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HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 11-16-2021MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 16, 2021, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on November 16, 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 Regular Council Meeting 11/16/2021 Page 1 of 211 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 Regular Council Meeting 11/16/2021 Page 2 of 211 future agenda.   PROCLAMATIONS   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   P1 Relating to Budget; presentation of first quarter results (July-September) for the Town's General Fund and other selected major funds for the 2021-2022 fiscal year (Yiannis Kalaitzidis)   CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately.   C1 Resolution No. 2021-143: Relating to Development; approving the Amended Final Plat for Linda Vista Village at Cascada, Village I (Lots 1-39), Village II (Lots 1-93), Village III (Lots 1-131), Blocks I-VII, and Common Areas “A”, “B”, “C”, “D”, “E”, “F”, “G”, and “H” located southeast of Twin Peaks Road and north and south of Linda Vista Boulevard (Brian D. Varney)   C2 Resolution No. 2021-144: Relating to Development; approving a final plat for Canyon Pass II at Dove Mountain, Lots 75A - 76A located northeast of the intersection of Dove Mountain Boulevard and Dove Canyon Pass within Section 18, Township 11 South and Range 13 East (Brian D. Varney)   C3 Resolution No. 2021-145: Relating to Budget; approving the transfer of $250,000, $28,000 and $13,000 in budgeted expenditure authority from the General Fund contingency line item to the restricted budget line items within the Police Department, the Town Manager's Office and the Development Services Department, respectively, in the fiscal year 2020-2021 budget (Yiannis Kalaitzidis)   C4 Approval of the Regular Council Meeting Summary Minutes of November 3, 2021 (Cherry L. Lawson)   Marana Regular Council Meeting 11/16/2021 Page 3 of 211 LIQUOR LICENSES   BOARDS, COMMISSIONS AND COMMITTEES   B1 Presentation: Relating to Boards, Commissions and Committees; discussion and consideration of input and development of recommendations from the Fall 2021 Marana Citizens' Forum on the topic "Community Health Dashboard/Marana Livability Index" (Heath Vescovi-Chiordi).   B2 Resolution No. 2021-146: Relating to Boards, Commissions, and Committees; appointing a Town of Marana citizen representative to the Tucson-Pima County Bicycle Advisory Committee (Brian D. Varney)    COUNCIL ACTION   A1 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)   A2 PUBLIC HEARING: Ordinance No. 2021.023: Relating to Development; approving an amendment to Marana Ordinance No. 2005.02, which rezoned approximately 2.2 acres of land generally located in the 8300 block of N. Silverbell Road, south of Somerton Drive, from Zone ‘C’ (Large Lot Zone) to Zone ‘CO’ (Commercial Office), to remove a rezoning condition that restricted the use of the parcel to a veterinary clinic and storage unless otherwise approved by the Planning Commission and Town Council (Cynthia Ross)   A3 PUBLIC HEARING: Ordinance No. 2021.024: Related to Development; approving a rezoning of approximately .93 acres from Commercial Office (CO) to Neighborhood Commercial (NC) and .16 acres from Zone C (Large Lot Zone) to Neighborhood Commercial (NC) generally located at 8380 N. Silverbell Road, on the east side of Silverbell Road, south of Somerton Drive and west of Sayante Way (Cynthia Ross)   A4 Ordinance No. 2021.025: Relating to Public Nuisance and Property Preservation; amending the Marana Town Code by adopting new Title 18 entitled Public Nuisance and Property Preservation establishing public nuisance and property preservation standards for the health and safety of the citizens of the Town of Marana; defining and establishing penalties for violations and providing for enforcement procedures; deleting Marana Town Code Chapter 10-2 (Maintenance of Property), Chapter 11-7 (Storage of Marana Regular Council Meeting 11/16/2021 Page 4 of 211 Inoperable or Junked Vehicle), Section 11-3-3 (Graffiti Prohibited; Abatement Procedures; Penalty), and Section 10-1-4 (Illegal Dumping; Classification); and designating an effective date (Lisa Shafer)    Resolution No. 2021-147: Relating to Public Nuisance and Property Preservation; declaring as a public record filed with the Town Clerk Marana Town Code Title 18 (Public Nuisance and Property Preservation) adopted by Ordinance No. 2021.025 (Lisa Shafer)   A5 Resolution No. 2021-148: Relating to Public Nuisance and Property Preservation; Review and approval of the Town of Marana Code Enforcement Policy for enforcing Marana Town Code Title 18 (Public Nuisance and Property Preservation) (Lisa Shafer)   A7 Resolution No. 2021-149: Relating to Real Estate; vacating unneeded public right-of-way located south of Adonis Road and north of Tangerine Road and authorizing the Town Engineer to sign a quit claim deed of abandonment for the unneeded right-of-way (George Cardieri)   A8 Resolution No. 2021-150:  Relating to Personnel; approving and adopting amendments to the Town’s Personnel Policies and Procedures, revising Chapter 3 - Classification and Compensation by adding new Policy 3-13 "Second Language Pay” and revising Policy 3-6 "Holiday Pay"; approving the transfer of up to $150,000 in budgeted expenditure authority from the General Fund contingency line item to the applicable personnel costs line items within the applicable departments and/or funds in the Fiscal Year 2021-2022 budget as needed for Second Language Pay, increased Holiday Pay and increased Shift Differential Pay (Curry C. Hale)   ITEMS FOR DISCUSSION / POSSIBLE ACTION   D1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema)      EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters.   E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for    Marana Regular Council Meeting 11/16/2021 Page 5 of 211 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     Marana Regular Council Meeting 11/16/2021 Page 6 of 211      Council-Regular Meeting   P1        Meeting Date:11/16/2021   To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:November 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Relating to Budget; presentation of first quarter results (July-September) for the Town's General Fund and other selected major funds for the 2021-2022 fiscal year (Yiannis Kalaitzidis) Discussion: The purpose of this item is to present a summary of the Town's first quarter financial results (July-September) for the Town's General Fund and other selected major funds for fiscal year 2021-2022. It is important to note that these results are preliminary, unaudited and subject to change based upon adjusting entries, as necessary.  The attached provides a high-level revenue and expenditure summary at the end of the current quarter. Revenue Overall, revenues are within or above expectations for all funds at this time of the year. Revenues for the General Fund are better than expected due to better than anticipated sales taxes in most categories except for construction related taxes, as some anticipated commercial projects have not yet commenced.   HURF fund revenues are just above expectations, while Bed Tax fund revenues are meeting expectations as the hospitality sector continues to recover after a sharp downturn caused by the pandemic. Transportation fund revenues are slightly below expectations at this time of year.  While we continue to experience strong demand for residential permits, some large commercial projects have not yet commenced.  We anticipate this area of revenue to recover over the next few quarters. Charges for services revenues in the enterprise funds are within expectations for this time of year.  Marana Regular Council Meeting 11/16/2021 Page 7 of 211 Additional detail on these variances is included within the visualization slides attached to this item. Expenditures Expenditures in all funds are at or below expectations.  This is primarily due to the timing of one-time projects and programs which are expected to occur in future quarters.  In particular there are several projects that are funded by the Transportation fund that should pick up steam as we enter the next few quarters.  The Water and Water reclamation funds are within expectations when excluding debt service payments that happen during the first quarter of the fiscal year. Staff Recommendation: Presentation of first quarter results only. Suggested Motion: Presentation of first quarter results only. Attachments FY2021-2022 First Quarter Financial Update Marana Regular Council Meeting 11/16/2021 Page 8 of 211 Financial Brief: First Quarter Fiscal Year 2021 – 2022 Prepared by: Finance Department Marana Regular Council Meeting 11/16/2021 Page 9 of 211 Contents Summary 1 General Fund Revenues 2 General Fund Expenses 3 HURF Revenues 4 HURF Expenses 5 Transportation Fund Revenues 6 Transportation Fund Expenses 7 Bed Tax Fund Revenues 8 Bed Tax Fund Expenses 9 Water Revenues 10 Water Expenses 11 Water Reclamation Revenues 12 Water Reclamation Expenses 13 Airport Revenues 14 Airport Expenses 15 Marana Regular Council Meeting 11/16/2021 Page 10 of 211 1 Marana Regular Council Meeting 11/16/2021 Page 11 of 211 2 Marana Regular Council Meeting 11/16/2021 Page 12 of 211 3 Marana Regular Council Meeting 11/16/2021 Page 13 of 211 4 Marana Regular Council Meeting 11/16/2021 Page 14 of 211 5 Marana Regular Council Meeting 11/16/2021 Page 15 of 211 6 Marana Regular Council Meeting 11/16/2021 Page 16 of 211 7 Marana Regular Council Meeting 11/16/2021 Page 17 of 211 8 Marana Regular Council Meeting 11/16/2021 Page 18 of 211 9 Marana Regular Council Meeting 11/16/2021 Page 19 of 211 10 Marana Regular Council Meeting 11/16/2021 Page 20 of 211 11 Marana Regular Council Meeting 11/16/2021 Page 21 of 211 12 Marana Regular Council Meeting 11/16/2021 Page 22 of 211 13 Marana Regular Council Meeting 11/16/2021 Page 23 of 211 14 Marana Regular Council Meeting 11/16/2021 Page 24 of 211 15 Marana Regular Council Meeting 11/16/2021 Page 25 of 211      Council-Regular Meeting   C1        Meeting Date:11/16/2021   To:Mayor and Council From:Brian Varney, Senior Planner Date:November 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-143: Relating to Development; approving the Amended Final Plat for Linda Vista Village at Cascada, Village I (Lots 1-39), Village II (Lots 1-93), Village III (Lots 1-131), Blocks I-VII, and Common Areas “A”, “B”, “C”, “D”, “E”, “F”, “G”, and “H” located southeast of Twin Peaks Road and north and south of Linda Vista Boulevard (Brian D. Varney) Discussion: Request Presidio Engineering, representing Red Point Development, is requesting approval of the Amended Final Plat for Linda Vista Village at Cascada. The proposed amended plat includes 263 residential lots, seven blocks, and Common Areas 'A', 'B', 'C', 'D', 'E', 'F', 'G', and 'H'. The Town Council adopted Resolution No. 2020-099 on September 15, 2020, approving the final plat for Linda Vista Village at Cascada, Village I (Lots 1-39), Village II (Lots 1-93), Village III (Lots 1-131), Blocks I-VII, and Common Areas “A”, “B”, “C”, “D”, “E”, “F”, “G”, and “H”. The property owner is proposing to amend the final plat to account for the following: Removal of an AT&T communication systems easement (DKT. 103, PG. 225 Miscellaneous Records) 1. Removal of a Temporary Construction Easement (DKT. 13421, PG. 3661)2. Incorporate into the plat a number of various corrections to dimensions within the plat that were included in a Scrivener's Error (Sequence No. 20203560158) recorded by the property owner after the Town's approval of the final plat.     3. Fidelity National Title Insurance Company has removed the Temporary Construction Marana Regular Council Meeting 11/16/2021 Page 26 of 211 Easement (DKT. 13421, PG. 3661) from the title report, as the work has been completed, and the easement is no longer needed. They have also removed the AT&T communication systems easement (DKT. 103, PG. 225 Miscellaneous Records) from the report, as it has been determined to be unnecessary. A Scrivener's Error was recorded on December 21, 2020 to account for various text errors and corrections in area calculations, lot numbering, and line and curve dimensions. These corrections did not result in material changes to the design or intent of the subdivision and were incorporated into the amended final plat.     Location The proposed plat encompasses 197 acres generally located southeast of Twin Peaks Road and southeast of Twin Peaks Road and north and south of Linda Vista Boulevard, east of the Marana Center development.  Zoning The Town Council adopted Marana Ordinance No. 2006.23 on December 5, 2006 approving the Cascada Specific Plan. The Town Council subsequently adopted Marana Ordinance 2016.001 on January 19, 2016 approving the Linda Vista Village at Cascada Specific Plan. Blocks I and II, as well as the associated common area and right-of-way, of the proposed plat are located within the zoning established by the Cascada Specific Plan. Villages I, II, and III, Blocks III-VII, as well as the associated common area and right-of-way, are located within the zoning established by the Linda Vista Village at Cascada Specific Plan.     Access and Traffic Circulation Access is proposed from Linda Vista Boulevard. Approximately 3.07 miles of new public streets are proposed. The spine road, Camino Benicardo, will be constructed as a divided roadway and will be signalized at its intersection with Linda Vista Boulevard.  Utilities The subdivision will be served by Marana Water. The property owners will be responsible for constructing all on-site and off-site water infrastructure needed to serve potable water and fire protection to the project. Sewer service will be provided by Pima County Wastewater. Northwest Fire District, Tucson Electric Power, and Southwest Gas will provide their respective services. Staff Recommendation: Staff has reviewed the proposed amended final plat against the requirements of the Cascada Specific Plan as well as the Linda Vista Village at Cascada Specific Plan, the Marana Town Code, and the Marana General Plan. The amended final plat is in substantial conformance with all required development regulations, and staff recommends approval.  Suggested Motion: I move to adopt Resolution No. 2021-143 approving the Amended Final Plat for Linda Marana Regular Council Meeting 11/16/2021 Page 27 of 211 I move to adopt Resolution No. 2021-143 approving the Amended Final Plat for Linda Vista Village at Cascada, Villages I, II, and III, Blocks I-VII, and Common Areas "A", "B", "C", "D", "E", "F", "G" and "H".  Attachments Resolution No. 2021-143 Amended FP Linda Vista Village PRV2108-001 LVVC AFP Final Plat PRV2108-001 LVVC AFP Map PRV2108-001 LVVC AFP Application Marana Regular Council Meeting 11/16/2021 Page 28 of 211 Marana Resolution No. 202 1 -143 - 1 - 11/1/2021 4:30 pm MARANA RESOLUTION NO. 202 1-143 RELATING TO DEVELOPMENT; APPROVING THE AMENDED FINAL PLAT FOR LINDA VISTA VILLAGE AT CASCADA, VILLAGE I (LOTS 1-39), VILLAGE II (LOTS 1- 93), VILLAGE III (LOTS 1-131), BLOCKS I-VII, AND COMMON AREAS “A”, “B”, “C”, “D”, “E”, “F”, “G”, AND “H” LO CATED SOUTHEAST OF TWIN PEAKS ROAD AND NORTH AND SOUTH OF L INDA VISTA BOULEVARD WHEREAS, on December 5, 2006, the Mayor and Town Council adopted Ordinance No. 2006.23, approving a rezoning of approximately 1,454 acres to create the Cascada Specific Plan; and WHEREAS, on January 6, 2009, the Mayor and Town Council adopted Resolution No. 2009-001, approving the ‘Final Plat for Cascada, Village I (Lots 1 -430), Blocks I-XVIII, “A”, “B”, “C”, “D” and Common Areas “A”, “B”, “C”, “D”, “E”, “F”, “G”, “H”, and “I”,‘ recorded in the Pima County Recorder’s office on January 23, 2009 at Book 64 of Maps and Plats, Page 35 (Sequence 20090150376) (the “Original Cascada Plat”); and WHEREAS, on January 19, 2016, the Mayor and Town Council adopted Ordinance 2016.001, approving a rezoning of 155 acres to create the Linda Vista Village at Cas cada Specific Plan; and WHEREAS, on September 4, 2018, the Mayor and Town Council adopted Resolution No. 2018-079, approving the Preliminary Plat for Linda Vista Village at Cascada, Village I (Lots 1-39), Village II (Lots 1-93), Village III (Lots 1-131), Blocks I-VII, and Common Areas “A”, “B”, “C”, “D”, “E”, “F”, “G”, and “H”; and WHEREAS, on September 15, 2020, the Mayor and Town Council adopted Resolution No. 2020-099, approving the Final Plat for Linda Vista Village at Cascada, Village I (Lots 1-39), Village II (Lots 1 -93), Village III (Lots 1-131), Blocks I-VII, and Common Areas “A”, “B”, “C”, “D”, “E”, “F”, “G”, and “H”; and WHEREAS Presidio Engineering, on behalf of the landowner, has applied for approval of the Amended Final Plat for Linda Vista Village at Cascada Village I (Lots 1- 39), Village II (Lots 1-93), Village III (Lots 1 -131), Blocks I-VII, and Common Areas “A”, “B”, “C”, “D”, “E”, “F”, “G”, and “H”; and WHEREAS the Mayor and Town Council, at its November 16, 2021 meeting, determined that the Amended Final Plat for Linda Vista Village at Cascada should be approved. Marana Regular Council Meeting 11/16/2021 Page 29 of 211 Marana Resolution No. 202 1 -143 - 2 - 11/1/2021 4:30 pm NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the Amended Final Plat for Linda Vista Village at Cascada is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of November 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 11/16/2021 Page 30 of 211 LOCATION MAP THIS PROJECT BASIS OF BEARING BASIS OF ELEVATION 42 DEDICATION 1 GENERAL NOTES CERTIFICATION ASSURED WATER SUPPLY APPROVAL: RECORDING ASSURANCES ACKNOWLEDGEMENT BENEFICIARY OF TRUST LEGEND SHEET INDEX ADMINISTRATIVE ADDRESS: Marana Regular Council Meeting 11/16/2021 Page 31 of 211 31243228302729262511232221121314161715361837193435910786453267133696885898887867883847779818082747675717265706664636062615559585756333632343538413743394047424446454849535051525413264510789111214132021191718161523242526272829302231739091922038391062613111214151716182119242022272325283059293133326160555850564657495144434510547103481021049910110096979895949193928890898581878684838277788079761281271251311261291301241231201221191171181161151121141131111091101081071098323435363738394041425253546263646566676869707172737475112145679342LAND USE TABLES - TABLE IPLAT COMPARISON WITH LINDA VISTA VILLAGE AT CASCADA SPECIFIC PLAN (5)NOTES:TABLE IIPLAT COMPARISON WITH CASCADA SPECIFIC PLAN (4)NOTES:OPEN SPACE COMPARISONOPEN SPACE COMPARISON2Marana Regular Council Meeting 11/16/2021Page 32 of 211 BLOCK II BLOCK III BLOCK IV BLOCK I BLOCK V BLOCK VI BLOCK VII EASEMENT / RIGHT-OF-WAY KEYNOTES VILLAGE I VILLAGE III VILLAGE II 3 42 Marana Regular Council Meeting 11/16/2021 Page 33 of 211 LEGEND AREA TOTALS 4 42 Marana Regular Council Meeting 11/16/2021 Page 34 of 211 LINE DATA TABLE NUMBER BEARING DISTANCE LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA 425 Marana Regular Council Meeting 11/16/2021 Page 35 of 211 CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA BLOCK BOUNDARY LINE DATA TABLE NUMBER BEARING DISTANCE BLOCK BOUNDARY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 426 Marana Regular Council Meeting 11/16/2021 Page 36 of 211 FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 427 Marana Regular Council Meeting 11/16/2021 Page 37 of 211 FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE 428 Marana Regular Council Meeting 11/16/2021 Page 38 of 211 FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 429 Marana Regular Council Meeting 11/16/2021 Page 39 of 211 10 42 Marana Regular Council Meeting 11/16/2021 Page 40 of 211 FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE EASEMENT / RIGHT-OF-WAY KEYNOTES 4211 Marana Regular Council Meeting 11/16/2021 Page 41 of 211 EASEMENT / RIGHT-OF-WAY KEYNOTES FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 12 42 Marana Regular Council Meeting 11/16/2021 Page 42 of 211 ΔΔ BLOCK BOUNDARY LINE DATA TABLE NUMBER BEARING DISTANCE EASEMENT / RIGHT-OF-WAY KEYNOTES BLOCK BOUNDARY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA 4213 FLOODPLAIN LINE DATA TABLE FEMA ZONE LINE DATA TABLE Marana Regular Council Meeting 11/16/2021 Page 43 of 211 FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE EASEMENT / RIGHT-OF-WAY KEYNOTES CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA 4214 Marana Regular Council Meeting 11/16/2021 Page 44 of 211 FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 15 42 Marana Regular Council Meeting 11/16/2021 Page 45 of 211 CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA EASEMENT / RIGHT-OF-WAY KEYNOTES BLOCK BOUNDARY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA BLOCK BOUNDARY LINE DATA TABLE NUMBER BEARING DISTANCE LINE DATA TABLE NUMBER BEARING DISTANCE 4216 FLOODPLAIN LINE DATA TABLE FEMA ZONE LINE DATA TABLE Marana Regular Council Meeting 11/16/2021 Page 46 of 211 EASEMENT / RIGHT-OF-WAY KEYNOTES FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE BLOCK BOUNDARY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA 4217 Marana Regular Council Meeting 11/16/2021 Page 47 of 211 EASEMENT / RIGHT-OF-WAY KEYNOTES LINE DATA TABLE NUMBER BEARING DISTANCE BLOCK BOUNDARY LINE DATA TABLE NUMBER BEARING DISTANCE BLOCK BOUNDARY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE 4218 Marana Regular Council Meeting 11/16/2021 Page 48 of 211 EASEMENT / RIGHT-OF-WAY KEYNOTES FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 19 42 Marana Regular Council Meeting 11/16/2021 Page 49 of 211 EASEMENT / RIGHT-OF-WAY KEYNOTES LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA 4220 Marana Regular Council Meeting 11/16/2021 Page 50 of 211 EASEMENT / RIGHT-OF-WAY KEYNOTES CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE LINE DATA TABLE NUMBER BEARING DISTANCE FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE 4221 Marana Regular Council Meeting 11/16/2021 Page 51 of 211 EASEMENT / RIGHT-OF-WAY KEYNOTES FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA 4222 Marana Regular Council Meeting 11/16/2021 Page 52 of 211 BLOCK BOUNDARY LINE DATA TABLE NUMBER BEARING DISTANCE BLOCK BOUNDARY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA FEMA ZONE LINE DATA TABLE LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA 23 42 FLOODPLAIN LINE DATA TABLE FEMA ZONE LINE DATA TABLE Marana Regular Council Meeting 11/16/2021 Page 53 of 211 FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE BLOCK BOUNDARY LINE DATA TABLE NUMBER BEARING DISTANCE BLOCK BOUNDARY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA EASEMENT / RIGHT-OF-WAY KEYNOTES 4224 Marana Regular Council Meeting 11/16/2021 Page 54 of 211 FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE EASEMENT / RIGHT-OF-WAY KEYNOTES 4225 Marana Regular Council Meeting 11/16/2021 Page 55 of 211 EASEMENT / RIGHT-OF-WAY KEYNOTES FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE LINE DATA TABLE NUMBER BEARING DISTANCE 4226 Marana Regular Council Meeting 11/16/2021 Page 56 of 211 FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 4227 Marana Regular Council Meeting 11/16/2021 Page 57 of 211 FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 4228 Marana Regular Council Meeting 11/16/2021 Page 58 of 211 FLOOD PLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 29 42 Marana Regular Council Meeting 11/16/2021 Page 59 of 211 30 42 Marana Regular Council Meeting 11/16/2021 Page 60 of 211 CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA EASEMENT / RIGHT-OF-WAY KEYNOTES EASEMENT / RIGHT-OF-WAY KEYNOTES 4231 Marana Regular Council Meeting 11/16/2021 Page 61 of 211 EASEMENT / RIGHT-OF-WAY KEYNOTES LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA BLOCK BOUNDARY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA BLOCK BOUNDARY LINE DATA TABLE NUMBER BEARING DISTANCE 4232 Marana Regular Council Meeting 11/16/2021 Page 62 of 211 EASEMENT / RIGHT-OF-WAY KEYNOTES EASEMENT / RIGHT-OF-WAY KEYNOTES LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA 4233 Marana Regular Council Meeting 11/16/2021 Page 63 of 211 EASEMENT / RIGHT-OF-WAY KEYNOTES EASEMENT / RIGHT-OF-WAY KEYNOTES LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA 34 42 Marana Regular Council Meeting 11/16/2021 Page 64 of 211 LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA BLOCK BOUNDARY LINE DATA TABLE NUMBER BEARING DISTANCE BLOCK BOUNDARY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA EASEMENT / RIGHT-OF-WAY KEYNOTES EASEMENT / RIGHT-OF-WAY KEYNOTES 4235 Marana Regular Council Meeting 11/16/2021 Page 65 of 211 LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA BLOCK BOUNDARY LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA EASEMENT / RIGHT-OF-WAY KEYNOTES EASEMENT / RIGHT-OF-WAY KEYNOTES 4236 Marana Regular Council Meeting 11/16/2021 Page 66 of 211 LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA EASEMENT / RIGHT-OF-WAY KEYNOTES EASEMENT / RIGHT-OF-WAY KEYNOTES 4237 Marana Regular Council Meeting 11/16/2021 Page 67 of 211 CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA LINE DATA TABLE NUMBER BEARING DISTANCE BLOCK BOUNDARY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA BLOCK BOUNDARY LINE DATA TABLE NUMBER BEARING DISTANCE EASEMENT / RIGHT-OF-WAY KEYNOTES EASEMENT / RIGHT-OF-WAY KEYNOTES 38 42 Marana Regular Council Meeting 11/16/2021 Page 68 of 211 CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA LINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA BLOCK BOUNDARY LINE DATA TABLE NUMBER BEARING DISTANCE BLOCK BOUNDARY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA EASEMENT / RIGHT-OF-WAY KEYNOTES EASEMENT / RIGHT-OF-WAY KEYNOTES 4239 Marana Regular Council Meeting 11/16/2021 Page 69 of 211 BLOCK BOUNDARY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA LINE DATA TABLE NUMBER BEARING DISTANCE EASEMENT / RIGHT-OF-WAY KEYNOTES EASEMENT / RIGHT-OF-WAY KEYNOTES BLOCK BOUNDARY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA 4240 Marana Regular Council Meeting 11/16/2021 Page 70 of 211 CURVE DATA TABLE NUMBER LENGTH RADIUS DELTALINE DATA TABLE NUMBER BEARING DISTANCE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA EASEMENT / RIGHT-OF-WAY KEYNOTES EASEMENT / RIGHT-OF-WAY KEYNOTES 4241 Marana Regular Council Meeting 11/16/2021 Page 71 of 211 CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA LINE DATA TABLE NUMBER BEARING DISTANCE EASEMENT / RIGHT-OF-WAY KEYNOTES EASEMENT / RIGHT-OF-WAY KEYNOTES 4242 Marana Regular Council Meeting 11/16/2021 Page 72 of 211 Legend 1:16,000 PRV2108-001 Amended Final Plat for Linda Vista Village at Cascada Enter Map Notes Notes0.50.25 THIS MAP IS NOT TO BE USED FOR NAVIGATION© Latitude Geographics Group Ltd. 0.5 0 Miles 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 Addresses Marana Town Limits Major Streets Parcels (Black) PRV2108-001 Linda Vista Village at CascadaTwin Peaks Road Marana Center Linda Vista Boulevard I n t e r s t a t e 1 0 Marana Regular Council Meeting 11/16/2021 Page 73 of 211 Marana Regular Council Meeting 11/16/2021Page 74 of 211      Council-Regular Meeting   C2        Meeting Date:11/16/2021   To:Mayor and Council From:Brian Varney, Senior Planner Date:November 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-144: Relating to Development; approving a final plat for Canyon Pass II at Dove Mountain, Lots 75A - 76A located northeast of the intersection of Dove Mountain Boulevard and Dove Canyon Pass within Section 18, Township 11 South and Range 13 East (Brian D. Varney) Discussion: Request Baker and Associates Engineering, Inc., on behalf of the property owners, is requesting approval of a final plat consisting of two residential lots on 12.8 acres within the subdivision Canyon Pass II at Dove Mountain, Lots 49-110 and Common Area "A" (Private Streets) and Common Area "B" (Natural Open Space). The plat proposes to resubdivide existing Lots 75, 76, and 77 of Canyon Pass II at Dove Mountain, consolidating the three lots into two lots, 75A - 76A.  