Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Regular Council Meeting Agenda Packet 03/15/2022
MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 15, 2022, 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 March 15, 2022, 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 Town Council Meeting March 15, 2022 Page 1 of 234 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, Marana Regular Town Council Meeting March 15, 2022 Page 2 of 234 and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS PR1 Proclamation recognizing April 2-8, 2022 as the "Week of the Young Child" (Cherry L. Lawson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C1 Ordinance No. 2022.004: Relating to Development; revising section 4.2 “Cul-de-sacs” of the Marana Subdivision Street Standards Manual; and establishing an effective date (Jane Fairall) C2 Ordinance No. 2022.005: Relating to Development; revising Marana Standard Detail 740-1 for wayfinding signs and establishing an effective date (Keith Brann) Resolution No. 2022-016: Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2022.005, revising Marana Standard Detail 740-1 for wayfinding signs (Keith Brann) C3 Resolution No. 2022-017: Relating to Development; approving a final plat for Gladden Farms Block 34 Lots 1 - 168 & Common Areas "A-1 - A-5" & "B-1 - B-5", located generally west of Clark Farms Boulevard and north and east of Mike Etter Boulevard (Steve Cheslak) Marana Regular Town Council Meeting March 15, 2022 Page 3 of 234 C4 Resolution No. 2022-018: Relating to Development; approving a final plat for Breakers 40, Lots 1-16, Block 1, and Common Area "A" (Private Street, Utilities, and Drainage) and Common Areas "B1", "B2" and "B3" (Landscaping, Drainage, and Utilities) located east of Interstate 10, south of Tangerine Road and west of Marana Tech Drive within Section 5, Township 12 South and Range 12 East (Brian D. Varney) C5 Resolution No. 2022-019: Relating to Community and Neighborhood Services; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2021-2022 Community Development Block Grant Program (Lisa Shafer) C6 Resolution No. 2022-020: Relating to Development; approving a final plat for Saguaro Ranch II Lots 54-55 located approximately one mile north of the north terminus of Thornydale Road within a portion of Section 20, Township 11 South and Range 13 East (Brian D. Varney) C7 Resolution No. 2022-021: Relating to Development; approving a final plat for Gladden Farms Block 42 Lots 1-157, Common Areas A (Private Street), B-1 – B-19 (Recreation, Landscape, Utilities, Drainage and Grading), & C-1 – C-2 (Landscape, Utilities, Drainage and Grading) located approximately a half-mile east of the intersection of Tangerine and Midfield Roads (Cynthia L. Ross) C8 Resolution No. 2022-022: Relating to Intergovernmental Relations; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Town of Marana, Northwest Fire District and Marana Unified School District No. 6 for development review and inspection, facility use and general cooperation (Libby Shelton) C9 Resolution No. 2022-023: Relating to Elections; approving and authorizing the Mayor to sign an intergovernmental agreement between the Town of Marana and Pima County, on behalf of the Pima County Elections Department, for election services (David L. Udall) C10 Resolution No. 2022-024: Relating to Utilities; approving and authorizing the Mayor to sign the First Amendment to Town of Marana Agreement for Construction of Water Facilities Under Private Contract between the Town and Mandarina Holdings, LLC (David L. Udall) C11 Resolution No. 2022-025: Relating to Development; approving a release of assurances for Gladden Farms Block 26 Lots 1 through 96 and accepting public improvements for maintenance (Jason Angell) Marana Regular Town Council Meeting March 15, 2022 Page 4 of 234 C12 Resolution No. 2022-026: Relating to Development; approving a release of assurances for Gladden Farms Block 27 Phase 1 Lots 1 through 81 and accepting public improvements for maintenance (Jason Angell) C13 Approval of the Regular Council Meeting Summary Minutes of February 15, 2022 (Cherry L. Lawson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 PUBLIC HEARING: Ordinance No. 2022.006: Relating to Development; adopting revisions to Title 17 “Land Development” of the Marana Town Code, including miscellaneous revisions to Section 17-3-1 (Amendment and rezoning), Chapter 17-4 “Zoning,” Section 17-11-7 (Landscape requirements), Chapter 17-15 “Floodplain and Erosion Hazard Management Code”, and Chapter 17-16 “Stormwater Management”; revising Chapter 17-6 “General Development Regulations” to add new section 17-6-10 (Height of buildings and structures); revising Chapter 17-14 “Hillside Development” to add new section 17-14-5 (Average cross slope calculations); and making other various revisions to Title 17 of the Marana Town Code; and designating an effective date (Steve Cheslak) Resolution No. 2022-027: Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2022.006, revisions to Title 17 “Land Development” of the Marana Town Code, including miscellaneous revisions to Section 17-3-1 (Amendment and rezoning), Chapter 17-4 “Zoning,” Section 17-11-7 (Landscape requirements), Chapter 17-15 “Floodplain and Erosion Hazard Management Code”, and Chapter 17-16 “Stormwater Sanagement”; revising Chapter 17-6 “General Development Regulations” to add new Section 17-6-10 (Height of buildings and structures); revising Chapter 17-14 “Hillside Development” to add new Section 17-14-5 (Average cross slope calculations); and making other various revisions to Title 17 of the Marana Town Code (Steve Cheslak) ITEMS FOR DISCUSSION / POSSIBLE ACTION Marana Regular Town Council Meeting March 15, 2022 Page 5 of 234 D1 Presentation: Relating to Finance; presentation, discussion and possible direction on proposed changes to the Town of Marana Comprehensive Fee Schedule and other various rate and fee adjustments (Yiannis Kalaitzidis) D2 Relating to Budget; discussion, direction, and possible action regarding development of the fiscal year 2022/2023 budget, including proposed budget initiatives and expenditures (Terry Rozema) D3 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Marana Regular Town Council Meeting March 15, 2022 Page 6 of 234 Council-Regular Meeting PR1 Meeting Date:03/15/2022 From:Cherry L. Lawson, Town Clerk Date:March 15, 2022 Subject:Proclamation recognizing April 2-8, 2022 as the "Week of the Young Child" (Cherry L. Lawson) Attachments 2022 Week of the Young Child Proclamation Revised Marana Regular Town Council Meeting March 15, 2022 Page 7 of 234 PROCLAMATION Recognizing April 2-8, 2022 as, “The Week of the Young Child” WHEREAS,all young children deserve quality early learning environments that support them as capable and competent lifelong learners; and WHEREAS,nurturing parents, equitable and accessible childcare, and early education programs build strong brains during the critical years from birth to age 5; and WHEREAS,investments in babies and young children have profound impacts on creating a strong and vibrant community; and WHEREAS,First Things First, Southern Arizona Association for the Education of Young Children, Arizona Association of Young Children, and other community organizations, in conjunction with the National Association for the Education of Young Children, are celebrating the 51st anniversary of the Week of the Young Child; and WHEREAS,these organizations are working to improve equitable early learning opportunities that provide a foundation of learning for children in Marana; WHEREAS,early childhood educators and child care providers, who make a difference in the lives of young children, deserve to be well-supported and well-compensated; and WHEREAS,public policies that support early learning for all young children are crucial to Arizona’s families, communities, and economy. NOW, THEREFORE be it resolved, Mayor Honea and the Marana Town Council hereby recognize April 2-8, 2022 as the “Week of the Young Child” in Marana, Arizona and encourage all citizens to support and invest in early childhood education in our community. Dated this 31st day of March 2022. ATTEST: ___________________________ Cherry L. Lawson, Town Clerk Ed Honea, Mayor Marana Regular Town Council Meeting March 15, 2022 Page 8 of 234 Council-Regular Meeting C1 Meeting Date:03/15/2022 To:Mayor and Council From:Jane Fairall, Town Attorney Date:March 15, 2022 Strategic Plan Focus Area: Not Applicable Subject:Ordinance No. 2022.004: Relating to Development; revising section 4.2 “Cul-de-sacs” of the Marana Subdivision Street Standards Manual; and establishing an effective date (Jane Fairall) Discussion: The current Marana Subdivision Street Standards Manual provides that for permanent dead-end streets of less than 150 feet in length a turnaround area many not be required if services such as fire, sanitation, postal service, etc. can be provided without the use of the street. These types of streets have commonly been known as "stub streets." The proposed revision to the Marana Subdivision Street Standards Manual will eliminate that exception to the rule, so that even dead-end streets less than 150 feet in length will be required to have the turnaround area, designed as cul-de-sacs, or “t” or “y” shaped configurations. The proposed revision was presented to the Planning Commission at its February 23, 2022 meeting as an informational item and the Planning Commission discussed the proposed ordinance favorably. Staff Recommendation: Staff recommends approval of the proposed revisions to the subdivision street standards manual. Suggested Motion: Marana Regular Town Council Meeting March 15, 2022 Page 9 of 234 I move to adopt Ordinance No. 2022.004, revising section 4.2 “Cul-de-sacs” of the Marana Subdivision Street Standards Manual; and establishing an effective date. Attachments Ordinance No. 2022.004 Marana Regular Town Council Meeting March 15, 2022 Page 10 of 234 00079441.DOCX /1 Marana Ordinance 2022.004 -1 - MARANA ORDINANCE NO. 2022.004 RELATING TO DEVELOPMENT; REVISING SECTION 4.2 “CUL-DE-SACS” OF THE MARANA SUBDIVISION STREET STANDARDS MANUAL; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Marana Subdivision Street Standards Manual and Marana Standard Details were adopted on June 28, 2016 by Marana Ordinance No. 2016.008, and were most recently modified on September 15, 2020 by Marana Ordinance No. 2020.012; and WHEREAS Town staff proposes modifications of section 4.2 “Cul-de-sacs” of the Marana Subdivision Street Standards Manual; and WHEREAS the Mayor and Council of the Town of Marana find that the modified street standard adopted by this ordinance is in the best interests of the Town of Marana and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 4.2 “Cul-de-sacs” of the Marana Subdivision Street Standards Manual, as amended, is modified as follows (with additions shown with double underlining and deletions shown with strikeouts): 4.2 Cul-de-sacs Permanent dead-end streets shall be designed with an adequate turnaround area at the roadway terminus. In accordance with Town standards, the turnaround area may not be required on dead-end streets less than 150 feet in length if services, such as fire, sanitation, school buses, maintenance equipment, delivery and repair vehicles, and postal service, can be provided without the use of the street. Cul-de-sac/dead-end length is measured from the curbline of the last street intersection to center point of turnaround.Turnarounds may be designed as cul-de-sacs, “T” or “Y” shaped configurations. [No revisions to paragraphs 1 through 4] 5. Permanent dead-end streets longer than 1,200 feet in length shall have turnarounds throughout the total length so the distance between turnarounds is no greater than 600 feet. Cul-de-sac/dead-end length is measured from the curbline of the last street intersection to center point of turnaround. Marana Regular Town Council Meeting March 15, 2022 Page 11 of 234 00079441.DOCX /1 Marana Ordinance 2022.004 -2 - [No revisions to paragraph 6] SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. This ordinance is effective on the 31st day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 12 of 234 Council-Regular Meeting C2 Meeting Date:03/15/2022 To:Mayor and Council Submitted For:Keith Brann, Town Engineer From:Keith Brann, Town Engineer Date:March 15, 2022 Strategic Plan Focus Area: Not Applicable Subject:Ordinance No. 2022.005: Relating to Development; revising Marana Standard Detail 740-1 for wayfinding signs and establishing an effective date (Keith Brann) Resolution No. 2022-016: Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2022.005, revising Marana Standard Detail 740-1 for wayfinding signs (Keith Brann) Discussion: In 2019, Town Council approved an updated standard for the Town's wayfinding signs. The new sign standard was a more modern, clean look than the previous wayfinding signs from 2010. In working with the vendor for the sign program, the vendor has made suggestions of an aesthetic nature. The vendor suggested that supporting posts could be installed at the outer edges of the signs which would allow for the simultaneous attachment of faux columns to give the signs more apparent mass and a more pleasing appearance. The vendor also suggested that the original sign panel height of 9 inches was adequate to convey the various builders' information and the proposed 15-inch height sign panels were not necessary. Test cases of the modified signs with the vendor's suggestions have proven to be very pleasing in appearance. Marana Regular Town Council Meeting March 15, 2022 Page 13 of 234 This council action will adjust the wayfinding sign standard detail to match the successful sign test cases. Staff Recommendation: Staff recommends adoption of Ordinance 2022.005, revising standard detail 740-1 for Wayfinding signs, and Resolution 2022-016 declaring the revision as a public record. Suggested Motion: I move to adopt Ordinance 2022.005, revising standard detail 740-1 for Wayfinding signs, and Resolution 2022-016, declaring the revision as a public record. Attachments Ordinance No. 2022.005 Resolution No. 2022-016 Current detail Picture of Test Case Marana Regular Town Council Meeting March 15, 2022 Page 14 of 234 00079831.DOCX /1 Marana Ordinance 2022.005 MARANA ORDINANCE NO. 2022.005 RELATING TO DEVELOPMENT; REVISING MARANA STANDARD DETAIL 740-1 FOR WAYFINDING SIGNS AND ESTABLISHING AN EFFECTIVE DATE WHEREASthe Marana Standard Details were most recently readopted on June 28, 2016 by Marana Ordinance No. 2016.011 and amended by Marana Ordinance 2019.019 on September 3, 2019; and WHEREAS Town staff proposes a modification of the standard detail to update the wayfinding sign design; and WHEREAS the Mayor and Council of the Town of Marana find that the modified standard detail adopted by this ordinance is in the best interests of the Town of Marana and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Standard Detail 740-1, one paper copy and one electronic copy