' 25.00' 20°52'50" C102 30.16' 25.00' 69°07'10" C101 241.27' 55.00' 251°20'13" C100 150.11' 55.00' 156°22'38" C99 30.38' 55.00' 31°39'12" C98 30.38' 55.00' 31°39'12" C97 30.38' 55.00' 31°39'12" C96 39.73' 25.00' 91°03'40" C95 14.40' 25.00' 33°00'26" C94 25.33' 25.00' 58°03'14" C93 38.81' 25.00' 88°56'20" C92 7.81' 246.00' 01°49'08" C91 41.67' 246.00' 09°42'16" C90 41.67' 246.00' 09°42'16" C89 41.67' 246.00' 09°42'16" C88 41.67' 246.00' 09°42'16" C87 30.51' 246.00' 07°06'25" C86 39.27' 25.00' 90°00'00" C85 4.45' 25.00' 10°12'26" C84 34.82' 25.00' 79°47'34" C83 21.86' 25.00' 50°05'45" C82 11.66' 25.00' 26°42'48" C81 44.40' 471.00' 05°24'03" C80 55.30' 471.00' 06°43'39" C79 53.57' 471.00' 06°31'01" C78 52.87' 471.00' 06°25'54" C77 53.12' 471.00' 06°27'44" C76 3.21' 204.00' 00°54'05" C75 92.06' 204.00' 25°51'22" C74 74.72' 204.00' 20°59'10" C73 136.17' 60.00' 130°01'55" C72 15.95' 60.00' 15°14'09" C71 27.35' 60.00' 26°07'14" C70 28.01' 60.00' 26°44'37" C69 30.32' 60.00' 28°57'18" C68 34.53' 60.00' 32°58'37" C67 41.81' 711.00' 03°22'11" C66 64.09' 711.00' 05°09'52" C65 64.09' 711.00' 05°09'52" C64 42.09' 711.00' 03°23'32" C63 112.62' 60.00' 107°32'53" C62 40.09' 60.00' 38°16'57" C61 33.32' 60.00' 31°49'17" C60 39.21' 60.00' 37°26'40" C59 5.89' 753.00' 00°26'53" C58 53.62' 753.00' 04°04'48" C57 53.62' 753.00' 04°04'48" C56 53.62' 753.00' 04°04'48" C55 53.52' 753.00' 04°04'21" C54 4.34' 753.00' 00°19'48" C53 39.27' 25.00' 90°00'00" C52 16.09' 25.00' 36°52'12" C51 23.18' 25.00' 53°07'48" C50 39.27' 25.00' 90°00'00" C49 16.09' 25.00' 36°52'12" C48 23.18' 25.00' 53°07'48" C47 39.27' 25.00' 90°00'00" C46 23.18' 25.00' 53°07'48" C45 16.09' 25.00' 36°52'12" C44 4.34' 993.00' 00°15'01" C43 61.69' 993.00' 03°33'35" C42 61.20' 993.00' 03°31'52" C41 61.20' 993.00' 03°31'52" C40 61.20' 993.00' 03°31'52" C39 46.58' 993.00' 02°41'15" C38 53.62' 752.61' 04°04'56" C37 53.61' 752.61' 04°04'51" C36 0.68' 752.61' 00°03'06" C35 62.17' 872.61' 04°04'56" C34 62.26' 872.61' 04°05'17" C33 0.68' 872.61' 00°02'40" C32 113.05' 60.00' 107°57'25" C31 39.43' 60.00' 37°38'53" C30 45.48' 60.00' 43°25'57" C29 28.14' 60.00' 26°52'34" C28 43.30' 1155.00' 02°08'52" C27 60.24' 1155.00' 02°59'18" C26 60.24' 1155.00' 02°59'18" C25 60.24' 1155.00' 02°59'18" C24 60.24' 1155.00' 02°59'18" C23 60.25' 1155.00' 02°59'20" C22 38.82' 1035.00' 02°08'57" C21 53.98' 1035.00' 02°59'18" C20 53.98' 1035.00' 02°59'18" C19 53.98' 1035.00' 02°59'18" C18 53.98' 1035.00' 02°59'18" C17 53.98' 1035.00' 02°59'18" C16 39.27' 25.00' 90°00'00" C15 11.39' 25.00' 26°06'14" C14 27.88' 25.00' 63°53'46" C13 39.27' 25.00' 90°00'00" C12 7.45' 25.00' 17°03'57" C11 31.82' 25.00' 72°56'03" C10 39.27' 25.00' 90°00'00" C9 39.27' 25.00' 90°00'00" C8 28.69' 755.00' 02°10'37" C7 33.34' 872.61' 02°11'21" C6 80.19' 1154.00' 03°58'53" C5 8.15' 1196.00' 00°23'26" C4 34.04' 25.00' 78°00'17" C3 33.51' 25.00' 76°48'33" C2 6.37' 471.00' 00°46'29" C1 39.27' 25.00' 90°00'00" ------- ------ ------ ----- CURVE # LENGTH RADIUS DELTA CURVE TABLE CURVE TABLE C117 29.64' 25.00' 67°55'30" C116 56.03' 45.00' 71°20'13" C115 29.69' 25.00' 68°02'43" C114 8.06' 1245.00' 00°22'15" C113 78.91' 1245.00' 03°37'54" C112 2.08' 1245.00' 00°05'45" C111 7.41' 246.00' 01°43'35" C110 41.67' 246.00' 09°42'16" C109 41.67' 246.00' 09°42'16" C108 41.67' 246.00' 09°42'16" C107 41.67' 246.00' 09°42'16" C106 7.35' 246.00' 01°42'43" C105 39.27' 25.00' 90°00'00" C104 39.27' 25.00' 90°00'00" C103 9.11' 25.00' 20°52'50" C102 30.16' 25.00' 69°07'10" C101 241.27' 55.00' 251°20'13" C100 150.11' 55.00' 156°22'38" C99 30.38' 55.00' 31°39'12" C98 30.38' 55.00' 31°39'12" C97 30.38' 55.00' 31°39'12" C96 39.73' 25.00' 91°03'40" C95 14.40' 25.00' 33°00'26" C94 25.33' 25.00' 58°03'14" C93 38.81' 25.00' 88°56'20" C92 7.81' 246.00' 01°49'08" C91 41.67' 246.00' 09°42'16" C90 41.67' 246.00' 09°42'16" C89 41.67' 246.00' 09°42'16" C88 41.67' 246.00' 09°42'16" C87 30.51' 246.00' 07°06'25" C86 39.27' 25.00' 90°00'00" C85 4.45' 25.00' 10°12'26" C84 34.82' 25.00' 79°47'34" C83 21.86' 25.00' 50°05'45" C82 11.66' 25.00' 26°42'48" C81 44.40' 471.00' 05°24'03" C80 55.30' 471.00' 06°43'39" C79 53.57' 471.00' 06°31'01" C78 52.87' 471.00' 06°25'54" C77 53.12' 471.00' 06°27'44" C76 3.21' 204.00' 00°54'05" C75 92.06' 204.00' 25°51'22" C74 74.72' 204.00' 20°59'10" C73 136.17' 60.00' 130°01'55" C72 15.95' 60.00' 15°14'09" C71 27.35' 60.00' 26°07'14" C70 28.01' 60.00' 26°44'37" C69 30.32' 60.00' 28°57'18" C68 34.53' 60.00' 32°58'37" C67 41.81' 711.00' 03°22'11" C66 64.09' 711.00' 05°09'52" C65 64.09' 711.00' 05°09'52" C64 42.09' 711.00' 03°23'32" C63 112.62' 60.00' 107°32'53" C62 40.09' 60.00' 38°16'57" C61 33.32' 60.00' 31°49'17" C60 39.21' 60.00' 37°26'40" C59 5.89' 753.00' 00°26'53" C58 53.62' 753.00' 04°04'48" C57 53.62' 753.00' 04°04'48" C56 53.62' 753.00' 04°04'48" C55 53.52' 753.00' 04°04'21" C54 4.34' 753.00' 00°19'48" C53 39.27' 25.00' 90°00'00" C52 16.09' 25.00' 36°52'12" C51 23.18' 25.00' 53°07'48" C50 39.27' 25.00' 90°00'00" C49 16.09' 25.00' 36°52'12" C48 23.18' 25.00' 53°07'48" C47 39.27' 25.00' 90°00'00" C46 23.18' 25.00' 53°07'48" C45 16.09' 25.00' 36°52'12" C44 4.34' 993.00' 00°15'01" C43 61.69' 993.00' 03°33'35" C42 61.20' 993.00' 03°31'52" C41 61.20' 993.00' 03°31'52" C40 61.20' 993.00' 03°31'52" C39 46.58' 993.00' 02°41'15" C38 53.62' 752.61' 04°04'56" C37 53.61' 752.61' 04°04'51" C36 0.68' 752.61' 00°03'06" C35 62.17' 872.61' 04°04'56" C34 62.26' 872.61' 04°05'17" C33 0.68' 872.61' 00°02'40" C32 113.05' 60.00' 107°57'25" C31 39.43' 60.00' 37°38'53" C30 45.48' 60.00' 43°25'57" C29 28.14' 60.00' 26°52'34" C28 43.30' 1155.00' 02°08'52" C27 60.24' 1155.00' 02°59'18" C26 60.24' 1155.00' 02°59'18" C25 60.24' 1155.00' 02°59'18" C24 60.24' 1155.00' 02°59'18" C23 60.25' 1155.00' 02°59'20" C22 38.82' 1035.00' 02°08'57" C21 53.98' 1035.00' 02°59'18" C20 53.98' 1035.00' 02°59'18" C19 53.98' 1035.00' 02°59'18" C18 53.98' 1035.00' 02°59'18" C17 53.98' 1035.00' 02°59'18" C16 39.27' 25.00' 90°00'00" C15 11.39' 25.00' 26°06'14" C14 27.88' 25.00' 63°53'46" C13 39.27' 25.00' 90°00'00" C12 7.45' 25.00' 17°03'57" C11 31.82' 25.00' 72°56'03" C10 39.27' 25.00' 90°00'00" C9 39.27' 25.00' 90°00'00" C8 28.69' 755.00' 02°10'37" C7 33.34' 872.61' 02°11'21" C6 80.19' 1154.00' 03°58'53" C5 8.15' 1196.00' 00°23'26" C4 34.04' 25.00' 78°00'17" C3 33.51' 25.00' 76°48'33" C2 6.37' 471.00' 00°46'29" C1 39.27' 25.00' 90°00'00" ------- ------ ------ ----- CURVE # LENGTH RADIUS DELTA CURVE TABLE C117 29.64' 25.00' 67°55'30" C116 56.03' 45.00' 71°20'13" C115 29.69' 25.00' 68°02'43" C114 8.06' 1245.00' 00°22'15" C113 78.91' 1245.00' 03°37'54" C112 2.08' 1245.00' 00°05'45" C111 7.41' 246.00' 01°43'35" C110 41.67' 246.00' 09°42'16" C109 41.67' 246.00' 09°42'16" C108 41.67' 246.00' 09°42'16" C107 41.67' 246.00' 09°42'16" C106 7.35' 246.00' 01°42'43" C105 39.27' 25.00' 90°00'00" C104 39.27' 25.00' 90°00'00" C103 9.11' 25.00' 20°52'50" C102 30.16' 25.00' 69°07'10" C101 241.27' 55.00' 251°20'13" C100 150.11' 55.00' 156°22'38" C99 30.38' 55.00' 31°39'12" C98 30.38' 55.00' 31°39'12" C97 30.38' 55.00' 31°39'12" C96 39.73' 25.00' 91°03'40" C95 14.40' 25.00' 33°00'26" C94 25.33' 25.00' 58°03'14" C93 38.81' 25.00' 88°56'20" C92 7.81' 246.00' 01°49'08" C91 41.67' 246.00' 09°42'16" C90 41.67' 246.00' 09°42'16" C89 41.67' 246.00' 09°42'16" C88 41.67' 246.00' 09°42'16" C87 30.51' 246.00' 07°06'25" C86 39.27' 25.00' 90°00'00" C85 4.45' 25.00' 10°12'26" C84 34.82' 25.00' 79°47'34" C83 21.86' 25.00' 50°05'45" C82 11.66' 25.00' 26°42'48" C81 44.40' 471.00' 05°24'03" C80 55.30' 471.00' 06°43'39" C79 53.57' 471.00' 06°31'01" C78 52.87' 471.00' 06°25'54" C77 53.12' 471.00' 06°27'44" C76 3.21' 204.00' 00°54'05" C75 92.06' 204.00' 25°51'22" C74 74.72' 204.00' 20°59'10" C73 136.17' 60.00' 130°01'55" C72 15.95' 60.00' 15°14'09" C71 27.35' 60.00' 26°07'14" C70 28.01' 60.00' 26°44'37" C69 30.32' 60.00' 28°57'18" C68 34.53' 60.00' 32°58'37" C67 41.81' 711.00' 03°22'11" C66 64.09' 711.00' 05°09'52" C65 64.09' 711.00' 05°09'52" C64 42.09' 711.00' 03°23'32" C63 112.62' 60.00' 107°32'53" C62 40.09' 60.00' 38°16'57" C61 33.32' 60.00' 31°49'17" C60 39.21' 60.00' 37°26'40" C59 5.89' 753.00' 00°26'53" C58 53.62' 753.00' 04°04'48" C57 53.62' 753.00' 04°04'48" C56 53.62' 753.00' 04°04'48" C55 53.52' 753.00' 04°04'21" C54 4.34' 753.00' 00°19'48" C53 39.27' 25.00' 90°00'00" C52 16.09' 25.00' 36°52'12" C51 23.18' 25.00' 53°07'48" C50 39.27' 25.00' 90°00'00" C49 16.09' 25.00' 36°52'12" C48 23.18' 25.00' 53°07'48" C47 39.27' 25.00' 90°00'00" C46 23.18' 25.00' 53°07'48" C45 16.09' 25.00' 36°52'12" C44 4.34' 993.00' 00°15'01" C43 61.69' 993.00' 03°33'35" C42 61.20' 993.00' 03°31'52" C41 61.20' 993.00' 03°31'52" C40 61.20' 993.00' 03°31'52" C39 46.58' 993.00' 02°41'15" C38 53.62' 752.61' 04°04'56" C37 53.61' 752.61' 04°04'51" C36 0.68' 752.61' 00°03'06" C35 62.17' 872.61' 04°04'56" C34 62.26' 872.61' 04°05'17" C33 0.68' 872.61' 00°02'40" C32 113.05' 60.00' 107°57'25" C31 39.43' 60.00' 37°38'53" C30 45.48' 60.00' 43°25'57" C29 28.14' 60.00' 26°52'34" C28 43.30' 1155.00' 02°08'52" C27 60.24' 1155.00' 02°59'18" C26 60.24' 1155.00' 02°59'18" C25 60.24' 1155.00' 02°59'18" C24 60.24' 1155.00' 02°59'18" CURVE TABLE C117 29.64' 25.00' 67°55'30" C116 56.03' 45.00' 71°20'13" C115 29.69' 25.00' 68°02'43" C114 8.06' 1245.00' 00°22'15" C113 78.91' 1245.00' 03°37'54" C112 2.08' 1245.00' 00°05'45" C111 7.41' 246.00' 01°43'35" C110 41.67' 246.00' 09°42'16" C109 41.67' 246.00' 09°42'16" C108 41.67' 246.00' 09°42'16" C107 41.67' 246.00' 09°42'16" C106 7.35' 246.00' 01°42'43" C105 39.27' 25.00' 90°00'00" C104 39.27' 25.00' 90°00'00" C103 9.11' 25.00' 20°52'50" C102 30.16' 25.00' 69°07'10" C101 241.27' 55.00' 251°20'13" C100 150.11' 55.00' 156°22'38" C99 30.38' 55.00' 31°39'12" C98 30.38' 55.00' 31°39'12" C97 30.38' 55.00' 31°39'12" C96 39.73' 25.00' 91°03'40" C95 14.40' 25.00' 33°00'26" C94 25.33' 25.00' 58°03'14" C93 38.81' 25.00' 88°56'20" C92 7.81' 246.00' 01°49'08" C91 41.67' 246.00' 09°42'16" C90 41.67' 246.00' 09°42'16" C89 41.67' 246.00' 09°42'16" C88 41.67' 246.00' 09°42'16" C87 30.51' 246.00' 07°06'25" C86 39.27' 25.00' 90°00'00" C85 4.45' 25.00' 10°12'26" C84 34.82' 25.00' 79°47'34" C83 21.86' 25.00' 50°05'45" C82 11.66' 25.00' 26°42'48" C81 44.40' 471.00' 05°24'03" C80 55.30' 471.00' 06°43'39" C79 53.57' 471.00' 06°31'01" C78 52.87' 471.00' 06°25'54" C77 53.12' 471.00' 06°27'44" C76 3.21' 204.00' 00°54'05" C75 92.06' 204.00' 25°51'22" C74 74.72' 204.00' 20°59'10" C73 136.17' 60.00' 130°01'55" C72 15.95' 60.00' 15°14'09" C71 27.35' 60.00' 26°07'14" C70 28.01' 60.00' 26°44'37" C69 30.32' 60.00' 28°57'18" C68 34.53' 60.00' 32°58'37" C67 41.81' 711.00' 03°22'11" C66 64.09' 711.00' 05°09'52" C65 64.09' 711.00' 05°09'52" C64 42.09' 711.00' 03°23'32" C63 112.62' 60.00' 107°32'53" C62 40.09' 60.00' 38°16'57" C61 33.32' 60.00' 31°49'17" C60 39.21' 60.00' 37°26'40" C59 5.89' 753.00' 00°26'53" C58 53.62' 753.00' 04°04'48" C57 53.62' 753.00' 04°04'48" C56 53.62' 753.00' 04°04'48" C55 53.52' 753.00' 04°04'21" C54 4.34' 753.00' 00°19'48" C53 39.27' 25.00' 90°00'00" C52 16.09' 25.00' 36°52'12" C51 23.18' 25.00' 53°07'48" C50 39.27' 25.00' 90°00'00" C49 16.09' 25.00' 36°52'12" C48 23.18' 25.00' 53°07'48" C47 39.27' 25.00' 90°00'00" C46 23.18' 25.00' 53°07'48" C45 16.09' 25.00' 36°52'12" C44 4.34' 993.00' 00°15'01" C43 61.69' 993.00' 03°33'35" C42 61.20' 993.00' 03°31'52" C41 61.20' 993.00' 03°31'52" C40 61.20' 993.00' 03°31'52" C39 46.58' 993.00' 02°41'15" C38 53.62' 752.61' 04°04'56" C37 53.61' 752.61' 04°04'51" C36 0.68' 752.61' 00°03'06" C35 62.17' 872.61' 04°04'56" C34 62.26' 872.61' 04°05'17" C33 0.68' 872.61' 00°02'40" C32 113.05' 60.00' 107°57'25" C31 39.43' 60.00' 37°38'53" C30 45.48' 60.00' 43°25'57" C29 28.14' 60.00' 26°52'34" C28 43.30' 1155.00' 02°08'52" C27 60.24' 1155.00' 02°59'18" C26 60.24' 1155.00' 02°59'18" C25 60.24' 1155.00' 02°59'18" C24 60.24' 1155.00' 02°59'18" C23 60.25' 1155.00' 02°59'20" C22 38.82' 1035.00' 02°08'57" C21 53.98' 1035.00' 02°59'18" C20 53.98' 1035.00' 02°59'18" C19 53.98' 1035.00' 02°59'18" C18 53.98' 1035.00' 02°59'18" C17 53.98' 1035.00' 02°59'18" C16 39.27' 25.00' 90°00'00" C15 11.39' 25.00' 26°06'14" C14 27.88' 25.00' 63°53'46" C13 39.27' 25.00' 90°00'00" C12 7.45' 25.00' 17°03'57" C11 31.82' 25.00' 72°56'03" C10 39.27' 25.00' 90°00'00" C9 39.27' 25.00' 90°00'00" C8 28.69' 755.00' 02°10'37" C7 33.34' 872.61' 02°11'21" C6 80.19' 1154.00' 03°58'53" C5 8.15' 1196.00' 00°23'26" C4 34.04' 25.00' 78°00'17" C3 33.51' 25.00' 76°48'33" C2 6.37' 471.00' 00°46'29" C1 39.27' 25.00' 90°00'00" ------- ------ ------ ----- CURVE # LENGTH RADIUS DELTA CURVE TABLE C117 29.64' 25.00' 67°55'30" C116 56.03' 45.00' 71°20'13" C115 29.69' 25.00' 68°02'43" C114 8.06' 1245.00' 00°22'15" C113 78.91' 1245.00' 03°37'54" C112 2.08' 1245.00' 00°05'45" C111 7.41' 246.00' 01°43'35" C110 41.67' 246.00' 09°42'16" C109 41.67' 246.00' 09°42'16" C108 41.67' 246.00' 09°42'16" C107 41.67' 246.00' 09°42'16" C106 7.35' 246.00' 01°42'43" C105 39.27' 25.00' 90°00'00" C104 39.27' 25.00' 90°00'00" C103 9.11' 25.00' 20°52'50" C102 30.16' 25.00' 69°07'10" C101 241.27' 55.00' 251°20'13" C100 150.11' 55.00' 156°22'38" C99 30.38' 55.00' 31°39'12" C98 30.38' 55.00' 31°39'12" C97 30.38' 55.00' 31°39'12" C96 39.73' 25.00' 91°03'40" C95 14.40' 25.00' 33°00'26" C94 25.33' 25.00' 58°03'14" C93 38.81' 25.00' 88°56'20" C92 7.81' 246.00' 01°49'08" C91 41.67' 246.00' 09°42'16" C90 41.67' 246.00' 09°42'16" C89 41.67' 246.00' 09°42'16" C88 41.67' 246.00' 09°42'16" C87 30.51' 246.00' 07°06'25" C86 39.27' 25.00' 90°00'00" C85 4.45' 25.00' 10°12'26" C84 34.82' 25.00' 79°47'34" C83 21.86' 25.00' 50°05'45" C82 11.66' 25.00' 26°42'48" C81 44.40' 471.00' 05°24'03" C80 55.30' 471.00' 06°43'39" C79 53.57' 471.00' 06°31'01" C78 52.87' 471.00' 06°25'54" Marana Town Council Regular Meeting 08/03/2021 Page 34 of 402 Legend 1:24,000 Gladden Farms Block 33 Final Plat - Location Map Notes Notes4,000.02,000.00 THIS MAP IS NOT TO BE USED FOR NAVIGATION© Latitude Geographics Group Ltd. 4,000.0 0 Feet WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Town of Marana Planning Marana Town Limits Parcel Labels Parcels (Black) Marana Town Council Regular Meeting 08/03/2021 Page 35 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 36 of 402 Council-Regular Meeting C4 Meeting Date:08/03/2021 To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:August 3, 2021 Strategic Plan Focus Area: Community Subject:Resolution No. 2021-105: Relating to Development; approving the amended Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts (Yiannis Kalaitzidis) Discussion: On May 21, 1997, the Town Council adopted Resolution No. 97-42 approving the Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts (the “CFD Policy Guidelines”). The Council has amended the CFD Policy Guidelines from time to time, most recently on August 6, 2019, via approval of Resolution No. 2019-074. On March 18, 2021, Governor Ducey signed into law HB 2317, which makes revisions to the state statutes regarding the makeup of CFD boards. Previous state legislation had provided that CFDs formed after 2018 would be governed by a board of directors comprised of the members of the Town Council, ex officio, with two additional members designated by the owner of the largest amount of privately-owned acreage in the proposed district and who are appointed by Town Council. The addition of these two additional board members created liability and insurance issues for CFD boards. HB 2317 revises the statutes to provide that the two additional board members will only be appointed upon request of the applicant. Moreover, if the two additional board members are requested, the statute provides that the Town Council may state that the two board members are permanently advisory and non-voting. The proposed updated CFD Policy Guidelines on tonight's agenda include changes to Section 2.4 to conform to the state law revisions. Marana Town Council Regular Meeting 08/03/2021 Page 37 of 402 If approved, the amendments would be effective for all future CFDs. A clean copy of the updated policy and a redline comparison of the current policy, as adopted in 2019, to the proposed updated version are attached to this item. Staff Recommendation: Staff recommends adoption of Resolution No. 2021-105, approving the amended Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts. Suggested Motion: I move to adopt Resolution No. 2021-105, approving the amended Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts. Attachments Resolution 2021-105 Exhibit A - Updated CFD Policy Guidelines Redline comparison of current policy to proposed updated policy Marana Town Council Regular Meeting 08/03/2021 Page 38 of 402 00076559.DOCX /1 Resolution No. 20 21-105 - 1 - MARANA RESOLUTION NO. 202 1-105 RELATING TO DEVELOPMENT; APPROVING THE AMENDED TOWN OF MARANA POLICY GUIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS WHEREAS A.R.S. § 48-701 et. seq. provides for the establishment of community facilities districts (CFD) which provide a funding mechanism to finance con struction, operation, and maintenance of public infrastructure within the boundaries of a CFD; and WHEREAS on May 21, 1997, the Town Council adopted Resolution No. 97 -42 approving the Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts (the “CFD Policy Guidelines”); and WHEREAS from time to time the Town Council has amended the CFD Policy Guidelines, most recently on August 6, 2019, via approval of Resolution No. 2 019-074; and WHEREAS, on March 18, 2021, Arizona Governor Doug Ducey signed into law HB 2317, revising A.R.S. § 48-701 et. seq.; and WHEREAS the Town Council finds that the proposed amendments to the Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts in conformance with HB 2317 are in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The amended Town of Marana Pol icy Guidelines and Application Procedures for the Establishment of Community Facilities Districts , attached to this resolution and incorporated by this reference as Exhibit A, are 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, obligations, and objectives of the amended CFD Policy Guidelines . Marana Town Council Regular Meeting 08/03/2021 Page 39 of 402 00076559.DOCX /1 Resolution No. 20 21-105 - 2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 40 of 402 Exhibit A to Marana Resolution No. 2021-105 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 1 - TOWN OF MARANA, ARIZONA POLICY GUIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS* In order to secure for the Town of Marana, Arizona (the “Town”) the benefits of the Community Facilities Act† (the “Act”) and to promote the best interests of the Town, the following CFD Policy Guidelines and Application Procedures (these “CFD Policy Guidelines ”) have been adopted by the Town Council. A community facilities district (“CFD”) provides a funding mechanism to finance construction, operation, and maintenance of public infrastructure within the boundaries of the CFD, and to better enable the Town to provide municipal services within the boundaries of the CFD. The Town Council recognizes the ability of the CFD to permit the construction of infrastructure that might otherwise not be constructed. For these reasons, the Town Council has established these CFD Policy Guidelines. Considering that the establishment of a CFD is the legal equivalent of the establishment of an entirely new municipal entity within the boundaries of the Town, the Town Council believes that the formation of the CFD should be entered into carefully, to ensure its lasting success. ARTICLE 1. GENERAL POLICIES 1.1. CFDs should be utilized primarily in connection with the financing of major infrastructure for development of residential projects, master planned communities or projects which include resort hotels or substantial commercial development. 1.2. Priority should be given to CFDs that provide an enhanced level of public infrastructure amenities and/or municipal services. CFD financing will not be provided for public infrastructure improvements which are normally expected as part of a development. Public improvements financed by a CFD should be in conformance with the Town’s General Plan in order to encourage orderly growth and development. 1.3. All costs incurred by the Town and the CFD in connection with the CFD application, formation, and administration, and all operation expenses appurtenant to the CFD, will be paid by the developer/landowner (the “Applicant ”) through advance payments as provided in these CFD Policy Guidelines. Payment shall include payment for services rendered by Town and CFD staff as well as services rendered by outside cons ultants who may be retained by the Town or the CFD, including but not limited to bond counsel, financial advisors, engineers , and appraisers. If the Town or CFD uses outside consultants as “staff,” such as attorneys or engineers, those consultants will also be paid their customary rate for services. If authorized by the CFD Board, exercising its sole discretion, all or part of such costs may be paid by a CFD tax levy or reimbursed to the Applicant from a CFD tax levy, CFD assessment, CFD revenues, or CFD bond proceeds, so long as such reimbursement is in conformance with federal law, state law, and these CFD Policy Guidelines. * Adopted by Marana Resolution No. 97-42 (5/21/1997); amended by Marana Resolution No. 2004-161 (11/5/04), Marana Resolution No. 2019-034 (06/04/2019), Marana Resolution No. 2019-074 (08/06/2019), and Marana Resolution No. 2021-105 (8/3/2021). † Arizona Revised Statutes section (A.R.S. §) 48-701 et. seq., as amended. Marana Town Council Regular Meeting 08/03/2021 Page 41 of 402 Exhibit A to Marana Resolution No. 2021-105 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 2 - 1.4. The Town will encourage an area to be governed by as few CFDs as possible, and a preference will be given to one master CFD. These CFD Policy Guidelines are adopted to provide ease of administration and the largest tax/revenue base possible. The decision to form a CFD shall be a decision of the Town Council exercised in its sole and absolute discretion. 1.5. Unless otherwise agreed to by the Town, a CFD formed after 2018 will be governed by a board of directors comprised of the members of the Town Council, ex officio, with two additional members designated by the owner of the largest amount of privately-owned acreage in the proposed district and who are appointed by Town Council. The day-to-day responsibilities of the CFD will be performed by Town staff or, pursuant to a contract, by outside personnel. At the sole option of the CFD Board, advisory committees may be utilized. 1.6. Unless otherwise agreed to by the Town, the CFD must be self-supporting from the standpoints of financing, operations, and maintenance. No Town funds will be used for CFD purposes. Notwithstanding anything contained in these CFD Policy Guidelines, neither the property, the full faith and credit, nor the taxing power of the Town shall be pledged to the payment of any CFD obligation or indebtedness. 1.7. The CFD Board will determine, in its sole and absolute discretion, the amount, timing, and form of financing to be used by a CFD after review of the project feasibility report , Member Appraisal Institute (“MAI”) property appraisals (utilizing the appropriate appraisal methodology) acceptable to the CFD Board, and other required pertinent information. 1.8. A key tenet of these CFD Policy Guidelines is the financial protection of homeowners within a CFD. As such, these CFD Policy Guidelines include provisions that attempt to protect homeowners from financial liability in excess of targeted tax rate s and assessments. Similarly, these CFD Policy Guidelines include provisions designed to meet all financial obligations and/or legal exposures of the CFD. 1.9. The CFD will construct all public improvements utilizing public bidding procedures in accordance with applicable laws, rules, and regulations and as would be applied by the Town in a construction project for the Town. In general, this requires compliance with Arizona Revised Statutes Title 34 and the Town of Marana Procurement Code (Town Code Chapter 3-4). 1.10. The CFD will not use bond proceeds or other CFD funds to purchase public rights -of-way or other real property to be used for public infrastructure improvements, if such real property would be required to be dedicated and conveyed to the Town by the Applicant upon development of its property. 1.11. CFD bond proceeds will not be used for public infrastructure improvements which are included in an infrastructure improvements plan adopted in support of a development impact fee . 1.12. The Town retains the right to select all consultants necessary for the evaluation of any application and the proceedings for the formation of a CFD and the iss uance of CFD bonds. This includes but is not limited to any special tax consultant, bond counsel, underwriter, appraiser, engineer, or any other consultant deemed necessary by the Town or the CFD Board. 1.13. These CFD Policy Guidelines may be modified from time to time by the Town. Any applicant will be given the opportunity to propose alternative approaches to those provided herein, with the understanding that concerns of the Town must be adequately addressed before the staff of the Town will recommend approval of a CFD by the Town Council. Marana Town Council Regular Meeting 08/03/2021 Page 42 of 402 Exhibit A to Marana Resolution No. 2021-105 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 3 - ARTICLE 2. CONTENT OF APPLICATI ON 2.1. Completed Application. Pursuant to A.R.S. § 48-702(B), the Applicant shall submit a completed application for the formation of a CFD (the “Completed Application”) to the Town’s Finance Department before the Town will consider forming a CFD. The Completed Application shall, at a minimum, contain the information set forth below and must be organized in the manner described in this Article. 2.2. Petition in Favor of Formation. The Completed Application shall include a petition signed by the owners of at least 25% of the land area proposed to be included in the CFD. The petition must include a list of all parcels in the proposed CFD along with the parcel number, owner names, situs address and lot size (parcel square footage or acreage) for each individual parcel. 2.3. Applicant Information. The Completed Application shall include: a. A description of the Applicant, including its corporate and organizational structure, and the names of all officers and corporate directors of the Applicant. b. The name, address, telephone number, and email address of the Applicant’s primary contact. c. The names, addresses, telephone numbers, and email addresses of any legal representatives, engineers, architects, financial consultants or other consultants of the Applicant or significantly involved in the application. d. A general description of the Applicant’s experience with similar types of developments. e. Evidence demonstrating the Applicant ’s ability and capacity (including financial statements and supporting information) to undertake the proposed public infrastructure and private development. 2.4. Board Member Information. Pursuant to A.R.S. § 48-702(C)(8), the Applicant may request to appoint two additional CFD Board members to govern the CFD, along with the members of the Town Council ex officio. Pursuant to A.R.S. § 48-705(A), at the sole discretion of the Town Council, the resolution ordering the formation of the CFD may state that the two additional CFD Board member positions shall permanently be advisory, nonvoting members of the CFD Board. If the Applicant requests to appoint two additional CFD Board members , the Completed Application shall describe the process for the designation of the two additional CFD Board members, including the following: a. The names, addresses, telephone numbers, email addresses, backgrounds, qualifications, and other relevant information of the two proposed additional CFD Board members to be designated by the owner of the largest amount of privately owned acreage in the proposed CFD. b. The process for the designation of the two additional CFD Board members on completion of the development of all property in the CFD, and on expiration of the term of such Board members or vacancy because of death, resignation, or inability to discharge duties. c. Documentation evidencing each proposed CFD Board member’s acknowledgment of his or her obligation to comply with Arizona Revised Statutes Title 38 (“Public Officers and Employees ”), Chapter 3 (“Conduct of Office”), Article 3.1 (“Public Meetings and Proceedings”). Marana Town Council Regular Meeting 08/03/2021 Page 43 of 402 Exhibit A to Marana Resolution No. 2021-105 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 4 - d. Unqualified hold harmless and indemnity gua rantees to the Town, the CFD, and officers, agents and employees of the Town and the CFD for the actions and conduct of each proposed CFD Board member. 2.5. Proposed CFD . The Completed Application shall include: a. A description of how the proposed CFD meets the existing development objectives of the Town, including the degree to which the CFD is consistent with the goals of the Town ’s General Plan for promoting orderly development, consistent with growth management policies and zoning requirements and the degree to which the land use plan for the CFD is consistent with the Town’s General Plan Map for the area. b. A general description of the proposed CFD with an analysis of the appropriateness of the CFD boundaries. c. A legal description of the proposed CFD boundaries with an accompanying depiction. d. A current title report showing the names and addresses of persons with any interest in the land within the proposed CFD boundaries. e. A certificate from the respective county elections department(s) showing the names and addresses of all qualified electors in the proposed CFD boundaries. 2.6. Project Description and Proposed Improvements . The Completed Application shall include: a. A general plan setting out a detailed description of the types of public infra structure to be financed by the CFD, including the estimated construction or acquisition costs of the public infrastructure and the annual operation and maintenance costs of the public infrastructure and the governmental approvals that will be required for both the public and private improvements to be constructed and operated within the proposed CFD. b. A proposed project schedule for commencement and completion of the public infrastructure and the private development within the proposed CFD. 2.7. Financing Plan. The Completed Application shall include a detailed description of the financing plan that includes the sources and uses of monies to be used to cover the capital, operating, and maintenance costs for the public infrastructure within the proposed CFD, including the proposed types and amounts of tax-exempt/taxable bonds requested to be considered for the public improvements. 2.8. Financial Feasibility Study. The Completed Application shall include a financial feasibility study, covering the period of time until the last proposed bond of the CFD will be paid, for the entire project being developed on the property in the proposed CFD, including both the public infrastructure and the private development. The financial feasibility study shall include: a. An analysis of how the proposed debt financing, operation and maintenance costs, user charges and other CFD costs will be allocated and what will be the impact to the ultimate end users of the property, specifically projected property taxes and property tax rates , special assessments, fees, charges and any other costs that would be borne by property in the CFD. The analysis shall also address the impact these costs will have on the marketability of the private development and a comparison of proposed tax rates or charges within the proposed CFD contrasted with the tax rates and charges within the proposed Marana Town Council Regular Meeting 08/03/2021 Page 44 of 402 Exhibit A to Marana Resolution No. 2021-105 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 5 - CFD contrasted to the tax rates and changes in adjoining and similar areas outside of the proposed CFD. b. A financing plan for the private development in the CFD. c. A market absorption study for the private development in the CFD, prepared by an independent consultant acceptable to the Town, which shall include estimates of the revenue to be generated by the development, an estimate of the ability of the market to absorb the development, and a market absorption calendar for the development. d. A value-to-lien ratio analysis based on the requirements of these CFD Policy Guidelines . The value portion of the analysis shall be the estimated value of the property within the CFD determined per subparagraph 4.6.g.iii below. The lien portion of the analysis shall be the sum of the principal amount of any outstanding CFD public financing and the proposed public financing. e. A description and estimated amounts of the proposed equity contribution from the Applicant and a calendar showing the timing of such equity contribution. 2.9. Insurance . The Completed Application shall provide an e xplanation of how insurance coverage shall be provided by the Applicant and how assurances will be provided that premiums and deductibles will be paid in the future. The Applicant is responsible for the cost of insurance to cover all actions and activities taken by the Board of Directors and officers of the CFD relating to the CFD formation, financing, administrative actions or other related activities of the types, in amounts and with deductibles determined by the Risk Manager of the Town. Insurance must include “per occurrence coverage” including a “securities” rider if bonds are to be sold. 2.10. Indemnification. The Completed Application shall indicate how indemnification as required by the Development Agreement will be provided by the Applicant to the Town and the CFD and their agents, officers, and employees for, from, and against any and all liabilities, claims , costs and expenses, including attorneys’ fees, incurred in any challenge or proceeding to the formation, operation, administration of the CFD, the offer and sale of CFD bonds, the levying by the CFD of any tax, assessment or charge and the operation and maintenance of public infrastructure financed or owned by the CFD. The Completed Application shall include financial statements and other supporting information for the entity providing the indemnification and shall provide appropriate collateral to cover the indemnity. 2.11. Other Information. The Completed Application shall include: a. A detailed description of the proposed marketing plan to be used by the Applicant and/or home builders to market property within the CFD. This information may include, but is not limited to, descriptions and cost estimates of public infrastructure improvemen ts to be financed by the CFD and a comparison of the proposed CFD to similar CFDs in the area. b. A homebuyer disclosure form with a signed acknowledgement of receipt by the initial homebuyer of each lot in the CFD, in which the Applicant or home builder explains to prospective CFD landowners all of the following: i. The existence of the CFD. ii. The purposes for which the CFD was formed. Marana Town Council Regular Meeting 08/03/2021 Page 45 of 402 Exhibit A to Marana Resolution No. 2021-105 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 6 - iii. The CFD’s expected and possible secondary property tax rate. iv. The estimated annual secondary tax amount based on applying the CFD’s expected and possible secondary property tax rate to a representative residential property value . v. Assessment and other financial burdens of the CFD. c. The Applicant’s description of the signing and record-keeping processes to be used for retaining all signed homebuyer disclosure forms, which shall include a requirement that the Applicant or home builder shall file with the Town a copy of each signed homebuyer disclosure form within 30 days of sale. d. An operating plan for the CFD, explaining what functions the CFD will provide and how the operation and maintenance of the infrastructure and all other services in the CFD will be provided. e. The District Development and Financing Participation Agreement between the Town and the Applicant (the “Development Agreement ”) in substantially final form, including all terms and provisions to be approved by the Town if formation of a CFD is approved. The Development Agreement must include matters required by the Act , including without limitation the subdivision public report requirements at A.R.S. § 48-708 (D), and must have been fully negotiated by the Applicant and Town staff, with agreement by both parties. ARTICLE 3. APPLICATION PROCEDUR ES 3.1. The original and one electronic copy of the application for the formation of a CFD shall be submitted to the Finance Director of the Town who will coordinate an interdepartmental analysis of each application. 3.2. At the time of submission of the application, the applicant shall pay an application fee of $15,000.00. 3.3. Prior to submission of a Completed Application, and at the request of a potential Applicant , the Finance Director may arrange a pre -application conference with the potential Applicant , appropriate Town staff, and outside professionals and consultants, for the purpose of discussing the possible submission of a Completed Application for conformity with these CFD Policy Guidelines. 3.4. The Applicant shall provide any and all supplemental information requested by Town staff at or following the pre-application conference or any other time during the application pr ocess. 3.5. The review, analysis and consideration of a Completed Application will include: a. A comprehensive review of the completed application to determine whether the completed application is consistent with these CFD Policy Guidelines, identification of miss ing or incomplete information and identification and discussion of any concerns with the Applicant. This will include, but will not be limited to, examining the project feasibility, analysis of land ownership interests, financing analyses, risk analysis and evaluation of community benefits. b. Under the direction of the Finance Director, a report may be prepared including recommendations related to the proposed CFD and an analysis of the impact of the formation of the proposed CFD and its effects on the Town. The report may recommend that additional requirements be placed on the Applicant, on any related developer , Marana Town Council Regular Meeting 08/03/2021 Page 46 of 402 Exhibit A to Marana Resolution No. 2021-105 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 7 - landowner, or builder, and/or on the proposed CFD itself. This review will include the preliminary approval of the form, terms and provisions of the “substantially complete ” Development and Financing Participation Agreement necessary for formation of a CFD. 3.6. Within 60 days after the Applicant’s submission of a Completed Application, the Town Council shall hold a public hearing to consider the Completed Application. A resolution declaring the intent to form a CFD may be considered by Town Council immediately following the public hearing. If the Town Council does not adopt the resolution, it will provide a written basis for not adopting the resolution and shall identify the specific changes needed for the completed application to be approved. 3.7. If an application includes a petition for formation signed by owners of a ll of the land in the proposed CFD and meets all the requirements of Article 2 in form satisfactory to the Town, the Town may declare the CFD formed without posting, publication, mailing, notice and public hearings or landowner election. Otherwise, the alternative provisions of the Act must be followed. 3.8. If the Town Council approves the formation of a CFD, any existing agreements with the Applicant for the provision of infrastructure proposed to be furnished by the CFD will be deemed amended to reflect the agreements and conditions pertaining to the CFD. The amendments will reflect that such infrastructure improvements will be provided (including by acquisition) by either the Applicant or the CFD. 3.9. If the Town Council approves an application for formation of a CFD, the Applicant and Town staff shall coordinate a schedule of events for formation of the CFD and shall finalize negotiat ion of the Development Agreement, which shall be entered into prior to or concurrently with formation of the CFD and which shall incorporate the requirements of any report or recommendations of Town staff relating to the CFD, the requirements of these CFD Policy Guidelines, and any other restrictions and provisions required by the Town. ARTICLE 4. CFD OPERATIONS AND D EBT FINANCING 4.1. The Applicant shall be obligated to pay costs and expenses incurred in connection with the formation, review of any feasibility study, election costs, administra tion, operation, and maintenance of the CFD or its public improvements. a. Upon formation of a CFD the Applicant shall deposit with the Town’s Finance Department a non-refundable administrative expense fee in the amount of $50,000. The administrative expense fee shall be applied by the Town to the costs and expenses incurred in connection with the formation, review of any feasibility study, election costs, administration, operation, and maintenance of the CFD or its public improvements. From time to time, upon depletion of the administrative expense fee, the Town may request, and the Applicant shall promptly deposit, additional $25,000 deposits to be applied to the purposes contemplated in this Section 4.1. b. An ad valorem tax of $.30 per $100 of assessed valuation for all real and personal property in the CFD shall be assessed pursuant to A.R.S. § 48-723 to cover administrative, operation, and maintenance expenses incurred by the CFD and by the Town for the benefit of the CFD. CFD administration, operation, and maintenance costs will be paid first from the proceeds of this ad valorem tax, and then from the Applicant’s deposit referenced in subsection 4.1.a above. Marana Town Council Regular Meeting 08/03/2021 Page 47 of 402 Exhibit A to Marana Resolution No. 2021-105 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 8 - c. The Applicant shall provide $100,000 in the form of a cash contribution, letter of credit, or other acceptable form of security, which shall be bankruptcy proof, as required by the CFD Board, to secure the Applicant’s obligation to pay costs and expenses incurred in connection with administration, operation, and maintenance of the CFD or its public improvements. d. The security required under subsections 4.1.a and 4.1.c above shall remain in full force and effect until the assessed value of real property in the CFD generates at least $100,000 per year ad valorem taxes from the $.30 per $100 of assessed valuation assessed pursuant to A.R.S. § 48-723 for a period of three consecutive years or until the CFD is dissolved pursuant to A.R.S. § 48-724. e. The Applicant remains obligated to pay costs and expenses incurred in connection with the CFD notwithstanding any release of security. 4.2. In connection with any request for debt financing, the Applicant shall provide a current appraisal of the fair cash market value of the property within the proposed CFD which is to be taxed or assessed, prepared by a person who is designated as a Member Appraisal Institute (“MAI”) and a certified general real estate appraiser (such person hereafter referred to as an “MAI Appraiser”), such appraisal to be in form and substance acceptable to the Town, in its sole discretion. 4.3. The amount of CFD debt shall not have any substantial direct or indirect negative impacts on the debt or financing capabilities of the Town, and the CFD debt shall not impose an unreasonable financial burden on future CFD residents. 4.4. General obligation bonds of the CFD are secured by an ad valorem tax on all taxable property located within the CFD. An Applicant seeking the issuance of CFD general obligation bonds shall describe in each project feasibility report the following: a. The current direct and overlapping tax and assessment burden on the taxable property that is proposed to be taxed and the full cash value and assessed valuation of the taxable property as shown on the most recent assessment roll. b. The amount and timing of CFD general obligation bonds to be issued. c. The expected market absorption of development within the CFD. d. The effect of the CFD bond issuance on CFD tax rates, calculated as of the beginning, midway through, and at the end of the market absorption period , or based on the phasing of the project to be financed, as applicable. e. Estimated savings, if any, to residents in the form of reduced home sales prices which are projected to result from CFD financing. f. The proposed total tax rate of the CFD. i. If the pre-established debt service target tax rate is not sufficient to pay the entire debt service in respect of outstanding general obligation bonds when due at the time of issuance thereof, the Applicant will be required to contribute an amount annually sufficient to pay the difference between the revenues produced by the pre -established target tax rate and the actual CFD debt service coming due in that fiscal year. Marana Town Council Regular Meeting 08/03/2021 Page 48 of 402 Exhibit A to Marana Resolution No. 2021-105 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 9 - ii. To secure the Applicant’s payment of the contribution described in the preceding subparagraph, the Applicant shall provide security in the form of a cash contribution, letter of credit, or other acceptable form of security, which shall be bankruptcy proof, as required by the CFD Board, such that the total amount of all such security is equal to the larger of (i) three times the difference between Cumulative Maximum Annual Debt Service (“CMADS”) and the estimated taxes to be collected in the year immediately following the year of bond issuance or (ii) one times CMADS. Any security provided by the Applicant and held by the CFD for prior bond sales will be taken into account for the purpose of determining the amount of security required for each subsequent bond issuance. CMADS is the maximum annual debt service with respect to all series of bonds outstanding, including, on the date of issuance of a series of bonds, the series of bonds then being issued . All of the foregoing items need to be described in detail. A cash flow schedule illustrating the security amount and the time period required to cover such shortfall will be required to be submitted by the Applicant prior to the issuance of general obligation bonds. The security shall remain in full force and effect until all of the bonds are paid off or the assessed value of real property in the CFD generates ad valorem taxes at the pre-established CFD target tax rate sufficient to pay CMADS for a period of three consecutive tax years beginning the year immediately following the final bond issuance. g. Whether the bonds will be publicly offered or privately place d. Publicly offered bonds must be rated in one of the four highest investment grade ratings from Standard & Poor ’s Corporation, Moody’s Investors Services, Inc., or another nationally recognized bond rating service. Privately placed bonds need not be rated ; however, the purchasers of such general obligation bonds must be “qualified institutional buyers” (as that term is defined in Rule 144A of the Securities Exchange Commission) and must agree not to resell the bonds except to “qualified institutional buyers” in a private placement ; provided, however, that a purchaser of general obligation bonds in a private placement may sell the bonds in a public offering if the CFD board approves the public sale and the bonds have an investment grade rating. 4.5. Revenue bonds shall be payable from a CFD revenue source. An Applicant seeking the issuance of CFD revenue bonds must describe in each project feasibility report, the following: a. The current direct and overlapping tax and assessment burdens on the taxable property within the CFD and the full cash value and assessed valuation of that taxable property as shown on the most recent assessment roll. b. The revenue source from which bonds will be payable. The Town reserves the right to require the applicant to produce such independently prepared feasibility studies or reports as it deems necessary to confirm the amount and availability of revenues. c. The expected market absorption of development within the CFD. d. The amount and timing of CFD revenue bonds to be issued. e. The financial impact of the proposed issue(s) on prospective residents. f. Whether the bonds will be publicly offered or privately placed. Publicly offered revenue bonds must be rated in one of the four highest investment grade ratings from Standard & Poor’s Corporation, Moody’s Investors Service, Inc., or another nationally recognized Marana Town Council Regular Meeting 08/03/2021 Page 49 of 402 Exhibit A to Marana Resolution No. 2021-105 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 10 - bond rating service. Privately place bonds need not be rated; however, the purchasers of such revenue bonds must be “qualified institutional buyers” and must agree not to sell the bonds except to “qualified institutional buyers” in a private placement; provided, however, that a purchaser of a revenue bond in a private placement may sell the bonds in a public offering if the CFD board approves the public sale and the bonds have an investment grade rating. 4.6. Assessment bonds shall be secured by first lien (subject only to the lien for general taxes and prior special assessments) on the property benefited. An Applicant seeking the issuance of CFD assessment bonds shall describe in the application a nd in each project feasibility report, the following: a. The current direct and overlapping tax and assessment burdens on real property to comprise the CFD and the full cash value and assessed valuation of that property as shown on the most recent assessment roll. b. The amount and timing of CFD assessment bonds to be issued. c. The expected market absorption of development within the CFD. d. The assessment burden to be placed on prospective residents. e. Whether the assessments will be paid upon the sale of lots by the Applicant or will remain on the property after sale. f. If assessed parcels of land are expected to be subdivided, the process by which the assessments will be allocated to the subdivided land. g. Whether the assessment bonds will b e publicly offered or privately placed. i. Publicly offered assessment bonds must be rated in one of the four highest investment grade ratings from Standard & Poor’s Corporation, Moody’s Investors Service, Inc., or another nationally recognized bond rating service. Alternatively, in an unrated public offering, the Applicant shall provide an independent fee appraisal of the land to be encumbered, prepared by an MAI Appraiser and in form and substance acceptable to the CFD Board, in its sole discretion, evidencing 1) A land value to debt ratio of at least 4 to 1 prior to the issuance of debt for extraordinary public infrastructure requirements (as defined in subparagraph 5.5.b below). 2) A land value to debt ratio of at least 6 to 1 prior to the issuance of de bt in all other circumstances. ii. Privately placed bonds need not be rated; however the purchasers of such assessment bonds must be “qualified institutional buyers” who must agree to hold the bonds for their own account or agree not to sell the bonds except to “qualified institutional buyers.” In connection with the sale of unrated privately placed assessment bonds, the Applicant shall provide an independent fee appraisal of the land to be encumbered, prepared by an MAI Appraiser and in form and substance acce ptable to the CFD Board, in its sole discretion, indicating a land value to debt ratio of at least 4 to 1 as of a date prior to the issuance of debt. Marana Town Council Regular Meeting 08/03/2021 Page 50 of 402 Exhibit A to Marana Resolution No. 2021-105 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 11 - iii. The independent fee appraisal provided by the Applicant for an unrated public offering (subparagraph i above) or for privately placed bonds (subparagraph ii above) shall value the property as follows: 1) Where the bonds will be used to pay for extraordinary public infrastructure requirements (as defined in subparagraph 5.5.b below), the appraisal shall be based on the appraised value of the land to be encumbered including the value of constructed or expected to be constructed public improvements. The value of public improvements expected to be constructed will only be considered if adequate security (performance bond or similar) is in place to ensure that the asse ts are constructed. 2) In all other circumstances, the appraisal shall be based on the appraised value of the land to be encumbered at its bulk wholesale value prior to any private or public improvements being installed. 4.7. Notwithstanding the restrictions pertaining to public sales and private placements of the bonds set forth in this Article 4, the restrictions may be modified if other financing structures are presented which, in the sole discretion of the CFD Board, provide other means to address CFD concerns. ARTICLE 5. FINANCING CONSIDERATIONS 5.1. The Applicant shall provide at least $0.25 in infrastructure or community improvements for each $1.00 of debt to be issued by a CFD to finance public infrastructure purposes. If agreed to by the CFD, prior infrastructure and community improvements constructed or acquired by the Applicant and benefiting the property within the CFD may be included in calculating the Applicant’s compliance with this Section 5.1. 5.2. If allowed by law, all bond issues shall include a debt service reserve fund in an amount acceptable to the CFD Board. 5.3. Privately placed bonds shall have minimum authorized denominations of $100,000. 5.4. A general obligation bond authorization for a CFD shall expire no later than the earlier of the 15th anniversary of the first bond issuance or 75% of development lots. Under extenuating circumstances the CFD Board may, in its sole and absolute discretion, extend this period. 5.5. In further consideration of the types of debt obligations used to finance the acquisition or construction of eligible public infrastructure, the following shall guide CFD obligations : a. Routine Public Infrastructure Requirements. General obligation bonds shall be the preferred financing mechanism for CF Ds with routine public infrastructure requirements . The pre-established debt service target tax rate shall be levied upon all CFD taxable property. b. Extraordinary Public Infrastructure Requirements. General obligation bonds and/or special assessment bonds may be used for any portion of extraordinary public infrastructure required for the CFD. Extraordinary public infrastructure requirements are those infrastructure elements not routinely required for a development project. Examples of extraordinary public infrastructure include but are not necessarily limited to transportation interchanges, water reclamation facilities, water treatment campus es, and similar regional public infrastructure improvements. The pre-established debt service target tax rate shall Marana Town Council Regular Meeting 08/03/2021 Page 51 of 402 Exhibit A to Marana Resolution No. 2021-105 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 12 - not be exceeded and shall be levied upon all CFD taxable property for any general obligation bonds, as applicable. Special assessment liens shall not exceed the value-to-lien ratio described in subparagraph 4.6.g above on a per lot basis. 5.6. The Applicant or a third party acceptable to the Town and the CFD Board shall indemnify the Town and the CFD and their agents and employees and shall hold the Town a nd the CFD and their agents and employees harmless for, from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, incurred in any challenge or proceeding to the formation, operation, administration of the CFD, the offer and sale of CFD bonds, the levying by the CFD of any tax, assessment or charge and the operation and maintenance of public infrastructure financed or owned by the CFD. 5.7. The Applicant shall obtain and pay the cost of a directors and officers (D&O) insurance policy to cover all actions and activities taken by the CFD Board and officers of the CFD relating to the CFD formation, financing, administrative actions and other related activities . The Applicant shall deposit the amount of any deductible under the D&O insurance policy in escrow with the CFD Board or shall provide security acceptable to the CFD Board for the amount of the deductible. The amount of the D&O coverage shall at all times equal or exceed $2,000,000 per occurrence and $2,000,000 aggregate. The CFD Board may increase the D&O coverage from time to time commensurate with increases in coverage obtained by the Town for its directors and officers. 5.8. Unless otherwise provided to the Town pursuant to other requirements, prior to CFD financing and acquisition by the CFD or Town, the CFD or Town will require an independent environmental report or assessment of any real property which will be dedicated to or otherwise owned, leased or operated by the Town or the CFD and a proposed form or indemnity agreement with respect to all environmental liability. Marana Town Council Regular Meeting 08/03/2021 Page 52 of 402 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 1 - TOWN OF MARANA, ARIZONA POLICY GUIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS* In order to secure for the Town of Marana, Arizona (the “Town”) the benefits of the Community Facilities Act† (the “Act”) and to promote the best interests of the Town, the following CFD Policy Guidelines and Application Procedures (these “CFD Policy Guidelines ”) have been adopted by the Town Council. A community facilities district (“CFD”) provides a funding mechanism to finance construction, operation, and maintenance of public infrastructure within the boundaries of the CFD, and to better enable the Town to provide municipal services within the boundaries of the CFD. The Town Council recognizes the ability of the CFD to permit the construction of infrastructure that might otherwise not be constructed. For these reasons, the Town Council has established these CFD Policy Guidelines. Considering that the establishment of a CFD is the legal equivalent of the establishment of an entirely new municipal entity within the boundaries of the Town, the Town Council believes that the formation of the CFD should be entered into carefully, to ensure its lasting success. ARTICLE 1. GENERAL POLICIES 1.1. CFDs should be utilized primarily in connection with the financing of major infrastructure for development of residential projects, master planned communities or projects which include resort hotels or substantial commercial development. 1.2. Priority should be given to CFDs that provide an enhanced level of public infrastructure amenities and/or municipal services. CFD financing will not be provided for public infrastructure improvements which are normally expected as part of a development. Public improvements financed by a CFD should be in conformance with the Town’s General Plan in order to encourage orderly growth and development. 1.3. All costs incurred by the Town and the CFD in connection with the CFD application, formation, and administration, and all operation expenses appurtenant to the CFD, will be paid by the developer/landowner (the “Applicant ”) through advance payments as provided in these CFD Policy Guidelines. Payment shall include payment for services rendered by Town and CFD staff as well as services rendered by outside consultants who may be retained by the Town or the CFD, including but not limited to bond counsel, financial advisors, engineers , and appraisers. If the Town or CFD uses outside consultants as “staff,” such as attorneys or engineers, those consultants will also be paid their customary rate for services. If authorized by the CFD Board, exercising its sole discretion, all or part of such costs may be paid by a CFD tax levy or reimbursed to the Applicant from a CFD tax levy, CFD assessment, CFD revenues, or CFD bond proceeds, so long as such reimbursement is in conformance with federal law, state law, and these CFD Policy Guidelines. * Adopted by Marana Resolution No. 97-42 (5/21/1997); amended by Marana Resolution No. 2004-161 (11/5/04), Marana Resolution No. 2019-034 (06/04/2019), and Marana Resolution No. 2019-074 (08/06/2019), and Marana Resolution No. 2021- xxx (8/3/2021). † Arizona Revised Statutes section (A.R.S. §) 48-701 et. seq., as amended. Marana Town Council Regular Meeting 08/03/2021 Page 53 of 402 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 2 - 1.4. The Town will encourage an area to be governed by as few CFDs as possible, and a preference will be given to one master CFD. These CFD Policy Guidelines are adopted to provide ease of administration and the largest tax/revenue base possible. The decision to form a CFD shall be a decision of the Town Council exercised in its sole and ab solute discretion. 