Location      Canyon Pass II at Dove Mountain is located northeast of the intersection of Dove Mountain Boulevard and Dove Canyon Pass. Zoning The zoning of the proposed resubdivision is "F" (Dove Mountain Specific Plan) with a land use designation of "E" (Estate Lots). The "E" (Estate Lots) designation requires a minimum lot size of 36,000 square feet. The plat proposes Lot 75A at 309,984 square feet and Lot 76A at 247,015 square feet.  Access and Traffic Circulation   Both lots proposed with this resubdivision are located on Cush Canyon Loop within Canyon Pass II at Dove Mountain. The subdivision is accessed via Dove Canyon PassMarana Regular Council Meeting 11/16/2021 Page 75 of 211 Canyon Pass II at Dove Mountain. The subdivision is accessed via Dove Canyon Pass from Dove Mountain Boulevard.     Staff Recommendation: Staff has reviewed the request against the requirements of the Dove Mountain Specific Plan, the Marana Town Code, and the Marana General Plan. The proposed final plat is in substantial conformance with all required development regulations, and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2021-144 approving a final plat for Canyon Pass II at Dove Mountain, Lots 75A -76A. Attachments Resolution No. 2021-144_FP_Canyon Pass II at Dove Mountain PRV2104-001 CP II Final Plat PRV2104-001 CP II Map PRV2104-001 CP II App Marana Regular Council Meeting 11/16/2021 Page 76 of 211 Marana Resolution No. 2021 -144 - 1 - 10/29/202 1 1:30 PM MARANA RESOLUTION NO. 202 1-144 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR CANYON PASS II AT DOVE MOUNTAIN, LO TS 75A - 76A LOCATED NO RTHEAST OF THE INTERSECTION OF DOVE MOUNTAIN BOULEV ARD AND DOVE CANYON PASS WITHIN SECTION 18, TOWNSHIP 11 SOUTH AND RANGE 13 EAST WHEREAS on May 31, 1989, Town Council adopted Ordinance No. 89.22 approving the Dove Mountain Specific Plan (then known as the Tortolita Mountain Properties Specific Plan) which has been amended from time to time by o rdinance; and WHEREAS, the final plat for Canyon Pass II at Dove Mountain , Lots 49-110, Common Area “A” (Private Streets) and Common Area “B” (Natural Open Space ) was approved by Town Council on November 16, 1999 by the adoption of Resolution No. 99 - 115; and, WHEREAS Baker and Associates Engineering, Inc., representing the property owners, has applied for approval of a final plat for Canyon Pass II at Dove Mountain, Lots 75A – 76A, a resubdivision of Lots 75 – 77 of Canyon Pass II at Dove Mountain, Lots 49-110, Common Area “A” (Private Streets) and Common Area “B” (Natural Open Space) located northeast of the intersection of Dove Mountain Boulevard and Dove Canyon Pass within Section 18, Township 11 South, and Range 13 East; and WHEREAS the Mayor and Town Council, at its November 16, 2021 meeting, determined that the final p lat for Canyon Pass II at Dove Mountain, Lots 75A – 76A should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the final plat for Canyon Pass II at Dove Mountain, Lots 75A – 76A is hereby approved. Marana Regular Council Meeting 11/16/2021 Page 77 of 211 Marana Resolution No. 2021 -144 - 2 - 10/29/202 1 1:30 PM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of November 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 11/16/2021 Page 78 of 211 Marana Regular Council Meeting 11/16/2021 Page 79 of 211 Marana Regular Council Meeting 11/16/2021 Page 80 of 211 © Latitude Geographics Group Ltd. 0.6 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.6 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.280 1:18,056 Town of Marana Planning Marana Town Limits Parcels (Black) PRV2104-001 Final Plat for Canyon Pass II at Dove Mountain, Lots 75A - 76A Lots 75A - 76A Do v e M o u n t a i n B o u l e v a r d Dove Canyon PassCush Canyon LoopMarana Regular Council Meeting 11/16/2021 Page 81 of 211 Marana Regular Council Meeting 11/16/2021 Page 82 of 211 Marana Regular Council Meeting 11/16/2021 Page 83 of 211    Council-Regular Meeting   C3        Meeting Date:11/16/2021   To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:November 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-145: Relating to Budget; approving the transfer of $250,000, $28,000 and $13,000 in budgeted expenditure authority from the General Fund contingency line item to the restricted budget line items within the Police Department, the Town Manager's Office and the Development Services Department, respectively, in the fiscal year 2020-2021 budget (Yiannis Kalaitzidis) Discussion: The budget for fiscal year 2020-2021 was adopted on July 21, 2020, which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds.  Council approval is required for budgetary transfers between General Fund departments, between funds, and for any transfer of contingency.  The purpose of this item is to request transfers of General Fund contingency to the Police Department, Town Manager's Office, and Development Services Department, which exceeded their legal level of budgetary control due to unanticipated costs.  This item is part of the normal year-end annual closing and reconciliation process.  The following provides additional detail on those costs. Unanticipated Police Department Costs Transfer of General Fund expenditure authority from the contingency line item to the Police Department restricted budget line item for the amount of $250,000, primarily as a result of the following: Personnel Costs – Overall budget overages were due to a combination of factors including unanticipated overtime which was reduced during budget preparation due to COVID-19, as well as greater than budgeted retirement contributions.  Vehicle related costs - Fuel and other vehicle related charges were higher than anticipated partly due to the additional overtime worked during the year. Marana Regular Council Meeting 11/16/2021 Page 84 of 211 anticipated partly due to the additional overtime worked during the year.  The overage is less than 2% of the Police Department’s budget of $14.1 million. Unanticipated Town Manager's Office Costs Transfer of General Fund expenditure authority from the contingency line item to the Town Manager's Office restricted budget line item for the amount of $28,000 as a result of severance and vacation payout for the Town's prior Town Manager.  The overage is less than 2% of the Town Manager's Office budget of $1.5 million. Unanticipated Development Services Department Costs Transfer of General Fund expenditure authority from the contingency line item to the Development Services Department restricted budget line item for the amount of $13,000 as a result of the following: Fiscal Charges - These charges related to credit card charges for payments received by developers during the permitting and impact fee payment process.  The majority of such payments are made by credit card.  During the budgeting process, these fees were reduced as the Town anticipated a reduction in home construction and permit issuance.  The Town issued 1,067 permits as compared to 617 budgeted permits for fiscal year 2020-2021.  As a result, fiscal charges far exceeded the Town's original estimates. The overage is less than 1% of the Development Services Department budget of $3.2 million. The unanticipated costs described above will be included within the Town’s annual financial statements which will be presented to Council in the near future, once the Town’s external auditors complete their audit.  If approved, the expenditure transfer of contingency described in this report will not increase overall, actual expenditures.   Financial Impact: Fiscal Year:2021 Budgeted Y/N:Y Amount:NA The requested budget adjustment does not increase the overall expenditure amount for the General Fund.  The transfer would only reallocate existing budgetary authority to other department line item budgets.    Staff Recommendation: Staff recommends approval of the budget transfer from the General Fund contingency line item to the Police Department, the Town Manager's Office and the Development Services Department budgets for unanticipated costs. Suggested Motion: I move to adopt Resolution No. 2021-145, approving the transfer of $250,000, $28,000, Marana Regular Council Meeting 11/16/2021 Page 85 of 211 I move to adopt Resolution No. 2021-145, approving the transfer of $250,000, $28,000, and $13,000 in budgeted expenditure authority from the General Fund contingency line item to the restricted budget line items within the Police Department, the Town Manager's Office, and the Development Services Department, respectively, in the fiscal year 2020-2021 budget. Attachments Resolution No. 2021-145 Year-end Budget Transfer Marana Regular Council Meeting 11/16/2021 Page 86 of 211 Marana Resolution No. 20 21-145 - 1 - MARANA RESOLUTION NO. 202 1-145 RELATING TO BUDGET; APPROVING THE TRANSFE R OF $250,000, $28,000, AND $13,000 IN BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND CONTINGENCY LINE ITE M TO THE RESTRICTED BUDGET LINE ITEMS WITHIN THE POLICE DEPARTMENT, THE TOWN MANAGER'S OFFICE, AND THE DEVELOPMENT SERVICES DEPARTMENT, RESPECT IVELY, IN THE FISCAL YEAR 2020-2021 BUDGET WHEREAS, on July 21, 2020, the Town Council adopted the fiscal year 2020 -2021 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS the Police Department, the Town Manager’s Office, and the Develop- ment Services Department incurred unantici pated costs which could not be offset by sav- ings within other budgetary line items; and WHEREAS transferring amounts within the fiscal year 20 20-2021 budget will not significantly impact the General Fund; and WHEREAS reallocations of budgetary amounts between the contingency line item in the General Fund to other line items are necessary from time to time; and WHEREAS the Council finds that the reallocations addressed by this resolution are in the best interest of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The transfer of $250,000 to the restricted budget line item within the Police Department, $28,000 to the restricted budget line item within the Town Manager’s Office, and $13,000 to the restricted budget line item within the Development Services Department from the General Fund’s budgeted contingency line item in the fiscal year 2020-2021 budget is hereby approved. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of this resolution. Marana Regular Council Meeting 11/16/2021 Page 87 of 211 Marana Resolution No. 20 21-145 - 2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOW N OF MARANA, ARIZONA, this 16th day of November, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 11/16/2021 Page 88 of 211      Council-Regular Meeting   C4        Meeting Date:11/16/2021   To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:November 16, 2021 Subject:Approval of the Regular Council Meeting Summary Minutes of November 3, 2021 (Cherry L. Lawson) Attachments Regular Council Meeting Summary Minutes, 11/03/2021 Marana Regular Council Meeting 11/16/2021 Page 89 of 211 Regular Council Meeting Summary Minutes November 3, 2021, P a g e | 1 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 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 SUMMARY MINUTES CALL TO ORDER AND ROLL CALL : Mayor Honea called the meeting to order at 6:00 PM and directed the Clerk to call the roll. Mayor Honea, Vice Mayor Post (Excused), Council Members: Jackie Craig, Patti Comerford, Roxanne Ziegler (Excused), John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE : Led by Mayor Honea. APPROVAL OF AGENDA Council Member Kai moved and Council Member Officer second the motion approving the agenda as presented. Motion passes, 5-0. CALL TO THE PUBLIC PROCLAMATIONS Marana Regular Council Meeting 11/16/2021 Page 90 of 211 Regular Council Meeting Summary Minutes November 3, 2021, P a g e | 2 PR1 Proclamation recognizing the month of November 2021 as, "Family Court Awareness Month" (Cherry L. Lawson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Craig stated she attended the CAP Trailhead opening on Saturday, and it was a great event. Many people from the community was in attendance as well as some of Pima County and CIP Officials. Council Member Comerford stated she had attended an early morning meeting at the Marana Chamber of Commerce. It was well attended and Amanda is doing a wonderful job. Council Member Officer stated he attended along with Council Member Craig of the CAP Trailhead opening. He complimented Parks and Recreation Director Jim Conroy and his staff on a great job. Mayor Honea reported on having attended the Chamber Meeting, RTA and PAG Meetings. He is becoming concerned that the meetings are running long and becoming contentious . He would like to provide Council an update possibly in study session. He reported on the redistricting efforts. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Terry Rozema reported on the following: • The Executive Report for October 2021 will be available by the end of the week. • Development Services issued 128 single -family housing permits in October. That is an increase of 46 from last year October 2020. • Marana Police Department celebrated promotions within the department: Caylee Baker’s promotion to Detective, and Joseph Castillo’s promotion from Sergeant to Lieutenant. • The early education program scholarships in the town, not dedicated $132,000 to that and we used to some of our money from the federal government for that and just wanted to provide you an update d look at monies being utilized. There was actually 18 spots for 18 families at Estes Elemen tary after preschool program and those 18 spots filled up within a week and a half. It is well utilized, and there are an additional 20 s cholarship positions. For the Ma rana Head Start program, 12 additional will be filled soon. • Community Conversation Meetings to discuss water related topics. Water Director Dr. Jing Luo, Deputy Town Manager Erik Montague, and other Town staff presented at the Heritage Highlands last week. Additional meetings have been scheduled this month. • CAP Trailhead and ribbon-cutting opening Marana Regular Council Meeting 11/16/2021 Page 91 of 211 Regular Council Meeting Summary Minutes November 3, 2021, P a g e | 3 • Parks & Recreation Department competed against other state parks and recreation departments throughout Arizona for a number of awards. They won three out of 12 awards. PRESENTATIONS CONSENT AGENDA C1 Resolution 2021-138: Relating to Public Works; approving and authorizing the Mayor to execute a Memorandum of Understanding between Pima Association of Governments and the Town of Marana for Programming and Funding of Regional Traffic Signal Equipment for Fiscal Year 2022 (Keith Brann) C2 Resolution 2021-139: Relating to Police Department; approving and authorizing the Chief of Police to execute an intergovernmental agreement between the State of Arizona Department of Public Safety and the Town of Marana regarding the administration, funding and operation of the Arizona Vehicle Theft Task Force (Libby Shelton) C3 Resolution No. 2021-140: Relating to the Legal Department; approving and authorizing the Town Manager to execute the One Arizona Distribution of Opioid Settlement Funds Agreement and related settlement agreements (Libby Shelton) C4 Resolution No. 2021-141: Relating to Special Events; approving and authorizing the Mayor to sign a license agreement between the Town of Marana and the Marana Health Center, Inc. allowing the Marana Health Center to utilize certain properties owned by the Town for its 2021 Balloon Fest event (David L. Udall) C5 Relating to Procurement; approving an increase in budgeted expense authority of up to $100,000 of HURF fund (Fund # 2060), for the Hartman Road Rehabilitation project; authorizing the transfer of appropriations, if necessary, for the increase in project budget; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the increase in budgeted expense authority. (Mo El -Ali) C6 Approval of the Regular Council Meeting Summary Minutes of October 19, 2021 (Cherry L. Lawson) Council Member Kai moved and Council Member Comerford second the motion to approve the Consent Agenda. Motion passes, 5-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES Marana Regular Council Meeting 11/16/2021 Page 92 of 211 Regular Council Meeting Summary Minutes November 3, 2021, P a g e | 4 B1 Resolution No. 2021 -142: Relating to Boards, Commissions and Committees; review and approval of the amended bylaws of the Town of Marana Utilities Board (David L. Udall) Town Attorney Jane Fairall provided an overview of this item, as Assistant Town Attorney David Udall had a personal commitment. She stated Mr. Udall has worked with the water department and with Utilities board to revise the Utility Board bylaws, which are presented in the materials tonight. Just by way of history, the B oard was created with the adoptio n of Title 16 of the Code in 2005 and 2009. The B oard created and adopted these bylaws , and they have not been changed since 2009. T hat was why the effort was brought forward to change them there. Changes to the bylaws include conforming to Title 16 Code changes that have taken place over the years, most notably in 2011. The Council amended the Code to change the membership makeup of the Utilities Board . Now, the bylaws will conform to what the Code says, and who the Members are. The re, also, include changes to captu re more accurately the way the B oard actually works. One of the major changes in that area is that the bylaws called for meetings on a monthly basis . However, the Board has not been meeting that often. They have changed that to conform to what their normal schedule is for meetings, and improve functions and processing at the Board. At the September 15, 2021 Utilities Board Meeting, the Board did approve the draft. Council Member Comerford moved and Council Member Kai second the motion approving Resolution No. 2021-142 approving the amended bylaws of the Town of Marana Utilities Board. Motion passes, 5-0. COUNCIL ACTION ITEMS FOR DISCUSSION / POSSIBLE ACTION D1. Relating to Development and Public Works; updat e, 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) Planning Manager Steven Cheslak provided an overview of the public and private projects, development applications and new business licenses in the Town of Marana. D2. Relating to Legislation and Governm ent 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) Marana Regular Council Meeting 11/16/2021 Page 93 of 211 Regular Council Meeting Summary Minutes November 3, 2021, P a g e | 5 Mr. Rozema stated he did not have a legislati ve report. Mayor Honea stated he had a report to offer. We are working on redistricting right now. He has seen some of the preliminary maps and some of this stuff that i s going on. So far, it looks good for Marana. Will probably be in District 6. Instead of District 1. In District 6, will be Marana, O ro Valley, Tanque Verde on the east side of Tucson, Saddlebrooke East and West, and Eagle Crest in Pinal County. In all of these communities are similar in size , and political interest. Our District 11, I sent a letter in asking them to take Casa Adobe out of the District 11 and they agreed to do so. Mr. Mill had them to remove it out of the district. P artly, to keep our district similar to what it is now. Right now , we stretch all the way up to Maricopa. It looks as though Marana is well protected . As soon as maps become available, staff will bring those forward for the Council’s review. 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 agend a for any of the reasons listed in A.R.S. §38 -431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2 -4-2(B). ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Council Member Kai moved and Council Member Comerford second the motion to adjourn the meeting. Motion passes, 5-0. Meeting adjourned at 6:29 PM. Marana Regular Council Meeting 11/16/2021 Page 94 of 211 Regular Council Meeting Summary Minutes November 3, 2021, P a g e | 6 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 3, 2021. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Marana Regular Council Meeting 11/16/2021 Page 95 of 211      Council-Regular Meeting   B1        Meeting Date:11/16/2021   To:Mayor and Council Submitted For:Heath Vescovi-Chiordi, Assistant to the Town Manager From:Heath Vescovi-Chiordi, Assistant to the Town Manager Date:November 16, 2021 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Principle Statement 2: We will approach citizen engagement in unique and creative ways. Goal: Evaluate and continuously improve the Marana Citizens' Forum & ensure Forum recommendations are implemented wherever possible. Subject:Presentation: Relating to Boards, Commissions and Committees; discussion and consideration of input and development of recommendations from the Fall 2021 Marana Citizens' Forum on the topic "Community Health Dashboard/Marana Livability Index" (Heath Vescovi-Chiordi). Discussion: A presentation of the summary of recommendations from meetings of the Marana Citizens' Forum will be made by Ginny Huffman on behalf of the Delegates of the Marana Citizens' Forum related to the Fall 2021 Forum topic "Community Health Dashboard/Marana Livability Index." The Forum delegates held multiple meetings on how to create formal recommendations related to the Fall 2021 Session topic, including potential creation and maintenance of an application geared toward educating residents and enhancing government transparency to the public. Staff Recommendation: Presentation only. Marana Regular Council Meeting 11/16/2021 Page 96 of 211 Presentation only. Suggested Motion: Presentation only. Attachments Fall 2021 Marana Citizens' Forum Presentation Marana Regular Council Meeting 11/16/2021 Page 97 of 211 Marana Citizens’ Forum 11-16-2021 | Ginny Huffman Marana Regular Council Meeting 11/16/2021 Page 98 of 211 Forum Delegation •Al Aven •Angela Wagner-Gabbard •Brad Demidio •Chris Deyoung •Dale Moe •Mike Smentek •Pam Bramlett •Ronald Hill •Sharon Foltz •Stephen Stone •David Hindman •Ginny Huffman •Kelle Maslyn •Kyle Canty •Linda Crotts Marana Regular Council Meeting 11/16/2021 Page 99 of 211 Fall 2021 Session Topic Marana Livability Index | Community Health Dashboard Marana Regular Council Meeting 11/16/2021 Page 100 of 211 Citizens’ Forum Objectives •Identify the elements of a dashboard/index, including citizen input. •Make formal recommendations on how to create, build, and maintain this application. Marana Regular Council Meeting 11/16/2021 Page 101 of 211 Recommendation 1 We recommend that Council consider directing Town Staff to create a Town of Marana Livability Index | Community Health Dashboard. Marana Regular Council Meeting 11/16/2021 Page 102 of 211 Recommendation 1 (cont.) LIVE WORK PLAY LEARN Marana Regular Council Meeting 11/16/2021 Page 103 of 211 Recommendation 2 We recommend that the creation of this application be housed within the Manager’s Office and Communications Division. Marana Regular Council Meeting 11/16/2021 Page 104 of 211 Recommendation 3 We recommend that Town Staff engage directly with the public in order to solicit suggestions and comments on the application during the development process. Marana Regular Council Meeting 11/16/2021 Page 105 of 211 Recommendation 4 We recommend that Town Staff establish effective maintenance and review milestones to ensure the application is well-maintained, has data updated frequently, and is achieving its highest and best use. Marana Regular Council Meeting 11/16/2021 Page 106 of 211 CONCLUSION & THANK YOU Marana Regular Council Meeting 11/16/2021 Page 107 of 211      Council-Regular Meeting   B2        Meeting Date:11/16/2021   To:Mayor and Council From:Brian Varney, Senior Planner Date:November 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-146: Relating to Boards, Commissions, and Committees; appointing a Town of Marana citizen representative to the Tucson-Pima County Bicycle Advisory Committee (Brian D. Varney)  Discussion: The Town of Marana is a member of the Tucson-Pima County Bicycle Advisory Committee (TPCBAC), a regional committee comprised of appointed representatives from Pima County and each of the municipalities within the Pima County region. TPCBAC serves in an advisory capacity by making recommendations to local governments and advising on matters related to bicycling within our communities, including those involving recreation, transportation, safety, and infrastructure.  