of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to Resolution No. 2022-016 of the Town of Marana, Arizona, is hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. This ordinance is administrative, as it affects the design of a Town- owned sign type, and is effective immediately upon its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 15 of 234 00079832.DOCX /1 Resolution No. 2022-016 MARANA RESOLUTION NO. 2022-016 RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2022.005, REVISING MARANA STANDARD DETAIL 740-1 FOR WAYFINDING SIGNS BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Marana Standard Detail 740-1, a copy of which is attached to and incorporated in this resolution as Exhibit A; one paper 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 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 16 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-016 Standard Detail 740-1 for Wayfinding Signs adopted by Marana Ordinance No. 2022.005 00079832.DOCX /1 Resolution No. 2022-016 Marana Regular Town Council Meeting March 15, 2022 Page 17 of 234 CURRENT EFFECTIVESIGN DETAIL FORREFERENCEMarana Regular Town Council Meeting March 15, 2022Page 18 of 234 SUPPLEMENTAL INFORMATION: picture of wayfinding sign test case Marana Regular Town Council Meeting March 15, 2022 Page 19 of 234 Council-Regular Meeting C3 Meeting Date:03/15/2022 To:Mayor and Council From:Steven Cheslak, Principal Planner Date:March 15, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-017: Relating to Development; approving a final plat for Gladden Farms Block 34 Lots 1 - 168 & Common Areas "A-1 - A-5" & "B-1 - B-5", located generally west of Clark Farms Boulevard and north and east of Mike Etter Boulevard (Steve Cheslak) Discussion: Request Rick Engineering, on behalf of Meritage Homes of Arizona, Inc., is requesting the approval of a final plat consisting of 168 residential lots and common areas "A-1" - "A-5", and "B-1" - "B-5" on approximately 32.89 acres within the Gladden Farms II development. Location The subdivision will be located within Block 34 of the Gladden Farms Amended Final Block Plat for Gladden Farms Blocks 28, 31-34, 37, 38, 42 and 43 (Sequence #20181100137) on the west side of Clark Farms Boulevard and north and east of West Mike Etter Boulevard. Zoning The zoning for Block 34 is F - Specific Plan (Gladden Farms II) with a land use designation of Transitional (TR). The TR land use permits single-family detached homes with a minimum lot size of 3,500 square feet. The proposed minimum lot size is 4,176 square feet. The proposed maximum lot size is 7,473 square feet. The proposed average lot size is 5,212 square feet. Marana Regular Town Council Meeting March 15, 2022 Page 20 of 234 Transportation The subdivision will have entry points from W. Mike Etter Boulevard via N. Maybin Drive, a 60-foot right-of-way, and from N. Clark Farms Boulevard via W. Walton Road, a 42-foot right-of-way. All subdivision internal roads will utilize the Town's standard 42-foot public right-of-way street section. Recreation, Park Requirements and Trails Per the Gladden Farms II Specific Plan, 185 square feet of on-site recreation area per single-family detached residence is required. This subdivision requires a minimum of 31,080 square feet of recreation area. Common Area "B-4" provides 33,419 square feet of active recreation area. A multi-use asphalt path will be constructed between adjacent Blocks 33 and 28 as well as in Common Area "B-3", linking all of the subdivisions and parks in the Gladden Farms II development area. Preliminary Plat The preliminary plat for Gladden Farms Block 34 was approved by Town Council on May 4, 2021, by adoption of Resolution No. 2021-057. Staff Recommendation: Staff has reviewed the request against the requirements of the Gladden Farms II Specific Plan, the Town Code and the Marana General Plan. This final plat is in substantial conformance with all required development regulations and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2022-017, approving a final plat for Gladden Farms Block 34 Lots 1 - 168 & Common Areas "A-1 - A-5" & "B-1 - B-5". Attachments Resolution No. 2022-017 Final Plat Location Map Application Marana Regular Town Council Meeting March 15, 2022 Page 21 of 234 Marana Resolution No. 2022-017 -1 - MARANA RESOLUTION NO. 2022-017 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR GLADDEN FARMS BLOCK 34 LOTS 1 -168 & COMMON AREAS “A-1”–“A-5” & “B-1”–“B-5”, LOCATED GENERALLY WEST OF CLARK FARMS BOULEVARD AND NORTH AND EAST OF MIKE ETTER BOULEVARD WHEREAS, on March 7, 2006, the Mayor and Town Council adopted Ordinance No. 2006.03, approving a rezoning to create the Gladden Farms II Specific Plan; and WHEREAS, on December 19, 2006, the Mayor and Town Council adopted Ordinance No. 2006.35, approving the first amendment to the Gladden Farms II Specific Plan; and WHEREAS, on May 16, 2007, the Mayor and Town Council adopted Resolution No. 2007-75, approving the final block plat for Gladden Farms Blocks 26 - 43, Book 62, Page 64; and WHEREAS, on March 6, 2018, the Mayor and Town Council adopted Ordinance No. 2018.006, approving the second amendment to the Gladden Farms II Specific Plan; and WHEREAS, on April 17, 2018, the Mayor and Town Council adopted Resolution No. 2018-036, approving the amended final block plat for Gladden Farms Blocks 28, 31- 34, 37, 38, 42 and 43, recorded in the Pima County Recorder’s Office at Sequence #20181100137; and WHEREAS, on September 21, 2021, the Mayor and Town Council adopted Ordinance No. 2021.020, approving the third amendment to the Gladden Farms II Specific Plan; and WHEREAS, on May 4, 2021, the Mayor and Town Council adopted Resolution No. 2021-057, approving a preliminary plat for Gladden Farms Blocks 28 and 34; and WHEREAS Rick Engineering, on behalf of Meritage Homes, has applied for approval of a final plat for a 168-lot single-family residential home subdivision within Block 34 of the Gladden Farms Blocks 28, 31-34, 37, 38, 42 and 43 block plat, generally located on the west side of Clark Farms Boulevard and north and east of Mike Etter Boulevard; and Marana Regular Town Council Meeting March 15, 2022 Page 22 of 234 Marana Resolution No. 2022-017 -2 - WHEREAS the Marana Town Council, at the regularly scheduled meeting on March 15, 2022, determined that the Final Plat for Gladden Farms Block 34 should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the final plat for Gladden Farms Block 34 Lots 1-168 & Common Areas “A-1”-“A-5” & “B-1”- “B-5” is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 23 of 234 Marana Regular Town Council Meeting March 15, 2022Page 24 of 234 Marana Regular Town Council Meeting March 15, 2022Page 25 of 234 Marana Regular Town Council Meeting March 15, 2022Page 26 of 234 Marana Regular Town Council Meeting March 15, 2022Page 27 of 234 Marana Regular Town Council Meeting March 15, 2022Page 28 of 234 © Latitude Geographics Group Ltd.0.6THIS MAP IS NOT TO BE USED FOR NAVIGATIONWGS_1984_Web_Mercator_Auxiliary_SphereMiles0.6NotesGladden Farms II Block 34 Final PlatLegendThis map is a user generated static output from an Internet mapping site and is forreference only. Data layers that appear on this map may or may not be accurate,current, or otherwise reliable.0.2801: 18,056Location MapTown of Marana PlanningMarana Town LimitsParcel LabelsParcels (Black)Marana Regular Town Council Meeting March 15, 2022Page 29 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 30 of 234 Council-Regular Meeting C4 Meeting Date:03/15/2022 To:Mayor and Council From:Brian Varney, Senior Planner Date:March 15, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-018: Relating to Development; approving a final plat for Breakers 40, Lots 1-16, Block 1, and Common Area "A" (Private Street, Utilities, and Drainage) and Common Areas "B1", "B2" and "B3" (Landscaping, Drainage, and Utilities) located east of Interstate 10, south of Tangerine Road and west of Marana Tech Drive within Section 5, Township 12 South and Range 12 East (Brian D. Varney) Discussion: Request Cypress Civil Development, on behalf of the property owner, MC Tangerine Property LLC, has applied for approval of a final plat consisting of 16 industrial lots, one block, and Common Area "A" (Private Street, Utilities, and Drainage) and Common Areas "B1", "B2" and "B3" (Landscaping, Drainage and Utilities) on approximately 39 acres of land located east of Interstate 10, south of Tangerine Road, and west of Marana Tech Drive. Zoning The zoning of the property is Heavy Industrial (HI). The Town Council adopted Ordinance No. 2021.001 on February 16, 2021 changing the zoning from Zone C - Large Lot Zone to Heavy Industrial (HI). Land Use The final plat proposes 16 industrial lots, each one acre in size, and one 19.54 acre block. A private street is proposed (Common Area "A") to provide access to the 16 Marana Regular Town Council Meeting March 15, 2022 Page 31 of 234 industrial lots. Common Areas "B1", "B2" and "B3" will accommodate the site drainage and retention as well as landscaping for the southern half of the site. Lots 1-16 will be developed as individual contractor yards providing space for business owners to locate an office, vehicles, or equipment, as well as for certain material storage. Block 1 is anticipated to be developed as a separate phase and is planned for indoor self-storage as well as indoor and outdoor recreational vehicle storage. Staff has recently approved both a preliminary plat and a development plan package for Breakers 40. Access and Traffic Circulation The subdivision will be directly accessed from two points of ingress/egress off of Marana Tech Drive. A new private drive will provide access to Lots 1-16, and a second access will be provided with the future development of Block 1. Marana Tech Drive will be improved with this project in accordance with Town standards. Infrastructure and Utilities The subdivision will be served by Marana Water. Wastewater service will be provided by private on-site septic systems. The project lies within the service areas of Northwest Fire, TRICO, Southwest Gas, and Century Link. Staff Recommendation: Staff has reviewed the proposed final plat against the requirements of rezoning Ordinance No. 2021.001, the Marana Town Code, and the Marana General Plan. The final plat is in substantial conformance with all required development regulations, and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2022-018, approving the final plat for Breakers 40, Lots 1-16, Block 1, and Common Area "A" (Private Street, Utilities, and Drainage) and Common Areas "B1", "B2" and "B3" (Landscaping, Drainage, and Utilities). Attachments Resolution No. 2022-018 Breakers 40 Final Plat PRV2108-006 Breakers 40 Map PRV2108-006 Breakers 40 App Marana Regular Town Council Meeting March 15, 2022 Page 32 of 234 Marana Resolution No. 2022-018 -1 -2/24/2022 11:20 AM MARANA RESOLUTION NO. 2022-018 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR BREAKERS 40, LOTS 1-16, BLOCK 1, AND COMMON AREA “A” (PRIVATE STREET, UTILITIES, AND DRAINAGE) AND COMMON AREAS “B1”, “B2” AND “B3” (LANDSCAPING, DRAINAGE, AND UTILITIES) LOCATED EAST OF INTERSTATE 10, SOUTH OF TANGERINE ROAD AND WEST OF MARANA TECH DRIVE WITHIN SECTION 5, TOWNSHIP 12 SOUTH AND RANGE 12 EAST WHEREAS, on February 16, 2021, the Mayor and Town Council adopted Ordinance No. 2021.001, approving a rezoning of approximately 40 acres of land located east of Interstate 10, south of Tangerine Road, and west of Marana Tech Drive (formerly Breakers Road) from Zone C – Large Lot Zone to Heavy Industry (HI); and WHEREAS, the preliminary plat for Breakers 40, Lots 1-16, Block 1, Common Area “A” (Private Street, Utilities and Drainage), and Common Areas “B1”, “B2”, and “B3” (Landscaping, Drainage, and Utilities) was approved on February 22, 2022; and, WHEREAS Cypress Civil Development, representing the property owner, MC Tangerine Property LLC, has applied for approval of a final plat for Breakers 40, Lots 1- 16, Block 1, Common Area “A” (Private Street, Utilities and Drainage), and Common Areas “B1”, “B2”, and “B3” (Landscaping, Drainage, and Utilities) located east of Interstate 10, south of Tangerine Road, and west of Marana Tech Drive; and WHEREAS the Mayor and Town Council, at its March 15, 2022 meeting, determined that the final plat for Breakers 40 should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the final plat for Breakers 40,Lots 1-16, Block 1, Common Area “A” (Private Street, Utilities and Drainage), and Common Areas “B1”, “B2”, and “B3” (Landscaping, Drainage, and Utilities) is hereby approved. Marana Regular Town Council Meeting March 15, 2022 Page 33 of 234 Marana Resolution No. 2022-018 -2 -2/24/2022 11:20 AM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 34 of 234 Marana Regular Town Council Meeting March 15, 2022Page 35 of 234 Marana Regular Town Council Meeting March 15, 2022Page 36 of 234 Marana Regular Town Council Meeting March 15, 2022Page 37 of 234 Legend1:9,028359)LQDO3ODWIRU%UHDNHUVEnter Map NotesNotes0.30.14THIS MAP IS NOT TO BE USED FOR NAVIGATION© Latitude Geographics Group Ltd.0.30 MilesWGS_1984_Web_Mercator_Auxiliary_SphereThis map is a user generated static output from an Internet mapping site and is forreference only. Data layers that appear on this map may or may not be accurate,current, or otherwise reliable.Town of Marana PlanningMarana AddressesParcels (Black)Marana Town LimitsParcels (Black)Marana Street Labels7DQJHULQH5RDG0DUDQD7HFK'ULYH,QWHUVWDWH359%UHDNHUV7DQJHULQH5RDGMarana Regular Town Council Meeting March 15, 2022Page 38 of 234 Development Services /maranaplanning@maranaAZ.gov 11555 West Civic Center Drive / Marana, AZ 85653 Ph (520) 382-2600 / Fax (520) 382-2641 / maranaAZ.gov PROJECT APPLICATION APPLICATION TYPE Annexation Development Plan Development Plan Package General Plan Amendment Rezone Minor Land Division Significant Land Use Change Conditional Use Permit Specific Plan Landscape Plan Native Plant Plan/Exception SWPP Variance Hydraulic Model Sewer Capacity Assurance Sign Program Plat Improvement Plan Report (Type): ______________Other: ___________________ PROJECT INFORMATION Project Name: Description of Project:Number of Lots: Parcel No.(s):Gross Area (Acres): Project Address: Ref. Project No.: CONTACT INFORMATION Owner:Contact Name: Address:City:State:Zip: Email:Phone No.: Applicant:Contact Name: Address:City:State:Zip: Email:Phone No.: Consultant/Engineer:Contact Name: Address:City:State:Zip: Email:Phone No.: OWNER/APPLICANT AUTHORIZATION I hereby certify that the information set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If applicant is not the owner, attach written authorization from the owner.) Applicant Name (PRINT)Signature Date FOR OFFICIAL USE ONLY Project No.