1.5. Unless otherwise agreed to by the Town, a CFD formed after 2018 will be governed by a board of directors comprised of the members of the Town Council, ex officio, with two additional members designated by the owner of the largest amount of privately-owned acreage in the proposed district and who are appointed by Town Council. The day-to-day responsibilities of the CFD will be performed by Town staff or, pursuant to a contract, by outside personnel. At the sole option of the CFD Board, advisory committees may be utilized. 1.6. Unless otherwise agreed to by the Town, the CFD must be self-supporting from the standpoints of financing, operations, and maintenance. No Town funds will be used for CFD purposes. Notwithstanding anything contained in these CFD Policy Guidelines, neither the property, the full faith and credit, nor the taxing power of the Town shall be pledged to the payment of any CFD obligation or indebtedness. 1.7. The CFD Board will determine, in its sole and absolute discretion, the amount, timing, and form of financing to be used by a CFD after review of the project feasibility report , Member Appraisal Institute (“MAI”) property appraisals (utilizing the appropriate appraisal methodology) acceptable to the CFD Board, and other required pertinent information. 1.8. A key tenet of these CFD Policy Guidelines is the financial protection of homeowners within a CFD. As such, these CFD Policy Guidelines include provisions that attempt to protect homeowners from financial liability in excess of targeted tax rates and assessments. Similarly, these CFD Policy Guidelines include provisions designed to meet all financial obligations and/or legal exposures of the CFD. 1.9. The CFD will construct all public improvements utilizing public bidding procedures in accordance with applicable laws, rules, and regulations and as would be applied by the Town in a construction project for the Town. In general, this requires compliance with Arizona Revised Statutes Title 34 and the Town of Marana Procurement Code (Town Code Chapter 3-4). 1.10. The CFD will not use bond proceeds or other CFD funds to purchase public rights -of-way or other real property to be used for public infrastructure improvements, if such real property would be required to be dedicated and conveyed to the Town by the Applicant upon development of its property. 1.11. CFD bond proceeds will not be used for public infrastructure improvements which are included in an infrastructure improvements plan adopted in support of a development impact fee . 1.12. The Town retains the right to select all consultants necessary for the evaluation of any application and the proceedings for the formation of a CFD and the issuance of CFD bonds. This includes but is not limited to any special tax consultant, bond counsel, underwriter, appraiser, engineer, or any other consultant deemed necessary by the Town or the CFD Board. 1.13. These CFD Policy Guidelines may be modified from time to time by the Town. Any applicant will be given the opportunity to propose alternative approaches to those provided herein, with the understanding that concerns of the Town must be adequately addressed before the staff of the Town will recommend approval of a CFD by the Town Council. Marana Town Council Regular Meeting 08/03/2021 Page 54 of 402 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 3 - ARTICLE 2. CONTENT OF APPLICATI ON 2.1. Completed Application. Pursuant to A.R.S. § 48-702(B), the Applicant shall submit a completed application for the formation of a CFD (the “Completed Application”) to the Town’s Finance Department before the Town will consider forming a CFD. The Completed Application shall, at a minimum, contain the information set forth below and must be organized in the manner described in this Article. 2.2. Petition in Favor of Formation. The Completed Application shall include a petition signed by the owners of at least 25% of the land area proposed to be included in the CFD. The petition must include a list of all parcels in the proposed CFD along with the parcel number, owner names, situs address and lot size (parcel square footage or acreage) for each individual parcel. 2.3. Applicant Information. The Completed Application shall include: a. A description of the Applicant, including its corporate and organizational structure, and the names of all officers and corporate directors of the Applicant. b. The name, address, telephone number, and email address of the Applicant’s primary contact. c. The names, addresses, telephone numbers, and email addresses of any legal representatives, engineers, architects, financial consultants or other consultants of the Applicant or significantly involved in the application. d. A general description of the Applicant’s experience with similar types of developments. e. Evidence demonstrating the Applicant ’s ability and capacity (including financial statements and supporting information) to undertake the proposed public infrastructure and private development. 2.4. Board Member Information. Pursuant to A.R.S. § 48-702(C)(8), the Applicant may request to appoint two additional CFD Board members to govern the CFD, along with the members of the Town Council ex officio. Pursuant to A.R.S. § 48 -705(A), at the sole discretion of the Town Council, the resolution ordering the formation of the CFD may state that the two additional CFD Board member positions shall permanently be advisory, nonvoting members of the CFD Board. If the Applicant requests to appoint two additional CFD Board members, Tthe Completed Application shall describe the process for the designation of the two additional CFD Board members, including the following: a. Provide tThe names, addresses, telephone numbers, email addresses, backgrounds , qualifications, and other relevant information of the two proposed additional CFD Board members to be designated by the owner of the largest amount of privately owned acreage in the proposed CFD. b. State tThe process for the designation of the two additional CFD Board members on completion of the development of all property in the CFD, and on expiration of the term of such Board members or vacancy because of death, resignation, or inability to discharge duties. c. Provide dDocumentation evidencing each proposed CFD Board member ’s acknowledgment of his or her obligation to comply with Arizona Revised Statutes Title 38 Marana Town Council Regular Meeting 08/03/2021 Page 55 of 402 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 4 - (“Public Officers and Employees ”), Chapter 3 (“Conduct of Office”), Articles 3.1 (“Public Meetings and Proceedings”) and 8 (“Conflict of Interest of Officers and Employe es ”). d. Provide uUnqualified hold harmless and indemnity guarantees to the Town, the CFD, and officers, agents and employees of the Town and the CFD for the actions and conduct of each proposed CFD Board member. 2.5. Proposed CFD . The Completed Application shall include: a. A description of how the proposed CFD meets the existing development objectives of the Town, including the degree to which the CFD is consistent with the goals of the Town ’s General Plan for promoting orderly development, consistent with growth management policies and zoning requirements and the degree to which the land use plan for the CFD is consistent with the Town’s General Plan Map for the area. b. A general description of the proposed CFD with an analysis of the appropriateness of the CFD boundaries. c. A legal description of the proposed CFD boundaries with an accompanying depiction. d. A current title report showing the names and addresses of persons with any interest in the land within the proposed CFD boundaries. e. A certificate from the respective county elections department(s) showing the names and addresses of all qualified electors in the proposed CFD boundaries. 2.6. Project Description and Proposed Improvements . The Completed Application shall include: a. A general plan setting out a detailed description of the types of public infrastructure to be financed by the CFD, including the estimated construction or acquisition costs of the public infrastructure and the annual operation and maintenance costs of the public infrastructure and the governmental approvals that will be required for both the public and private improvements to be constructed and operated within the proposed CFD. b. A proposed project schedule for commencement and completion of the public infrastr ucture and the private development within the proposed CFD. 2.7. Financing Plan. The Completed Application shall include a detailed description of the financing plan that includes the sources and uses of monies to be used to cover the capital, operating, and maintenance costs for the public infrastructure within the proposed CFD, including the proposed types and amounts of tax-exempt/taxable bonds requested to be considered for the public improvements. 2.8. Financial Feasibility Study. The Completed Application shall include a financial feasibility study, covering the period of time until the last proposed bond of the CFD will be paid, for the entire project being developed on the property in the proposed CFD, including both the public infrastructure and the private development. The financial feasibility study shall include: a. An analysis of how the proposed debt financing, operation and maintenance costs, user charges and other CFD costs will be allocated and what will be the impact to the ultimate end users of the property, specifically projected property taxes and property tax rates, special assessments, fees, charges and any other costs that would be borne by property in the CFD. The analysis shall also address the impact these costs will have on the Marana Town Council Regular Meeting 08/03/2021 Page 56 of 402 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 5 - marketability of the private development and a comparison of proposed tax rates or charges within the proposed CFD contrasted with the tax rates and charges within the proposed CFD contrasted to the tax rates and changes in adjoining and similar areas outside of the proposed CFD. b. A financing plan for the private development in the CFD. c. A market absorption study for the private development in the CFD, prepared by an independent consultant acceptable to the Town, which shall include estimates of the revenue to be generated by the development, an estimate of the ability of the market to absorb the development, and a market absorption calendar for the development. d. A value-to-lien ratio analysis based on the requirements of these CFD Policy Guidelines . The value portion of the analysis shall be the estimated value of the property within the CFD determined per subparagraph 4.6.g.iii below. The lien portion of the analysis shall be the sum of the principal amount of any outstanding CFD public financing and the proposed public financing. e. A description and estimated amounts of the proposed equity contribution from the Applicant and a calendar showing the timing of such equity contribution. 2.9. Insurance . The Completed Application shall provide an explanation of how insurance coverage shall be provided by the Applicant and how assurances will be provided that premiums and deductibles will be paid in the future. The Applicant is responsible for the cost of insurance to cover all actions and activities taken by the Board of Directors and officers of the CFD relating to the CFD formation, financing, administrative actions or other related activities of the types, in amounts and with deductibles determined by the Risk Manager of the Town. Insurance must include “per occurrence coverage” including a “securities ” rider if bonds are to be sold. 2.10. Indemnification. The Completed Application shall indicate how indemnification as required by the Development Agreement will be provided by the Applicant to the Town and the CFD and their agents, officers, and employees for, from, and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, incurred in any challenge or proceeding to the formation, operation, administration of the CFD, the offer and sale of CFD bonds, the levying by the CFD of any tax, assessment or charge and the operation and maintenance of public infrastructure financed or owned by the CFD. The Completed Application shall includ e financial statements and other supporting information for the entity providing the indemnification and shall provide appropriate collateral to cover the indemnity. 2.11. Other Information. The Completed Application shall include: a. A detailed description of the proposed marketing plan to be used by the Applicant and/or home builders to market property within the CFD. This information may include, but is not limited to, descriptions and cost estimates of public infrastructure improvements to be financed by the CFD and a comparison of the proposed CFD to similar CFDs in the area. b. A homebuyer disclosure form with a signed acknowledgement of receipt by the initial homebuyer of each lot in the CFD, in which the Applicant or home builder explains to prospective CFD landowners all of the following: i. The existence of the CFD. Marana Town Council Regular Meeting 08/03/2021 Page 57 of 402 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 6 - ii. The purposes for which the CFD was formed. iii. The CFD’s expected and possible secondary property tax rate. iv. The estimated annual secondary tax amount based on applying the CFD’s expected and possible secondary property tax rate to a representative residential property value . v. Assessment and other financial burdens of the CFD. c. The Applicant’s description of the signing and record-keeping processes to be used for retaining all signed homebuyer disclosure forms, which shall include a requirement that the Applicant or home builder shall file with the Town a copy of each signed homebuyer disclosure form within 30 days of sale. d. An operating plan for the CFD, explaining what functions the CFD will provide and how the operation and maintenance of the infrastructure and all other services in the CFD will be provided. e. The District Development and Financing Participation Agreement between the Town and the Applicant (the “Development Agreement ”) in substantially final form, including all terms and provisions to be approved by the Town if formation of a CFD is approved. The Development Agreement must include matters required by the Act , including without limitation the subdivision public report requirements at A.R.S. § 48-708 (D), and must have been fully negotiated by the Applicant and Town staff, with agreement by both parties. ARTICLE 3. APPLICATION PROCEDUR ES 3.1. The original and one electronic copy of the application for the formation of a CFD shall be submitted to the Finance Director of the Town who will coordinate an interdepartmental analysis of each application. 3.2. At the time of submission of the application, the applicant shall pay an application fee of $15,000.00. 3.3. Prior to submission of a Completed Application, and at the request of a potential Applicant , the Finance Director may arrange a pre-application conference with the potential Applicant , appropriate To wn staff, and outside professionals and consultants, for the purpose of discussing the possible submission of a Completed Application for conformity with these CFD Policy Guidelines. 3.4. The Applicant shall provide any and all supplemental information requeste d by Town staff at or following the pre-application conference or any other time during the application process. 3.5. The review, analysis and consideration of a Completed Application will include: a. A comprehensive review of the completed application to determine whether the completed application is consistent with these CFD Policy Guidelines, identification of missing or incomplete information and identification and discussion of any concerns with the Applicant. This will include, but will not be limited to, exa mining the project feasibility, analysis of land ownership interests, financing analyses, risk analysis and evaluation of community benefits. b. Under the direction of the Finance Director, a report may be prepared including recommendations related to the pro posed CFD and an analysis of the impact of the Marana Town Council Regular Meeting 08/03/2021 Page 58 of 402 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 7 - formation of the proposed CFD and its effects on the Town. The report may recommend that additional requirements be placed on the Applicant, on any related developer , landowner, or builder, and/or on the proposed CFD itself. This review will include the preliminary approval of the form, terms and provisions of the “substantially complete ” Development and Financing Participation Agreement necessary for formation of a CFD. 3.6. Within 60 days after the Applicant’s submission of a Completed Application, the Town Council shall hold a public hearing to consider the Completed Application. A resolution declaring the intent to form a CFD may be considered by Town Council immediately following the public hearing. If the Town Council does not adopt the resolution, it will provide a written basis for not adopting the resolution and shall identify the specific changes needed for the completed application to be approved. 3.7. If an application includes a petition for formation signed by owners of all of the land in the proposed CFD and meets all the requirements of Article 2 in form satisfactory to the Town, the Town may declare the CFD formed without posting, publication, mailing, notice and public hearings or landowner election. Otherwise, the alternative provisions of the Act must be followed. 3.8. If the Town Council approves the formation of a CFD, any existing agreements with the Applicant for the provision of infrastructure proposed to be furnished by the CFD will be deemed amended to reflect the agreements and conditions pertaining to the CFD. The amendments will reflect that such infrastructure improvements will be provided (including by acquisition) by either the Applicant or the CFD. 3.9. If the Town Council approves an application for formation of a CFD, the Applicant and Town staff shall coordinate a schedule of events for formation of the CFD and shall finalize negotiat ion of the Development Agreement, which shall be entered into prior to or concurrently with formation of the CFD and which shall incorporate the requirements of any report or recommendations of Town staff relating to the CFD, the requirements of these CFD Policy Guidelines, and any other restrictions and provisions required by the Town. ARTICLE 4. CFD OPERATIONS AND D EBT FINANCING 4.1. The Applicant shall be obligated to pay costs and expenses incurred in connection with the formation, review of any feasibility study, election costs, administration, operation, and maintenance of the CFD or its public improvements. a. Upon formation of a CFD the Applicant shall deposit with the Town’s Finance Department a non-refundable administrative expense fee in the amount of $50,000. The administrative expense fee shall be applied by the Town to the costs and expenses incurred in connection with the formation, review of any feasibility study, election costs, administration, operation, and maintenance of the CFD or its public improvements. From time to time, upon depletion of the administrative expense fee, the Town may request, and the Applicant shall promptly deposit, additional $25,000 deposits to be applied to the purposes contemplated in this Section 4.1. b. An ad valorem tax of $.30 per $100 of assessed valuation for all real and personal property in the CFD shall be assessed pursuant to A.R.S. § 48-723 to cover administrative, operation, and maintenance expenses incurred by the CFD and by the Town for the benefit of the CFD. CFD administration, operation, and maintenance costs will be paid first from Marana Town Council Regular Meeting 08/03/2021 Page 59 of 402 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 8 - the proceeds of this ad valorem tax, and then from the Applicant’s deposit referenced in subsection 4.1.a above. c. The Applicant shall provide $100,000 in the form of a cash contribution, letter of credit, or other acceptable form of security, which shall be bankruptcy proof, as required by the CFD Board, to secure the Applicant’s obligation to pay costs and expenses incurred in connection with administration, operation, and maintenance of the CFD or its public improvements. d. The security required under subsections 4.1.a and 4.1.c above shall remain in full force and effect until the assessed value of real property in the CFD generates at least $100,000 per year ad valorem taxes from the $.30 per $100 of assessed valuation assessed pursuant to A.R.S. § 48-723 for a period of three consecutive years or until the CFD is dissolved pursuant to A.R.S. § 48-724. e. The Applicant remains obligated to pay costs and expenses incurred in connection with the CFD notwithstanding any release of security. 4.2. In connection with any request for debt financing, the Applicant shall provide a current appraisal of the fair cash market value of the property within the proposed CFD which is to be taxed or assessed, prepared by a person who is designated as a Member Appraisal Institute (“MAI”) and a certified general real estate appraiser (such person hereafter referred to as an “MAI Appraiser”), such appraisal to be in form and substance acceptable to the Town, in its sole discretion. 4.3. The amount of CFD debt shall not have any substantial direct or indirect negative impacts on the debt or financing capabilities of the Town, and the CFD debt shall not impose an unreasonable financial burden on future CFD residents. 4.4. General obligation bonds of the CFD are secured by an ad valorem tax on all taxable property located within the CFD. An Applicant seeking the issuance of CFD general obligation bonds shall describe in each project feasibility report the following: a. The current direct and overlapping tax and assessment burden on the taxable property that is proposed to be taxed and the full cash value and assessed valuation of t he taxable property as shown on the most recent assessment roll. b. The amount and timing of CFD general obligation bonds to be issued. c. The expected market absorption of development within the CFD. d. The effect of the CFD bond issuance on CFD tax rates, calculated as of the beginning, midway through, and at the end of the market absorption period , or based on the phasing of the project to be financed, as applicable. e. Estimated savings, if any, to residents in the form of reduced home sales prices which are projected to result from CFD financing. f. The proposed total tax rate of the CFD. i. If the pre-established debt service target tax rate is not sufficient to pay the entire debt service in respect of outstanding general obligation bonds when due at the time of issuance thereof, the Applicant will be required to contribute an amount annually Marana Town Council Regular Meeting 08/03/2021 Page 60 of 402 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 9 - sufficient to pay the difference between the revenues produced by the pre -established target tax rate and the actual CFD debt service coming due in that fiscal year. ii. To secure the Applicant ’s payment of the contribution described in the preceding subparagraph, the Applicant shall provide security in the form of a cash contribution, letter of credit, or other acceptable form of security, which shall be bankruptc y proof, as required by the CFD Board, such that the total amount of all such security is equal to the larger of (i) three times the difference between Cumulative Maximum Annual Debt Service (“CMADS”) and the estimated taxes to be collected in the year immediately following the year of bond issuance or (ii) one times CMADS. Any security provided by the Applicant and held by the CFD for prior bond sales will be taken into account for the purpose of determining the amount of security required for each subsequent bond issuance. CMADS is the maximum annual debt service with respect to all series of bonds outstanding, including, on the date of issuance of a series of bonds, the series of bonds then being issued . All of the foregoing items need to be described in detail. A cash flow schedule illustrating the security amount and the time period required to cover such shortfall will be required to be submitted by the Applicant prior to the issuance of general obligation bonds. The security shall remain in full force and effect until all of the bonds are paid off or the assessed value of real property in the CFD generates ad valorem taxes at the pre-established CFD target tax rate sufficient to pay CMADS for a period of three consecutive tax years beginning the year immediately following the final bond issuance. g. Whether the bonds will be publicly offered or privately placed. Publicly offered bonds must be rated in one of the four highest investment grade ratings from Standard & Poor ’s Corporation, Moody’s Investors Services, Inc., or another nationally recognized bond rating service. Privately placed bonds need not be rated; however, the purchase rs of such general obligation bonds must be “qualified institutional buyers” (as that term is defined in Rule 144A of the Securities Exchange Commission) and must agree not to resell the bonds except to “qualified institutional buyers” in a private placement ; provided, however, that a purchaser of general obligation bonds in a private placement may sell the bonds in a public offering if the CFD board approves the public sale and the bonds have an investment grade rating. 4.5. Revenue bonds shall be payable from a CFD revenue source. An Applicant seeking the issuance of CFD revenue bonds must describe in each project feasibility report, the following: a. The current direct and overlapping tax and assessment burdens on the taxable property within the CFD and the full cash value and assessed valuation of that taxable property as shown on the most recent assessment roll. b. The revenue source from which bonds will be payable. The Town reserves the right to require the applicant to produce such independently prepared feasibility studies or reports as it deems necessary to confirm the amount and availability of revenues. c. The expected market absorption of development within the CFD. d. The amount and timing of CFD revenue bonds to be issued. e. The financial impact of the proposed issue(s) on prospective residents. Marana Town Council Regular Meeting 08/03/2021 Page 61 of 402 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 10 - f. Whether the bonds will be publicly offered or privately placed. Publicly offered revenue bonds must be rated in one of the four highest investment grade ratings from Standard & Poor’s Corporation, Moody’s Investors Service, Inc., or another nationally recognized bond rating service. Privately place bonds need not be rated; however, the purchasers of such revenue bonds must be “qualified institutional buyers” and must agree not to sell the bonds except to “qualified institutional buyers” in a private placement; provided, however, that a purchaser of a revenue bond in a private placement may sell the bonds in a public offering if the CFD board approves the public sale and the bonds have an investment grade rating. 4.6. Assessment bonds shall be secured by first lien (subject only to the lien for general taxes and prior special assessments) on the property benefited. An Applicant seeking the issuance of CFD assessment bonds shall describe in the application and in each project feasibility report, the following: a. The current direct and overlapping tax and assessment burdens on real property to comprise the CFD and the full cash value and assessed valuation of that property as shown on the most recent assessment roll. b. The amount and timing of CFD assessment bonds to be issued. c. The expected market absorption of development within the CFD. d. The assessment burden to be placed on prospective residents. e. Whether the assessments will be paid upon the sale of lots by the Applicant or will remain on the property after sale. f. If assessed parcels of land are expected to be subdivided, t he process by which the assessments will be allocated to the subdivided land. g. Whether the assessment bonds will be publicly offered or privately placed. i. Publicly offered assessment bonds must be rated in one of the four highest investment grade ratings from Standard & Poor’s Corporation, Moody’s Investors Service, Inc., or another nationally recognized bond rating service . Alternatively, in an unrated public offering, the Applicant shall provide an independent fee appraisal of the land to be encumbered, prepared by an MAI Appraiser and in form and substance acceptable to the CFD Board, in its sole discretion, evidencing 1) A land value to debt ratio of at least 4 to 1 prior to the issuance of debt for extraordinary public infrastructure requirements (as defined in subparagraph 5.5.b below). 2) A land value to debt ratio of at least 6 to 1 prior to the issuance of debt in all other circumstances. ii. Privately placed bonds need not be rated; however the purchasers of such assessment bonds must be “qualified institutional buyers” who must agree to hold the bonds for their own account or agree not to sell the bonds except to “qualified institutional buyers.” In connection with the sale of unrated privately placed assessment bonds, the Applicant shall provide an independent fee appraisal of the la nd to be encumbered, prepared by an MAI Appraiser and in form and substance acceptable to the CFD Board, Marana Town Council Regular Meeting 08/03/2021 Page 62 of 402 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 11 - in its sole discretion, indicating a land value to debt ratio of at least 4 to 1 as of a date prior to the issuance of debt. iii. The independent fee appraisal provided by the Applicant for an unrated public offering (subparagraph i above) or for privately placed bonds (subparagraph ii above) shall value the property as follows: 1) Where the bonds will be used to pay for extraordinary public infrastructure requirements (as defined in subparagraph 5.5.b below), the appraisal shall be based on the appraised value of the land to be encumbered including the value of constructed or expected to be constructed public improvements . The value of public improvements expected to be constructed will only be considered if adequate security (performance bond or similar) is in place to ensure that the assets are constructed. 2) In all other circumstances, the appraisal shall be based on the appraised value of the land to be encumbered at its bulk wholesale value prior to any private or public improvements being installed. 4.7. Notwithstanding the restrictions pertaining to public sales and private placements of the bonds set forth in this Article 4, the restrictions may be modified if other financing structures are presented which, in the sole discretion of the CFD Board, provide other means to address CFD concerns. ARTICLE 5. FINANCING CONSIDERATIONS 5.1. The Applicant shall provide at least $0.25 in infrastructure or community improvements for each $1.00 of debt to be issued by a CFD to finance public infrastructure purposes. If agreed to by the CFD, prior infrastructure and community improvements constructed or acquired by the Applicant and benefiting the property within the CFD may be included in calcula ting the Applicant’s compliance with this Section 5.1. 5.2. If allowed by law, all bond issues shall include a debt service reserve fund in an amount acceptable to the CFD Board. 5.3. Privately placed bonds shall have minimum authorized denominations of $100,000. 5.4. A general obligation bond authorization for a CFD shall expire no later than the earlier of the 15th anniversary of the first bond issuance or 75% of development lots. Under extenuating circumstances the CFD Board may, in its sole and absolute discretion, extend this period. 5.5. In further consideration of the types of debt obligations used to finance the acquisition or construction of eligible public infrastructure, the following shall guide CFD obligations : a. Routine Public Infrastructure Requirements. General obligation bonds shall be the preferred financing mechanism for CFDs with routine public infrastructure requirements . The pre-established debt service target tax rate shall be levied upon all CFD taxable property. b. Extraordinary Public Infrastructure Requirements. General obligation bonds and/or special assessment bonds may be used for any portion of extraordinary public infrastructure required for the CFD. Extraordinary public infrastructure requirements are those infrastructure elements not routinely required for a development project. Examples of Marana Town Council Regular Meeting 08/03/2021 Page 63 of 402 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 12 - extraordinary public infrastructure include but are not necessarily limited to transportation interchanges, water reclamation facilities, water treatment campus es, and similar regional public infrastructure improvements. The pre-established debt service target tax rate shall not be exceeded and shall be levied upon all CFD taxable property for any general obligation bonds, as applicable. Special assessment liens shall not exceed the value-to-lien ratio described in subparagraph 4.6.g above on a per lot basis. 5.6. The Applicant or a third party acceptable to the Town and the CFD Board shall indemnify the Town and the CFD and their agents and employees and shall hold the Town and the CFD and their agents and employees harmless for, from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, incurred in any challenge or proceeding to the formation, operation, administration of the CFD, the offer and sale of CFD bonds, the levying by the CFD of any tax, assessment or charge and the operation and maintenance of public infrastructure financed or owned by the CFD. 5.7. The Applicant shall obtain and pay the cost of a directors and officers (D&O) insurance policy to cover all actions and activities taken by the CFD Board and officers of the CFD relating to the CFD formation, financing, administrative actions and other related activities . The Applicant shall deposit the amount of any deductible under the D&O insurance policy in escrow with the CFD Board or shall provide security acceptable to the CFD Board for the amount of the deductible. The amount of the D&O coverage shall at all times equal or exceed $2,000,000 per occurrence and $2,000,000 aggregate. The CFD Boa rd may increase the D&O coverage from time to time commensurate with increases in coverage obtained by the Town for its directors and officers. 5.8. Unless otherwise provided to the Town pursuant to other requirements, prior to CFD financing and acquisition by the CFD or Town, the CFD or Town will require an independent environmental report or assessment of any real property which will be dedicated to or otherwise owned, leased or operated by the Town or the CFD and a proposed form or indemnity agreement with respect to all environmental liability. Marana Town Council Regular Meeting 08/03/2021 Page 64 of 402 Council-Regular Meeting C5 Meeting Date:08/03/2021 To:Mayor and Council Submitted For:Amanda Jones, Water Business Coordinator From:Amanda Jones, Water Business Coordinator Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution 2021-106: Relating to Utilities; approving and authorizing the Town Manager to sign Amendment No. 1 to Contract No. 2020-3123 with the Arizona Department of Water Resources to amend the schedule of deliverables over the three-year contract term (Amanda Jones) Discussion: At the April 20, 2021 Regular Town Council Meeting, the Council adopted Resolution No. 2021-054 approving the Town Manager to sign Contract No. 2020-3123 with the Arizona Department of Water Resources for a grant of $25,000. The grant will fund the creation of new conservation materials as well as establish the Marana Citizens' Water Academy. The initial schedule included a first deliverable date of May 31, 2021. Due to delays from both parties, the deliverable schedule requires adjustment. The first deliverable date is now planned for September 15, 2021. Neither the grant award amount nor the overall term of the contract changed. The draft schedule is below. Deliverable Date Amount (Not to Exceed) Printed materials and brand package September 15, 2021 $6,000 Recruitment materials, schedule and contact list October 15, 2021 $1,000 Schedule initial session Marana Town Council Regular Meeting 08/03/2021 Page 65 of 402 Schedule initial session with 20 participants – includes AMI installation, pre/post survey creation November 1, 2021 $3,500 2022 Progress Report April 30, 2022 $1,500 2022 Annual Report November 30, 2022 $2,500 Project Mid-point Report January 31, 2023 $0 2023 Progress Report April 30, 2023 $1,500 2023 Annual Report November 30, 2023 $2,500 2024 Progress Report April 30, 2024 $1,500 2024 Annual Report November 30, 2024 $2,500 Final Report Including synthesis of all collected surveys December 31, 2024 $2,500 Staff Recommendation: Staff recommends adoption of Resolution 2021-106. Suggested Motion: I move to adopt Resolution 2021-106, approving and authorizing the Town Manager to sign Amendment No. 1 to Contract No. 2020-3123 with the Arizona Department of Water Resources. Attachments Resolution 2021-106 Exhibit A Marana Town Council Regular Meeting 08/03/2021 Page 66 of 402 00076491.DOCX /1 Resolution No. 2021 -106 7/19/2021 2:42 PM MARANA RESOLUTION NO. 2021-106 RELATING TO UTILITIE S; APPROVING AND AUT HORIZING THE TOWN MANAGER TO SIGN AMENDMENT NO. 1 TO CONTRACT NO. 2020-3123 WITH THE ARIZONA DEPARTMENT O F WATER RESOURCES TO AMEND THE SCHEDULE OF DELIVERABLES OVER THE THREE-YEAR CONTRACT TERM WHEREAS at the April 20, 2021 Marana Town Council Meeting, the Council adopted Marana Resolution No. 2021 -054, approving the Town Manag er to sign an intergovernmental agreement, Contract No. 2020-3123, with the Arizona Department of Water Resources for a grant of $25,000 to fund the creation of new conservation materials and establish the Marana Citizens’ Water Academy; and WHEREAS due to delays from both parties, the schedule of deliverables requires readjustment, and the parties now desire to enter into Amendment N o. 1 to Contract No. 2020-2123 for the purposes of revising the schedule of deliverables ; and WHEREAS the Mayor and Council feel it is in the best interests of the Town and its citizens to amend the original intergovernmental agreement for that purpose . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Amendment No. 1 to Contract No: 2020- 3123 attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Town Manager is hereby au thorized and directed to sign it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned intergovernmental agreement. Marana Town Council Regular Meeting 08/03/2021 Page 67 of 402 00076491.DOCX /1 Resolution No. 2021 -106 7/19/2021 2:42 PM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 68 of 402 AMENDMENT STATE OF ARIZONA DEPARTMENT OF WATER RESOURCES 1110 W. Washington St. Ste. 310 Phoenix, AZ 85007 Contract No. 2020-3123 Amendment No. 1 Contract Officer: Scott Selin The above referenced Agreement is amended as follows: Page 11, H. Schedule of Deliverables and Payments, Deliverables INSERT Project Mid-Point Report Page 11, H. Schedule of Deliverables and Payments, Deliverables STRIKE 2024 Progress Report Page 11, H. Schedule of Deliverables and Payments, Due Date(s) STRIKE May 31, 2021 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) INSERT September 15, 2021 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) STRIKE July 31, 2021 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) INSERT October 15, 2021 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) STRIKE September 30, 2021 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) INSERT November 1, 2021 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) STRIKE March 31, 2022 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) INSERT April 30, 2022 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) STRIKE September 30, 2022 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) INSERT November 30, 2022 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) STRIKE March 31, 2023 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) INSERT January 31, 2023 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) STRIKE March 31, 2023 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) INSERT April 30, 2023 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) STRIKE September 30, 2023 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) INSERT November 30, 2023 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) STRIKE March 31, 2024 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) INSERT April 30, 2024 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) STRIKE September 30, 2024 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) INSERT November 30, 2024 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) STRIKE March 31, 2025 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) STRIKE December 31, 2025 Page 11, H. Schedule of Deliverables and Payments, Due Date(s) INSERT December 31, 2024 Page 11, H. Schedule of Deliverables and Payments, Payments INSERT $0 Page 11, H. Schedule of Deliverables and Payments, Payments STRIKE $1,500 Marana Town Council Regular Meeting 08/03/2021 Page 69 of 402 Page 11, H. Schedule of Deliverables and Payments, Payments STRIKE $1,000 Page 11, H. Schedule of Deliverables and Payments, Payments INSERT $2,500 All other provisions of the Agreement shall remain in their entirety. Marana and ADWR hereby acknowledge receipt and understanding of above amendment. DELIVERABLES DUE DATE(S) PAYMENTS (Not to Exceed) Printed Materials and Digital Brand Package Recruitment Materials, Schedule, and Contact List Schedule for initial (approx. 20 participants) AMI endpoint Installation & pre- and post- survey creation 2022 Progress Report 2022 Annual Report Project Mid-Point Report 2023 Progress Report 2023 Annual Report 2024 Progress Report 2024 Annual Report 2024 Progress Report Final Report including synthesis of all collected surveys May 31, 2021 September 15, 2021 July 31, 2021 October 15, 2021 September 30, 2021 November 1, 2021 March 31, 2022 April 30, 2022 September 30, 2022 November 30, 2022 March 31, 2023 January 31, 2023 March 31, 2023 April 30, 2023 September 30, 2023 November 30, 2023 March 31, 2024 April 30, 2024 September 30, 2024 November 30, 2024 March 31, 2025 December 31, 2025 December 31, 2024 $6,000 $1,000 $3,500 $1,500 $2,500 $0 $1,500 $2,500 $1,500 $2,500 $1,500 $1,000 $2,500 TOTAL AMOUNT $25,000 Marana Town Council Regular Meeting 08/03/2021 Page 70 of 402 LEGAL DETERMINATION The attached Agreement between the Arizona Department of Water Resources and Town of Marana has been reviewed by the undersigned attorneys, who have determined that said Agreement is in proper form and is within the powers and authority of those parties represented by the undersigned. Dated: __________________ Arizona Department of Water Resources By: ____________________ Counsel Dated: __________________ Town of Marana By: ____________________ Counsel TOWN OF MARANA ARIZONA DEPARTMENT OF WATER RESOURCES Signature of Authorized Individual Date Signature of Authorized Individual Date Terry Rozema Thomas Buschatzke Typed Name Typed Name Town Manager Director Typed Title Typed Title Marana Town Council Regular Meeting 08/03/2021 Page 71 of 402 Council-Regular Meeting C6 Meeting Date:08/03/2021 To:Mayor and Council From:Kristin Taft, Grants Manager Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-107: Relating to Marana Regional Airport; approving and authorizing the Town Manager to sign the "FAA Airport Improvement Program (AIP) Grant Agreement," FY2021 AIP Grant Number 3-04-0058-024-2021, with the Federal Aviation Administration for funding in an amount not to exceed $192,368 for the Air Traffic Control Tower project (Kristin Taft) Discussion: In December 2020, staff submitted a grant request to the Federal Aviation Administration (FAA) to fund a siting study for the Air Traffic Control Tower project (ATCT). Pursuant to this project, a siting study will be conducted to determine a safe location for the ATCT construction. The project will be developed through the standards and technical requirements set forth in the FAA Advisory Circular 150/5300-13A and all other pertinent federal, state, and local requirements. The current FAA grant agreement is for fiscal year 2022 with a total agreement amount of $192,368. The FAA will reimburse 100% of expenses up to the maximum obligation of $192,368. The Town, as the sponsor, does not have any required match. The grant period of performance begins once all signatures are executed, and the end date is four years from the date of acceptance. The agreement included in the Council packet is a draft agreement that does not yet include the final amount or dates. Town staff anticipates receiving a final agreement for execution from the FAA shortly, and does not foresee any significant change in the overall project costs. Adoption of this resolution will approve the agreement in substantially the form of the draft agreement and authorize the Town Manager to execute it when the Town receives it. Marana Town Council Regular Meeting 08/03/2021 Page 72 of 402 Financial Impact: Fiscal Year:2022 Budgeted Y/N:Yes Amount:$192,368 The FAA reimburses 100% of expenses up to the maximum obligation with no match required from the Town. Budget capacity has been budgeted in the Airport capital fund. Staff Recommendation: Staff recommends that the Town Manager be authorized to execute the grant agreement with the FAA. Suggested Motion: I move to adopt Resolution No. 2021-107, approving and authorizing the Town Manager to sign the "FAA Airport Improvement Program (AIP) Grant Agreement," FY2021 AIP Grant Number 3-04-0058-024-2021, with the Federal Aviation Administration for funding in an amount not to exceed $192,368 for the Air Traffic Control Tower project. Attachments Resolution 2021-107 Exhibit A Marana Town Council Regular Meeting 08/03/2021 Page 73 of 402 00076624.DOCX /1 Resolution No. 2021-107 MARANA RESOLUTION NO. 2021-107 RELATING TO MARANA R EGIONAL AIRPORT; APP ROVING AND AUTHORIZING THE TOWN MANAGER TO SIGN THE “FAA AIRPORT IMP ROVEMENT PROGRAM (AIP) GRANT AGREEMENT,” FY2021 AIP GRANT NUMBER 3-04-0058-024-2021, WITH THE FEDERAL AVIATION ADMINISTRATION FOR FUNDING IN AN AMOUNT NOT TO EXCEED $192,368 FOR THE AIR TRAFFIC CONTROL TO WER PROJECT WHEREAS the Town of Marana and the Federal Aviation Administration desire to enter into a grant agreement for funding in an amount not to exceed $192,368 to assist the Town in conducting a siting study to d etermine a safe location for the construction of an air traffic control tower at the Marana Regional Airport ; and WHEREAS the Mayor and Council feel it is in the best interes ts of the Town and its citizens to enter this grant agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that “FAA Airport Improvement Program (AIP) Grant Agreement,” FY2021 AIP Grant Number 3-04-0058-024-2021, in substantially the form attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Town Manager is hereby au thorized and directed to sign it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned intergovernmental agreement. Marana Town Council Regular Meeting 08/03/2021 Page 74 of 402 00076624.DOCX /1 Resolution No. 2021-107 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall , Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 75 of 402 3-04-0058-024-2021 1 U.S. Department of Transportation Federal Aviation Administration Airports Division Western-Pacific Region Arizona,Nevada 3800 N Central Ave Suite 1025 Phoenix, AZ 85012 {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Heath Vescovi-Chiordi Town of Marana 11555 W Civic Center Drive Marana, AZ 85653 Dear Mr. Vescovi-Chiordi: We are transmitting to you for execution the Grant Offer for Airport Improvement Program (AIP) Project No. 3-04-0058-024-2021 at __Marana Regional in Marana, Arizona__ Airport. This letter outlines expectations for success. Please read the conditions and assurances carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e. the sponsor’s authorized representative. b. The sponsor’s authorized representative must execute the grant by providing their electronic signature. c. Once the sponsor’s authorized representative has electronically signed the grant, the sponsor’s attorney will automatically be sent via email the grant to provide their electronic signature. d. You may not make any modification to the text, terms or conditions of the grant offer. e. Following the attorney’s action, the executed grant will be automatically sent to all parties as an attachment to an email. Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you to complete the project without undue delay. We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Should you fail to make draws on a regular basis, your grant may be placed in “inactive” status, which will affect your ability to receive future grant offers. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: A signed/dated SF-270 (non-construction projects) or SF-271 or equivalent (construction projects) and SF-425 annually, due 90 days after the end of each federal fiscal year in which this grant is open (due December 31 of each year this grant is open); and Performance Reports, which are due within 30 days of the end of a reporting period as follows: 1. Non-construction project: Due annually at end of the Federal fiscal year. 2. Construction project: Submit FAA form 5370-1, Construction Progress and Inspection Report at the end of each fiscal quarter. Marana Town Council Regular Meeting 08/03/2021 Page 76 of 402 3-04-0058-024-2021 2 As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. Once the project(s) is completed and all costs are determined, we ask that you close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. Kyler Erhard, (602) 792-1073, is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, {{Sig_es_:signer1: signature}} Mike N Williams Manager [ADO has discretion to delegate signature authority to Program Manager] Marana Town Council Regular Meeting 08/03/2021 Page 77 of 402 3-04-0058-024-2021 1 U.S. Department of Transportation Federal Aviation Administration FAA Airport Improvement Program (AIP) GRANT AGREEMENT Part I - Offer Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Airport/Planning Area Marana Regional Airport FY2021 AIP Grant Number 3-04-0058-024-2021 Unique Entity Identifier 017203188 TO: Town of Marana (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 1, 202 , for a grant of Federal funds for a project at or associated with the Marana Regional Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Marana Regional Airport (herein called the “Project”) consisting of the following: Construct Contract Tower which is more fully described in the Project Application. NOW THEREFORE, Pursuant to and for the purpose of carrying out the FAA Reauthorization Act of 2018 (Public Law Number 115-254); Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; the Department of Transportation Appropriations Act, 2021 (Public Law 116- 260, Division L), as further amended by the American Rescue Plan Act of 2021 (Public Law 117-2); and the representations contained in the Project Application; and in consideration of: (a) the Sponsor’s adoption and ratification of the Grant Assurances attached hereto (b) the Sponsor’s acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; Marana Town Council Regular Meeting 08/03/2021 Page 78 of 402 3-04-0058-024-2021 2 THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100 percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS : CONDITIONS 1.Maximum Obligation.The maximum obligation of the United States payable under this Offer is $192,368. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $ 192,368 for planning $ 0 airport development or noise program implementation; and, $ 0 for land acquisition. 2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements: a. Period of Performance: 1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods. (2 Code of Federal Regulations (CFR) § 200.1). b. Budget Period: 1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the period of performance provided in Paragraph a.1. Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to § 200.308. c. Close Out and Termination 1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the period of performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the period of performance end date with the information available at the end of 120 days. (2 CFR § 200.344). Marana Town Council Regular Meeting 08/03/2021 Page 79 of 402 3-04-0058-024-2021 3 2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. Indirect Costs - Sponsor.The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. Determining the Final Federal Share of Costs. The United States’ share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary, and any superseding legislation. Final determination of the United States’ share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, 49 U.S.C. Chapters 471 and 475, and the regulations, policies, and procedures of the Secretary of Transportation (“Secretary”). Per 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project, and request prior approval from FAA. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 1 , 2021, or such subsequent date as may be prescribed in writing by the FAA. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term “Federal funds” means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). Marana Town Council Regular Meeting 08/03/2021 Page 80 of 402 3-04-0058-024-2021 4 a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/SAM/pages/public/index.jsf. 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA’s authority to increase the maximum obligation does not apply to the “planning” component of Condition No. 1. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement. 15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 17. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects if funds are available; c. May be increased by not more than the greater of the following for a, land project, if funds are available: Marana Town Council Regular Meeting 08/03/2021 Page 81 of 402 3-04-0058-024-2021 5 1. 15 percent; or 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. If the sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment. 18. Audits for Sponsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. 19. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR § 180.200, the Sponsor must: a. Verify the non-Federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions (e.g. Sub-contracts). c. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity. 20. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and Marana Town Council Regular Meeting 08/03/2021 Page 82 of 402 3-04-0058-024-2021 6 b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant. 21.Trafficking in Persons. a. You as the recipient, your employees, subrecipients under this Grant, and subrecipients’ employees may not – 1. Engage in severe forms of trafficking in persons during the period of time that the Grant and applicable conditions are in effect; 2. Procure a commercial sex act during the period of time that the Grant and applicable conditions are in effect; or 3. Use forced labor in the performance of the Grant or any subgrants under this Grant. b. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if you or a subrecipient that is a private entity – 1. Is determined to have violated a prohibition in paragraph a. of this condition; or 2. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated a prohibition in paragraph a. of this condition through conduct that is either – a. Associated with performance under this Grant; or b. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 49 CFR Part 29. c. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a. of this condition. d. Our right to terminate unilaterally that is described in paragraph a. of this condition: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this Grant Agreement. 22. AIP Funded Work Included in a PFC Application. Within 90 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment. 23. Exhibit “A” Property Map. The Exhibit “A” Property Map dated [Enter Date], is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement. 24. Employee Protection from Reprisal. a. Prohibition of Reprisals — Marana Town Council Regular Meeting 08/03/2021 Page 83 of 402 3-04-0058-024-2021 7 1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee, subgrantee, contractor, or subcontractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph a.2. below, information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered. The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal employee responsible for contract or grant oversight or management at the relevant agency; v. A court or grand jury; vi. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or vii. An authorized official of the Department of Justice or other law enforcement agency. 3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph a of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint —A complaint may not be brought under this condition more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the Inspector General’s office are established under 41 U.S.C. § 4712(b). 6. Assumption of Rights to Civil Remedy — Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c). SPECIAL CONDITIONS 25. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers. Marana Town Council Regular Meeting 08/03/2021 Page 84 of 402 3-04-0058-024-2021 8 The Sponsor’s acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor’s acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.1 UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION {{Sig_es_:signer1:signature:dimension(height=12mm, width=70mm}} (Signature) {{N_es_:signer1:fullname }} (Typed Name) {{*Ttl_es_:signer1:title }} (Title of FAA Official) 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. Marana Town Council Regular Meeting 08/03/2021 Page 85 of 402 3-04-0058-024-2021 9 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.2 Dated {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}} Town of Marana (Name of Sponsor) {{Sig_es_:signer2:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Authorized Official) By: {{N_es_:signer2:fullname }} (Typed Name of Sponsor’s Authorized Official) Title:{{*Ttl_es_:signer2:title }} (Title of Sponsor’s Authorized Official) 2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. Marana Town Council Regular Meeting 08/03/2021 Page 86 of 402 3-04-0058-024-2021 10 CERTIFICATE OF SPONSOR’S ATTORNEY I, {{N_es_:signer3: fullname}}, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of __Arizona__. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor’s official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State, the FAA Reauthorization Act of 2018 (Public Law Number 115-254); Title 49 U.S.C., Chapters 471 and 475; 49 U.S.C. §§ 40101, et seq., and 48103; and the Department of Transportation Appropriations Act, 2021 (Public Law 116-260, Division L), as further amended by the American Rescue Plan Act of 2021 (Public Law 117-2). In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.3 Dated at {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}} By: {{Sig_es_:signer3:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Attorney) Marana Town Council Regular Meeting 08/03/2021 Page 87 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 1 of 18 ASSURANCES AIRPORT SPONSORS A. General. a. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. b. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. c. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: Marana Town Council Regular Meeting 08/03/2021 Page 88 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 2 of 18 1. General Federal Requirements It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: FEDERAL LEGISLATION a. Title 49, U.S.C., subtitle VII, as amended. b. Davis-Bacon Act — 40 U.S.C. 276(a), et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act – 5 U.S.C. 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.1 2 f. National Historic Preservation Act of 1966 – Section 106 - 16 U.S.C. 470(f). 1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. 