Pursuant to the TPCBAC Bylaws, the Town of Marana may appoint one voting member to the committee. The Town currently does not have a voting member serving on TPCBAC. Mr. David Andrews, a Marana resident, has expressed interest in representing the Town of Marana on TPCBAC and has offered to dedicate his time and experience in serving as Marana's citizen representative. Mr. Andrews is a personal advocate for bicycle safety and encourages the accessibility, growth, and enjoyment of cycling in support of a healthier and more vibrant community. He regularly cycles throughout the Town of Marana and enjoys being active in the community.  If approved, this agenda item would appoint Mr. Andrews to represent the Town on TPCBAC. The duration of the appointment will be two years, expiring on November 16, 2023.             Staff Recommendation: Marana Regular Council Meeting 11/16/2021 Page 108 of 211 Council's pleasure.  Suggested Motion: I move to adopt Resolution No. 2021-146, appointing Mr. David Andrews as the Town of Marana citizen representative to the Tucson-Pima County Bicycle Advisory Committee with a term expiring on November 16, 2023.   Attachments Resolution No. 2021-146 Pima County Bicycle Advisory Committee Appointment Marana Regular Council Meeting 11/16/2021 Page 109 of 211 Resolution No. 202 1-146 11/1/2021 4:45 pm MARANA RESOLUTION NO. 202 1-146 RELATING TO BOARDS, COMMISSIONS, AND COMMITTEES; APP OINTING A TOWN OF MARANA CITIZEN REPRE SENTATIVE TO THE TUCSON-PIMA COUNTY BICYCLE ADVISORY COMMITTEE WHEREAS, the Tucson-Pima County Bicycle Advisory Committee (TPCBAC) was established to serve in an advisory capacity to local governments on matters relating to bicycle recreation, transportation, safety, and infrastructure; and WHEREAS, the Town of Marana is a me mber of TPCBAC; and WHEREAS, the position of Town of Marana citizen representative on TPCBAC is currently vacant, and the Marana Town Council wishes to appoint a representative to this committee; and WHEREAS the Mayor and Council of the Town of Marana fi nd that the appointment addressed by this resolution is in the best interest s of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that David Andrews is hereby app ointed as the Town of Marana citizen representative to the Tucson-Pima County Bicycle Advisory Committee with a term expiring November 16, 2023. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of November, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 11/16/2021 Page 110 of 211      Council-Regular Meeting   A1        Meeting Date:11/16/2021   To:Mayor and Council From:Jane Fairall, Town Attorney Date:November 16, 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 Regular Council Meeting 11/16/2021 Page 111 of 211 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 No. 2021.012_Rancho Palamitas Rezone Marana Regular Council Meeting 11/16/2021 Page 112 of 211 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 October 27, 2021, and voted ________ to recomme nd that the Town Council approve the requested modification; and Marana Regular Council Meeting 11/16/2021 Page 113 of 211 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 16th day of November, 2021. Mayor Ed Honea ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Marana Regular Council Meeting 11/16/2021 Page 114 of 211      Council-Regular Meeting   A2        Meeting Date:11/16/2021   To:Mayor and Council From:Cynthia Ross, Senior Planner Date:November 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2021.023: Relating to Development; approving an amendment to Marana Ordinance No. 2005.02, which rezoned approximately 2.2 acres of land generally located in the 8300 block of N. Silverbell Road, south of Somerton Drive, from Zone ‘C’ (Large Lot Zone) to Zone ‘CO’ (Commercial Office), to remove a rezoning condition that restricted the use of the parcel to a veterinary clinic and storage unless otherwise approved by the Planning Commission and Town Council (Cynthia Ross) Discussion: Background On April 19, 2005, the Mayor and Town Council adopted Ordinance No. 2005.02 rezoning approximately 2.2 acres of land located in the 8300 block of N. Silverbell Road from Zone “C” (Large Lot Zone) to “CO” (Commercial Office) for the purpose of developing a 4,900 square foot, single story veterinary clinic. Conditions placed on the rezoning pertained to the property’s use and included: (1) any use of the parcel in addition to the veterinary clinic and storage must be approved by the Planning Commission and Town Council; (2) no residential use shall be permitted on the property; and (3) building height of the clinic shall be restricted to single story. On June 19, 2008, a Development Plan was approved for the Silverbell Animal Medical Center at 8300 N. Silverbell Road (Case No. DPR0610-001). The Plan provided for a single story (25’ 2” height), 6,218 square foot building. Since that time, the property has remained vacant and the property owner has not developed the property. Request Romano Real Estate Corp., on behalf of DHP Investments LLC, has submitted an application to amend Marana Ordinance No. 2005.02 to remove the rezoning condition Marana Regular Council Meeting 11/16/2021 Page 115 of 211 that restricted the use of the parcel to a veterinary clinic and storage unless approved by the Planning Commission and Town Council. The applicant would like the zoning conditions modified to allow commercial office use without restricting the use to a veterinary clinic and storage. While it is currently undetermined what type of office use the applicant has planned for the property, the owner would like the flexibility of being able to provide all professional uses permitted under the Commercial Office (CO) zoning. The applicant is not requesting to change the condition related to the single story restriction or the condition relating to the prohibition of residential use of the property. Removal of the condition restricting the use to a veterinary clinic and storage would allow the parcel to be used for any of the permitted uses in the CO zoning district listed in Marana Town Code Section 17-4-24(C), and for any of the conditional uses in the CO zoning district listed in Section 17-4-24(E) with a conditional use permit. Public Notification This public hearing was noticed in the Daily Territorial newspaper, and all property owners within 300 feet of the rezoning area were noticed by U.S. Mail of the date, time, and topic of the public hearing. Additional notices were posted at various locations within the community and on the Town website. Staff Recommendation: This is a discretionary item for the Town Council to consider.  Should the Town Council wish to approve this item, staff recommends the approval be subject to the conditions set forth in the draft ordinance. Planning Commission Recommendation The Planning Commission heard the request for the proposed amendment to Ordinance 2005.02 at a public hearing on October 27, 2021, and voted 6-0 to recommend approval of the rezoning to the Town Council subject to the recommended conditions and with one additional recommended condition: the property owner shall provide, and show on the Development Plan Package site plan, a vegetative buffer along the eastern perimeter of the property, as accepted by Development Services Planning Manager and included in the Silverbell Road Corridor Overlay District Development Plan review application for review and approval by the Planning Commission. Suggested Motion: I move to adopt Ordinance No. 2021.023, approving an amendment to Marana Ordinance No. 2005.02, which rezoned approximately 2.2 acres of land generally located in the 8300 block of N. Silverbell Road, south of Somerton Drive, from Zone ‘C’ (Large Lot Zone) to Zone ‘CO’ (Commercial Office), to remove a rezoning condition that restricted the use of the parcel to a veterinary clinic and storage unless otherwise approved by the Planning Commission and Town Council. Attachments Ordinance No. 2021.023 A Modification to Ord. No. 2005.02 Application Marana Regular Council Meeting 11/16/2021 Page 116 of 211 Change of Condition Request Letter Location Map Existing Ordinance - No. 2005.02 Marana Regular Council Meeting 11/16/2021 Page 117 of 211 00078190.DOCX /1 Ordinance No. 20 21.023 - 1 - MARANA ORDINANCE NO. 20 21.023 RELATING TO DEVELOPMENT; APPROVING AN AMENDMENT TO MARANA ORDINANCE NO. 2005.02, WHICH REZONED APPROXIMATELY 2.2 ACRES OF LAND GENERALLY LOCAT ED IN THE 8300 BLOCK OF N. SILVERBELL ROAD, SOUTH OF SOMER TON DRIVE, FROM ZONE ‘C’ (LARGE LOT ZONE) TO ZONE ‘CO’ (COMMERCIAL OFFICE), TO REMOVE A REZONING CONDITION THAT RESTRICTED THE USE OF THE PARCEL TO A VETERINARY CLINIC AND STORAGE UNLESS OTHER WISE APPROVED BY THE PLANNING COMMISSION AND TOWN COUNCIL WHEREAS the Mayor and Council of the Town of Marana adopted Ordinance No. 2005.02 on April 19, 2005, approving a rezoning of approximately 2.2 acres of land generally located in the 8300 block of N. Silverbell Road from Zone “C” (Large Lot Zone) to Zone “CO” (Commercial Office); and WHEREAS the stated purpose of the rezoning was to allow the use of the rezoned parcel as a veterinary clinic; and WHEREAS approval of the rezoning was subject to conditions , including condition 1 which provides that any use of the rezoned parcel for other than the veterinary clinic and storage must be approved by the Planning Commission and the Town Council ; and WHEREAS the current owner of the approximately 1.6-acre southern portion of the rezoned parcel (the “Property”) has submitted an application to remove the condition restricting use of the Property to a veterinary clinic and storage , while the owner of the remaining portion of the rezoned property has submitted an application in a separate rezoning process to rezone the remaining portion of the rezoned parcel to “NC” (Neighborhood Commercial); and WHEREAS the Marana Planning Commission held a public hearing on October 27, 2021, and voted 6-0 to recommend that the Town Council approve the requested modification, with one additional recommended condition requiring a vegetative buffer along the eastern perimeter of the Property; and WHEREAS the Marana Town Council held a public hearing on this request to modify rezoning conditions on November 16, 2021, and determined that the modifications should be approved. Marana Regular Council Meeting 11/16/2021 Page 118 of 211 00078190.DOCX /1 Ordinance No. 20 21.023 - 2 - NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Marana Ordinance No. 2005.02, Section 2 is hereby amended as follows (with deletions shown with strikethroughs and additions shown with double underlining): Section 2. The purpose of this rezoning is to allow the use of the rezoned parcel Property as a Veterinary Clinic professional offices and limited commercia l facilities as allowed in the CO zone, 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 ordin ance): 1. Any use of the parcel in addition to the Clinic and storage must be approved by Planning Commission and Town Council; however, nNo residential use shall be approved. 2. Building height of the Clinic shall be restricted to single -story construction. 3. The property owners and their successors in interest shall provide, and show on the Development Plan Package site plan, a vegetative buffer along the eastern perimeter of the Property, as accepted by the Development Services Planning Manager and included i n the Silverbell Road Corridor Overlay District Development Plan review application for review and approval by the Planning Commission. 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 beg un 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 16th day of November, 2021. Mayor Ed Honea ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Marana Regular Council Meeting 11/16/2021 Page 119 of 211 Marana Regular Council Meeting 11/16/2021 Page 120 of 211 To whom it may concern:  The purpose of this letter is to inform the appropriate parties that DHP Investments Inc., has an interest  in purchasing the property located at 8300 N. Silverbell Rd., Tucson, AZ 85743/Parcel 226‐25‐007F from  Kim R. Perkins. The current zoning of the property is CO (Commercial Office) in the Continental Ranch  Specific Plan and we are requesting the removal of the rezoning condition outlined in Ordinance  2005.002 that restricts the commercial use of the parcel to “Vet Clinic and Storage only” at 8300 N.  Silverbell Road, APN 226‐25‐007.  We would like the zoning modified to allow Commercial Office use without restricting the use to a vet  clinic and storage use. While it is undetermined exactly what type of office use we have planned for the  site we want the flexibility of being able to provide all professional office uses permitted under the  zoning of CO. Without this change we cannot move forward to purchase the site as the commercial  office use we have in mind is not a Vet Clinic.  Thank you for your consideration.  Sincerely,      David A. Parry  DocuSign Envelope ID: 6B57F542-796F-45ED-8567-2560AD9F6DFD Marana Regular Council Meeting 11/16/2021 Page 121 of 211 Somerton DriveWade RoadSi l v e r b e l l R o a dContinental Reserve LoopSayante WayTacna DriveC a n t o r a D r i v e To m b s t o n e W a yN. Poudre DriveParcel 9 Continental Ranch (1-237) Parcel 7 Continental Ranch (1-118)Continental Reserve Professional Plaza Heinfeld Silverbell & Wade Continental Reserve Blocks 17 & 19 (1-102) Data Disclaimer: The Town of Marana provides this map information"As Is" at the request of the user with the understanding that it is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In noevent shall The Town of Maranabecome liable to users of these data, or any other party, for any loss or direct, indirect, special, incidental, or consequential damages, including but not limited to time, money, or goodwill, arising from the use or modification of the data. ° SubjectProperty Marana Regular Council Meeting 11/16/2021 Page 122 of 211 F. ANN RODRIGUEZ, RECORDER RECORDED BY: SGP DEPUTY RECORDER 1456 PEl DOCKET: 12571 PAGE: 2698 NO. OF PAGES: 5 SEQUENCE: 20051120587 06/10/2005 ORDIN 15:57 l SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 MAIL AMOUNT PAID $ 8.00 RE-RECORD DUE TO SCRIVENER'S ERROR Marana Ordinance No. 2005.02 is being re-recorded due to a scrivener's error. Exhibit A was unintentionally left out when the ordinance was originally recorded at Docket 12537 Page 3942; it is being re-recorded for the sole purpose of including Exhibit A. SECTION 1 OF ORDINANCE 2005.02 IS: Include the language: "as depicted on Exhibit "A" attached hereto and incorporated herein by this reference," WAS: Omitted due to Scrivener's Error EXHIBIT A IS Included Was Omitted due to Scrivener's Error 1, 1!lfI'i: I~ t e:il l~:~ 8 r:;- Marana Regular Council Meeting 11/16/2021 Page 123 of 211 F. ANN RODRIGUEZ, RECORDER RECORDED BY: D K DEPUTY RECORDER 7864 PE3 SMARA TOWN OF MARANA ATTN: TOWN CLERK / 13251 N LON ADAM~- MARANA AZ 856 5}/ DOCKET: 12537 PAGE: 3942 N5~-"OF PAGES: 3 SEQUENCE: 20050780904 04/22/2005 N 16:31 MAIL AMOUNT PAID 8.00 iiI-'. .."-_".~.._ .. -- - '. -- ....- lIL... .. . j, 2 S iWi t 115) SI n; I 1"11 i i Marana Regular Council Meeting 11/16/2021 Page 124 of 211 MARAN A ORDINANCE NO. 2005.02 RELATING TO DEVELOPMENT; APPROVING A REZONING FOR A VETERINARY CLINIC AT 8300 N. SILVERBELL ROAD. WHEREAS, Dr. Kim Perkins owns approximately 2.2 acres of land and has applied to rezone the property from "C" (Large Lot Zone) to "CO" (Commercial/Office Zone); and WHEREAS, the Marana Planning Commission held a public hearing on December 15, 2004, and voted 5-0 (two Commissioners were excused) to recommend that the Town Council approve the rezoning with the recommended conditions; and WHEREAS, the Marana Town Council heard from the owner, staff and members of the public at regular Town Council meetings held January 18, 2005, and April 19, 2005, and determined that the 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 approximately 2.2 acres of land located on the east side of Silverbell Road, approximately 425 feet south of Somerton Drive at 8300 N. Silverbell Road, fs hereby changed from Zone "C" (Large Lot Zone) to Zone "CO" Commercial/Office Zone). asfdepicted on exhlbit A attached to and incorporated herein byreerence. rSection 2. The purpose of this rezoning is to allow the use of the rezoned parcel as a Veterinary Clinic, 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 ordinance): 1.Any use of the parcel in addition to the Clinic and storage must be approved by Planning Commission and Town Council; however, no residential use shall be approved. 2.Building height of the Clinic shall be restricted to single-story construction. Section 3. Compliance with all applicable proVISIOns of the Towns Codes and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements, shall be required. Marana Ordinance No. 2005.02 Page 1 of 2 j, 0:. f," 7 1 i~thls :2 7 f\I m I u:' lll! r; i I I I Marana Regular Council Meeting 11/16/2021 Page 125 of 211 Section 4. 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 Ordinance No. 2005.02. Section 5: 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 hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of April, 2005. ATTEST: r:;r Mayor BOBBY SUTTON, JR. APPROVED AS TO FORM: rr",,.. OF M.ci ~ b..~~~s; O~~ '.. ~S CORPORATE"" ~ OOCI~_ S SEAL' =ill:!!!! 1111'\\~ .s: iIZ "\ ~L'~ lllljn\\\~ t l 1':; 3. l 1 f~ t i I 11 I I Marana Ordinance No. 2005.02 Page 2 of 2Marana Regular Council Meeting 11/16/2021 Page 126 of 211 EXHIBIT "A" ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 27, 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 THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE SOUTH 00 DEGREES 33 MINUTES 36 SECONDS EAST, ALONG SAID WEST UNE Of SAID SECTION 27, A DISTANCE Of 130.15 fEET; THENCE NORTH 89 DEGREES 26 MINUTES 19 SECONDS EAST, A DISTANCE OF 29.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 45 MINUTES 09 SECONDS EAST, A DISTANCE OF 95.89 FEET; THENCE NORTH 00 DEGREES 37 MINUTES 14 SECONDS WEST, A DISTANCE Of 100.07 FEET (NORTH 00 DEGREES 33 MINUTES 36 SECONDS WEST, 100.11 fEET, RECORD); THENCE NORTH 89 DEGREES 44 MINUTES 27 SECONDS EAST, A DISTANCE OF 226.98 fEET (NORTH 89 DEGREES 43 MINUTES 14 SECONDS EAST, 227.00 fEET, RECORD); THENCE SOUTH 00 DEGREES 33 MINUTES 29 SECONDS EAST, A DISTANCE Of 531. 01 fEET (SOUTH 00 DEGREES 33 MINUTES 36 SECONDS EAST 531.21 fEET, RECORD) TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE NORTHEAST, fROM WHICH THE RADIUS POINT BEARS NORTH 48 DEGREES 41 MINUTES 22 SECONDS EAST, SAID POINT BEING ON THE NORTH RIGHT-Of-WAY UNE OF SILVERBELL ROAD AS RECORDED IN DOCKET 9496, PAGE 562; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS Of 3840.00 FEET AND A CENTRAL ANGLE Of 08 DEGREES 03 MINUTES 38 SECONDS AND AN ARC LENGTH Of 540.22 fEET TO THE TRUE POINT OF BEGINNING. t 2 l,:~; I j 15) I~li II~r Marana Regular Council Meeting 11/16/2021 Page 127 of 211 Marana Regular Council Meeting 11/16/2021 Page 128 of 211 MARANA ORDINANCE NO. 2005.02 RELATING TO DEVELOPMENT; APPROVING A REZONING FOR A VETERINARY CLINIC AT 8300 N. SILVERBELL ROAD. WHEREAS, Dr. Kim Perkins owns approximately 2.2 acres of land and has applied to rezone the property from "C" (Large Lot Zone) to "CO" (Commercial/Office Zone); and WHEREAS, the Marana Planning Commission held a public hearing on December 15, 2004, and voted 5-0 (two Commissioners were excused) to recommend that the Town Council approve the rezoning with the recommended conditions; and WHEREAS, the Marana Town Council heard from the owner, staff and members of the public at regular Town Council meetings held January 18, 2005, and April 19, 2005, and determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town of Maran a, Arizona, as follows: Section 1. The zoning of approximately 2.2 acres of land located on the east side of Silverbell Road, approximately 425 feet south of Somerton Drive at 8300 N. Silverbell Road, is hereby changed from Zone "C" (Large Lot Zone) to Zone "CO" Commercial/Office Zone). Section 2. The purpose of this rezoning is to allow the use of the rezoned parcel as a Veterinary Clinic, 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 ofthis rezoning ordinance): 1.Any use of the parcel in addition to the Clinic and storage must be approved by Planning Commission and Town Council; however, no residential use shall be approved. Ii i.: ij'" 1 3 r 2.Building height of the Clinic shall be restricted to single-story construction.I i~:1 Section 3. Compliance with all applicable prOVISIOns of the Towns Codes and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements, shall be required. Marana Ordinance No. 2005.02 Page 1 of 2Marana Regular Council Meeting 11/16/2021 Page 129 of 211 Section 4. 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 Ordinance No. 2005.02. Section 5: 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 hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of April, 2005. ATTEST: d-æ¿' r;/' Mayor BOBBY SUTTON, JR. APPROVED AS TO FORM: U",,/~OF M.cì ~ rr'',,~~~s~~ ~ ~ 121 t,OI\PORATf \ ~ S 000 == e SEAL~ ..if;:: sIIII'II"\\~ ~iIZ ,\<!\'~lllliU\\\~ 11. í; i: r:;rl 11 d Marana Ordinance No. 2005.02 Page 2 of 2Marana Regular Council Meeting 11/16/2021 Page 130 of 211      Council-Regular Meeting   A3        Meeting Date:11/16/2021   To:Mayor and Council From:Cynthia Ross, Senior Planner Date:November 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2021.024: Related to Development; approving a rezoning of approximately .93 acres from Commercial Office (CO) to Neighborhood Commercial (NC) and .16 acres from Zone C (Large Lot Zone) to Neighborhood Commercial (NC) generally located at 8380 N. Silverbell Road, on the east side of Silverbell Road, south of Somerton Drive and west of Sayante Way (Cynthia Ross) Discussion: Request Murray Hill LLC, the owner of a 1.09 acre parcel known as Pima County Assessor’s Parcel (APN) #226-25-006B, and owner of Rockside Dental, currently operating on the west side of the site at 8380 N. Silverbell Road, requests approval to rezone approximately .93 acres from Commercial Office (CO) to Neighborhood Commercial (NC) and .16 acres from Zone C (Large Lot Zone) to Neighborhood Commercial (NC). Background The subject property and the original 2.7 acre parcel were part of the 2,544 acre Continental Ranch II annexation into the Town of Marana in 1987, by Marana Ordinance No. 87.11, with a translational zoning of ‘C’ (Large Lot Zone). The Marana Town Council later adopted Ordinance No. 88.09, establishing the surrounding properties' zoning as the Continental Ranch Specific Plan. Because of the minimum 25-acre lot size required for development in the ‘C’ zone, the subject property became a legal, non-conforming lot with an existing single family home. On April 19, 2005, the Town Council adopted Ordinance No. 2005.02, rezoning Marana Regular Council Meeting 11/16/2021 Page 131 of 211 approximately 2.2 acres of the original 2.7 acre parcel of land, generally located in the 8300 block of N. Silverbell Road, south of Somerton Drive, from Zone ‘C’ (Large Lot Zone) to Commercial Office (CO). Conditions placed on the rezoning pertained to the property’s use as a veterinary clinic, and include: (1) any use of the parcel in addition to the clinic and storage must be approved by the Planning Commission and Town Council; (2) no residential use shall be permitted on the property; and (3) the building height of the clinic shall be restricted to a single story. Dr. Kim Perkins, D.V.M. was the owner of the property. On November 18, 2008, the Mayor and Town Council adopted Ordinance No. 2008.23, rezoning approximately .36 acres of land located on the western third of property known as 8380 N. Silverbell Road, from Zone ‘C’ (Large Lot Zone) to Commercial Office (CO). Conditions placed on the rezoning include: (1) the building height of the office shall be restricted to single-story construction, not to exceed 20-feet in height; (2) the proposed use shall be limited to a maximum traffic generation of 50 daily trips or as accepted by the Planning Manager or Town Engineer; and (3) no residential use shall be permitted. David Torres was the owner of the property. On February 17, 2017, a Development Plan was administratively approved for the Slivka Dental Office, on the .36 acre CO zoned site located at 8380 N. Silverbell Road (Marana Case No. DPR1610-001). Murray Hill, LLC, was the property owner. Rockside Dental Murray Hill, LLC has purchased vacant land to the east of the existing office with plans to expand the business, now called Rockside Dental. Proposed plans include constructing an office addition onto the rear of the existing building and expanding the parking to accommodate growth. The expansion requires a revised development plan, Silverbell Road Corridor Overlay District Design review, and a rezoning, because the area of expansion has two separate zoning districts: Zone ‘C’ (Large Lot Zone) and Commercial Office (CO). The Development Plan Package for the Rockside Dental Expansion (DPP2108-001) is currently under review and proposes a 20-foot tall, 5,170 square foot addition onto the existing 3,185 square foot building. The Rockside Dental Silverbell Road Corridor Overlay District Design application was approved by the Planning Commission with a vote of 6-1 on September 29, 2021. Rezoning Request For reasons unknown, a 30-foot by 226-foot area located in the northern portion of the expansion area was not included in the 2005 or 2008 rezoning actions and is still zoned ‘C’ (Large Lot Zone) today. Because Town zoning regulation does not allow development on non-conforming 'C' zoned land, staff has advised the applicant to rezone the property to a single zone. Since the 2008 rezoning to Commercial Office, the 'CO' and 'C' zones have been designated as Legacy Zoning Districts on June 15, 2021 when the Town updated the Land Development Code by Ordinance No. 2021.010. Per Marana Town Code Section 17-4-16, Legacy Zones are zoning districts that currently exist within the Town limits, but that are intended to be phased out over time and intended to be deleted when no land in the Town has that zoning designation. The Town will not rezone land to any of Marana Regular Council Meeting 11/16/2021 Page 132 of 211 these Legacy Zoning Districts. The Town now has three commercial zoning districts: Resort and Recreation (RR); Neighborhood Commercial (NC); and Village Commercial (VC). The Neighborhood Commercial (NC) zone is the closest translational zone for the existing and proposed use of the property because it accommodates businesses serving neighborhood residential needs including retail sales and professional services and ensures compatibility with adjacent residential uses. Although restaurants and bars are allowable service uses in the NC zone, the applicant has agreed to not allow either use on the property to avoid disturbing the Continental Ranch neighbors located north and east of the property. The prohibition of restaurant and bar service use has been placed as a condition of rezoning approval. Make Marana 2040 General Plan The existing Rockside Dental and proposed expansion area is in compliance with the General Plan land use designation of the property which includes community and regional commercial and professional offices and business parks. Surrounding and Existing Land Use The project site is bounded on the north, west and east side by the Continental Ranch Parcel 9 subdivision, a 237 lot residential community Zoned F – Continental Ranch Specific Plan, with a land use designation of Medium Density Residential (MDR). Adjacent to the west is Silverbell Road, a four-lane arterial roadway, and adjacent to the south is a 1.62 acre vacant lot zoned Commercial Office. Access and Circulation The existing dentist office has a single driveway connection to Silverbell Road, which will continue to provide access to the proposed, fully developed project site. Utilities and Services The existing dental office has utility services provided by Tucson Water, Pima County Wastewater, Tucson Electric Power, Comcast and CenturyLink and is located within the Northwest Fire District service area. Grading and Drainage The existing dental office site is fully developed. The proposed expansion of the dental office will include the grading/development of a majority of the balance of the site to provide the required building site, parking and drainage facilities. Topography/hydrology The site is generally flat, sloping and draining to the northeast corner of the project site, which discharges into an existing drainage channel provided for the project site through/by the adjacent Continental Ranch Block 9 residential development. Public Notification This public hearing was properly noticed in the Daily Territorial newspaper, and all property owners within 300 feet of the rezoning area were noticed by U.S. Mail of the date, time and topic of the public hearing. Additional notices were posted at various locations within the community and on the Town's website. Marana Regular Council Meeting 11/16/2021 Page 133 of 211 Case Analysis Review Criteria Pursuant to Marana Town Code Section 17-3-1(D), the Planning Commission and the 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 providing additional commercial development opportunities. 