______________________Date Received____________________Revision Date 03/29/2019 Breakers 40 New mixed-use commercial/industrial subdivision 1 216-08-0100, -0110 & -0160 39 11651 North Breakers Road B2012-001, ENG2102-008, ENG2103-002 MC Tangerine Property LLC Marc Martinez PO Box 89339 Tucson AZ 85752 marc@maronex.net (520) 760-1567 Cypress Civil Development Theresa Hadley 2030 E Speedway Blvd #110 Tucson AZ 85719 thadley@cypresscivil.com (520) 499-2456 Cypress Civil Development Blake Junak, P.E. 2030 E Speedway Blvd #110 Tucson AZ 85719 bjunak@cypresscivil.com (520) 499-2456 Theresa Hadley Theresa Hadley Digitally signed by Theresa Hadley DN: cn=Theresa Hadley, o=Cypress Civil Development, ou, email=thadley@cypresscivil.com, c=US Date: 2021.02.16 16:14:58 -07'00'7/2/2021 Marana Regular Town Council Meeting March 15, 2022 Page 39 of 234 Council-Regular Meeting C5 Meeting Date:03/15/2022 To:Mayor and Council Submitted For:Libby Shelton, Deputy Town Attorney From:Libby Shelton, Deputy Town Attorney Date:March 15, 2022 Strategic Plan Focus Area: Community Subject:Resolution No. 2022-019: Relating to Community and Neighborhood Services; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2021-2022 Community Development Block Grant Program (Lisa Shafer) Discussion: The Community Development Block Grant (CDBG) program, established by Congress in 1974, provides communities with resources to address a wide range of unique community development needs. Administered by the U.S. Department of Housing and Urban Development (HUD), the CDBG program provides annual grant funding, on a formula basis, to 1209 general units of local government and states. HUD awards grants to entitlement community grantees to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services.Entitlement communities develop their own programs and funding priorities. However, grantees must give maximum feasible priority to activities which benefit low- and moderate-income persons. A grantee may also carry out activities which aid in the prevention or elimination of slums or blight. Additionally, grantees may fund activities when the grantee certifies that the activities meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other Marana Regular Town Council Meeting March 15, 2022 Page 40 of 234 financial resources are not available to meet such needs. CDBG funds may not be used for activities which do not meet these broad national objectives. Eligible grantees include: principal cities of Metropolitan Statistical Areas (MSAs); other metropolitan cities with populations of at least 50,000; and qualified urban counties with populations of at least 200,000 (excluding the population of entitled cities). HUD determines the amount of each entitlement grant by a statutory dual formula which uses several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationship to other metropolitan areas. Because the Town does not meet the entitled communities criteria yet, any CDBG funding received by the Town must be allocated by Pima County. These funds are subject to both the federal CDBG guidelines and the HUD-approved plan developed by Pima County. The Town is able to apply for use of a portion of Pima County's CDBG funding through an annual proposal process. Earlier this year the Town applied for funding in four specific programs (Colonia Neighborhood Cleanup, Emergency Home Repair and Owner Occupied Housing Rehabilitation) and for funding to cover the cost of administering programs that address the needs of low-to moderate-income families. Pima County awarded the Town of Marana $60,000 from the 2021-2022 Community Development Block Grant Program. The grant provided funding for Administration, Colonia Clean-up, Emergency Home Repair, and Owner Occupied Housing Rehabilitation. Financial Impact: Fiscal Year: 2022 Budgeted Y/N: Y Amount: $180,000 Staff Recommendation: Staff recommends approval of the intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2021-2022 Community Development Block Grant Program. Suggested Motion: I move to adopt Resolution No. 2022-019, approving and authorizing the Mayor to execute the intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2021-2022 Community Development Block Grant Program. Attachments Resolution No. 2022-019 Exhibit A to Resolution No. 2022-019 Marana Regular Town Council Meeting March 15, 2022 Page 41 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 42 of 234 00079827.DOCX /1 Resolution No. 2022-019 -1 - MARANA RESOLUTION NO. 2022-019 RELATING TO COMMUNITY AND NEIGHBORHOOD SERVICES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 2021-2022 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS the Town of Marana recognizes the need to provide safe affordable housing and neighborhood infrastructure for its citizens and has applied for Community Development Block Grant (CDBG) funding for these purposes; and WHEREAS Pima County has been awarded funding from the U.S. Department for Housing and Urban Development under the CDBG program for the 2021-2022 federal fiscal year; and WHEREAS the Town of Marana has been selected as a sub-grantee through Pima County’s proposal process; and WHEREAS Pima County and the Town of Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. §11-952 et seq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between Pima County and the Town of Marana, in the form attached to and incorporated by this reference in this reso- lution as Exhibit A, is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. Marana Regular Town Council Meeting March 15, 2022 Page 43 of 234 00079827.DOCX /1 Resolution No. 2022-019 -2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 44 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 1 of 19 Pima County Department of Community and Workforce Development Program:Management and Implementation of the Community Development Block Grant (CDBG) Program Contractor:Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Amount:$60,000.00 Contract No.: CT-CR-22-182 Funding:U.S. Department of Housing and Urban Development Contract Term: October 1, 2021 through September 30, 2022 DUNS No.:098034143 Research or Development:Yes No Federal Contract No.: B-21-UC-04-0502 Required Match:Yes No Match Amount: Indirect Cost Rate:Federal NICR de minimis None Status of Contractor:Subrecipient Contractor CFDA Program Description Nation Funding Pima County Award 14.218 Community Development Block Grant/Entitlement Communities (CDBG) FY21 $3,436,670,527.00 FY21 $3,000,218.00 INTERGOVERNMENTAL AGREEMENT 1. Parties, Background, and Purpose 1.1 Parties. This Intergovernmental Agreement (“Agreement”) is entered into by and between Pima County (“County”), a body politic and corporate of the State of Arizona and the Town of Marana (“Subrecipient”), a municipal corporation in the State of Arizona. This Agreement is also a subaward. 1.2 Authority. County is authorized by A.R.S. §§ 11-254.04, 11-251 (5) and 11-251 (17), to spend public monies to improve and enhance the economic welfare and health of the inhabitants of the County. County applied for and received Community Development Block Grant (“CDBG”) funds in the amount of $3,000,218 from the U.S. Department of Housing and Urban Development (“HUD”), under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383). 1.3 Solicitation and Response. Under solicitation number CDNC-10-26-20-CDBG-ESG (“2021-2022 Community Planning Application”), County sought proposals for programs and activities that would qualify for CDBG funding during Federal Fiscal Year (“FY”) 2021-2022. Subrecipient submitted a response to the 2021-2022 Community Planning Application. County has determined that the services or activities proposed in Subrecipient’s response to the Community Planning Application are eligible for CDBG funding and in the best interests of the residents of Pima County. 1.4 Background and Purpose. On June 22, 2021, the Pima County Board of Supervisors (the “Board”) authorized inclusion of Subrecipient’s proposal for use of CDBG funds in the 2021-2022 Annual Marana Regular Town Council Meeting March 15, 2022 Page 45 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 2 of 19 Action Plan that County submitted to HUD to obtain the FY 2021-2022 CDBG funds. The Board also passed Resolution No. 2021-38 approving the allocation of $60,000.00 of FY 2021-2022 CDBG funds to Subrecipient and directing Community and Workforce Development staff to prepare agreements for distribution of grants funds to agencies authorized by HUD through HUD’s approval of the FY 2021-2022 Annual Action Plan. Finalizing this Agreement took longer than anticipated because the parties needed to negotiate portions of the Agreement. 2. Term, Extensions, and Amendments 2.1 Term and Extensions. This Agreement commences on October 1, 2021 and terminates on September 30, 2022 (the “Initial Term”). If the commencement date of the Initial Term is before the signature date of the last party to execute this Contract, the parties will, for all purposes, deem the Contract to have been in effect as of the commencement date. “Term,” means the original term plus any exercised Extension Options. County may renew this Agreement for up to a total of five years to coincide with the term of County’s Consolidated Plan submitted to HUD (an “Extension Option”). An Extension Option will be effective only upon execution by the parties of a formal written amendment. 2.2 Amendments. The provisions of this Agreement may be modified, amended, altered or extended only by a written amendment signed by the parties. Any amendment to the Agreement must be approved by County before any services under the amendment commences. Minor modifications may be made by written memorandum approved and signed by the Director of the Pima County Department of Community & Workforce Development (“CWD”) or designee. Minor modifications are changes in the scope, which do not change the specified purpose,outcomes or the total compensation provided through this Agreement and do not in any way increase the direct or indirect liability of County under this Agreement. 2.3 Survival. Notwithstanding paragraph 2.1, the terms of this Agreement will survive and remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 3. Scope of Services.Subrecipient will provide County with the services described in Exhibit A. Subrecipient will also obtain and maintain all required licenses, permits, and authority required for performance under this Agreement. Subrecipient will employ suitably trained and skilled personnel to perform all services under this Agreement. Unless otherwise provided for herein, the personnel delivering services pursuant to this Agreement will: (1) be employees or volunteers of the Subrecipient; (2) satisfy any qualifications in this Agreement; and (3) be covered by personnel policies and practices of Subrecipient. No program funded under this Agreement may impair existing contracts for services or collective bargaining agreements or be inconsistent with the terms of a collective bargaining agreement without the written concurrence of the labor organization and employer concerned. Subrecipient will maintain an accounting manual that describes its financial procedures in sufficient detail to ensure that its financial practices are easily understood. 4. Monitoring and Evaluation 4.1 County will monitor all activities and information sources in the management, fiscal, and services systems of Subrecipient and any subcontracted parties relating to performance of duties and obligations under this Agreement to ensure that Subrecipient is: 4.1.1 Making adequate and acceptable progress in the provision of services; 4.1.2 Maintaining adequate and acceptable systems to document services and expenditures; and 4.1.3 Using the funds provided pursuant to this Agreement effectively and efficiently to accomplish the purposes for which funds were made available. 4.2 Subrecipient will cooperate in the monitoring and evaluation process by County and/or HUD. Subrecipient will assist County in providing reports and documentation to HUD related to Subrecipient’s performance and, where applicable, the impact of the CDBG-funded activities on the community. If Marana Regular Town Council Meeting March 15, 2022 Page 46 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 3 of 19 monitoring and evaluation finds that Subrecipient’s performance is substandard, Subrecipient will be in default of this Agreement. If Subrecipient fails to take appropriate actions to correct the default within 15 calendar days from date of notice, this Agreement may be suspended or terminated. To the greatest extent permissible by law, County, and any authorized federal, state or local agency, including, but not limited to, the HUD and the Comptroller of the United States, will at all reasonable times have the right of access to Subrecipient's facility, books, documents, papers, or other records which are pertinent to this Agreement, in order to make audits, examinations, excerpts and transcripts for the purpose of evaluating Subrecipient's performance and Subrecipient's compliance with this Agreement. 5. Compensation and Payment 5.1 County will pay Subrecipient up to $60,000.00 (“Maximum Allocated Amount”). County will make payments from CDBG Grant(s) County has been awarded from HUD (“awarding agency”). Payment of the full Maximum Allocated Amount is subject to the CDBG funds being made available to County for this Agreement. The Maximum Allocated Amount may be decreased at any time due to reduction, termination, or any other changes in funding. Unless specifically authorized by County, unexpended funds will not be carried over into another fiscal year. Pursuant to the agreement between HUD and County (Pima County Contract No. B-21-UC-04-0502) and the Pima County Board of Supervisors’ approval of this allocation of CDBG funds to Subrecipient June 22, 2021, Subrecipient may be reimbursed for eligible costs associated with activities under this Agreement as follows: 5.1.1 For eligible activities from and after October 1, 2021; and 5.1.2 For administrative costs incurred from and after July 1, 2021. 5.2 Subrecipient will submit a request for reimbursement every month, even if no funds are being requested for the prior month. Requests for reimbursement are due as follows: Agreement Month Due date for Request for Reimbursement January through April & July through December 30 calendar days from end of month May June 15 June July 7 5.3 Each monthly request for reimbursement must be for services and costs as identified in Exhibit A and reference this Agreement number. The person(s) that prepared the request and an authorized manager, supervisor or executive of the Subrecipient must approve and sign each request to insure proper internal financial controls. In each request, Subrecipient will include the amount of CDBG accrued expenditures, if any; program income, as defined by the awarding agency; and all other fiscal resources applied to expenses incurred in providing services under this Agreement. 5.4 Each request must be accompanied by documentation that includes, but is not limited to: 5.4.1 A summary report of monthly expenditures by expense categories as shown in approved budget in Exhibit A of this Agreement. 