4012a.1 l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1 s. Power plant and Industrial Fuel Use Act of 1978 – Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1 u. Copeland Anti-kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). Marana Town Council Regular Meeting 08/03/2021 Page 89 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 3 of 18 EXECUTIVE ORDERS a. Executive Order 11246 – Equal Employment Opportunity1 b. Executive Order 11990 – Protection of Wetlands c. Executive Order 11998 – Flood Plain Management d. Executive Order 12372 – Intergovernmental Review of Federal Programs e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction1 f. Executive Order 12898 – Environmental Justice FEDERAL REGULATIONS a. 2 CFR Part 180 – OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Non-procurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non-Profit Organizations].4, 5, 6 c. 2 CFR Part 1200 – Non-procurement Suspension and Debarment. d. 14 CFR Part 13 – Investigative and Enforcement Procedures e. 14 CFR Part 16 – Rules of Practice For Federally Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 – Airport noise compatibility planning. g. 28 CFR Part 35 – Discrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1 – Procedures for predetermination of wage rates.1 j. 29 CFR Part 3 – Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 k. 29 CFR Part 5 – Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).1 l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 m. 49 CFR Part 18 – Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 n. 49 CFR Part 20 – New restrictions on lobbying. o. 49 CFR Part 21 – Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. p. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. Marana Town Council Regular Meeting 08/03/2021 Page 90 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 4 of 18 q. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.1 2 r. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. s. 49 CFR Part 27 – Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.1 t. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. u. 49 CFR Part 30 – Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. v. 49 CFR Part 32 – Government-wide Requirements for Drug-Free Workplace (Financial Assistance). w. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). x. 49 CFR Part 41 – Seismic safety of Federal and federally assisted or regulated new building construction. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. FOOTNOTES TO ASSURANCE C.1. 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. Marana Town Council Regular Meeting 08/03/2021 Page 91 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 5 of 18 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or Marana Town Council Regular Meeting 08/03/2021 Page 92 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 6 of 18 document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. Marana Town Council Regular Meeting 08/03/2021 Page 93 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 7 of 18 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United Marana Town Council Regular Meeting 08/03/2021 Page 94 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 8 of 18 States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. Marana Town Council Regular Meeting 08/03/2021 Page 95 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 9 of 18 e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and Marana Town Council Regular Meeting 08/03/2021 Page 96 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 10 of 18 purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. Marana Town Council Regular Meeting 08/03/2021 Page 97 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 11 of 18 i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. Marana Town Council Regular Meeting 08/03/2021 Page 98 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 12 of 18 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. Marana Town Council Regular Meeting 08/03/2021 Page 99 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 13 of 18 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that – a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up to date at all times an airport layout plan of the airport showing: 1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. Marana Town Council Regular Meeting 08/03/2021 Page 100 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 14 of 18 a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities. 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. Marana Town Council Regular Meeting 08/03/2021 Page 101 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 15 of 18 d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: “The (Town of Marana), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) Marana Town Council Regular Meeting 08/03/2021 Page 102 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 16 of 18 transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1)reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self- sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U. S. C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. Marana Town Council Regular Meeting 08/03/2021 Page 103 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 17 of 18 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars for AIP projects as of August 1, 2021. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or Marana Town Council Regular Meeting 08/03/2021 Page 104 of 402 3-04-0058-024-2021 Airport Sponsor Assurances 2/2020 Page 18 of 18 operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Marana Town Council Regular Meeting 08/03/2021 Page 105 of 402 3-04-0058-024-2021 19 Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects View the most current versions of FAA’s Advisory Circulars (A/Cs) here: https://www.faa.gov/regulations_policies/advisory_circulars/ Airports A/Cs are found in the 150 series. In addition Airspace A/Cs, found in the 70 series, also may apply for certain projects. Marana Town Council Regular Meeting 08/03/2021 Page 106 of 402 Council-Regular Meeting C7 Meeting Date:08/03/2021 To:Mayor and Council From:Kristin Taft, Grants Manager Date:August 3, 2021 Strategic Plan Focus Area: Community Subject:Resolution No. 2021-108: Relating to the Police Department; approving and authorizing the Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson (COT) and the Town of Marana to receive funding under COT Grant Number HT-21-2930 (Kristin Taft) Discussion: For the 15th consecutive year, the Town of Marana has been awarded grant funding to participate with the Pima County/Tucson Metro Counter Narcotics Alliance (CNA). Funding for this program comes from the federal Anti-Drug Abuse Act of 1998 and the Office of National Drug Control Policy (ONDCP) Reauthorization Act of 1998. These legislative acts authorized the Director of ONDCP to designate areas within the United States which exhibit serious drug trafficking problems and harmfully impact other areas of the country as High Intensity Drug Trafficking Areas (HIDTA). The HIDTA Program provides federal resources to those areas to help eliminate or reduce drug trafficking and its harmful consequences. Law enforcement organizations within HIDTAs assess drug trafficking problems including transportation, distribution, and chronic use of illegal drugs and money laundering. In Southern Arizona, the HIDTA Program helps improve the effectiveness and efficiency of drug control efforts by facilitating cooperation between law enforcement agencies, supplying resources, coordinating information sharing, and implementing joint initiatives. The City of Tucson (COT) administers grant funding for these activities. A Marana Police Officer will be tasked to a grant-funded position under the HIDTA Program. The attached grant agreement provides the terms and conditions for the Marana Police Department in the HIDTA Program. Under the grant agreement, the Marana Town Council Regular Meeting 08/03/2021 Page 107 of 402 Town of Marana will be reimbursed salary, other employee-related expenses, and overtime up to $140,360 for services provided in coordination with CNA and funded under the HIDTA Program. The term of the grant agreement is 24 months, from January 1, 2021 to December 31, 2022. The grant funded position was included in the 2021-2022 budget. This award funds salary expense, other employee related expenses and overtime at $140,360. Financial Impact: Fiscal Year:2022 Budgeted Y/N:Y Amount:$140,360 Budget Authority is available in the Grants fund. Staff Recommendation: Staff recommends approval of the Grant Agreement with the City of Tucson to receive funds under the High Intensity Drug Trafficking Areas Program. Suggested Motion: I move to adopt Resolution No. 2021-108; approving and authorizing the Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson and the Town of Marana to receive funding under COT Grant Number HT-21-2930. Attachments Resolution 2021-108 Grant Agreement Marana Town Council Regular Meeting 08/03/2021 Page 108 of 402 00076580.DOCX /1 Resolution No. 20 21-108 - 1 - MARANA RESOLUTION NO. 2021-108 RELATING TO THE POLICE DEPARTMENT; APPRO VING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT BETWEEN THE CITY OF TUCSON (COT) AND THE TOWN OF MARANA TO RECEIVE FUNDING UNDER COT GRANT NUMBER HT -21-2930 WHEREAS the Anti -Drug Abuse Act of 1988 and the National Drug Control Policy Reauthorization Act of 1998 authorized the Director of the Office of National Drug Control Policy to designate areas within the United States which exhibit serious drug trafficking problems as High Intensity Drug Trafficking Areas (HIDTA); and WHEREAS the Southern Arizona Counties of Cochise, La Paz, Maricopa, Mohave, Pima, Pinal, Santa Cruz, and Yuma are designated target areas under the HIDTA Program; and WHEREAS the HIDTA Program provides federal funding to designated HIDTA areas to help eliminate or reduce drug trafficking and its harmful consequences; and WHEREAS the City of Tucson has been awarded funding to coordinate efforts and administer grants in the Southern Arizona Region on behalf of the Office of National Drug Control Policy under the HIDTA Program; and WHEREAS upon execution of a grant agreement, the City of Tucson will award grant funding to the Town of Marana to reimburse salary and employee -related expenses for a Marana Police Department officer for services provided in coordination with the Pima County/Tucson Metro Counter Narcotics Alliance (CNA) funded under the HIDTA Program between January 1, 20 21 and December 31, 2022; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this grant agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The grant agreement between the Town of Marana and the City of Tucson attached to and incorporated by this reference in this resolution as Exhibit A is Marana Town Council Regular Meeting 08/03/2021 Page 109 of 402 00076580.DOCX /1 Resolution No. 20 21-108 - 2 - hereby approved, and the Town Manager is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the grant agreement . PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 110 of 402 CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) PROGRAM GRANT AGREEMENT CFDA NUMBER: 95.001 AWARD NUMBER (FAIN): G21SA0007A COT Grant Number HT-21-2930 This Grant Agreement is made this 1ST day of January 2021 by and between the CITY OF TUCSON hereinafter called “CITY” and GOVERNING BODY, through Marana Police Department hereinafter called “GRANTEE”. The CITY enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 11-951, et seq., and the City of Tucson’s Resolution number 21460, having satisfied itself as to the qualification of GRANTEE. NOW, THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on January 1, 2021 and terminate on December 31, 2022. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the CITY. A request for extension must be received by the CITY sixty (60) days prior to the end of the award period. The CITY may approve an extension that further the goals and objectives of the program and shall determine the length of any extension within Office of National Drug Control Policy (ONDCP) guidelines. 2. The GRANTEE agrees that grant funds will be used for the Counter Narcotics Alliance (CNA). 3. The CITY will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub-standard performance as determined by the CITY will constitute non-compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the CITY finds non-compliance, the GRANTEE will receive a written notice that identifies the area of non-compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps that are being taken to correct the problem, the CITY may suspend funding; permanently terminate this Agreement and/or revoke the grant; Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written CITY approval may constitute sufficient reason for the CITY to terminate this Agreement; revoke the grant; require the return of all unspent funds, perform an audit of expended funds; and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the parties. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A. If to the City of Tucson: City of Tucson ATTN: Business Services Police Satellite Office (Finance) Tucson Police Department 270 S. Stone Ave. Tucson, Arizona 85701-1917 Marana Town Council Regular Meeting 08/03/2021 Page 111 of 402 High Intensity Drug Trafficking Area Grant Number HT-2 1 -2930 Page 2 B. If to the GRANTEE: Marana Police Department Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Attention: Jamsheed Mehta, Town Manager 5. The GRANTEE may make budget adjustments only after written notification with signature approval from Arizona HIDTA Director is provided to the CITY. A grant adjustment notice (GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or reprogramming of the grantee’s budget in an initiative or any reprogramming between initiative and/or agencies; in any amount, require the approval of the Board, the AZ HIDTA Director, and/or the ONDCP in accordance with HIDTA Program Policy and Budget Guidance. APPROVED LINE ITEM PROGRAM BUDGET Personnel: Salaries Fringe Benefits Overtime Travel Facilities Services Operating Expenses: Supplies Other Equipment TOTAL $59,444.00 $8,916.00 $72,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $140.360.00 See Attached Budget Detail Sheet 6. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 7. Every payment obligation of the CITY under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the CITY. No liability shall accrue to the CITY in the event this provision is exercised, and the CITY shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 8. The GRANTEE understands that prior to the expenditure of confidential funds; an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in HIDTA Program Policy and Budget Guidance Para. 6.16.2 Marana Town Council Regular Meeting 08/03/2021 Page 112 of 402 High Intensity Drug Trafficking Area Grant Number HT-2 1 -2930 Page 3 9. The GRANTEE certifies that it will comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR 200 as codified in 2 CFR Part 3603 and HIDTA Program Policy & Budget Guidance - January 6, 2020. Link: Electronic Code of Federal Regulations: http://www.ecfr.gov 10. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as detailed in 2 CFR, Part 200, §200.305 Payment, and all unexpended grant funds to the CITY within 30 days after receipt of a written request from the CITY. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 11. The GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the CITY. All such documents shall be subject to inspection and audit at reasonable times. 12. For the purpose of this grant, a capital expenditure is $5,000 or above. If the GRANTEE’S policy defines a capital expenditure as less than $5,000, the GRANTEE will use its own policy. The GRANTEE shall maintain a tracking system, in accordance with HIDTA Program Policy & Budget Guidance – January 6, 2020, Section 8, to account for all HIDTA purchased equipment, vehicles, and other items valued at $5000 or more per unit at the time of purchase. GRANTEE is encouraged to include lower cost, high-risk items, electronic devices and software, such as but not limited to digital cameras, palm pilots, and GPS devices in the tracking system. The GRANTEE agrees to abide by Section 8, that those using HIDTA funds to purchase equipment must maintain a current inventory of HIDTA-purchased equipment and must provide that inventory to the HIDTA Director or an ONDCP employee, and/or the CITY upon request. A 100-percent physical inventory of HIDTA-purchased equipment must be conducted at least every two years. 13. The GRANTEE agrees to follow equipment disposition policies outlined in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR 200 Subpart D- Post Federal Award Requirements, §§ 310-316- Property Standards when the equipment is no longer needed for the grant program. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: Electronic Code of Federal Regulations http://www.ecfr.gov The GRANTEE agrees that the purchasing agency shall comply with ONDCP HIDTA Program Policy & Budget Guidance – January 6, 2020 Section 8 in determining the end of the useful life and disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation of the disposition and provide to the HIDTA Director and the CITY. 14. The GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP HIDTA Program Policy & Budget Guidance – January 6, 2020. Marana Town Council Regular Meeting 08/03/2021 Page 113 of 402 15. The GRANTEE will comply with the audit requirements of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200 Subpart F- Audit Requirements and provide the CITY with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: Electronic Code of Federal Regulations http://www.ecfr.gov Marana Town Council Regular Meeting 08/03/2021 Page 114 of 402 High Intensity Drug Trafficking Area Grant Number HT-2 1 -2930 Page 4 16. The GRANTEE agrees that it will submit financial reports and supporting documentation to the CITY through the AZ HIDTA Finance Manager on forms/format provided by the CITY, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period Month of: Due Date: Report Period Month of: Due Date: January 1 - 31 February 1 - 29 March 1 – 30 April 1 - 30 May 1 - 31 June 1 - 30 February 25 March 25 April 25 May 25 June 25 July 25 July 1 – 31 August 1 - 31 September 1 – 30 October 1 - 31 November 1 - 30 December 1 - 31 August 25 September 25 October 25 November 25 December 25 January 25 More frequent reports may be required for GRANTEES who are considered high risk. 17. All goods and services purchased with grant funds must be received by the GRANTEE within 60 days of the expiration of this award. 18. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 2 CFR 180 et. seq. for individuals, agencies, companies and corporations debarred or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Excluded Parties Listing System http://sam.gov 19. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. Supplanting means the deliberate reduction of State or local funds because of the existence of Federal funds. 20. The GRANTEE assigns to the CITY any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 21. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12-1501 et seq. 22. The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 25 of this Agreement pertaining to disputes, which are subject to arbitration. 23. The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from the prior year grant are submitted to the CITY. Marana Town Council Regular Meeting 08/03/2021 Page 115 of 402 High Intensity Drug Trafficking Area Grant Number HT-2 1 -2930 Page 5 24. The GRANTEE (as “Indemnitor”) agrees to indemnify, defend and hold harmless the CITY (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses, (including reasonable attorney’s fees) (hereinafter collectively referred to as “Claims”) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency or entity, this paragraph does not apply. 25. Unless GRANTEE’s contractor or subcontractor is a State agency or entity, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless the City of Tucson, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims” ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE’S contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Worker’s Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit “A”. 26. If the GRANTEE is a governmental political subdivision, the GRANTEE will, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. 27. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 2009-09 and 2007-21. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the CITY. Marana Town Council Regular Meeting 08/03/2021 Page 116 of 402 High Intensity Drug Trafficking Area Grant Number HT-2 1 -2930 Page 6 28. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the CITY by the GRANTEE. 29. The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 2 CFR Part 182. 30. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I-9). This form is to be used by recipients to verify that persons are eligible to work in the United States. Additionally the GRANTEE ensures compliance with Executive Order 2005-30 federal immigration laws by state employers and contractors. 31. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the CITY within ten (10) days in the event that the project official is replaced during the award period. 32. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the CITY. 33. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 34. The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. 35. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the CITY Standard Form- LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions Marana Town Council Regular Meeting 08/03/2021 Page 117 of 402 High Intensity Drug Trafficking Area Grant Number HT-2 1 -2930 Page 7 36. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. 37. This Agreement may be cancelled at the CITY’s discretion if not returned with authorized signatures to the CITY within 90 days of commencement of the award. 38. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. 39. Pursuant to resolution number 21460, adopted by Mayor and Council December 15, 2009, the Tucson Police Chief is authorized to enter into contracts and grant agreements for HIDTA operations. 40. In accordance with A.R.S. §41-4401, GRANTEE warrants compliance with E-Verify and all federal immigration laws and regulations relating to employees and warrants compliance with A.R.S. § 23-214A. Marana Town Council Regular Meeting 08/03/2021 Page 118 of 402 High Intensity Drug Trafficking Area Grant Number HT-2 1 -2930 Page 8 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Signature Date Printed Name and Title Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the CITY with the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Printed Name and Title INDICATE STATUTORY OR OTHER LEGAL AUTHORITY TO ENTER AGREEMENT BELOW: Appropriate A.R.S., ordinance, or charter reference FOR CITY OF TUCSON: Chris Magnus, Chief of Police Date City of Tucson Police Department Principal Assistant City Attorney Date City of Tucson Police Department Approved as to form Marana Town Council Regular Meeting 08/03/2021 Page 119 of 402 CITY OF TUCSON GRANT AGREEMENT Insurance Requirements Exhibit “A” Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The City of Tucson in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products – Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability – Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: “The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor". (Note that the other governmental entity(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Marana Town Council Regular Meeting 08/03/2021 Page 120 of 402 Exhibit “A” Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: “The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insured with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor". (Note that the other governmental entity(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease – Each Employee $500,000 Disease – Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. Marana Town Council Regular Meeting 08/03/2021 Page 121 of 402 Exhibit “A” Page 3 C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the City of Tucson. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non- admitted insurers in the State of Arizona with an “A.M. Best” rating of not less than A- VII. The City of Tucson in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE. The City of Tucson’s project/contract number and project description are to be noted on the certificate of insurance. The City of Tucson reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY OF TUCSON’S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverage’s for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements must have prior approval from the City of Tucson, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. If the contractor or sub-contractor(s) is/are a City of Tucson agency, board, commission, or university then none of the above shall apply. Marana Town Council Regular Meeting 08/03/2021 Page 122 of 402 CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT Confidential Funds Certification Exhibit “B” CONFIDENTIAL FUNDS CERTIFICATION 1) This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. 2) My agency is/ is not authorized to disburse confidential funds. Grant Number: HT-21-2930 Date: _____________________ Signature: ___________________________ Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures, which incorporate the following elements: Deviations from these elements must receive prior approval of the ONDCP. 1. Imprest Fund. The funds authorized will be established in an imprest fund, which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P/I. Such authorization must specify the information to be received, the amount of expenditures, and assumed name of the informant. 3. Informant Files: Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and/or fingerprints of the informant payee should also be maintained. Refer to Informant Files “Documentation” (2) for a list of required documents for the informant files. 4. Cash Receipts. a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash advanced to him/her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cash paid to him/her. Marana Town Council Regular Meeting 08/03/2021 Page 123 of 402 Exhibit “B” Page 2 5. Receipts for Purchase of Information. An Informant Payee Receipt shall identify the exact amount paid to and received by the informant payee on the date executed. Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: a. The jurisdiction initiating the payment. b. A description of the information/evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the informant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first-line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signatures. He/she shall also evaluate the information received in relation to the expense incurred, and add his/her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent or officer in charge on the basis of the report and Informant Payee’s Receipt. 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on a quarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant payee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients/subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve/disapprove), modifications, closure or impact material, and receipts and/or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents, which should be in an informant’s file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. Marana Town Council Regular Meeting 08/03/2021 Page 124 of 402 Exhibit “B” Page 3 INFORMANT FILES 1. Security. A separate file should be established for each informant for accounting purposes. Informant files should be kept in a separate and secure storage facility, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him/her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign-out logs should be kept indicating the date, informant number, time in and out, and the signature of the person reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record - kept on top of the file. This record provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant’s establishment. c. Current photograph and fingerprint card (or FBI/State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P/I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, including documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant code name to protect the informant’s identity. Marana Town Council Regular Meeting 08/03/2021 Page 125 of 402 Exhibit “B” Page 4 2. An informant code book controlled by the supervisor or his/her designee containing: a. Informant’s code number. b. Type of information (i.e. informant, defendant/informant, restricted use/informant). c. Informant’s true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no longer correct (e.g. a change in criminal status, means of locating him/her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE/PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and/or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual or potential seizure. c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to informants may be made. a. Payments for Information and/or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively participating in it, he/she may be paid for his/her service either in a lump sum or in staggered payments. Payments for information leading to a seizure, with no defendants, should be held to a minimum. Marana Town Council Regular Meeting 08/03/2021 Page 126 of 402 Exhibit “B” Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his/her immediate family, movement and/or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency’s informant, he/she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non- officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE/PI/PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its jurisdiction and delegate authority to approve PE/PI/PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should establish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his/her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. Marana Town Council Regular Meeting 08/03/2021 Page 127 of 402 Exhibit “B” Page 6 Funds for PE/PI/PS expenditures should be advanced to the officer for a specific purpose. If they are not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt form. Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or funds paid or advanced to an informant. 6. For security purposes there should be a 48-hour limit on the amount of time funds advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent at any point within the 48-hour period that the expenditure will not materialize, the funds should be returned to the cashier as soon as possible. An extension of the 48- hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of security under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless of circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained. Marana Town Council Regular Meeting 08/03/2021 Page 128 of 402 Council-Regular Meeting C8 Meeting Date:08/03/2021 To:Mayor and Council From:Jane Fairall, Town Attorney Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-109: Relating to Administration; authorizing the transfer of ownership of a 2011 Ford Crown Victoria to the City of Nogales (Jane Fairall) Discussion: Section 3-4-31 of the Marana Town Code provides that the Purchasing Director shall be responsible for the management of Town supplies during their entire life cycle, and may sell, lease, transfer, or dispose of surplus supplies in accordance with state law, in the best interests of the Town, and in as competitive a manner as the Purchasing Director determines to be practicable. The Purchasing Director, in conjunction with the Marana Police Department, has determined that a 2011 Ford Crown Victoria K9 patrol unit may be disposed of as surplus property. The City of Nogales Police Department has a need for the surplus vehicle for its K9 unit. Currently, Nogales P.D. has two K9 vehicles and two handlers, but no pool vehicle for the K9's. If a K9 vehicle is being repaired or down for any reason, the K9's must travel in a regular patrol vehicle, which is not ideal for the K9 or the officer. The proposed resolution will authorize the Purchasing Director to transfer ownership of the surplus K9 patrol unit to the City of Nogales free of charge. Financial Impact: The transfer of the vehicle to the Nogales Police Department will not have a material impact on the Town's budget. Staff Recommendation: Staff recommends approval of the vehicle transfer. Marana Town Council Regular Meeting 08/03/2021 Page 129 of 402 Suggested Motion: I move to adopt Resolution No. 2021-109, authorizing the transfer of ownership of a 2011 Ford Crown Victoria to the City of Nogales. Attachments Resolution 2021-109 Marana Town Council Regular Meeting 08/03/2021 Page 130 of 402 1 MARANA RESOLUTION NO. 2021-1 09 RELATING TO ADMINISTRATION; AUTHORIZING THE TRANSFER OF OWNERSHIP OF A 2011 FORD CROWN VICTORIA TO THE CITY OF NOGALES WHEREAS Section 3-4-31 of the Marana Town Code provides that the Purchasing Director shall be responsible for the management of Town supplies during their entire life cycle , and may sell, lease, transfer, or dispose of surplus supplies in accordance with state law, in the best interests of the Town, and in as competitiv e a manner as the Purchasing Director determines to be practicable ; and WHEREAS the Purchasing Director, in conjunction with the Marana Police Department, has determined that a 2011 Ford Crown Victoria K9 patrol unit may be disposed of as surplus property; and WHEREAS the City of Nogales Police Department has a need for the surplus vehicle for its K9 unit; and WHEREAS the Town Council finds that the transfer of the vehicle to the City of Nogales in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Purchasing Director is hereby authorized to transfer ownership of a 2011 Ford Crown Victoria K9 patrol unit to the City of Nogal es free of charge . SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 131 of 402 Council-Regular Meeting C9 Meeting Date:08/03/2021 To:Mayor and Council From:Curry C. Hale, Human Resources Director Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-110: Relating to Personnel; approving and adopting amendments to the Town's Personnel Polices and Procedures, revising Chapter 6 - Performance Management and Employee Development by amending section 6-2-5 (A) "Criteria for Approval" (Curry C. Hale) Discussion: The proposed revision to the Town's Personnel Policies and Procedures, Chapter 6 - Performance Management and Employee Development section 6-2-5 (A) "Criteria for Approval" adds an undergraduate or graduate degree in a field that has applicability to the Town's business (e.g., business, criminal justice, engineering, finance, information technology, public administration). Staff Recommendation: Staff recommends approval and adoption of amendments to the Town's Personnel Policies and Procedures, Chapter 6 - Performance Management and Employee Development section 6-2-5 (A) "Criteria for Approval". Suggested Motion: I move to adopt Resolution No. 2021-110 approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 6 - Performance Management and Employee Development section 6-2-5 (A) "Criteria for Approval". Attachments Marana Town Council Regular Meeting 08/03/2021 Page 132 of 402 Resolution 2021-110 Marana Town Council Regular Meeting 08/03/2021 Page 133 of 402 - 1 - Marana Resolution No. 2021-110 MARANA RESOLUTION NO. 2021-110 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN’S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPT ER 6 - PERFORMANCE MANAGEMENT AND EMPLOYEE DEVE LOPMENT BY AMEND- ING SECTION 6-2-5(A) "CRITERIA FOR APPROVAL” 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 6-1 of the Town’s Personnel Policies and Procedures, entitled “Performance Management” is hereby amended as follows (with deletions shown with strikeouts and additions shown with double underlining ): POLICY 6 -2 EDUCATION ASSISTANCE [No revisions to Sections 6 -2 -1 through 6 -2 -4 Section 6 -2 -5 Criteria for Approval A. All Ccourses shall be directly related either to the employee’s present job or to a posi- tion within the Town to which the employee could logically progress in the future ,and courses shall have or a part of a planned program leading to an undergraduate or gradua te degree in a field that has applicability to Town business (e.g., account- ing, engineering, criminal justice). B. Courses shall be taken on the employee’s own time, during off duty hours. C. Courses shall be taken at accredited colleges, universities or community colleges or at Town-approved vocational and trade schools. [No revisions to Sections 6 -2 -6 and 6-2-7 ] Marana Town Council Regular Meeting 08/03/2021 Page 134 of 402 - 2 - Marana Resolution No. 2021-110 SECTION 2. 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 3. The Town’s manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry o ut 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 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 135 of 402 Council-Regular Meeting C10 Meeting Date:08/03/2021 To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:August 3, 2021 Subject:Approval of the Regular Council Meeting Summary Minutes of June 15, 2021, the Special Council Meeting Summary Minutes of June 15, 2021, and the June 22, 2021 Council Study Session Meeting Summary Minutes (Cherry L. Lawson) Attachments Regular Council Meeting Summary Minutes, 06/15/2021 Special Council Meeting Summary Minutes, June 15, 2021 Council Study Session Meeting Summary Minutes, 06/22/2021 Marana Town Council Regular Meeting 08/03/2021 Page 136 of 402 Regular Council Meeting Summary Minutes June 15, 2021 1 | P a g e MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 15, 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 Vice Mayor Post called the meeting to order at 6:00 PM and directed the Clerk to call the roll. Mayor Honea (Excused), Vice Mayor Post, Council Members: Jackie Craig, Patti Comerford, Roxanne Ziegler, John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Vice Mayor Post. APPROVAL OF AGENDA Council Member Comerford moved and Council Member Ziegler second the motion to remove Item C5 from the Consent Agenda, and move it to Item A2 for discussion, and approve the remaining agenda as presented. Motion passes, 6-0. CALL TO THE PUBLIC Vice Mayor Post open the meeting to receive public comments. No comments were offered. PROCLAMATIONS Marana Town Council Regular Meeting 08/03/2021 Page 137 of 402 Regular Council Meeting Summary Minutes June 15, 2021 2 | P a g e PR1 Proclamation recognizing Audra Winters (Cherry L. Lawson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS No reports from the Council. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Terry Rozema reported the May Executive Report is available online, and the June Executive Report will be available after the July 4 th holiday. The Town has issued 59 single-family housing permits this month. However, last June the Town issued 111 single-family housing permits. He reminded Council that the Town conducted an executive search for the new Airport Manager. Barbara Hempel will begin her employment with the Town on June 21. He thanked Assistant to the Town Manager Heath Vescovi-Chiordi for stepping up to oversee the Airport while the search was conducted for the new Airport Manager. The Town will host the Star Spangled Banner 4th of July Celebration, and will be the only jurisdiction in Pima County hosting a 4th of July celebration event. This event is scaled down from past years events. He thanked Communications Manager Vic Hathaway and Special Events Coordinator Monique Hagberg and the Communications team for their efforts to bring this event forward. Marana Police Department held a badge pinning ceremony for up to nine (9) officers. During the event, four (4) officers were awarded for saving the life of a man who went into cardiac arrest. PRESENTATIONS P1 Relating to Budget; presentation of third quarter results (July -March) for the Town's General Fund and other selected major funds for the 2020-2021 fiscal year (Yiannis Kalaitzidis) Finance Director Yiannis Kalaitzidis provided a PowerPoint Presentation of the third quarter results (July-March) for the Town’s General Fund and other selected major funds for the 2020-2021 fiscal year. (A copy of the presentation is available on the Town’s website for review.) CONSENT AGENDA C1 Resolution No. 2021-079: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2021-2022 to support operation of Marana Town Council Regular Meeting 08/03/2021 Page 138 of 402 Regular Council Meeting Summary Minutes June 15, 2021 3 | P a g e the Marana Visitor Center and provision of services to the Marana community (Jane Fairall) C2 Resolution No. 2021-080: Relating to Police Department; approving and authorizing the Mayor and the Police Chief to execute an Intergovernmental Agreement Regarding Joint Formation and Operation of Specialized Law Enforcement Teams Among Public Agencies Within Pima County (Libby Shelton) C3 Resolution No. 2021-081: Relating to Administration; approving the Travel and Training for Elected and Appointed Officials Administrative Directive for application to the Town's elected and appointed officials. C4 Resolution No. 2021-082: Relating to Development; approving a final block plat for Marana Tech Center Blocks A & B located at the southwest corner of Tangerine Road and Breakers Road (Brian D. Varney) C5 Resolution No. 2021-083: Relating to Water; approving and authorizing the Mayor to sign “NIA Subcontract No. 21-XX-30-W0697” among the United States, the Central Arizona Water Conservation District, and the Town of Marana; and authorizing town staff to undertake all other necessary or prudent steps to finalize the reallocation of 515 acre-feet of Central Arizona Project NIA Priority Water (Jing Luo) Item pulled from the Consent Agenda for discussion as Item A2. C6 Resolution No. 2021-084: Relating to Real Estate; approving and authorizing the Mayor to execute the Second Amendment to Lease Agreement with Marana Chamber of Commerce, Inc. regarding the lease of Town-owned property located at 13251 N. Lon Adams Road (Jane Fairall) C7 Resolution No. 2021-085: Relating to Development; approving a final plat for Gladden Farms Block 35, Lots 1-3, located south of West Hancock Drive, east of North Amberwood Place, and West of Midfield Road (Anita McNamara) C8 Resolution No. 2021-086: Relating to Development; approving the Final Plat for Saguaro Reserve I at Dove Mountain, Lots 1-38, 41-173, Block "1" (Future Residential) and Common Areas "A" (Private Streets) and "B" (Open Space / Drainage) located north of and at the west end of Dove Mountain Boulevard within Sections 16 and 21, Township 11 South and Range 12 East (Brian D. Varney) C9 Resolution No. 2021-087: Relating to Development; approving a final plat for Alexander Apartments Blocks 1 and 2 located at the southwest corner of Aerie Drive and Thornydale Road (Cynthia Ross) Marana Town Council Regular Meeting 08/03/2021 Page 139 of 402 Regular Council Meeting Summary Minutes June 15, 2021 4 | P a g e C10 Resolution No. 2021-088: Relating to Development; approving a final plat for QuikTrip 1469 Parcel 1, Lots 1-2; located at the northeast corner of West Ina Road and North Starcommerce Way. (Anita McNamara) C11 Resolution No. 2021-089: Relating to Development; approving a final plat for Sierra Pointe Lots 1-27 and Common Areas "A" and "B" located on the west side of Coachline Boulevard approximately 0.2 miles north of Silverbell Road (Cynthia Ross) C12 Resolution No. 2021-090: Relating to Development; approving a Release of Assurances for Desert Oasis at Twin Peaks subdivision and accepting public improvements for maintenance (Gus Myers) C13 Resolution No. 2021-091: Relating to Addressing; renaming five streets located in Rancho Marana 154, Block 4, located generally at the northwest corner of Tangerine Farms Road and Clark Farms Boulevard (Jacob Payne) C14 Resolution No. 2021-092: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pima County for provision of video-court hearings of municipal prisoners for 2021-2022 (Laine McDonald) C15 Resolution No. 2021-093: Relating to the Police Department; exempting undercover vehicles used by the Marana Police Department in felony investigations or activities of a confidential nature from Arizona state laws related to the designation of political subdivision motor vehicles; authorizing the Chief of Police to renew existing vehicle registrations for these undercover police vehicles and to obtain vehicle registrations for new undercover vehicles to be used in felony investigations or activities of a confidential nature (Libby Shelton) C16 Resolution No. 2021-094: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for payment for the incarceration of municipal prisoners for the period of July 1, 2021 through June 30, 2022 (Jane Fairall) C17 Resolution No. 2021-095: Relating to Intergovernmental Relations; approving and authorizing the Town Manager to execute a Lobbying Services Agreement with Triadvocates, LLC for Fiscal Year 2022 (Heath Vescovi -Chiordi) C18 Approval of the Regular Council Meeting Summary Minutes of June 1, 2021, and the Council Study Session Meeting Summary Minutes of June 8, 2021 (Cherry L. Lawson) Council Member Kai moved and Council Member Officer second the motion to approve the Consent Agenda as presented. Motion passes, 6-0. Marana Town Council Regular Meeting 08/03/2021 Page 140 of 402 Regular Council Meeting Summary Minutes June 15, 2021 5 | P a g e LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #12 Restaurant liquor license submitted by Andrea Dahlman Lewkowitz on behalf of Cracker Barrel, located at 8400 North Cracker Barrel Road, Tucson, Arizona 85743 (Cherry L. Lawson) Town Clerk Cherry Lawson provided a brief overview of the request for a new series #12 Restaurant liquor license submitted by Andrea Dahlman Lewkowitz on behalf of Cracker Barrel, located at 8400 North Cracker Barrel Road, Tucson, Arizona 85743. Council Member Ziegler moved and Council Member Kai second the motion to approve and submit to the DLLC an order recommending approval of an application for a new series #12 Restaurant Liquor License submitted by Andrea Dahlman Lewkowitz on behalf of Cracker Barrel, located at 8400 North Cracker Barrel Roa d, Tucson, Arizona 85743. Motion passes, 6-0. BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2021-096: Relating to Boards, Commissions, and Committees; making appointments to the Town of Marana Planning Commission (David L. Udall) Associate Town Attorney David Udall provided an overview of Resolution No. 2021-096 making appointments to the Town of Marana Planning Commission. Stating there are currently four (4) vacancies on the Marana Town Planning Commission, three of the vacancies are full- terms that would expire in 2025. One of the vacancies is a result of a resignation. That involves is a two-year term that would expire in 2023. Town staff had publish a notice soliciting applications for the vacancies, and received five (5) applications from the following applicants: Ronald Hill, David Bowen, Joseph Parsons, Christopher DeYoung and Don Duncan. Each of the applicants meets the Towns requirements for serving on the Planning Commission. Mr. Udall deferred to Council Member Ziegler as Chairperson of the Council Committee for Planning Commission and Board of Adjustments for its recommendations. Council Member Ziegler thanked each of the applicants who submitted an application to serve on the Planning Commission. The recommendations are as follows: Don Duncan, four-year term; Ronald Hill, four-year term; newly appoint David Bowen, four-year term; and Joseph Parsons, two-year term. Council Member Comerford moved and Council Member Craig second the motion appointing Don Duncan, Ronald Hill and David Bowen to the Town of Marana Planning Commission for a term ending June 30, 2025, and Joseph Parsons to the Town of Marana Planning Commission for a term ending June 30, 2023. Motion passes, 6-0. Marana Town Council Regular Meeting 08/03/2021 Page 141 of 402 Regular Council Meeting Summary Minutes June 15, 2021 6 | P a g e B2 Resolution No. 2021-097: Relating to Boards, Commissions, and Committees; approving the appointment of George Kennedy to the Marana Public Safety Personnel Retirement System (PSPRS) local board (David L. Udall) Mr. Udall provided an overview of Resolution No. 2021-097 approving the appointment of George Kennedy to the Marana Public Safety Personnel Retirement System (PSPRS) local board. Council Member Comerford moved and Council Member Officer second the motion approving the appointment of George Kennedy to the Marana Public S afety Personnel Retirement System (PSPRS) local board for a term ending June 30, 2025. Motion passes, 6-0. COUNCIL ACTION A1 PUBLIC HEARING: Ordinance No. 2021.010: Relating to Development; adopting comprehensive revisions to and reformatting and consolidating Marana Land Development Code Section 05.01 (Establishment of Zones), Section 05.02 (Regulations Within Zones A-E), Section 05.03 (Significant Land Use Change (Applies only to Zones A-E)), Section 05.05.08 (Manufactured Homes in Zone A, B, & C), Section 05.06 (Zone F – Specific Plans), Section 05.10 (New Zones Established), Section 08.06 (Residential Design), Section 08.07 (Commercial Design Standards), Title 17 (Environmental Resource Preservation, Native Plant Protection and Landscape Requir ements), Title 19 (Standards for Grading and Related Site Work), and Title 20 (Protection of Cultural Resources) into Title 17 (Land Development) of the Marana Town Code; reformatting Title 24 (Overlay District Regulations) of the Marana Land Development Code into Title 17 (Land Development) of the Marana Town Code; adopting comprehensive revisions to Marana Town Code Chapters 17-1 (Title, Intent, Purpose and Definitions), 17-5 (Subdivisions) and 17-6 (General Development Regulations); and adopting other various revisions to Chapters 17-3 (Administration and Enforcement), 17-9 (Parking), 17-15 (Floodplain and Erosion Hazard Management Code), and 17-16 (Stormwater Management) of the Marana Town Code; and designating an effective date (Steven Cheslak) Resolution No. 2021-098: Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2021.010 comprehensive revisions to and reformatting and consolidation of Marana Land Development Code Section 05.01 (Establishment of Zones), Section 05.02 (Regulations Within Zones A-E), Section 05.03 (Significant Land Use Change (Applies only to Zones A-E)), Section 05.05.08 (Manufactured Homes in Zone A, B, & C), Section 05.06 (Zone F – Specific Plans), Section 05.10 (New Zones Established), Section 08.06 (Residential Design), Section 08.07 (Commercial Design Standards), Title 17 (Environmental Resource Preservation, Native Plant Protection and Landscape Requirements), Title 19 (Standards for Grading and Related Site Work), and Title 20 (Protection of Cultural Resources) into Title 17 (Land Development) of the Marana Town Code; reformatting Title 24 (Overlay District Regulations) of the Marana Land Development Code into Title 17 (Land Development) of the Marana Town Code; adopting comprehensive revisions to Marana Town Code Marana Town Council Regular Meeting 08/03/2021 Page 142 of 402 Regular Council Meeting Summary Minutes June 15, 2021 7 | P a g e Chapters 17-1 (Title, Intent, Purpose and Definitions), 17-5 (Subdivisions) and 17-6 (General Development Regulations); and adopting other various revisions to Chapters 17-3 (Administration and Enforcement), 17-9 (Parking), 17-15 (Floodplain and Erosion Hazard Management Code), and 17-16 (Stormwater Management) of the Marana Town Code (Steven Cheslak) [6:24 PM Minutes:] Vice Mayor Post open the meeting for public testimony. Principal Planner Steven Cheslak provided an overview of Ordinance No. 2021.010 and Resolution No. 2021-098 adopting the comprehensive revisions to and reformatting and consolidating Marana Land Development Code, and declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2021.010 comprehensive revisions to and reformatting and consolidation of Marana Land Development Code. He thanked Council, Legal Department, Community Development and Neighborhood Services, along with former Town Attorney Frank Cassidy, and so many others who were involved in bringing this item forward as it took over 10 years to bring it forward to completion. Vice Mayor Post stated if a preliminary plat does not come to Council, he ask whether the developer would run the risk having a plat come before Council whereby someone else has some concerns with. With the new process for review of the preliminary plat becoming administrative, when would the Council have an opportunity to review the plat? Town Attorney Jane Fairall responded stating even at the final plat stage, it is a ministerial document. Staff reviews the plat against the General Plan, the zoning for that property and other code provisions. If it checks all of the boxes, there is really nothing for the Council to do other than to approve it. That is the reason why these items come before Council on the consent agenda. The point where Council exercises its discretion is at the zoning stage. Council Member Comerford congratulated all who worked on this item to bring it forward. [6:43 PM Minutes:] Vice Mayor Post closed the meeting to public testimony. Council Member Comerford moved and Council Member Officer second the motion to adopt Ordinance 2021.010 and Resolution 2021-098, adopting the comprehensive revisions and reformatting of Sections 5 (part), 8 (part), 17, 19, & 20 of the Land Development Code into Title 17 of the Town Code; reformatting of Title 24 of the Land Development Code into Title 17 of the Town Code; comprehensive revisions to Town Code chapters 17-1, 17-4,17-5, and 17-6; and other revisions to Title 17 of the Town Code; and making them a public record . Motion passes, 6-0. Marana Town Council Regular Meeting 08/03/2021 Page 143 of 402 Regular Council Meeting Summary Minutes June 15, 2021 8 | P a g e C5 Resolution No. 2021-083: Relating to Water; approving and authorizing the Mayor to sign “NIA Subcontract No. 21-XX-30-W0697” among the United States, the Central Arizona Water Conservation District, and the Town of Marana; and authorizing town staff to undertake all other necessary or prudent steps to finalize the reallocation of 515 acre-feet of Central Arizona Project NIA Priority Water (Jing Luo) Item pulled from the Consent Agenda. Water Director Jing Luo provided an overview of the “NIA Subcontract No. 21-XX-30- W0697” among the United States, the Central Arizona Water Conservation District, and the Town of Marana; and authorizing town staff to undertake all other necessary or prudent steps to finalize the reallocation of 515 acre-feet of Central Arizona Project NIA Priority. Council Member Kai asked what the priority level is for the water, asking whether it is the same priority as the MNI water. Ms. Luo replied stating the NIA water is like priority as compared to MNI; however, it is still from the CAP water cannel that it is one priority level lower than an MNI. Vice Mayor Post stated in reviewing the notes, this is subject to cuts depending on the level of the lake. Even though it can be cut, he asked whether it would meet the 100-year requirement for water supply. Ms. Luo stated it would help the Town to supply water to support development in the Town of Marana, that with the cut, they have stated within the agreement that the subcontract will have a meeting with CAP. She provided as an example, if the Town keep a tier one based upon the Bureau of Reclamation water shortage, at the second year mark, they would try to do all that they could do to meet the Town’s allocation in that first year of 515 acre-feet. The second year the Town may keep the tier one cut shortage they would only provide 75%. If it goes onto higher tiers, there would be additional cuts. Vice Mayor Post inquired about the O&M and whether the Town would pay 2000 per acre-feet on that. Ms. Luo replied affirming the amount stating that 2000 per acre-feet is that initial cost for payback (as it is her understanding) to pay back the previous capital costs. The annual cost (second part of the fee structure) that includes the annual and water delivery cost. The capital cost relates to the O&M cost that happens to the system, and the water delivery cost are associated with the energy cost. Vice Mayor Post asked whether there is any other CAP water available. Ms. Luo stated there may be some but cannot state. This contract allows Town staff to be at the table in the event water does become available. If that should occur, Town staff will bring that information forward. Marana Town Council Regular Meeting 08/03/2021 Page 144 of 402 Regular Council Meeting Summary Minutes June 15, 2021 9 | P a g e Council Member Craig asked how this affects the Town’s dedicated water supply amount since the NIA water may disappear periodically as the Town receives most of its CAP. Ms. Luo replied stating based upon the conversations the Town has had CAP representatives, they project they will fulfill approximately 50% of the Town’s allocation over the years. The Town has factored that into its water portfolio. Instead of including 515 acre-feet of water into the Town’s portfolio, the Town only included 50%. Deputy Town Manager Erik Montague stated with respect to the overall water supply, Town staff is currently in the process of preparing the analysis, and we anticipate coming back to Council after the July break. It has been sometime since the Town has discussed its water portfolio with the Council. Tonight’s action will help to supplement the Town’s position in its water portfolio; however, the Town will have a detail update to its position once the Council resumes its meeting in August. Council Member Kai suggested the Town look at the City of Quartzsite, as they have an allocation that he does not believe they will use. It may require a pipeline in order to move the water. Council Member Ziegler moved and Council Member Officer second the motion to approve Resolution No. 2021-083 approving and authorizing the Mayor to sign “NIA Subcontract No. 21-XX-30-W0697” among the United States, the Central Arizona Water Conservation District, and the Town of Marana; and authorizing town staff to undertake all other necessary or prudent steps to finalize the reallocation of 515 acre - feet of Central Arizona Project NIA Priority Water. Motion passes, 6-0. ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Relating to the Marana Town Code; update, discussion, and direction regarding implementation of the Town's first Neighborhood Preservation Code (Lisa Shafer) Community Development Director Lisa Shafer provided and overview of the Town’s first Neighborhood Preservation Code. Discussion ensued with Vice Mayor Post and Council providing directions to staff on proceeding forward with the proposed Neighborhood Preservation Code for the Town of Marana. Vice Mayor Post open the meeting to receive public comments. David Parker discussed his experience in living in Marana in this transitional town that we currently live in. There has been a lot of change over the years. The Town needs reasonable tools to handle these issues. However, he does not believe the Town needs to go so far as to become a CCNR or become an HOA. He does not necessarily agree with the proposed draft code. Marana Town Council Regular Meeting 08/03/2021 Page 145 of 402 Regular Council Meeting Summary Minutes June 15, 2021 10 | P a g e D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema) Mr. Rozema reported that there are no new updates on legislation at the state or federal level. The legislature just reconvened on June 10. Unfortunately, they have not passed a budget as of yet. The house budget failed on a procedural vote in the Committee of the Whole. No alternative budget was presented or offered at that time. There is no consensus of the budget at this time. There is some conversation on presenting a skinny budget, which is similar to what was done last year. However, there could be a revision to the original proposed budget. Lastly, a special session was convened this day at 10:00 a.m. to discuss funding for wild fires in Arizona. They are looking to pass a $100M budget to deal with those fires. D3 PUBLIC HEARING: Relating to Budget; public hearing regarding the Town of Marana's fiscal year 2021-2022 final budget (Yiannis Kalaitzidis) [7:52 PM Minutes:] Vice Mayor Post opened the meeting to receive public testimony. Mr. Kalaitzidis provided an overview of the FY2022 Budget Timeline stating the Town is before the Council for approval in adopting the FY2021-2022 Final Budget. He is happy to report that the Town did not have any changes to the budget once Council approved the Tentative Budget. The Town is seeking Council approval to adopt the FY2022 budget in the amount of $158.9M, which includes the traditional $5M contingency amount in the General Fund, and $5M from the State of Arizona towards the I-10 widening road project. On the revenue side, the League informed the Town that neither they nor any state agency intends to make any changes to regional revenue numbers that they shared with Marana. Council Member Craig asked whether there is a possibility that Marana will not receive the $5M for Tangerine due to the situation at the state level. Mr. Kalaitzidis replied stating the Town do hope that there will not be any changes, as he is optimistic that the Town will receive those funds. Mr. Rozema concurred with Mr. Kalaitzidis statement. [7:58 PM Minutes:] Vice Mayor Post closed the meeting to public testimony. 