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. Based on the recommended requirements and conditions, the rezoning amendment is compatible with the surrounding area and does not appear to 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. That 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. Marana Regular Council Meeting 11/16/2021 Page 134 of 211 Based upon the rezoning requirements and conditions, there is adequate utility infrastructure 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. NA 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. Staff Recommendation: This is a discretionary item for the Town Council to consider.  Should the Town Council wish to approve this item, staff recommends the approval be subject to the conditions set forth in the draft ordinance included with these agenda materials. Planning Commission Recommendation The Planning Commission heard the request for the proposed rezoning at a public hearing on October 27, 2021 and voted 6-0 to recommend approval of the rezoning to the Town Council subject to the recommended conditions and with one additional recommended condition: The property owner shall provide adequate vegetative screening to the sides of the north and east property lines abutting the Continental Ranch subdivision wall. Suggested Motion: I move to adopt Ordinance No. 2021.024, approving the Rockside Dental Rezoning, subject to the recommended conditions. Attachments Ordinance No. 2021.024 Rockside Dental Rezone Exhibit A Legal Description Project Application Translational Zoning Application Narrative Marana Regular Council Meeting 11/16/2021 Page 135 of 211 Translational Zoning Application Narrative Site Plan Map Exhibits Revised Landscape Plan Marana Regular Council Meeting 11/16/2021 Page 136 of 211 Ordinance No. 2021.024 - 1 - 11/5/2021 12:45 PM [CLR] MARANA ORDINANCE NO. 20 21.024 RELATED TO DEVELOPMENT; APPROVING A REZO NING OF APPROXIMATELY .93 ACRES FROM COMMERCIAL OFFICE (CO) TO NEIGHBORHOOD COMMERCIAL (NC) AND .16 ACRES FROM ZONE C (LARGE LOT ZON E) TO NEIGHBORHOOD COMMERCIAL (NC) GENERALLY LOCATED AT 8380 N. SILVERBELL ROAD, ON THE EAST SIDE OF SILVERBELL ROAD, SOUTH OF SOMERTON DRIVE AND WEST OF SAYANTE WAY WHEREAS on April 19, 2005, the Mayor and Town Council adopted Ordinance No. 2005.02 rezoning approximately 2.2 acres of land located on the east side of Silverbell Road, approximately 425 feet south of Somerton Drive at 8300 N. Silverbell Road from Zone C (Large Lot Zone) to Commercial Office (CO); and WHEREAS o n November 18, 2008, the Mayor and Town Council adopted Ordinance 2008.23 rezoning approximately .36 acres of land located on the east side of Silverbell Road between Wade Road and Continental Reserve Loop from Zone C (Large Lot Zone) to Commercial Office (CO); and WHEREAS Murray Hill, L.L.C. (the “Property Owner”) owns 1.09 acres of land located within a portion of the Southwest Quarter of Section 27, Township 12 South, Range 12 East, described on Exhibit “A” attached to and incorporated in this ordinance by this reference (the “Rezoning Area”); and WHEREAS the Pro perty Owner has authorized Baker & Associates Engineering, Inc. to submit an application to rezone 1.09 acres of the Rezoning Area from approximately .93 acres of Commercial Office (CO) to Neighborhood Commercial (NC) and from .16 acres of Zone C (Large Lot Zone) to Neighborhood Commercial (NC); and WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on October 27, 2021 and voted 6-0 to recommend approval of the rezoning to the Town Council subje ct to the recommended conditions and with one additional recommended condition: the Property O wner shall provide adequate vegetative screening to the sides of the north and east property lines abutting the Continental Ranch subdivision wall; and WHEREAS the Marana Town Council held a public hearing on this Rezoning on November 16, 2021 and determined that the application for rezoning should be approved; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Marana Regular Council Meeting 11/16/2021 Page 137 of 211 Ordinance No. 2021.024 - 2 - 11/5/2021 12:45 PM [CLR] Section 1. The zoning of the Rezoning Area is hereby changed from approximately .93 acres of Commercial Office (CO) to Neighborhood Commercial (NC) and fro m .16 acres of Zone C (Large Lot Zone) to Neighborhood Commercial (NC). 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 Owner and its successors in interest (all of whom are collectively inclu ded in the term “Property Owner” 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 including, but not limited to, requirements for public improvements and payment of application fees and applicable development impact fees. 2. A master drainage study must be submitted by the Property Owner and accepted by the Town Engineer prior to Town approval of a preliminary plat or development plan for any portion of the Rezoning Area. 3. A detailed traffic impact analysis must be subm itted by the Property Owner and accepted by Town staff prior to 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 Owner and accepted by Tucson Water (the “water provider”) prior to approval of a preliminary plat 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 development. If the water provider requires a water service agreement as a condition of service to the proposed development, the Property Owner must enter into a water service agreement with the water provider consistent with the accepted WIP. 5. A master sewer plan must be submitted by the Prope rty Owner and accepted by the 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 P roperty Owner must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 6. The Property Owner must design and construct any roadway, drainage, water and wastewater improvements, and dedicate or acqui re any property rights associated with those improvements, that the Town requires based on the data and findings 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 Marana Regular Council Meeting 11/16/2021 Page 138 of 211 Ordinance No. 2021.024 - 3 - 11/5/2021 12:45 PM [CLR] the approval of a preliminary plat or development plan for any portion of the Rezoning Area. 7. The Property Owner shall transfer to the water provider, by the appropriate Arizona Department of Water Resources form, those water ri ghts 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 provid er and the Property Owner shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. 8. The final design of all circulation facilities, including gated access (if applicable) and emergency access, must be accepted by the Northwest Fire District prior t o approval of a development plan for any portion of the Rezoning Area. 9. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Property Owner from responsibility to ensure co mpliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The Property Owner should retain appropriate experts and consult appropriate federal and state agencies to determine any acti on necessary to assure compliance with applicable laws and regulations. 10. Prior to the issuance of any grading permits, the Property Owner 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. 11. The Property Owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 12. Any development plan for the Rezoning Area shall be in general conformance with the conceptual development plan presented to and approved by the Town Council as part of this Rezoning. 13. The operation of a restaurant or bar is prohibited in the Rezoning Area. 14. The Property O wner shall provide adequate vegetative screening to the sides of the north and east property lines, abutting the Continental Ranch subdivision wall. 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 Regular Council Meeting 11/16/2021 Page 139 of 211 Ordinance No. 2021.024 - 4 - 11/5/2021 12:45 PM [CLR] PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of November 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 11/16/2021 Page 140 of 211 Exhibit A - Legal Description to Ordinance No. 2021.024 Marana Regular Council Meeting 11/16/2021 Page 141 of 211 PCZ2110-001 10/5/2021 Marana Regular Council Meeting 11/16/2021 Page 142 of 211 11555 WEST CIVIC CENTER DRIVE / MARANA, ARIZONA 85653 / (520) 382-1900 / FAX: (520) 382-1901 / MaranaAZ.gov Translational Rezoning or Non-Site Analysis Rezoning Request Form Attendance to a pre-application meeting is a pre-requisite to a rezoning application submittal. Additional application requirements may be established by the Planning Manager based on the complexity of the rezoning. At a minimum, applications for an amendment to the zoning map, or change in zoning classification, shall include the following: 1: Narrative Request Provide the following information: 1. The proposed use of the property and why the rezoning is needed. ___Proposed use is professional office. Rezoning is required to “clean up” underlying zonings for the parcel. Existing zoning consists of “C” (Large Lot) and “CO” under 2 separate rezoning cases (Ordinance 2005.02 & Ordinance 2008.23)____________________________________________________________________ 2. The proposed rezoning land use relationship to the Marana General Plan Future Land Use designation. _The proposed rezoning/translational rezoning to “NC” (Neighborhood Commercial) is consistent with the General Plan. ___________________________________________________________________________ ____________________________________________________________________ 3. The total number and size of residential units and lots proposed. ___None____________________________________________________________________ ___________________________________________________________________________ 4. Describe the existing uses on the site, if any and whether the existing uses will be removed, altered or remain. __The westerly portion of the site is currently a dental office and shall remain, as allowed by the rezoning under Ordinance 2008.23. The remaining portion of the site is vacant. ___________________________________________________________________________ ___________________________________________________________________________ Marana Regular Council Meeting 11/16/2021 Page 143 of 211 11555 WEST CIVIC CENTER DRIVE / MARANA, ARIZONA 85653 / (520) 382-1900 / FAX: (520) 382-1901 / MaranaAZ.gov 5. Discuss public service and utility information, including how the property will be served by water, sewer, gas, electricity, telephone, fire district and other utilities. __The existing dental office has utility services provided by Tucson Water, Pima County Wastewater, Tucson Electric Power, Comcast and CenturyLink. The site is located within Northwest Fire District. ___________________________________________________________________________ 6. Describe the proposed site disturbance and preliminary grading. __The existing dental office site is fully developed. The proposed expansion of the dental office will include the grading/development of a majority of the balance of the site to provide the required building site, parking and drainage facilities. ___________________________________________________________________________ 7. Describe site topography and preliminary hydrology or drainage information. _The site is generally flat, sloping and draining to the northeast corner of the project site, which discharges into an existing drainage channel provided for the project site through/by the adjacent Continental Ranch Block 9 residential development. ___________________________________________________________________________ 8. Other pertinent information as requested at the pre-application meeting ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Provide the following information for a commercial property rezoning: 1. Describe the operational plan of the proposed business including total number of employees, number of parking spaces and expected hours of operation. ____Employee count at full development = 20 employees Operating hours: 8 am-5 pm, Monday-Thursday, 8am – 4 pm, Friday, Closed-Weekends Total parking provided: 40 spaces (including 2 accessible spaces) ___________________________________________________________________________ Marana Regular Council Meeting 11/16/2021 Page 144 of 211 11555 WEST CIVIC CENTER DRIVE / MARANA, ARIZONA 85653 / (520) 382-1900 / FAX: (520) 382-1901 / MaranaAZ.gov 2. Planned height and square footage of any proposed buildings. ____Proposed Building Height = 21’ Total Building SF (existing & expansion) = 8400 SF± ___________________________________________________________________________ 3. Describe planned or existing access to the public street network. __The existing dentist office has a single driveway connection to Silverbell Road. This will continue to provide access to the proposed fully developed project site ___________________________________________________________________________ ___________________________________________________________________________ 4. Other pertinent information as requested at the pre-application meeting ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 2: Conceptual Site Plan A conceptual site plan is a birds-eye view of a property which contains sufficient information to understand the scope, impact and development proposal of a property. Please show the following applicable items:  Property dimensions on all sides of proposed or existing lot(s)  North arrow  Existing and proposed driveways  Existing and proposed easements  Adjacent street names  Grading limits clearly marked  Location of drainage areas  Location and setbacks of all existing/proposed structures  Square footage of existing/proposed structures  Building height of existing/proposed structures Marana Regular Council Meeting 11/16/2021 Page 145 of 211 11555 WEST CIVIC CENTER DRIVE / MARANA, ARIZONA 85653 / (520) 382-1900 / FAX: (520) 382-1901 / MaranaAZ.gov  Location of utilities, including water, sewer, gas, electricity, telephone, and other utilities.  Applicable bufferyards labeled with the width and type  Extent of paving or parking area  Adjacent properties zoning/use  Other pertinent information as requested at the pre-application meeting Standardized Town-generated maps provided to applicant: 1. Location 2. Existing Zoning 3. Proposed Zoning 4. General Plan Land Use 5. Floodplain/Topography Marana Regular Council Meeting 11/16/2021 Page 146 of 211 REZONING EXHIBIT for ROCKSIDE DENTAL EXPANSION BEING A PORTION OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 12 EAST SCALE: HORIZ: 1"=20'2485.1-REZONING EXHIBITREV. DATE:DESIGNED BY: MVM DRAWN BY: MVM DRAWING #DATE: 10/4/21 SHEET PLAN #2485.1REV. DATE: 1CHECKED BY: MVM of 1 Baker & Associates Engineering, Inc. 3561 E. Sunrise Drive, Suite #225 Fax (520) 318-1930Tucson, Arizona 85718 (520) 318-1950 8380 N SILVERBELL RD Marana Regular Council Meeting 11/16/2021 Page 147 of 211 P O C O N O W YFALLEN PETAL DRNUEVAVISTADRKERN DR AU T U M N D E W C TKAMELIK PLPETITE PLC A N T O R A W YCANTAMAR STRI F L E W Y R E D C L I F F W Y CH E R V I L P LWADE RDPOUDREDRWESTCLIFF DRSOM ERTOND R AMBER BURST DRAMBERBUR S T C T SILV E R B ELL RD SAYANTE WYTO M B S T O N E W YCONTINENTALRESERVELP MAMMOTHDRR E D S T O N E PLAUTUMNGOLDCT RAWLINSWYHARCUVAR DRGLOWIN G S T A R D R SAUCEDADRTACNADRALEGRIADR0 400 800 Feet 8380 N Silverbell Rd Parcel Printed by: bcanale Path: U:\Planning\2021\Rockside_Dental_Rezone\RocksideDental_Location.mxd © Town of Marana 10/7/2021 8380 N. Silverbell Road Location Map µ Marana Regular Council Meeting 11/16/2021 Page 148 of 211 !NC NeighborhoodCommercial F [SpecificPlan] F[SpecificPlan] F [SpecificPlan] D DesignatedFloodplainZone CO Commercial(Office) C LargeLot Zone P O C O N O W YFALLEN PETAL DRNUEVAVISTADRKERN DRKAMELIK PLPETITE PLC A N T O R A W YCANTAMAR STRI F L E W Y R E D C L I F F W Y CH E R V I L P LWADE RDPOUDRE DRWESTCLIFFDRSOM ERTOND R AMBER BURST DRAM BE RBUR S T C T SIL V E R B E L L R D SAYANTE WYTO M B S T O N E W YCONTINENTALRESERVELP MAMMOTHDRR E D S T O N E PLAUTUMNGOLDCT RAWLINSWYHARCUVARDRGLOWIN G S T A R D R SAUCEDADRTACNADRALEGRIADR0 400 800 Feet 8380 N Silverbell Rd Parcel Printed by: bcanale Path: U:\Planning\2021\8380_Silverbell_Rezone\8380_Silverbell_CurrentZoning.mxd © Town of Marana 10/8/2021 8380 N. Silverbell Road Current Zoning µ Marana Regular Council Meeting 11/16/2021 Page 149 of 211 Commercial MasterPlannedArea Commercial Parks /Open Space P O C O N O W YFALLEN PETAL DRNUEVAVISTADRKERN DRKAMELIK PLPETITE PLC A N T O R A W YCANTAMAR STRI F L E W Y R E D C L I F F W Y CH E R V I L P LWADE RDPOUDRE DRWESTCLIFFDRSOM ERTOND R AMBER BURST DRAM BE RBUR S T C T SIL V E R B E L L R D SAYANTE WYTO M B S T O N E W YCONTINENTALRESERVELP MAMMOTHDRR E D S T O N E PLAUTUMNGOLDCT RAWLINSWYHARCUVARDRGLOWIN G S T A R D R SAUCEDADRTACNADRALEGRIADR0 400 800 Feet 8380 N Silverbell Rd Parcel Printed by: bcanale Path: U:\Planning\2021\8380_Silverbell_Rezone\8380_Silverbell_GP_FLU.mxd © Town of Marana 10/8/2021 8380 N. Silverbell Road General Plan Future Landuse µ Marana Regular Council Meeting 11/16/2021 Page 150 of 211 NC NeighborhoodCommercial F [SpecificPlan] F[SpecificPlan] F [SpecificPlan] D DesignatedFloodplainZone COCommercial(Office) NC NeighborhoodCommercial P O C O N O W YFALLEN PETAL DRNUEVAVISTADRKERN DRKAMELIK PLPETITE PLC A N T O R A W YCANTAMAR STRI F L E W Y R E D C L I F F W Y CH E R V I L P LWADE RDPOUDRE DRWESTCLIFFDRSOM ERTOND R AMBER BURST DRAM BE RBUR S T C T SIL V E R B E L L R D SAYANTE WYTO M B S T O N E W YCONTINENTALRESERVELP MAMMOTHDRR E D S T O N E PLAUTUMNGOLDCT RAWLINSWYHARCUVARDRGLOWIN G S T A R D R SAUCEDADRTACNADRALEGRIADR0 400 800 Feet 8380 N Silverbell Rd Parcel Printed by: bcanale Path: U:\Planning\2021\8380_Silverbell_Rezone\8380_Silverbell_ProposedZoning.mxd © Town of Marana 10/8/2021 8380 N. Silverbell Road Proposed Zoning µ Marana Regular Council Meeting 11/16/2021 Page 151 of 211 E: jhucko789@comcast.net P: (520) 400.8529 JOHN HUCKO - LANDSCAPE ARCHITECT 5236 N. STONEHOUSE PL. TUCSON, ARIZONA 85750 PROJECT NO: 20-41 DATE: 11-7-21 Marana Regular Council Meeting 11/16/2021 Page 152 of 211      Council-Regular Meeting   A4        Meeting Date:11/16/2021   To:Mayor and Council From:Luke Fischer, Senior Assistant Town Attorney Date:November 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Ordinance No. 2021.025: Relating to Public Nuisance and Property Preservation; amending the Marana Town Code by adopting new Title 18 entitled Public Nuisance and Property Preservation establishing public nuisance and property preservation standards for the health and safety of the citizens of the Town of Marana; defining and establishing penalties for violations and providing for enforcement procedures; deleting Marana Town Code Chapter 10-2 (Maintenance of Property), Chapter 11-7 (Storage of Inoperable or Junked Vehicle), Section 11-3-3 (Graffiti Prohibited; Abatement Procedures; Penalty), and Section 10-1-4 (Illegal Dumping; Classification); and designating an effective date (Lisa Shafer)    Resolution No. 2021-147: Relating to Public Nuisance and Property Preservation; declaring as a public record filed with the Town Clerk Marana Town Code Title 18 (Public Nuisance and Property Preservation) adopted by Ordinance No. 2021.025 (Lisa Shafer) Discussion: On February 9, 2021, Town staff presented a Town Code update to Mayor and Council that included the desire of staff to implement the Town's first Neighborhood Preservation Code.  At Council's direction, staff from Code Enforcement, Development Services and the Legal Department worked together to assemble a draft code that was presented to Council on June 15, 2021.  During this meeting Council directed staff to finalize the draft and make it available for public comment.  After receiving input from Town staff, the Marana Police Department and the Marana Municipal Court, the draft code was placed on the Town's website and sent out through Marana Regular Council Meeting 11/16/2021 Page 153 of 211 Nextdoor to all the homes in Marana with Nextdoor accounts.  The draft code was also discussed with the business community at the September 29th Marana Chamber Insight meeting.  To date, staff has received five comments from the public through the Town's online comment submission, two of which expressed support for the ordinance, one of which requested an unwanted noise provision be included, one stated that no additional regulations were wanted or necessary and one voiced concern with the draft code including native plants as weeds.  On Nextdoor, 2,579 people opened the post that was sent out.  Although staff did not receive any comments through Nextdoor, four heart emojis and one smiley face emoji were posted.   If adopted, Ordinance No. 2021.025 will create Title 18 of the Marana Town Code, which consolidates various code enforcement provisions found throughout different chapters and sections of the Town Code, including Chapters 10-2 (Maintenance of Property) and 11-7 (Storage of Inoperable or Junked Vehicle), and Sections 10-1-4 (Illegal Dumping; Classification) and 11-3-3 (Graffiti Prohibited; Abatement Procedures; Penalty). If approved, these provisions will be repealed and replaced by similar provisions in Title 18. Additionally, Title 18 adds new provisions to the Town Code designed to promote the health and safety of the citizens of the Town of Marana by protecting neighborhoods against public nuisances and blight. Among other things, Title 18 defines and prohibits public nuisances, regulates additional health and safety hazards not currently codified in the Marana Town Code, provides protective measures designed to preserve natural desert and provides stronger protections against dilapidated buildings. The ordinance also codifies specific enforcement practices, including cooperative corrective action plans, and provides new court processes for civil and criminal complaints.      