5.4.2 Copies of invoices and checks (front and back) to support all purchases of goods or services. 5.4.3 If reimbursement is authorized for travel, detailed travel reports to support all travel expenses. 5.4.4 Any other documentation requested by County. 5.5 Subrecipient will include with each request an electronic copy with certified electronic signatures, of the Financial Status Report and Request for Funds. Hard copies, with original signatures, of the Marana Regular Town Council Meeting March 15, 2022 Page 47 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 4 of 19 Financial Status Report and Request for Funds must be retained by Subrecipient in compliance with this Agreement, Section 21, Books and Records County will provide Subrecipient with a form similar to Exhibit B upon execution of this Agreement. 5.6 If reimbursement is authorized for personnel costs, the monthly request for reimbursement must include: (1) time sheets or other records, signed by the employee and the employee's immediate supervisor with direct knowledge of employee's efforts for this Agreement, that specify the days, hours per day and total hours worked on the grant; and (2) accounting system report(s) specifying rate of pay and costs of employer paid benefits. 5.7 If Subrecipient is required to provide matching funds under the terms of the awarding agency, Subrecipient must also provide the documentation described in paragraphs 5.3 through 5.6 for the matching funds. 5.8 Subrecipient must utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Subrecipient may not bill the County for costs which are paid by another source. Subrecipient must notify County within ten days of receipt of alternative funding for costs which would otherwise be subject to payment pursuant to this Agreement. 5.9 If each request for payment includes adequate and accurate documentation, County will generally pay Subrecipient within 30 days from the date invoice is received. Subrecipient should budget cash needs accordingly. County may, at its sole discretion (1) determine the acceptability and progress of work performed and determine the resulting entitlement to payment of each request for reimbursement; (2) liquidate funds available under this Agreement for costs incurred by County on behalf of Subrecipient, and (3) deny full payment for requests for reimbursement that are submitted to County after the dates in paragraph 5.2. County may deduct its processing costs or delay-related damages in connection with a request for payment submitted after that date. Additionally, County may deny payment for any request for reimbursement received after the following dates: Month Expense Incurred Denial date January through March July and August October through December More than 60 days after the end of the month in which the expense was incurred April and May June 21 June July 15 September October 31 If payment is made on such a delinquent request, County will deduct its processing costs or delay- related damages. 5.10 Subrecipient must submit its request for final payment for compensation earned and/or eligible costs incurred to County within 15 working days after the end of the Agreement term. The request must meet the requirements in paragraphs 5.3 through 5.6 and include a report summarizing Subrecipient’s performance during the term of the Agreement. Pursuant to A.R.S. § 11-622, County will deny reimbursement completely for requests for payment submitted later than six months after the last item of the account accrues. 5.11 No payments will be made to Subrecipient, until: (1) Subrecipient has completed and submitted a W-9 Taxpayer Identification Number form; (2) Subrecipient has registered as a Pima County Vendor at the following web address -- https://secure.pima.gov/procurement/vramp/login.aspx); (3) this Agreement is fully executed; and (4) adequate and accurate documentation is provided with each request for payment or invoice. 5.12 The Director of CWD or designee has the sole discretion to grant changes between budget line items of no more than 15%. The change may not increase or decrease the maximum allocated amount. Subrecipient must submit a written request for the line item change on or before May 15 of the contract year. The written request must contain a detailed explanation of the reason the change is necessary; and how the specified purpose, program(s), metrics, or outcomes in this Agreement Marana Regular Town Council Meeting March 15, 2022 Page 48 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 5 of 19 will continue to be met, despite the requested change. The change must be for future expenditures that are not part of the current existing and approved budget(s). The change may not be to cover unbudgeted expenditures incurred by Subrecipient prior to the approval of the written request for a budget line item change. If the Director of CWD or designee approves the request for the budget line item change, the change will not be effective, nor will compensation under the change be provided, until the date in the written approval. 5.13 Pursuant to 2 CFR § 2400.101, unless excepted under 24 CFR chapters I through IX, the cost principles in 2 CFR Part 200, Subpart E, will be used to determine whether an incurred cost will be reimbursed under this Agreement. Subrecipient must reimburse County for improper, unallowable or unsubstantiated costs discovered as a result of audit or otherwise within 30 days following demand for reimbursement by County. 5.14 For the period of record retention required under Section 21, County may question any payment made under this Section 5 and require reimbursement by setoff or otherwise for payments determined to be improper or contrary to the Agreement or law. 6. Program Income. County does not anticipate that program income, as defined by the awarding agency, will be generated under the activities of this Agreement. In the event that activities under this Agreement do generate program income or program income is authorized, Subrecipient will report to County all program income, as defined at 24 CFR § 570.500(a), generated and received as a result of activities carried out with the CDBG-funds provided pursuant to this Agreement. These reports are due quarterly. Subrecipient will also return program income to County within 15 days of the end of each month, unless otherwise specified in Exhibit A. 7. Insurance 7.1 Subrecipient will procure and maintain at its own expense insurance policies (“Required Insurance”) satisfying the below requirements (“Insurance Requirements”) until all of its obligations under this Agreement have been met. The below Insurance Requirements are minimum requirements for this Agreement and in no way limit Subrecipient’s indemnity obligations under this Agreement. County in no way warrants that the required insurance is sufficient to protect the Subrecipient for liabilities that may arise from or relate to this Agreement. If necessary, Subrecipient may obtain commercial umbrella or excess insurance to satisfy the Insurance Requirements. 7.2 Insurance Coverages and Limits: 7.2.1 Commercial General Liability (CGL): Occurrence Form covering liability arising from premises, independent contractors, personal injury, bodily injury, broad form contractual liability and products-completed operations with minimum limits not less than $1,000,000 Each Occurrence and $2,000,000 General Aggregate. 7.2.2 Business Automobile Liability: Coverage for any owned, leased, hired, and/or non-owned autos assigned to or used in the performance of this Agreement with minimum limits not less than $1,000,000 Each Accident. 7.2.3 Workers’ Compensation (WC) and Employers' Liability: 7.2.3.1 Workers’ Compensation with Employers Liability limits of $1,000,000 each accident and $1,000,000 each employee – disease. Workers’ Compensation statutory coverage is compulsory for employers of one or more employees. 7.2.3.2 Note: The Workers’ Compensation requirement does not apply if Subrecipient is exempt under A.R.S. § 23-901 and has executed the appropriate Pima County Sole Proprietor (Independent Contractor) Waiver form. Marana Regular Town Council Meeting March 15, 2022 Page 49 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 6 of 19 7.3 Additional Insurance Requirements: 7.3.1 Insurer Financial Ratings: Coverage must be placed with insurers acceptable to County with A.M. Best rating of not less than A- VII, unless otherwise approved by County. 7.3.2 Additional Insured: The General Liability policy must be endorsed to include Pima County and all its related special districts, elected officials, officers, agents, employees and volunteers (collectively “County and its Agents”) as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Subrecipient. The full policy limits and scope of protection must apply to County and its Agents as an additional insured, even if they exceed the Insurance Requirements. 7.3.3 Wavier of Subrogation: Commercial General Liability and Workers’ Compensation coverages must each contain a waiver of subrogation in favor of County and its Agents for losses arising from work performed by or on behalf of the Subrecipient. 7.3.4 Primary Insurance: The Required Insurance policies, with respect to any claims related to this Agreement, must be primary and must treat any insurance carried by County as excess and not contributory insurance. The Required Insurance policies may not obligate County to pay any portion of a Subrecipient’s deductible or Self Insurance Retention (SIR). 7.3.5 Subcontractors: Subrecipient must either (a) include all subcontractors as additional insureds under its Required Insurance policies, or (b) require each subcontractor to separately meet all Insurance Requirements and verify that each subcontractor has done so, Subrecipient must furnish, if requested by County, appropriate insurance certificates for each subcontractor. Subrecipient must obtain County’s approval of any subcontractor request to modify the Insurance Requirements as to that subcontractor. 7.4 Verification of Coverage: 7.4.1 Insurer or Broker of Subrecipient must evidence compliance with the Insurance Requirements by furnishing certificates of insurance executed by a duly authorized representative of each insurer. Each certificate must include: 7.4.1.1 The Pima County tracking number for this Agreement, which is shown on the first page of the Agreement, and a project description, in the body of the Certificate, 7.4.1.2 A notation of policy deductibles or SIRs relating to the specific policy, and 7.4.1.3 Certificates must specify that the appropriate policies are endorsed to include additional insured and subrogation wavier endorsements for County and its Agents. 7.4.2 Each Required Insurance policy and appropriate endorsements must be in effect not less than 15 days prior to commencement of work under this Agreement. A renewal certificate must be provided to County not less than 15 days prior to the policy’s expiration date to include actual copies of the additional insured and wavier of subrogation endorsements. Failure to maintain the Required Insurance, or to provide evidence of renewal, is a material breach of this Agreement. 7.4.3 County reserves the right to, at any time, require complete copies of any or all Required Insurance policies. 7.4.4 Cancellation Notice: Subrecipient’s insurance policies and endorsements will not be permitted to expire, be cancelled, suspended or materially changed from the agreed upon Insurance Requirements for any reason without 30 days advance written notice to County of the policy cancellation, suspension or material change. Subrecipient must provide written notice to County within two business days of receipt of notice. For cancellation of non-payment, Insurer is to provide County with written notice ten days prior to cancellation of policy. Marana Regular Town Council Meeting March 15, 2022 Page 50 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 7 of 19 7.5 Insurance Approval and Modifications: The Pima County Risk Manager may approve a modification of the Insurance Requirements without the necessity of a formal Agreement amendment, but the approval must be in writing. Neither County’s failure to obtain a required insurance certificate or endorsement, County’s failure to object to a non-complying insurance certificate or endorsement, or County’s receipt of any other information from the Subrecipient, its insurance broker(s) and/or insurer(s), constitutes a waiver of any of the Insurance Requirements. 8. Indemnification 8.1 To the fullest extent permitted by law, Subrecipient will defend, indemnify and hold harmless Pima County, and any related taxing district, and the officials and employees and each of them (collectively, “Indemnitee”) from and against any and all claims, actions, liabilities, losses, and expenses (including reasonable attorney fees)(collectively, “Claims”) arising out of actual or alleged injury of any person (including death) or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by any act or omission of Subrecipient or any of Subrecipient’s directors, officers, agents, employees, volunteers, or subcontractors. This indemnity includes any claim or amount arising or recovered under the Workers’ Compensation law or arising out of the failure of Subrecipient to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. The Indemnitee will, in all instances, except for Claims arising solely from the acts or omissions of the Indemnitee, be indemnified by Subrecipient from and against any and all claims. Subrecipient is responsible for primary loss investigation, defense and judgement costs for any claim to which indemnity applies. This indemnity will survive the expiration or termination of this Agreement. 8.2 Subrecipient warrants that services provided under this Agreement are non-infringing. Subrecipient will indemnify, defend and hold County harmless from any claim of infringement arising from services provided under this Agreement or from the provision, license, transfer or use for their intended purpose of any products provided under this Agreement. 8.3 Subrecipient has the same obligations to County as County does to HUD pursuant to the 2021- 2022 Annual Action Plan and assurances. Subrecipient will hold County harmless against any injury that County may suffer with respect to HUD due to any failure on the part of Subrecipient to fulfill obligations to HUD. 9. Compliance with Laws 9.1 Subrecipient will comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. 9.2 The laws and regulations of the State of Arizona will govern the rights of the parties, the performance of this Agreement, and any disputes hereunder. Any action relating to this Agreement must be brought in a court of the State of Arizona in Pima County. 9.3 Subrecipient will comply with the requirements of 24 CFR Part 570, including Subpart K of these regulations, except the Subrecipient does not assume: (1) County’s environmental responsibilities described in 24 CFR § 570.604; and (2) County’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. 