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 Marana Town Council Regular Meeting 08/03/2021 Page 146 of 402 Regular Council Meeting Summary Minutes June 15, 2021 11 | P a g e consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). E2 Executive Session pursuant to A.R.S. § 38-431.03 (A)(1) for discussion, consideration and possible interviews of candidates for a ppointment to the Planning Commission. FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Vice Mayor Post asked for a motion to adjourn the meeting. Council Member Kai, moved and Council Member Ziegler second the motion to adjourn the meeting. Motion passes 6-0. Meeting adjourned at 7:59PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 15, 2021. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Marana Town Council Regular Meeting 08/03/2021 Page 147 of 402 Special Council Meeting Summary Minutes June 15, 2021 1 | P a g e MARANA TOWN COUNCIL SPECIAL COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 15, 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 Vice Mayor Post called the meeting to order at 8:00 PM and directed the Clerk to call the roll. Mayor Honea (Excused), Vice Mayor Post, Council Members: Jackie Craig, Patti Comerford, Roxanne Ziegler, John Officer, and Herb Kai. APPROVAL OF AGENDA Council Member Ziegler moved and Council Member Officer s econd the motion to approve the agenda as presented. Motion passes, 6 -0. COUNCIL ACTION A1 Resolution No. 2021-099: Relating to Budget; adopting the Town of Marana's fiscal year 2021-2022 final budget (Yiannis Kalaitzidis) Council Member Ziegler moved and Council Member Officer second the motion approving Resolution No. 2021-099 adopting the Town of Marana’s fiscal year 2021- 2022 final budget. Motion passes, 6-0. Marana Town Council Regular Meeting 08/03/2021 Page 148 of 402 Special Council Meeting Summary Minutes June 15, 2021 2 | P a g e 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). ADJOURNMENT Vice Mayor Post asked for a motion to adjourn the meeting. Council Member Ziegler, moved and Council Member Comerford second the motion to adjourn the meeting. Motion passes 6-0. Meeting adjourned at 8:01PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Special Council Meeting held on June 15, 2021. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Marana Town Council Regular Meeting 08/03/2021 Page 149 of 402 Council Study Session Meeting June 22, 2021, 3:00 PM 1 | P a g e MARANA TOWN COUNCIL STUDY SESSION MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Second Floor Conference Center, June 22, 2021, at or after 3:00 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 3:00 PM and directed the Clerk to call the roll. 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 requesting a longer moment of silence partially in remembrance of Ed Stolmaker, former President and CEO of the Marana Chamber of Commerce who passed today. APPROVAL OF AGENDA Council Member Ziegler moved and Vice Mayor Post second the motion approving the agenda as presented. Motion passes unanimously, 7-0. DISCUSSION/DIRECTION/POSSIBLE ACTION D1 Resolution No. 2021-100: Relating to Administration; approving and authorizing the Town Manager to execute an agreement through the State of Arizona for Marana Town Council Regular Meeting 08/03/2021 Page 150 of 402 Council Study Session Meeting June 22, 2021, 3:00 PM 2 | P a g e funding from the U.S. Department of the Treasury for Coronavirus Local Fiscal Recovery Funds as part of the American Rescue Plan Act (ARPA). (Kristin Taft) Finance Director Yiannis Kalaitzidis provided an overview of Resolution No. 2021-100 approving and authorizing the Town Manager to execute an agreement through the State of Arizona for funding from the U.S. Department of Treasury for Coronavirus Local Fiscal Recovery Funds as part of the American Rescue Plan Act (ARPA). Council Member Comerford moved and Council Member Ziegler second the motion adopting Resolution No. 2021-100 approving and authorizing the Town Manager to execute an agreement through the State of Arizona for funding from the U.S. Department of Treasury for Coronavirus Local Fiscal Recovery Funds as part of the American Rescue Plan Act (ARPA). Motion passes unanimously, 7-0. D2 Resolution No. 2021-101: Relating to Water; approving Marana Water Department Water Service Area Maps; rescinding and replacing Marana Resolution No. 2016-013; and delegating authority to the Marana Water Director to update certain information in the Water Service Area Maps (Jing Luo) Water Director Jing Luo provided a PowerPoint Presentation overview of Resolution No. 2021-101 approving Marana Water Department Water Service Area Maps; rescinding and replacing Marana Resolution No. 2016-013; and delegating authority to the Marana Water Director to update certain information in the Water Service Area Maps. Council Member Kai moved and Council Member Comerford second the motion to adopt Resolution No. 2021-101 approving Marana Water Department Water Service Area Maps; rescinding and replacing Marana Resolution No. 2016-013; and delegating authority to the Marana Water Director to update certain information in the Water Service Area Maps. Motion passes unanimously, 7-0. D3 Relating to Budget; presentation, discussion and possible direction regarding funding sources to support service levels in a growing community (Terry Rozema and Erik Montague) Town Manager Terry Rozema and Deputy Town Manager Erik Montague provided an overview stating this is to advance the March 2021 discussion and seek additional direction on options to ensure continued investment in service programs and infrastructure. Those investments will help the Town continues to grow while also providing desired services levels and improvements required by our current and future residents. Mayor Honea and Council discussed the aspects of the proposed half-cent sales tax, and proposed projects with Town staff and provided directions for staff to move forward. Marana Town Council Regular Meeting 08/03/2021 Page 151 of 402 Council Study Session Meeting June 22, 2021, 3:00 PM 3 | P a g e Council Member Kai moved and Council Member Officer second the motion directing Town staff to move forward with imposing a half-cent sales tax for the new community and aquatics centers and keeping it as a permanent tax for other public infrastructure that the Town of Marana will need. Motion passes unanimously, 7-0. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post, moved and Council Member Comerford second the motion to adjourn the meeting. Motion passes, 7-0. Meeting adjourned at 4:16PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes for the Study Session Meeting of the Marana Town Council meeting held on June 22, 2021. I further certify that a quorum was present. ____________________________________ Cherry L. Lawson, Town Clerk Marana Town Council Regular Meeting 08/03/2021 Page 152 of 402 Council-Regular Meeting L1 Meeting Date:08/03/2021 To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Nolette Hernandez, Records Clerk Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area Additional Info: 1. Leverage the Town’s coordinating capability to facilitate enhanced customer interaction with multiple governmental and external agencies. a. Ensure Marana residents and business owners experience excellent customer service interactions. Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License submitted by Andrea Dahlman Lewkowitz on behalf of Speedway #2945, located at 12030 North Dove Mountain Boulevard, Marana, Arizona 85658 (Cherry L. Lawson) Discussion: This is an application for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License at Speedway #2945, located at 12030 North Dove Mountain Boulevard, Marana, Arizona 85658. Per advisement from Detective Risa Williams with the Arizona Department of Liquor, the application was not required to be posted for 20 days at the premises where the business is to be conducted. Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. Marana Town Council Regular Meeting 08/03/2021 Page 153 of 402 The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and “in all proceedings before the Town Council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license.” If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona State Liquor Board will take place, unless the director of the DLLC, the liquor board or a resident within a one-mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one-mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Town staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to approve and submit to the DLLC an order recommending approval of an application for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License submitted by Andrea Dahlman Lewkowitz on behalf of Speedway #2945, located at 12030 North Dove Mountain Boulevard, Marana, Arizona 85658. OPTION 2: I move to approve and submit to the DLLC an order recommending disapproval of an application for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License submitted by Andrea Dahlman Lewkowitz on behalf of Speedway #2945, located at 12030 North Dove Mountain Boulevard, Marana, Arizona 85658. Attachments Redacted Application #2945 Marana Town Council Regular Meeting 08/03/2021 Page 154 of 402 Local Governing Body Recommendation Descriptions of Common Liquor Licenses Marana Town Council Regular Meeting 08/03/2021 Page 155 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 156 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 157 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 158 of 402 Marana Town Council Regular Meeting 08/03/2021Page 159 of 402 Marana Town Council Regular Meeting 08/03/2021Page 160 of 402 Marana Town Council Regular Meeting 08/03/2021Page 161 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 162 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 163 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 164 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 165 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 166 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 167 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 168 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 169 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 170 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 171 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 172 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 173 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 174 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 175 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 176 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 177 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 178 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 179 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 180 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 181 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 182 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 183 of 402 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 Local Governing Body Recommendation A.R.S. § 4-201(C) 1. City or Town of: __________________________________________ Liquor License Application #:_______________________________ (Circle one) (Arizona application #) 2. County of: _______________________________________________ City/Town/County #: ______________________________________ 3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2), ______________________________________________________ ______________________________________________________ (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The ___________________________________ at a ________________________________ meeting held on the __________________ of (Governing body) (Regular or special) (Day) _____________________, ____________ considered the application of _______________________________________________________ (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application ______________________________________________, (Arizona liquor license application #) for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________ (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for _____________________________________________________. (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) ____________________________________________ ___________________________________________ (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Marana Town Council Regular Meeting 08/03/2021 Page 184 of 402 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4 -206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 li cense may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on - & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provide d for the bar. Payment must be made no later than the time of delivery. Marana Town Council Regular Meeting 08/03/2021 Page 185 of 402 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, thi s liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from th e premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (li quor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its regi stered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Town Council Regular Meeting 08/03/2021 Page 186 of 402 Council-Regular Meeting L2 Meeting Date:08/03/2021 To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Nolette Hernandez, Records Clerk Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area Additional Info: 1. Leverage the Town’s coordinating capability to facilitate enhanced customer interaction with multiple governmental and external agencies. a. Ensure Marana residents and business owners experience excellent customer service interactions. Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License submitted by Andrea Dahlman Lewkowitz on behalf of Speedway #2985, located at 7810 North Silverbell Road, Tucson, Arizona 85743 (Cherry L. Lawson) Discussion: This application is an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License at Speedway #2985, located at 7810 North Silverbell Road, Tucson, Arizona 85743. Per advisement from Detective Risa Williams with the Arizona Department of Liquor, the application was not required to be posted for 20 days at the premises where the business is to be conducted. Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. Marana Town Council Regular Meeting 08/03/2021 Page 187 of 402 The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and “in all proceedings before the Town Council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license.” If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona State Liquor Board will take place, unless the director of the DLLC, the liquor board or a resident within a one-mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one-mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Town staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to approve and submit to the DLLC an order recommending approval of an application for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License submitted by Andrea Dahlman Lewkowitz on behalf of Speedway #2985, located at 7810 North Silverbell Road, Tucson, Arizona 85743. OPTION 2: I move to approve and submit to the DLLC an order recommending disapproval of an application for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License submitted by Andrea Dahlman Lewkowitz on behalf of Speedway #2985, located at 7810 North Silverbell Road, Tucson, Arizona 85743. Attachments Redacted Application #2985 Local Governing Body Recommendation Marana Town Council Regular Meeting 08/03/2021 Page 188 of 402 Descriptions of Common Liquor Licenses Marana Town Council Regular Meeting 08/03/2021 Page 189 of 402 • - State of Arizona Departinent of Liquor Licenses and C ontrol Nu m ber: Name: Location: Mail ing Address: Phone: Alt. Phone: Email: Created 06/14/2021 @ 02 :46 :56 PM Loca l Govern ing Body Repo11 LICEN SE MULT I-SEE ATTACHED LIST MULTI-SEE ATTACHED LIST MULTI -SEE ATTACHED LIST 2600 N CENTRAL AVENUE #1775 PHOENIX, AZ 85004 USA (520)682-7798 Currently, t hi s license has pending appl ications. AGENT Nam e: AND REA DAHLMAN LEWKOWITZ Gender: Female Correspondence Address : 2600 N CENTRAL AVENUE #1775 PHOENIX, AZ 85004 USA Phone : 111111111111 Alt. Phone: Email: OWNER Page I of3 Marana Town Council Regular Meeting 08/03/2021 Page 190 of 402 Name: Contact Name: Type: e WESTERN REFINING RETAIL LLC ANDREA LEWKOWITZ LIMITED LIABILITY COMPANY • AZ CC Fi le Number: Rl9547476 State of Incorporation: DE Incorporat ion Date: I 0/02/2014 Correspondence Address: 2600 N CENTRAL AVENUE #1775 PHOENIX, AZ 85004 USA Phone: Alt . Phone: Email: Officers/ S tockh o ld ers Name: - SPEEDWAY WESTERN HOLDINGS LLC GLENN MICHAEL PLUMBY ROGER KENNETH BURTON KIMBERLY KAREN DUNCAN CARINA ECKARD DUFFY MATTHEW LEV I YODER Page 2 of5 Title: Member President Vice-President Secretary Treasurer Senior Vice- President % Interest: 100% Marana Town Council Regular Meeting 08/03/2021 Page 191 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 192 of 402 Marana Town Council Regular Meeting 08/03/2021Page 193 of 402 Marana Town Council Regular Meeting 08/03/2021Page 194 of 402 Marana Town Council Regular Meeting 08/03/2021Page 195 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 196 of 402 e e Arizona Department of Liquor Licenses and Contro l '21 .JUH 14 Li'l', Lie. PM 2 :43 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 QUESTIONNAIRE A.R.S.§4-202, 4-210 Type or Print with Black Ink The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. ATTENTION APPLICANT: This is a legall y binding document. Please type or print in black ink. An investigation of you r background will be conduc ted. Incomplete applications will not be accepted. False or misleadin g answers may result in the denial or revocation of a license or ermit and could result in criminal roseculion. Attention local governments: Social security and birth dale in formation is confidential. This information may be g iv en to low enforcemenl a encies for back round checks only. QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON, AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGERPRINT CARD ALONG WITH A $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. ~ Liquor license#: SEE ATTACHED ~ i\r IS·J(s1 1. Check th e Appropriate Box D Controlling Person [x]Agent D Premises Manager (complete alt questions except #12) 2. Name: -----"L=E_W-'K"""O-=-\i_'lv-'I""T=Z----;;..:A.;;..N=D..;;.R=E=A'-------'D=A~H~LM=A;.;.N.c..-_____ Birth Dote:- Lost First Middle a pu 1c recor 3. Social Security #: _____ Driver License#: 4. Place of birth : _M_A_N_KA_T_O ___ M_N ____ U_S_A ____ Height: 5' 8' Weigh t: 14 0 Eyes: HZL Hair: BLN City State COUNTRY {not county) 5. Name of current/mos t recent spouse: __ L_E_W_K_O_W_IT_Z ___ HA __ R_O_L_D ____ ""J_E_R_O_;'v_1E ____ Birth Dote: Last first Middle (NOT a public record) 6. Are you a bona f ide reside nt of Arizona? [K]YesDo If yes, what is your dote of residency: __ 0_4_/1_9_6_1 ______ _ 7. Daytime telephone number: _____ E-mail address: 8. Bus iness Nome __ s1.:_:E_._i\ T_T_A_C_H_E_D ____________________ Business Phone: _S_EE_" tj_TT_A_C_ljE_D __ 9. Business Location Address: _S_E_E_A_T_T_A_C_H_E_D ______________________________ _ Street (do not use PO Box J City State Counly Zip 10. Lis i vour emolovment or tvoe of business durina the oosl five 51 vears. If unemoloved, retired. or student, lis t re sidence oddres FROM TO DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME Of BUSINESS Monl h /Year Month/Year {Street Address. Citv. Slat e & Zi ol Ol i2004 CURRfNT ATTORNEY LEW l,O v\/l TZ LAW OFFICE PLC 2600 N CENTRAL A VENUE, STE. l7r5 PHO[f'\l X. AZ 85004 (ATTACH ADDITIONAL SHEET IF NECESSARY) 1/11/2018 Page I of2 Individuals reoui1inq ADA occommodolions please coll (602)542-2999 s. Marana Town Council Regular Meeting 08/03/2021 Page 197 of 402 e e l l. Provide o ur res idence address information fo r th e los t five 5 ears: A.R.S. ~4 -202/D) FROM Month/Year 0211999 TO Month/Yeo, CURRENT RESIDENTIAL Street Address (ATTACH ADDITIONAL SHEET If NECESSARY) 12. As o Controlling Person or Agent, will you be physically present and opera ting the licensed premises? If you answered YES. then answer #13 below. If NO, skip lo #14. 13 . Have you attended o DLLC approved Basic & Management Liquor Low Training Course within the past 3 years? 14. Hove you been cited. arrested, indicted. convicted. or summoned into court for violation of ANY criminal law or ordinance. regardless of the disposition, even if dismissed or expunged, within !he past five (SJ years? 15. Are there ANY administrative low citations. compliance actions or consenls. criminal arrests. indictments or summonses pending against you? (Do not include civil traffic tickets.) A.R.S.§4-202,4-2 10 oYesDo 16. Hos anyone EVER obtoined,o judgement agoins! you the subject of which involved fraud or misrepresentation? []Yes[Z}Jo 17. Hove you hod .a liquor application or license rejected. denied. revoked or suspended in or outside of Arizona wil hin the lost five years? A.R.S .. §4-202{D) 18. Hos on entity in which you.ore or hove been o controlling person hod on opplicotion or license rejected: denied. revoked or suspeflded in or outside of Arizona within the last five years? A.R.S.§4-202(D) If you answered "Y ES" to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details Including dates, agencies involved and disposltlons. CHANGES TO QUESTIONS 14.-18 MAY NOT BE ACCEPTED NOTARY [Jies[KNo I (Print Fun Nome) ANDREA DAHLMAN LEWKOWIT~--·--hereby declare thoi I om the Agent/ Conirolling Person / Premises Manager filing !his application. ! hove read this document ond verify t he contents and all slotemenls ore true. :t:::~:,:nd c~~,t ;r:~nowledge . M y Commission Exp ires on: __ -_:I:\12 5 __ ,,, ___ _ AMY L SCHROFF Nota,y Public -Arizona Maricopa County My Commission Expires ~ 02i! 2/2025 Stole of A RIZO Nt\ ___ C ounly of MARICOPA __ _ The foregoing inslwment wos acknowledged before me this _ __.}_L\:_.___ Day of __ A_l_)R_l_L_. ____ , 2021 ---·- Doy Month Year ---··--.. -·---(l~~~ The licensee has authorized the person named on this questionnaire to act os manager for the above License. PRINT NAME: ·---...... ·-· ----SIGNATURE: Page 2ot 2 :noiv:,11;ois rc qui-:,)g AD:, o c com 0.1oc otio11, p ic~;,c c:.il !00?)542-299? Marana Town Council Regular Meeting 08/03/2021 Page 198 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 199 of 402 • e Arizona Deportment of Liquor Licenses a&il.oru\'1rJP Liq'. Uc. Fti 2 :43 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542 -5 141 QUESTIONNAIRE A.R.S.§4-202, 4-210 Type or Print with Black Ink The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. I(' ATTENTION APPLICANT: This is o legally binding document. Please type or print in black ink . An investigation of yo r background will be conducted. Incomplete applications will not be accepted. False or misleading answers may resuli in the denial or revocation of a license or permit and could resul t in criminal prosecution Attention local governments: Social security and birth dote in formation is confidential. Th is information may be given to low enforcement Q encies for back round checks only. QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON . AGENT AND MANAGER BEING DISC LOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGER PR INT CARD ALONG WITH A $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONA L S13 FEE . FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. ,-it' liquor license#: SEE ATTACHED ~ t<;'~lft.,, l. Check the Appropriate Box (21 Controlling Person 0Asent com DEPINTO JOSEPH MICHAEL 2. Nome:-------------------------.,..,,...,-,,--------Lost fir$! Mid die 3. Social Security#: ___________ Driver License#:_.__ _____ State: _T_X _______ _ 4.Ploceotbirth: CHICAGO IL USA City Slate COUNTR Y (not county) 5. Nome of current/most recent spouse: DEPINTO INGRID HYE-KNUDSEN Birth Dote lost Flut Middle 6. Are you a bona fide resident of Anzono? 0Yes0-Jo 8. Business Nome: SEE ATTACH ED Business Phone: Sl::E~TTAC/iE~ 9. Business location Address: SEE ATTACHED Slreel (do not use PO Bo x ) City Stole County Zip 10. list our em lo mentor I ,-~o~~tar MoniiYear If unemployed, retired, or student. list residence address. EMPLOYERS NAME OR NAME Of BUSINESS ~ DESCRIBE POSITIO N OR BUSINESS I 12/2005 CURRENT (Sheer Address. City. Stale & ~ieJ~ _____ __, 17-ELEVEN. INC. 3200 HACKBERRY RD .. IRVING, T~~~ PRESIDENT /CEO 1-·-1 -----~-----------t,!------+---·-------------t--------- !-----·-----·---- : ---'---------''--------------i----- --__ ,J l ' .. -----·----1 I ------J (ATTACH ADDITIONAL SHEET If NECESSARY) 'i /20 18 P8ge I or 2 Marana Town Council Regular Meeting 08/03/2021 Page 200 of 402 e e i 1. Provide your res idence address informatio n for the lost five (5) years : A.R.5 . §4-202{0} FROM I TO I RESIDENTIAL Street Address Month /Year I · Month/Year ! 10/2017 CURRENT -+------f---------- 08/2007 10/2017 i-----1------1-------------------------·-----------------i 1-------i!-------+----------------------------------··------- (ATTACH ADDITIONAL SHEET IF NECESSARY) 12 . As a Controlling Person or Agent, will you be physically present and operating the licensed premises? If you answered YES, then answer #13 below. If NO, skip to #14. 13. Hove you a11ended a DLLC approved Basic & Management Liquor Low Tra ining Course within the post 3 years? l 4. Hove you been cited. arrested. indicted. convicted. or summoned in1o court for violation of ANY criminal low or ordinance, regardless of the disposition. even if d ismissed o r expunged. within the post five (5) years? 15 . Are there ANY administrative law citations. compliance actions or consents . criminal arrests, indictments or summonses pending against you? (Do not include civil traffic tickets.) A.R.S.§4-202,4~2 I 0 []YesDo I 6. Has anyone EVER obtained a judgement against you the subject of which involved fraud or misrepresentation? []Yes~o 17. Have you had a liquor applicat ion or license rejected, denied. revoked or suspended in or outside of Arizona within the last five yeqrs? A.R.S.§4-202(0) 18. Has an entity in which you are or have been a controlling person had an application or license rejected, denied, revoked or suspended in or outside of Arizona within the last five years? A.R.S.§4-202(0) If you answered "YES" to any Question 14 through 18 YOU MUST attach o signed statement. Give complete details including dotes, agencies involved and dispositions . CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED NOTARY I (Print Full Name) JOSEPH MICHAEL DEPINTO hereby declare that I am th·e Agent/ Controlling Person/ Premises Manager filing this application. I have read this document and verify the contents and all statements are true, correct an mplete. to th e be, ot mgno ledge. ,.., Sta te of /fxaJ County of ____.:;._Jk.;;._,bc..:;.k/....,5:;.__ __ _ The foregoing instrument was acknowledged before me this My Co Year The licensee has authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME: __ N_I_A ____ _ SIGNATURE: ----··-----------·-(.\GENT ) l/l l/2018 Page 2 ol? 1 .... ,....;;,,,r,1 ,,-.Ir .,,....,...., ,;,.;,....,... A{"\ A ,..,,,..,,......,......,,......,....,-1...,.,,,...,. •. ,.. ..-..1,....,,..,..,.... ,,..,...,11 I l.fY)I C A') '1000 Marana Town Council Regular Meeting 08/03/2021 Page 201 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 202 of 402 • '2'1 .JIJH 14 Li'i', Lie. FH 2 43 Arizona Department of liquor Licenses and Control 800 W Washington 51h Floor Phoenix. AZ 85007 -2934 www.azliquor.gov (602) 542-5141 QUESTIONNAIRE A.R.S.§ 4-202. 4-210 Type or Print with Black Ink The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. ATIENTION APPLICANT: This is a legally binding document. Please type or prinl in black ink. An ,nvesligotion of your background will be conducted. Incomplete applications will not be accepted. Folse or misleading answers may result in the denial or revocation of a license or ermit and could result in criminal rosecution. Attention local governments: Social security and birfh dole information is confidential. This informolion may be given to low enforcement a encies for back round checks onl . QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON, AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGERPRINT CARD ALONG WITH A $22 FEE . FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN AODITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. ' 1 Liquor License#: SEE ATIACHED 4i \'S°~1 1 . Ch~ck th.e Appropriate Box 2• Name: GASAWAY [Z] Controlling Person RANKIN 0Agent LEE -----·-----·----------,-,-------- lo sf f~sf Mkldl• (NOT a public record) 3. Social Security #: ------Driver License#:-----------State: _T_X ______ _ 4. Place of birth: AUGUST A . GA __ ._ .. USA _______ Height: 6' O" Weight: 210 City Stole COUNTRY {no! county) BRN 5. Name of current/most recent spou.se: __ 9._~?.._/::'!Y_~'!_ ... ____ }_E.~N I FER JOANN Birth Dote: tcist First Mkfdl& 6. Are you a bona fide resident of Arizona? OYes[Z}io 8. Business Name: SEE ATTACHED __________ ---··--·-.. ···-··-·-.. ·-------Business Phone: SE.£11.JJAQHED ._ 9. Business Location Address : ... _SEE ATIACHED._ Sheet (do nol "'" PO Sox ) City State County Zip 10. List vour emolovmenl or ivoe of business ourina the post live 51 veors. If unemployed. re tired or student. list residence addres s. fROM TO DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME Of BUSINESS l Month/Year Month'Yem (Street Address. City, State & Zip) i i 8/2012 CURRENT SVP/GC/SEC ?-ELEVE N, INC. 3200 HACKBERRY RD .. IRVING, TX 75063 1 i 12/1991 SENIOR COUNSEL , 7-ELEVEN. INC . 3200 HACKBERRY ~D., IRVING. TX 75063 1 8/2012 ----- ' ~ i I ! I ! . 1 i (ATTACH ADDITIONAL SHEET If NECESSARY) /2018 ., )';Jo::! i ":.f 2 P(1 .,fiOl.HJ\ rec.._. :,rg ;. C,;;. c: ,:,:11 ,n ,)00'.i:JG~ oreose coll f602 J5 42-29Yi=> Marana Town Council Regular Meeting 08/03/2021 Page 203 of 402 e 11. Provide our residence address information for fhe losf five !SJ years: A.R.S._§_4-202(_QJ FROM Month/Year 06/2016 09/1992 TO Month/Year CURRENT 06/20/2016 RESIOENllAL Street Address (ATTACH AOOITIONAL SHEET IF NECESSARY) • 12. As o Controlling Person or Agent. will you be physically present and operating the licensed premises? If you answered YES. then answer #13 below. If NO , skip to #14. 13. Hove you attended a DLLC approved Basic & Management Liquor Low Training Course within the post 3 years? 14. Hove you been cited. arres1ed. indicted, convicted. or summoned into court for violation of ANY criminal low or ordinance, regardless of the disposition, even if dismissed or expunged. within the past five (5) years? 15. Are there ANY administrative low citations, compliance actions or consents, criminal arrests. indictments or summonses oendinq against you? (Do not include civil traffic tickets.) A.R .S.§4-202.4 -210 OesQlo Oes~o 16. Hos anyone EVER obtained o judgement against you the subject of which involved fraud or misrepresentation? Oes~o 17. Hove you hod a liquor application or license rejected, denied, revoked or suspended in or outside of Arizona within the last five years? A.R.S.§4-202(0) 18. Hos an entity in which you are or hove .been a controlling person hod on application or license rejected. denied. revoked or s_uspended in or outside of Arizona within the last five years? A.R.S.§4-202(0) lf you answered "YESn to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details Including dates, agencies Involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED NOTARY I (Print Full Nome) RANKIN LEE GASAWAY hereby declare that I am the Agent/ Controlling Person/ Premises Manager filing this application. I hove read this document and verify the conients and all statements are trve. correct and complete, lo the best of my knowledge. Signature:~~ My~~~~~~~~}~~~::._~::..!__ Slate of ~It') County of 7)ft-l.l-/'r5 The foregoing instrument was acknowledged before me this { Dtfv\ Doy of ffl ~ ------· JO~ Doy Month Year (),;i4t11JMO}l. 1~-- ... \ r~INotory The Licensee has authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME: N/ A --·--· . (.AC f.\T) iii 1;2018 SIGNATURE: ?og~ 2cf 2 lr.dividuol1 rf.quiring ADA occorrrnodot,of'S p ·eose col: lo02!542·2999 Marana Town Council Regular Meeting 08/03/2021 Page 204 of 402 e •·;::<·i T1LJP ·1' d Lil'll' I ir -, ? ,.,q L.. .1. v 1 'i • ,. , --, r n '-n..t._, 7-ELEVEN, INC. CORPORJ\TE OFFICERS ANSWERS TO QUESTION #18 I have no records or recollections of any of the license activities requested in question# 18, either individually or corporately, p1ior to my association with 7-Eleven. With regard to 7-Eleven. Inc., it operates approximately 60,000 stores around the globe. While some of the stores are corporately held, most of the 7-Eleven stores in the U.S. are independently owned and franchised. To provide the information requested in question 18 for all of these stores would be overly burdensome as ?-Eleven. lnc. does not maintain records for such comprehensive in fonnation. Only in excess of caution did I mark question # 18 as "yes.'' In Arizona most, if not all, of the stores are cun-ently operated by independent franchisees who hold their own liquor licenses. Because of the franchise structure, the number of corporate stores at any given time varies as independent franchisees take over or return individual stores. To the best of our infonnation, since 7-Eleven, Inc. has been operating in Arizona , it has never had a corporate business, professional or liquor application or license rejected, denied, revoked or suspended. However. some of the Arizona corporate stores may have incurred fines in the distant past, records of which we do not have. Nonetheless, we do have information available for the following violations at corporates stores, none of which were in the past five years: License " ·Store"# Violation Complaint Reason,. · t;(R_-;:~-'{;~~J!;.l'·.1:.-fiile .pa'id I• -Date # -· . 'C'&~ ~ ~ ' . ~ -, .. ~' -~ T , • ~~,'-~ .• ' 10073340 29i 10 10/8/97 0741-97C Fail to check JD; sale to minor $ 625.00 100.7J306 23223 9/12/98 0637-98C Fail to check ID; sale to minor $ 500.00 10073325 32280 12/10/98· 0838-98C Sale to minor $ 500.00 10073404 3i321 ll/10/CJ9 0763-99C Fail to check ID; sale to .minor $1,250.00 10072791 32280 4/20/00 0490-00C Fail to check ID; sale to minor $1,250.00 10103422 21814 8/18/05 0622-0SC Sale to minor $ 500.00 The cha1t above is updated by corporate counsel as necessary as we are made aware of additional violations at stores during a time they were operated as a corporate store. EC of 7-Eleven , Inc. Marana Town Council Regular Meeting 08/03/2021 Page 205 of 402 • Arizona Department of Liquor Licenses and Control 800 W Washington 51h Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-51 41 QUESTIONNAIRE A.R.S.§4-202. 4-210 Type or Print with Black Ink The fees allowed by Rl 9-1·102 will be charged for all dishonored checks. ATTENTION APPLICANT : This is o legally binding documenl. Please type or print in block ink. An investigalion o f your background will be conduc!ed. Incomplete applications will not be accepted. Folse or misleading answers may res v ll in th e denial or revocation of o license or ermit and could resu lt in criminal rosecuiion. Attention local governments: Social security and birth dote information is confidential. This information may be given lo law enforcement o encies for back round checks onl • QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON , AGENT ANO MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGERPRINT CARD ALONG WITH A $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONAL $13 FEE , FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED IIY A COMPLETED APPLICATION. ~ Liquor License#: SE E ATTACHED ~ l ~~ q V 1. Check the Appropriate Box 12] Controlllng Person 0Agent t #12 2_ Name: ___ R_E_Y_N_O_L_D_S ___ S_T_A_N_L_E_Y _____ W_A_Y_N_E _________ Birth Dateaalll lasl first Mid die (NOT a publk: record) 3 . Social Security#:_ ____ Driver License#: _____ Stole: _T_X ______ _ 4. Place otbirth: ARKADELPHIA AR USA Height: S' 11 ' Weight: 180 Eye s: GRN Hair: BLN Clly Sloh, COUNTRY (not county) 5. Name of current/most recent spouse: REYNOLDS TAMMRA DENI_S_E __ Birth Dote: --Flr_sl ______ Middle (NOT o pub&c re~ord) last 6. Are you a bon a fide resi dent of Arizona? [Jyes0-Jo 8. Business Nome: -~EE ATTAC HED ---· Business Phone: SEE f._TTA C)jED 9. Business Lo c ation Add re ss: 10. List our em lo rneni or t· FROM Monlh Yeo, 11/1997 TO M onlh Yeor CURREN! ---t- i I i SI:!: ATTACHED -·---·---------------------------Slr<>et (do not use PO Box) City Stole Counly Zip DESCRlaE POSITION OR &USINESS EVP/CFO/CAO , ?-ELEVEN. INC. 3200 HACKBERRY RD., IR V IN G. TX 75063 .. ------------·--11---·--------·--------·· ~-------·-----t---·-------------1------------------------- L_ __ ~_ (AnACH AODIHONAl SHEET IF NECESSARY) "o:;e 1 o! 2 •"di..-:ovols roqL1"··-.g /' .. :)1-occc.·1vnodc: ,Jf'\S o!t-Jo!.e coli (6~2i542 :,099 Marana Town Council Regular Meeting 08/03/2021 Page 206 of 402 e • 1 J . Provide your resi denc e address informatio n for the last five [5) years: A.R.S. §4-202iD J --f-ROM I 10 ! RESIDENTIAL Street Address ----------------~, Month/Vear Month/Year (AnACH ADDITIONAL SHEET IF NECESSARY ) 12 As a Controlling Person or Agent, will you be physically present and operating the licensed prem1se s2 If you answered YES. then answer #13 below. If NO. skip to #14. 13. Hove you attended o DLLC approved Basic & Management Liquor Low Training Coune within the post 3 years? 14. Hove you been cited, arrested, indicted, convicted. or summoned into court for violation of ANY criminal low o r ordinance. regardless of the disposition. even if dismissed or expunged. within the past five f5) years? 15. Are there ANY administrative law c itations. compliance actions or consents, criminal arrests. indictments or summonses pending against you? (Do not include civil traffic tickets .) A.R.S.§4-202,4-210 OYes~o 16. Has anyone EVER obtained a judgement against you the ~ubject of which involved fraud or misrepresentation? []Yes0'Jo 17. Hove you hod a liquor application or license rejected. denied, revoked or suspended in or outside of Arizona within the lost five years? A.R.S.§4-202(0) 18. Hos on entity in which you ore or hove been a c:;ontrolling p~rson hod on application or license rejected, denied, revoked or suspended in or outside of Ariz.ona within the lost-five years? A.R.S.§4-202(0) If you answered "YES" to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details Including dates, agencies in_volved and dispositions. CHANGES TO QUESTIONS 14-18' MAY NOT BE ACCEPTED NOTARY []Yes0-Jo I (Print Full Nome)__?ta.n_ley Wayne Reynolds hereby ·declare Iha! I om the Agent/ Controlling Person/ Premises Manager filing this application. I hove read this document and verify the contents and all statements are 1rue. correct and c omplel e, to the best of my knowledge. Stole of '1eYAs Coun ty of PAW-As The foregoing instrument was acknowledged before me this My Commissio n Exp ires on: /0 · 2& · 202.;> ,,,~~~~i,,, BRENDA K CARPENTER ,:-6' ..... '# ~ {!(*"";'~~ No tary Public . State of Texas ~".l.,\ /, __ f:: Comm. Expires 10-28-2023 , 't'· ··<'<,~' ~,,,,of;,,,,' Notarv ID 117791 4 --'--'~--Doy of l'Vvz C \-l Month Year The Licensee hos authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME N/A --------------·-··---·--·-------------SIGNATURE:--·---·---·----·-··--···------- (A(~H r) I ! I 1 /2018 Page 2 o' 2 lndiv,cvo's requiring AD . .<\ o c comrnod olion~ plea se col! /602)5.t :?-2999 Marana Town Council Regular Meeting 08/03/2021 Page 207 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 208 of 402 • • Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007 -2934 www.azliquor.gov (602) 542-5141 QUESTIONNAIRE A.R.S.§4-202, 4-210 Type or Print with Block Ink '21 JUH 14 u~-. Uc. ft12144 The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. ATTENTION APPLICANT : rt11s is a legally binding document. Please type or print in black ink. An i vestigofion of y u background will be conducted. Incomplete applications will not be accepted. Folse or misleading answers may resu!I in the denial or revocation of a license or ermit and could result in criminal roseculion. Attention local governments: Social security and birth date informalion is confioentiol. This information may be given to low enforcement a encies for bock round checks onl . QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON, AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BlU~ OR BLACK LINED FINGERPRINT CARD ALONG WITH A $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOlt AN ,ADDITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT THE DEPARTMENT Of LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. ~i Liquor License#: SEE A TT ACHED f l ( d'b I. Check the Appropriate Box IZ] Controlling Person 0Agent RUBINETT 2. Name:-------- ta,1 3. Social Security#: ARTHUR fht , ____ Driver License#: 0 Premises Manager (complete all questions except 1112) ED.WIN .Mldille (NOT o publlc record) _____ Slate : TX ,, ___ ... _. ___ ,,, __ 4 . Place ot birth: DALLAS TX City · Slate USA Height: 61 O" Weight: 3..oo ... Eyes: _§._LU . Ha ir: BRN COUNTRY (not county) 5. Name of curren!/mosl recent spouse: RUBINEIT MARCIA NONE -· Birth Dote: lost f trsf Mlddl" -... t . . . 6. Are you a bona fide resident of Arizona? OYesl:ZNo 8. Business t~om e: _S_!:_E_A_Tf:AC HFD ·---------Business Phone: ___ SE~~ TT '2!f HED 9 . Bus in ess Loco!ion Address: SEE A IT ACHED ··-·· Sire et ( do not use ro 80.1<) City 5tate County Zip 10. Lisi your emolovmen! or lvpe of business durino the oost five 51 veors. If unemo loved, re tired, or student. list residence address. ij FROM I 10 i DES018E POSITION OR BUSINESS EMPLOYERS NAME OR NAM E OF BUSINESS ·~ Month /Yeo, I Month1Yeor I (Street Address, City, State & Zip) I I 10/1998 CURRENT I ASSOCIATE GC/ASST. SECRETARY 7-ELEVEN, INC. 3200 HACKBERRY RO ., IRVING, TX 75063 J !------· 1 --:. i ! ----·----·-------t--------------------··--"····--- 1 I 1-----f------1--------------+----------------·---------l l ' i I (AnACH ADDITIONAL SHEET If NECESSARY) I; 20]c, '°Oge I of 2 '·,~,: ., J;_•o!s re-c1..;·,:r·9 AD;. c~corn:r8(jci<)""S p !eose co11 t602' 54/·2999 Marana Town Council Regular Meeting 08/03/2021 Page 209 of 402 e e l L Provide our residence address information for the lost five (5 ) years: A.R.S. ~4-202(DJ _______ ···-· FROM Month/Year 06/1998 TO M onlh/Yeor CURRENT REStO ENTIAl Street Address (ATTACH ADDITIONAL SHEET If NECESSARY) 12. As a Controlling Person or Agent. will you be physically present and operating the licensed premises? If you answered YES . !hen answer #13 below. If NO, skip to #14. 13. Hove you attended a DLLC approved Basic & Management Liquor Law Training Course within the past 3 years? 14. Hove you been cited, arrested. ind icled. convicted. or summoned info court for violation of ANY c riminal low or ordinance. regardless of the disposition. even if dismissed or expunged, within the post five (S) years? 15. Are there A NY admin istrative law citations. compliance actions or consents. criminal arrest s. ind ictments or summonses pending against you? (Do not include civil traffic tickets:) A.R,S.§4-202,4-210 0Yes@\/o C]Yes[}Jo oYes0-Jo 0Yes0'1o 16. Has anyone EVER obtained a judgement a .gains! you the subject of which involved fraud or misrepresenta tion? oYes~o 17. Hove you hod a liquor application or license rejected. denied. revoked or suspended in or ou tside of Arizona w ithin the lost five years? A.R.S.§4-202(0) 18. Has on entity in which you ore or hove been a controlling person had an application or license rejec1ed, denied. revoked or suspended in or outside of Arizona within the la~t five years? A.R,S.§4-202(0) If you answered "YES~ to any Question 14 throug.h 18 YOU MUST attach a signed statement. Give complete details. Including dates, agencies Involved and dispositions. CHANGES TO QUESTIONS 14'.-18 MAY NOT. BE ACCEPTED NOTARY O es@\/o @(esDo f (Print Full Nome) ARTHUR EDWIN RUBINETT hereby declare that I om the Agent/ Controlling Person I Premises Manager filin~ I correct and comple e re lion. I hqve read this d9cument and verify the contents and oil sfatemen1s ore true, of my knowledge. Sta te of c&Y.rl-S Coun ty of _D_ltV~UrS ____ _ The foregoi ng instrument was acknowledged before me this _! O __ Doy of '{Vlll,~----· -~Dflj _ Doy M o n th Year ~lAMJJ_,,_,_~---- \~ignolure of Notary The licensee has authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME: ___ ~!_A __ SIGNATURE: _______ .. ___ _ (:\CF NTi 1/11/2018 Page 201 2 Individuals reQui<ing AO?. occornrnodotions pteose coi! [60215"2-2999 Marana Town Council Regular Meeting 08/03/2021 Page 210 of 402 e 7-ELEVEN. INC. CORPORATE OFFICERS ANSWERS TO QUESTION# 18 I ha ve no reco rds or recollections of any of the lic ense activities req uested in question # 18 , either indivi dually or corporately, prior to my association with 7-Elcvcn . With regard to 7-Eleve n. lnc., it operates approximately 60,000 s tores around the globe . While some of the stores are COfl)Orately held, most of the 7-Eleven stores in the U.S. are ind ependently owned and franchised. To provide the info1mation requested in question 18 for all of these s tores would be overly burdensome as 7 -Eleven. Inc. does not maintain records for such comprehensive infomrntion . Only in excess of caution did I mark question# 18 as "yes.·' In Ari zona most, if not all, of the stores are cun-ently operated by independent franchisees who hold their own liquor licenses. Because of the franchise structure, the number of COfl)Otate stores at any given time varies as independent franchisees take over or return individual stores. To the best of our information, since 7-Eleven, Inc. has been operating in Arizona, it has never had a COfl)Orate bu siness , professional or liquor application or license rejected , denied, revoked or suspended. However. some of the Arizona corporate stores may have incurred fines in the distant past, records of which we do not have. Non~theless, we do have information available for the following violations at corporates stores, none of which were in the past fiv e years: Li cense Store# Vioiatii:>n fc'qinpl~t .. ~R-~~,{j ••• -~ ,T-. Fine paid ' . Date; .;fi.1 . ,.,: ~·. I :'.·(';!:: " ''°1 10073340 29110 10/8/~)7 074l-97C Fail .(o check ID; sale to minor $ 625.00 10073306 23223 9/12/98 0637-98C Fa'it~ chec.k ID; sale to m inor $ 500.00 10073325 32280 12/10/98 0838.-98C Sale to minor $ 500.00 10073404 32321 11/10/99 . 0763-99C Fail to check JD; sale to minor $1,250.00 10072791 32280 4/20/00 0490-00C Fail 16 -che~k ID; sale to minor $ 1,250.00 10103422 21814 8/18/05 0622-0SC Sale fo minor $ 500.00 .. The chart above is updated by corporate cou·nsel as necessary as we are made awa re of additional violations r's or d · g a time they were operated as a corporate sto re. Marana Town Council Regular Meeting 08/03/2021 Page 211 of 402 • • ·~ ,;,-\ .Ti ft·! 14 Uqi·. Uc. F+12 44 Arizona Department of Liquor Licenses and Cdmrcir · .._ 800 W Washington 51h Floor Phoenix, AZ 85007 -2934 www.ozliquor.gov ( 602) 542-5141 QUESTIONNAIRE A.R.S.§4-202, 4-2 10 Type or Print with Block Ink The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. ATIENTION APPLICANT: This is o legally binding document. Please type o r prinl ,ri black ink. Ari investigation of your background w ill be conducted. Incomplete applications will not be accepted. Folse o r misleading answers may resull in the denial or revocolton o f o li cense or permit and could re su lt in criminal prosecuf1on Attention local governments; Social security and birth dote information is confideniiol. lhis information may be g iven to low enforcemen t a encies for bock round checks only. QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON, AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGERPRINT CARD ALONG WITH A S22 FEE. FINGERPRINTS MUST SE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONAL $13 fEE. FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION . ::: \ ~ /'f u1 Liquor License#: SEE ATTACHED ~ J \:) I l . Check the Appropriate Box 0 Controlling Person 2_ Nome: Colletti, Jr., David Joseph lost first 0Agenf 3. Socio! Security # _____ Driver License#: Middle 4_ Place of birtt1: Philadelphia PA USA Height: _6'0 11 City Stole COUNTRY (not county) 5. Nome of current/mos t recent spouse: Colletti, Laura Elena lost First 6 . Are yov o bona fide resident of Arizona? OYesENo 7. Doylime telephone number:---=-===----E-mail address: 8. Business Nome: SE~ A !f A<:HED ____________ _ 9. Busin ess Location Address: SEE ATTACHED Slreel (do not ose PO Bo• ) Cily D Premises Manager (complete all questions except #12) _____ Birth Oote:-- (Nor o public record) ---------St ate: Texas Weight: 19.?. _ Eyes. Blue Hair: Brown Birth Dote; Middle (NOT o pvbtic 1ecord) Stole SH ATTACHED Busir '.•::ss Pl"lone: --' ---' --·- -. Counlv Zip I 0. Lisi vour er:Y-IP.!'?):!Ylenl or b'.P-~qf bu_~~2_s during the post five (5 ) years. H unemplo y ~i;i . r_e!;red. or stl!de'1L list re sidence address. ! FROM I TO I Dl:SCRIBE POSITION OR BUSINESS I EMPLOYERS NAME OR NAM E OF BU_SI NESS I , Month_{!.~<'!!... ~-n ~h.!.~.!:.':'.~ .... 1 i ___ • (S tr ee l Address. C,ly . S!~te &. Zip) : :-05/2~: 1-::-cu:e•t _t VP -M&A _ ~-:=l · ?-Eleven~ l~c 32~0 Hackbwy Rd .:~n~~X 7-~06~-' I I - -·-·-_,!_ I ------------------ f-. -------· ·-----., .. -~------·· .. ··-····· ···---·---·~-·----·----------·~ -··-·-·-----·--· ... ~ ..l -..... J ..... -...... _____ .. __ ----·-------· .. --_____ _J (ATTACH ADDITIONAL SHEET If NECESSARY} ... ! ·,:'.'.I: Pag e I 0 1 2 Marana Town Council Regular Meeting 08/03/2021 Page 212 of 402 11_. ~i:9~i<:l_~yo~1res1dence odr dres.s in fo rmori.r t he l~Lf~v~J?J.1.~g,s :..00Bc~: §~-~02(0}_~ FROM • TO , Month/Year j Month/Year I RESIDEN!IAL Slre ef Address ------4-------- 12/2020 I CURREN! 43 04/2012 I 12,2020 (ATTACH ADDITIONAL SHEET IF NECESSARY) 12. As o Controlling Person or Agent. will you be physically present ond opero!1ng th e licensed premises? If you answered YES. then answer #13 below. If NO. skip to #14 _ 13. Have you attended o DLLC approved Basic & Management Liquor Low Training Course w ithin !he past 3 years? 14. Hove you been ciled. arrested. indicted. convicted, or summoned in to court ror violation of ANY crimin a l low or ordinance. regardless of the disposition. even if dismissed or expunged, within the pas t five (5) years? i 5. Are !here ANY administrative low citations. compliance actions or consents. criminal arrests . indictments or summonses pending agciinsl you? (Do not include civil lroffic tickets .) A.R.S .§4 -202.4-210 0Yes0'Jo 16 . Hos anyone EVER obtained a judgement against you the subject of which i nvolved frOlid or m isrepresentation? OYes[21'lo 17. Hove you had a liquor application or license rejected. denied, revoked or su spended in or outside of Arizona within the las! five years? A.R.S.§4,202(0) 18 . Hos on entity in which you ore or hove been o controlling person hod on application o r license rejected. denied, revoked or suspended in or outside bf Arizona within the lost five years? A.R.S.§4·202(0) If you answered ~YES" to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details including dates, agencies Involved and dispositions. CHANGES ro ~UESTIONS 14-18 MAY NOT BE ACCEPTED NOTARY Oes@o I (Print Full Name) David Joseph Colletti, Jr. hereby declare fho t I am the Agent/ Conlrolling Person/ Premises Manager filing this application. I have read this document ond verify !he cont ents and all statements ore lr1.Je. correct and complete. to the be I my k:nowl dge. Stole of~ County of _u_~At:+M _____ _ The foregoing instrument was acknowledged before me this Year The licensee has authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME : _ ........ -... -... -.. -·--·-·-------·---.. ·---·--·---·-... -.... ·---.. --·---·-·-· -_ SIGNATURE: l /l 1/20i8 Poge 2ol 2 lnrl1v1rh ,rfr\ r(-lor11 unnn AnA or:rnmmnrln!1t1n<;. t .. ,:~n,F• .;nil il\'1?1 (,.c1?. ?999 Marana Town Council Regular Meeting 08/03/2021 Page 213 of 402 e e .-, · ''Jl I 14· · i"• 1 ic P11 2 :44 Arizona Department of Liquor Licenses and Corftit>I.J! '· L ,. • L • 800 W Washington 51" Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 QUESTIONNAIRE A.R.S.§4-202, 4-210 Type or Print with Black Ink The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. ATIENTION APPLICANT: This is o iegolly binding document. Please type or print in black ink. An invesligolion of your background will be conducted. Incomplete opplicalions will no! be accepted. Folse or m isleading answers may result in lhe denial or revocation of a license or ermil and could result in criminal rosecution. Attention local governments: Social security and birth dote information is confidential. This information may be given to low enforcement a encies for back round checks onl . QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON , AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK UNED FINGERPRINT CARD ALONG WITH A S22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FI NGERPR INT SERVICE . FOR AN ADDITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. J< \< ':l_( C1 ~ LiquorLicense#: SEEATTACHED ~ ~VOi~ l. Check the Appropriate Box ~ Controlling Person flts! 0Agent Mlddle D Premises Manager (complete all questions except #12) Birth Doi (NOT o publlc: r•c:°'d) 3. Social Security # ___ Driver License# ------State: Texas 4. Place of birth: Dallas TX USA City Slate COUNTRY (not c:ounty) 5. Nome of current/most recent spouse: _s_e_lt_z_e_r_, _M_'L_i_s_s_L_e_a_h--,c--------,-,,....---Bir1h Date Lasf fhst M iddle (Nora public 10,cord) 6. Are you a bono fide resident of Arizona? OYes~o 7. Daytime telephone number: E-mail address: ___ _ SEEATTACHED B . p SEEATTACHED 8. Business Nome: us1ness hone:---'---'--- SEE A TT ACHED 9. Business Location Address: ------------------ street (do nal use l'O Sox J Ctty Stole County Zip I 0. List vour emo!ovmen t or tvoe of business ourino ihe oosl five 151 vears. If unemoloved, retired, o r studen1 list res idence addres FROM TO DESCRIBE POSITION OR BUSINESS ! EMPLOYERS NAME OR NAME Of 8l/S1NESS Monlh/\'eo1 Month/Yem (Street Address. Cltv, St ole & Ziel 08/2003 CURRE NT VP& TR 7-Eleven, Inc. 3200 Hackberry Rd., Irving TX 75063 I I I ~ ! I I (A HACH ADDITIONAL SHEET If NECESSARY) 1/l 't:>O if< Pnge 1 of 2 l ~,,<,,17.-1 ,,r ,I,-,t'.,.,,,;.,.._,..,, h r'\A ,._,,.-~,.. ,,,..,,,...,,.,,.-4,....f·,,, ,,1,.,,....,.,,-,ti I J.f'rl ·")l'./') 'i()C,0 s. Marana Town Council Regular Meeting 08/03/2021 Page 214 of 402 l l. Provide our re sidence odclress infor m o.for lhe iosl five 5 ears: A .R.S . -4-202 DJ - FROM Month/Year 05/2006 TO Month/Year CURRENT RESIDENTIAL Street Addren (ATTACH ADDITIONAL SHEET IF NECESSARY) 12 . As o Controlling Person or Agent, will you be physically present and operating the licensed premises? II you answered YES, then answer #13 below. If NO, skip to #14 . 13. Hove you olfended a DLLC approved Basic & Management Liquor Low Training Course within the post 3 years? 14. Hove you been cited, arrested, indicted, convicted. or summoned into court for violation of ANY criminal low or ordinance. regardless of the disposition, even if dismissed or expunged, within !he post five (5) years? l 5. Are there A NY administrative low citations. compliance actions or consents, criminal arrests. indictments or summonses pending against you? (Do no! include civil traffic tickets.) A.R.S.§4-202,4-210 []YesQJo 16. Hos anyone EVER obtained a judgement against you the subject of which involved fraud or misrepresentation? []Yes@o 17. Hove you had a liquor application or license rejected, denied, revoked or suspended in or outside of Arizona within the Jost five years? A.R.S.§4-202(0) 18. Hos on entity in which you are or hove been a controlling perso n hod an application or license rejected, denied, revoked or suspended in or outside of Arizona within the lost five years? A.R.S.§4-202(0) If you onswer.ed "YES''. to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details including dotes. agencies involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED NOTARY Oes~o I (Print Fun Name) David Lee Seltzer hereby declare that I am the Agent/ Controlling Person/ Premises Manager filing this application. I hove read this document and verify the conlents and all stolements ore true, correct and co et , to the best of my knowledge. Stofeof ~ Count y of ~10-rtS The foregoing Instrument was acknowledged before me this My Commission Expires on: 2~ Dayof !rprd @d--f Day Month Yeo, ~k= ~ {Signature of Notary The Licensee has authorized the person named on this questionnaire to act as manager for the above license. PRINT NAME: ____________ SIGNATURE: ____ _ 1/1 1/?0 18 Page 2 of 2 Marana Town Council Regular Meeting 08/03/2021 Page 215 of 402 • • ,·;:q Ji ~.i q Uqr. Lie. Pt12 ;44 \..-~ ._;.1'( ~ Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix. AZ 85007 -2934 www.azliquor.gov (602) 542-5141 QUESTIONNAIRE A.R.S.§4-202, 4-210 Type or Print with Black Ink The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. ATIENTION APPLICANT: This is o legally b inding document. Please type or print in black ink. An invesfigafion of your background will be conducted. Incomplete applicolions wiil not be accepted. Folse or misleading answers may res ull in the denial or revocation of a license or permit and could result in criminal prosecuiion. Attention local governments: Social security and birth dote information is confidential. This information may be given to low enforcement o encies for bock round checks onl . QUESTIONNAIRE IS TO B.E COMPLETED BY EACH CONTROLLING PERSON. AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING . THIS fORM MUST SUBMIT A BLU!; OR BLACK UNED FINGERPRINT CARD AlONG WITH A $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFbRCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT tHE DEPARTMENT Of LIG}UORWHEN ACCOMPANIED BY A COMPLETED APPLICATION. ( clfi Liquor License#: SEE ATTACHED At\ ')d'\:::,~{ '.JJ l. Check the Appropriate Box 3. Social Security # 0 Controlling Person 0Agent first ____ Driver License#: D Premises Manager (comolete dll questions except #12) (NOT a public fKO!d) State: Texas 4. Place of birth: Shreveport LA USA ----Height: _s_·~-"-Weigh!: _1_3_0_ Eyes: Blue Hair: Blond City State COUNTRY (not counl)I) 5 . Nome of current/most recent spouse: decea~~9 _______ _ Last 6. Are you o bona tide resident of Arizona? DesCZNo 7. Daytime telephone number:--···-·--· SEE ATTACHED First E-mail address: ·-------Birth Date: ___ ; __ / __ Middle (NOT a pubHc r•cord) 8. Business Nome:-----·------- . SEE ATTACHED ·------··------·------Business Phone: .. __ , __ , __ SEE ATTACHED 9. Business location Address: __ _ Street (do not use PO Box J City State Couoty Zip 0. List vour emolovmenl or voe of business durina the oost five 5l veors. Ir unemoloved. retired. or student. lis t residence addres s. FROM TO OESCR18£ POS ITIO N OR IUS INESS EMPLOYERS NAME OR NAME Of BUSINESS l I Mo'!!!2L!eor Month /Year !Street Address. Citv State & Ziol I 04/2012 VP & Deputy GC 7-Eleven, Inc. 3200 Hackberry Rd, Irving TX 75063 I CURRENT - --··-----~ ---->M ____ ;..... i ~ (ATIACH ADDITI O NAL SHEET IF NECESSAJ!Y) ~o,.Je · of 2 •~8:i ~'i(i~JO'., '!~Uvi .. ·ng ;...,..~,\ nc:c(';-;nrn or:o!ion\; r>ea5t: coJ ~602;5 ,f 2 ·2999 Marana Town Council Regular Meeting 08/03/2021 Page 216 of 402 e 11. Provide our re sidence address information for the lost five 5 ·ears: A.R .S. 4-202 D FROM Month/l'ear 03/2017 08/2016 TO Month/Year CURRENT 03/2017 RESIDENTIAL Street Address (ATIACH ADDITIONAL SHEET IF NECESSARY) e 12. As a Controlling Person or Agent. will you be physically present and operating the licensed premises? If you answered YES. then answer #13 below. If NO . skip to #14. 13. Hove you attended o DLLC approved Basic & Management l iquor Law Training Course within the post 3 years? 14. Hove you been ciled. arrested. indicted. convicted. or summoned in to court for violation of A NY criminal low or ordinance, regardless of the disposition, even if dismissed or expunged, within the post five (5) years? I 5. Are there ANY administrative low citofions, compliance actions or cons ents. criminal arrests, indictment~ or summonses pending against you? (Do not include civi l traffic tickets.) A.R.S.§4·202A·210 0 Yes [Z}'Jo oYes~o 16. Hos anyone EVER obtdined a judgement against you the subject of which involved fraud or misrepresentation? C}Yes~o 17 . Hoveyou hod o liquor application or license rejected . denied, revoked or suspended in or outside of Arizona within the lost five years? A.R.S.§4·202(D) 18 . Hos on entity in which you are or hove been a controlling person had on application or license rejected. denied. revoked or suspended in or out side of Arizona within the last five years? A.R.S.