Staff Recommendation: Staff recommends adoption of Ordinance No. 2021.025 and Resolution 2021-147, amending the Marana Town Code by adopting new Title 18 and deleting certain chapters and sections of the Marana Town Code. Suggested Motion: I move to adopt Ordinance No. 2021.025 and Resolution No. 2021-147, amending the Marana Town Code by adopting new Title 18 and deleting Marana Town Code Chapter 10-2, Chapter 11-7, Section 11-3-3, and Section 10-1-4. Attachments Ordinance No. 2021.025 Title 18 Resolution No. 2021-147_Title 18 Exhibit A_ Attachment _Title 18 Marana Regular Council Meeting 11/16/2021 Page 154 of 211 00078169.DOCX /1 Ordinance No. 2021.025 - 1 - MARANA ORDINANCE NO. 2021.025 RELATING TO PUBLIC NUISANCE AND PROPERTY PRESERVATION; AMENDING THE MARANA TOWN CODE BY ADOPTING NEW TIT LE 18 ENTITLED PUBLIC NUISANCE AND PROPERT Y PRESERVATION ESTAB LISHING PUBLIC NUISANCE AND PROPERTY PRESERVATION STANDAR DS FOR THE HEALTH AND SAFETY OF THE CITIZENS OF T HE TOWN OF MARANA; DEFINING AND ESTABLISHING PENALTIES FOR VIOLATIONS AND PROVIDING FOR ENFORCEMENT PROCEDURES; DELETING MARANA TOWN CODE CHAPTER 10-2 (MAINTENANCE OF PROP ERTY), CHAPTER 11-7 (STORAGE OF INOP ERABLE OR JUNKED VEHICLE), SECTION 11-3-3 (GRAFFITI PROHIBITED; ABATEMENT PROCEDURES; PENALTY), AND SECTION 10-1-4 (ILLEGAL DUMPING; CLASSIFICATION); AND DESIGNATING AN EFFECTIVE DATE WHEREAS pursuant to A.R.S. § 9-499, the Town of Marana may enact laws regulating properties whose condition is hazardous to public health and safety; and WHEREAS the Mayor and Council of the Town o f Marana find that the adoption of new Title 18 (Public Nuisance and Property Preservation) is in the best inte rests 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. The Marana Town Code is hereby amended to add new Title 18 entitled Public Nuisance and Prope rty Preservation, one paper copy and one electronic copy of which are on file in the office of the Town Clerk , which was made a public record by and attached as Exhibit A to Resolution No. 2021-147 of the Town of Marana, Arizona, and which is hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. The following penalty clauses are included in Marana Town Code Title 18 (Public Nuisance and Property Preservation ) as adopted pursuant to this ordinance : Marana Regular Council Meeting 11/16/2021 Page 155 of 211 00078169.DOCX /1 Ordinance No. 2021.025 - 2 - 18-4-2 Each day separate violation Each day any violation of any provision of this title or the failure to perform any act or duty required by this title continues shall constitute a separate offense. 18-5-3 Enforcement options A. The town, its officers and employees may enforce this title by one or more lawful means, including but not limited to, voluntary compliance, administrative and civil consent orders, civil enforcement, including injunctive action, criminal enforcement and abatement by administrative procedure, emergency abatement and abatement regarding criminal activity. The town may also require restitution and additional fees. The town may immediately remove any hazardous item, structure or sign from any street or public place. One type of enforcement neither limits nor precludes the town from pursuing any other type of enforcement. B. A violation of this title is in addition to any other violation of the Town Code. Enforcement of a violation of this title in no way limits enforcement of any other violation of the Town Code or of state statutes. 18-5-4 Misdemeanor violations Notwithstanding the provisions of section 18-5-3, a violation of this title may only be deemed a class one misdemeanor if the violation is: A. The second or subsequent public nuisance as defined in section 18-2- 1, or B. The second or subsequent violation of any other section within two years of the first violation. 18-5-8 Civil complaints A. The town manager or designee, code enforcement officers, the town attorney and Marana police officers may bring civil complaints under this title. B. The complaint shall include a written description and statutory designation of the violation(s). C. The town shall attempt to hand deliver the civil citation to the person accused of violating this Code. If the town is unable to hand deliver the civil citation, the town may serve it by certified or registered mail, return receipt requested, or by any means allowed by the Arizona Rules of Civil Marana Regular Council Meeting 11/16/2021 Page 156 of 211 00078169.DOCX /1 Ordinance No. 2021.025 - 3 - Procedure, to include alternative service methods approved by the court. If the town sends a citation via certified or registered mail, an additional copy must also be sent by regular mail. D. The citation is deemed served on the date it is hand delivered or, if mailed, on the date of signature on the return receipt. 18-5-9 Civil complaints; court appearance or failure to appear A. On the date specified in the complaint, the defendant shall appear in municipal court in person or through an attorney. The defendant shall admit or deny the allegations in the complaint. If the defendant admits the allegations, the court shall enter judgement against the defendant and impose the civil penalties set forth in section 18-5-14 below, and require additional fees pursuant to 18-5-16 below. If the defendant denies the allegations, the court shall set the matter for hearing. B. If a defendant served with a complaint fails to appear on the date specified in the complaint, or fails to appear at the hearing set by the court, the allegations in the complaint are deemed admitted. The court shall enter judgement against the defendant and impose the civil penalties set forth in section 18-5-14 below, and require additional fees pursuant to 18-5-16 below. 18-5-10 Authority to issue criminal complaints A Marana police officer may issue a criminal citation or the town attorney may bring criminal complaints under this title. 18-5-12 Procedure for abatement petitions filed in municipal court A. After notice to the owner and any responsible party, the judge shall conduct a hearing. Both the town and defendant(s) shall have an opportunity to be heard and present evidence. The rules of evidence shall not apply to these hearings but the judge may make rulings on the conduct of these hearings to ensure that they proceed in an orderly and efficient manner. The judge shall determine whether a violation of this title exists and order an abatement of the violation as appropriate in accordance with subsection B of this section. The court's determination shall be based on a preponderance of the evidence. If a defendant fails to appear for a hearing, the court shall hold the hearing in the defendant’s absence. If the town fails to appear for a hearing, the court shall dismiss the petition without prejudice. B. Upon finding that abatement is appropriate, the court may order demolition, board- up, cleanup, inspection or any other action the court deems reasonably necessary to abate the violation. Marana Regular Council Meeting 11/16/2021 Page 157 of 211 00078169.DOCX /1 Ordinance No. 2021.025 - 4 - C. Demolition of a structure shall only be ordered following issuance of notice as required by subsection A of this section to the owner and any responsible parties with an interest in the property that is recorded in the office of the county recorder and in accordance with this title . Notice to the interested parties may be recorded against the property. D. The reasonable costs of any abatement permitted by the court's order shall be the responsibility of the owner and may be assessed and recorded as provided in sections 18-5-21 and 18-5-22. E. The notice required in subsection A shall generally comply with Rule 4 of the Arizona Rules of Civil Procedure, except that upon petition by the town attorney the court may, upon a finding of good cause, deem the notice requirement satisfied by notice being posted in a conspicuous location on the subject property. F. The provisions of chapter 18-6 of this title do not apply to abatements brought under this section. 18-5-13 Procedure for emergency abatement petitions filed in municipal court A. If a violation of this title presents an imminent hazard to life, health or public safety, the court may immediately consider and grant emergency abatement orders brought on behalf of the town by the town attorney. B. Notice of the abatement petition and order shall be posted on the property in accordance with subsection 18-5-23 B.3. C. The provisions of chapter 18-6 of this title and subsection 18-5-23 E do not apply to abatements brought under this section. 18-5-14 Civil penalties A. The civil penalty may be determined by the court, by plea agreement, or by stipulation. The court shall also impose all other fees and surcharges applicable under state statutes and Title 5 and 18 of the Town Code, including section 18-5-16. B. On proper evidence that the violation(s) has been corrected and the defendant is in compliance with this title at the time of the hearing, the penalties may be reduced. 18-5-15 Criminal penalties A. The criminal penalty may be determined by the court, by plea Marana Regular Council Meeting 11/16/2021 Page 158 of 211 00078169.DOCX /1 Ordinance No. 2021.025 - 5 - agreement, or by stipulation. The court shall also impose all other fees and surcharges applicable under state statutes and Title 5 and 18 of the Town Code, including section 18 -5-16. B. On proper evidence that the violation(s) has been corrected and the defendant is in compliance with this title at the time of the hearing, the penalties may be reduced. 18-5-16 Additional fees In addition to the penalties of sections 18-5-14 and 18-5-15, the court shall, as part of its sentence, impose all costs of abatement to compensate the town for its costs to bring a building or land into compliance with this title. Additionally, the court may impose i nspection costs, court costs and prosecution costs. 18-5-17 Notice to abate A. If, after an inspection, the town finds one or more violations of this title, the town may require correction of the violation(s). If the town requires correction, the town may issue a notice to abate to the owner, the owner's authorized agent or the owner's statutory agent, and the occupant or lessee. B. The notice to abate shall be in writing and shall set forth: 1. The identification of the land where the violation is located, by legal description, including the street address, if known, or by book, map and parcel number, if the street address is unknown. 2. A statement of the violation(s) in sufficient detail to allow a reasonable person to identify and correct the violation(s). 3. The date by which the owner, the owner's authorized agent, the owner’s statutory agent, the occupant or lessee shall correct the violation, which date shall not be less than 30 days from service of the notice. 4. The name and phone number of the inspector who sent the notice. 5. The estimated cost of abatement to the town. 6. If the violation(s) is not corrected by the date specified for abatement, the town may abate the violation(s), assess the owner, occupant and/or the lessee the cost of abatement, and record a lien on the land for the assessment. 7. The appeal procedures, if any. Marana Regular Council Meeting 11/16/2021 Page 159 of 211 00078169.DOCX /1 Ordinance No. 2021.025 - 6 - 18-5-19 Effect of notice to abate A. A notice to abate is effective upon any person served in conformance with section 18-5-18 or section 18-5-23 and any person with actual notice. B. A notice to abate runs with the land. C. The town may record a notice to abate in the Pima County Recorder’s Office. 18-5-20 Town may abate If the owner, occupant or lessee subject to the notice to abate fails to correct the violation(s), the town may: A. Abate the violation(s), B. Assess the owner, occupant and/or the lessee the cost of abatement, and C. Record a lien on the land for the assessment. 18-5-21 Town assessment for abatement A. Following abatement, the town shall prepare a statement of the cost of abating the violation of this chapter. B. The statement shall be mailed to the owner, the owner’s statutory agent, the occupant and lessee at the address used to serve the notice to abate. C. The statement shall set forth: 1. The statement of cost is an assessment upon the land from which the town abated the violation. 2. The payment of the statement of cost shall be made by the date specified in the statement of cost. 3. If payment is not made by the date specified in the statement of cost, the town shall place a lien on the land in the amount of the statement. 4. The appeal procedures, if any. 18-5-22 Assessment lien A. The town’s statement of cost under secti on 18-5-21 above shall be: 1. An assessment on the land from which the town abated the Marana Regular Council Meeting 11/16/2021 Page 160 of 211 00078169.DOCX /1 Ordinance No. 2021.025 - 7 - violation(s), and 2. Collected at the same time and in the same manner as other town assessments are collected. B. The town shall record the assessment in the Pima County Recorder’s Office. From the date of its recording, the assessment shall be a lien on the land. C. The lien shall be inferior only to general tax liens. D. After recording the lien, the town may institute an action to enforce the lien in the superior court for Pima County. The recorded assessment is prima facie evidence of the truth of all matters recited in the assessment and the regularity of all proceedings before the recordation. Upon judgement of foreclosure and order of sale, the town shall sell the land to satisfy the lien. E. A prior assessment under this section is not a bar to a later assessment. Any number of liens on the same land may be enforced in the same action. F. Failure to enforce the lien shall not affect its validity. 18-5-23 Emergency abatement A. If a violation of this title presents an imminent hazard to life , health or public safety, the town may notify the owner, the owner's authorized agent, the owner's statutory agent, occupant or person responsible for the violation to correct the violation immediately or the town may abate the violation. B. A notice for emergency abatement may be written, oral or electronic. A written notice shall be served by any of the following methods: 1. By hand delivering a copy of the notice to the owner, the owner's authorized agent, the owner's statutory agent, occupant, lessee and/or person responsible for the violation, or 2. By mailing a copy of the notice to the owner, the owner's authorized agent, the owner's statutory agent, occupant, lessee and/or person responsible for the violation at the last known address, or 3. By prominently posting a copy of the notice on the building, accessory improvement, land or vehicle in violation. C. Written notice is deemed served on the date it is hand delivered, or if mailed, on the date it is deposited in the United States mail, or the date it is posted. D. Whether or not notice is served, the town may abate the violation. Marana Regular Council Meeting 11/16/2021 Page 161 of 211 00078169.DOCX /1 Ordinance No. 2021.025 - 8 - E. Upon request, the owner, the owner's authorized agent, the owner’s statutory agent, occupant, lessee or person responsible for a violation that presents an imminent hazard to life, health or public safety, shall be granted a hearing before the board of adjustment appointed pursuant to chapter 18- 6 of this title, but the appeal shall not stay the town’s abatement of the violation. F. The effect of a notice for emergency abatement under this section shall be as set forth for a notice of abate in section 18-5-19 above. G. The town may assess the owner, occupant or person responsible for a violation for the cost of any emergency abatement by any means authorized by law. 18-5-25 Town may abate or bring action; abatement regarding criminal activity A. If the owner, the owner's managing agent or any other person responsible for the use of the building or land for criminal activity fails to correct the nuisance, the town may: 1. Abate the use of the building or land for criminal activity. 2. Bring an action in Superior Court to abate the use of the building or land for criminal activity. B. If the court enters a temporary restraining order, the town shall serve upon the defendant(s), any applicable statutory agent, and any legal occupant the town believes may claim an interest in the building or land: 1. Notice of the entry of the temporary restraining order, 2. Copies of the temporary restraining order and the complaint, and 3. Notice of the possibility for a hearing, which shall be in substantial conformance with the state statutes. C. The service of the documents set forth in subsection B of this section shall be in conformance with state statutes. 18-5-26 Town recordation of action A. If the town brings an action to abate the use of a building or land for criminal activity, the town shall file a notice of the action in the Pima County Recorder’s Office. B. The notice shall be in conformance with state statutes. 18-5-27 Assessment for abatement regarding criminal activity Marana Regular Council Meeting 11/16/2021 Page 162 of 211 00078169.DOCX /1 Ordinance No. 2021.025 - 9 - A. The court may assess the owner for the cost of abating the nuisance. B. The town shall record the assessment in the Pima County Recorder's Office. From the date of its recording, the assessment shall be a lien on the land. C. The lien shall be inferior only to general tax liens, child support liens, restitution liens and prior recorded mortgages. D. The town may enforce the lien as set forth in subsections D, E, and F of section 18-5-22. 18-5-28 Declaration of structure unfit for human habitation If a structure presents an imminent hazard to life, health or public safety, the town may declare the structure unfit for human habitation, and order it to be vacated. SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. The Marana Town Code is hereby amended by deleting the following portions of the Code: Marana Town Code Chapter 10-2 (Maintenance of Property), Chapter 11-7 (Storage of Inoperable or Junked Vehicle), Section 11 -3-3 (Graffiti Prohibited; Abate ment Procedures; Penalty), and Section 10-1-4 (Illegal Dumping; Classification). SECTION 5. All ordinances, res olutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective 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 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reaso n held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 7. This ordinance is effective on the 31st day after its adoption. Marana Regular Council Meeting 11/16/2021 Page 163 of 211 00078169.DOCX /1Ordinance No. 2021 .XXX - 10 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of November, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 11/16/2021 Page 164 of 211 00078111.DOCX /1 Resolution No. 2021-XXX MARANA RESOLUTION NO. 2021-147 RELATING TO PUBLIC NUISANCE AND PROPERTY PRESERVATION; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK MARANA TOWN CODE TITLE 18 (PUBLIC NUISANCE AND PROPERTY P RESERVATION) ADOPTED BY ORDINANCE NO. 2021.025 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Marana Town Code Title 18 (Public Nuisance and Property Preservation), a copy of which is attached to and incorporated in this resolution as Ex- hibit A and one paper copy and one electronic copy of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of November, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 11/16/2021 Page 165 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 TITLE 18 PUBLIC NUISANCE AND PROPERTY PRESERVATION C HAPTER 18.1. GENERAL PROVISIONS 18-1-1 Purpose and scope A. The purposes of this title are: 1. To promote the health and safety of the citizens of the Town by protecting neighborhoods against public nuisances, and 2. To protect neighborhoods from Blight through property preservation. B. Except as otherwise specifically provided in this title, this title shall apply to all buildings and land within the town. 18-1-2 Definitions A. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. 1. Abandoned or junked vehicle means a vehicle that is inoperative, stripped, scrapped, discarded, wrecked, on blocks or similar devices, or is without current license plates, or has deflated or missing tire(s). 2. Abate means correct, including, but not limited to, repair, rehabilitate, demolish or remove. 3. Accessory improvements means improvements to land other than buildings, including, but not limited to, driveways, parking areas, pools, sidewalks, walkways, bridges, exterior steps, railings, monuments, fences, signs, screening walls and retaining walls. 4. Attractive nuisance means a condition, instrumentality, machine or other agency, which is dangerous to children or other individuals because of their inability to appreciate peril and which may reasonably be expected to attract them. 5. Blight means unsafe or unsanitary conditions including, but not limited to, the accumulation of litter or debris; buildings, accessory improvements and structures with holes, breaks, rot, crumbling, cracking, or rusting; dead, damaged or uncontrolled plant growth or lack of maintenance; and any other similar condition of neglect, excessive use, decay, degeneration, disrepair, deterioration or infestation that constitutes a fire hazard or may have an adverse effect upon the health and safety of citizens and adjoining properties. Marana Regular Council Meeting 11/16/2021 Page 166 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 6. Building means any structure or part thereof intended to be or actually used by humans or animals for any purpose, including, but not limited to, living, sleeping, eating, cooking, sanitation, medical service, business, government, worship, education, recreation or storage. 7. Clean fill means clay, rock, sand or soil which is free of plant growth, debris and litter. 8. Debris means junk, including, but not limited to, lumber, furniture, furniture parts, cabinets, refrigerators, stoves, sinks, abandoned or neglected equipment, abandoned or junked vehicles or parts thereof, or the remains of something of little or no apparent economic value. 9. Designee means a person appointed in writing by the town manager as authorized to carry out specific actions to enforce this title. The writing shall be filed with the town clerk and shall specify the designee's authority. 10. Exterior building surfaces means outside walls, roofs, fixtures and attachments to a building or structure, including, but not limited to, doors, windows, gutters, down spouts, lights, antennas, satellite dishes, porches, posts, railings , garages, eaves, trims, patios and chimneys. 11. Garbage means any discarded or spoiled animal or plant matter resulting from the handling, preparation, cooking, or consumption of food; and any other animal or matter subject to rapid decomposition. 12. Graffiti means any unauthorized inscription, figure, drawing or other defacement that is written, marked, scratched, drawn, painted or otherwise affixed to any exterior building surface, unscreened area, accessory improvement or vehicle. 13. Grass means herbage intended to be or actually used for food, fodder or lawn. 14. Infestation means the presence or apparent presence of insects, rodents, birds, animals or other noxious pests of a kind or in a quantity that may have an adverse effect upon a building or structure or upon the health and safety of citizens. 15. Land means all land in the town and all buildings, structures and accessory improvements located thereon. 16. Landscaped area means an exterior improvement or change of land through plant growth or natural or artificial topping material such as rocks or stones, or a combination of plant growth and topping material. 17. Landscape waste means any dirt, dust, s and, stones, excavation material, leaves, landscape clippings, severed plant growth or any other material resulting from landscape installation or maintenance. 18. Leaf blower means any device that generates a stream of air that is designed or used to move landscape waste or litter. 19. Litter means all solid waste including, but not limited to, ashes, street cleanings, severed plant growth, garbage, dead animals, animal feces, abandoned or junked vehicles or Marana Regular Council Meeting 11/16/2021 Page 167 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 parts thereof, solid commercial and industrial waste, paper, rags, empty barrels, crates, packing cases, boxes, cartons, wood shavings, packing material, wrappings, cigarettes, cardboard, landscape clippings, leaves, metal, mattresses, bedding, crockery, bottles, cans, glass, plaster, plastic, asphalt, tile, rock, bricks, clean fill, fill dirt, excavation material, or other materials tending to create an unsightly condition and having an adverse effect upon the health and safety of citizens. 20. Major Vehicle Repair means the removal from any vehicle of a major portion thereof including, but not limited to, the differential, transmission, head, engine block, or oil pan. 21. Natural desert means undisturbed, unimproved land with undisturbed native vegetation. 22. Plant growth means vegetation, whether living or dead, including, but not limited to, grass, flowers, weeds, vines, bushes, shrubs, cacti or trees. 23. Pool means a constructed or excavated exterior area designed to contain a regular supply of water, including, but not limited to, a swimming pool, spa, waterfall, pond or other body of water. 24. Public place means any town-owned street, sidewalk, alley, easement or other public way, and any public park, square, space, land or building. 25. Public roadway means that part of the street used or intended for use by the general public for motor vehicles. 26. Regularly used in the commission of a crime means one or more law enforcement agencies have documented three or more complaints alleging criminal activity in three or fewer consecutive months at the address or location of the building or land. 27. Street means the full right-of-way used by the general public for road, highway, alley, pedestrian walkway or bikeway purposes, whether or not improved or accepted for maintenance by the town. 28. Structure means any item constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground, but not including a vehicle. 29. Unscreened means visible from a place reasonably accessible to the general public or to a person standing on adjacent land. 30. Vacant lot means land that has been or has not been disturbed and/or was previously developed, and may contain structures but does not contain buildings. 31. Vehicle means any device in, upon or by which a person or property is or may be transported or drawn on a street, including, but not limited to, an off-road vehicle, an all-terrain vehicle, a dirt bike, a buggy, a trailer, an aircraft of any kind and a device used exclusively on rails or tracks. 