9.4 Subrecipient warrants that CDBG funds provided or personnel employed in the administration of the program funded under this Agreement will not be used for political activities; inherently religious activities; lobbying to influence the outcome of any election or the award of any federal contract, grant, loan or cooperative agreement (see Federal Standard Form LLL, “Disclosure of Lobbying Activities); political patronage; or nepotism activities. Marana Regular Town Council Meeting March 15, 2022 Page 51 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 8 of 19 9.5 Subrecipient will comply with the applicable provisions of: 9.5.1 Davis-Bacon Act (Public Law 107-217); 9.5.2 Contract Work Hours and Safety Standards Act (40 USC 327 et seq.); 9.5.3 Copeland Anti-Kick Back Act (18 USC 874 et seq.); 9.5.4 Section 3 of the HUD Act of 1968; and 9.5.5 All rules and regulations applicable to the listed statutes. 9.6 Subrecipient will fully cooperate with County, HUD and any other federal agency in the review and determination of compliance with the listed provisions. 9.7 Subrecipient certifies that no individual or agent has been employed or retained to solicit or secure this Agreement for commission, percentage, brokerage or contingent fee except a bona fide employee whose job duties include securing business. 10. Independent Contractor. Subrecipient is an independent contractor. Neither Subrecipient nor any of Subrecipient’s officers, agents, or employees will be considered an employee of Pima County or be entitled to receive any employment-related benefits, or assert any protections, under the Pima County Merit System. Subrecipient is responsible for paying all federal, state and local taxes on the compensation by Subrecipient under this Agreement and will indemnify and hold County harmless from any and all liability which County may incur because of Subrecipient’s failure to pay such taxes. Subrecipient will be solely responsible for its program development, operation, and performance. 11. Subcontractors. Subrecipient will not enter into any subcontracts for any services to be performed under this Agreement without County’s prior written approval of the subcontract except prior written approval is not required for the purchase of supplies that are necessary and incidental to Subrecipient’s performance under this Agreement. Subrecipient must follow all applicable Federal, State, and County rules and regulations for obtaining subcontractor services. Subrecipient will be fully responsible for all acts and omissions of any subcontractor and of persons directly or indirectly employed by any subcontractor and of persons for whose acts, any of them, may be liable to the same extent that the Subrecipient is responsible for the acts and omissions of persons directly employed by it. Nothing in this Agreement will create any obligation on the part of County to pay or see to the payment of any money due any subcontractor, except as may be required by law. Subrecipient must include the provision in paragraph 4.2 in all contracts between Subrecipient and its subcontractors providing goods or services pursuant to this Agreement. Subrecipient will be responsible for subcontractors' compliance with that provision and for any disallowances or withholding of reimbursements resulting from noncompliance of said subcontractors with the provision. 12. Assignment.Subrecipient cannot assign its rights or obligations under this Agreement, in whole or in part, without County’s prior written approval. County may withhold approval at its sole discretion. 13. Non-Discrimination. Subrecipient will comply with all provisions and requirements of Arizona Executive Order 2009-09, which is hereby incorporated into this Agreement, including flow down of all provisions and requirements to any subcontractors. During the performance of this Agreement, Subrecipient will not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. Unless exempt under federal law, Subrecipient will comply with Titles VI and VII of the Civil Rights Act of Marana Regular Town Council Meeting March 15, 2022 Page 52 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 9 of 19 1964; the Age Discrimination in Employment Act; Section 504 of the Rehabilitation Act of 1973; and the Fair Labor Standards Act of 1938. 14. Americans with Disabilities Act. Subrecipient will comply with Title II of the Americans with Disabilities Act (Public Law 110-325, 42 USC§§ 12101-12213) and the federal regulations for Title II (28 CFR Part 35). Failure to do so could result in the termination of this Agreement. 15. Authority to Contract. Subrecipient warrants its right and power to enter into this Agreement. If any court or administrative agency determines that County does not have authority to enter into this Agreement, County will not be liable to Subrecipient or any third party by reason of such determination or by reason of this Agreement. 16. Full and Complete Performance. The failure of either party to insist on one or more instances upon the full and complete performance of any of the terms or conditions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, will not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time will not be construed as an accord and satisfaction. 17. Cancellation for Conflict of Interest. This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511. Subrecipient agrees to comply with all applicable conflict of interest provisions contained in Federal laws and regulations that govern the awarding agency including 24 CFR § 570.611. 18. Termination and Suspension 18.1 Without Cause: County may terminate this Agreement at any time, without cause, by serving a written notice upon Subrecipient at least 30 days before the effective date of the termination. In the event of such termination, County's only obligation to Subrecipient will be payment for services rendered prior to the date of termination. 18.2 With Cause: Except for a default under paragraph 4.2, County may terminate this Agreement at any time without advance notice and without further obligation to County finds Subrecipient to be in default of any provision of this Agreement. 18.3 Insufficient Funds: Notwithstanding paragraphs 18.1and 18.2, if any state or federal grant monies used to pay for performance under this Agreement are reduced or withdrawn, County will have the right to either reduce the services to be provided and the total dollar amount payable under this Agreement or terminate the Agreement. To the extent possible, County will endeavor to provide 15 days written notice of such reduction or termination. In the event of a reduction in the amount payable, County will not be liable to Subrecipient for more than the reduced amount. In the event of a termination under this paragraph, County’s only obligation to Subrecipient will be payment for services rendered prior to the date of termination to the extent that grant funds are available. 18.4 Non-Appropriation: Notwithstanding any other provision in this Agreement, County may terminate this Agreement if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining County or other public entity obligations under this Agreement. In the event of such termination, County will have no further obligation to Subrecipient, other than for services rendered prior to termination. 18.5 Suspension: County reserves the right to suspend Subrecipient’s performance and payments under this Agreement immediately upon notice delivered to Subrecipient’s designated agent in order to investigate Subrecipient’s activities and compliance with this Agreement. In the event of an investigation by County, Subrecipient will cooperate fully and provide all requested information and documentation. At the conclusion of the investigation, or within 45 days, whichever is sooner, County will notify Subrecipient in writing that the Agreement will be immediately terminated or that performance may be resumed. Marana Regular Town Council Meeting March 15, 2022 Page 53 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 10 of 19 19. Notice.Subrecipient must give written notice of any change of corporate or entity status as promptly as possible and, in any event, within 15 days after the change is effective. A change in corporate or entity status includes, but is not limited to, change from unincorporated to incorporated status and vice versa and any suspension or termination of corporate status based on failure to comply with all applicable federal, state, and local reporting requirements. Any notice required or permitted to be given under this Agreement must be in writing and must be served by delivery or by certified mail upon the other party as follows: County: Subrecipient: Director Pima County Department of Community & Workforce Development 2797 East Ajo Way Tucson, Arizona 85713 Terry Rozema, Town Manager Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 20. Other Documents. In entering into this Agreement, Subrecipient and County have relied upon information provided in Subrecipient’s proposal submitted in response the 2021-2022 Community Planning Application including the Instructions to Bidders, Standard Terms and Conditions, Specific Terms and Conditions, Solicitation Addenda, Subrecipient’s Proposal, other information and documents submitted by the Subrecipient in its’ response to said Solicitation. These documents are incorporated into this Agreement to the extent not inconsistent with the provisions of this Agreement, including all exhibits. Subrecipient will promptly bring any provisions which Subrecipient believes are inconsistent to County’s attention, and County will provide Subrecipient with its interpretation of the provisions in question. In the event of an irreconcilable inconsistency, the provisions of the awarding agency documents will govern over the conditions of this Agreement, unless otherwise required by law. 21. Books and Records 21.1 Subrecipient will keep and maintain all records specified in 24 CFR § 570.506 which are pertinent to the activities funded under this Agreement. All such records will be open for inspection and audit by duly authorized representatives of County during normal business hours. Records include, but are not limited to: 21.1.1 A full description of each action or activity taken to comply with this Agreement; 21.1.2 Demonstration that the actions and activities meet one or more of the National Objectives of the CDBG program; 21.1.3 Eligibility documentation and determination; 21.1.4 Documentation of compliance with the fair housing and equal opportunity components of the CDBG program; 21.1.5 Disbursements of funds; 21.1.6 Financial records required under 24 CFR § 570.502; and 21.1.7 Documentation of compliance with Subpart K of 24 CFR Part 570. 21.2 Subrecipient must retain all records pertaining to this Agreement for three years after County submits the annual performance and evaluation report to HUD in which the CDBG-funded activities under this Agreement are reported on for the final time or until completion of any action and resolution of all issues which arise from any related litigation, claim, negotiations, audit or other action involving the records that was started before the expiration of the 3-year period, whichever is later. 22. Audit Requirements Marana Regular Town Council Meeting March 15, 2022 Page 54 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 11 of 19 22.1 Subrecipient will comply with the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR Parts 200 and 2400). In addition, Subrecipient will establish and maintain a separate, identifiable accounting of all funds provided by County under this Agreement. The accounting must record all expenditures which are used to support invoices and requests for payment from County. Subrecipient will also establish and maintain accounting records which identify the souréce and application of any funds not provided under this Agreement used to support these Agreement activities and ensure that all accounting records meet Federal, State, County requirements and generally accepted accounting principles laws and regulations. Upon written notice from County, Subrecipient will provide County a program-specific or financial audit. The notice from County will specify the period to be covered by the audit, the type of audit and the deadline for completion and submission of the audit. Subrecipient will ensure that any audit conducted pursuant to this Agreement is performed by a qualified, independent accounting firm and will be submitted to County within six months of completion of the audit required pursuant to this Section 22, unless a different time is specified by County. The audit submitted must include Subrecipient responses, if any, concerning any audit findings. Subrecipient is responsible for all costs for any audit required or requested pursuant to this Section 22, unless the cost is allowable for payment with the grant funds provided pursuant to this Agreement under the appropriate federal or state grant law and the cost was specifically included in the Subrecipient grant budget approved by County. 22.2 If Subrecipient is a "nonprofit corporation" that meets the definition of “corporation” in A.R.S. §10- 3140, Subrecipient will comply with the applicable audit requirements in A.R.S. § 11-624, “Audit of Non-Profit Corporations Receiving County Monies.” If Subrecipient meets or exceeds the single audit threshold in 2 CFR Part 200, Subrecipient will comply with federal single audit requirements and, upon request from County, provide County with a copy of the required audit document within 90 days following the end of Subrecipient’s fiscal year. Subrecipient must timely submit the required or requested audit(s) to: Risé Hart Pima County Department of Community & Workforce Development 2797 East Ajo Way, 3 rd Floor Tucson, Arizona 85713 23. Copyright.Neither Subrecipient nor its officers, agents or employees will copyright any materials or products developed through contract services provided or contract expenditures made under this Agreement without prior written approval by County. Upon approval, County will have a non-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. 24. Property of County. Subrecipient is not the agent of County for any purpose and will not purchase any materials, equipment or supplies on the credit of County. Any materials, including reports, computer programs and other deliverables, created under this Agreement are the sole property of County. Subrecipient is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. Subrecipient will not use or release these materials without the prior written consent of County. 25. Disposal of Property. Termination of this Agreement will not relieve any party from liabilities or costs already incurred under this Agreement, nor affect any ownership of property pursuant to this Agreement. 26. Coordination. On matters relating to the administration of this Agreement, County will be Subrecipient's contact with all Federal, State and local agencies that provide funding for this Agreement. 