§4 -202(0) If you ariswered "YES" to any Question 14 through 18 YOU MUST attach a signed statement. Give complete detalls Including dates, agencies Involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED NOTARY C}Yes~o Oes[ZNo I (Print full Nome) Lillian Kirstein hereby declare tho! I om the Agent/ Controlling Person/ Premises Manager filing 1his application. I hove read this document and verify the contents and all statemenfs ore true, correct and com'ple , to the best of my knowledge . Signalure:~--'r,l-\; ~,6.-.-..u..,+)L l)~a'--· -State of IE'tlH County of /J/rf.kl[J The foregoing lt1strument was acknowledged before me th is J}s __ Day of 4n~/ ~}'( Day Month Year (~$:~ ...... :------- The Licensee has authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME: --------····-· _ .... -----SIGNATURE:·----- lj i i/20i& Page 2 of 2 ind1v10vOI$ requiring ADA occommcdot;ons p .eose co,, (60:.::,5 42-2999 Marana Town Council Regular Meeting 08/03/2021 Page 217 of 402 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 Local Governing Body Recommendation A.R.S. § 4-201(C) 1. City or Town of: __________________________________________ Liquor License Application #:_______________________________ (Circle one) (Arizona application #) 2. County of: _______________________________________________ City/Town/County #: ______________________________________ 3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2), ______________________________________________________ ______________________________________________________ (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The ___________________________________ at a ________________________________ meeting held on the __________________ of (Governing body) (Regular or special) (Day) _____________________, ____________ considered the application of _______________________________________________________ (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application ______________________________________________, (Arizona liquor license application #) for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________ (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for _____________________________________________________. (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) ____________________________________________ ___________________________________________ (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Marana Town Council Regular Meeting 08/03/2021 Page 218 of 402 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4 -206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 li cense may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on - & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provide d for the bar. Payment must be made no later than the time of delivery. Marana Town Council Regular Meeting 08/03/2021 Page 219 of 402 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, thi s liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from th e premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (li quor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its regi stered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Town Council Regular Meeting 08/03/2021 Page 220 of 402 Council-Regular Meeting L3 Meeting Date:08/03/2021 To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Nolette Hernandez, Records Clerk Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area Additional Info: 1. Leverage the Town’s coordinating capability to facilitate enhanced customer interaction with multiple governmental and external agencies. a. Ensure Marana residents and business owners experience excellent customer service interactions. Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License submitted by Andrea Dahlman Lewkowitz on behalf of Speedway #2992, located at 4180 West Ina Road, Tucson, Arizona 85741 (Cherry L. Lawson) Discussion: This application is for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License at Speedway #2992, located at 4180 West Ina Road, Tucson, Arizona 85741. Per advisement from Detective Risa Williams with the Arizona Department of Liquor, the application was not required to be posted for 20 days at the premises where the business is to be conducted. Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. Marana Town Council Regular Meeting 08/03/2021 Page 221 of 402 The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and “in all proceedings before the Town Council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license.” If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona State Liquor Board will take place, unless the director of the DLLC, the liquor board or a resident within a one-mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one-mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Town staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to approve and submit to the DLLC an order recommending approval of an application for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License submitted by Andrea Dahlman Lewkowitz on behalf of Speedway #2992, located at 4180 West Ina Road, Tucson, Arizona 85741. OPTION 2: I move to approve and submit to the DLLC an order recommending disapproval of an application for an Acquisition of Control of a Series #10 Beer and Wine Store Liquor License submitted by Andrea Dahlman Lewkowitz on behalf of Speedway #2992, located at 4180 West Ina Road, Tucson, Arizona 85741. Attachments Redacted Application #2992 Local Governing Body Recommendation Marana Town Council Regular Meeting 08/03/2021 Page 222 of 402 Descriptions of Common Liquor Licenses Marana Town Council Regular Meeting 08/03/2021 Page 223 of 402 • - State of Arizona Departinent of Liquor Licenses and C ontrol Nu m ber: Name: Location: Mail ing Address: Phone: Alt. Phone: Email: Created 06/14/2021 @ 02 :46 :56 PM Loca l Govern ing Body Repo11 LICEN SE MULT I-SEE ATTACHED LIST MULTI-SEE ATTACHED LIST MULTI -SEE ATTACHED LIST 2600 N CENTRAL AVENUE #1775 PHOENIX, AZ 85004 USA (520)682-7798 Currently, t hi s license has pending appl ications. AGENT Nam e: AND REA DAHLMAN LEWKOWITZ Gender: Female Correspondence Address : 2600 N CENTRAL AVENUE #1775 PHOENIX, AZ 85004 USA Phone : 111111111111 Alt. Phone: Email: OWNER Page I of3 Marana Town Council Regular Meeting 08/03/2021 Page 224 of 402 Name: Contact Name: Type: e WESTERN REFINING RETAIL LLC ANDREA LEWKOWITZ LIMITED LIABILITY COMPANY • AZ CC Fi le Number: Rl9547476 State of Incorporation: DE Incorporat ion Date: I 0/02/2014 Correspondence Address: 2600 N CENTRAL AVENUE #1775 PHOENIX, AZ 85004 USA Phone: Alt . Phone: Email: Officers/ S tockh o ld ers Name: - SPEEDWAY WESTERN HOLDINGS LLC GLENN MICHAEL PLUMBY ROGER KENNETH BURTON KIMBERLY KAREN DUNCAN CARINA ECKARD DUFFY MATTHEW LEV I YODER Page 2 of5 Title: Member President Vice-President Secretary Treasurer Senior Vice- President % Interest: 100% Marana Town Council Regular Meeting 08/03/2021 Page 225 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 226 of 402 Marana Town Council Regular Meeting 08/03/2021Page 227 of 402 Marana Town Council Regular Meeting 08/03/2021Page 228 of 402 Marana Town Council Regular Meeting 08/03/2021Page 229 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 230 of 402 e e Arizona Department of Liquor Licenses and Contro l '21 .JUH 14 Li'l', Lie. PM 2 :43 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 QUESTIONNAIRE A.R.S.§4-202, 4-210 Type or Print with Black Ink The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. ATTENTION APPLICANT: This is a legall y binding document. Please type or print in black ink. An investigation of you r background will be conduc ted. Incomplete applications will not be accepted. False or misleadin g answers may result in the denial or revocation of a license or ermit and could result in criminal roseculion. Attention local governments: Social security and birth dale in formation is confidential. This information may be g iv en to low enforcemenl a encies for back round checks only. QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON, AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGERPRINT CARD ALONG WITH A $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. ~ Liquor license#: SEE ATTACHED ~ i\r IS·J(s1 1. Check th e Appropriate Box D Controlling Person [x]Agent D Premises Manager (complete alt questions except #12) 2. Name: -----"L=E_W-'K"""O-=-\i_'lv-'I""T=Z----;;..:A.;;..N=D..;;.R=E=A'-------'D=A~H~LM=A;.;.N.c..-_____ Birth Dote:- Lost First Middle a pu 1c recor 3. Social Security #: _____ Driver License#: 4. Place of birth : _M_A_N_KA_T_O ___ M_N ____ U_S_A ____ Height: 5' 8' Weigh t: 14 0 Eyes: HZL Hair: BLN City State COUNTRY {not county) 5. Name of current/mos t recent spouse: __ L_E_W_K_O_W_IT_Z ___ HA __ R_O_L_D ____ ""J_E_R_O_;'v_1E ____ Birth Dote: Last first Middle (NOT a public record) 6. Are you a bona f ide reside nt of Arizona? [K]YesDo If yes, what is your dote of residency: __ 0_4_/1_9_6_1 ______ _ 7. Daytime telephone number: _____ E-mail address: 8. Bus iness Nome __ s1.:_:E_._i\ T_T_A_C_H_E_D ____________________ Business Phone: _S_EE_" tj_TT_A_C_ljE_D __ 9. Business Location Address: _S_E_E_A_T_T_A_C_H_E_D ______________________________ _ Street (do not use PO Box J City State Counly Zip 10. Lis i vour emolovment or tvoe of business durina the oosl five 51 vears. If unemoloved, retired. or student, lis t re sidence oddres FROM TO DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME Of BUSINESS Monl h /Year Month/Year {Street Address. Citv. Slat e & Zi ol Ol i2004 CURRfNT ATTORNEY LEW l,O v\/l TZ LAW OFFICE PLC 2600 N CENTRAL A VENUE, STE. l7r5 PHO[f'\l X. AZ 85004 (ATTACH ADDITIONAL SHEET IF NECESSARY) 1/11/2018 Page I of2 Individuals reoui1inq ADA occommodolions please coll (602)542-2999 s. Marana Town Council Regular Meeting 08/03/2021 Page 231 of 402 e e l l. Provide o ur res idence address information fo r th e los t five 5 ears: A.R.S. ~4 -202/D) FROM Month/Year 0211999 TO Month/Yeo, CURRENT RESIDENTIAL Street Address (ATTACH ADDITIONAL SHEET If NECESSARY) 12. As o Controlling Person or Agent, will you be physically present and opera ting the licensed premises? If you answered YES. then answer #13 below. If NO, skip lo #14. 13 . Have you attended o DLLC approved Basic & Management Liquor Low Training Course within the past 3 years? 14. Hove you been cited. arrested, indicted. convicted. or summoned into court for violation of ANY criminal law or ordinance. regardless of the disposition, even if dismissed or expunged, within !he past five (SJ years? 15. Are there ANY administrative low citations. compliance actions or consenls. criminal arrests. indictments or summonses pending against you? (Do not include civil traffic tickets.) A.R.S.§4-202,4-2 10 oYesDo 16. Hos anyone EVER obtoined,o judgement agoins! you the subject of which involved fraud or misrepresentation? []Yes[Z}Jo 17. Hove you hod .a liquor application or license rejected. denied. revoked or suspended in or outside of Arizona wil hin the lost five years? A.R.S .. §4-202{D) 18. Hos on entity in which you.ore or hove been o controlling person hod on opplicotion or license rejected: denied. revoked or suspeflded in or outside of Arizona within the last five years? A.R.S.§4-202(D) If you answered "Y ES" to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details Including dates, agencies involved and disposltlons. CHANGES TO QUESTIONS 14.-18 MAY NOT BE ACCEPTED NOTARY [Jies[KNo I (Print Fun Nome) ANDREA DAHLMAN LEWKOWIT~--·--hereby declare thoi I om the Agent/ Conirolling Person / Premises Manager filing !his application. ! hove read this document ond verify t he contents and all slotemenls ore true. :t:::~:,:nd c~~,t ;r:~nowledge . M y Commission Exp ires on: __ -_:I:\12 5 __ ,,, ___ _ AMY L SCHROFF Nota,y Public -Arizona Maricopa County My Commission Expires ~ 02i! 2/2025 Stole of A RIZO Nt\ ___ C ounly of MARICOPA __ _ The foregoing inslwment wos acknowledged before me this _ __.}_L\:_.___ Day of __ A_l_)R_l_L_. ____ , 2021 ---·- Doy Month Year ---··--.. -·---(l~~~ The licensee has authorized the person named on this questionnaire to act os manager for the above License. PRINT NAME: ·---...... ·-· ----SIGNATURE: Page 2ot 2 :noiv:,11;ois rc qui-:,)g AD:, o c com 0.1oc otio11, p ic~;,c c:.il !00?)542-299? Marana Town Council Regular Meeting 08/03/2021 Page 232 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 233 of 402 • e Arizona Deportment of Liquor Licenses a&il.oru\'1rJP Liq'. Uc. Fti 2 :43 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542 -5 141 QUESTIONNAIRE A.R.S.§4-202, 4-210 Type or Print with Black Ink The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. I(' ATTENTION APPLICANT: This is o legally binding document. Please type or print in black ink . An investigation of yo r background will be conducted. Incomplete applications will not be accepted. False or misleading answers may resuli in the denial or revocation of a license or permit and could resul t in criminal prosecution Attention local governments: Social security and birth dote in formation is confidential. Th is information may be given to low enforcement Q encies for back round checks only. QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON . AGENT AND MANAGER BEING DISC LOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGER PR INT CARD ALONG WITH A $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONA L S13 FEE . FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. ,-it' liquor license#: SEE ATTACHED ~ t<;'~lft.,, l. Check the Appropriate Box (21 Controlling Person 0Asent com DEPINTO JOSEPH MICHAEL 2. Nome:-------------------------.,..,,...,-,,--------Lost fir$! Mid die 3. Social Security#: ___________ Driver License#:_.__ _____ State: _T_X _______ _ 4.Ploceotbirth: CHICAGO IL USA City Slate COUNTR Y (not county) 5. Nome of current/most recent spouse: DEPINTO INGRID HYE-KNUDSEN Birth Dote lost Flut Middle 6. Are you a bona fide resident of Anzono? 0Yes0-Jo 8. Business Nome: SEE ATTACH ED Business Phone: Sl::E~TTAC/iE~ 9. Business location Address: SEE ATTACHED Slreel (do not use PO Bo x ) City Stole County Zip 10. list our em lo mentor I ,-~o~~tar MoniiYear If unemployed, retired, or student. list residence address. EMPLOYERS NAME OR NAME Of BUSINESS ~ DESCRIBE POSITIO N OR BUSINESS I 12/2005 CURRENT (Sheer Address. City. Stale & ~ieJ~ _____ __, 17-ELEVEN. INC. 3200 HACKBERRY RD .. IRVING, T~~~ PRESIDENT /CEO 1-·-1 -----~-----------t,!------+---·-------------t--------- !-----·-----·---- : ---'---------''--------------i----- --__ ,J l ' .. -----·----1 I ------J (ATTACH ADDITIONAL SHEET If NECESSARY) 'i /20 18 P8ge I or 2 Marana Town Council Regular Meeting 08/03/2021 Page 234 of 402 e e i 1. Provide your res idence address informatio n for the lost five (5) years : A.R.5 . §4-202{0} FROM I TO I RESIDENTIAL Street Address Month /Year I · Month/Year ! 10/2017 CURRENT -+------f---------- 08/2007 10/2017 i-----1------1-------------------------·-----------------i 1-------i!-------+----------------------------------··------- (ATTACH ADDITIONAL SHEET IF NECESSARY) 12 . As a Controlling Person or Agent, will you be physically present and operating the licensed premises? If you answered YES, then answer #13 below. If NO, skip to #14. 13. Hove you a11ended a DLLC approved Basic & Management Liquor Low Tra ining Course within the post 3 years? l 4. Hove you been cited. arrested. indicted. convicted. or summoned in1o court for violation of ANY criminal low or ordinance, regardless of the disposition. even if d ismissed o r expunged. within the post five (5) years? 15 . Are there ANY administrative law citations. compliance actions or consents . criminal arrests, indictments or summonses pending against you? (Do not include civil traffic tickets.) A.R.S.§4-202,4~2 I 0 []YesDo I 6. Has anyone EVER obtained a judgement against you the subject of which involved fraud or misrepresentation? []Yes~o 17. Have you had a liquor applicat ion or license rejected, denied. revoked or suspended in or outside of Arizona within the last five yeqrs? A.R.S.§4-202(0) 18. Has an entity in which you are or have been a controlling person had an application or license rejected, denied, revoked or suspended in or outside of Arizona within the last five years? A.R.S.§4-202(0) If you answered "YES" to any Question 14 through 18 YOU MUST attach o signed statement. Give complete details including dotes, agencies involved and dispositions . CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED NOTARY I (Print Full Name) JOSEPH MICHAEL DEPINTO hereby declare that I am th·e Agent/ Controlling Person/ Premises Manager filing this application. I have read this document and verify the contents and all statements are true, correct an mplete. to th e be, ot mgno ledge. ,.., Sta te of /fxaJ County of ____.:;._Jk.;;._,bc..:;.k/....,5:;.__ __ _ The foregoing instrument was acknowledged before me this My Co Year The licensee has authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME: __ N_I_A ____ _ SIGNATURE: ----··-----------·-(.\GENT ) l/l l/2018 Page 2 ol? 1 .... ,....;;,,,r,1 ,,-.Ir .,,....,...., ,;,.;,....,... A{"\ A ,..,,,..,,......,......,,......,....,-1...,.,,,...,. •. ,.. ..-..1,....,,..,..,.... ,,..,...,11 I l.fY)I C A') '1000 Marana Town Council Regular Meeting 08/03/2021 Page 235 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 236 of 402 • '2'1 .JIJH 14 Li'i', Lie. FH 2 43 Arizona Department of liquor Licenses and Control 800 W Washington 51h Floor Phoenix. AZ 85007 -2934 www.azliquor.gov (602) 542-5141 QUESTIONNAIRE A.R.S.§ 4-202. 4-210 Type or Print with Black Ink The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. ATIENTION APPLICANT: This is a legally binding document. Please type or prinl in black ink. An ,nvesligotion of your background will be conducted. Incomplete applications will not be accepted. Folse or misleading answers may result in the denial or revocation of a license or ermit and could result in criminal rosecution. Attention local governments: Social security and birfh dole information is confidential. This informolion may be given to low enforcement a encies for back round checks onl . QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON, AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGERPRINT CARD ALONG WITH A $22 FEE . FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN AODITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. ' 1 Liquor License#: SEE ATIACHED 4i \'S°~1 1 . Ch~ck th.e Appropriate Box 2• Name: GASAWAY [Z] Controlling Person RANKIN 0Agent LEE -----·-----·----------,-,-------- lo sf f~sf Mkldl• (NOT a public record) 3. Social Security #: ------Driver License#:-----------State: _T_X ______ _ 4. Place of birth: AUGUST A . GA __ ._ .. USA _______ Height: 6' O" Weight: 210 City Stole COUNTRY {no! county) BRN 5. Name of current/most recent spou.se: __ 9._~?.._/::'!Y_~'!_ ... ____ }_E.~N I FER JOANN Birth Dote: tcist First Mkfdl& 6. Are you a bona fide resident of Arizona? OYes[Z}io 8. Business Name: SEE ATTACHED __________ ---··--·-.. ···-··-·-.. ·-------Business Phone: SE.£11.JJAQHED ._ 9. Business Location Address : ... _SEE ATIACHED._ Sheet (do nol "'" PO Sox ) City State County Zip 10. List vour emolovmenl or ivoe of business ourina the post live 51 veors. If unemployed. re tired or student. list residence addres s. fROM TO DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME Of BUSINESS l Month/Year Month'Yem (Street Address. City, State & Zip) i i 8/2012 CURRENT SVP/GC/SEC ?-ELEVE N, INC. 3200 HACKBERRY RD .. IRVING, TX 75063 1 i 12/1991 SENIOR COUNSEL , 7-ELEVEN. INC . 3200 HACKBERRY ~D., IRVING. TX 75063 1 8/2012 ----- ' ~ i I ! I ! . 1 i (ATTACH ADDITIONAL SHEET If NECESSARY) /2018 ., )';Jo::! i ":.f 2 P(1 .,fiOl.HJ\ rec.._. :,rg ;. C,;;. c: ,:,:11 ,n ,)00'.i:JG~ oreose coll f602 J5 42-29Yi=> Marana Town Council Regular Meeting 08/03/2021 Page 237 of 402 e 11. Provide our residence address information for fhe losf five !SJ years: A.R.S._§_4-202(_QJ FROM Month/Year 06/2016 09/1992 TO Month/Year CURRENT 06/20/2016 RESIOENllAL Street Address (ATTACH AOOITIONAL SHEET IF NECESSARY) • 12. As o Controlling Person or Agent. will you be physically present and operating the licensed premises? If you answered YES. then answer #13 below. If NO , skip to #14. 13. Hove you attended a DLLC approved Basic & Management Liquor Low Training Course within the post 3 years? 14. Hove you been cited. arres1ed. indicted, convicted. or summoned into court for violation of ANY criminal low or ordinance, regardless of the disposition, even if dismissed or expunged. within the past five (5) years? 15. Are there ANY administrative low citations, compliance actions or consents, criminal arrests. indictments or summonses oendinq against you? (Do not include civil traffic tickets.) A.R .S.§4-202.4 -210 OesQlo Oes~o 16. Hos anyone EVER obtained o judgement against you the subject of which involved fraud or misrepresentation? Oes~o 17. Hove you hod a liquor application or license rejected, denied, revoked or suspended in or outside of Arizona within the last five years? A.R.S.§4-202(0) 18. Hos an entity in which you are or hove .been a controlling person hod on application or license rejected. denied. revoked or s_uspended in or outside of Arizona within the last five years? A.R.S.§4-202(0) lf you answered "YESn to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details Including dates, agencies Involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED NOTARY I (Print Full Nome) RANKIN LEE GASAWAY hereby declare that I am the Agent/ Controlling Person/ Premises Manager filing this application. I hove read this document and verify the conients and all statements are trve. correct and complete, lo the best of my knowledge. Signature:~~ My~~~~~~~~}~~~::._~::..!__ Slate of ~It') County of 7)ft-l.l-/'r5 The foregoing instrument was acknowledged before me this { Dtfv\ Doy of ffl ~ ------· JO~ Doy Month Year (),;i4t11JMO}l. 1~-- ... \ r~INotory The Licensee has authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME: N/ A --·--· . (.AC f.\T) iii 1;2018 SIGNATURE: ?og~ 2cf 2 lr.dividuol1 rf.quiring ADA occorrrnodot,of'S p ·eose col: lo02!542·2999 Marana Town Council Regular Meeting 08/03/2021 Page 238 of 402 e •·;::<·i T1LJP ·1' d Lil'll' I ir -, ? ,.,q L.. .1. v 1 'i • ,. , --, r n '-n..t._, 7-ELEVEN, INC. CORPORJ\TE OFFICERS ANSWERS TO QUESTION #18 I have no records or recollections of any of the license activities requested in question# 18, either individually or corporately, p1ior to my association with 7-Eleven. With regard to 7-Eleven. Inc., it operates approximately 60,000 stores around the globe. While some of the stores are corporately held, most of the 7-Eleven stores in the U.S. are independently owned and franchised. To provide the information requested in question 18 for all of these stores would be overly burdensome as ?-Eleven. lnc. does not maintain records for such comprehensive in fonnation. Only in excess of caution did I mark question # 18 as "yes.'' In Arizona most, if not all, of the stores are cun-ently operated by independent franchisees who hold their own liquor licenses. Because of the franchise structure, the number of corporate stores at any given time varies as independent franchisees take over or return individual stores. To the best of our infonnation, since 7-Eleven, Inc. has been operating in Arizona , it has never had a corporate business, professional or liquor application or license rejected, denied, revoked or suspended. However. some of the Arizona corporate stores may have incurred fines in the distant past, records of which we do not have. Nonetheless, we do have information available for the following violations at corporates stores, none of which were in the past five years: License " ·Store"# Violation Complaint Reason,. · t;(R_-;:~-'{;~~J!;.l'·.1:.-fiile .pa'id I• -Date # -· . 'C'&~ ~ ~ ' . ~ -, .. ~' -~ T , • ~~,'-~ .• ' 10073340 29i 10 10/8/97 0741-97C Fail to check JD; sale to minor $ 625.00 100.7J306 23223 9/12/98 0637-98C Fail to check ID; sale to minor $ 500.00 10073325 32280 12/10/98· 0838-98C Sale to minor $ 500.00 10073404 3i321 ll/10/CJ9 0763-99C Fail to check ID; sale to .minor $1,250.00 10072791 32280 4/20/00 0490-00C Fail to check ID; sale to minor $1,250.00 10103422 21814 8/18/05 0622-0SC Sale to minor $ 500.00 The cha1t above is updated by corporate counsel as necessary as we are made aware of additional violations at stores during a time they were operated as a corporate store. EC of 7-Eleven , Inc. Marana Town Council Regular Meeting 08/03/2021 Page 239 of 402 • Arizona Department of Liquor Licenses and Control 800 W Washington 51h Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-51 41 QUESTIONNAIRE A.R.S.§4-202. 4-210 Type or Print with Black Ink The fees allowed by Rl 9-1·102 will be charged for all dishonored checks. ATTENTION APPLICANT : This is o legally binding documenl. Please type or print in block ink. An investigalion o f your background will be conduc!ed. Incomplete applications will not be accepted. Folse or misleading answers may res v ll in th e denial or revocation of o license or ermit and could resu lt in criminal rosecuiion. Attention local governments: Social security and birth dote information is confidential. This information may be given lo law enforcement o encies for back round checks onl • QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON , AGENT ANO MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGERPRINT CARD ALONG WITH A $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONAL $13 FEE , FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED IIY A COMPLETED APPLICATION. ~ Liquor License#: SE E ATTACHED ~ l ~~ q V 1. Check the Appropriate Box 12] Controlllng Person 0Agent t #12 2_ Name: ___ R_E_Y_N_O_L_D_S ___ S_T_A_N_L_E_Y _____ W_A_Y_N_E _________ Birth Dateaalll lasl first Mid die (NOT a publk: record) 3 . Social Security#:_ ____ Driver License#: _____ Stole: _T_X ______ _ 4. Place otbirth: ARKADELPHIA AR USA Height: S' 11 ' Weight: 180 Eye s: GRN Hair: BLN Clly Sloh, COUNTRY (not county) 5. Name of current/most recent spouse: REYNOLDS TAMMRA DENI_S_E __ Birth Dote: --Flr_sl ______ Middle (NOT o pub&c re~ord) last 6. Are you a bon a fide resi dent of Arizona? [Jyes0-Jo 8. Business Nome: -~EE ATTAC HED ---· Business Phone: SEE f._TTA C)jED 9. Business Lo c ation Add re ss: 10. List our em lo rneni or t· FROM Monlh Yeo, 11/1997 TO M onlh Yeor CURREN! ---t- i I i SI:!: ATTACHED -·---·---------------------------Slr<>et (do not use PO Box) City Stole Counly Zip DESCRlaE POSITION OR &USINESS EVP/CFO/CAO , ?-ELEVEN. INC. 3200 HACKBERRY RD., IR V IN G. TX 75063 .. ------------·--11---·--------·--------·· ~-------·-----t---·-------------1------------------------- L_ __ ~_ (AnACH AODIHONAl SHEET IF NECESSARY) "o:;e 1 o! 2 •"di..-:ovols roqL1"··-.g /' .. :)1-occc.·1vnodc: ,Jf'\S o!t-Jo!.e coli (6~2i542 :,099 Marana Town Council Regular Meeting 08/03/2021 Page 240 of 402 e • 1 J . Provide your resi denc e address informatio n for the last five [5) years: A.R.S. §4-202iD J --f-ROM I 10 ! RESIDENTIAL Street Address ----------------~, Month/Vear Month/Year (AnACH ADDITIONAL SHEET IF NECESSARY ) 12 As a Controlling Person or Agent, will you be physically present and operating the licensed prem1se s2 If you answered YES. then answer #13 below. If NO. skip to #14. 13. Hove you attended o DLLC approved Basic & Management Liquor Low Training Coune within the post 3 years? 14. Hove you been cited, arrested, indicted, convicted. or summoned into court for violation of ANY criminal low o r ordinance. regardless of the disposition. even if dismissed or expunged. within the past five f5) years? 15. Are there ANY administrative law c itations. compliance actions or consents, criminal arrests. indictments or summonses pending against you? (Do not include civil traffic tickets .) A.R.S.§4-202,4-210 OYes~o 16. Has anyone EVER obtained a judgement against you the ~ubject of which involved fraud or misrepresentation? []Yes0'Jo 17. Hove you hod a liquor application or license rejected. denied, revoked or suspended in or outside of Arizona within the lost five years? A.R.S.§4-202(0) 18. Hos on entity in which you ore or hove been a c:;ontrolling p~rson hod on application or license rejected, denied, revoked or suspended in or outside of Ariz.ona within the lost-five years? A.R.S.§4-202(0) If you answered "YES" to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details Including dates, agencies in_volved and dispositions. CHANGES TO QUESTIONS 14-18' MAY NOT BE ACCEPTED NOTARY []Yes0-Jo I (Print Full Nome)__?ta.n_ley Wayne Reynolds hereby ·declare Iha! I om the Agent/ Controlling Person/ Premises Manager filing this application. I hove read this document and verify the contents and all statements are 1rue. correct and c omplel e, to the best of my knowledge. Stole of '1eYAs Coun ty of PAW-As The foregoing instrument was acknowledged before me this My Commissio n Exp ires on: /0 · 2& · 202.;> ,,,~~~~i,,, BRENDA K CARPENTER ,:-6' ..... '# ~ {!(*"";'~~ No tary Public . State of Texas ~".l.,\ /, __ f:: Comm. Expires 10-28-2023 , 't'· ··<'<,~' ~,,,,of;,,,,' Notarv ID 117791 4 --'--'~--Doy of l'Vvz C \-l Month Year The Licensee hos authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME N/A --------------·-··---·--·-------------SIGNATURE:--·---·---·----·-··--···------- (A(~H r) I ! I 1 /2018 Page 2 o' 2 lndiv,cvo's requiring AD . .<\ o c comrnod olion~ plea se col! /602)5.t :?-2999 Marana Town Council Regular Meeting 08/03/2021 Page 241 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 242 of 402 • • Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007 -2934 www.azliquor.gov (602) 542-5141 QUESTIONNAIRE A.R.S.§4-202, 4-210 Type or Print with Block Ink '21 JUH 14 u~-. Uc. ft12144 The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. ATTENTION APPLICANT : rt11s is a legally binding document. Please type or print in black ink. An i vestigofion of y u background will be conducted. Incomplete applications will not be accepted. Folse or misleading answers may resu!I in the denial or revocation of a license or ermit and could result in criminal roseculion. Attention local governments: Social security and birth date informalion is confioentiol. This information may be given to low enforcement a encies for bock round checks onl . QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON, AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BlU~ OR BLACK LINED FINGERPRINT CARD ALONG WITH A $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOlt AN ,ADDITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT THE DEPARTMENT Of LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. ~i Liquor License#: SEE A TT ACHED f l ( d'b I. Check the Appropriate Box IZ] Controlling Person 0Agent RUBINETT 2. Name:-------- ta,1 3. Social Security#: ARTHUR fht , ____ Driver License#: 0 Premises Manager (complete all questions except 1112) ED.WIN .Mldille (NOT o publlc record) _____ Slate : TX ,, ___ ... _. ___ ,,, __ 4 . Place ot birth: DALLAS TX City · Slate USA Height: 61 O" Weight: 3..oo ... Eyes: _§._LU . Ha ir: BRN COUNTRY (not county) 5. Name of curren!/mosl recent spouse: RUBINEIT MARCIA NONE -· Birth Dote: lost f trsf Mlddl" -... t . . . 6. Are you a bona fide resident of Arizona? OYesl:ZNo 8. Business t~om e: _S_!:_E_A_Tf:AC HFD ·---------Business Phone: ___ SE~~ TT '2!f HED 9 . Bus in ess Loco!ion Address: SEE A IT ACHED ··-·· Sire et ( do not use ro 80.1<) City 5tate County Zip 10. Lisi your emolovmen! or lvpe of business durino the oost five 51 veors. If unemo loved, re tired, or student. list residence address. ij FROM I 10 i DES018E POSITION OR BUSINESS EMPLOYERS NAME OR NAM E OF BUSINESS ·~ Month /Yeo, I Month1Yeor I (Street Address, City, State & Zip) I I 10/1998 CURRENT I ASSOCIATE GC/ASST. SECRETARY 7-ELEVEN, INC. 3200 HACKBERRY RO ., IRVING, TX 75063 J !------· 1 --:. i ! ----·----·-------t--------------------··--"····--- 1 I 1-----f------1--------------+----------------·---------l l ' i I (AnACH ADDITIONAL SHEET If NECESSARY) I; 20]c, '°Oge I of 2 '·,~,: ., J;_•o!s re-c1..;·,:r·9 AD;. c~corn:r8(jci<)""S p !eose co11 t602' 54/·2999 Marana Town Council Regular Meeting 08/03/2021 Page 243 of 402 e e l L Provide our residence address information for the lost five (5 ) years: A.R.S. ~4-202(DJ _______ ···-· FROM Month/Year 06/1998 TO M onlh/Yeor CURRENT REStO ENTIAl Street Address (ATTACH ADDITIONAL SHEET If NECESSARY) 12. As a Controlling Person or Agent. will you be physically present and operating the licensed premises? If you answered YES . !hen answer #13 below. If NO, skip to #14. 13. Hove you attended a DLLC approved Basic & Management Liquor Law Training Course within the past 3 years? 14. Hove you been cited, arrested. ind icled. convicted. or summoned info court for violation of ANY c riminal low or ordinance. regardless of the disposition. even if dismissed or expunged, within the post five (S) years? 15. Are there A NY admin istrative law citations. compliance actions or consents. criminal arrest s. ind ictments or summonses pending against you? (Do not include civil traffic tickets:) A.R,S.§4-202,4-210 0Yes@\/o C]Yes[}Jo oYes0-Jo 0Yes0'1o 16. Has anyone EVER obtained a judgement a .gains! you the subject of which involved fraud or misrepresenta tion? oYes~o 17. Hove you hod a liquor application or license rejected. denied. revoked or suspended in or ou tside of Arizona w ithin the lost five years? A.R.S.§4-202(0) 18. Has on entity in which you ore or hove been a controlling person had an application or license rejec1ed, denied. revoked or suspended in or outside of Arizona within the la~t five years? A.R,S.§4-202(0) If you answered "YES~ to any Question 14 throug.h 18 YOU MUST attach a signed statement. Give complete details. Including dates, agencies Involved and dispositions. CHANGES TO QUESTIONS 14'.-18 MAY NOT. BE ACCEPTED NOTARY O es@\/o @(esDo f (Print Full Nome) ARTHUR EDWIN RUBINETT hereby declare that I om the Agent/ Controlling Person I Premises Manager filin~ I correct and comple e re lion. I hqve read this d9cument and verify the contents and oil sfatemen1s ore true, of my knowledge. Sta te of c&Y.rl-S Coun ty of _D_ltV~UrS ____ _ The foregoi ng instrument was acknowledged before me this _! O __ Doy of '{Vlll,~----· -~Dflj _ Doy M o n th Year ~lAMJJ_,,_,_~---- \~ignolure of Notary The licensee has authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME: ___ ~!_A __ SIGNATURE: _______ .. ___ _ (:\CF NTi 1/11/2018 Page 201 2 Individuals reQui<ing AO?. occornrnodotions pteose coi! [60215"2-2999 Marana Town Council Regular Meeting 08/03/2021 Page 244 of 402 e 7-ELEVEN. INC. CORPORATE OFFICERS ANSWERS TO QUESTION# 18 I ha ve no reco rds or recollections of any of the lic ense activities req uested in question # 18 , either indivi dually or corporately, prior to my association with 7-Elcvcn . With regard to 7-Eleve n. lnc., it operates approximately 60,000 s tores around the globe . While some of the stores are COfl)Orately held, most of the 7-Eleven stores in the U.S. are ind ependently owned and franchised. To provide the info1mation requested in question 18 for all of these s tores would be overly burdensome as 7 -Eleven. Inc. does not maintain records for such comprehensive infomrntion . Only in excess of caution did I mark question# 18 as "yes.·' In Ari zona most, if not all, of the stores are cun-ently operated by independent franchisees who hold their own liquor licenses. Because of the franchise structure, the number of COfl)Otate stores at any given time varies as independent franchisees take over or return individual stores. To the best of our information, since 7-Eleven, Inc. has been operating in Arizona, it has never had a COfl)Orate bu siness , professional or liquor application or license rejected , denied, revoked or suspended. However. some of the Arizona corporate stores may have incurred fines in the distant past, records of which we do not have. Non~theless, we do have information available for the following violations at corporates stores, none of which were in the past fiv e years: Li cense Store# Vioiatii:>n fc'qinpl~t .. ~R-~~,{j ••• -~ ,T-. Fine paid ' . Date; .;fi.1 . ,.,: ~·. I :'.·(';!:: " ''°1 10073340 29110 10/8/~)7 074l-97C Fail .(o check ID; sale to minor $ 625.00 10073306 23223 9/12/98 0637-98C Fa'it~ chec.k ID; sale to m inor $ 500.00 10073325 32280 12/10/98 0838.-98C Sale to minor $ 500.00 10073404 32321 11/10/99 . 0763-99C Fail to check JD; sale to minor $1,250.00 10072791 32280 4/20/00 0490-00C Fail 16 -che~k ID; sale to minor $ 1,250.00 10103422 21814 8/18/05 0622-0SC Sale fo minor $ 500.00 .. The chart above is updated by corporate cou·nsel as necessary as we are made awa re of additional violations r's or d · g a time they were operated as a corporate sto re. Marana Town Council Regular Meeting 08/03/2021 Page 245 of 402 • • ·~ ,;,-\ .Ti ft·! 14 Uqi·. Uc. F+12 44 Arizona Department of Liquor Licenses and Cdmrcir · .._ 800 W Washington 51h Floor Phoenix, AZ 85007 -2934 www.ozliquor.gov ( 602) 542-5141 QUESTIONNAIRE A.R.S.§4-202, 4-2 10 Type or Print with Block Ink The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. ATIENTION APPLICANT: This is o legally binding document. Please type o r prinl ,ri black ink. Ari investigation of your background w ill be conducted. Incomplete applications will not be accepted. Folse o r misleading answers may resull in the denial or revocolton o f o li cense or permit and could re su lt in criminal prosecuf1on Attention local governments; Social security and birth dote information is confideniiol. lhis information may be g iven to low enforcemen t a encies for bock round checks only. QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON, AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGERPRINT CARD ALONG WITH A S22 FEE. FINGERPRINTS MUST SE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONAL $13 fEE. FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION . ::: \ ~ /'f u1 Liquor License#: SEE ATTACHED ~ J \:) I l . Check the Appropriate Box 0 Controlling Person 2_ Nome: Colletti, Jr., David Joseph lost first 0Agenf 3. Socio! Security # _____ Driver License#: Middle 4_ Place of birtt1: Philadelphia PA USA Height: _6'0 11 City Stole COUNTRY (not county) 5. Nome of current/mos t recent spouse: Colletti, Laura Elena lost First 6 . Are yov o bona fide resident of Arizona? OYesENo 7. Doylime telephone number:---=-===----E-mail address: 8. Business Nome: SE~ A !f A<:HED ____________ _ 9. Busin ess Location Address: SEE ATTACHED Slreel (do not ose PO Bo• ) Cily D Premises Manager (complete all questions except #12) _____ Birth Oote:-- (Nor o public record) ---------St ate: Texas Weight: 19.?. _ Eyes. Blue Hair: Brown Birth Dote; Middle (NOT o pvbtic 1ecord) Stole SH ATTACHED Busir '.•::ss Pl"lone: --' ---' --·- -. Counlv Zip I 0. Lisi vour er:Y-IP.!'?):!Ylenl or b'.P-~qf bu_~~2_s during the post five (5 ) years. H unemplo y ~i;i . r_e!;red. or stl!de'1L list re sidence address. ! FROM I TO I Dl:SCRIBE POSITION OR BUSINESS I EMPLOYERS NAME OR NAM E OF BU_SI NESS I , Month_{!.~<'!!... ~-n ~h.!.~.!:.':'.~ .... 1 i ___ • (S tr ee l Address. C,ly . S!~te &. Zip) : :-05/2~: 1-::-cu:e•t _t VP -M&A _ ~-:=l · ?-Eleven~ l~c 32~0 Hackbwy Rd .:~n~~X 7-~06~-' I I - -·-·-_,!_ I ------------------ f-. -------· ·-----., .. -~------·· .. ··-····· ···---·---·~-·----·----------·~ -··-·-·-----·--· ... ~ ..l -..... J ..... -...... _____ .. __ ----·-------· .. --_____ _J (ATTACH ADDITIONAL SHEET If NECESSARY} ... ! ·,:'.'.I: Pag e I 0 1 2 Marana Town Council Regular Meeting 08/03/2021 Page 246 of 402 11_. ~i:9~i<:l_~yo~1res1dence odr dres.s in fo rmori.r t he l~Lf~v~J?J.1.~g,s :..00Bc~: §~-~02(0}_~ FROM • TO , Month/Year j Month/Year I RESIDEN!IAL Slre ef Address ------4-------- 12/2020 I CURREN! 43 04/2012 I 12,2020 (ATTACH ADDITIONAL SHEET IF NECESSARY) 12. As o Controlling Person or Agent. will you be physically present ond opero!1ng th e licensed premises? If you answered YES. then answer #13 below. If NO. skip to #14 _ 13. Have you attended o DLLC approved Basic & Management Liquor Low Training Course w ithin !he past 3 years? 14. Hove you been ciled. arrested. indicted. convicted, or summoned in to court ror violation of ANY crimin a l low or ordinance. regardless of the disposition. even if dismissed or expunged, within the pas t five (5) years? i 5. Are !here ANY administrative low citations. compliance actions or consents. criminal arrests . indictments or summonses pending agciinsl you? (Do not include civil lroffic tickets .) A.R.S .§4 -202.4-210 0Yes0'Jo 16 . Hos anyone EVER obtained a judgement against you the subject of which i nvolved frOlid or m isrepresentation? OYes[21'lo 17. Hove you had a liquor application or license rejected. denied, revoked or su spended in or outside of Arizona within the las! five years? A.R.S.§4,202(0) 18 . Hos on entity in which you ore or hove been o controlling person hod on application o r license rejected. denied, revoked or suspended in or outside bf Arizona within the lost five years? A.R.S.§4·202(0) If you answered ~YES" to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details including dates, agencies Involved and dispositions. CHANGES ro ~UESTIONS 14-18 MAY NOT BE ACCEPTED NOTARY Oes@o I (Print Full Name) David Joseph Colletti, Jr. hereby declare fho t I am the Agent/ Conlrolling Person/ Premises Manager filing this application. I have read this document ond verify !he cont ents and all statements ore lr1.Je. correct and complete. to the be I my k:nowl dge. Stole of~ County of _u_~At:+M _____ _ The foregoing instrument was acknowledged before me this Year The licensee has authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME : _ ........ -... -... -.. -·--·-·-------·---.. ·---·--·---·-... -.... ·---.. --·---·-·-· -_ SIGNATURE: l /l 1/20i8 Poge 2ol 2 lnrl1v1rh ,rfr\ r(-lor11 unnn AnA or:rnmmnrln!1t1n<;. t .. ,:~n,F• .;nil il\'1?1 (,.c1?. ?999 Marana Town Council Regular Meeting 08/03/2021 Page 247 of 402 e e .-, · ''Jl I 14· · i"• 1 ic P11 2 :44 Arizona Department of Liquor Licenses and Corftit>I.J! '· L ,. • L • 800 W Washington 51" Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 QUESTIONNAIRE A.R.S.§4-202, 4-210 Type or Print with Black Ink The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. ATIENTION APPLICANT: This is o iegolly binding document. Please type or print in black ink. An invesligolion of your background will be conducted. Incomplete opplicalions will no! be accepted. Folse or m isleading answers may result in lhe denial or revocation of a license or ermil and could result in criminal rosecution. Attention local governments: Social security and birth dote information is confidential. This information may be given to low enforcement a encies for back round checks onl . QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON , AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK UNED FINGERPRINT CARD ALONG WITH A S22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FI NGERPR INT SERVICE . FOR AN ADDITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. J< \< ':l_( C1 ~ LiquorLicense#: SEEATTACHED ~ ~VOi~ l. Check the Appropriate Box ~ Controlling Person flts! 0Agent Mlddle D Premises Manager (complete all questions except #12) Birth Doi (NOT o publlc: r•c:°'d) 3. Social Security # ___ Driver License# ------State: Texas 4. Place of birth: Dallas TX USA City Slate COUNTRY (not c:ounty) 5. Nome of current/most recent spouse: _s_e_lt_z_e_r_, _M_'L_i_s_s_L_e_a_h--,c--------,-,,....---Bir1h Date Lasf fhst M iddle (Nora public 10,cord) 6. Are you a bono fide resident of Arizona? OYes~o 7. Daytime telephone number: E-mail address: ___ _ SEEATTACHED B . p SEEATTACHED 8. Business Nome: us1ness hone:---'---'--- SEE A TT ACHED 9. Business Location Address: ------------------ street (do nal use l'O Sox J Ctty Stole County Zip I 0. List vour emo!ovmen t or tvoe of business ourino ihe oosl five 151 vears. If unemoloved, retired, o r studen1 list res idence addres FROM TO DESCRIBE POSITION OR BUSINESS ! EMPLOYERS NAME OR NAME Of 8l/S1NESS Monlh/\'eo1 Month/Yem (Street Address. Cltv, St ole & Ziel 08/2003 CURRE NT VP& TR 7-Eleven, Inc. 3200 Hackberry Rd., Irving TX 75063 I I I ~ ! I I (A HACH ADDITIONAL SHEET If NECESSARY) 1/l 't:>O if< Pnge 1 of 2 l ~,,<,,17.-1 ,,r ,I,-,t'.,.,,,;.,.._,..,, h r'\A ,._,,.-~,.. ,,,..,,,...,,.,,.-4,....f·,,, ,,1,.,,....,.,,-,ti I J.f'rl ·")l'./') 'i()C,0 s. Marana Town Council Regular Meeting 08/03/2021 Page 248 of 402 l l. Provide our re sidence odclress infor m o.for lhe iosl five 5 ears: A .R.S . -4-202 DJ - FROM Month/Year 05/2006 TO Month/Year CURRENT RESIDENTIAL Street Addren (ATTACH ADDITIONAL SHEET IF NECESSARY) 12 . As o Controlling Person or Agent, will you be physically present and operating the licensed premises? II you answered YES, then answer #13 below. If NO, skip to #14 . 13. Hove you olfended a DLLC approved Basic & Management Liquor Low Training Course within the post 3 years? 14. Hove you been cited, arrested, indicted, convicted. or summoned into court for violation of ANY criminal low or ordinance. regardless of the disposition, even if dismissed or expunged, within !he post five (5) years? l 5. Are there A NY administrative low citations. compliance actions or consents, criminal arrests. indictments or summonses pending against you? (Do no! include civil traffic tickets.) A.R.S.§4-202,4-210 []YesQJo 16. Hos anyone EVER obtained a judgement against you the subject of which involved fraud or misrepresentation? []Yes@o 17. Hove you had a liquor application or license rejected, denied, revoked or suspended in or outside of Arizona within the Jost five years? A.R.S.§4-202(0) 18. Hos on entity in which you are or hove been a controlling perso n hod an application or license rejected, denied, revoked or suspended in or outside of Arizona within the lost five years? A.R.S.§4-202(0) If you onswer.ed "YES''. to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details including dotes. agencies involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED NOTARY Oes~o I (Print Fun Name) David Lee Seltzer hereby declare that I am the Agent/ Controlling Person/ Premises Manager filing this application. I hove read this document and verify the conlents and all stolements ore true, correct and co et , to the best of my knowledge. Stofeof ~ Count y of ~10-rtS The foregoing Instrument was acknowledged before me this My Commission Expires on: 2~ Dayof !rprd @d--f Day Month Yeo, ~k= ~ {Signature of Notary The Licensee has authorized the person named on this questionnaire to act as manager for the above license. PRINT NAME: ____________ SIGNATURE: ____ _ 1/1 1/?0 18 Page 2 of 2 Marana Town Council Regular Meeting 08/03/2021 Page 249 of 402 • • ,·;:q Ji ~.i q Uqr. Lie. Pt12 ;44 \..-~ ._;.1'( ~ Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix. AZ 85007 -2934 www.azliquor.gov (602) 542-5141 QUESTIONNAIRE A.R.S.§4-202, 4-210 Type or Print with Black Ink The fees allowed by Rl 9-1-102 will be charged for all dishonored checks. ATIENTION APPLICANT: This is o legally b inding document. Please type or print in black ink. An invesfigafion of your background will be conducted. Incomplete applicolions wiil not be accepted. Folse or misleading answers may res ull in the denial or revocation of a license or permit and could result in criminal prosecuiion. Attention local governments: Social security and birth dote information is confidential. This information may be given to low enforcement o encies for bock round checks onl . QUESTIONNAIRE IS TO B.E COMPLETED BY EACH CONTROLLING PERSON. AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING . THIS fORM MUST SUBMIT A BLU!; OR BLACK UNED FINGERPRINT CARD AlONG WITH A $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFbRCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT tHE DEPARTMENT Of LIG}UORWHEN ACCOMPANIED BY A COMPLETED APPLICATION. ( clfi Liquor License#: SEE ATTACHED At\ ')d'\:::,~{ '.JJ l. Check the Appropriate Box 3. Social Security # 0 Controlling Person 0Agent first ____ Driver License#: D Premises Manager (comolete dll questions except #12) (NOT a public fKO!d) State: Texas 4. Place of birth: Shreveport LA USA ----Height: _s_·~-"-Weigh!: _1_3_0_ Eyes: Blue Hair: Blond City State COUNTRY (not counl)I) 5 . Nome of current/most recent spouse: decea~~9 _______ _ Last 6. Are you o bona tide resident of Arizona? DesCZNo 7. Daytime telephone number:--···-·--· SEE ATTACHED First E-mail address: ·-------Birth Date: ___ ; __ / __ Middle (NOT a pubHc r•cord) 8. Business Nome:-----·------- . SEE ATTACHED ·------··------·------Business Phone: .. __ , __ , __ SEE ATTACHED 9. Business location Address: __ _ Street (do not use PO Box J City State Couoty Zip 0. List vour emolovmenl or voe of business durina the oost five 5l veors. Ir unemoloved. retired. or student. lis t residence addres s. FROM TO OESCR18£ POS ITIO N OR IUS INESS EMPLOYERS NAME OR NAME Of BUSINESS l I Mo'!!!2L!eor Month /Year !Street Address. Citv State & Ziol I 04/2012 VP & Deputy GC 7-Eleven, Inc. 3200 Hackberry Rd, Irving TX 75063 I CURRENT - --··-----~ ---->M ____ ;..... i ~ (ATIACH ADDITI O NAL SHEET IF NECESSAJ!Y) ~o,.Je · of 2 •~8:i ~'i(i~JO'., '!~Uvi .. ·ng ;...,..~,\ nc:c(';-;nrn or:o!ion\; r>ea5t: coJ ~602;5 ,f 2 ·2999 Marana Town Council Regular Meeting 08/03/2021 Page 250 of 402 e 11. Provide our re sidence address information for the lost five 5 ·ears: A.R .S. 4-202 D FROM Month/l'ear 03/2017 08/2016 TO Month/Year CURRENT 03/2017 RESIDENTIAL Street Address (ATIACH ADDITIONAL SHEET IF NECESSARY) e 12. As a Controlling Person or Agent. will you be physically present and operating the licensed premises? If you answered YES. then answer #13 below. If NO . skip to #14. 13. Hove you attended o DLLC approved Basic & Management l iquor Law Training Course within the post 3 years? 14. Hove you been ciled. arrested. indicted. convicted. or summoned in to court for violation of A NY criminal low or ordinance, regardless of the disposition, even if dismissed or expunged, within the post five (5) years? I 5. Are there ANY administrative low citofions, compliance actions or cons ents. criminal arrests, indictment~ or summonses pending against you? (Do not include civi l traffic tickets.) A.R.S.§4·202A·210 0 Yes [Z}'Jo oYes~o 16. Hos anyone EVER obtdined a judgement against you the subject of which involved fraud or misrepresentation? C}Yes~o 17 . Hoveyou hod o liquor application or license rejected . denied, revoked or suspended in or outside of Arizona within the lost five years? A.R.S.§4·202(D) 18 . Hos on entity in which you are or hove been a controlling person had on application or license rejected. denied. revoked or suspended in or out side of Arizona within the last five years? A.R.S.§4 -202(0) If you ariswered "YES" to any Question 14 through 18 YOU MUST attach a signed statement. Give complete detalls Including dates, agencies Involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED NOTARY C}Yes~o Oes[ZNo I (Print full Nome) Lillian Kirstein hereby declare tho! I om the Agent/ Controlling Person/ Premises Manager filing 1his application. I hove read this document and verify the contents and all statemenfs ore true, correct and com'ple , to the best of my knowledge . Signalure:~--'r,l-\; ~,6.-.-..u..,+)L l)~a'--· -State of IE'tlH County of /J/rf.kl[J The foregoing lt1strument was acknowledged before me th is J}s __ Day of 4n~/ ~}'( Day Month Year (~$:~ ...... :------- The Licensee has authorized the person named on this questionnaire to act as manager for the above License. PRINT NAME: --------····-· _ .... -----SIGNATURE:·----- lj i i/20i& Page 2 of 2 ind1v10vOI$ requiring ADA occommcdot;ons p .eose co,, (60:.::,5 42-2999 Marana Town Council Regular Meeting 08/03/2021 Page 251 of 402 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 Local Governing Body Recommendation A.R.S. § 4-201(C) 1. City or Town of: __________________________________________ Liquor License Application #:_______________________________ (Circle one) (Arizona application #) 2. County of: _______________________________________________ City/Town/County #: ______________________________________ 3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2), ______________________________________________________ ______________________________________________________ (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The ___________________________________ at a ________________________________ meeting held on the __________________ of (Governing body) (Regular or special) (Day) _____________________, ____________ considered the application of _______________________________________________________ (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application ______________________________________________, (Arizona liquor license application #) for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________ (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for _____________________________________________________. (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) ____________________________________________ ___________________________________________ (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Marana Town Council Regular Meeting 08/03/2021 Page 252 of 402 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4 -206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 li cense may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on - & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provide d for the bar. Payment must be made no later than the time of delivery. Marana Town Council Regular Meeting 08/03/2021 Page 253 of 402 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, thi s liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from th e premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (li quor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its regi stered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Town Council Regular Meeting 08/03/2021 Page 254 of 402 Council-Regular Meeting A1 Meeting Date:08/03/2021 To:Mayor and Council From:Brian Varney, Senior Planner Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2021.011: Relating to Development, approving a rezoning of approximately 38 acres of land located east of Twin Peaks Road, south of Tangerine Road, and west of Camino de Manana from R-36 (Residential) to R-7 (Residential) (Brian D. Varney) Discussion: Request Paradigm Land Design, LLC is requesting a recommendation to the Marana Town Council for approval to rezone approximately 38 acres of land from R-36 (Residential) to R-7 (Residential). Marana General Plan The 2040 Marana General Plan designates the proposed rezoning area with the land use category of Low Density Residential (LDR). The LDR land use category is typically characterized by residential densities between one (1) du/ac (dwelling unit per acre) and two (2) du/ac supporting residential development with an open, semi-rural character. Surrounding Land Use and Site Characteristics The rezoning area is bordered on the north by R-36 (Residential) zoned land consisting of one single-family residence and vacant, undeveloped land. Twin Peaks Road is adjacent to the rezoning area on the west, beyond which lies undeveloped R-36 zoned land. Southwest of the rezoning area, across Twin Peaks Road, is the Twin Peaks Vista Specific Plan that allows up to 58 lots at a minimum lot size of 6,000 square feet, and is currently in the platting process. The rezoning area is bound on the east and the south by Camino de Manana and beyond that are two subdivisions, the undeveloped Twin Peaks Estates zoned R-6 (Residential) that allows up to 82 homes, and the Preserve at Twin Peaks Specific Plan. The Preserve at Twin Peaks was recently platted and Lennar homes are currently under construction. The subdivision contains 190 lots ranging in size from 7,035 square feet to 12,899 square feet. The topography of the proposed rezoning area is characterized by relatively flat terrain with an average overall slope of approximately 2.3% from the northeast to the southwest. Watershed boundaries and Marana Town Council Regular Meeting 08/03/2021 Page 255 of 402 divides, both off-site and on-site, are difficult to delineate; however, it is clear that the site is impacted by sheet flooding. Town staff will require the submittal of a drainage study and will evaluate all on-site and off-site drainage in greater detail during the review of a preliminary plat. All appropriate drainage infrastructure will be required to be constructed by the developer. Proposed Land Use The Preliminary Development Plan for Twin Peaks 38 rezoning area proposes 76 single-family residential lots on approximately 38 acres with a resulting density of 2.0 du/ac (dwelling units per acre). The minimum lot size proposed is 7,000 square feet (56' x 125'). The proposed lot layout is designed to accommodate the natural drainage on the site as well as existing wildlife crossings and to avoid disturbance in and around those areas. The proposed bufferyards around the perimeter of the project meet or exceed what is required by Town standards. Particular attention has been given to the R-36 zoned property north of the rezoning area with a 40' wide landscaped buffer. In accordance with the Twin Peaks Corridor Study, lots immediately facing Twin Peaks Road are proposed to be restricted to single-story construction. All residential construction within the development will be subject to the Town of Marana Residential Design Standards. The land use mixture proposed with this project entails approximately 24.27 acres of disturbance attributed to lots and related infrastructure, a minimum of 13.35 acres designated as common area / open space, and .53 acres designated as recreation / park area. Minimal disturbance will be necessary for installation of some of the utility infrastructure; however, open space areas disturbed for this purpose are proposed to be re-landscaped with native vegetation. A recreation area of approximately .53 acres in size is proposed which meets the Town's subdivision recreational area requirements. Additionally, a network of natural earth paths forming an internal trail system is proposed providing pedestrian connectivity between the recreation area and other developed areas within the project. The recreational component of the project will be designed during the platting stage in accordance with the Subdivision Recreational Area Design Manual. In accordance with the Twin Peaks Corridor Study, an asphalt shared-use path will be constructed along this project's entire frontage on Camino de Manana and will tie into the larger network that runs along Twin Peaks Road. A six-foot tall wildlife fence was constructed along the west boundary of the rezoning area designed to protect wildlife from interacting with traffic on Twin Peaks Road. The fencing will be maintained to serve this important function. Additionally, there is a mule deer crossing at the northwest corner of the site that serves as a link within a wildlife corridor. The applicant has worked with Town environmental staff in designing the site to be sensitive to and avoid disturbance in this area. At the recommendation of the Arizona Game and Fish Department, Town staff has required a buffer measuring a minimum of 160 feet around this crossing, and has required similar buffers where significant open space and wash preservation areas adjacent to Twin Peaks Road. Access and Circulation Access is proposed off of both Twin Peaks Road and Camino de Manana. Two points of access are proposed off of Twin Peaks, and a single point access is provided off of Camino de Manana. Gated emergency access is proposed off of Camino de Manana into a cul-de-sac near the northeast corner of the site. The street layout has been designed to preclude cut-through traffic between Twin Peaks Road and Camino de Manana. Access points are aligned with median breaks on Twin Peaks where possible. Internal streets are proposed to be public and constructed within a 46' right-of-way. A Traffic Impact Statement for this project has been reviewed and approved by the Marana Traffic Engineering Division. All roadway improvements will be designed and constructed in accordance with Town standards and will be considered further during the platting process. Twin Peaks Road lies within a 150' right-of-way, and Camino de Manana lies within a 60' right-of-way. Additional right-of-way dedication is not anticipated. Utilities Marana Town Council Regular Meeting 08/03/2021 Page 256 of 402 Utilities The rezoning area is located within the Town of Marana water service area and the water supply has been assured. A proposed plan identifying water use, fire flow requirements, and all on-site and off-site water facilities will be required. A water service agreement and all necessary on-site and off-site water infrastructure will be required to be constructed by the property owner / developer at time of development. Sewer service will be provided to the future development by Pima County Regional Wastewater Reclamation Department. It is not anticipated that construction of any additional off-site sewer infrastructure wil be necessary. The rezoning area lies within the service areas of Golder Ranch Fire District, TRICO Electric, Southwest Gas, Century Link and Comcast. Citizen Participation The applicants held an online virtual neighborhood meeting on November 2, 2020 to introduce the proposed rezoning to the nearby property owners. All property owners within 300 feet of the rezoning area were notified. There were no attendees at the meeting. Public Notification This public hearing was appropriately noticed in The Daily Territorial, and all property owners within 300 feet of the boundary of the rezoning area were noticed by United States mail of the date, time, and topic of the public hearing. Additional notice was posted at various locations within the community. Recommended Findings of Fact The property is currently zoned R-36 (Residential). The proposed change in zoning to R-7 (Residential) is supported by the Low Density Residential (LDR) land use category of the Marana General Plan. 1. With the acceptance of the recommended conditions, the proposed rezoning is in compliance with all other development standards of the Marana Land Development Code and Marana Town Code related to the proposed zoning classification. 