32. Watercraft means any device specifically designed for use on water, including, but not limited to, a boat, canoe, jet ski or pontoon. Marana Regular Council Meeting 11/16/2021 Page 168 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 33. Weed means any uncultivated plant growth, including, but not limited to, bull thistle, cocklebur, foxtail, horseweed, lambs quarters, London rocket, mallow, milkweed, pigweed, mustards, prickly lettuce, ragweed, Russian thistle, tumbleweed, shepherds purse, sowthistle, white horsenettle, willow weed, and plant growth defined as noxious weeds in state statutes regardless of whether an owner or occupant regards the plant growth as desirable. 18-1-3 Conflicts and interpretation A. Where a provision of this chapter is in conflict with a provision of any other title of the Town Code existing on the effective date of this title, the provision which establishes the higher standard for the protection of the public health and safety shall prevail. B. Where two or more provisions of this chapter are in conflict, the provision which establishes the higher standard for the protection of the public health and safety shall prevail. C. The town manager or designee may render interpretations of this title and adopt regulations to clarify its provisions. Each interpretation shall be posted on the town’s web site. 18-1-4 Severability The provisions of this title are severable. If any section, subsection, sentence or phrase of this title is declared invalid, that declaration shall not affect the remaining provisions of this title. C HAPTER 18-2. PUBLIC NUISANCES 18-2-1 Public nuisances A. Except as otherwise permitted by law, each of the following conditions is a public nuisance on any land or in any building in the town and is unlawful, when the condition is or may be detrimental to the life, health or safety of individuals or the public: 1. Animal manure that is neither used for fertilizing lawns or gardens nor securely protected from insects and the elements. 2. Putrid, unsound or unwholesome bones, meat, hides, skins, or other animal parts; dead animals, fish or fowl; butcher's trimmings and offal; waste vegetation; liquid waste; animal matter, garbage, human or animal excreta, sewage and other similar offensive substances. 3. A dumping ground or other land or building used for depositing litter or debris, or wrecking, disassembling, rebuilding, repair, storage or accumulation of three or more Marana Regular Council Meeting 11/16/2021 Page 169 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 vehicles, or of machinery, or parts of vehicles or machinery. 4. Noxious exhalations and other airborne irritations, including, but not limited to, smoke, soot, dust, fumes or other gases, offensive odors, or other annoyances. 5. Burning litter, debris, sawdust or other material resulting in smoke, gases, ashes, soot, cinders, sawdust or other material being transported to or deposited on land or buildings. 6. Disposing of litter, debris, sawdust or other material in a manner that results in its unauthorized deposit on land or buildings. 7. An unsecured or abandoned excavation, pit, well, other hole or pool. 8. A privy, vault, cesspool, sump, pit, pool, accumulated water or simi lar condition that is foul, malodorous, or subject to infestation, pollution or stagnation. 9. An unsecured building that is vacant, abandoned, dilapidated, structurally unsound, or partially destroyed for more than 48 consecutive hours. 10. An abandoned, unattended or discarded icebox, refrigerator or other container that has an attached airtight door or lid, snaplock or other locking device that may not be released from the inside. 11. Plant growth or any other condition, sign, structure, vehicle or watercraft that obstructs or interferes with or renders dangerous the use or passage of any public place. 12. Plant growth or any other condition, sign, structure, vehicle or watercraft that obstructs or interferes with sight distance or the visibility of any traffic control device or sign. 13. Plant growth or any other condition that constitutes a fire hazard or encourages infestation or noxious pests. 14. Infestation. 15. A building or land regularly used in the commission of a crime. 16. Blight. 17. Attractive nuisances. 18. Graffiti. CHAPTER 18-3. PROPERTY MAINTENANCE 18-3-1 Litter control A. No person shall throw, deposit or dump any litter or debris on any land. Marana Regular Council Meeting 11/16/2021 Page 170 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 B. A person may store litter and debris in a secure receptacle with a tight lid for collection if the receptacle is maintained so that litter and debris are prevented from being blown or deposited on any public place or adjacent land. C. Only as permitted by law, a person may store litter and debris within any building. 18-3-2 Vehicles and watercraft A. An owner and/or occupant of land where an abandoned or junked vehicle, or a vehicle or watercraft being restored or undergoing major repair, is located, shall store the vehicle and watercraft in an enclosed area so that the vehicle and watercraft are not visible from any point outside the land. A vehicle or watercraft cover is not an enclosed area, unless the vehicle or watercraft is fully within a carport. B. Except as otherwise permitted by law, there shall be no more than two abandoned or junked vehicles on any property. C. Except as otherwise permitted by law, no person shall display a vehicle or watercraft for sale on land of another or within the right of way. D. No person shall park a vehicle or watercraft on any street or public place for the principal purpose of washing, greasing or repairing the vehicle or watercraft, except repairs necessitated by an emergency. 18-3-3 Buildings, structures and accessory improvements A. The owner and/or occupant of a building shall maintain all exterior building surfaces to be free of blight and graffiti. B. The owner and/or occupant of land where a structure and/or an accessory improvement is located shall maintain the accessory improvement free of blight and graffiti. 18-3-4 Land A. The owner and/or occupant of land shall maintain the land free of: 1. Blight, garbage, litter or debris; 2. Noxious exhalations and other airborne irritations, including, but not limited to, smoke, soot, dust, fumes or other gases, offensive odors or other annoyances; 3. Plant growth, infestation and any other condition that encourages infestation or otherwise adversely affects the health and safety of individuals or the public. 4. Grass higher than nine inches, poison oak, poison ivy, and weeds; or plant growth that is dead, dry, uncultivated or overgrown. B. In addition to the requirements of subsection A of this section, the owner and/or occupant of land shall also maintain the following areas free of grass higher than nine inches, Marana Regular Council Meeting 11/16/2021 Page 171 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 poison oak, poison ivy, weeds, blight, garbage, litter and debris: adjacent rights-of-way from the back of the curb or edge of paving in the street, through the owner's and/or occupant's land, to the centerline of any adjacent alley or right-of-way, if present. C. In addition to the requirements of subsection B of this section, the owner and/or occupant of a business shall maintain the parking lot, lighting and landscaped areas adjacent to or surrounding the business in good repair and free of grass higher than nine inches, weeds, garbage, litter and debris. D. The owner and/or occupant of a business that sells or accepts soil, vegetation, landscape material, trash, recycling or any similar commodity shall maintain the property entry, exits and adjoining right of way free from debris, deposits, pollutants and safety hazards. E. The owner and/or occupant of land that has been subject to dumping on more than one occasion shall take measures to secure the land to prevent future dumping. The measures may include erecting a fence, constructing a ditch and berm, or placing four-foot high posts at four-foot intervals. Any measures under this subsection shall be taken only in conformance with required permits. F. Except as otherwise permitted by law and by the landowner in writing, no person shall place clean fill or fill dirt on land of another. G. The owner and/or occupant of land where a pool is located shall maintain the pool to avoid health or safety hazards, infestation, pollution, stagnation and blight. H. Agricultural activities regulated by state law are excluded from this section. 18-3-5 Blowing landscape waste Use of a leaf blower shall be limited to blowing landscape waste on the user’s property and shall not result in landscape waste being blown into the public roadway or another’s property. 18-3-6 Preservation of natural desert A. The purpose of this section is to recognize that preservation of the unique natural desert in limited areas of the town promotes the health and safety of the citizens of the town. B. Except for a condition that is a public nuisance as set forth in section 18-2-1, the property maintenance standards that require the owner and/or occupant of land to maintain the land free of the plant growth set forth in subsections 18-3-4 A.4 and B shall not apply to: 1. Natural desert within public places. 2. Natural desert within natural area open space as established in conformance with the town Land Development Code. Marana Regular Council Meeting 11/16/2021 Page 172 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 3. Natural desert areas within state -owned land. 4. Natural desert that has never been graded or disturbed. 18-3-7 Dilapidated buildings prohibited Each owner, lessee, tenant, resident or occupant shall maintain a property so that it is free of dilapidated buildings. Dilapidated building means any real property structure that is likely to burn or collapse and its condition endangers the life, health, safety or property of the public, and includes , but is not limited to , a building that is abandoned, inadequately maintained, in disrepair, neglected, vandalized, constructed in a faulty manner, not of sufficient strength or stability, not anchored, attached or fastened in place to an adequate supporting foundation, unsecured or in a state of deteriorati on. CHAPTER 18-4. ADDITIONAL VIOLATIONS 18-4-1 Additional violations A. No person shall create, maintain or permit a public nuisance as defined in section 18-2-1 above. B. No person shall create, maintain, permit or assist any violation of this title, or fail to perform any act or duty required by this title. C. No person shall interfere or attempt to interfere with a town agent investigating or abating a violation of this title. D. No person shall knowingly make a false statement or knowingly mislead a town agent investigating or abating a violation of this title. E. No person shall place any personal property, materials, goods, wares, merchandise or similar items of any kind in or upon any public street, sidewalk, alleyway or right-of- way. Items placed by or approved by the Town are exempt from this subsection, including: 1. Portable basketball hoops, goalie nets, and similar items, during the actual time they are in use within residential areas. 2. Trash and recycling receptacles properly placed for collection in the following manner: a. Where curbing exists, containers shall be placed on the street with the wheels against the curb. b. In all other locations, containers shall be placed within two feet of the street in a manner that does not obstruct or otherwise impede access to any sidewalk. Marana Regular Council Meeting 11/16/2021 Page 173 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 18-4-2 Barbed wire, razor wire, razor ribbon, concertina wire, electrified fencing or similar features prohibited; exceptions A. The use as a fence or wall, either in whole or part, of barbed wire, razor wire , razor ribbon, concertina wire, electrified fencing or similar features is prohibited on all residentially zoned land throughout the town. B. Notwithstanding the provisions of subsection A of this section and unless otherwise prohibited by law, barbed wire and electrified fencing used to control livestock that complies with Arizona Game and Fish Department guidelines for Wildlife Compatible Fencing that does not exceed Town of Marana fencing height standards is permitted within any residential district that meets the criteria established for the keeping of livestock. C. For the purposes of this section, livestock has the same meaning as defined in A.R.S. § 3-1201. 18-4-3 Each day separate violation Each day any violation of any provision of this title or the failure to perform any act or duty required by this title continues shall constitute a separate offense. C HAPTER 18-5. ENFORCEMENT 18-5-1 Authority The town manager or designee, town attorney, code enforcement officers and Marana police officers shall enforce this title. 18-5-2 Presumptions A. The owner of land, as recorded in the Pima County Recorder's Office, is presumed to have control over the land and buildings and accessory improvements on the land. If more than one person is recorded as the owner of land, all persons on record are presumed to have joint and separable control over the land and buildings and accessory improvements on the land. The occupant residing or operating a business on land or in a building is presumed to have control over the building and land on which it is located. These presumptions shall not prevent the enforcement of this chapter against persons other than Marana Regular Council Meeting 11/16/2021 Page 174 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 record owners, to include lessees, tenants and occupants. B. Under the state statutes regarding criminal nuisance, the owner, leaseholder or person with legal privilege to control land, shall be deemed to have notice of the criminal nuisance as set forth in the state statutes. C. All presumptions are rebuttable. 18-5-3 Enforcement options A. The town, its officers and employees may enforce this title by one or more lawful means, including but not limited to, voluntary compliance, administrative and civil consent orders, civil enforcement, including injunctive action, criminal enforcement and abatement by administrative procedure, emergency abatement and abatement regarding criminal activity. The town may also require restitution and additional fees . The town may immediately remove any hazardous item, structure or sign from any street or public place. One type of enforcement neither limits nor precludes the town from pursuing any other type of enforcement. B. A violation of this title is in addition to any other violation of the Town Code. Enforcement of a violation of this title in no way limits enforcement of any other violation of the Town Code or of state statutes. 18-5-4 Misdemeanor violations Notwithstanding the provisions of section 18-5-3, a violation of this title may only be deemed a class one misdemeanor if the violation is: A. The second or subsequent public nuisance as defined in section 18-2-1, or B. The second or subsequent violation of any other section within two years of the first violation. 18-5-5 Inspections A. The town manager or designee, code enforcement officers or Marana police officers may inspect buildings or land to determine compliance with this title. B. Building exteriors and unscreened land may be inspected at any time with or without the presence of the owner or occupant in conformance with legal requirements governing administrative inspections of buildings and land. C. Except in a situation presenting an imminent hazard to life, health or public safety, building interiors and screened land shall be inspected during the normal business hours of the town, unless otherwise arranged, upon: 1. The owner’s or occupant’s consent, or 2. Any administrative or court order. Marana Regular Council Meeting 11/16/2021 Page 175 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 18-5-6 Voluntary compliance The town manager or designee, code enforcement officers or Marana police officers may seek voluntary compliance with this title through warnings, notices, compliance orders, or other means to achieve efficient and effective compliance. 18-5-7 Corrective Action Plans The town may enter into a written corrective action plan, signed by the town manager or a code supervisor, with a person accused of violating this title. The corrective action plan may be enforced as a contract is enforced or by any other lawful means, including the issuance of a citation at the expiration of the time given in the plan. 18-5-8 Civil complaints A. The town manager or designee, code enforcement officers, the town attorney and Marana police officers may bring civil complaints under this title. B. The complaint shall include a written description and statutory designation of the violation(s). C. The town shall attempt to hand deliver the civil citation to the person accused of violating this Code. If the town is unable to hand deliver the civil citation, the town may serve it by certified or registered mail, return receipt requested, or by any means allowed by the Arizona Rules of Civil Procedure, to include alternative service methods approved by the court. If the town sends a citation via certified or registered mail, an additional copy must also be sent by regular mail. D. The citation is deemed served on the date it is hand delivered or, if mailed, on the date of signature on the return receipt. 18-5-9 Civil complaints; court appearance or failure to appear A. On the date specified in the complaint, the defendant shall appear in municipal court in person or through an attorney. The defendant shall admit or deny the allegations in the complaint. If the defendant admits the allegations, the court shall enter judgement against the defendant and impose the civil penalties set forth in section 18-5-14 below, and require additional fees pursuant to 18-5-16 below. If the defendant denies the allegations, the court shall set the matter for hearing. B. If a defendant served with a complaint fails to appear on the date specified in the complaint, or fails to appear at the hearing set by the court, the allegations in the complaint are deemed admitted. The court shall enter judgement against the defendant and impose the civil penalties set forth in section 18-5-14 below, and require additional fees pursuant to 18-5-16 below. Marana Regular Council Meeting 11/16/2021 Page 176 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 18-5-10 Authority to issue criminal complaints A Marana police officer may issue a criminal citation or the town attorney may bring criminal complaints under this title. 18-5-11 Jurisdiction and procedure of municipal court A. The municipal court has jurisdiction over all civil complaints, town petitions for abatements including emergency abatements and all criminal citations to enforce this title. B. The municipal court shall follow the Arizona Rules of Court for Civil Traffic Violation Cases for civil complaints to enforce this title, except as modified or where inconsistent with this title, local rules of the court, or rules of the Arizona Supreme Court. C. The municipal court shall follow the Arizona Rules of Criminal Procedure for criminal actions to enforce this title. D. The municipal court may order abatements to enforce this title either upon petition from the town attorney or incidental to a hearing on a civil or criminal violation of this title when requested by the town. 18-5-12 Procedure for abatement petitions filed in municipal court A. After notice to the owner and any responsible party, the judge shall conduct a hearing. Both the town and defendant(s) shall have an opportunity to be heard and present evidence. The rules of evidence shall not apply to these hearings but the judge may make rulings on the conduct of these hearings to ensure that they proceed in an orderly and efficient manner. The judge shall determine whether a violation of this title exists and order an abatement of the violation as appropriate in accordance with subsection B of this section. The court's determination shall be based on a preponderance of the evidence. If a defendant fails to appear for a hearing, the court shall hold the hearing in the defendant’s absence. If the town fails to appear for a hearing, the court shall dismiss the petition without prejudice. B. Upon finding that abatement is appropriate, the court may order demolition, board- up, cleanup, inspection or any other action the court deems reasonably necessary to abate the violation. C. Demolition of a structure shall only be ordered following issuance of notice as required by subsection A of this section to the owner and any responsible parties with an interest in the property that is recorded in the office of the county recorder and in accordance with this title . Notice to the interested parties may be recorded against the property. D. The reasonable costs of any abatement permitted by the court's order shall be the responsibility of the owner and may be assessed and recorded as provided in sections 18- 5-21 and 18-5-22. Marana Regular Council Meeting 11/16/2021 Page 177 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 E. The notice required in subsection A shall generally comply with Rule 4 of the Arizona Rules of Civil Procedure, except that upon petition by the town attorney the court may, upon a finding of good cause, deem the notice requirement satisfied by notice being posted in a conspicuous location on the subject property. F. The provisions of chapter 18-6 of this title do not apply to abatements brought under this section. 18-5-13 Procedure for emergency abatement petitions filed in municipal court A. If a violation of this title presents an imminent hazard to life, health or public safety, the court may immediately consider and grant emergency abatement orders brought on behalf of the town by the town attorney. B. Notice of the abatement petition and order shall be posted on the property in accordance with subsection 18-5-23 B.3. C. The provisions of chapter 18-6 of this title and subsection 18-5-23 E do not apply to abatements brought under this section. 18-5-14 Civil penalties A. The civil penalty may be determined by the court, by plea agreement, or by stipulation. The court shall also impose all other fees and surcharges applicable under state statutes and Title 5 and 18 of the Town Code, including section 18-5-16. B. On proper evidence that the violation(s) has been corrected and the defendant is in compliance with this title at the time of the hearing, the penalties may be reduced. 18-5-15 Criminal penalties A. The criminal penalty may be determined by the court, by plea agreement, or by stipulation. The court shall also impose all other fees and surcharges applicable under state statutes and Title 5 and 18 of the Town Code, including section 18-5-16. B. On proper evidence that the violation(s) has been corrected and the defendant is in compliance with this title at the time of the hearing, the penalties may be reduced. 18-5-16 Additional fees In addition to the penalties of sections 18-5-14 and 18-5-15, the court shall, as part of its sentence, impose all costs of abatement to compensate the town for its costs to bring a building or land into compliance with this title. Additionally, the court may impose i nspection costs, court costs and prosecution costs. 18-5-17 Notice to abate Marana Regular Council Meeting 11/16/2021 Page 178 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 A. If, after an inspection, the town finds one or more violations of this title, the town may require correction of the violation(s). If the town requires correction, the town may issue a notice to abate to the owner, the owner's authorized agent or the owner's statutory agent, and the occupant or lessee. B. The notice to abate shall be in writing and shall set forth: 1. The identification of the land where the violation is located, by legal description, including the street address, if known, or by book, map and parcel number, if the street address is unknown. 2. A statement of the violation(s) in sufficient detail to allow a reasonable person to identify and correct the violation(s). 3. The date by which the owner, the owner's authorized agent, the owner’s statutory agent, the occupant or lessee shall correct the violation, which date shall not be less than 30 days from service of the notice. 4. The name and phone number of the inspector who sent the notice. 5. The estimated cost of abatement to the town. 6. If the violation(s) is not corrected by the date specified for abatement, the town may abate the violation(s), assess the owner, occupant and/or the lessee the cost of abatement, and record a lien on the land for the assessment. 7. The appeal procedures, if any. 18-5-18 Service of notice to abate A notice to abate shall be served by any of the following methods: A. By hand delivering a copy of the notice to abate to the owner, the owner’s authorized agent or the owner's statutory agent, and the occupant or lessee. B. By mailing a copy of the notice to abate, by certified mail, to the owner, the owner’s authorized agent or the owner’s statutory agent, and the occupant or lessee at the last known address and at the address to which the tax bill for the land was last mailed. C. The notice to abate is deemed served on the date it is hand delivered or, if mailed, on the date it is deposited in the United States mail. 18-5-19 Effect of notice to abate A. A notice to abate is effective upon any person served in conformance with section 18- 5-18 or section 18-5-23 and any person with actual notice. B. A notice to abate runs with the land. C. The town may record a notice to abate in the Pima County Recorder’s Office. 18-5-20 Town may abate Marana Regular Council Meeting 11/16/2021 Page 179 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 If the owner, occupant or lessee subject to the notice to abate fails to correct the violation(s), the town may: A. Abate the violation(s), B. Assess the owner, occupant and/or the lessee the cost of abatement, and C. Record a lien on the land for the assessment. 