27. Public Records 27.1 Disclosure. Pursuant to Arizona Public Records law, A.R.S. § 39-121 et seq., and A.R.S. § 34- 603(H) in the case of construction or architectural and engineering services procured under A.R.S. Marana Regular Town Council Meeting March 15, 2022 Page 55 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 12 of 19 § Title 34, Chapter 6, all documents submitted in response to the solicitation resulting in an award of this Agreement, including, but not limited to pricing schedules, product specifications, work plans, and any supporting documents, are public records. As such, those documents are subject to release and/or review by the general public upon request, including competitors. 27.2 Records Marked Confidential; Notice and Protective Order. If Subrecipient reasonably believes that some of the records listed in paragraph 27.1 contain proprietary, trade-secret or otherwise- confidential information, Subrecipient must prominently mark those records “CONFIDENTIAL”. In the event that a public records request is submitted to County for records marked “CONFIDENTIAL,” County will notify Subrecipient of the request as soon as reasonably possible. County will release the records ten business days after the date of notice, unless Subrecipient has, within that period, secured an appropriate order from a court of competent jurisdiction in Arizona, enjoining the release of the records. County will not, under any circumstances, be responsible for securing such an order, nor will County be in any way financially responsible for any costs associated with securing such an order. 28. Eligibility for Public Benefits. Subrecipient will comply with applicable provisions of A.R.S. §§1- 501 and 1-502 regarding public benefits, which are hereby incorporated as provisions of this Agreement. 29. Legal Arizona Workers Act Compliance 29.1 Compliance with Immigration Laws. Subrecipient hereby warrants that it will at all times during the term of this Agreement comply with all federal immigration laws applicable to Subrecipient’s employment of its employees, and with the requirements of A.R.S. § 23-214 (A) (together the “State and Federal Immigration Laws”). Subrecipient will further ensure that each subcontractor who performs any work for Subrecipient under this Agreement likewise complies with the State and Federal Immigration Laws. 29.2 Books and Records. County has the right at any time to inspect the books and records of Subrecipient and any subcontractor in order to verify such party’s compliance with the State and Federal Immigration Laws. 29.3 Remedies for Breach of Warranty. Any breach of Subrecipient’s or any subcontractor’s warranty of compliance with the State and Federal Immigration Laws, or of any other provision of this Section 29, is a material breach of this Agreement subjecting Subrecipient to penalties up to and including suspension or termination of this Agreement. If the breach is by a subcontractor, and the subcontract is suspended or terminated as a result, Subrecipient will be required to take such steps as may be necessary to either self-perform the services that would have been provided under the subcontract or retain a replacement subcontractor, as soon as possible so as not to delay project completion. Any additional costs attributable directly or indirectly to such remedial action are the responsibility of Subrecipient. 29.4 Subcontractors. Subrecipient will advise each subcontractor of County’s rights, and the subcontractor’s obligations, under this Section 29 by including a provision in each subcontract substantially in the following form: Subcontractor hereby warrants that it will at all times during the term of this Agreement comply with all federal immigration laws applicable to Subcontractor’s employees, and with the requirements of A.R.S. § 23-214 (A). Subcontractor further agrees that County may inspect the Subcontractor’s books and records to ensure that Subcontractor is in compliance with these requirements. Any breach of this paragraph by Subcontractor will be deemed to be a material breach of this contract subjecting Subcontractor to penalties up to and including suspension or termination of this Agreement. 30. No Joint Venture. The parties do not intend to, and nothing contained in this Agreement will be construed to, create any partnership, joint venture or employment relationship between the parties Marana Regular Town Council Meeting March 15, 2022 Page 56 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 13 of 19 or create any employer-employee relationship between County and any Subrecipient employees, or between Subrecipient and any County employees. Neither party will be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 31. Remedies.Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each will be cumulative and in addition to any other right or remedy existing at law or at equity or by virtue of this Agreement. 32. Severability.Each provision of this Agreement stands alone, and any provision of this Agreement found to be prohibited by law will be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement. 33. Non-Exclusive Agreement. Subrecipient understands that this Agreement is nonexclusive and is for the sole convenience of County. County reserves the right to obtain like services from other sources for any reason. 34. No Third-Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 35. Israel Boycott Certification. Pursuant to A.R.S. § 35-393.01, if Subrecipient engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, Subrecipient certifies it is not currently engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 36. Entire Agreement. This document constitutes the entire agreement between the parties pertaining to the subject it addresses and supersedes all prior or contemporaneous agreements and understandings, oral or written. No verbal agreements or conversations with any officer, agent or employee of County prior to or after the execution of this Agreement will affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreements are unofficial information and in no way binding upon County. 37. Effective Date. This Contract will become effective when all parties have signed it. The effective date of the Contract will be the date this Contract is signed by the last party as indicated by the date associated with that party’s signature. SIGNATURE PAGE TO FOLLOW Marana Regular Town Council Meeting March 15, 2022 Page 57 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 14 of 19 THIS AGREEMENT MAY BE SIGNED IN COUNTERPARTS PIMA COUNTY _______________________________________ Chairman, Board of Supervisors Date: _____________________ ATTEST: ______________________________________ Clerk of the Board Date APPROVED AS TO CONTENT: ______________________________________ Director, Department of Community and Workforce Development TOWN OF MARANA ______________________________________ Mayor, Town of Marana Date: ____________________ ATTEST: ______________________________________ Town Clerk Date The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. §11-952 by the undersigned Deputy County Attorney and the Town of Marana Attorney, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by Pima County and the Town of Marana. PIMA COUNTY ______________________________________ Stacey Roseberry, Deputy County Attorney TOWN OF MARANA _____________________________________ Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 58 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 15 of 19 EXHIBIT A SCOPE OF WORK 1. Program Title and Locations: Management and Implementation of the Town of Marana Community Development Block Grant Program (“the CDBG Program”): 2. Program Purpose. The Program will provide the following eligible CDBG activities for income-qualified persons and households in Marana, Arizona: 1) Program Administration; 2) Colonia Neighborhood Cleanup public service activities; and 3) Emergency Home Repair and Owner-Occupied Housing Rehabilitation. 3. Program Activities. Subrecipient shall comply with the 2021-2022 Annual Action Plan as follows: 3.1. Program Administration. Subrecipient shall provide eligible, general CDBG program administration functions and activities for the management and implementation of the CDBG program to the extent allowed under 24 CFR 570.206: 3.2. Colonia Neighborhood Cleanup. Pursuant to 24 CFR§570.201(e), Subrecipient shall select and identify neighborhoods where cleanup activities will take place. For each area selected, Subrecipient shall: 3.2.1. Reach out to community representatives and groups to identify specific community cleanup needs; 3.2.2. Complete a thorough needs assessment for each suggested community cleanup activity; 3.2.3. Organize and hold or attend established community meetings to organize and plan cleanups as appropriate; 3.2.4. Conduct cleanup activities; and 3.2.5. Provide addressing for homes as needed. 3.2.6. Procure, by competitive bidding and quotes, required materials, supplies and services to conduct community cleanup activities, including, but not limited to roll-off dumpsters; heavy equipment rental or operations costs, e.g., backhoes, front loaders, skid steers, and augers; trailers; safety equipment (including Personal Protective Equipment) for workers and volunteers; hand and power tools; t-shirts; and, marketing flyers and posters promoting the project. 3.3. Eligible Emergency Home Repair and Owner-Occupied Housing Rehabilitation. Pursuant to 24 CFR §570.202, Subrecipient shall rank eligible applicants based on severity of health and safety issues in the home and give priority to applicants most in need with special consideration given to households with persons age 60 or older, disabled persons, or with children 6 years of age and younger. Subrecipient shall also prepare a written scope of work of home repairs, adaptive construction, and safety hardware work that Subrecipient will complete. In addition, Subrecipient shall complete an Environmental Review Record (ERR) for each home scheduled to be assisted and submit this ERR to County for review and approval. County must approve the ERR before Subrecipient may commit funds or carry out work on a home. On conventional (site-built) homes constructed prior to 1978, Subrecipient shall comply with HUD’s Lead Safe Housing Rule (24 CFR Part 35) as follows: 3.3.1. Provide the applicant with the U.S. Environmental Protection Agency’s “The Lead-Safe Certified Guide to Renovate Right” brochure (www.cpsc.gov/s3fs- public/renovateright.pdf); 3.3.2. Secure a signed acknowledgement from applicant confirming receipt of this brochure. Marana Regular Town Council Meeting March 15, 2022 Page 59 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 16 of 19 3.4. Client Files. Subrecipient shall create a file for, and in accordance with Section 21.0, three years after the final quarterly report is submitted post termination of this Agreement. Each file must contain: 3.4.1. Client’s application and program eligibility documentation 3.4.2. Copies of all agreements and authorizations obtained from applicant; 3.4.3. Records of disbursements made for work approved and completed; 3.4.4. Copies of onsite inspections by Subrecipient or designated rehabilitation specialists, approvals of rehabilitation work, the final inspection, and client sign-off; 3.4.5. Completed ERR signed and dated by County; 3.4.6. Contractor(s) certifications; 3.4.7. Signed lead acknowledgement, if required under paragraph 3.3.1; and 3.4.8. Signed client acceptance of completed work. 3.5. Procurement. Subrecipient shall procure, pursuant to Town Code, by competitive quotes (1) eligible professional and outside services, as needed; and (2) materials and supplies for emergency home repair, adaptive construction, and safety hardware including, but not limited to plumbing; heating and cooling; electrical; flooring; exterior (roofing, windows, doors); accessibility/safety hardware; and required lead mitigation activities. 3.6. Applicant Eligibility. Subrecipient shall verify eligibility of applicants. Each household receiving assistance under this program must meet all of the following criteria. 3.6.1. Each applicant must live within the corporate limits of the Town of Marana and must have a household income at or below most current measure 80% Area Median Income (AMI). Each applicant must also intend to live in the home for at least 12 months from the date of work completion and acceptance recorded on client sign-off. In addition, each applicant must agree to not sell the home for at least 12 months from the date of work completion and acceptance recorded on client sign-off. 3.6.2. Each applicant must be the owner-occupant of a conventional home, legally affixed manufactured home or non-affixed manufactured home located in Pima County. 3.6.2.1. The following proof of ownership is required for a conventional (site built) home: (1) a copy of recorded Property Deed; or (2) a copy of Pima County Assessor’s Office property record or a copy of Pima County Treasurer’s Office tax record indicating taxation Property Type of Real Property. 3.6.2.2. The following proof of ownership is required for a legally affixed manufactured home: (1) a copy of recorded Property Deed or recorded Affidavit of Affixture; or (2) a copy of Pima County Assessor’s Office property record or a copy of Pima County Treasurer’s Office tax record indicating taxation Property Type of Real Property. 3.6.2.3. The following proof of ownership is required for a non-affixed manufactured home: (1) a current and valid copy of the home title from the Arizona Department of Transportation Motor Vehicle Division; or (2) a copy of a Pima County Treasurer’s Office record noting taxation as Personal Property in owner-occupants name for the physical address and showing manufactured home year and make or model. Marana Regular Town Council Meeting March 15, 2022 Page 60 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 17 of 19 3.6.2.3.1. If the applicant is seeking repairs of a non-affixed manufactured home, the home must be installed on a slab, wall, pier or other foundation or anchoring system; have towing hitch, wheels and axles removed; and be connected to utilities. For non-affixed manufactured homes that meet this criteria, Subrecipient must attain written acknowledgement from owner- occupant that “any improvements made through the Program(s) will be to the home structure only and not the lot, space, or land on which it sits.” 3.6.3. If a household is located in a Federal Emergency Management Agency (FEMA) Special Flood Hazard Area, the applicant must have and provide proof of current and valid flood insurance. Subrecipient may not proceed with work under the Program if the applicant does not have flood insurance in Special Food Hazard Areas (a Special Flood Hazard Area is any that FEMA has not designated as Zone X, X Shaded, or D). 