2. The proposed rezoning, with acceptance of the recommended conditions, does not appear to be detrimental to the immediate area or to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. 3. Case Analysis Review Criteria Pursuant to Town Code section 17-3-1(D), the Planning Commission and Town Council shall consider the following questions, at a minimum, in reviewing an application for rezoning: Any change of character in the area due to installation of public facilities, other zone changes, new growth trends, deterioration, and development; 1. Based upon the requirements and conditions, the rezoning amendment does not appear to be detrimental to the character of the area due to installation of public facilities or any other rezoning changes. The degree to which the proposed zoning will benefit the community; whether there will be benefits derived by the community, or area, by granting the proposed rezoning; 2. With the acceptance of the recommended conditions, this rezoning will benefit the community by extending public services and trails and providing additional residential options. Whether the proposed rezoning is compatible with the surrounding area or whether there will be adverse impacts on the capacity or safety of the portion of street network influenced by the rezoning, parking problems, or environmental impacts that the new use will generate such an excessive storm runoff, water, air, or noise pollution, excessive nighttime lighting, or other nuisances; 3. Marana Town Council Regular Meeting 08/03/2021 Page 257 of 402 Based on the recommended requirements and conditions, the rezoning amendment is compatible with the surrounding area and does not appear to be adversely impact the adjacent street network or generate such excessive storm runoff, water, air, or noise pollution, excessive nighttime lighting, or other nuisances Whether the proposal conforms with and is in furtherance of the implementation of the goals and policies of the general plan, other adopted plans, and the goals, objectives and policies of the land development code, and other town regulations and guidelines, including goals and policies relating to economic development; 4. The rezoning amendment conforms with the goals and policies of the general plan, the land development code, and other town regulations and guidelines. The zoning districts and existing land uses of the surrounding properties;5. Based on the recommended requirements and conditions, the rezoning amendment is compatible with the surrounding properties zoning and existing land use. Whether the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development; 6. With the acceptance of the recommended conditions, the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development Whether the existing and proposed utility infrastructure, public facilities, and public services are suitable and adequate to serve the proposed rezoning area; 7. Based upon the rezoning requirements and conditions, there is adequate utility infrastructure, public facilities, and public services in the area to serve the proposed rezoning area Whether the subject property is suitable for the uses to which it has been restricted under the existing zoning classification; 8. Based upon the rezoning requirements and conditions, the subject property is suitable for the proposed uses. Whether the rezoning is compatible with the adjacent neighborhood, especially residential neighborhood stability and character; 9. Based upon the rezoning requirements and conditions, this rezoning amendment is compatible with the adjacent neighborhood in area stability and character; If applicable, the length of time the subject property has remained vacant as zoned:10. The subject property has remained vacant since annexation in to the Town. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs: 11. Based upon the rezoning amendment subject area location, there is an adequate supply of land available in the area and the surrounding community to accommodate the zoning and community needs. Marana Town Council Regular Meeting 08/03/2021 Page 258 of 402 Staff Recommendation: Staff recommends adoption of Ordinance No. 2021.011, approving the Twin Peaks 38 Rezoning based upon the recommended findings and subject to the conditions set forth in the draft ordinance included with these agenda materials. Planning Commission Recommendation: The proposed rezoning was scheduled to be considered at a public hearing before the Planning Commission on July 28, 2021. The meeting had not yet taken place prior to the finalization of the agenda materials for this item before the Town Council. The results of the Planning Commission's consideration and recommendation will be provided to the Town Council prior to the Council rendering a decision on this request. Suggested Motion: I move to adopt Ordinance No. 2021.011, approving the Twin Peaks 38 Rezoning, subject to the recommended conditions. Attachments Ordinance 2010.011 Exhibit A to Ordinance - Legal Description PCZ2011-002 Twin Peaks 38 Map PCZ2011-002 Twin Peaks 38 App PCZ2011-002 Twin Peaks 38 Site Analysis Marana Town Council Regular Meeting 08/03/2021 Page 259 of 402 Ordinance No. 202 1.011 - 1 - MARANA ORDINANCE NO. 20 20.011 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 38 ACRES OF LAND LOCATED EAST OF TWIN PEAKS R OAD, SOUTH OF TANGERINE ROAD, AND WEST OF CAMINO DE MANANA FROM R -36 (RESIDENTIAL) TO R-7 (RESIDENTIAL) WHEREAS David L. Lam, a married man as his sole and separate property as to Parcels 1, 3, 4, 6, 7, 8, and 9; David Lam and Hon Lam, husband and wife as joint tenants with right of survivorship as to Parcel 2; and William C. Mac Morran as to Parcel 10 (collectively the “Property Owners”) own a total of approximately 38 acres of land located east of Twin Peaks Road, south of Tangerine Road, and west of Camino de Manana within Section 12, Township 12 South, and Range 12 East, described and depicted on Exhibit “A” attached to and incorporated in this ordinance by this reference (the “Rezoning Area”); and WHEREAS the Property Owners have authorized Paradigm Land Design, LLC to submit an application to rezone the Rezoning Area from R-36 (Residential) to R -7 (Residential) (“this Rezoning”); and WHEREAS the Marana Planning Commission held a public hearing to consider this Rezoning on July 28, 2021 and voted _____ to recommend that the Town Council approve this Rezoning subject to the recommended conditions; and WHEREAS the Marana Mayor and Town Council held a public hearing to consider this Rezoning on August 3, 2021 and determined that this Rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of the Rezoning Area is hereby changed from R -36 (Residential) to R-7 (Residential). Section 2. This Rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this Rezoning), and which shall be binding on the Property Owners and their successors in interest (all of whom are collectively included in the term “Property Owner s” in the following conditions): 1. Compliance with all applicable provisions of the Town’s codes and ordinances current at the time of any subsequent development includ ing, but not limited to, Marana Town Council Regular Meeting 08/03/2021 Page 260 of 402 Ordinance No. 202 1.011 - 2 - requirements for public improvements and payment of application fees and applicable development impact fees . 2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in general conformance with the Preliminary Development Plan presented to and approved by the Town Council as part of this Rezoning. 3. A master drainage study must be submitted by the Property Owner s and accepted by the Town Engineer prior to Town approval of a preliminary plat or development plan for any portion of the Rezoning Area. 4. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners and accepted by Marana Water Department (the “water provider”) prior to approval of a preliminary plat or development plan for any portion of the Rezoning Area. The WIP shall identify all on-site and off-site water facilities needed to serve the proposed development. The WIP shall include all information required by the water provider, such as (but not limited to) analysis of water use and fire flow requirements, and well source, reservoir, and booster station infrastructure needed to serve the proposed de velopment. If the water provider requires a water service agreement as a condition of service to the proposed development, t he Property Owners must enter into a water service agreement with the water provider consistent with the accepted WIP. 5. A master sewe r plan must be submitted by the Property Owners and accepted by Pima County Regional Wastewater Reclamation Department (the “wastewater utility”) prior to the approval of any final plat or development plan for the Rezoning Area. The master sewer plan shall identify all on -site and off-site wastewater facilities needed to serve the proposed development, and shall include all information required by the wastewater utility . If the wastewater utility requires a sewer service agreement as a condition of service to the proposed development, the Property Owner s must enter into a sewer service agreement with the wastewater utility consistent with the accepte d master sewer plan. 6. The Property Owners must design and construct any roadway, drainage, water, and wastewater improvements , and dedicate or acquire any property rights associated with those improvements, that the Town requires based on the data and findi ngs of the accepted traffic impact analysis , the accepted master drainage study, the accepted WIP, the accepted master sewer plan, and other studies approved in connection with the approval of a preliminary plat or development plan for any portion of the Rezoning Area. 7. The final design of all streets and circu lation facilities, including gated access (if applicable) must be accepted by the Golder Ranch Fire District prior to Town Council consideration of a final plat for any portion of the Rezoning Area. 8. The maximum number of residential lots within the R ezoning Area shall not exceed 76. Marana Town Council Regular Meeting 08/03/2021 Page 261 of 402 Ordinance No. 202 1.011 - 3 - 9. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relie ves the Property Owners from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. iThe Property Owners should retain appropriate experts and consult appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 10. The Property Owners shall transfer to the water provider, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type II is needed on the Rezoning Area, the water provider and the Property Owners shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. 11. Prior to the issuance of any grading permits, the Property Owner s shall submit evidence to the Town that all federal permit requirements have been met through the Corps of Engineers and the State Historic Preservation Office, if federal permits are required for the development of the Rezoning Area. 12. A 100% clearance survey for the desert tor toise shall be completed by a qualified biologist at the Property Owner's expense prior to issuance of any grading permits. If a desert tortoise is found during the survey or at any time during construction, the Property Owners shall immediately notify the AZGFD, and the tortoise shall be moved in accordance with the most current AZGFD Tortoise Handling Guidelines at the Property Owner’s expense. 13. The Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. 14. The following lots shall be limited to one -story construction: Lots 1-3; 47; 48; and 71- 73. 15. Final approval of a Traffic Impact Analysis or Traffic Impact Statement must be issued by the Marana Traffic Engineering Division. Section 3. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance . Marana Town Council Regular Meeting 08/03/2021 Page 262 of 402 Ordinance No. 202 1.011 - 4 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 263 of 402 Order No. 20000022-020-BOR-PK3 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 3 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: A portion of the Northwest quarter of the Northwest quarter and a portion of the Southwest quarter of the Northwest quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at the Northwest corner of said Section 12, said point being marked by a 3 inch open iron pipe with a 60D nail in the center; THENCE South 00° 01' 51" West along the West line of the Northwest quarter of said Section 12, a distance of 659.13 feet to an aluminum capped pin marked RLS 1052; THENCE North 89° 59' 43" East, a distance of 75.00 feet to a point; THENCE South 00° 03'20" West, along a line that is parallel with and 75 feet East of the West line of said Northwest quarter, a distance of 350.39 feet to a point; THENCE North 89° 59' 43" East, a distance of 662.16 feet to the POINT OF BEGINNING; THENCE continue North 89° 59' 43" East, a distance of 472.69 feet to a point on the Westerly right-of-way line of K1 Camino de Manana; THENCE on the Westerly right-of-way line of El Camino de Manana, along the arc of a curve concave to the left, having a radius of 1940.10 feet and subtended by a central angle of 07° 46° 50", a radial bearing of South 60° 43' 38" East, an arc length of 263.46 feet to the point of tangency; THENCE South 21° 29' 32" West, along said Westerly right-of-way line, distance of 196.53 feet to a point; THENCE South 89° 57' 55" West, a distance of 288.26 feet to a point; THENCE North 00° 03' 24" East, a distance of 420.85 feet to the POINT OF BEGINNING; EXCEPT all coal and other minerals as reserved in the Patent from the United States of America. (jv arb 211) PARCEL 2: A portion of the Northwest Quarter and a portion of the Southwest Quarter of the Northwest Quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: Marana Town Council Regular Meeting 08/03/2021 Page 264 of 402 Order No. 20000022-020-BOR-PK3 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 4 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commencing at the Northwest corner of said Section 12, said point being marked by a 3 inch iron pipe with a 60D nail in the center; Thence South 00 degrees, 01 minutes, 51 seconds West, along the West line of the Northwest Quarter of said Section 12, a distance of 659.13 feet to an aluminum capped pin marked RLS 1052; Thence North 89 degrees, 59 minutes, 43 seconds East, a distance of 75.00 feet to a point; Thence South 00 degrees, 03 minutes, 20 seconds West, along a line that is parallel with and 75 feet East of the West line of said Northwest Quarter, a distance of 350.39 feet to the Point of Beginning; Thence North 89 degrees, 59 minutes, 43 seconds East, a distance of 331.01 feet to a point; Thence South 00 degrees, 03 minutes, 24 seconds West, a distance of 421.02 feet to a point; Thence South 89 degrees, 57 minutes, 55 seconds West, a distance of 331.01 feet to a point which is 75 feet East of the West line of the Northwest Quarter of said Section 12; Thence North 00 degrees, 02 minutes, 50 seconds East, along a line parallel to and 75 feet East of said West line, a distance of 111.99 feet to a point; Thence North 00 degrees, 03 minutes, 20 seconds East, along said parallel line, a distance of 309.14 feet to the Point of Beginning. (jv arb - 217) PARCEL 3: A portion of the Northwest quarter and a portion of the Southwest quarter of the Northwest quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona , more particularly described as follows: Commencing at the Northwest corner of said Section 12, said point being marked by a 3 inch open iron pipe with a 60D nail in the center; Thence South 00°01'51" West, along the West line of the Northwest quarter of said Section 12, a distance of 659.13 feet to an aluminum capped pin marked RLS 1052; Thence North East, a distance of 75.00 feet to a point; Thence South 00°03'20" West, along a line that is parallel with and 75 feet East of the West line of said Northwest quarter, a distance of 350.39 feet to a point; Thence North 89°59'43" East, a distance of 331.01 feet to the POINT OF BEGINNING ; Thence North 89°59'43" East, a distance of 331.15 feet to a point; Thence South 00°03'24" West, a distance of 420.85 feet to a point; Marana Town Council Regular Meeting 08/03/2021 Page 265 of 402 Order No. 20000022-020-BOR-PK3 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 5 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Thence South 89°57'55" West, a distance of 331.15 feet to a point; Thence North 00°03'24" East, a distance of 421.02 feet to the POINT OF BEGINNING . Jy arb: 218 PARCEL 3A: An easement for ingress, egress and utilities in, over and upon the South 15 feet of the following described property: A portion of the Northwest quarter and a portion of the Southwest quarter of the Northwest quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona , more particularly described as follows: Commencing at the Northwest corner of said Section 12, said point being marked by a 3 inch open from pipe with a 60D nail in the center; Thence South 00°01' 51" West, along the West line of the Northwest quarter of said Section 12, a distance of 659.13 feet to an aluminum capped pin marked RLS 1052; Thence North East, a distance of 75.00 feet to a point; Thence South 00°03'20" West, along a line that is parallel with and 75 feet East of the West line of said Northwest quarter a distance of 350.39 feet to a point; Thence North 89°59'43" East, a distance of 662.16 feet to the POINT OF BEGINNING ; Thence continue North 89°59'43" East, a distance of 472.69 feet to a point on the Westerly right of way line of El Camino de Manana; Thence on the Westerly right of way line of El Camino de Manana, along the arc of a curve concave to the left, having a radius of 1940.10 feet and subtended by a central angle of 07°46'50", and a radial bearing of South 60°43'38" East, an arc length of 263.46 feet to the point of tangency; Thence South 21°29'32" West, along said Westerly right of way line, a distance of 196.53 feet to a point; Thence South 89°57'55" West, a distance of 288.26 feet to a point; Thence North 00°03'24" East, a distance of 420.85 feet to the POINT OF BEGINNING . PARCEL 4: A portion of the Northwest Quarter of the Northwest Quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: Commencing at the Northwest corner of said Section 12; Marana Town Council Regular Meeting 08/03/2021 Page 266 of 402 Order No. 20000022-020-BOR-PK3 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 6 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Thence South 00° 01' 51" West along the West line of the Northwest Quarter of said Section 12, a distance of 659.13 feet; Thence North 89° 59' 43" East, a distance of 75.00 feet to the East right-of-way line of Dove Mountain Road; Thence continue North 89° 59' 43" East, a distance of 621.61 feet to the POINT OF BEGINNING; Thence continue North 89° 59' 43" East, a distance of 733.07 feet to a point on the Westerly right-of-way line of El Camino De Manana; Thence South 32° 34' 54" West, along said Westerly right-of-way line, a distance of 315.64 feet to a point of curvature; Thence on the Westerly right-of-way line of El Camino De Manana, along the arc of a curve concave to the left, having a radius of 1940.10 feet and subtended by a central angle of 02° 54° 04" an arc length of 98.24 feet to a point; Thence South 89° 59' 43" West, a distance of 513.25 feet to a point; Thence North 00° 03' 20" East, a distance of 350.39 feet to the POINT OF BEGINNING; EXCEPT all coal and other minerals as reserved in the Patent from the United States of America. (jv pt arb 187) PARCEL 5: A portion of the Northwest Quarter of the Northwest Quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: Commencing at the Northwest corner of said Section 12; Thence South 00° 01' 51" West along the West line of the Northwest Quarter of said Section 12, a distance of 659.13 feet to a point; Thence North 89° 59' 43" East, a distance of 75.00 feet to a point of the Kast right-of-way line of Dove Mountain Road and the POINT OF BEGINNING; . Thence continue North 39° 59' 43" East, a distance of 621.61 feet to a point; Thence South 00° 03' 20" West, a distance of 350.39 feet to a point; Thence South 89° 59' 43" West, a distance of 621.51 feet to a point on the East right-of-way line of Dove Mountain Road; Thence North 00° 03' 20" East along said East right-of-way line, a distance of 350.39 feet to the POINT OF BEGINNING; EXCEPT all coal and other minerals as reserved in the Patent from the United States of America. Marana Town Council Regular Meeting 08/03/2021 Page 267 of 402 Order No. 20000022-020-BOR-PK3 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 7 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. (jv pt arb 187) PARCEL 6: A portion of the Southwest quarter of the Northwest quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at the West quarter corner of said Section 12, said point being marked by a 2 inch capped pipe; THENCE North 00° 02' 47" East along the West line of the Northwest quarter of said Section 12, a distance of 659.50 feet to an aluminum capped pin marked RLS 1052; THENCE North 89° 57' 41" East, a distance of 75.00 feet to the POINT OF BEGINNING; THENCE North 00° 02'50" East, along a line parallel with and 75 feet East of the West line of the Northwest quarter of said Section 12, a distance of 520.19 feet to a point; THENCE North 89° 57' 41" East, a distance of 939.61 feet to a point on the Westerly right-of-way line of El Camino de Manana; THENCE South 21° 29' 32" West along said Westerly right-of-way line, a distance of 559.21 feet to a point; THENCE South 89° 57' 41" West, a distance of 735.16 feet to the POINT OF BEGINNING; EXCEPT all coal and other minerals as reserved in the Patent from the United States of America. (jv arb 189) PARCEL 7: A portion of the Southwest quarter of the Northwest quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at the West quarter corner of said Section 12, said point being marked by a 2 inch capped pipe; THENCE North 89° 57' 11" East, a distance of 75.00 feet to a point; THENCE North 00° 02' 47" East along a line parallel with and 75 feet East of the West line of the Northwest quarter of said Section 12, a distance of 238.04 feet to the POINT OF BEGINNING; THENCE continue North 00° 02' 47" East, along said parallel line, a distance of 401.45 feet to a point; THENCE North 89° 57' 41" East, a distance of 325.54 feet to a point; THENCE South 00° 02' 47" West, a distance of 401.40 feet to a point; THENCE South 89° 57' 11" West, a distance of 325.52 feet to the POINT OF BEGINNING; Marana Town Council Regular Meeting 08/03/2021 Page 268 of 402 Order No. 20000022-020-BOR-PK3 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 8 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. EXCEPT all coal and other minerals as reserved in the Patent from the United States of America. (jv arb 200) Parcel 7B: A 20 foot wide easement for ingress, egress and utilities over the following described property: A portion of the Southwest quarter of the Northwest quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: A strip of land 20 feet wide, lying 10 feet to each side of the centerline described as follows: COMMENCING at the West quarter corner of said Section 12, said point being marked by a 2 inch capped pipe; THENCE North 89° 57' 11" East, a distance of 550.98 feet to a point on the Westerly right-of-way line of El Camino de Manana; THENCE North 21° 29' 32" East, along said Westerly right-of-way line, a distance of 277.41 feet to the POINT OF BEGINNING; THENCE South 89° 57' 11" West, a distance of 251.86 feet to the POINT OF TERMINUS; The edges of said easement are to be lengthened or shortened to meet property lines. PARCEL 8: A portion of the Southwest Quarter of the Northwest Quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at the West Quarter corner of said Section 12, said point being marked by a 2 inch capped pipe; THENCE North 89 degrees 57 minutes 11 seconds East, a distance of 75.00 feet to a point; THENCE North 00 degrees 02 minutes 47 seconds East, along a line parallel with and 75 feet East of the West line of the Northwest Quarter of said Section 12, a distance of 659.49 feet to a point; THENCE North 89 degrees 57 minutes 41 seconds East, a distance of 325.54 feet to the POINT OF BEGINNING; THENCE continue North 89 degrees 57 minutes 41 seconds East, a distance of 409.62 feet to a point on the Westerly right of way line of El Camino De La Manana; THENCE South 21 degrees 29 minutes 32 seconds West, along said Westerly right of way line, a distance of 431.48 feet to a point; THENCE South 89 degrees 57 minutes 11 seconds West, a distance of 251.86 feet to a point; Marana Town Council Regular Meeting 08/03/2021 Page 269 of 402 Order No. 20000022-020-BOR-PK3 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 9 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. THENCE North 00 degrees 02 minutes 47 seconds East, a distance of 401.40 feet to the POINT OF BEGINNING. EXCEPT that portion conveyed to the Town of Marana in Docket 13493 at page 2011. (JV Arb: 191) Parcel 8A: A 20 foot easement for ingress egress and utilities lying within the following described property: A portion of the Southwest Quarter of the Northwest Quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: A strip of land 20 feet wide, lying 10 feet to each side of the centerline, described as follows: COMMENCING at the West Quarter corner of said Section 12, said point being marked by a 2 inch capped pipe; Westerly right of way line of El Camino De La Manana; THENCE North 21 degrees 29 minutes 32 seconds East, along said Westerly right of way line, a distance of 277.41 feet to the POINT OF BEGINNING; THENCE South 89 degrees 57 minutes 11 seconds West, a distance of 251.86 feet to the POINT OF TERMINUS. EXCEPT any portion lying within the boundaries of Parcel 1 described herein. The edges of the easement are to be lengthened or shortened to meet property lines. PARCEL 9: A portion of the Southwest Quarter of the Northwest Quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at the West Quarter corner of said Section 12, said point being marked by a 2 inch capped pipe; THENCE North 89 degrees 57 minutes 11 seconds East, a distance of 75.00 feet to the POINT OF BEGINNING; THENCE North 00 degrees 02 minutes 47 seconds East along a line parallel with and 75 feet East of the West line of the Northwest Quarter of said Section 12, a distance of 258.04 feet to a point; THENCE North 89 degrees 57 minutes 41 seconds East, a distance of 577.38 feet to a point on the Westerly right-of-way line of El Camino De La Manana; THENCE along the said Westerly right-of-way line, South 21 degrees 29 minutes 32 seconds West, a distance of 277.41 feet to a point; Marana Town Council Regular Meeting 08/03/2021 Page 270 of 402 Order No. 20000022-020-BOR-PK3 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 10 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. THENCE South 89 degrees 57 minutes 11 seconds West, a distance of 475.98 feet to the POINT OF BEGINNING. EXCEPT that portion conveyed to the Town of Marana in Docket 13493 at page 2001. JV Arb. 192 Parcel 9A: A 20 foot easement for ingress egress and utilities lying within the following described property: A portion of the Southwest Quarter of the Northwest Quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: A strip of land 20 feet wide, lying 10 feet to each side of the centerline, described as follows: COMMENCING at the West Quarter corner of said Section 12, said point being marked by a 2 inch capped pipe; THENCE North 89 degrees 57 minutes 11 seconds East, a distance of 550.98 feet to a point on the Westerly right of way line of El Camino De La Manana; THENCE North 21 degrees 29 minutes 32 seconds East, along said Westerly right of way line, a distance of 277.41 feet to the POINT OF BEGINNING; THENCE South 89 degrees 57 minutes 11 seconds West, a distance of 251.86 feet to the POINT OF TERMINUS. EXCEPT any portion lying within the boundaries of Parcel 1 described herein. The edges of the easement are to be lengthened or shortened to meet property lines. PARCEL 10: The North half of the South half of the Northwest quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona. EXCEPT any portion lying East of the West line of El Camino De Manana as shown on Road Maps recorded in the office of the County Recorder of Pima County, Arizona in Book 2 of Road Maps at page 1, 2 and 3. FURTHER EXCEPT that portion conveyed to the Town of Marana, a body politic, by instrument recorded in Docket 11563 at page 2210, records of Pima County, Arizona. FURTHER EXCEPT that portion conveyed in Docket 12679 at page 208. FURTHER EXCEPT that portion conveyed in Docket 12880 at page 9058. Marana Town Council Regular Meeting 08/03/2021 Page 271 of 402 Order No. 20000022-020-BOR-PK3 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 11 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. FURTHER EXCEPT that portion conveyed in Docket 13040 at page 93. FURTHER EXCEPT that portion conveyed in Docket 13042 at page 2238. JV Arb 241) Marana Town Council Regular Meeting 08/03/2021 Page 272 of 402 © 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 PCZ2011-002 Twin Peaks 38Town of Marana Planning Marana Town Limits Parcel Labels Camino de MananaTangerine Road Twin Peaks Road Lambert LaneTwin Peaks 38Twin Peaks RoadMarana Town Council Regular Meeting 08/03/2021 Page 273 of 402 Development Services / maranaplanning@maranaAZ.gov 11555 West Civic Center Drive / Marana, AZ 85653 Ph (520) 382-2600 / Fax (520) 382-2641 / maranaAZ .gov PROJECT APPLICATION APPLICATION TYPE Annexation Development Plan Development Plan Package General Plan Amendment Rezone Minor Land Division Significant Land Use Change Conditional Use Permit Specific Plan Landscape Plan Native Plant Plan/Exception SWPP Variance Hydraulic Model Sewer Capacity Assurance Sign Program Plat Improvement Plan Report (Type): ______________ Other: ___________________ PROJECT INFORMATION Project Name: Description of Project: Number of Lots: Parcel No.(s): Gross Area (Acres): Project Address: Ref. Project No.: CONTACT INFORMATION Owner: Contact Name: Address: City: State: Zip: Email: Phone No.: Applicant: Contact Name: Address: City: State: Zip: Email: Phone No.: Consultant/Engineer: Contact Name: Address: City: State: Zip: Email: Phone No.: OWNER/APPLICANT AUTHORIZATION I hereby certify that the information set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If applicant is not the owner, attach written authorization from the owner.) Applicant Name (PRINT) Signature Date FOR OFFICIAL USE ONLY Project No.______________________ Date Received____________________ Revision Date 03/29/2019 Marana Town Council Regular Meeting 08/03/2021 Page 274 of 402 TWIN PEAKS 38 REZONING SITE ANALYSIS (PCZ2011-002) PREPARED BY: CONTACT: PAUL OLAND GPO@PARADIGMLAND.US (520) 664-4304 IN COLLABORATION WITH: JULY 2021 Marana Town Council Regular Meeting 08/03/2021 Page 275 of 402 PARADIGM #20BEA01 G:\Projects\20be Twin Peaks & Cmo de Manana NEC\a01\0230\Site Analysis\TPCDM Site Analysis (3rd Submittal).docx Marana Town Council Regular Meeting 08/03/2021 Page 276 of 402 Twin Peaks 38 Rezoning Site Analysis Table of Contents i TABLE OF CONTENTS I. Introduction .......................................................................................................................... 5 A. Project Overview ..................................................................................................................................... 5 B. Primary Objectives .................................................................................................................................. 5 II. Inventory & Analysis .............................................................................................................. 6 A. Existing Land Uses ................................................................................................................................... 6 1. Site Location ........................................................................................................................................................ 6 2. Existing Land Uses, Onsite Zoning & General Plan ............................................................................................... 6 3. Existing Adjacent Zoning and Land Uses .............................................................................................................. 7 Exhibit II-A-1: Site Location Map ................................................................................................................................. 9 Exhibit II-A-2: Existing Land Uses .............................................................................................................................. 10 Exhibit II-A-3: Existing General Plan Land Uses ......................................................................................................... 11 Exhibit II-A-4: Existing Zoning ................................................................................................................................... 12 B. Topography and Slope ........................................................................................................................... 13 1. Topographic Characteristics .............................................................................................................................. 13 2. Pre-Development Slope ..................................................................................................................................... 13 Exhibit II-B-1: Topography & Slope ........................................................................................................................... 14 C. Hydrology .............................................................................................................................................. 15 1. Off-site Features Affecting Site .......................................................................................................................... 15 2. Acreage of Upstream Offsite Watersheds ......................................................................................................... 15 3. On-site Hydrology Characteristics ...................................................................................................................... 16 4. Existing Drainage Conditions along the Downstream Property Boundary ......................................................... 16 Exhibit II-C-1: Onsite & Offsite Hydrology ................................................................................................................. 17 Exhibit II-C-2: Effective FEMA Floodplain Map .......................................................................................................... 19 D. Vegetation ............................................................................................................................................ 20 1. On-site Vegetative Communities ....................................................................................................................... 20 2. Significant, Threatened, or Endangered Flora ................................................................................................... 20 3. Vegetative Densities .......................................................................................................................................... 20 Exhibit II-D-1: Vegetation.......................................................................................................................................... 21 E. Wildlife ................................................................................................................................................. 22 Exhibit II-E-1: AZGFD Report ..................................................................................................................................... 23 Marana Town Council Regular Meeting 08/03/2021 Page 277 of 402 Twin Peaks 38 Rezoning Site Analysis Table of Contents ii F. Soils and Geology .................................................................................................................................. 36 1. Soils .................................................................................................................................................................... 36 2. Geology .............................................................................................................................................................. 36 Exhibit II-F-1: Hydrologic Soils .................................................................................................................................. 37 G. Viewsheds ............................................................................................................................................. 38 1. Viewsheds from Adjacent Properties ................................................................................................................. 38 2. Views which may be Blocked by the Proposed Development ........................................................................... 38 3. Site Visibility ....................................................................................................................................................... 38 Exhibit II-G-1: Viewsheds .......................................................................................................................................... 39 Exhibit II-G-2: Viewshed Photographs....................................................................................................................... 40 H. Traffic.................................................................................................................................................... 46 1. Existing / Proposed Offsite Streets between the Development and Nearest Arterial Streets ........................... 46 Exhibit II-H-1: Roadway Network ............................................................................................................................. 47 I. Recreation and Trails ............................................................................................................................. 48 Exhibit II-I-1: Trails, Parks & Recreation .................................................................................................................... 49 J. Cultural, Archaeological, and Historic Resources .................................................................................... 50 1. Onsite Resources ............................................................................................................................................... 50 2. Archaeological Records ...................................................................................................................................... 50 Exhibit II-J-1: ASM Archaeological Records Check ..................................................................................................... 51 K. Existing Infrastructure and Public Facilities ............................................................................................ 53 1. Sewer ................................................................................................................................................................. 53 2. Water ................................................................................................................................................................. 53 3. Natural Gas ........................................................................................................................................................ 53 4. Electric ............................................................................................................................................................... 53 5. Fire Service......................................................................................................................................................... 53 6. Police Service ..................................................................................................................................................... 53 Exhibit II-K-1: Existing Wells & Septic Systems .......................................................................................................... 54 L. Exhibit II-L-1: McHarg Composite Map ................................................................................................... 55 Marana Town Council Regular Meeting 08/03/2021 Page 278 of 402 Twin Peaks 38 Rezoning Site Analysis Table of Contents iii III. Land Use Proposal ................................................................................................................56 A. Purpose & Intent ................................................................................................................................... 56 B. Relationship to Town of Marana Adopted Plans ..................................................................................... 56 C. Compatibility to Adjoining Development ............................................................................................... 56 D. Land Use Proposal ................................................................................................................................. 57 Exhibit III-D-1: Proposed Zoning ............................................................................................................................... 58 Exhibit III-D-2: Preliminary Development Plan (PDP) ................................................................................................ 59 E. Grading Concept ................................................................................................................................... 60 F. Post-Development Hydrology ................................................................................................................ 60 Exhibit III-F-1: Post-Development Hydrology ............................................................................................................ 61 G. Vegetation & Landscaping ..................................................................................................................... 62 Exhibit III-G-3: Bufferyards ........................................................................................................................................ 63 H. Wildlife ................................................................................................................................................. 64 I. Viewsheds ............................................................................................................................................. 64 J. Traffic.................................................................................................................................................... 64 K. Public Utilities ....................................................................................................................................... 65 1. Water ................................................................................................................................................................. 65 2. Sewer ................................................................................................................................................................. 65 3. Electric ............................................................................................................................................................... 65 4. Natural Gas ........................................................................................................................................................ 65 5. Telecommunications .......................................................................................................................................... 65 Exhibit III-K-1: Sewer Capacity Letter ........................................................................................................................ 66 L. Public Service Impacts ........................................................................................................................... 67 1. Police ................................................................................................................................................................. 67 2. Fire ..................................................................................................................................................................... 67 3. Trash & Recycling ............................................................................................................................................... 67 4. Schools ............................................................................................................................................................... 67 5. Parks .................................................................................................................................................................. 67 Exhibit III-L-1: School District Letter .......................................................................................................................... 68 M. Recreation & Trails ................................................................................................................................ 69 N. Cultural, Archaeological & Historic Resources ........................................................................................ 69 Marana Town Council Regular Meeting 08/03/2021 Page 279 of 402 Twin Peaks 38 Rezoning Site Analysis Table of Contents iv (This page intentionally blank) Marana Town Council Regular Meeting 08/03/2021 Page 280 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 5 I. INTRODUCTION A. PROJECT OVERVIEW The Twin Peaks & Camino de Mañana (“Twin Peaks 38”) project is a proposed residential development consisting of 38± acres located at the northeast corner of the intersection of Twin Peaks Road and Camino de Mañana. Twin Peaks 38 is an assemblage of ten parcels that are proposed to be rezoned to permit a low-density residential subdivision of 76 homes. The site is surrounded by existing residential developments and undeveloped parcels and has direct access to Twin Peaks Road and Camino del Marana. The Make Marana 2040 General Plan’s “Low Density Residential” designation indicates that residential densities of up to two homes per acre are appropriate for the Twin Peaks 38 property, as proposed. In addition, Twin Peaks 38 will be in conformance with Marana’s Twin Peaks Corridor Study. This document has been prepared in support of a request to rezone Twin Peaks 38 from “R-36 Residential” to “R-7 Residential”. Twin Peaks 38 is bounded by Twin Peaks Road to the west, Camino de Mañana to the east, and existing residential and undeveloped parcels to the north. B. PRIMARY OBJECTIVES • Provide much needed high-quality, environmentally sensitive, single-family detached homes for new residents wishing to live in the Town of Marana. Homebuyers continue to exhibit strong demand for new homes in this northwest part of the Tucson metropolitan area. • Clustering homes such that the natural desert beauty can be appreciated by future residents within the development, as well as the surrounding residents. • Construct a residential community that is compatible with both existing and future surrounding land uses. • Fulfill elements of the Town of Marana Strategic Plan by creating meaningful open space, and trail connectivity. In addition to meeting demand for new housing, another argument in support of rezoning is to effectively preserve open space with enforceable restrictions. The proposed development and the natural functionality and beauty of the Sonoran Desert will benefit by clustering housing as proposed. Being bound on two of its three sides by major roads, Twin Peaks 38 will have minimal impact on nearby landowners. Land to the south and east is already zoned and/or under development as residential subdivisions, and land to the west and north is largely undeveloped. Even so, a 40-foot natural desert buffer is proposed along Twin Peaks 38’s northern boundary, which is the only boundary actually shared with nearby landowners. Homes will be restricted to single-story and headlight screening will be provided in the vicinity of the one nearby home, along the norther boundary. Marana Town Council Regular Meeting 08/03/2021 Page 281 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 6 II. INVENTORY & ANALYSIS The purpose of the Inventory & Analysis section of this document is to catalog the various developmental opportunities and constraints impacting the property in order to provide a meaningful and relevant context for the development proposal detailed in Section III of this document. Through careful consideration of these existing conditions a design can be deemed compatible with its surroundings and appropriate for the area. A. EXISTING LAND USES 1. Site Location Twin Peaks 38 consists of ten parcels totaling approximately 38 acres located at the northeast corner of the intersection of Twin Peaks Road and West Camino de Mañana within Section 12, Township 12 South, Range 12 East, Pima County, Arizona. See Exhibit II-A-1: Site Location Map. The Project’s administrative address is 5347 W. Twin Peaks Rd., Marana, AZ 85742. 2. Existing Land Uses, Onsite Zoning & General Plan Twin Peaks 38 is currently undeveloped and vacant. See Exhibit II-A-2: Existing Land Uses. Twin Peaks 38 is currently zoned R-36 (Residential) with a minimum lot size of 36,000 square feet. See Exhibit II-A-4: Existing Zoning. The Make Marana 2040 General Plan designates Twin Peaks 38 as Low Density Residential and is included in the “East Growth Area”. As stated in the General Plan, large areas of significant natural resources have been identified in the Tortolita Fan in northeast Marana that have a range of development constraints. These natural development constraints make residential clustering the preferred approach to responsible development in the area. This project follows these recommendations to build relatively low- density residential cluster development that minimizes disturbance to the more sensitive onsite natural resources. See Exhibit II-A-3: Existing General Plan Land Uses. Marana Town Council Regular Meeting 08/03/2021 Page 282 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 7 3. Existing Adjacent Zoning and Land Uses a. Surrounding Zoning & Land Uses Twin Peaks 38 is surrounded by properties featuring the following zoning designations and land uses. See Exhibit II-A-2: Existing Land Uses and Exhibit II-A-4: Existing Zoning. N: Existing zoning: R-36 Residential Existing land use: Undeveloped NE: Existing zoning: Camino de Mañana & R-36 Residential Existing land use: Residential E: Existing zoning: Camino de Mañana, R-6 Residential & Specific Plan Existing land use: Residential SE: Existing zoning: Camino de Mañana & Specific Plan Existing land use: Residential Under Development S: Existing zoning: Camino de Mañana & R-36 Residential Existing land use: Undeveloped SW: Existing zoning: Twin Peaks Rd. & Specific Plan Existing land use: Undeveloped W: Existing zoning: Twin Peaks Rd. & R-36 Residential Existing land use: Undeveloped NW: Existing zoning: Twin Peaks Rd. & R-36 Residential Existing land use: Undeveloped b. Surrounding Building Heights Nearby structures are a mix of single and two-story. c. Nearby Pending Rezonings There are no pending rezonings within one-quarter mile. d. Nearby Approved Rezonings Twin Peaks Estates (R-6) is immediately east of Twin Peaks 38, across Camino de Mañana. The Twin Peaks Vista Specific Plan is on the opposite corner of Twin Peaks Rd. and Camino de Mañana. Marana Town Council Regular Meeting 08/03/2021 Page 283 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 8 e. Nearby Approved Subdivisions & Development Plans The Preserve at Twin Peaks Specific Plan is southeast of Twin Peaks 38, across Camino de Mañana, and is currently under development. The Twin Peaks & Lambert subdivision (R-6) is approximately one-quarter mile south of Twin Peaks 38. f. Architectural Styles used in Adjacent Properties Architectural styles north and northeast of Twin Peaks 38 are typical of most unplanned development in rural Marana, which is a mix of traditional and contemporary southwest homes. Architectural styles in surrounding subdivisions under construction will be mainly wood frame homes that utilize stucco and stone veneer and have either a flat or gabled tile roof. Residences built within this Project will be subject to the Town of Marana Residential Design Standards, which apply to developments in which any lot is 16,000 square feet or less in size. The Preserve at Twin Peaks Entry, Under Construction Marana Town Council Regular Meeting 08/03/2021 Page 284 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 285 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 286 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 287 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 288 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 13 B. TOPOGRAPHY AND SLOPE 1. Topographic Characteristics The topography of Twin Peaks 38 is characterized by relatively even terrain. The property generally slopes downward from northeast to southwest. Elevations range from approximately 2,460 feet above sea level at the northeast corner to 2,406 feet above sea level at the southwest corner of the property. The site does not contain any hillside conservation areas, rock outcrops, slopes of 15% or greater, or other significant topographic features. See Exhibit II-B-1: Topography & Slope. 2. Pre-Development Slope a. Average Cross-Slope The pre-development average cross-slope of the subject property is approximately 3.5%, according to the following formula: C = Contour Interval L = Length of Topographic Contours A = Acreage of Site (C x L x 0.0023) / A = Average Cross Slope (2’ x 29,120’ x 0.0023) / 38.15 = 3.5% b. Average Overall Slope The pre-development average overall slope is 2.3% from the northeast corner to the southwest corner of the project boundary. Marana Town Council Regular Meeting 08/03/2021 Page 289 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 290 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 15 C. HYDROLOGY This section of the site analysis describes pre-development onsite and offsite hydrologic and hydraulic characteristics. CMG Drainage Engineering, Inc. (CMG) conducted a preliminary drainage assessment for the development site based on the results of recent hydrologic computations using the PC Hydro method. 1. Off-site Features Affecting Site There are no significant offsite features that affect the project site. Upstream floodplain conditions can be defined as sheet flow and watershed divides are difficult to identify in some locations. As such, flows can cross watershed boundaries during higher magnitude storms. Roads and earthen berms may direct or divert flows during small storms but are inconsequential during a 100-year storm event. 2. Acreage of Upstream Offsite Watersheds Exhibit II-C-1: Onsite & Offsite Hydrology shows the boundaries of offsite watersheds that impact Twin Peaks 38. The project is located within a critical basin as defined by the Town of Marana. The upstream watersheds impact the subject property at four concentration points along the north and east property boundaries. These Concentration Points, identified as CP-1, CP-2, CP-3 and CP-4 are labeled numerically on Exhibit II-C-1: Onsite & Offsite Hydrology, and their respective 100-year discharges and watershed acreages are listed in tabular form on the exhibit. There are three concentration points along the downstream boundary labeled as CP-5 through CP-7. Concentration Point Area (Acres) Q100 (CFS) 1 15.7 47.9 2 341.2 958.2 3 1,258.5 2,344.9 4 65.1 137.0 5 (Incl. CP 1) 20.9 66.3 6 (Incl. CP 2) 353.9 995.7 7 (Incl. CP 3) 1,278.7 2,362.7 Marana Town Council Regular Meeting 08/03/2021 Page 291 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 16 3. On-site Hydrology Characteristics There are no well-defined onsite watershed boundaries due to the sheet flow conditions present throughout the area. Areas of sheet flooding are present across the entire project site. Distributary flow patterns are present at several locations within the upstream watersheds. As such, flow patterns and peak discharges may change during future floods. a. 100-year Floodplains with Peak Discharges ≥ 50 CFS All peak discharges entering and exiting the site, as well as their contributing drainage areas have been shown on Exhibit II-C-1: Onsite & Offsite Hydrology. b. Areas of Sheet Flooding and Average Depths Areas of sheet flooding are present across this entire development site. c. Federally mapped floodways and floodplains The effective FEMA floodplain limits and zone designations have been shown on Exhibit II-C-2: Effective FEMA Floodplain Map. The FEMA Flood Insurance Rate Map Panel 04019C1065L shows the property to be in Zone AO1 which indicates average flooding depths of about one foot. The zone also carries an alluvial fan designation. FEMA Zone AO1 covers most of the property, with the southern tip of the property being designated as Zone X. 4. Existing Drainage Conditions along the Downstream Property Boundary Stormwater runoff leaves the site along the west boundary via drainage culverts under Twin Peaks Road. SUBJECT PROPERTY Marana Town Council Regular Meeting 08/03/2021 Page 292 of 402 >FL>FL >FL>FL>FL >FL >FL>FL >FL >FL>FL >FL>FL>FL>FL >FL >FL>FL>FL >FL >FL >FL>FL>FL >FL>FL>FL>FL>FL>FL >FL >FL>FL>FL>FL >FL>FL >FL>FLFL >FL>FL>FL>FL>FL>FL>FL>FL>FL>FL>FL>FL>FL>FL >FL >FL>FL >FL>FL>FL >FL>FL>FL>FL>FL>FL>FL>FL >FL >FL>FL>FL>FL>FL5 6 7 >FL 1 2 34TWIN PEAKS RDDESERT FALCON LN SWEET HAVEN DR CAMINO DE NORTECAMINO DE OESTETANGERINE RD CAMINO DE MANANAPROJECT SITE DRAWN: CHECKED: DESIGN: PROJECT NO.: REV. DATE: REV. DATE: DATE: REV. DATE: 3555 N. Mountain Ave. Tucson, Arizona 85719 Phone (520) 882-4244 Fax (520) 888-1421 Z:\PROJECTS\2020\20-039_Fairfield_Twin_Peaks _Property\CADD\20-039_cmgbase.dwg (Exhibit II-C-1 Onsite & Offsite Hydro pg1) Plotted Nov 09, 2020 at 2:46pm by BrendaEXHIBIT II-C-1: ONSITE & OFFSITE HYDROLOGY TWIN PEAKS & CAMINO DE MANANA SHEET 1 OF 2 20-039 11/09/2020 CMG CMG BJK SCALE: 1" = 0'1000' 1000'MATCH TO SHEET 2LEGEND WATERSHED BOUNDARY 1 CONCENTRATION POINT (CP) PROPERTY BOUNDARY >FL STREAMLINE CP SUMMARY TABLE CP AREA (AC) Q100 (CFS) 1 15.7 47.9 2 341.2 958.2 3 1258.5 2344.9 4 65.1 137.0 5 (Incl. CP-1)20.9 66.3 6 (Incl CP-2)353.9 995.7 7 (Incl CP-3)1278.7 2362.7 Marana Town Council Regular Meeting 08/03/2021 Page 293 of 402 >FL>FL>FL>FL>FL >FL>FL>FL>F L>FL>FL>FL>FL >FL>FL >FL >FL >FL>FL >FL>FL>FL>FL >FL>FL >FL>FL>FL>FL>FL >FL >FL>FL >FL>FL>FL>FL>FL>THORNYDALE RDMOORE RD GECK O CY N T RL SAGUAR O RANC H R D DRAWN: CHECKED: DESIGN: PROJECT NO.: REV. DATE: REV. DATE: DATE: REV. DATE: 3555 N. Mountain Ave. Tucson, Arizona 85719 Phone (520) 882-4244 Fax (520) 888-1421 Z:\PROJECTS\2020\20-039_Fairfield_Twin_Peaks _Property\CADD\20-039_cmgbase.dwg (Exhibit II-C-1 Onsite & Offsite Hydro pg2) Plotted Nov 09, 2020 at 2:37pm by BrendaEXHIBIT II-C-1: ONSITE & OFFSITE HYDROLOGY TWIN PEAKS & CAMINO DE MANANA SHEET 2 OF 2 20-039 11/09/2020 CMG CMG BJK SCALE: 1" = 0'1000' 1000'MATCH TO SHEET 1LEGEND WATERSHED BOUNDARY 1 CONCENTRATION POINT (CP) PROPERTY BOUNDARY >FL STREAMLINE CP SUMMARY TABLE CP AREA (AC) Q100 (CFS) 1 15.7 47.9 2 341.2 958.2 3 1258.5 2344.9 4 65.1 137.0 5 (Incl. CP-1)20.9 66.3 6 (Incl CP-2)353.9 995.7 7 (Incl CP-3)1278.7 2362.7 Marana Town Council Regular Meeting 08/03/2021 Page 294 of 402 © 2020 Microsoft Corporation © 2020 Maxar ©CNES (2020) Distribution Airbus DS PROJECT SITEZONE XZONE A0ZONE A0ZONE XZONE XZONE A0ZONE A0ZONE A0ZONEA0ZONEXZONE XZONEXZONE X ZONE XZONE X ZONE XZON E X ZONE A0ZONE A013555 N. Mountain Ave. Tucson, Arizona 85719Phone (520) 882-4244 Fax (520) 888-1421Z:\PROJECTS\2020\20-039_Fairfield_Twin_Peaks _Property\CADD\20-039_FEMA_FIRMPANEL.dwg (Exhibit II-C-2 Effective FEMA Floodplain Map)EXHIBIT II-C-2:EFFECTIVE FEMAFLOODPLAIN MAP04019C1065LTWIN PEAKS RD & CAMINO DE MANANASCALE: 1" =0'1000'1000'LEGEND1% ANNUAL CHANCE FLOODPLAINBOUNDARYPROPERTY BOUNDARYMarana Town Council Regular Meeting 08/03/2021Page 295 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 20 D. VEGETATION 1. On-site Vegetative Communities Onsite vegetation is typical of the Arizona Upland Sonoran Desert Scrub Biotic Community, Paloverde – Mixed Cacti series. Native species include creosote, mesquite, palo verde, cholla, prickly pear, and saguaro. 