18-5-21 Town assessment for abatement A. Following abatement, the town shall prepare a statement of the cost of abating the violation of this chapter. B. The statement shall be mailed to the owner, the owner’s statutory agent, the occupant and lessee at the address used to serve the notice to abate. C. The statement shall set forth: 1. The statement of cost is an assessment upon the land from which the town abated the violation. 2. The payment of the statement of cost shall be made by the date specified in the statement of cost. 3. If payment is not made by the date specified in the statement of cost, the town shall place a lien on the land in the amount of the statement. 4. The appeal procedures, if any. 18-5-22 Assessment lien A. The town’s statement of cost under secti on 18-5-21 above shall be: 1. An assessment on the land from which the town abated the violation(s), and 2. Collected at the same time and in the same manner as other town assessments are collected. B. The town shall record the assessment in the Pima County Recorder’s Office. From the date of its recording, the assessment shall be a lien on the land. C. The lien shall be inferior only to general tax liens. D. After recording the lien, the town may institute an action to enforce the lien in the Superior Court for Pima County. The recorded assessment is prima facie evidence of the truth of all matters recited in the assessment and the regularity of all proceedings before the recordation. Upon judgement of foreclosure and order of sale, the town shall sell the land to satisfy the lien. E. A prior assessment under this section is not a bar to a later assessment. Any number of liens on the same land may be enforced in the same action. Marana Regular Council Meeting 11/16/2021 Page 180 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 F. Failure to enforce the lien shall not affect its validity. 18-5-23 Emergency abatement A. If a violation of this title presents an imminent hazard to life, health or public safety, the town may notify the owner, the owner's authorized agent, the owner's statutory agent, occupant or person responsible for the violation to correct the violation immediately or the town may abate the violation. B. A notice for emergency abatement may be written, oral or electronic. A written notice shall be served by any of the following methods: 1. By hand delivering a copy of the notice to the owner, the owner's authorized agent, the owner's statutory agent, occupant, lessee and/or person responsible for the violation, or 2. By mailing a copy of the notice to the owner, the owner's authorized agent, the owner's statutory agent, occupant, lessee and/or person responsible for the violation at the last known address, or 3. By prominently posting a copy of the notice on the building, accessory improvement, land or vehicle in violation. C. Written notice is deemed served on the date it is hand delivered, or if mailed, on the date it is deposited in the United States mail, or the date it is posted. D. Whether or not notice is served, the town may abate the violation. E. Upon request, the owner, the owner's authorized agent, the owner’s statutory agent, occupant, lessee or person responsible for a violation that presents an imminent hazard to life, health or public safety, shall be granted a hearing before the board of adjustment appointed pursuant to chapter 18-6 of this title, but the appeal shall not stay the town’s abatement of the violation. F. The effect of a notice for emergency abatement under this section shall be as set forth for a notice of abate in section 18-5-19 above. G. The town may assess the owner, occupant or person responsible for a violation for the cost of any emergency abatement by any means authorized by law. 18-5-24 Notice to abate; abatement regarding criminal activity A. If the town finds that a building or land is regularly used in the commission of a crime, the town shall issue a notice to abate to the owner, the owner's managing agent, the occupant and any other person responsible for the use of the building or land for criminal activity. B. The notice to abate shall be in substantial conformance with the state statutes. The notice to abate may contain the date by which the owner, the owner’s managing agent, the occupant, and other person responsible for the use of the building or land for criminal activity, shall correct the violation, which date shall not be less than 30 days from the service of the notice. Marana Regular Council Meeting 11/16/2021 Page 181 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 C. The service of the notice to abate shall be in conformance with the state statutes. D. The notice to abate is deemed served on the date it is hand delivered or, if mailed, on the date it is deposited in the United States mail. 18-5-25 Town may abate or bring action; abatement regarding criminal activity A. If the owner, the owner's managing agent or any other person responsible for the use of the building or land for criminal activity fails to correct the nuisance, the town may: 1. Abate the use of the building or land for criminal activity. 2. Bring an action in Superior Court to abate the use of the building or land for criminal activity. B. If the court enters a temporary restraining order, the town shall serve upon the defendant(s), any applicable statutory agent, and any legal occupant the town believes may claim an interest in the building or land: 1. Notice of the entry of the temporary restraining order, 2. Copies of the temporary restraining order and the complaint, and 3. Notice of the possibility for a hearing, which shall be in substantial conformance with the state statutes. C. The service of the documents set forth in subsection B of this section shall be in conformance with state statutes. 18-5-26 Town recordation of action A. If the town brings an action to abate the use of a building or land for criminal activity, the town shall file a notice of the action in the Pima County Recorder’s Office. B. The notice shall be in conformance with state statutes. 18-5-27 Assessment for abatement regarding criminal activity A. The court may assess the owner for the cost of abating the nuisance. B. The town shall record the assessment in the Pima County Recorder's Office. From the date of its recording, the assessment shall be a lien on the land. C. The lien shall be inferior only to general tax liens, child support liens, restitution liens and prior recorded mortgages. D. The town may enforce the lien as set forth in subsections D, E, and F of section 18- 5-22. 18-5-28 Declaration of structure unfit for human habitation Marana Regular Council Meeting 11/16/2021 Page 182 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 If a structure presents an imminent hazard to life, health or public safety, the town may declare the structure unfit for human habitation, and order it to be vacated. CHAPTER 18-6. APPEALS 18-6-1 Board of adjustment; authority and filing A. The board of adjustment shall hear and decide: 1. Appeals to an interpretation of this title by the town manager or designee and posted on the town’s web site. 2. Appeals to a notice of an administrative abatement, a notice to vacate or an assessment. B. A request for a time extension or an appeal shall be in writing and shall be filed with the town clerk within ten days of the date of, as applicable: 1. The interpretation's posting on the town’s web site, or 2. The notice to abate, the notice to vacate, or the assessment. C. If a person fails to request a time extension or appeal within ten days, the failure constitutes: 1. A waiver of the right to a hearing, and 2. An admission of the validity of the notice or assessment. D. The request for a time extension shall specify what time extension is necessary and reasonable. E. The appeal shall specify why: 1. The land or building subject to the notice is not in violation of this chapter; 2. The interpretation is incorrect; or 3. The assessment is excessive. F. A fee of $25.00 dollars shall accompany the request or appeal. In case of financial hardship, the fee may be suspended until the board of adjustment renders the decision. The board of adjustment may waive the fee upon a finding of financial hardship. 18-6-2 Hearing procedure A. The board of adjustment shall set a date for hearing on the request or appeal within 15 days of the town clerk’s receipt of the request or appeal. B. The hearing shall be informal and without a jury, except that testimony shall be given under oath or affirmation. The technical rules of evidence do not apply, except for the Marana Regular Council Meeting 11/16/2021 Page 183 of 211 EXHIBIT A TO MARANA RESOLUTION NO. 2021-147 Adding Title 18 (Public Nuisance and Property Preservation) to the Marana Town Code pursuant to Marana Ordinance No. 2021.025 00078112.DOCX /1 statutory provisions relating to privileged communications. The board of adjustment may make orders to fairly and efficiently determine the truth and decide the case. The burden of proof at the hearing shall be on the town by a preponderance of the evidence. C. The board of adjustment shall: 1. Render a decision within 15 days of the hearing. 2. Prepare findings and a decision. 3. Mail the findings and decision to all the parties to the request or appeal, by certified mail unless at the conclusion of the hearing a decision is rendered and communicated to the parties. D. Rule 7 of the Arizona Rules of Procedure in civil traffic violation cases shall govern requests for recusal of the hearing officer. E. Rules 12 and 13 of the Arizona Rules of Procedure in civil traffic violation cases shall govern representation by counsel in these proceedings. 18-6-3 Time extensions A. The board of adjustment may grant one extension of the time set forth in an administrative notice to abate under this title. The extension shall not exceed 90 days after the date of the hearing. B. The board of adjustment shall grant an extension only where it finds: 1. A hardship in bringing the land into compliance within the time set forth in the notice to abate; and 2. A reasonable plan by which the land will be brought into compliance within the time extension. C. The extension granted by the board of adjustment shall run from the date the board of adjustment mails the findings and decision as set forth in section 18-6-2 above. 18-6-4 Appeal from decision of the board of adjustment A party aggrieved by the board of adjustment’s decision may appeal to Superior Court. An appeal shall be taken within 30 days of the date of the board of adjustment’s decision or shall be waived. Marana Regular Council Meeting 11/16/2021 Page 184 of 211      Council-Regular Meeting   A5        Meeting Date:11/16/2021   To:Mayor and Council From:Luke Fischer, Senior Assistant Town Attorney Date:November 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-148: Relating to Public Nuisance and Property Preservation; Review and approval of the Town of Marana Code Enforcement Policy for enforcing Marana Town Code Title 18 (Public Nuisance and Property Preservation) (Lisa Shafer) Discussion: It is the intent of the Town of Marana to promote the health and safety of the residents and businesses of Marana, Arizona. Part of this responsibility includes protecting neighborhoods from blight and deteriorating conditions that have a negative impact on the health and safety of the community and that encourage social disorder and crime. This is achieved through the adoption of ordinances and by establishing a policy to guide enforcement of those ordinances. Marana residents and business owners are encouraged and supported in their efforts to maintain the physical environment of their neighborhoods through standards set in local ordinances. To assist in this endeavor, a code enforcement policy is being proposed in this agenda item for the Mayor and Council's consideration and approval. The purpose of the proposed policy is to provide guidance to Town staff in applying Marana Town Code Title 18 (Public Nuisance and Property Preservation) and in addressing properties with code violations. Town staff intends to submit this policy to the Town Council for review and approval on an annual basis.   Staff Recommendation: Staff recommends approval of the Town of Marana Code Enforcement Policy for Marana Regular Council Meeting 11/16/2021 Page 185 of 211 Staff recommends approval of the Town of Marana Code Enforcement Policy for enforcing Marana Town Code Title 18 (Public Nuisance and Property Preservation).   Suggested Motion: I move to approve Resolution No. 2021-148 approving the Town of Marana Code Enforcement Policy for enforcing Marana Town Code Title 18 (Public Nuisance and Property Preservation).   Attachments Resolution No. 2021-148 Public Nuisance & Property Preservation Exhibit A Title 18 Code Enforcement Policy Marana Regular Council Meeting 11/16/2021 Page 186 of 211 Resolution No. 2021-145 MARANA RESOLUTION NO. 2021-148 RELATING TO PUBLIC NUISANCE AND PROPERTY PRESERVATION; REVIEW AND APPROVAL OF THE TOWN OF MARANA CODE ENFORCEMENT POLICY FOR ENFORCING MARANA TOWN CODE TITLE 18 (PUBLIC NUISANCE AND PROPERTY PRESERVATIO N) WHEREAS pursuant to Marana Town Code Title 18 (Public Nuisance and Property Preservation), adopted on November 16, 2021 by Marana Ordinance No. 2021.025, the Town of Marana recognizes the importance of protecting neighborhoods from blight and deteriorating conditions that have a negative impact on the heal th and safety of the community and that encourage social disorder and crime ; and WHEREAS it is the responsibility of Code Enforcement officers and other town officials to enforce the provisions of Title 18 ; and WHEREAS the Mayor and Council find that approving a Code Enforcement policy for enforcing Title 18 is in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Code Enforcement P olicy, in substantially the form attached to and incorporated by this reference in this resolution as Exhibit A , is hereby approved. PASSED AND ADOPTE D by the Mayor and Council of the Town of Marana, Arizona, this 16th day of November, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 11/16/2021 Page 187 of 211 Exhibit A – Title 18 Code Enforcement Policy to Resolution No. 2021 -148 1 CODE ENFORCEMENT POLICY I. Standard Code Enforcement A. Purpose It is the intent of the Town of Marana to promote the health and safety of the residents and businesses of Marana, Arizona . Part of this responsibility includes protecting neighborhoods from blighting and deteriorating conditions that have a negativ e impact on the health and safety of the community and encourage social disorder and crime. This is achieved through ordinances a nd by establishing a policy to guide enforcement of the ordinances. B. Standard Enforcement Policy Town of Marana residents and business owners are encouraged and supported in their efforts to maintain the physical environment of their neighborhoods through standards set in local ordinances. To assist in this endeavor, the following code enforcement policy has been established to guide the town in addressing properties with code violations. The following actions will be taken on properties where there has been no case history or history of violations and/or previous enforcement action: 1. Inspection/Pre -notification When a property complaint is received, the town will respond with timely inspections. If the allege d violation concerns an imminent health or safety hazard to the neighborhood or neighbors, inclusive of open/vacant buildings, fire and/or health hazards, unsecured pools or other hea lth and safety hazards, the town will respond with an immediate inspection. All other reported violations will be responded to within forty -eight (48) hours. 2. Courtesy Notice Except in cases with previous history of code violations, imminent health or safety hazards, commercial business violations and violations of a transient nature, the owner / responsible party will be notified a violation was observed on their property and that failure to abate the violation may result in further code enforcement action. 3. Formal Notice of Ordinance Violation (NOV) In cases involving imminent health and safety violations, cases with previous history of code violations, violations of a transient nature such as commercial business violations, home occupation violations and violations that remain following the issuance of a courtesy notice, the responsible party or parties will be officially notified that a violation has been discovered through an inspection and will be advised of specific corrective action required. They will also be advised through thi s process of what further action will be taken by the town if t hey do Marana Regular Council Meeting 11/16/2021 Page 188 of 211 Exhibit A – Title 18 Code Enforcement Policy to Resolution No. 2021 -148 2 not comply. In addition, owners/responsible parties will be advised of available appropriate assistance as enumerated in Section IV.B. of this policy. Also included with the NOV to owners/responsible parties who have not previously received the information with a courtesy notice, will be an explanation that recidivists will receive only one official notice of ordinance violation for a violati on and that future offenses of town ordinances may result in legal action without issuance of further notices of ordinance violation. Information on the most common blighting violations will also be included with the NOV. 4. Civil Citation Owners/responsible parties who fail to comply will be subject to the issuance of a civil citation that will be adjudicated by a hearing officer/judge. In the case of properties that are not owner occupied the following general guidelines will apply: • In general, tenants/occupants will be held responsible for items concerning routine maintenance and for personal property items. • In situations where tenants/occupants have failed to fulfill their respons ibility for compliance with town ordinances, owners/responsible parties may also be held accountable. • In cases involving unoccupied properties, owners/responsible parties will be held accountable for all property conditions. • In cases involving businesses or business centers, owners/responsible parties will be held accountable for all property conditions. 5. Criminal Complaint Failure to comply with any of the preceding actions will be cause to proceed with a criminal complaint. 6. Town Abatement The town, at its own discretion, may choose to directly abate and assess (lien) for any and all violations that re main in non-compliance with town ordinances or regulations following expiration of the time given in the notice . II. Recidivists Persons/Properties A. Purpose The recidivist process is designed to provide relief via an expedited enforcement process for neighborhoods experiencing problems with resid ents who repeatedly violate town ordinances and who have demonstrated an inability or unwillingness to remain a good neighbor by maintaining their property. B. Definition A recidivist case is a newly opened case on a property involving the same responsible party for the same violation or any of the common blight violations as specified in Section III (B) (4) (a), where within the last 24 months, the respo nsible party has been issued a Notice of Ordinance Violation and/or civil citation, and/or had criminal charges filed for, and/or contractual abatement initiated. Marana Regular Council Meeting 11/16/2021 Page 189 of 211 Exhibit A – Title 18 Code Enforcement Policy to Resolution No. 2021 -148 3 A chronic recidivist case is a case on a property where within the last 24 months the property has had unresolved notice(s) of violation of the Town codes for six months or more, excluding time for administrative appeals or hardship assistance processes. A chronic recidivist designation shall apply until the property has remained in compliance for past violation(s) and any of the common blight violations, as specified in Section III (B)for a period of 90 days following the date the prior case was closed. If unusual or mitigating circumstances warrant, the Town Manager or designee may exempt a responsible party from the recidivist designation. In such cases, the Town Manager or designee will seek input from the complainant, neighborhood associations or block watches in the area, area residents or other staff, as appropriate, to assist in making a determination. C. Notification Policy Cases which have been designated as recidivist or chronic recidivist will proceed through a legal fast track. The discovery of a repeat offense or continuous offenses of six months or more will be cause to: • issue an immediate civil citation (for those offenses deemed appropriate); • issue a formal notice of violation in conjunction with a civil citation for offenses that warrant abatement; and/or • issue a criminal summons. III. Inspection/Enforcement A. Purpose The Neighborhood Preservation Ordinance, Zoning Ordinance s and other ordinances and codes enforced by the Community and Neighborhood Services (CNS) Department are enforced on a complaint basis. This is designed to encourage resident, business, neighborhood association, block watch or other town department participation in the enforcement process. Anonymous complaints will be accepted with the following exceptions: illegal commercial business complaints; when past complaints for the same alleged violation on the same property have been found to be invalid on three or more occasions; and in situations when a street address is not provided. Complaints in these categories will require that the complainant provide a name and contact phone number. B. When an initial inspection is conducted, based on a complaint, the inspector may: 1) Expand upon the initial complaint on the same property and determine whether violations exist on the following items identified by Town Council: • Overheight weeds/grass or dead/dry bushes, trees, weeds and/or other vegetation • Inoperable vehicles • Junk, litter and/or debris • Open/vacant/dilapidated buildings and structures • Outside storage Marana Regular Council Meeting 11/16/2021 Page 190 of 211 Exhibit A – Title 18 Code Enforcement Policy to Resolution No. 2021 -148 4 • Fences in disrepair • Graffiti 2) Inspect additional properties in the immediate area of the initial reported violation; and 3) Limit the inspection to those items, which appeared as violations on the initial property on which the complaint was received; and the items listed in III(B). 4) Initiate appropriate enforcement action. C. Exceptions Exceptions to the complaint -based enforcement policy are as follows: 1) Scheduled neighborhood canvassing as posted on the Code Enforcement page of the Town’s website. 2) Special target areas identified by the Community and Neighborhood Services director in an effort to rehabilitate deteriorating neighborhoods. 3) Properties in the Immediate Area which are an Obvious Detriment or Blight 4) Environmental, Imminent Hazard and/or Fire Safety Conditions In order to maintain and protect neighborhoods from imminent hazards, environmental hazards, fire hazards and other types of similar conditions that may immediately endanger or place residents in peril, the town will summarily inspect/abate any and all conditions which are discovered without benefit of complaint. 5) Seamless Service Efforts The CNS Department may be called upon by other departments or governmental agencies to partner on issues of community concern in areas outside of the town’s designated Target Areas. It is the department’s goal to provide seamless and coordinated service in such circumstances to facilitate the resolution of an identified community problem. In order to support and complement these interagency/interdepartmental efforts, systematic and non-complaint based code enforcement may be implemented with the approval of the Town Manager or designee. 6) Recidivist/Chronic Recidivist Properties To address frequently recurring violations on recidivist properties, the CNS Department may initia te non-complaint based inspections/code enforcement on recidivist properties after case resolution to check for a recurrence of the same violation(s) and/or any of the common blight violations as identified in Section III (B). To assure lasting compliance on chronic recidivist properties, the CNS Department shall initiate non-complaint based exterior inspections/code enforcement on designated chronic recidivist properties after case resolution, to check for a recurrence of the same violation(s) and/or any of the common blight violations as Marana Regular Council Meeting 11/16/2021 Page 191 of 211 Exhibit A – Title 18 Code Enforcement Policy to Resolution No. 2021 -148 5 identified in Section III (B). IV. Hardship Assistance A. Purpose It is the intent of the Town to provide assistance to all low - and moderate-income households that are eligible for financial assistance. Assistance will be provided in the form of information, referral, counseling, the provision of volunteer labor, if/when available and/or the provision of direct financial assistance. B. Available Resources Based upon funding availability and in some cases participant eligibility the CNS Department will provide or coordinate the following types of assistance: • Information • Housing, financial, landlord/tenant counseling • Referral to public, private or nonprofit sources of assistance • Tool lending • Volunteer labor assistance • Graffiti abatement supplies and assistance • Housing rehabilitation/reconstruction V. Interdepartmental/Interagency Cooperation A. Purpose The CNS Department will cooperate with other departments and agencies when appropriate to further the mutual goals of nuisance abatement and neighborhood maintenance for the benefit of the entire community. B. Cooperation From Other Departments Upon the request, the Police Department and any other department of the town will assist and cooperate in the performance of duties related to the enforcement of ordinances. This cooperation may include assistance in enforcement or abatement actions, including removal of pers ons from buildings or structures to be demolished. C. Hazardous Conditions The town manager or designee may order immediate abatement of a hazard without notice. The CNS Department may also request official concurrence from other departments as to whether immediate abatement action is necessary. These departments or agencies include, but are not limited to, Police, Fire, Public Works, Development Services and the Pima County Environmental Services departments. VI. Annual Review by Town Council This Code Enforcement Policy will be reviewed and evaluated annually by the Town Council . Marana Regular Council Meeting 11/16/2021 Page 192 of 211      Council-Regular Meeting   A7        Meeting Date:11/16/2021   To:Mayor and Council Submitted For:George Cardieri, Real Property Manager From:Jane Fairall, Town Attorney Date:November 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-149: Relating to Real Estate; vacating unneeded public right-of-way located south of Adonis Road and north of Tangerine Road and authorizing the Town Engineer to sign a quit claim deed of abandonment for the unneeded right-of-way (George Cardieri) Discussion: The Town of Marana recently completed the extension of Adonis Road between Cochie Canyon Trail and Tangerine Road to improve overall connectivity and to provide an alternative point of access for the emergency service providers and for the residents of San Lucas, Adonis, and future subdivisions east of Interstate 10. Bela Flor Communities, via Mandarina Holdings LLC (the “Developer”), proposes to realign a small segment of the existing connector road, specifically Mandarina Boulevard from Adonis Road to Tangerine Road, as it passes through the future Mandarina Master Planned Community.  