4. COVID-19 Restrictions.Subrecipient shall provide all in-person and group program services in compliance with Centers for Disease Control and Prevention (“CDC”), State, and County guidelines for operating during the Coronavirus COVID-19 pandemic. If Subrecipient’s performance of the services must be modified or curtailed to comply with public health restrictions related to COVID-19, Subrecipient must immediately report the situation to County. County and Subrecipient will confer at least monthly to determine appropriate performance requirements and activities until services can be resumed in full. 5. Project goal/predicted outcomes. The Program will create viable communities that meet the needs of low- and moderate-income individuals and households through CDBG activities that promote decent housing, suitable living environments and expanded economic opportunities. Individuals and households will have new or improved access to public services and receive critical home repair services. 6. Public benefit – CDBG National Objective and Eligible Activity: Upon completion, the Town of Marana CDBG Program will meet the HUD CDBG National Objective to assist low- and moderate- income persons and households. 7. Metrics available to measure performance. 7.1. Subrecipient will complete fourteen neighborhood cleanups in Colonia communities; and 7.2. Subrecipient will provide four low- to moderate-income households with emergency home repair or owner-occupied housing rehabilitation to that address livability, safety, and accessibility needs. 8. Reports. Subrecipient will provide quarterly reports to County for submission to HUD on County’s web-based application system at www.zoomgrants.com. The reports shall include, but are not limited to, the following: 8.1. An accomplishment narrative describing program successes and challenges; 8.2. Number of persons benefiting from public facility improvement(s); 8.3. Number of emergency home repairs, adaptive construction, and safety hardware installation projects completed including the full address of each home; 8.4. Household income calculated and identified by appropriate cohort per household to include the number of (1) Extremely Low Income, at or below 30% Area Median Income (“AMI”); (2) Low Income, at or below 50% AMI; or (3) Moderate Income, at or below 80% AMI. 8.5. Racial and Ethnic information of applicant or head of household, only. Marana Regular Town Council Meeting March 15, 2022 Page 61 of 234 Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 18 of 19 8.6. Number of Female-headed households assisted. 8.7. Number of clients 62 years of age or older assisted. 8.8. Number of disabled clients assisted. 8.9. Lead paint requirements, as applicable, but not limited to housing units constructed before 1978; exempt housing units constructed 1978 or later; exempt due to hard costs $5,000.00; units that are otherwise exempt; and 8.10. Lead hazard remediation actions, including: Lead Hazard Work Practices under 24 CFR §35.930(b), (hard costs $5,000); Interim Controls or Standard Practices under 24 CFR §35.930(c), (hard costs $5,000 - $25,000); or Abatement under 24 CFR §35.930(d), (hard costs > $25,000). 8.11. Number of persons benefiting from neighborhood cleanup activities. 8.12. The quarterly reports must be submitted on: January 15; April 15; July 15; and October 15. 8.13. All reporting provisions will survive the termination of this Agreement. 9. Budget.County will pay Subrecipient as follows: CDBG Activities Budget Administration $13,000.00 Colonia Neighborhood Cleanup $10,000.00 Emergency Home Repair $18,500.00 Owner Occupied Home Repair $18,500.00 Total $60,000.00 END OF EXHIBIT A Marana Regular Town Council Meeting March 15, 2022 Page 62 of 234 Exhibit A to Resolution No. 2022-019 [Type Here]00079581.DOCX /2 CT-CR-22-182 Page 20 of 20 EXHIBIT B END OF EXHIBIT B Marana Regular Town Council Meeting March 15, 2022 Page 63 of 234 Council-Regular Meeting C6 Meeting Date:03/15/2022 To:Mayor and Council Submitted For:Brian Varney, Senior Planner From:Brian Varney, Senior Planner Date:March 15, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-020: Relating to Development; approving a final plat for Saguaro Ranch II Lots 54-55 located approximately one mile north of the north terminus of Thornydale Road within a portion of Section 20, Township 11 South and Range 13 East (Brian D. Varney) Discussion: Request Rick Engineering Company, Inc., representing the property owners, is requesting approval of a final plat for Saguaro Ranch II Lots 54-55. The 12.21 acre plat proposes to resubdivide Lot 54 and Lot 55 of Saguaro Ranch II Lots 50, 51, & 53-65, Parcel "A" & Common Areas "A" and "B" in order to reconfigure a common property line of the two adjacent lots in order to facilitate construction of single-family residences. The existing plat was approved by the Mayor and Council with the adoption of Resolution 2006-150 on October 6, 2006. Zoning and Land Use The zoning of both lots is RD-180 (Rural Development) per Marana Ordinance No. 2003.14. A minimum lot size of 180,000 square feet is required. The reconfigured lots measure 257,698 square feet (Lot 54) and 274,170 square feet (Lot 55). Access and Traffic Circulation Access to the resubdivision is provided directly from Ranheim Place off of Old Ranch House Road. All streets are private and maintained by the homeowner's association. Marana Regular Town Council Meeting March 15, 2022 Page 64 of 234 Staff Recommendation: Staff has reviewed the proposed plat against all applicable requirements. The proposed plat is in substantial conformance with all required development regulations, and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2022-020, approving a final plat for Saguaro Ranch II Lots 54-55. Attachments Resolution No. 2022-020 PRV2111-002 Saguaro Ranch 54-55 Final Plat PRV2111-002 Saguaro Ranch 54-55 Map PRV2111-002 Saguaro Ranch 54-55 App Marana Regular Town Council Meeting March 15, 2022 Page 65 of 234 Marana Resolution No. 2022-020 MARANA RESOLUTION NO. 2022-020 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR SAGUARO RANCH II LOTS 54-55 LOCATED APPROXIMATELY ONE MILE NORTH OF THE NORTH TERMINUS OF THORNYDALE ROAD WITHIN A PORTION OF SECTION 20, TOWNSHIP 11 SOUTH AND RANGE 13 EAST WHEREAS the Final Plat for Saguaro Ranch II Lots 50, 51, & 53-65, Parcel “A” and Common Areas “A” & “B” was approved by the Marana Town Council on October 3, 2006 by the adoption of Resolution No. 2006-150; and WHEREAS Rick Engineering Company, Inc., representing the property owners, has applied for approval of a final plat for Saguaro Ranch II Lots 54-55, consisting of 12.21 acres, and being a resubdivision of Lots 54 and 55 of Saguaro Ranch II Lots 50, 51, & 53- 65, Parcel “A” and Common Areas “A” & “B”; and WHEREAS the Mayor and Town Council, at its March 15, 2022 meeting, determined that the final plat for Saguaro Ranch II Lots 54-55 should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the final plat for Saguaro Ranch II Lots 54- 55 is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 66 of 234 Marana Regular Town Council Meeting March 15, 2022Page 67 of 234 Marana Regular Town Council Meeting March 15, 2022Page 68 of 234 © Latitude Geographics Group Ltd. 0.6 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.6 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 PRV2111-002 Saguaro Ranch 54-55Town of Marana Planning Notes 1: 18,0561: 18,056 Marana Town Limits Parcel Labels Parcels (Black)3597KRUQ\GDOH5RDG0RRUH5RDG 2OG5DQFK + R X V H 5 R D G Marana Regular Town Council Meeting March 15, 2022 Page 69 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 70 of 234 Council-Regular Meeting C7 Meeting Date:03/15/2022 To:Mayor and Council From:Cynthia Ross, Senior Planner Date:March 15, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-021: Relating to Development; approving a final plat for Gladden Farms Block 42 Lots 1-157, Common Areas A (Private Street), B-1 – B-19 (Recreation, Landscape, Utilities, Drainage and Grading), & C-1 – C-2 (Landscape, Utilities, Drainage and Grading) located approximately a half-mile east of the intersection of Tangerine and Midfield Roads (Cynthia L. Ross) Discussion: Request Rick Engineering, on behalf of Crown West Realty LLC, is requesting the approval of a final plat consisting of 157 residential lots and common areas "A," "B-1 – B-19”, & “C-1 - C-2” on approximately 26.51 acres within the Gladden Farms II Specific Plan development. Location The subdivision will be located within a portion of Block 42 of the amended Gladden Farms Blocks 28, 31-34, 37, 38, 42 and 43 Final Block Plat (Sequence #20181100137) approximately a half-mile east of the intersection of Tangerine and Midfield Roads. Zoning The zoning for Block 42 is F (Specific Plan - Gladden Farms II) with a land use designation of High Density Residential (HDR). The HDR land use permits small-lot, single-family detached homes with a minimum lot size of 3,500 square feet. The proposed plat average lot size is 3,991 square feet. The proposed plat minimum lot size Marana Regular Town Council Meeting March 15, 2022 Page 71 of 234 is 3,569 square feet (Lot 40) and the proposed maximum lot size is 4,649 square feet (Lot 148). Transportation The main entry is proposed to be off Tangerine Road at the southern boundary of the subdivision at N. Walker Stone Drive, a new private street from Tangerine Road. Another entry is proposed west of the main entry from Tangerine Road via Birchfield Drive, a new public street dedicated with the Block 37 Final Plat (Sequence # 20213010090). Two other access points are proposed at the northern boundary of the subdivision at N. Olin Avenue and N. Sandhurst Drive. The internal streets will be private, utilizing the typical 42-foot wide street section. Recreation, Park Requirements and Trails Per the Gladden Farms II Specific Plan, 185 square feet of on-site recreation area per single-family detached residence is required. The proposed subdivision is required to have a minimum of 29,045 square feet of recreation area. The active recreation area is planned for Common Area "B-1" and totals approximately 49,587 square feet. Planning Commission This preliminary plat was presented to the Planning Commission on September 15, 2020, and received a unanimous recommendation for approval 7-0. Staff Recommendation: Staff has reviewed the request against the requirements of the Gladden Farms II Specific Plan, Marana Town Code and the Marana General Plan. This final plat is in substantial conformance with all required development regulations and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2022-021 approving a final plat for Gladden Farms Block 42 Lots 1-157, Common Areas A, B-1 – B-19, & C-1 – C-2 located approximately a half-mile east of the intersection of Tangerine and Midfield Roads. Attachments Resolution No. 2022.021 Final Plat Location Map Application Marana Regular Town Council Meeting March 15, 2022 Page 72 of 234 Resolution No. 2022-021 1 [CLR] MARANA RESOLUTION NO. 2022-021 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR GLADDEN FARMS BLOCK 42 LOTS 1-157, COMMON AREAS A (PRIVATE STREET), B-1 – B-19 (RECREATION, LANDSCAPE, UTILITIES, DRAINAGE AND GRADING), & C-1 – C-2 (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) LOCATED APPROXIMATELY A HALF-MILE EAST OF THE INTERSECTION OF TANGERINE AND MIDFIELD ROADS WHEREAS, on March 7, 2006, the Mayor and Town Council adopted Ordinance No. 2006.03, approving a rezoning to create the Gladden Farms II Specific Plan; and WHEREAS, on December 19, 2006, the Mayor and Town Council adopted Ordinance No. 2006.35, approving the first amendment to the Gladden Farms II Specific Plan; and WHEREAS, on May 16, 2007, the Mayor and Town Council adopted Resolution No. 2007-75, approving the final block plat for Gladden Farms Blocks 26 – 43, Book 62, Page 64; and WHEREAS, on March 6, 2018, the Mayor and Town Council adopted Ordinance No. 2018.006, approving the second amendment to the Gladden Farms II Specific Plan; and WHEREAS, on April 17, 2018, the Mayor and Town Council adopted Resolution No. 2018-036, approving the amended final block plat for Gladden Farms Blocks 28, 31- 34, 37, 38, 42 and 43, recorded in the Pima County Recorder’s Office at Sequence #20181100137; and WHEREAS, on September 15, 2020, the Mayor and Town Council adopted Resolution No. 2020-102, approving a preliminary plat for Gladden Farms Block 42; and WHEREAS, on September 21, 2021, the Mayor and Town Council adopted Ordinance No. 2021.020, approving the third amendment to the Gladden Farms II Specific Plan; and WHEREAS Rick Engineering, on behalf of Crown West Realty, LLC, has applied for approval of a final plat for a 157-lot single-family residential home subdivision of Gladden Farms Block 42, located approximately a half-mile east of the intersection of Tangerine and Midfield Roads; and WHEREAS theMayor andTown Council, at the regularly scheduled meetingon March 15, 2022, determined that the Final Plat for Gladden Farms Block 42 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the final plat for Gladden Farms Block 42 Lots 1-157, Common Areas A (Private Street), B-1 – B-19 (Recreation, Landscape, Utilities, Drainage and Grading), & C- 1 – C-2 (Landscape, Utilities, Drainage and Grading) is hereby approved. Marana Regular Town Council Meeting March 15, 2022 Page 73 of 234 Resolution No. 2022-021 2 [CLR] PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 74 of 234 Marana Regular Town Council Meeting March 15, 2022Page 75 of 234 Marana Regular Town Council Meeting March 15, 2022Page 76 of 234 Marana Regular Town Council Meeting March 15, 2022Page 77 of 234 Marana Regular Town Council Meeting March 15, 2022Page 78 of 234 Marana Regular Town Council Meeting March 15, 2022Page 79 of 234 TANGERINE I1 0 MIKE ETTER MIDFIELDSUTTERC L A R K F A R M S APPLINGDENTON YATES KEUKA I1 0 F R O N T A G E GO L D E N V I E W HAYWARDAMBERWOODSANDERLINGOLSON DICKERSON CHESTNUTCARAVELLEC E R V E L L I RENWICK LARISARALSTON CAMDENF U L T O N FILBERT PINTAIL RADCLIFF RO MINE I1 0 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 Marana become 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. ° Subject Property W. Tangerine Road Mike Etter Blvd. Alignment IN T E R S T A T E 1 0 NWFD Firestation #36 Clark Farms Blvd. AlignmentBLOCK 37 BLOCK 41 BLOCK 38B BLOCK 43 BLOCK 38A Marana Regular Town Council Meeting March 15, 2022 Page 80 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 81 of 234 Council-Regular Meeting C8 Meeting Date:03/15/2022 To:Mayor and Council Submitted For:Libby Shelton, Deputy Town Attorney From:Libby Shelton, Deputy Town Attorney Date:March 15, 2022 Strategic Plan Focus Area: Community Subject:Resolution No. 2022-022: Relating to Intergovernmental Relations; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Town of Marana, Northwest Fire District and Marana Unified School District No. 6 for development review and inspection, facility use and general cooperation (Libby Shelton) Discussion: The Town