2. Significant, Threatened, or Endangered Flora No threatened or endangered flora are known to exist on site. 3. Vegetative Densities Vegetative density of the subject site is approximately 20 percent plant cover. See Exhibit II-D-1: Vegetation. Marana Town Council Regular Meeting 08/03/2021 Page 296 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 297 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 22 E. WILDLIFE The Arizona Game and Fish Department’s online review tool has been consulted, and the Environmental Review report, dated October 4, 2020, indicates that several federally listed species have been known to exist in the vicinity of this development. Any protected species encountered onsite will be handled according to applicable regulatory criteria. See Exhibit II-E-1: AZGFD Report. As part of the widening of Twin Peaks Rd. a 6-foot tall wildlife fence was installed along the western edge of Twin Peaks 38. The bottom 2 feet of the fence is fine mesh to keep small critters from venturing onto Twin Peaks Rd, and the top 4 feet are a more open mesh to control larger wildlife. Below is a picture of the fencing. Wildlife Fencing along Twin Peaks Rd. Marana Town Council Regular Meeting 08/03/2021 Page 298 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 23 Exhibit II-E-1: AZGFD Report Marana Town Council Regular Meeting 08/03/2021 Page 299 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 24 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting 08/03/2021 Page 300 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 25 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting 08/03/2021 Page 301 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 26 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting 08/03/2021 Page 302 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 27 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting 08/03/2021 Page 303 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 28 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting 08/03/2021 Page 304 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 29 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting 08/03/2021 Page 305 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 30 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting 08/03/2021 Page 306 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 31 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting 08/03/2021 Page 307 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 32 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting 08/03/2021 Page 308 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 33 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting 08/03/2021 Page 309 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 34 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting 08/03/2021 Page 310 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 35 Exhibit II-E-1: AZGFD Report (cont’d) Marana Town Council Regular Meeting 08/03/2021 Page 311 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 36 F. SOILS AND GEOLOGY 1. Soils Soils in the vicinity of this development are classified by the U.S. Natural Resources Conservation Service (NRCS) as 100% “Soil Group A” hydrologic soil group (Anthony gravelly sandy loam, 1-3% slopes). This designation is typical of the Tortolita Fan area and is characterized by well-draining sandy soil on the surface, with gravelly soil several feet below. Detailed geotechnical investigation will be performed prior to development. See Exhibit II-F-1: Hydrologic Soils. 2. Geology Twin Peaks 38 lies within the Tortolita Fan area, which falls into the Santa Cruz River basin valley. According to the Arizona Geological Survey’s online Geologic Map of Arizona (data.azgs.az.gov/geologic-map-of-arizona/) the subject property’s geology is described as “Quaternary Surficial deposits, undivided (0-2 Ma): Unconsolidated to strongly consolidated alluvial and eolian deposits. This unit includes coarse, poorly sorted alluvial fan and terrace deposits on middle and upper piedmonts and along large drainages; sand, silt and clay on alluvial plains and playas; and wind-blown sand deposits.” Marana Town Council Regular Meeting 08/03/2021 Page 312 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 313 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 38 G. VIEWSHEDS 1. Viewsheds from Adjacent Properties Primary views from the site are of the Tortolita Mountains to the north, the Tucson Mountains to the southwest, and the Catalina Mountains to the east. Development of Twin Peaks 38 will not block these views for the existing homes in the area. See Exhibit II-G-1: Viewsheds and Exhibit II-G: Viewshed Photographs. 2. Views which may be Blocked by the Proposed Development None. 3. Site Visibility Views into the subject site are somewhat restricted due to existing vegetation and the relatively even and flat nature of the topography that typifies the area. View toward Sombrero Peak from South End of Site Marana Town Council Regular Meeting 08/03/2021 Page 314 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 315 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 40 Exhibit II-G-2: Viewshed Photographs Photo Location #1: Looking Southeast into Site Photo Location #1: Looking Northwest away from Site Marana Town Council Regular Meeting 08/03/2021 Page 316 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 41 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #1: Looking South along Sewer Easement Photo Location #2: Looking East into Site Marana Town Council Regular Meeting 08/03/2021 Page 317 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 42 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #2: Looking West away from Site Photo Location #3: Looking North into Site Marana Town Council Regular Meeting 08/03/2021 Page 318 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 43 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #3: Looking South away from Site Photo Location #4: Looking Northwest into Site Marana Town Council Regular Meeting 08/03/2021 Page 319 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 44 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #4: Looking Southeast away from Site Photo Location #5: Looking Southwest into Site Marana Town Council Regular Meeting 08/03/2021 Page 320 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 45 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #5: Looking East away from Site View toward Sombrero Peak from South End of Site Marana Town Council Regular Meeting 08/03/2021 Page 321 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 46 H. TRAFFIC 1. Existing / Proposed Offsite Streets between the Development and Nearest Arterial Streets None, since the site is adjacent to Twin Peaks Road, which is a regionally significant arterial street. The 2045 P.A.G. Regional Mobility and Accessibility Plan proposes no additional improvements within a mile of Twin Peaks 38, and the existing arterial roadway system has ample capacity to support this project. 2. Nearby Arterial Streets All the traffic generated by this project will be accommodated by Twin Peaks Road and Camino del Mañana. A Traffic Impact Statement has been prepared by M. Esparza Engineering, and submitted to the Town. Roadway Name Planned Right-of-Way Width Exist. Lanes Median Type Speed Limit General Plan Designation Twin Peaks Rd. 150’ 4 Raised 45 mph Arterial Camino de Mañana 60’ 2 None 35 mph None Tangerine Rd. 250’+ 4 Raised 50 mph Arterial Interstate 10 Varies 6 Depressed 75 mph Interstate 3. Nearby Arterial Intersections The only arterial intersection within a mile of the of the site that will carry traffic generated by this development is the signalized intersection of Twin Peaks Road and Tangerine Road. 4. Nearby Bicycle / Pedestrian Ways A natural multi-use path and paved multi-use path are provided alongside Twin Peaks Road and Tangerine Road. Bicycle lanes are provided along Twin Peaks Road and Tangerine Road. Marana Town Council Regular Meeting 08/03/2021 Page 322 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 323 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 48 I. RECREATION AND TRAILS The Tangerine Sky Community Park is just over a mile to the northeast and is easily accessible from Twin Peaks 38 via Camino de Manana. This public park features 3 ramadas with grills, an open space grass area, 2 dog parks, a basketball court, 2 playground areas, restrooms, multi-use walking paths, and access to tangerine road shared use path. The paved multi-use path along Twin Peaks Rd. provides pedestrian connectivity to the Town’s broader trail system. Some subdivisions along Twin Peaks Rd. have been required by the Town to dedicate public trail easements to facilitate access and connectivity to the greater trail network. See Exhibit II-I-1: Trails, Parks & Recreation. Marana Town Council Regular Meeting 08/03/2021 Page 324 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 325 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 50 J. CULTURAL, ARCHAEOLOGICAL, AND HISTORIC RESOURCES 1. Onsite Resources No cultural resources are known to exist on the subject property. If any are found during construction, State and local antiquities laws and protocols will be followed. 2. Archaeological Records An archaeological records check was performed by the Arizona State Museum and is included as Exhibit II-J-1: ASM Archaeological Records Check. Two surveys were noted by the Museum, and neither found any cultural resources onsite. Marana Town Council Regular Meeting 08/03/2021 Page 326 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 51 Exhibit II-J-1: ASM Archaeological Records Check Marana Town Council Regular Meeting 08/03/2021 Page 327 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 52 Exhibit II-J-1: ASM Archaeological Records Check (cont’d) Marana Town Council Regular Meeting 08/03/2021 Page 328 of 402 Twin Peaks 38 Rezoning Site Analysis II. Inventory & Analysis 53 K. EXISTING INFRASTRUCTURE AND PUBLIC FACILITIES 1. Sewer Twin Peaks 38 will connect to the Pima County Regional Wastewater Reclamation Department sewer system in Twin Peaks Road. No septic systems are believed to be within 100 feet of the subject property. See Exhibit II-K-1: Existing Wells & Septic Systems. 2. Water This project is within the Marana Water service area. One private well is believed to exist onsite. See Exhibit II-K-1: Existing Wells & Septic Systems. 3. Natural Gas The property is located within the Southwest Gas service area 4. Electric The property is located within the TRICO Electric service area. 5. Fire Service The property is within the Golder Ranch Fire District 6. Police Service The property is located within the Town of Marana Police service area. Existing Sewer Easement along Western Edge of Site / Twin Peaks Rd. Marana Town Council Regular Meeting 08/03/2021 Page 329 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 330 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 331 of 402 Twin Peaks 38 Rezoning Site Analysis III. Land Use Proposal 56 III. LAND USE PROPOSAL A. PURPOSE & INTENT This section describes how the development responds to the opportunities and constraints described in the Inventory & Analysis section of this document, along with the Town of Marana Land Development Code. As evidenced by the site plan, this proposed rezoning has been crafted after careful and responsive consideration of the site’s context. B. RELATIONSHIP TO TOWN OF MARANA ADOPTED PLANS The Make Marana 2040 General Plan designates this property as Low Density Residential: 1-2 homes per acre, similar to many other properties along the Twin Peaks corridor. Responsible utilization of significant public investment in roadway and utility infrastructure adjacent to the site dictates development of the property at the upper end of the allowable Low-Density Residential range. This project will also adhere to the Town’s native plant preservation regulations, Twin Peaks Corridor Study development density and design guidelines, Marana Land Development Code, and Marana Town Code. The Town of Marana Strategic Plan calls for new developments and neighborhoods to create areas with meaningful open space, trail connectivity, and active recreation areas. Twin Peaks 38 will fulfill all of these requirements and will also adhere to the Town’s Subdivision Recreation Area Design Manual. C. COMPATIBILITY TO ADJOINING DEVELOPMENT This property’s location between two major roads minimizes the potential for this development to impact nearby landowners. Along the northern edge, where this property is actually adjacent to other private land holdings, a wide open space buffer has been provided, homes have been limited to single-story, and headlight screening will be provided. Twin Peaks 38’s proposed density of two homes per acre is in line with other rezonings approved in the project vicinity. Marana Town Council Regular Meeting 08/03/2021 Page 332 of 402 Twin Peaks 38 Rezoning Site Analysis III. Land Use Proposal 57 D. LAND USE PROPOSAL In response to continuing strong demand for homebuilder lots in this part of Marana Twin Peaks 38 is proposed to be rezoned from R-36 Residential to R-7 Residential, per the density range specified in the Twin Peaks Corridor Study. Twin Peaks 38 is designed to blend with previously approved nearby rezonings along the Twin Peaks Corridor. Twin Peaks Rd. and Camino de Mañana act as significant buffers along most of the project perimeter. Along the northern edge, where this property is actually adjacent to other private land holdings, a wide open space buffer has been provided. Neighbors’ mountain views will not be impacted. The relatively low density of Twin Peaks 38, coupled with the extensive open space preservation proposed, will result in minimal impact to traffic, drainage, wildlife, and other typical effects of development. The table below lists proposed land uses onsite. Land Use Area Residential Lots and Streets 24.27 Ac. Minimum Common Area Open Space * 13.35 Ac. Minimum Recreation Area 0.53 Ac. * Common area open space may contain drainage and utility improvements. Grading within common area open space will be re-landscaped with regionally native plant species. The project will comply with the standards for subdivisions found in Marana Code Sec. 17.15.10.E. Please see Exhibit III-D-2: Preliminary Development Plan (PDP). Marana Town Council Regular Meeting 08/03/2021 Page 333 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 334 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 335 of 402 Twin Peaks 38 Rezoning Site Analysis III. Land Use Proposal 60 E. GRADING CONCEPT Site grading will be restricted to roadways, lots, and necessary ancillary grading for drainage, utilities, etc. Improvements within this project will be located at or near existing grade, subject to drainage requirements, in order to avoid excessive alteration of the site’s gently sloping terrain. F. POST-DEVELOPMENT HYDROLOGY This section was prepared by CMG Drainage Engineering, Inc. Twin Peaks 38 will provide for conveyance of offsite flows through the development via wide open space corridors that follow the natural wash alignments. This maintains historical drainage patterns at the downstream boundary. As noted in the Inventory & Analysis section, split flows occur along the upstream reaches and because of this the peak discharge rates will be evaluated in more detail as a part of the platting process, so discharge values may be updated at that time. Channels with widths of 50-feet to several hundred feet will be created using the existing natural vegetation along the wash bottoms. Stabilized wash banks will control potential erosion. The channel banks will be formed by raising the adjoining development area on enough fill to meet regulatory standards. The height of the fill will be only enough to raise lots above flood elevations in accordance with Town and FEMA requirements. Channel banks will be stabilized with materials such as stones, riprap, soil cement or gunite. Twin Peaks 38 will not produce any adverse drainage impacts to upstream or downstream properties. Post-development discharges flowing onto the site will remain the same as under pre-development conditions. Due to the critical basin retention/detention requirements, overall discharge rates exiting the site from onsite developed watersheds will be reduced in accordance with the Marana design criteria. Onsite retention/detention storage will be located at the southwest end of each cluster of homesites. All building pads will be designed to be a minimum of 1 foot above adjacent 100-year flood elevations. However, the alluvial fan designation for the FEMA floodplains affecting this property will require designing the washes to function as a channelization in order to meet FEMA standards for removing subdivision lots from a mandatory flood insurance zone. A Conditional Letter of Map Revision (CLOMR) must be submitted to FEMA to verify the proposed method of removing the subdivision from a regulatory floodplain will comply with FEMA standards. This project will provide onsite retention/detention in accordance with Town of Marana policies and the Pima County detention/retention manual. Onsite stormwater flows will be detained down to below existing (pre-development) conditions per critical basin requirements. A note will be added to the final plat indicating that any lots within the FEMA regulatory floodplain will be restricted from home construction until a LOMR has become effective to remove the lots from the FEMA floodplain. Marana Town Council Regular Meeting 08/03/2021 Page 336 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 337 of 402 Twin Peaks 38 Rezoning Site Analysis III. Land Use Proposal 62 G. VEGETATION & LANDSCAPING The Marana Land Development Code, Environmental Resource Preservation, Native Plant and Landscape Requirements, allows for this type of subdivision development. Twin Peaks 38 meets the intent of those assembled regulations and directions. In addition, the development will reuse many native plants for the subdivision’s landscaping needs. Native plans are drought tolerant and uniquely suited for the local climate, and further meet the primary objective of development a sustainable and environmentally sensitive residential community. As part of the platting process, a native plant inventory will be prepared for the portions of the site proposed for development, identifying vegetation to be preserved in place or transplanted within the development site. Open space is primarily located along the natural drainage features of the property. Existing landscaping will be enhanced as needed to meet Marana’s perimeter landscape bufferyard standards. All installed landscaping will be drought tolerant per Marana guidelines. A landscape plan will be submitted at the time of plat review. See Exhibit III-G-3: Bufferyards. Marana Town Council Regular Meeting 08/03/2021 Page 338 of 402 Marana Town Council Regular Meeting 08/03/2021 Page 339 of 402 Twin Peaks 38 Rezoning Site Analysis III. Land Use Proposal 64 H. WILDLIFE There are no primary wildlife corridors that run through the property. However, the minor wildlife corridors that cross the property will mostly be preserved as open space. At least 30 days before grading, a 100% area survey must be completed by a qualified wildlife biologist, for the Sonoran Desert Tortoise, with a copy of the survey form send to the Town prior to issuance of a grading permit. I. VIEWSHEDS Extraordinary views are not available from or across the property due to existing, relatively flat topography coupled with the distance to surrounding mountain ranges. However, the wide perimeter buffer areas mitigate the project’s minimal impacts to surrounding viewsheds. J. TRAFFIC Three all-weather vehicular connections are proposed to the existing public street system. Two entrances are proposed via Twin Peaks Rd, and one entrance is via Camino de Mañana. The design prohibits cut through traffic between Twin Peaks Road and Camino de Mañana. The northern connection to Twin Peaks Rd. is aligned with the existing median break in order to provide more convenient and safer ingress and egress. All proposed roads are public. Twin Peaks 38 is expected to generate approximately 650 total daily trips, which is less than 2% of the capacity of Twin Peaks Rd. A Traffic Impact Statement has been prepared by M. Esparza Engineering, and submitted to the Town. Marana Town Council Regular Meeting 08/03/2021 Page 340 of 402 Twin Peaks 38 Rezoning Site Analysis III. Land Use Proposal 65 K. PUBLIC UTILITIES 1. Water Marana Water will serve this subdivision. An extension of Marana’s public water system may be required to be constructed by the developer. The onsite well #505363 will be abandoned. 2. Sewer This development will connect to the existing Pima County sewer line number G-2018-118 in Twin Peaks Rd. No offsite sewer improvements are anticipated to be necessary. Please see Exhibit III-K-1: Sewer Capacity Letter. 3. Electric The property is located within the TRICO Electric service area. 4. Natural Gas Southwest Gas will supply natural gas services to this development. 5. Telecommunications The development is within the Qwest service area. Marana Town Council Regular Meeting 08/03/2021 Page 341 of 402 Twin Peaks 38 Rezoning Site Analysis III. Land Use Proposal 66 Exhibit III-K-1: Sewer Capacity Letter Marana Town Council Regular Meeting 08/03/2021 Page 342 of 402 Twin Peaks 38 Rezoning Site Analysis III. Land Use Proposal 67 L. PUBLIC SERVICE IMPACTS 1. Police Twin Peaks 38 is within Marana’s town limits, and law enforcement jurisdiction. As a relatively low-density residential project, impacts to Marana’s police services will be minimal. 2. Fire This project will be protected by the Golder Ranch Fire District. 3. Trash & Recycling The Town of Marana does not provide trash and recycling services. Twin Peaks 38’s homeowners will contract with a private solid waste pick-up provider. 4. Schools The Marana Unified School District uses a student generation factor of 0.25 per home for elementary students and 0.1 per home for secondary students. Twin Peaks 38’s anticipated 76 homes will generate approximately 19 elementary students and 8 secondary students. Dove Mountain CSTEM K-8 and Mountain View High School both have capacity to absorb this number of students. See Exhibit III-L-1: School District Letter, which confirms that nearby Marana school District facilities have capacity for more houses than are currently proposed within this development. 5. Parks It is expected that residents of Twin Peaks 38 will utilize the proposed onsite recreation area, earthen trail system, nearby multi-use path along Twin Peaks, and Tangerine Sky Park, all of which have or will have the capacity to meet recreational needs of future residents. Marana Town Council Regular Meeting 08/03/2021 Page 343 of 402 Twin Peaks 38 Rezoning Site Analysis III. Land Use Proposal 68 Exhibit III-L-1: School District Letter Marana Town Council Regular Meeting 08/03/2021 Page 344 of 402 Twin Peaks 38 Rezoning Site Analysis III. Land Use Proposal 69 M. RECREATION & TRAILS A recreation area is proposed in the central portion of Twin Peaks 38 where it will be accessible to all homeowners and highly visible to address Crime Prevention Through Environmental Design (CPTED) considerations. Sidewalk connections will be provided to the existing sidewalk along the east side of Twin Peaks Road, and a paved shared-use path will be provided along Camino de Manana in accordance with the Twin Peaks Corridor Study. Earthen trails will be provided between the clusters of homesites, so residents have an alternative to the sidewalk system. The recreation area size and design will adhere to the Town’s Subdivision Recreation Area Design Manual. The development’s open space, including all onsite recreational amenities, will be owned and maintained by the HOA. All installed landscaping will be on an underground drip irrigation system until established. If turf is used, it will be irrigated from a secondary non-potable source as long as the non-potable source is available at the boundary of the project at the time of development. N. CULTURAL, ARCHAEOLOGICAL & HISTORIC RESOURCES An archaeological records check was performed by the Arizona State Museum and is included as Exhibit II-J-1: ASM Archaeological Records Check. Two surveys were noted by the Museum, and neither found any cultural resources onsite. Example Earthen Path Marana Town Council Regular Meeting 08/03/2021 Page 345 of 402 Council-Regular Meeting A2 Meeting Date:08/03/2021 To:Mayor and Council From:David Udall, Associate Town Attorney Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Resolution No. 2021-111: Relating to Utilities; designating the Lon Adams Sewer a protected facility and adopting the Lon Adams Sewer protected facility charges (David L. Udall) Discussion: The Town of Marana is planning to construct a sewer main along Lon Adams Road (Marana Plan Number S-2021-006; the "Lon Adams Sewer"), with funding from its reserves, in anticipation of fair-share reimbursement from properties served by the sewer. Marana Town Code Sections 14-4-4 (refund of cost of facilities funded and installed by the town) and 14-4-5 (notice of protected facility and associated charge) establish the mechanism and procedure for collecting the fair-share reimbursement. Six property owners along Lon Adams Road have expressed an immediate or future interest in connecting to the Lon Adams Sewer after paying a proportionate protected facility charge, as calculated based on pipe distance and historical water usage, to the Town for construction of the sewer. The Marana Water Director has determined that these six properties are the only properties that are likely to be served by the Lon Adams Sewer, and these property owners were notified by letter dated July 2, 2021 of the proposed protected facility designation. One of the letters has been attached to the backup materials for this item as an example. Exhibit A to the proposed resolution is identical to the maps distributed to the landowners except that the words "Exhibit A:" have been added to the title. If adopted, this resolution will designate the Lon Adams Sewer as a protected facility and will establish proportional protected facility charges for the six properties as they are currently constituted as depicted in Exhibit A to the resolution. The resolution also establishes provisions relating to the payment of the protected facility charges in the event of future lot splitting. Marana Town Council Regular Meeting 08/03/2021 Page 346 of 402 Of note, Town staff recently received feedback from a representative of the Seventh Day Adventist parcel after he had received the notification letter addressed to the church. The representative informed staff that the Seventh Day Adventist parcel likely will not be connecting to the Lon Adams Sewer, but that the church would put the letter in its file in the event it decides to connect in the future. Financial Impact: Payments to the Town will be collected as noted in the attached resolution prior to connection to the sewer system. These revenues have not been budgeted. Corresponding expenditures for the Lon Adams Sewer have been allocated budget authority as part of the Lon Adams capital improvement project. Staff Recommendation: Staff recommends adoption of Resolution No. 2021-111, designating the Lon Adams Sewer a protected facility and adopting the Lon Adams Sewer protected facility charges. Suggested Motion: I move to adopt Resolution No. 2021-111, designating the Lon Adams Sewer a protected facility and adopting the Lon Adams Sewer protected facility charges. Attachments Resolution 2021-111 Exhibit A Sample Lon Adams Sewer Notification Letter Marana Town Council Regular Meeting 08/03/2021 Page 347 of 402 00075897.DOCX /3 - 1 - 6/28/2021 12:54 PM MARANA RESOLUTION NO. 2021-111 RELATING TO UTILITIE S; DESIGNATING THE LON ADAMS SEWER A PROTECTED FACILITY AND ADOPTING THE LON ADAMS SEWER PROTECTED FACILITY CHARGES WHEREAS the Town of Marana will be constructing, with funding from its re- serves, certain sewer infrastructure improvements (the “Lon Adams Sewer”) in accord- ance with the plans, specifications, and materials outlined and depicted in the “Lon Ad- ams Rd Reconstruction, Grier Rd To Barnett Rd Sewer System Mod ifications ” plan, Plan No. S-2021-006, sealed by Kittelson & Associates on May 11, 2021 and approved by the Town of Marana Water Department on __________________________ (the “Facility Plan”), which is on file in the office of the Town of Marana Water Department; and WHEREAS the following six property owners located along Lon Adams Road, whose property boundaries as currently constituted are depicted on the map entitled “Lon Adams Sewer Main Protected Facility Notification Are a,” which is attached as Ex- hibit A to this resolution, have expressed an immediate or future interest in connecting to the Lon Adams Sewer after paying a proportionate protected facility charge to the Town for construction of the sewer: (1) Corp. of Presiding Bishop of The Church of Jesus Christ of Latter Day Saints, parcel no. 217-37-0500 (“Parcel 217-37-0500”), (2) KMS CV 1 LLC, parcel no. 217 -37-0520 (“Parcel 217-37-0520”), (3) Dennis & Peggy Page, parcel no. 217 -37-510 (“Parcel 217-37-510”), (4) Alta Real Properti es LLC, parcel no. 217-37-053B (“Parcel 217-37-053B”), (5) Cottonwood Crossing Professional Pla za LLC, parcel no. 217-37-053A (“Parcel 217-37-053A”), and (6) Arizona Conference Corp. of Seventh Day Adv entists, parcel no. 217-37-0540 (“Parcel 217-37-0540”); and WHEREAS the Water Director has determined that these six properties are the only properties that are likely someday to be served by the Lon Adams Sewer; and Marana Town Council Regular Meeting 08/03/2021 Page 348 of 402 00075897.DOCX /3 - 2 - 6/28/2021 12:54 PM WHEREAS Town staff has determined that the most practical and equitable way to calculate the protected facility charge for these six properties is proportionally, based on pipe d istance and historical water usage ; and WHEREAS thirty days’ mailed notice has been p rovided to the six affected prop- erty owners; and WHEREAS the Mayor and Council of the Town of Marana find that designation of the Lon Adams Sewer as a protected facility and adoption of the Lon Adams Sewer protected facility charge s will ensure fair-share reimbursement to the Town by property owners who use and benefit from the Lon Adams Sewer and that said designation and adoption are in the best interests of the Town of Marana and the public. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Pursuant to Marana Town Code Section 14-4-4, the Town Council of the Town of Marana hereby designates as a protected facility the Lon Adams Sewer, iden- tified in the Facility Plan. SECTION 2. Pursuant to Marana Town Code Section 14-4-4, the Town Council of the Town of Marana hereby adopts the following proportional Lon Adams Sewer pro- tected facility charge s, which shall be paid prior to any service connection for any land use with a sewer connection that is serve d by the designated Lon Adams Sewer protected facility, as follows: (a) Parcel 217-37-0500: $62,210.10 (b) Parcel 217-37-0520: $7,809.89 (c) Parcel 217-37-510: $11,809.53 (d) Parcel 217-37-053B: $27,992.26 (e) Parcel 217-37-053A: $21,864.82 (f) Parcel 217-37-0540: $64,130.40 SECTION 3. The protected facility charges set forth in the Section 2 of this Resolu- tion are estimates based upon the estimated total construction cost of the Lon Adams Sewer. Final construction quantities and amounts will be provided after construction of the sewer is completed and the protected facility charges set forth in Section 2 are subject to amendment and revision once the final construction costs are known. Marana Town Council Regular Meeting 08/03/2021 Page 349 of 402 00075897.DOCX /3 - 3 - 6/28/2021 12:54 PM SECTION 4. Before any service connections are made , the pe rson or entity seeking the service connection shall also pay to the Town the connection fees , the Wastewater Facilities Development Impact Fee, and any other fees required under Title 14 of the Ma- rana Town Code . SECTION 5. In the event that one or more of these properties , as currently depicted in Exhibit A, is the subject of a lot split, minor land division, subdivision, or other division of land, the property on which the sewer stub-out(s) is(are) located shall be responsible to pay the full proportional protected facility charge as set forth in Section 2 of this Reso- lution (in addition to the cost of any additional sewer stub -out), and the property owner paying the full charge may seek reimbursement from the other property owner(s) of the divided land , if any. Any impact fees related to extending sewer infrastructure to prop- erties subject to a lot split, minor land division, subdivision, or other division of land shall be paid at the time the divided property connects to the Lon Adams Sewer. SECTION 6. The Town of Marana Water Director is hereby authorized to admin- ister the collection of the Lon Adams Sewer protected facility charge s. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. Mayor Ed Hone a ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 350 of 402 Lon Adams Sewer Main Protected Facility Notification AreaExhibit A: Marana Town Council Regular Meeting 08/03/2021Page 351 of 402 00076157.DOCX /111555 WEST CIVIC CENTER DRIVE / MARANA, ARIZONA 85653 / (520) 382-2570 / FAX: (520) 382-2590 / MaranaAZ.gov July 2, 2021 Via First Class Mail Cottonwood Crossing Professional Plaza, LLC 1187 E. Cottonwood Ln. Casa Grande, AZ 85122-2957 Notice of Protected Facility and Associated Charge (Lon Adams Sewer Main) Dear Property Owner: You are listed on public records as being an owner of property located in the land area identified on the enclosed map entitled, “Lon Adams Sewer Main Protected Facility Notification Area.” This is the area of land likely to someday be served by the Lon Adams Sewer Main. To ensure fair-share reimbursement to the Town of Marana by property owners who use and benefit from the Lon Adams Sewer Main, the Town hereby gives notice that on August 3, 2021, at its regularly-scheduled meeting at the Marana Municipal Complex, 11555 West Civic Center Drive, Marana, Arizona 85653, the Town is scheduled to consider the adoption of a resolution designating the Lon Adams Sewer Main as a protected facility and adopting proportional protected facility charges as set forth in the table below entitled, “Proportional Facility Charges.” A copy of the proposed resolution, which is subject to Council approval and/or amendment, is also enclosed with this letter. The protected facility charge associated with your property will be applicable in conjunction with you connecting to the Lon Adams Sewer Main, and the charge is in addition to all other charges and fees associated with connecting to the main. The protected facility charges for the Lon Adams Sewer Main were established proportionally based on pipe distance and historical water usage, as outlined in the table entitled, “Lon Adams Sewer Protected Facility Charge Calculation” included below. This protected facility designation and charge are governed by Marana Town Code sections 14-4-4 and 14-4-5. Marana Town Council Regular Meeting 08/03/2021 Page 352 of 402 Cottonwood Crossing Professional Plaza, LLC July 2, 2021 Page 2 00076157.DOCX /111555 WEST CIVIC CENTER DRIVE / MARANA, ARIZONA 85653 / (520) 382-2570 / FAX: (520) 382-2590 / MaranaAZ.gov Please contact me at (520) 382-2560 or jluo@maranaaz.gov, or Assistant Town Attorney David Udall at (520) 382-3492 or dudall@maranaaz.gov if you would like to speak to one of us directly about any questions or concerns. Sincerely, Jing Luo, Water Director Town of Marana Lon Adams Protected Facility Charge Calculation Proportional Facility Charges Total estimated cost of protected sewer main construction by the Town of Marana $195,817 Total number of parcels (as currently constituted) that can connect to the Lon Adams Protected Facility 6 Cost per parcel, as calculated proportionally based on pipe distance and historical water usage See “Proportional Facility Charges” table Total estimated potential amount reimbursable to the Town of Marana $195,817 Corp. of Presiding Bishop of The Church of Jesus Christ of Latter Day Saints, parcel no. 217-37-0500 $62,210.10 KMS CV 1 LLC, parcel no. 217-37- 0520 $7,809.89 Dennis & Peggy Page, parcel no. 217-37-510 $11,809.53 Alta Real Properties LLC, parcel no. 217-37-053B $27,992.26 Cottonwood Crossing Professional Plaza LLC, parcel no. 217-37-053A $21,864.82 Arizona Conference Corp. of Seventh Day Adventists, parcel no. 217-37-0540 $64,130.40 Marana Town Council Regular Meeting 08/03/2021 Page 353 of 402 Council-Regular Meeting A3 Meeting Date:08/03/2021 To:Mayor and Council From:Jane Fairall, Town Attorney Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2021.012: Relating to Development; approving a modification of a rezoning condition of Marana Ordinance No. 2011.19, which created the Rancho Palomitas Specific Plan, to allow the developer to contribute funding to the Town for design and construction of turn lanes on Tangerine Road in lieu of the developer designing and constructing the turn lanes (Jane Fairall) Discussion: The Mayor and Council adopted Ordinance No. 2011.19 on August 2, 2011, approving a rezoning of approximately 78 acres of land to “F – Specific Plan” creating the Rancho Palomitas Specific Plan (“Rancho Palomitas”), located south of Tangerine Road, approximately 1.8 miles east of I-10. The rezoning ordinance included a condition that required the developer to design and construct the eastbound deceleration (right-turn) lane(s) and continuous center left-turn lane on Tangerine Road at its intersections with the project’s two access streets. The developer has not yet constructed the required turn lanes on Tangerine Road. Meanwhile, the Regional Transportation Authority (RTA) plan includes funding for a roadway corridor improvement project for the widening of Tangerine Road, including the portion of Tangerine Road adjacent to Rancho Palomitas, currently scheduled to begin design in fiscal year 2022 and construction in fiscal year 2023. Construction of the RTA Tangerine Road project would result in the removal and replacement of any turn lanes designed and constructed by the developer on Tangerine Road within a relatively short time period. The developer requested that Town staff consider an in-lieu contribution toward the turn lanes. Marana Town Council Regular Meeting 08/03/2021 Page 354 of 402 The proposed ordinance would modify Ordinance No. 2011.19, Section 3, condition 6 to allow the developer to contribute to the cost of design and construction of the turn lanes, rather than designing and constructing turn lanes that will be removed and replaced in the near future. The amount of $275,694.84 is based on an estimate provided by the developer and approved by the Town Engineer. Staff Recommendation: Staff recommends approval of the ordinance, modifying Ordinance No. 2011.19 to allow the developer to contribute a fee toward design and construction of turn lanes on Tangerine Road, rather than designing and constructing them. Suggested Motion: I move to adopt Ordinance No. 2021.012, approving a modification of a rezoning condition of Marana Ordinance No. 2011.19 to allow the developer to contribute funding to the Town for design and construction of turn lanes on Tangerine Road in lieu of the developer designing and constructing the turn lanes. Attachments Ordinance 2021.012 Marana Town Council Regular Meeting 08/03/2021 Page 355 of 402 00076299.DOCX /1 Ordinance No. 20 21.012 - 1 - MARANA ORDINANCE NO. 20 21.012 RELATING TO DEVELOPMENT; APPROVING A MODIFICATION OF A REZONING CONDITION OF MARANA ORDINANCE NO. 2011.19, WHICH CREATED THE RANCHO PALOMITAS SPE CIFIC PLAN, TO ALLOW THE DEVELOPER TO CONTRIBUTE FUNDING TO THE TOWN FOR DESIGN AND CONSTRUCTION OF TURN LANES ON TANGER INE ROAD IN LIEU OF THE DEVELOPE R DESIGNING AND CONSTRUCTING THE TUR N LANES WHEREAS the Mayor and Council of the Town of Marana adopted Ordinance No. 2011.19 on August 2, 2011, approving a rezoning of approximately 78 acres of land to “F – Specific Plan” creating the Rancho Palomitas Specific Plan (“Rancho Palomitas”); and WHEREAS approval of the rezoning was subject to a number of conditions , including condition 6 which provides that the developer/owner is responsible for the design and construction of the eastbound deceleration (right -turn) lane(s) and continuous center left-turn lane on Tangerine Road at its intersections with the project’s two access streets; and WHEREAS the developer/owner of Rancho Palomitas has not yet constructed the required turn lanes on Tangerine Road ; and WHEREAS the Regional Transportation Authority (RTA) plan includes funding for a roadway corridor improvement project for the widening of Tangerine Roa d, including the portion of Tangerine Road adjacent to Rancho Palomitas , currently scheduled to begin design in fiscal year 2022 and construction in fiscal year 2023; and WHEREAS construction of the RTA Tangerine Road project would result in the removal and replace ment of any turn lanes designed and constructed by the developer/owner on Tangerine Road ; and WHEREAS it is more efficient for the developer/owner to contribute to the cost of design and construction of the turn lanes in satisfaction of Ordinance No. 2011.19, Section 3, condition 6, rather than designing and constructing turn lanes that will be removed and replaced in the near future ; and WHEREAS the Marana Planning Commission held a public hearing on July 28, 2021, and voted ________ to recommend that the Town Council approve the requested modification; and Marana Town Council Regular Meeting 08/03/2021 Page 356 of 402 00076299.DOCX /1 Ordinance No. 20 21.012 - 2 - WHEREAS the Mayor and Council of the Town of Marana find that the modification adopted by this ordinance is in the best interest of the Town of Marana and the general public. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Marana Ordinance No. 201 1.19, Section 3, condition 6 is hereby amended as follows (with deletions shown with strikethroughs and additions shown with double underlining ): The developer/owner shall be responsible for the In lieu of design and construction of the eastbound deceleration (right -turn) lane(s) and continuous center left-turn lane on Tangerine Road at its intersections with the project’s two access streets, the developer/owner shall pay to the Town a contribution of $275,694.84 toward the design and construction costs for the described improvements. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance . PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 357 of 402 Council-Regular Meeting A4 Meeting Date:08/03/2021 To:Mayor and Council From:Jane Fairall, Town Attorney Date:August 3, 2021 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: PRINCIPLE STATEMENT 2: WE WILL SEEK AND RETAIN DIVERSE INDUSTRIES AND COMMERCE. Initiative 3: Invest in airport infrastructure and lease opportunities to grow airport operations. Subject:Resolution No. 2021-112: Relating to Marana Regional Airport; approving and authorizing the Mayor to execute the Second Amendment to First Amended FBO Lease Agreement with Pima Aviation, Inc. for the lease of real property located at the Marana Regional Airport, 11700 West Avra Valley Road (Jane Fairall) Discussion: The Town currently leases property at the Marana Regional Airport to Pima Aviation, Inc. (PAI) pursuant to three separate lease agreements. The subject of this particular agenda item is the FBO Lease. The Town and PAI entered into the FBO Lease on September 4, 2001. The Council approved an amendment (the First Amendment) to the Lease in June 2018; however, that amendment addressed issues that are immaterial to the proposed Second Amendment for consideration tonight. The lease has a term running through November 29, 2046, and currently encompasses approximately 31.5 acres. Over the last few years, the parties have negotiated regarding several issues pertinent to the lease, including issues related to the recent Federal Aviation Administration (FAA) Airport Improvement Program (AIP) project involving the removal and new construction of approximately one million square feet of pavement at the airport. This proposed Second Amendment to the FBO lease agreement consolidates all of these Marana Town Council Regular Meeting 08/03/2021 Page 358 of 402 issues into one lease amendment. The issues addressed and resolved in this lease amendment include: The removal of Pima Aviation's Building 101 from the airport premises as required by the FAA for the AIP project. Paragraph 1.3.2 of the FBO Lease provides that Lessee agrees and acknowledges that certain structures on the Premises may need to be removed from their location on the Premises at a later date upon implementation of improvements at the Airport, and provides a process for removal of the structures or any one of them. In lieu of the somewhat complicated process for removal set forth in paragraph 1.3.2 of the Lease, the Parties agreed to a simplified process in which PAI removed Building 101 and its contents from the Premises on or about February 28, 2019, to make way for the project, and the Town agreed to reimburse PAI up to $125,000.00 for expenses for packing and relocation of the contents of Building 101, subject to Council approval of this Second Amendment. The Second Amendment memorializes Pima Aviation’s required contribution to the portion of the construction project that was not covered by federal/state grants. Specifically, PAI is required to contribute $45,410.71 towards the construction costs. Waiver of rent on the portions of the premises that were affected by the construction project. During the construction of the project, some of PAI's tenants were displaced from hangars and shadeports and, as a result, PAI did not charge rent to those tenants during the time those areas were under construction. PAI requested that the Town consider a discount on the rent during the construction.The proposed Second Amendment will waive all fixed rent and percentage rent for the portions of the FBO Lease premises that were affected by the construction, for the period of time they were affected, as identified in the amendment. Addition of a new 5-acre parcel to the leased premises. The Second Amendment requires Lessee to begin actual construction of improvements on the added 5-acre parcel no later than 10 years after the Effective Date of the Second Amendment or the 5-acre parcel will be removed from the Premises. Financial Impact: Fiscal Year:22 Budgeted Y/N: Y Amount:$86,595.68 Based on the payments due to each Party pursuant to this Second Amendment, the Town owes $86,595.68 to PAI, calculated as follows: $125,000.00 Lessor to Lessee - Building 101 removal (paragraph 1(b)) + 3,691.87 Lessor to Lessee - credit for Rent for phase C.1 (paragraph 2(a)) + 3,314.52 Lessor to Lessee – credit for Rent for phase C.2 (paragraph 2(b)) - 45,410.71 Lessee to Lessor – contribution to construction (paragraph 3(b)) $ 86,595.68 Total Lessor to Lessee Budget capacity has been made available in the Airport operating fund. Marana Town Council Regular Meeting 08/03/2021 Page 359 of 402 Staff Recommendation: Staff recommends approval of the Second Amendment to the FBO Lease. Suggested Motion: I move to adopt Resolution No. 2021-112, approving and authorizing the Mayor to execute the Second Amendment to First Amended FBO Lease Agreement with Pima Aviation, Inc. Attachments Resolution 2021-112 Exhibit A to Resolution 2021-112 Second Amendment Marana Town Council Regular Meeting 08/03/2021 Page 360 of 402 Marana Resolution No. 2021-112 1 MARANA RESOLUTION NO. 2021-112 RELATING TO MARANA R EGIONAL AIRPORT; APP ROVING AND AUTHORIZING THE MAYO R TO EXECUTE THE SECOND AMENDMENT TO FIRST AMENDED FBO LEASE AGREEMENT WITH PIMA AV IATION, INC. FOR THE LEASE OF REAL PROPERTY LOCATE D AT THE MARANA REGIONAL AIRPORT, 11700 WEST AVRA VALL EY ROAD WHEREAS the Town and P ima Aviation, Inc. (“PAI”) are parties to a lease agreement entitled “First Amended FBO Lease Agreement” (the “FBO Lease”) made and entered into on September 4, 2001 , by which the Town leases to PAI a certain portion of real property located at the Marana Regional Airport ; and WHEREAS the Town and PAI desire to amend the FBO Lease; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Second Amendment to First Amended FBO Lease Agreement between the Town of Marana and Pima Aviation, Inc. attached to and incorporated within this resolution as Exhibit A is hereby approved and the Mayor is authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. 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 as amended. Marana Town Council Regular Meeting 08/03/2021 Page 361 of 402 Marana Resolution No. 2021-112 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 362 of 402 Exhibit A to Marana Resolution No. 2021-112 00059519.DOC /7 9/1/2020 SECOND AMENDMENT TO FBO LEASE TOWN/PIMA AVIATION, INC. - 1 - SECOND AMENDMENT TO FIRST AMENDED FBO LEASE AGREEMENT THIS SECOND AMENDMENT TO FIRST AMENDED FBO LEASE AGREEMENT (this “Second Amendment”) is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (“Lessor”) and PIMA AVIATION, INC., an Arizona corporation (“Lessee”). Lessor and Lessee are collectively referred to in this Second Amendment as the “Parties,” and each is sometimes individually referred to as a “Party.” RECITALS A. Lessor and Lessee are parties to that certain lease agreement entitled “First Amended FBO Lease Agreement” made and entered into on September 4, 2001 (the “Lease”), by which Lessor leases to Lessee a certain portion of real property located at the Marana Regional Airport (the “Airport”) (formerly the Marana Northwest Regional Airport), 11700 West Avra Valley Road, Town of Marana, County of Pima, State of Arizona (the “Premises”). The Lease was recorded in the office of the Recorder of Pima County, Arizona, on December 28, 2001, at Docket 11705, Page 5191 (Sequence 20012501212). B. Effective June 5, 2018, the Parties entered into the First Amendment to the First Amended FBO Lease Agreement (the “First Amendment”) to amend the Lease to revise the description of the Premises that are the subject of the Lease, and to incorporate updated provisions regarding airport rules and regulations and reservations of easements. The First Amendment was recorded in the office of the Recorder of Pima County, Arizona, on June 12, 2018, at Sequence 20181630106. C. The Premises are more particularly described in the legal description and map attached to the First Amendment as Exhibit 1, and incorporated by reference within the Lease. D. Paragraph 3.1 of the Lease provides that Lessee shall pay Lessor Fixed Rent on a per acre basis for the Premises. E. Paragraph 3.2 of the Lease provides that in addition to the Fixed Rent set forth in paragraph 3.1 of the Lease, Lessee shall pay Lessor Percentage Rent based on Lessee’s gross rents on subleases and Lessee’s collection of Use Fees for various faci lities on the Premises. F. The Town was awarded grant funding from the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) for the complete removal and new construction of approximately one million square feet of pavement at the Airport (the “Project”), approximately consisting of the transient open tie-downs, terminal aprons, west helicopter apron, and 1,600 feet of taxiway B between taxiway B2 and taxiway A (the “Project Area”). The FAA determined that certain areas on the Premises within the Project Area and included within the scope of the Project were not eligible for AIP funding. These areas are depicted on the map attached to this Second Amendment as Exhibit 2 and incorporated by this reference within the Lease (the “Non-AIP Eligible Areas”). Marana Town Council Regular Meeting 08/03/2021 Page 363 of 402 Exhibit A to Marana Resolution No. 2021-112 00059519.DOC /7 9/1/2020 SECOND AMENDMENT TO FBO LEASE TOWN/PIMA AVIATION, INC. - 2 - G. Phase C of the Project included construction on a portion of the Premises that are the subject of the Lease. H. Paragraph 1.3.2 of the Lease provides that Lessee agrees and acknowledges that certain structures on the Premises may need to be removed f rom their location on the Premises at a later date upon implementation of improvements at the Airport, and provides a process for removal of the structures or any one of them. Paragraph 1.3.2 also provides that if a structure is removed, the land associated with the structure shall remain a part of the Premises that are the subject of the Lease, subject to the terms and restrictions of the Lease. I. The FAA determined that as a part of the Project, the building identified as Building 101 on Exhibit 2 was required to be removed from the Project Area. J. Paragraph 19.5 of the Lease provides that the Lease may not be enlarged, modified or altered except in writing by the Parties. K. The Parties desire to amend the Lease, as previously amended, as set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the recitals set forth above and the mutual covenants, conditions and agreements set forth in the Lease, as previously amended, and this Second Amendment, the Parties agree as follows: 1. Description of Premises. Article 1 (“Description of Premises”) of the Lease, as previously amended, is hereby amended as follows. a. Premises. Paragraph 1.1 of the Lease is hereby amended to revise the description of the Premises that are the subject of the Lease to add a parcel of lan d consisting of approximately five acres, as described and depicted in the legal description and map attached to this Second Amendment as Exhibit 1, and incorporated by this reference within the Lease. The addition of this parcel to the Premises increases the acreage of the Premises from approximately 31.484 acres to approximately 36.484 acres. b. Removal of Building 101 from Premises. Article 1 is hereby amended to provide for an alternative removal process for Building 101. In lieu of the process for removal set forth in paragraph 1.3.2 of the Lease, the Parties shall proceed as follows: i. Lessee removed Building 101 and its contents from the Premises on or about February 28, 2019. ii. Lessor shall reimburse Lessee up to $125,000.00 for expenses for packing and relocation of the contents of Building 101. Lessee shall provide Lessor with invoices documenting Lessee’s expenses. 2. Compensation. Notwithstanding the provisions of paragraphs 3.1 and 3.2 of the Lease, Lessee’s obligation to pay to Lessor Fixed Rent and Percentage Rent (together referred to as “Rent”) on the portions of the Premises included within the Project Area is hereby waived for the period of time that those portions were under construction. a. Rent on the portion of the Premises labeled as “C.1” on th e map attached to this Second Amendment as Exhibit 3 and incorporated by this reference within the Marana Town Council Regular Meeting 08/03/2021 Page 364 of 402 Exhibit A to Marana Resolution No. 2021-112 00059519.DOC /7 9/1/2020 SECOND AMENDMENT TO FBO LEASE TOWN/PIMA AVIATION, INC. - 3 - Lease is hereby waived during the time period of June 3, 2019 through August 8, 2019, resulting in a total amount of $3,691.87 in Rent waived. The portion of the Premises labeled as C.1 on Exhibit 3 includes approximately 10.49 acres of the Premises, and includes Hangars 102 -10 through 102-14, 103-15 through 103-27, 104-28 through 104 -38, and 105-39 through 105 -44, Building 75, and Shadeports 1 through 28. b. Rent on the portion of the Premises labeled as “C.2” on Exhibit 3 is hereby waived during the time period of August 12, 2019 through November 7, 2019, resulting in a total amount of $3,314.52 in Rent waived. The portion of the Premises labeled as C.2 on Exhibit 3 includes approximately 7.87 acres of the Premises, and includes Hangars 105 -45 through 105-50, 106-51 through 106-62, and 107-63 through 107-68, and Storage Units 106A, 107A, and 107B. 3. Funding for Construction of Non-AIP Eligible Areas. The Parties hereby agree to share the costs of construction of the Non-AIP Eligible Areas of the Project as follows: a. Lessor shall pay the construction costs for the Non -AIP Eligible Areas surrounding the buildings identified as Buildings 83, 102, 103, 104, 105, 106, and 107, and the area identified as Covered Aircraft Parking on Exhibit 2. b. Lessee shall contribute $45,410.71 towards the construction costs for the Non-AIP Eligible Areas surrounding the buildings identified as Buildings 75, 76, 86, and 87 on Exhibit 2. 4. Payment. Based on the payments due to each Party under paragraphs 1(b), 2(a) and (b), and 3(b) above, Lessor shall submit payment in the amount of $86,595.68 to Lessee within 30 days of the Effective Date of this Second Amendment , calculated as follows: $125,000.00 Lessor to Lessee - Building 101 removal (paragraph 1(b)) + 3,691.87 Lessor to Lessee - credit for Rent for phase C.1 (paragraph 2(a)) + 3,314.52 Lessor to Lessee – credit for Rent for phase C.2 (paragraph 2(b)) - 45,410.71 Lessee to Lessor – contribution to construction (paragraph 3(b)) $ 86,595.68 Total Lessor to Lessee 5. Construction of Improvements to Five-Acre Parcel. Lessee shall proceed with construction of improvements to the five-acre parcel added to the Premises by paragraph 1(a) above as soon as practicable and within a reasonable period of time as required by FAA regulations, advisory circulars and grant assurances , including without limitation, advisory circular 150/5190-6 and grant assurance 23 which prohibit the granting of exclusive rights at federally-funded airports. a. At the latest, Lessee shall begin actual construction of improvements no later than 10 years after the Effective Date of this Second Amendment , and shall cause the construction to be diligently pursued, without a halt in construction and without demobilization, to completion and acceptance. b. If Lessee fails to begin actual construction of improvements on the five -acre parcel within the specified 10-year period, Lessor shall notify Lessee in writing that Lessee is in default of the provisions of this paragraph and that the five-acre Marana Town Council Regular Meeting 08/03/2021 Page 365 of 402 Exhibit A to Marana Resolution No. 2021-112 00059519.DOC /7 9/1/2020 SECOND AMENDMENT TO FBO LEASE TOWN/PIMA AVIATION, INC. - 4 - parcel will be removed from the Premises that are the subject of the Lease unless Lessee cures the default by beginning actual construction of improvements within 30 days of Lessee’s receipt of the notice. 6. Effective Date of Second Amendment. This Second Amendment shall be effective as of the signature date of the last Party to sign this Second Amendment (“Effective Date”). 7. Recordation. Lessor shall at its expense record this Second Amendment in the office of the Recorder of Pima County, Arizona within ten days of execution of this Second Amendment by all Parties. 8. Other Terms and Provisions. All other terms and provisions of the Lease and its exhibits, as previously amended, not specifically changed by this Second Amendment, shall remain in effect and be binding upon the Parties as provided for in the Lease, as previously amended. Words and phrases having a defined meaning in the Lease have the same respective meanings when used in this Second Amendment unless otherwise expressly stated. 9. Recitals. The recitals set forth at the beginning of this Second Amendment are hereby acknowledged, confirmed to be accurate, and incorporated here by reference. 10. Entire Agreement. This Second Amendment constitutes the entire agreement between the Parties pertaining to the subject matter of this Second Amendment. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Second Amendment. 11. Severability. If any provision of this Second Amendment is declared illegal, invalid or unenforceable, in whole or in part, under present or future laws, it shall be severed from the remainder of this Second Amendment, which shall otherwise remain in full force and effect. In lieu of the illegal, invalid or unenforceable provision, there shall be added automatically as part of this Second Amendment a provision as similar in terms to the illegal, invalid, or unenforceable provisions as may be possible and still be legal, valid, and enforceable, and this Second Amendment shall be deemed reformed accordingly. 12. Governing Law. This Second Amendment is entered into in Arizona and shall be construed and interpreted under the laws of Arizo na, and any actions to enforce or interpret the terms and provisions of this Second Amendment shall be brought and maintained in Pima County, Arizona. 