The Developer has formally applied to dedicate 90 feet of right-of-way for the new road, in exchange for the Town’s abandonment of 51 feet of existing right-of-way at the current roadway location. The Developer will be responsible for constructing the new road improvements and for removing the existing road improvements after the Town’s acceptance of the new road. The Developer will grant a “Temporary Public Access Easement” to bridge the gap between the abandonment of the existing right-of-way, and the Town’s acceptance of the new road. The realignment is favored in that it places Mandarina Boulevard at an increased distance from Interstate 10 and the Union Pacific Railroad, which better accommodates a future traffic interchange at Tangerine Road and Interstate 10. Marana Regular Council Meeting 11/16/2021 Page 193 of 211 Staff Recommendation: Staff recommends approval of the abandonment. Suggested Motion: I move to adopt Resolution No. 2021-149, vacating unneeded public right-of-way located south of Adonis Road and north of Tangerine Road and authorizing the Town Engineer to sign a quit claim deed of abandonment for the unneeded right-of-way. Attachments Resolution No. 2021-149 Mandarina Blvd Exhibit A to Resolution - Legal Description Exhibit B to Resolution - Quit Claim Deed Right of Way Exhibit Temporary Public Access Easement Marana Regular Council Meeting 11/16/2021 Page 194 of 211 00074648.DOCX /1 Resolution No. 20 21-149 - 1 - MARANA RESOLUTION NO. 2021-149 RELATING TO REAL ESTATE; VACATING UNNEEDED PUBLIC RIGHT-OF-WAY LOCATED SOUTH OF ADONIS ROAD AND NORTH OF TANGERINE ROAD AND AUTHORIZING THE TOWN ENGINEER TO SIGN A QUIT CLAIM DEED OF ABANDONMENT FOR THE UNNEEDED RIGHT-OF-WAY WHEREAS the Town of Marana received a Deed of Dedication from Mandarina, LLC dated November 18, 2019, and recorded in the offi ce of the Pima County Recorder on December 6, 2019, at Sequence 20193400150 (the “Mandarina Deed”); and WHEREAS the Mandarina Deed dedicated right-of-way to the Town for the Adonis Road public roadway extension and for Mandarina Boulevard , a connector road running from Adonis Road to Tangerine Road; and WHEREAS the Town of Marana recently completed the extension of Adonis Road between Cochie Canyon Trail and Tangerine Road ; and WHEREAS Mandarina Holdings, LLC, the successor in interest to Mandarina LLC, proposes to realign a small segment of Mandarina Boulevard as it passes through the future Mandarina Master Planned Community , and has agreed to dedicate 90 feet of right-of-way to the Town for the new realigned road, in exchange for the Town’s abandonment of 51 feet of right-of-way dedicated via the Mandarina Deed; and WHEREAS A.R.S. §28-7203 authorizes the Town to exchange a roadway or a portion of a roadway with an abutting owner for all or part of a new public roadway ; and WHEREAS the Town Council finds that this resolution 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, AS FOLLOWS: SECTION l. The Town of Marana hereby vacates and abandons that portion of the Mandarina Boulevard right-of-way more particularly described and depicted in Exhibit A attached to and incorporated within this resolution by this reference. SECTION 2. The Town Engineer is hereby authorized to execute a quit -claim deed of abandonment in favo r of Mandarina Holdings , LLC in the form of Exhibit B attached to and incorporated within this resolution by this reference. SECTION 3. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. Marana Regular Council Meeting 11/16/2021 Page 195 of 211 00074648.DOCX /1 Resolution No. 20 21-149 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of November, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 11/16/2021 Page 196 of 211 Page 1 of 3 Legal Description Right-of-Way Abandonment A portion of that parcel as described in Docket 13752 at Page 856, Records of Pima County, Arizona and located within the Southwest one-quarter of Section 31, Township 11 South, Range 12 East, Gila and Salt River Meridian, Pima County, described as follows: COMMENCING the Southwest corner of said Section 31, said point being an aluminum cap survey monument, from which the South one-quarter corner of said Section 31, said point being a brass cap survey monument, bears North 89 degrees 36 minutes 28 seconds East, a distance of 2518.45 feet; THENCE upon the South line of said Section 31, North 89 degrees 36 minutes 28 seconds East, a distance of 734.94 feet; THENCE North 00 degrees 23 minutes 32 seconds West, a distance of 383.57 feet to the intersection of northerly right-of-way line of Tangerine Road, as recorded in Docket 11487, Page 2029, Records of Pima County, Arizona, and the northeasterly right-of-way line of the Union Pacific Railroad right-of-way; THENCE upon said right-of-way line of Tangerine Road, North 40 degrees 05 minutes 07 seconds East, a distance of 200.05 feet to a point of curvature of a tangent curve, concave to the southeast; THENCE upon said curve to the right, having a radius of 1104.93 feet and a central angle of 08 degrees 52 minutes 30 seconds, for an arc length of 171.15 feet, to the POINT OF BEGINNING, said point lying upon the arc of a non-tangent curve, a radial line of said curve from said point having a bearing of North 41 degrees 03 minutes 28 seconds West; THENCE upon said curve to the left, having a radius of 25.00 feet and a central angle of 76 degrees 39 minutes 17 seconds, for an arc length of 33.45 feet to a point of tangency, said point lying upon the westerly right-of-way line of Mandarina Boulevard as described in Sequence No. 20193400150, Records of Pima County, Arizona; THENCE upon said westerly right-of-way line, North 27 degrees 42 minutes 45 seconds West, a distance of 499.11 feet to a point lying upon the revised westerly right-of-way line of Mandarina Boulevard as described in Sequence No. 20210150765, Records of Pima County, Arizona; THENCE upon said revised westerly right-of-way line, North 30 degrees 07 minutes 37 seconds West, a distance of 344.70 feet to a point of cusp of a non-tangent curve, concave to the northeast, a radial line of said curve from said point having a bearing of North 57 degrees 29 minutes 13 seconds East; Exhibit A to Marana Resolution No. 2021-149 Marana Regular Council Meeting 11/16/2021 Page 197 of 211 Page 2 of 3 THENCE upon said curve to the left, having a radius of 1445.00 feet, with a central angle of 05 degrees 42 minutes 03 seconds, for an arc length of 143.77 feet to a point of tangency; THENCE South 38 degrees 12 minutes 50 seconds East, a distance of 254.51 feet to point lying upon the easterly right-of-way line of Mandarina Boulevard as described in Sequence No. 20193400150, Records of Pima County, Arizona; THENCE upon said easterly right-of-way line, South 27 degrees 42 minutes 45 seconds East, a distance of 431.66 feet to a point of curvature of a tangent curve; THENCE upon said curve to the left, having a radius of 25.00 feet, with a central angle of 98 degrees 07 minutes 02 seconds, for an arc length of 42.81 feet, to a point of cusp of a non-tangent curve, concave to the southeast, a radial line of said curve from said point having a bearing of South 35 degrees 50 minutes 38 seconds East, said point lying upon said northerly right-of-way line of Tangerine Road; THENCE upon said curve to the left having a radius of 1104.93 feet and a central angle of 05 degrees 12 minutes 51 seconds, for an arc length of 100.55 feet, to the POINT OF BEGINNING. Said parcel containing 32,593 square feet, or 0.7482 acres of land, more or less. See depiction of Exhibit A made a part hereof. Prepared by: EPS Group, Inc. Patrick McGarrity AZ RLS #49459 Exhibit A to Marana Resolution No. 2021-149 Marana Regular Council Meeting 11/16/2021 Page 198 of 211 w w w . e p s g r o u p i n c . c o mT:520.408.1400 F:520.408.1403| 0 Scale: 1"=200' 200 Exhibit A to Marana Resolution No. 2021-149 Marana Regular Council Meeting 11/16/2021 Page 199 of 211 00074647.DOCX /1 QUIT CLAIM DEED OF ABANDONMENT Exempt: A.R.S. § 11-1134 (A) (3) THE TOWN OF MARANA, an Arizona municipal corporation, hereby quit-claimsin favor of Mandarina Holdings, LLC, an Arizona limited liability company, the following described real property situated in Pima County, Arizona: SEE LEGAL DESCRIPTION AND DEPICTION ATTACHED AS EXHIBIT “A”TO THIS QUIT CLAIM DEED OF ABANDONMENT AND INCORPORATED HERE BY THIS REFERENCE DATED: _____________________, 2021. THE TOWN OF MARANA, an Arizona municipal corporation By: Keith Brann, Town Engineer* *Per Marana Resolution No. 2021-_________ APPROVED AS TO FORM: Jane Fairall, Town Attorney STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on ________________, 2021, by Keith Brann, Town Engineer of THE TOWN OF MARANA, an Arizona municipal corporation, on its behalf. (Seal) Notary Public Exhibit B Exhibit B to Marana Resolution No. 2021-149 Marana Regular Council Meeting 11/16/2021 Page 200 of 211 SHEET JOB NO1130 N. Alma School RdSuite 120 Mesa, AZ 85201T:480.503.2250 | F:480.503.2258www.epsgroupinc.comMandarina Blvd Right of WayOF 1 1 20-0522Bela Flor - Mandarina100 0 100 200 scale: 1" = 100'feet EXISTING RIGHT OF WAY TO REMAIN RIGHT OF WAY TO BE ABANDONED PROPOSED RIGHT OF WAY Marana Regular Council Meeting 11/16/2021 Page 201 of 211 00077886.DOC /1 Page 1 of 2 2021-10-12 TEMPORARY PUBLIC ACCESS EASEMENT MANDARINA HOLDINGS, LLC, an Arizona limited liability company (“Grantor”), for ten dollars and other valuable consideration, does hereby grant to the TOWN OF MARANA, an Arizona municipal corporation (“Grantee”), a Temporary Public Access Easement, for ingress and egress, over, through, under, across and along, that certain tract of land situated in the Town of Marana, Pima County, Arizona and more particularly described as follows: SEE LEGAL DESCRIPTION AND DEPICTION ATTACHED TO THIS INSTRUMENT AS EXHIBIT A AND INCORPORATED HEREIN BY THIS REFERENCE Grantor agrees for itself, its successors and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, walls, fences, utilities or improvements upon the above herein described easement, which would impair Grantee’s ingress and egress. It is understood and agreed that this easement is to expire and terminate thirty (30) days after Grantee’s acceptance of new roadway improvements for Mandarina Boulevard between Adonis Road and Tangerine Road, which are being constructed by the Grantor. IN WITNESS WHEREOF, the Grantor has caused its corporate name to be signed by the undersigned officer thereunto duly authorized this _____ day of , 2021. “GRANTOR”: MANDARINA HOLDINGS, LLC, an Arizona limited liability company By: KDL Investments, LLC, an Arizona limited liability company, its Member By Karl N. Huish, Manager STATE OF ) ) ss. County of ) The foregoing instrument was acknowledged before me this _______ day of ____________________, 2021, by Karl N. Huish, Manager of KDL Investments, LLC, as Member of Mandarina Holdings, LLC, an Arizona limited liability company, on behalf of the LLC. (Seal) Notary Public Marana Regular Council Meeting 11/16/2021 Page 202 of 211 00077886.DOC /1 Page 2 of 2 2021-10-12 Accepted by the Town of Marana: _______________________________________ Keith Brann, P.E., CFM, Town Engineer Approved as to form: _______________________________________ Jane Fairall, Town Attorney Marana Regular Council Meeting 11/16/2021 Page 203 of 211 Page 1 of 3 Legal Description Right-of-Way Abandonment A portion of that parcel as described in Docket 13752 at Page 856, Records of Pima County, Arizona and located within the Southwest one-quarter of Section 31, Township 11 South, Range 12 East, Gila and Salt River Meridian, Pima County, described as follows: COMMENCING the Southwest corner of said Section 31, said point being an aluminum cap survey monument, from which the South one-quarter corner of said Section 31, said point being a brass cap survey monument, bears North 89 degrees 36 minutes 28 seconds East, a distance of 2518.45 feet; THENCE upon the South line of said Section 31, North 89 degrees 36 minutes 28 seconds East, a distance of 734.94 feet; THENCE North 00 degrees 23 minutes 32 seconds West, a distance of 383.57 feet to the intersection of northerly right-of-way line of Tangerine Road, as recorded in Docket 11487, Page 2029, Records of Pima County, Arizona, and the northeasterly right-of-way line of the Union Pacific Railroad right-of-way; THENCE upon said right-of-way line of Tangerine Road, North 40 degrees 05 minutes 07 seconds East, a distance of 200.05 feet to a point of curvature of a tangent curve, concave to the southeast; THENCE upon said curve to the right, having a radius of 1104.93 feet and a central angle of 08 degrees 52 minutes 30 seconds, for an arc length of 171.15 feet, to the POINT OF BEGINNING, said point lying upon the arc of a non-tangent curve, a radial line of said curve from said point having a bearing of North 41 degrees 03 minutes 28 seconds West; THENCE upon said curve to the left, having a radius of 25.00 feet and a central angle of 76 degrees 39 minutes 17 seconds, for an arc length of 33.45 feet to a point of tangency, said point lying upon the westerly right-of-way line of Mandarina Boulevard as described in Sequence No. 20193400150, Records of Pima County, Arizona; THENCE upon said westerly right-of-way line, North 27 degrees 42 minutes 45 seconds West, a distance of 499.11 feet to a point lying upon the revised westerly right-of-way line of Mandarina Boulevard as described in Sequence No. 20210150765, Records of Pima County, Arizona; THENCE upon said revised westerly right-of-way line, North 30 degrees 07 minutes 37 seconds West, a distance of 344.70 feet to a point of cusp of a non-tangent curve, concave to the northeast, a radial line of said curve from said point having a bearing of North 57 degrees 29 minutes 13 seconds East; Exhibit "A" Marana Regular Council Meeting 11/16/2021 Page 204 of 211 Page 2 of 3 THENCE upon said curve to the left, having a radius of 1445.00 feet, with a central angle of 05 degrees 42 minutes 03 seconds, for an arc length of 143.77 feet to a point of tangency; THENCE South 38 degrees 12 minutes 50 seconds East, a distance of 254.51 feet to point lying upon the easterly right-of-way line of Mandarina Boulevard as described in Sequence No. 20193400150, Records of Pima County, Arizona; THENCE upon said easterly right-of-way line, South 27 degrees 42 minutes 45 seconds East, a distance of 431.66 feet to a point of curvature of a tangent curve; THENCE upon said curve to the left, having a radius of 25.00 feet, with a central angle of 98 degrees 07 minutes 02 seconds, for an arc length of 42.81 feet, to a point of cusp of a non-tangent curve, concave to the southeast, a radial line of said curve from said point having a bearing of South 35 degrees 50 minutes 38 seconds East, said point lying upon said northerly right-of-way line of Tangerine Road; THENCE upon said curve to the left having a radius of 1104.93 feet and a central angle of 05 degrees 12 minutes 51 seconds, for an arc length of 100.55 feet, to the POINT OF BEGINNING. Said parcel containing 32,593 square feet, or 0.7482 acres of land, more or less. See depiction of Exhibit A made a part hereof. Prepared by: EPS Group, Inc. Patrick McGarrity AZ RLS #49459 Exhibit "A" continued Marana Regular Council Meeting 11/16/2021 Page 205 of 211 Sheet No.Job No.of 3 20-05223 w w w . e p s g r o u p i n c . c o m T:520.408.1400 F:520.408.1403 8710 N. Thornydale Rd, Suite 140 | Tucson, AZ 85742 Portion of Section 31, T-11-S, R-12-E, G&SRM, Pima County, AZ Depiction of Exhibit A 0 Scale: 1"=200' 200 Marana Regular Council Meeting 11/16/2021 Page 206 of 211    Council-Regular Meeting   A8        Meeting Date:11/16/2021   To:Mayor and Council Submitted For:Curry C. Hale, Human Resources Director From:Libby Shelton, Deputy Town Attorney Date:November 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-150:  Relating to Personnel; approving and adopting amendments to the Town’s Personnel Policies and Procedures, revising Chapter 3 - Classification and Compensation by adding new Policy 3-13 "Second Language Pay” and revising Policy 3-6 "Holiday Pay"; approving the transfer of up to $150,000 in budgeted expenditure authority from the General Fund contingency line item to the applicable personnel costs line items within the applicable departments and/or funds in the Fiscal Year 2021-2022 budget as needed for Second Language Pay, increased Holiday Pay and increased Shift Differential Pay (Curry C. Hale) Discussion: The Town has committed to providing innovative and competitive benefits to remain highly competitive in the local labor market.  The proposed policy adds Second Language Pay for employees who utilize second language skills in their position.  Eligibility for and administration of Second Language Pay will be outlined in the Compensation Administration Administrative Directive. In addition to Second Language Pay, the Town seeks to make the following additional changes to employee compensation: Increase of Shift Differential Pay from $0.90 to $1.15 Increase in Holiday Pay to pay employees working holiday hours one and one half times their regular rate of pay. These proposed changes would go into effect on January 1, 2022.   Marana Regular Council Meeting 11/16/2021 Page 207 of 211 Financial Impact: Fiscal Year:2022 Budgeted Y/N:Y Amount:$150,000 The requested budget adjustment does not increase the overall expenditure amount for the General Fund.  The transfer would only reallocate existing budgetary authority to those departments and/or funds whose budget is impacted by the proposed amendments. Staff Recommendation: Staff recommends approval and adoption of amendments to the Town's Personnel Policies and Procedures, revising Chapter 3- Classification and Compensation by adding new policy 3-13 "Second Language Pay", and approving the transfer of up to $150,000 in budgeted expenditure authority from the General Fund contingency line item to the applicable personnel costs line items within the applicable departments and/or funds in the Fiscal Year 2021-2022 budget as needed for Second Language Pay, increased Holiday Pay and increased Shift Differential Pay. Suggested Motion: I move to adopt Resolution No. 2021-150, approving and adopting amendments to the Town's Personnel Policies and Procedures revising Chapter 3 - Classification and Compensation by adding new policy 3-13 "Second Language Pay" and revising Policy 3-6 "Holiday Pay", and approving the transfer of up to $150,000 in budgeted expenditure authority from the General Fund contingency line item to the applicable personnel costs line items within the applicable departments and/or funds in the Fiscal Year 2021-2022 budget as needed for Second Language Pay, increased Holiday Pay and increased Shift Differential Pay. Attachments Resolution No. 2021-150 Amendment to Personnel Policies Marana Regular Council Meeting 11/16/2021 Page 208 of 211 - 1 - Marana Resolution No. 2021-150 MARANA RESOLUTION NO. 2021-150 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN’S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPT ER 3 - CLASSIFICATION AND COMPENSATION BY ADDING NEW POLICY 3-13 "SECOND LANGUAGE PAY ” AND REVISING POLICY 3-6 “HOLIDAY PAY”; APPROVING THE TRANSFER OF UP TO $150,000 IN BUDGETED EXPENDIT URE AUTHORITY FROM THE GENERAL FUND CONTINGENCY LINE ITEM T O THE APPLICABLE PERSON- NEL COSTS LINE ITEMS WITHIN THE APPLICABLE DEPARTMENTS AND/OR FUNDS IN THE FISCAL YEAR 2021-2022 BUDGET AS NEEDED FOR SECOND LAN- GUAGE PAY, INCREASED HOLIDAY PAY , AND INCREASED SHIFT DIFFERENTIAL PAY WHEREAS Chapter 3-3 of the Marana Town Code provides that the Town Council may adopt personnel policies, rules, and regulations th at 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 9 9-38 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; and WHEREAS on June 15, 2021, the Town Council adopted the fis cal year 2021-2022 budgetary docu ment and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS Section 3-7-5 of the Personnel Policies and Procedures authorizes the Town Manager to designate certain non-exempt positions as eligible to receive shift dif- ferential pay and the fiscal year 2021 -2022 budget assumes a shift differential rate of $0.90 per hour; and WHEREAS the Town Council desires t o transfer budgeted expenditure authority in the fiscal year 2021-2022 budget of up to $150,000 from the General Fund contingency line item to the applicable personnel costs line items within the applicable departments for additional employee benefits ; and Marana Regular Council Meeting 11/16/2021 Page 209 of 211 - 2 - Marana Resolution No. 2021-150 WHEREAS transferring budgeted expenditure authority from the contingency fund of up to $150,000 within fiscal year 2021-2022 will not significantly impact the Gen- eral Fund; and WHEREAS reallocations of budgeted expenditure authority between the contin- gency line item in the General Fund to other line items are necessary from time to time; and WHEREAS the Council finds that the reallocations addressed by this resolution are in the best interest of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 3 of the Town’s Personnel Policies and Procedures, entitled “Classification and Compensation” is hereby amended by adding new Policy 3 -13 Second Language Pay, as follows : POLICY 3 -13 SECOND LANGUAGE PAY The Town Manager may authorize second language pay for certain employees based on the employee's position, the employee’s proficiency in the second language, and the busi- ness need for the use of a second language in th e employee’s position. The Town Manager may establish an administrative directive regarding second language pay eligibility and administration. SECTION 2. Policy 3-6 of the Town’s Personnel Policies and Procedures, entitled “Holiday Pay” is hereby amended as follows (with deletions shown with strikeouts and additions shown with double underlining): POLICY 3 -6 HOLIDAY PAY A. It is the policy of the Town to grant paid time off to eligible employees on the Town Council-approved holidays listed in Chapter 4 of these Personnel Policies and Proce- dures. However, if a non-exempt employee is required to work on a Town -approved holiday, the employee is also eligible for holiday pay. B. If a non -exempt employee is required to work on a Town -approved holiday, the em- ployee will receive the holiday pay as set forth in paragraph A above, as well as pay for time actually worked, as set forth in this policy. C. In addition to regular pay, plus any special assignment pay, for hours worked, if an employee works on the actual date of a Town -approved holiday, the employee shall receive holiday supplementary pay for the hours worked. 1. If an employee works on the observed date for a Town -approved holiday, but not the actual holiday, the employee is not eligible for holiday supplementary pay. 2. If a Town-approved holiday falls on a Saturday or Sunday and the Town ob- serves it on another day, the employee will receive holiday supplementary pay if the employee is required to work on the actual holiday (i.e., the Saturday or Sunday). Marana Regular Council Meeting 11/16/2021 Page 210 of 211 - 3 - Marana Resolution No. 2021-150 D. Holiday supplementary pay is calculated at one-half times the employee’s regular base rate of pa y plus any special assignment pay for hours worked on the actual holiday. E. The Town Manager may establish an administrative directive regarding holiday pay eligibility and administration. SECTION 3. The transfer of up to $150,000 from the General Fund contingency line item in the fiscal year 2021-2022 budget to the applicable personnel costs line items within the applicable departments and/or funds as needed fo r second language pay , increased holiday pay, and an increased shift di fferential pay of $1.15 per hour is hereby approved. SECTION 4. 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 5. The Town’s manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of this resolution. SECTION 6. The amendments to the Town’s Personnel Po licies and Procedures approved and adopted by this resolution shall become effective on January 1, 2022. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 16th day of November 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 11/16/2021 Page 211 of 211