13. Interpretation. This Second Amendment has been negotiated by Lessor and Lessee, and neither Party shall be deemed to have drafted this Second Amendment for purposes of construing any portion of this Second Amendment for or against any Party. [SIGNATURE PAGE FOLLOWS] Marana Town Council Regular Meeting 08/03/2021 Page 366 of 402 Exhibit A to Marana Resolution No. 2021-112 00059519.DOC /7 9/1/2020 SECOND AMENDMENT TO FBO LEASE TOWN/PIMA AVIATION, INC. - 5 - IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the last date set forth below their respective signatures. LESSOR: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney LESSEE: PIMA AVIATION, INC., an Arizona corporation By: Gary L. Abrams, President Date: STATE OF ________ ) ss. County of ________) The foregoing instrument was acknowledged before me this day of , 2021, by Gary L. Abrams, President of PIMA AVIATION, INC., an Arizona corporation, on behalf of the corporation. (Seal) Notary Public LIST OF EXHIBITS Exhibit 1: Legal Description and Map of 5-Acre Parcel Added to Premises Exhibit 2: Map of Marana Regional Airport Non-AIP Funded Areas Exhibit 3: Map of Portions (C.1 and C.2) of Premises Included in Project Area Marana Town Council Regular Meeting 08/03/2021 Page 367 of 402 EXHIBIT 1 to SECOND AMENDMENT TO FIRST AMENDED FBO LEASE AGREEMENT Marana Town Council Regular Meeting 08/03/2021 Page 368 of 402 EXHIBIT 1 to SECOND AMENDMENT TO FIRST AMENDED FBO LEASE AGREEMENT Marana Town Council Regular Meeting 08/03/2021 Page 369 of 402 Bldg 101Terminal CafeCovered Aircraft Parking Bldg 106Bldg 105Bldg 104Bldg 103Bldg 102Bldg 107Bldg 86 & 87 Bldg 76 Bldg 83 Bldg 75 Marana Regional AirportRehabilitate Apron, Rehabilitate Taxiway Non-AIP Funded ($239,090 - Cost based on low-bid) 0 200 400100Feet ¯ Location Cost based on low-bid Bldg 86 & 87 $ 27,943.98Bldg 75 $ 3,698.35Bldg 76 $ 13,768.38Covered Aircraft Parking $ 82,036.78Bldg 83 $ 4,243.27Bldg 102 $ 16,935.27Bldg 103 $ 17,695.67Bldg 104 $ 18,105.21Bldg 105 $ 18,808.76Bldg 106 $ 18,796.51Bldg 107 $ 17,057.84 EXHIBIT 2 to SECOND AMENDMENT TO FIRST AMENDED FBO LEASE AGREEMENT Marana Town Council Regular Meeting 08/03/2021 Page 370 of 402 ¯MARANA AIRPORTMARANA AIRPORT 100 0 10050 Feet P H A S E C . 1 P H A S E C . 1 P H A S E C . 2 P H A S E C . 2 EXHIBIT 3 to SECOND AMENDMENT TO FIRST AMENDED FBO LEASE AGREEMENT Marana Town Council Regular Meeting 08/03/2021 Page 371 of 402 Council-Regular Meeting A5 Meeting Date:08/03/2021 To:Mayor and Council From:David Udall, Associate Town Attorney Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-113: Relating to Elections; prescribing standards of financial disclosure for local elected officials as required by A.R.S. § 38-545; and rescinding Marana Resolution No. 77-2 (David Udall) Discussion: State law requires the Town to adopt financial disclosure standards for the Town's elected officials that are consistent with the provisions of Title 38, Chapter 3.1, Article 1 of the Arizona Revised Statutes, as amended. On June 27, 1977, the Marana Town Council adopted financial disclosure standards that were in compliance with state law at the time by adopting Resolution No. 77-2. Over the years, Title 38 has been amended, but the Town's financial disclosure standards have not changed. Marana Resolution No. 2021-116 brings the Town's financial disclosure standards back into conformity with Title 38, as amended. If adopted, Marana Resolution No. 2021-116 will rescind Marana Resolution No. 77-2 and set forth updated financial disclosure standards for the Town's elected officials. Material changes to the financial disclosure standards in Marana Resolution No. 2021-116 include additional disclosure requirements for the following: controlled and dependent businesses, debts owed to a local public officer, bonds, and official capacity travel expenses. The changes also include specific categories of value for reporting purposes, several additional definitions, and process changes, including the ability to file electronically. A comparison draft has been included in the backup materials to this agenda item for a more detailed review of the changes. Staff Recommendation: Staff recommends adoption of Resolution No. 2021-113, prescribing standards of Marana Town Council Regular Meeting 08/03/2021 Page 372 of 402 Staff recommends adoption of Resolution No. 2021-113, prescribing standards of financial disclosure for local elected officials as required by A.R.S. § 38-545 and rescinding Marana Resolution No. 77-2. Suggested Motion: I move to adopt Resolution No. 2021-113, prescribing standards of financial disclosure for local elected officials as required by A.R.S. § 38-545 and rescinding Marana Resolution No. 77-2. Attachments Resolution 2021-113 Resolution No. 77-2 Comparison Draft Marana Town Council Regular Meeting 08/03/2021 Page 373 of 402 00070191.DOCX /3 Resolution No. 2021-113 - 1 - 7/29/2021 DU/JF MARANA RESOLUTION NO. 202 1-113 RELATING TO ELECTIONS; PRESCRIBING STANDARDS OF FINANCIAL DISCLOSURE FOR LOCAL ELECTED OFFICIALS AS REQUIRED BY A.R.S. § 38-545; RESCINDING MARANA RESOLUTION NO. 77-2 WHEREAS pursuant to A.R.S. § 38-545, as amended, the Town of Marana is required to adopt standards of financial disclosure consistent with the provisions of Title 38, Chapter 3.1, Article 1, Arizona Revised Statutes , as amended; and WHEREAS on June 27, 1977, the Town Council adopted Resolution No. 77-2 in compliance with A.R.S. § 38-545; and WHEREAS Title 38, Chapter 3.1, Article 1, Arizona Revised Statutes has been amended since Marana Resolution No. 77 -2 was adopted ; and WHEREAS it has become necessary to rescind Marana Resolution No. 77-2 and adopt current standards of financial disclosure consistent wi th state law; and WHEREAS the Town Council finds that rescinding Marana Resolution No. 77-2 and adopting standards of financial disclosure as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Resolution No. 77-2 is hereby rescinded . SECTION 2. The following standards of financial disclosure for local elected officials are hereby adopted: A. Definitions . In this resolution, unless the context otherwise requires: 1. “Business” includes any enterprise, organization, trade, occupation or profession, whether or not operated as a legal entity or for profit, including any business trust, corporation, partnership, joint venture or sole proprietorship . 2. “Compensation” means anything of value or advantage, present or prospective, including the forgiveness of debt. 3. “Controlled business” means any business in which the local public officer or any member of his or her household has an ownership or beneficial interest, individually or combined, amounting to more than a 50% interest. Marana Town Council Regular Meeting 08/03/2021 Page 374 of 402 00070191.DOCX /3 Resolution No. 2021-113 - 2 - 7/29/2021 DU/JF 4. “Dependent business” means any business in which the local public officer or any member of his or her household has an ownership or beneficial interest, individually or combined, amounting to more than a 10% interest, and during the preceding calendar year the business receiv ed from a single source more than $10,000.00 and more than 50% of its gross income . 5. “Gift” includes any gratuity, special discount, favor, hospitality, service, economic opportunity, loan or other benefit received without equivalent consideration and not p rovided to members of the public at large. “G ift” does not include travel -related expenses that are publicly reported as required by law or political campaign contributions that are publicly reported pursuant to Title 16, Chapter 6 of the Arizona Revised Statutes. 6. “Local public officer” means a person holding an elective office of the Town of Marana. 7. “Member of household” means a l ocal public officer’s spouse and any minor child of whom the local public officer has legal custody . 8. “Travel-related expenses” means any costs associated with transportation, food, lodging and registration fees and other expenses directly related to travel to or from a meeting, confe rence or other event where the local p ublic officer is participating in the local public officer’s official capacity. B. Duty to file financial disclosure statement; contents; exceptions 1. In addition to other statements and reports required by law, every local public officer, as a matter of public record, shall file with the town clerk on a form prescribed by the town clerk a verified financial disclosure statement covering the preceding calendar year ending December 31. The statement shall disclose: a. The name and home or work address of the local public officer, whether the local public officer’s spouse is a member of the local public officer’s household, the number of minor children who are members of the local public officer’s household and all names and addresses under which each does business. If disclosure of the identity of the local public officer’s spouse or minor child would otherwise be required, a local public officer may comply with the identification requirement by using the term “spouse” or “minor child,” as applicable. b. The name and address of each employer and of each other source of compensation other than gifts amounting to more than $1,000.00 received duri ng the preceding calendar year by the local public officer and members of his or her household in their own names, or by any other person for the use or benefit of the local public office r or members of his or her household, a description of the services for which the compensation was received and the nature of the employer’s business. This paragraph shall not be construed to require the disclosure of Marana Town Council Regular Meeting 08/03/2021 Page 375 of 402 00070191.DOCX /3 Resolution No. 2021-113 - 3 - 7/29/2021 DU/JF individual items of compensation that constituted a portion of the gross income of the business from which the local public officer or members of his or her household derived compensation. c. For a controlled business, a description of the goods or services provided by the business, and if any s ingle source of compensation to the business during the preceding calendar year amounts to more than $10,000.00 and is more than 25% of the gross income of the business, the disclosure shall also include a description of the goods or services provided to the source of compensation. For a dependent business the statement shall disclose a description of the goods or services provided by the business and a description of the goods or services provided to the source of compensation from which the dependent business derived the amount of gross income described in paragraph A(4). If the source of compensation for a controlled or dependent b usiness is a business, the statement shall disclose a description of the business activities engaged in by the source of compensation. d. The names and addresses of all businesses and trusts in which the local public officer or members of his or her household, or any other person for the use or benefit of the local public officer or members of his or her household, had an ownership or beneficial interest of over $1,000.00 at any time during the preceding calendar year, and the name and addresses of all busines ses and trusts in which the local public officer or any member of his or her household held any office or had a fiduciary relationship at any time during the preceding calendar year, together with the amount or value of the interest and a description of th e interest, office or relationship . e. All real property interests and real property improvements, including specific locati on and approxi mate size, located in the Town of Marana, in which the local public officer, any member of his or her household or a controlled or depende nt business held legal title or a beneficial interest at any time during the preceding calendar year, and the value of any such interest, except that this paragraph does not apply to a real property interest and improvements thereon used a s the primary personal residence or for the personal recreational use of the local public officer. If a local public officer, any member of his or her household or a controlled or dependent business acquired or divested any such interest during the preced ing calendar year, he or she shall also disclose that the transaction was made and the date it occurred. If the controlled or dependent business is in the business of dealing in real property interests or improvements, disclosure need not include individu al parcels or transactions as long as the aggregate value of all parcels of such property is reported . Marana Town Council Regular Meeting 08/03/2021 Page 376 of 402 00070191.DOCX /3 Resolution No. 2021-113 - 4 - 7/29/2021 DU/JF f. The names and addresses of all creditors to whom the local public officer or members of his or her household, in their own names or in the name of any other person, owed a debt of more than $1,000.00 or to whom a controlled business or dependent business owed a debt of more than $10,000.00 which was also more than 30% of the total business indebtedness at any time during the preceding calendar year, listing each such creditor. This paragraph shall not be construed to require the disclosure of debts owed by the local public officer or any member of his or her household resulting from the ordinary conduct of a business other than a controlled or dependent bu siness. Nor shall disclosure be required of credit card transactions, retail installment contracts, debts on residences or recreational property exempt from disclosur e under paragraph B(1)(e), debts on motor vehicles not used for commercial purposes, debts secured by cash values on life insurance or debts owed to relatives. It is sufficient disclosure of a creditor if the name and address of a person to whom payments are made is disclosed. If the local public officer, and any member of his or her household or a controlled or dependent business incurred or discharged a debt which is reportable under this paragraph during the preceding calendar year, the report shall disclose that the transaction was made and the date it occurred. g. The identification and amo unt of each debt exceeding $1,000.00 owed at any time during the preceding calendar year to the local public officer and members of his or her household in their own names, or to any other person for the use or benefit of the local public officer or any me mber of his or her household. The disclosure shall include the identification and amount of each debt exceeding $10,000.00 to a controlled business or dependent business which was also more than 30% of the total indebtedness to the business at any time du ring the preceding calendar year. This paragraph shall not be construed to require the disclosure of debts from the ordinary conduct of a business other than a controlled or dependent business. If the local public officer, any member of his or her household or a controlled or dependent business incurred or discharged a debt which is reportable under this paragraph during the preceding year, the report shall disclose that the transaction was made and the date it occurred. h. The name of each source of a ny gift, or accumulated gifts from a single source, of more than $500.00 received by the local public officer and members of his or her household in their own names during the preceding calendar year, or by any other person for the use or benefit of the local public officer or any member of his or her household except gifts received by will or by virtue of intestate succession, or received by Marana Town Council Regular Meeting 08/03/2021 Page 377 of 402 00070191.DOCX /3 Resolution No. 2021-113 - 5 - 7/29/2021 DU/JF way of distribution from any inter vivos or testamentary trust established by a spouse or by an ancestor, of gifts r eceived from any other member of the household or relatives to the second degree of consanguinity. Travel -related expenses and political campaign contributions shall not be construed as gifts if otherwise publicly reported as required by law. i. A list of all business licenses issued, by the Town of Marana or by any other governmental agency which requires for its issuance the consideration of the application for such license by the town council of the Town of Marana, to, held by or in which the local public o fficer or any member of his or her household had an interest at any time during the preceding calendar year, including the name in which the license was issued, the type of business and its location . j. A list of all bonds, together with their value, issued by the Town of Marana, any industrial development authority of the Town or any nonprofit corporation organized or authorized by the Town and held at any time during the preceding calendar year by the l ocal public officer or any member of his or her househol d, which bonds issued by a single entity had a value in excess of $1,000.00. If the local public officer or any member of his or her household acquired or divested any bonds during the preceding calendar year which are reportable under this paragraph, the fact that the transaction occurred and the date shall also be shown. k. The name of each meeting, conference or other event where the local public officer is participating in the local public officer’s official capacity if travel -related expenses of $1,000.00 or more were incurred on behalf of the local public officer and the travel -related expenses are not paid by the local public officer. 2. If an amount or value is required to be reported pursuant to paragraph B, it is sufficient to report whether the amount or value of the equity interest falls within: a. Category 1, $1,000.00 to $25,000.00. b. Category 2, more than $25,000.00 to $100,000.00. c. Category 3, more than $100,000.00. 3. Paragraph B does not require the disclosure of any information that is privileged by law. 4. The statement required to be filed pursuant to paragraph B(1) shall be filed by all persons who qualified as local public officers at any time during the preceding calendar year on or before January 31 of each year, with the exceptions that a local public officer appointed to fill a vacancy shall, within 60 days fol lowing Marana Town Council Regular Meeting 08/03/2021 Page 378 of 402 00070191.DOCX /3 Resolution No. 2021-113 - 6 - 7/29/2021 DU/JF his or her taking of such office, file a financial disclosure statement covering as his or her annual period the 12-month period ending with the last full month prior to the date of his or her taking office, and a local public officer whose final te rm expires less than 31 days into the immediately following calendar y ear may file the local public officer’s final financial disclosure at the same time as the disclosure for the last immediately preceding year. 5. The town clerk shall prepare written guidel ines, forms and samples for completing the financial disclosure statement required by paragraph B. A copy of the guidelines, forms and samples shall be distributed to each local public officer and shall be made available to each candidate required to file a financial disclosure statement pursuant to paragraph C below. 6. Any statements that are required to be filed by a local public officer pursuant to this resolution adopted pursuant to A.R.S. § 38-545 may be filed in an electronic format as prescribed by the secretary of state. C. Duty to file financial disclosure statement by candidate for local public office . A candidate for local public office shall file a financial disclosure statement covering the preceding 12-month period and containing the information described in paragraph B on a form prescribed by the town clerk at the time of filing nomination papers. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jain Fairall , Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 379 of 402 RESOLUTION NO. 77-2 A RESOLUTION OF THE COMMON COUNCIL OF THE Town OF Marana , Pima COUNTY~ ARIZONA~ PRESCRIBING STANDARDS OF FINANCIAL DISCLOSURE FOR ELECTED OFFICIALS, AND DECLARING THIS RESOLUTION A PUBLIC RECORD. WHEREAS, pursuant to the provisions of Arizona Revised Statutes, Section No. 38-5h5, the ~ow~. of Mararia is required to adopt standards of financial disclosure consistent with the provisions of Title 38, Chapter 3.1, Article 1, Arizona Revised Statutes, and wheras the Common Council has determined that the standards of financial disclosure hereinafter adopted are with respect to the Town of Marana ,consistent with such standards of financial disclosure. NOW, THEREFORE, BE IT RESOLVED BY THE Common COUNCIL OF THE C~tTS~n OF Mararia , Pima COUNTt~, ARIZONA, AS FOLLOWS: Section 1: DEFINITION. A. "Compensation" means money, tangible things of value or financial benefit. B. "Immediate Family" means a spouse of a local public officer, and any minor child of whom he or she has legal custody. C. "Local Public Officer" means a person holding an elective office in the Town of Marana Section 2: DUTY TO FILE FINANCIAL DISCLOSURE STATEMENT EXCEPTIONS. A. In addition to other statements 8nd reports required by law~ each local public officer as a matter of public record shall file ~th the Town Clerk~ on a fo~ precribed by the Town Clerk, a verified statement disclosing: 1) His or her name, the name of each member of his or her i~me.~iate family, and all hemes under ,~hich they do business, 2) An indent~fication .~ each ~-' ~ '~p_o~r an~ of each other source .o~ com~eusatlon ~_mounting to mor~ th~n $l,000.OO ~unua!ly tn_ local public officer ~n~ his or her ir~edi~te f.~i.ly,raceiv~ ~V '~ oc~lptlon of the nature of the ~ for which +%m Marana Town Council Regular Meeting 08/03/2021 Page 380 of 402 compensation ~as received, except that this paragraph shkll not be construed to require the disclosure of information that may be privileged by law, nor the disclosure of individual items of com- pensation that constitute a portion of the gross income of the business or profession from which the local public officer and his or her immediate family derive compensation. 3) The name of every corporation, trust, business trust, partnership, or association in which the local public officer and his or her immediate family, or any other person for the use or benefit of the local public officer and his or her immediate family, have an investtuner or holdings of over $1,0OO.00 at the fat~ market value as of the date of the statement, or in which the local public officer or his or her immediate family hold any office, or have a fiduciary relationship, together with the description of the in- vestment, office or relationship, except that this paragraph does not require disclosure of the name of any bank or other financial institution with which the local public officer or member of his or her immediate family has a deposit or withdrawal share account.' 4) All real property interests located within the limits of the Town of Marana , including street a~dress, specific location, and approximate size or legal description, to which either the local public officer or his or her immediate hold legal title, or beneficial interest in, excluding his or her residence and property used primarily for personal recreation by the local public officer or his or her immediate family. 5) The names of all persons to whom the local public officer and his or her immediate family owe unsecured personal debts in excess of $1,000.00. 6) The source of each gift of more than $500.00 received by the local public officer and h~ or her immediate family in their own names during the preceding twelve months, or by any other person for the use or benefit of the local public officer or his or her imediate family, except gifts received by will or by v~rtue of in- testate or succession, or ~eceived by way of distribution from any intervivos or testamentary trust established by a spouse or by an ancestor, or gifts received from relatives. Political contribu- tions shall not be construed as gifts. Marana Town Council Regular Meeting 08/03/2021 Page 381 of 402 7) A description of all of the professional, occvpatton and business licenses in which either a local public officer or his or her immediate ffamily has an interest issued by the Town of Marana , or by any Arizona State Department, Agency, Cczm~ission~ Institution or inst~'~,entality, which requires for its issuance the consideration of the application by the Cc~aon Council~ ~i~cl,~_~g the n~e in which the license is issued~ the type of business or profession, and its location. B,' ~ne statement required to be filled p~suant_ to this section shall be filed each local-public offfficer on or heftore Jan- ua~y' 31off each year hereafter. ec~ion ~S D~TY TO FILE FINAL FINANCIAL ~ISOI~$URE STATEMenT B~ A O~DIDATE FOR T~E COUNCIL. A cendi~ate for a local Fublic office shall file a fi-~-ncial disclosure statement containing the information required as serfforth in Section 2 hereof on a form prescribed by the,. Town Clerk~ a~ the time of filing his or her signed nomination papers. Section 4: P~LIC RECORD. It is hereby declared that this resolution is a public record within the meaning of Section 9-~O1~ Arisona Revised Statutes. the PA~SED AND ADamTED by the Mayor and Common Council of Tow~" of Marana , this 2?th day of June . 1977. ATTEST: . EF~'~TIVE DATE June 27, 1977 APPROVED: Mayor Marana Town Council Regular Meeting 08/03/2021 Page 382 of 402 - 1 - Updated Financial Disclosure Standards Comparison with Marana Resolution No. 77-2 (Materially new language denoted by yellow highlights . Commentary denoted by [brackets with italicized text and teal highlights].) A. Definitions . In this resolution, unless the context otherwise requires [Resolution No. 77-2 only defines “Compensation,” Immediate Family” (which is “Member of household” here), and “Local Public Officer.”]: 1. “Business” includes any enterprise, organization, trade, occupation o r profession, whether or not operated as a legal entity or for profit, including any business trust, corporation, partnership, joint venture or sole proprietorship. 2. “Compensation” means anything of value or advantage, present or prospective, including the forgiveness of debt . 3. “Controlled business” means any business in which the local public officer or any member of his or her household has an ownership or beneficial interest, individually or combined, amounting to more than a 50% interest. 4. “Dependent business” means any business in which the local public officer or any member of his or her household has an ownership or beneficial interest, individually or combined, amounting to more than a 10% interest, and during the preceding calendar year the business received from a single source more than $10,000.00 and more than 50% of its gross income. 5. “Gift” includes any gratuity, special discount, favor, hospitality, service, economic opportunity, loan or other benefit received without equivalent consideration and not provided to members of the public at large. “Gift” does not include travel -related expenses that are publicly reported as required by law or political campaign contributions that are publicly reported pursuant to Title 16, Chapter 6 of the Arizona Revised Statutes . 6. “Local public officer” means a person holding an elective office of the Town of Marana. 7. “Member of household” means a l ocal public officer’s spouse and any minor child of whom the local public officer has legal custody . 8. “Travel-related expenses” means any costs associated with transportation, food, lodging and registration fees and other expenses directly related to travel to or from a meeting, conference or other event where the local public officer is participating in the local public officer’s official capacity. B. Duty to file financial disclosure statement; contents; exceptions 1. In addition to other statements and reports required by law, every local public officer, as a matter of public record, shall file with the to wn clerk on a form Marana Town Council Regular Meeting 08/03/2021 Page 383 of 402 - 2 - prescribed by the town clerk a verified financial disclosure statement covering the preceding calendar year ending December 31 . The statement shall disclose: a. [Members of Household] The name and home or work address of the local public o fficer, whether the local public officer’s spouse is a member of the local public officer’s household, the number of minor children who are members of the local public officer’s household and all names and addresses under which each does business. If disclosure of the identity of the local public officer’s spouse or minor child would otherwise be required, a local public officer may comply with the identification requirement by using the term “spouse” or “minor child,” as applicable. b. [Employment/Compensation ] The name and address of each employer and of each other source of compensation other than gifts amounting to more than $1,000.00 received duri ng the preceding calendar year by the local public officer and members of his or her household in their own names, or by any other person for the use or benefit of the local public officer or members of his or her household , a description of the services for which the compensation was received and the nature of the employer’s business. This paragraph shall not be construed to require the disclosure of individual items of compensation that constituted a portion of the gross income of the business from which the local public officer or me mbers of his or her household derived compensation . c. [Controlled/Dependent Businesses] For a controlled business, a description of the goods or services provided by the business, and if any single source of compensation to the business during the preceding calendar year amounts to more than $10,000.00 and is more than 25% of the gross income of the business, the disclosure shall also include a description of the goods or services provided to the source of compensation. For a dependent business the statement shall disclose a description of the goods or services provided by the business and a description of the goods or services provided to the source of compensation from which the dependent business derived the amount of gross income described in paragraph A(4). If the source of compensation for a controlled or dependent business is a business, the statement shall disclose a description of the business activities engaged in by the source of compensation. d. [Businesses/Trusts] The names and addresses of all busi nesses and trusts in which the local public officer or members of his or her household, or any other person for the use or benefit of the local public officer or members of his or her household, had an ownership or beneficial interest of over $1,000.00 at any time during the preceding calendar year, and the name and addresses of all businesses and trusts in which Marana Town Council Regular Meeting 08/03/2021 Page 384 of 402 - 3 - the local public officer or any member of his or her household held any office or had a fiduciary relationship at any time during the preceding calendar year, together with the amount or value of the interest and a description of the interest, office or relationship . [Resolution No. 77-2 has language excluding disclosure of “the name of any bank of other financial institution with which the local public officer [or a family member] has a deposit or withdrawal share account.”] e. [Real Property] All real property interests and real property improvements , including specific locati on and approxi mate size, located in the Town of Marana, in which the loc al public officer, any member of his or her household or a controlled or dependent business held legal title or a beneficial interest at any time during the preceding calendar year, and the value of any such interest , except that this paragraph does not ap ply to a real property interest and improvements thereon used as the primary personal residence or for the personal recreational use of the local public officer. If a local public officer, any member of his or her household or a controlled or dependent bu siness acquired or divested any such interest during the preceding calendar year, he or she shall also disclose that the transaction was made and the date it occurred. If the controlled or dependent business is in the business of dealing in real property interests or improvements, disclosure need not include individual parcels or transactions as long as the aggregate value of all parcels of such property is reported . f. [Debts Incurred] The names and addresses of all creditors to whom the local public officer or members of his or her household, in their own names or in the name of any other person , owed a debt of more than $1,000.00 or to whom a controlled business or dependent business owed a debt of more than $10,000.00 which was also more than 30% of the total business indebtedness at any time during the preceding calendar year, listing each such creditor. This paragraph shall not be construed to require the disclosure of debts owed by the local public offic er or any member of his or her household resulting from the ordinary conduct of a business other than a controlled or dependent business. Nor shall disclosure be required of credit card transactions, retail installment contracts, debts on residences or re creational property exempt from disclosure under paragraph B(1)(e), debts on motor vehicles not used for commercial purposes, debts secured by cash values on life insurance or debts owed to relatives. It is sufficient disclosure of a creditor if the name and address of a person to whom payments are made is disclosed. If the local public officer, and any member of his or her household or a controlled or dependent business incurred or discharged a debt which is reportable under this paragraph during the pre ceding calendar year, Marana Town Council Regular Meeting 08/03/2021 Page 385 of 402 - 4 - the report shall disclose that the transaction was made and the date it occurred. g. [Debts Owed] The identification and amount of each debt exceeding $1,000.00 owed at any time during the preceding calendar year to the local public offi cer and members of his or her household in their own names, or to any other person for the use or benefit of the local public officer or any member of his or her household. The disclosure shall include the identification and amount of each debt exceeding $10,000.00 to a controlled business or dependent business which was also more than 30% of the total indebtedness to the business at any time during the preceding calendar year. This paragraph shall not be construed to require the disclosure of debts from the ordinary conduct of a business other than a controlled or dependent business. If the local public officer, any member of his or her household or a controlled or dependent business incurred or discharged a debt which is reportable under this paragraph during the preceding year, the report shall disclose that the transaction was made and the date it occurred . h. [Gifts] The name of each source of any gift, or accumulated gifts from a single source, of more than $500.00 received by the local public officer and members of his or her household in their own names during the preceding calendar year, or by any other person for the use or benefit of the local public officer or any member of his or her household except gifts received by will or by virtue of intestat e succession, or received by way of distribution from any inter vivos or testamentary trust established by a spouse or by an ancestor, of gifts received from any other member of the household or relatives to the second degree of consanguinity. Travel -related expenses and political campaign contributions shall not be construed as gifts i f otherwise publicly reported as required by law. i. [Business Licenses] A list of all business licenses issued, by the Town of Marana or by any other governmental agency w hich requires for its issuance the consideration of the application for such license by the town council of the Town of Marana, to, held by or in which the local public officer or any member of his or her household had an interest at any time during the preceding calendar year, including the name in which the license was issued, the type of business and its location. [Resolution No. 77-2 refers to “professional, occupation and business licenses.”] j. [Bonds] A list of all bonds, together with their value, issu ed by the Town of Marana, any industrial development authority of the Town or any nonprofit corporation organized or authorized by the Town and held at Marana Town Council Regular Meeting 08/03/2021 Page 386 of 402 - 5 - any time during the preceding calendar year by the local public officer or any member of his or her hous ehold, which bonds issued by a single entity had a value in excess of $1,000.00. If the local public officer or any member of his or her household acquired or divested any bonds during the preceding calendar year which are reportable under this paragraph, the fact that the transaction occurred and the date shall also be shown . k. [Official Capacity Travel Expenses] The name of each meeting, conference or other event where the local public officer is participating in the local public officer’s official capacity if travel -related expenses of $1,000.00 or more were incurred on behalf of the local public officer and the travel - related expenses are not paid by the local public officer . 2. If an amount or value is required to be reported pursuant to paragraph B, it is sufficient to report whether the amount or value of the equity interest falls within: a. Category 1, $1,000.00 to $25,000.00. b. Category 2, more than $25,000.00 to $100,000.00. c. Category 3, more than $100,000.00. 3. Paragraph B does not require the disclosure of any information that is privileged by law. [Resolution No. 77-2 covers this in Section A(2) (Section B(1)(b) above), but only as to that section. This expands it to apply more broadly.] 4. The statement required to be filed pursuant to paragraph B(1) shall be filed by all persons who qualified as local public officers at any time during the preceding calendar year on or before January 31 of each year, with the exceptions that a local public officer appointed to fill a vacanc y shall, within 60 days following his or her taking of such office, file a financial disclosure statement covering as his or her annual period the 12-month period ending with the last full month prior to the date of his or her taking office, and a local pu blic officer whose final term expires less than 31 days into the immediately following calendar year may file the local public officer’s final financial disclosure at the same time as the disclosure for the last immediately preceding year. 5. The town clerk shall prepare written guidelines, forms and samples for completing the financial disclosure statement required by paragraph B. A copy of the guidelines, forms and samples shall be distributed to each local public officer and shall be made available to each candidate required to file a financial disclosure statement pursuant to paragraph C below. 6. Any statements that are required to be filed by a local public officer pursuant to this resolution adopted pursuant to A.R.S. § 38 -545 may be filed in an electronic format as prescribed by the secretary of state . Marana Town Council Regular Meeting 08/03/2021 Page 387 of 402 - 6 - C. Duty to file financial disclosure statement by candidate for local public office . A candidate for local public office shall file a financial disclosure statement covering the preceding 12-month period and containing the information described in paragraph B on a form prescribed by the town clerk at the time of filing nomination papers. Marana Town Council Regular Meeting 08/03/2021 Page 388 of 402 Council-Regular Meeting D1 Meeting Date:08/03/2021 To:Mayor and Council From:Jane Fairall, Town Attorney Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-114: Relating to Municipal Court, reappointing Laine McDonald as Marana Town Magistrate for a two-year term beginning October 1, 2021; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Laine McDonald (Jane Fairall) Discussion: On September 1, 2015, the Town Council appointed Laine McDonald as Marana Town Magistrate for a two-year term beginning on October 1, 2015 and ending September 30, 2017. On September 19, 2017, Judge McDonald was subsequently reappointed for another two-year term, and on September 3, 2019, she was appointed for another two-year term. In the years since her appointment, Judge McDonald has implemented several new programs and increased efficiencies within the court, while taking charge of both the judicial and administrative functions. The proposed item on tonight's agenda will reappoint Judge McDonald for another two-year term as the Marana Town Magistrate. Judge McDonald's contract for the 2019 - 2021 term called for compensation in the amount of $145,000.00 for the first year of the agreement, from October 1, 2019 through September 30, 2020, and $160,000.00 for the second year of the agreement, from October 1, 2020 through September 30, 2021. A proposed new agreement is included within the Council packet for consideration. The new agreement will maintain the same benefits and terms and conditions as the previous agreement, and includes a two-year term through September 30, 2023. The amount of compensation will remain at $160,000 for the contract term. An executive session has also been scheduled on tonight's agenda for discussion of the Marana Town Council Regular Meeting 08/03/2021 Page 389 of 402 Town Magistrate's employment and contract, if needed. Financial Impact: The Court's department budget has adequate existing budgetary capacity to pay for the Town Magistrate's salary and benefits. Staff Recommendation: Council's pleasure Suggested Motion: I move to adopt Resolution No. 2021-114, reappointing Laine McDonald as Marana Town Magistrate for a two-year term beginning October 1, 2021, and approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Laine McDonald. Attachments Resolution 2021-114 Exhibit A - Employment Agreement Marana Town Council Regular Meeting 08/03/2021 Page 390 of 402 00076447.DOCX /1 Resolution No. 2021 -114 MARANA RESOLUTION NO. 2021-114 RELATING TO MUNICIPAL COURT; REAPPOINTING LAINE MCDONALD AS MARANA TOWN MAGISTRATE FOR A TWO -YEAR TERM BEGINNING OCTOBER 1, 2021; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND LAINE MCDONALD WHEREAS Marana Town Code Chapter 5-2 provides that the Town Council shall appoint a Town Magistrate as the presiding officer of the municipal court and that the Town Magistrate shall be appointed to a two -year term; and WHEREAS the position of Marana Town Magistrate is currently held by Laine McDonald, who has served in that position since 2015 ; and WHEREAS Laine McDonald is a member in good standing of the State Bar of Arizona with extensive courtroom experience; and WHEREAS the Town Council finds that the reappointment of Laine McDonald as Marana Town Magistrate is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Laine McDonald is hereby reappointed as Marana Town Magistrate for a two -year term beginning on October 1, 20 21, and that the Town Magistrate Employment Agreement attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 391 of 402 Exhibit A to Marana Resolution No. 2021-114 00076438.DOC /2 PAGE 1 OF 3 TOWN MAGISTRATE EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (“this Agreement”) is made by and between the TOWN OF MARANA , an Arizona municipal corporation (the “Town”), and LAINE P. MCDONALD (the “Judge”) for magistrate services. The Town and the Judge are collectively referred to in this Agreement as the “Parties” and are sometimes individually referred to as the “Party.” RECITALS A. The Town has established the Marana Municipal Court pursuant to A.R.S. § 22-402, and has established the position of Marana Town Magistrate pursuant to A.R.S. § 22-403. B. The Judge is a member in good standing of the State Bar of Arizona with extensive Arizona courtroom experience. C. The Judge is currently the Marana Town Magistrate, and the Parties desire for the Judge to continue as Marana Town Magistrate pursuant to this Agreement. N OW , THEREFORE, in consideration of the foregoing premises and the mutual promise s and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Magistrate Appointment and Compensation 1.1. Appointment. The Town hereby appoints and employs the Judge as Marana Town Magistrate for a two-year term beginning October 1, 2021 and ending September 30, 2023. 1.2. Compensation. The Judge shall be paid a base salary of $160,000.00 per year for the period of this Agreement. 1.3. Continuing Legal Education. The Town shall pay registration fees, mileage expenses and standard reasonable lodging and meal reimbursements for the Judge to attend the annual Arizona Judicial Conference and other seminars within the State of Arizona that are required to satisfy the Judge’s continuing legal education requirements. 1.4. Status. For purposes of determining employee benefits, the Judge shall be an employee of the Town, and not an independent contractor, and shall receive all of the normal employee benefits accruing to other Town employees with the following clarifications. 1.4.1. In addition to the managed time off (MTO) leave hours generally provided to most full-time Town employees on an annual basis, the Judge shall be granted an additional 40 hours of MTO leave annually. 1.4.2. The Judge shall accrue vacation leave at the rate set forth in the Town’s personnel policies, depending upon the Judge’s length of service as an employee with the Town. 1.5. Judicial Independence. Notwithstanding the Judge’s status as a Town employee for purposes of determining benefits, the authority, if any, of the Town over the Judge shall be limited given the obligation to maintain the independence and integrity of the judiciary. Nevertheless, the Parties agree that the Judge shall comply with all applicable State and Federal laws, and that the Town’s personnel policies and administrative directives shall apply to the Marana Municipal Court and its employees. Marana Town Council Regular Meeting 08/03/2021 Page 392 of 402 Exhibit A to Marana Resolution No. 2021-114 00076438.DOC /2 PAGE 2 OF 3 1.6. Administrative Modifications. The parties recognize that changes in Magistrate Court personnel and fluctuations in Magistrate Court usage may require modification of the administrative duties of the Marana Town Magistrate and other Magistrate Court employees . The parties agree to cooperate and coordinate in making adjustments to the duties of the Marana Magistrate and other Magistrate Court employees, as necessary, to adjust to these changes. Article 2. Full Time Employment The Parties acknowledge and agree that the position of Marana Town Magistrate is a full time, forty-hour a week job, considering the Marana Town Magistrate’s duties at the Magistrate Court and responsibility to attend other meetings and functions of the Court and the Town. Consequently, the Judge shall typically work normal work hours (Monday through Friday, 8 A.M. to 5 P.M.), vacation, personal, and sick days and holidays excepted. Article 3. Community Service The Judge shall be available for and participate in such community outreach and community service activities as the Judge determines are consistent with a nd do not create a conflict of interest or any appearance of impropriety with her position as Town Magistrate. Any hours spent participating in community service activities shall be included for purposes of work load tracking under Article 2. Article 4. Termination 4.1. By the Judge. The Judge may terminate this Agreement at any time . 4.2. By the Town. The Town may terminate this Agreement in any manner consistent with the laws of the State of Arizona, including without limitation termination for cause after a due process hearing or upon removal of the Judge from the office of Marana Town Magistrate by the Arizona Supreme Court pursuant to Article 6.1, Section 2 or Section 3 of the Arizona Constitution. 4.3. By Death. This Agreement automatically terminates upon the Judge’s death. 4.4. By Term. This Agreement terminates on September 30, 2023, if not previously terminated pursuant to other provisions of this Article. 4.5. Effect of Termination. The Judge’s status as a Town employee, and her rights to receive compensation and benefits, shall terminate upon the termination of this Agreement. The amount of the Judge’s compensation shall be pro-rated based on the termination date. Article 5. General Terms and Conditions. 5.1. Effective Date. This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the “Effective Date”). 5.2. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 5.3. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. Marana Town Council Regular Meeting 08/03/2021 Page 393 of 402 Exhibit A to Marana Resolution No. 2021-114 00076438.DOC /2 PAGE 3 OF 3 5.4. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. 5.5. Interpretation. This Agreement has been negotiated by the Town and the Judge, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. 5.6. Conflict of Interest. This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. “THE TOWN”: THE TOWN OF MARANA , an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Cherry L. Lawson, Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney “THE JUDGE”: LAINE P. MCDONALD Laine P. McDonald Date: Marana Town Council Regular Meeting 08/03/2021 Page 394 of 402 Council-Regular Meeting D2 Meeting Date:08/03/2021 To:Mayor and Council From:Laine McDonald, Town Magistrate Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-115: Relating to Municipal Court; ratifying the temporary appointment and approving the appointment of Michael Pollard, approving the appointment of David Deibel, and approving the reappointment of Frank Anjakos, Maria Felix, and Ronald Newman as magistrates pro tempore for the Marana Municipal Court (Laine McDonald) Discussion: The Marana Town Code provides that the Town Council may appoint special magistrates or acting magistrates, also known as magistrates pro tempore, for the purposes of hearing a particular case or acting as the Town Magistrate in the Town Magistrate’s absence. Town Magistrate Laine McDonald has adopted procedures for the appointment of part-time and temporary magistrates pro tempore, consistent with Section 1-305 of the Arizona Code of Judicial Conduct. Those procedures allow for the temporary appointment of part-time magistrates pro tempore by the Town Magistrate, if the need arises, to serve on an as-needed basis until such time as a formal recruitment and appointment can be completed. Those procedures provide that temporary appointments shall be ratified by the Town Council at the Council’s next regularly scheduled meeting. Judge McDonald temporarily appointed Michael Pollard on July 12, 2021, consistent with this policy. Judge McDonald now brings forth his appointment for ratification by the Town Council. On September 17, 2019, the Town Council appointed Frank Anjakos, Maria Felix, and Ronald Newman as magistrates pro tempore for terms concurrent with the term of the Town Magistrate, set to expire September 30, 2021. Judge McDonald's reappointment Marana Town Council Regular Meeting 08/03/2021 Page 395 of 402 for a two-year term commencing October 1, 2021 and ending September 30, 2023 is before you for consideration this evening as well. Should you approve Judge McDonald's reappointment she is recommending appointment of Frank Anjakos, Maria Felix, and Ronald Newman as magistrates pro tempore for terms concurrent with her term. Additionally, Judge McDonald recommends that additional pro tem judges be appointed to ensure full court coverage. As a result, Judge McDonald conducted an open process calling for applications for the position. After review of those applications, Judge McDonald now recommends that the Council appoint David Deibel and Michael Pollard as additional magistrates pro tempore, to be used as-needed when Judge McDonald is unavailable for court. Based on Judge McDonald's review, all recommended individuals meet the qualifications imposed by Arizona law and the Court's requirements for service as a judge pro tempore, and possess the requisite skill and character to perform the duties of a judge pro tempore. Staff Recommendation: Staff recommends ratification of the temporary appointment of Michael Pollard, appointment of David Deibel and Michael Pollard, and reappointment of Frank Anjakos, Maria Felix, and Ronald Newman as magistrates pro tempore. Suggested Motion: I move to adopt Resolution No. 2021-115, ratifying the temporary appointment of Michael Pollard, approving the appointment of David Deibel and Michael Pollard, and approving the reappointment of Frank Anjakos, Maria Felix, and Ronald Newman as magistrates pro tempore. Attachments Resolution 2021-115 Marana Town Council Regular Meeting 08/03/2021 Page 396 of 402 - 1 - MARANA RESOLUTION NO. 2021-115 RELATING TO MUNICIPAL COURT; RATIFYING THE TEMPORARY APPOINTMENT AND APPROVING THE APPOIN TMENT OF MICHAEL POLLARD, APPROVING THE APPOINTMENT OF DAVID DEIBEL, AND APPROVING THE REAPPOINTMENT OF FRANK ANJAKOS, MARIA FELIX, AND RONALD NEWMAN AS MAGISTRATES PRO TEMPORE FOR THE MARANA MUNICIPAL COURT. WHEREAS Section 5-2-1 of the Marana Town Code provides that the Town Council may appoint special magistrates or acting magistrates, also known as magistrates pro tempore, for the purposes of hear- ing a particular case or acting as the Town Magistrate in the Town Magistrate’s a bsence; and WHEREAS the Town Council, upon recommendation of the Town Magistrate, the Honor able Laine McDonald, has determined that it is necessary to appoint qualified individuals to serve as magistrates pro tempore on an as-needed basis in the Marana Municipal Court; and WHEREAS consistent with Section 1-305 of the Arizona Code of Judicial Conduct Judge McDonald has adopted procedures for appointment of part-time and temporary magistrates pro tempore of the Marana Municipal Court; and WHEREAS those procedures allow for the temporary appointment part-time magistrates pro tem- pore by the Town Magistrate, if the need arises, to serve on an as -needed basis until such time as a formal recruitment and appointment can be completed; and WHEREAS those procedures provide that temporary appointments shall be ratified by the Town Council at the Council’s next regularly scheduled meeting; and WHEREAS on July 12, 2021, Judge McDonald appointed Michael Pollard as a temporary magis- trate pro tempore until such time as his appointment could be ratified; and WHEREAS the Town Magistrate solicited applications for magistrates pro tempore and based up- on applications received and reviewed by the Town Magistrate, recommends that the Town Council ap- point David Deibel and Michael Pollard to serve as magistrate pro tempore on an as-needed basis; and WHEREAS on September 17, 2019, via Resolution No. 2019-092, the Town C ouncil appointed Frank Anjakos and reappointed Maria Felix and Ronald Newman as magistrates pro tempore with terms expiring on September 30, 2021; and WHEREAS the Town Magistrate recommends that the Town C ouncil reappoint Frank Ajakos, Maria Felix, and Ronald Newman to continue their service as magistrates pro tempore on an as-needed basis; and Marana Town Council Regular Meeting 08/03/2021 Page 397 of 402 - 2 - WHEREAS the Town Council finds that these individuals meet the qualifications imposed by Arizo- na law and possess the requisite skill and character to perform as magistrates pro tempore. N OW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the temporary appointment of Michael Pollard is hereby ratified, that David Deibel and Michael Pollard are hereby appointed, and that Frank Anjakos, Maria Felix, and Ronald Newman are hereby reappointed, to serve as magistrates pro tempore for the Marana Municipal Court on an as-needed basis, effective October 1, 2021 through September 30, 2023. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizo na, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 398 of 402 Council-Regular Meeting D3 Meeting Date:08/03/2021 To:Mayor and Council From:Laine McDonald, Town Magistrate Date:August 3, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-116: Relating to Municipal Court; approving the appointment of Ramona Silence and the reappointment of Dixie DeBonis and Kimberly Epling as civil traffic violation hearing officers for the Marana Municipal Court (Laine McDonald) Discussion: A.R.S. Section 28-1553 and Marana Town Code Section 5-2-3 provide that the Town Magistrate, with the approval of the Town Council, may appoint one or more hearing officers to preside over civil traffic violation cases. For a number of years, in the interests of efficiency and timely customer service, a civil traffic violation hearing officer has been appointed to assist with signing minute entries pertaining to civil traffic cases as well as signing orders amending civil traffic cases, when the judge is unavailable. On June 6, 2017, the Council appointed Kimberly Epling as a civil traffic violation hearing officer for Marana Municipal Court. Ms. Epling was reappointed on December 4, 2018 and October 15, 2019. On December 4, 2018, the Council appointed Dixie DeBonis as a civil traffic violation hearing officer for Marana Municipal Court. Ms. DeBonis was reappointed October 15, 2019. Both terms expire on September 30, 2021, contemporaneously with the expiration of the Town Magistrate's term. Additionally to ensure consistent availability of a civil traffic violation hearing officer Judge McDonald recommends appointment of a third civil traffic violation hearing officer, Ramona Silence. Town Magistrate Laine McDonald's reappointment to an additional two-year term commencing October 1, 2021 and expiring September 30, 2023 is on tonight's agenda for your consideration. Should Judge McDonald be reappointed she recommends approval Marana Town Council Regular Meeting 08/03/2021 Page 399 of 402 of the appointment of Ramona Silence and the reappointment of Kimberly Epling and Dixie DeBonis as civil traffic violation hearing officers. Ms. Silence has completed the Arizona Supreme Court Civil Hearing Officer training program and has exemplary performance in her current role of court clerk. Both Ms. Epling and Ms. DeBonis have had exemplary performance in their roles as civil traffic violation hearing officers since their initial appointments. Staff Recommendation: Staff recommends approving the appointment of Dixie DeBonis, Kimberly Epling, and Ramona Silence as civil traffic violation hearing officers for Marana Municipal Court. Suggested Motion: I move to adopt Resolution No. 2021-116 approving the appointment of Ramona Silence and the reappointment of Dixie DeBonis and Kimberly Epling as civil traffic violation hearing officers for the Marana Municipal Court. Attachments Resolution 2021-116 Marana Town Council Regular Meeting 08/03/2021 Page 400 of 402 MARANA RESOLUTION NO . 2021-116 RELATING TO MUNICIPAL COURT; APPROVING THE APPOIN TMENT OF RAMONA SILENCE AND THE REAPPOINTMENT OF DIXIE DEBONIS AND KIMBERLY EPLING AS CIVIL TRAFFIC VIOLATION HEARING OFFICERS FOR THE MARANA MUNIC IPAL COURT WHEREAS Section 5-2-3 of the Town Code provides that the Town Magistrate, with the approval of the Town Council, may appoint one or more hearing officers to preside over civil traffic violation cases; and WHEREAS the Marana Municipal Court has an additiona l need for civil traffic violation hearing officers and the terms of the current civil traffic violation hearing officers are expiring; and WHEREAS the Town Magistrate wishes to appoint Ramona Silence to serve as a civil traffic violation hearing officer on as-needed basis; and WHEREAS Dixie DeBonis was appointed as a civil traffic violation hearing officer on December 4, 2018 and reappointed October 15, 2019, and her term expires September 30, 2021, and the Town Magistrate wishes to reappoint Dixie DeBonis as a civil traffic violation hearing officer; and WHEREAS Kimberly Epling was appointed as a civil traffic violation hearing officer on June 6, 2017, reappointed December 4, 2018, and reappointed October 15, 2019, and her term expires September 30, 2021, and the Town Magistrate wishes to reappoint Kimberly Epling as a civil traffic violation hearing officer ; and WHEREAS the Town Council finds that Dixie DeBonis, Kimberly Epling, and Ramona Silence possess the requisite skill and character to perform as civil traffic violation hearing officer s . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the appointment of Ramona Silence and the reappointment of Dixie DeBonis and Kimberly Epling to serve as civil traffic violation hearing officers on an as-needed basis, with a term starting October 1, 2021 and expiring on September 30, 2023. SECTION 2. The Town Council further directs that the hearing officers, Dixie DeBonis, Kimberly Epling, and Ramona Silence, who are regular employees of the Town, shall receive no additional compensation as hearing officer other than her regular pay and benefits as an employee of the Town. Marana Town Council Regular Meeting 08/03/2021 Page 401 of 402 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting 08/03/2021 Page 402 of 402