of Marana has long valued its cooperative relationships with Northwest Fire District (NWFD) and the Marana Unified School District (MUSD). The three entities have partnered many times in the past on the development of public and private facilities, and continue to work on finding innovative ways to serve their common constituents. In 2010, the three parties entered into a "tri-party" intergovernmental agreement (IGA) to formalize relationships with each other regarding several functional areas, most notably development services and facility use. The IGA formalized the policy and procedural elements related to these services as provided by the three entities to each other, as well as any costs that should be incurred as a result. In general, the IGA committed all three governments to waiving development services and facility use charges for each other in an effort to work cooperatively and minimize the overall cost of government to taxpayers. The most recent iteration of the IGA expires on March 18, 2022; however, the Town, Marana Regular Town Council Meeting March 15, 2022 Page 82 of 234 NWFD and MUSD have negotiated a new proposed IGA, almost identical to the original, to continue this commitment for another four-year period. Each entity will present the proposed IGA to its governing board for approval. Financial Impact: Staff does not anticipate a significant financial impact from the renewal of this IGA. The IGA minimizes the overall cost of government to taxpayers. Staff Recommendation: Staff recommends approval of the tri-party IGA. Suggested Motion: I move to adopt Resolution No. 2022-022, approving and authorizing the Mayor to execute an Intergovernmental Agreement among the Town of Marana, Northwest Fire District and Marana Unified School District No. 6 for development review and inspection, facility use and general cooperation. Attachments Resolution No. 2022-022 Exhibit A to Resolution No. 2022-022 Marana Regular Town Council Meeting March 15, 2022 Page 83 of 234 Resolution No. 2022-022 1 MARANA RESOLUTION NO. 2022-022 RELATING TO INTERGOVERNMENTAL RELATIONS; APPROVING AND AUTHOR- IZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BE- TWEEN THE TOWN OF MARANA, NORTHWEST FIRE DISTRICT AND MARANA UNIFIED SCHOOL DISTRICT NO. 6 FOR DEVELOPMENT REVIEW AND INSPEC- TION, FACILITY USE AND GENERAL COOPERATION WHEREAS the Town of Marana (the “Town”) uses Marana Unified School District No. 6 (“MUSD”) public facilities for its programs and services; and WHEREAS the Town and MUSD obtain development review, permitting and in- spection services from Northwest Fire District (“NWFD”) for their respective public fa- cilities; and WHEREAS NWFD and MUSD obtain development review, permitting and in- spection services from the Town for their respective public facilities; and WHEREAS NWFD, the Town and MUSD seek to establish guidelines relating to the development and use of public facilities in the town limits of the Town; and WHEREAS NWFD, the Town and MUSD desire to work cooperatively to provide excellent governmental services to their common constituents; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. Approving the intergovernmental agreement between the Town of Marana, Northwest Fire District and Marana Unified School District No. 6 attached to this resolution as Exhibit A, and authorizing the Mayor to execute it for and on behalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of this resolution. Marana Regular Town Council Meeting March 15, 2022 Page 84 of 234 Resolution No. 2022-022 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 85 of 234 Exhibit A to Resolution No. 2022-022 00079580.DOC /2 INTERGOVERNMENTAL AGREEMENT AMONG TOWN OF MARANA, NORTHWEST FIRE DISTRICT, and MARANA UNIFIED SCHOOL DISTRICT NO. 6 FOR DEVELOPMENT REVIEW AND INSPECTION, FACILITY USE, AND GENERAL COOPERATION This intergovernmental agreement (“Agreement”) is entered into by and among TOWN OF MARANA, an Arizona municipal corporation (“Town”), MARANA UNIFIED SCHOOL DISTRICT NO. 6, a political subdivision of the state of Arizona (“School District”), and NORTHWEST FIRE DISTRICT, an Arizona special taxing district (“Fire District”). Town, School District and Fire District are sometimes collectively referred to as the “Parties,” each of which is sometimes individually referred to as a “Party.” I. Recitals A. Town, School District and Fire District may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952. B. The School District and Fire District are authorized by A.R.S. § 15-342 (13) and A.R.S. § 48-805 (B) (17) (a), respectively, to enter into intergovernmental agreements and contracts with other governing bodies as provided in A.R.S. § 11-952. C. Town and School District are authorized by A.R.S. § 15-364 to expend public monies and enter into agreements with each other for the operation and joint use of recreational facilities on properties used for school purposes under the control of the School District. D. School District is authorized by A.R.S. § 15-363 to contract with Town to operate school buildings and grounds for the purpose of providing a public play and recreation center and may organize and conduct such recreation activities which contribute to the physical, mental and moral welfare of youths residing in the vicinity. E. Town, School District and Fire District serve citizens and further the public interest by permitting common use of their facilities, personnel, equipment and services in order to minimize expense to their common citizens, improve service delivery and provide enhanced resources to the community for the benefit of their common citizens. F. Municipalities, school districts and special taxing districts may enter into agreements to establish responsibilities relating to the review of development plans, issuance of various permits and construction of new facilities. G. It is the desire of the Parties hereto that Town and Fire District permit and inspect the construction of new school, municipal and fire facilities and the remodeling of existing facilities within the geographic limits of Town. H. Town, School District and Fire District desire to establish the responsibilities of all Parties in the development review process. Marana Regular Town Council Meeting March 15, 2022 Page 86 of 234 Exhibit A to Resolution No. 2022-022 00079580.DOC /2 I. School District provides Town use of School District facilities at little or no charge as a benefit to the community and the Town determines it is in the public interest to consider the benefit of such use in the imposition of fees by Town for development review and inspection of new school facilities and remodeling of existing facilities. J. Fire District provides Town use of development review and inspection staff at little or no charge as a benefit to the community and Town determines it is in the public interest to consider the benefit of such use in the imposition of fees by Town for development review and inspection of new fire facilities and remodeling of existing facilities. K. It is the desire of the Parties, recognizing that they serve the same citizens, that they cooperate by charging each other only for those legally mandated costs and those direct, out-of-pocket expenses while otherwise allowing Town, School District and Fire District use of each other’s facilities at no charge. II. Definitions A. “Mandatory Charge” means a Town impact fee or charge not prohibited by A.R.S. § 9-500.18 which the Town, by statute, contract, bond indenture, or code is required to charge. B. “Out-of-Pocket Costs” shall include those direct costs incurred by Town, School District or Fire District over and above normal operating costs budgeted for and expended by each Party. The intent of this definition is to reimburse only those additional direct costs each Party incurs from providing services or facilities to the other. Examples of such costs would include: (1) The cost to one Party for custodial time related directly to services provided for the needs of another Party. (2) The cost to one Party for contracting out expedited services related to the construction projects of another Party. (3) The cost of utilities incurred by one Party outside normal use that is directly related to services of another Party. Such utility costs shall not be considered “Out-of-Pocket Costs” as long as they remain approximately equal to the value of in-kind services provided by the Parties to each other pursuant to this Agreement. If at some point in the future the Parties agree that the cost of utilities under this subparagraph exceeds the value of the in-kind services, then the Parties shall determine mutually acceptable utility costs. (4) The labor and equipment cost to one Party to repair damages to facilities related directly to services provided for the needs of another Party. Marana Regular Town Council Meeting March 15, 2022 Page 87 of 234 Exhibit A to Resolution No. 2022-022 00079580.DOC /2 III. Covenants A. Town’s Obligations: Town recognizes that prompt development review and inspection services assist School District and Fire District in performing their constitutionally and statutorily mandated duties. The Town agrees to: (1) Provide all building, mechanical, electrical, plumbing, and Americans with Disabilities Act related inspections, review and permitting services to School District and Fire District to enable compliance with the provisions of A.R.S. § 34-461. (2) Provide development plan review and land use review services to School District and Fire District to enable compliance with the provisions of the Town’s general plan, land development code, and related land use ordinances, including landscaping and onsite parking requirements. Town, in providing such review, shall recognize School District’s and Fire District’s obligations under the Constitution of the State of Arizona to provide services to all residents within their respective boundaries and shall not apply its land development code, site plan requirements and related land use ordinances in such a manner that would interfere with School District’s or Fire District’s responsibilities to meet their respective constitutional mandates. Town shall require that School District submit development plans for review, but shall also recognize that School District is not required to obtain Town approval for the location of schools and other facilities or the size, configuration, or shape of School District buildings. (3) Provide administrative plan review and engineering review services to School District and Fire District for offsite improvements consisting of streets, drainage, right-of- way and traffic control to comply with the provisions of Town’s development codes and infrastructure guidelines. (4) Provide administrative utility plans review services to School District and Fire District to enable compliance with Title 14 of the Marana Town Code. Town services shall consist of reviewing School District’s and Fire District’s respective connections from their meters to Town’s utility lines and the construction of all offsite utility lines required to provide utility services consisting of Water to School District and Fire District facilities. (5) Provide administrative utility plan review services to School District and Fire District to enable compliance with Town standards. Town services shall consist of reviewing School District’s and Fire District’s respective construction of all offsite utility lines required to provide wastewater utility services consisting of wastewater to School District and Fire District facilities. (6) Charge School District and Fire District no fees or assessments related to building development and cooperate with School District and Fire District in permitting use of Town facilities and services, as determined by Town, to the extent legally permissible at no cost other than Mandatory Charges as set forth in this Agreement and direct Out-of-Pocket Costs incurred by Town. School District and Fire District recognize Marana Regular Town Council Meeting March 15, 2022 Page 88 of 234 Exhibit A to Resolution No. 2022-022 00079580.DOC /2 that Town may have certain facilities that may have limited use due to Town’s governmental functions and responsibilities. (a) In consideration of School District’s and Fire District’s obligations under the terms of this Agreement, Town shall charge the School District and Fire District only the following Mandatory Charges: (i) Administrative utility plans review, connection, inspection, and any other utility-related applicable development fees. (ii) Any development-related fee that the Town charges that is pursuant to an intergovernmental agreement between the Town and a third political subdivision or party. (iii) Any development-related fees charged to Town by consulting or contracted reviewers relating to plans submitted to Town by Fire District or School District. Town shall have discretion as to which plans are reviewed by consulting or contracted reviewers. (iv) Any applicable impact fees. (b) The Mandatory Charges may be modified by Town from time to time upon notice to School District and Fire District in the manner required for the amendment of development fees by Town pursuant to A.R.S. § 9-463.05. Such modified fees shall not be applicable to any project on file with Town on the date that the new fees become effective. For purposes of this provision, “project” means a development application submitted by School District or Fire District to Town proposing to construct a new facility or to remodel an existing facility. (c) The Mandatory Charges expressly do not include any of the following charges: (i) Building permit fees (ii) Plan review fees, except as specified in § III(A)(6) of this Agreement (iii) Grading/drainage inspection/permit fees (iv) Off-site improvement permit fees (v) Conditional Use Permit application fees (vi) Site Plan application fees (vii) Right-of-way review/permit fees (7) Waive facility rent for School District and Fire District use of Town facilities pursuant to a schedule formulated annually. In all cases, Town’s own use of its facilities shall take precedence. (8) Permit School District and Fire District to use, at no charge, Town’s buildings and facilities as determined by Town, subject to Town Council’s adopted policies and use guidelines and in accordance with the terms of specific permits and agreements between School District or Fire District and Town for the use of the buildings and facilities. School District and Fire District recognize that Town may limit use of sites due to need or function. Marana Regular Town Council Meeting March 15, 2022 Page 89 of 234 Exhibit A to Resolution No. 2022-022 00079580.DOC /2 (a) Town shall be solely responsible for all repair and maintenance of Town facilities. School District, Fire District and Town agree that the decisions on maintenance and repair of Town facilities are non-delegable decisions of the Town. However, School District and Fire District shall be responsible for the costs of any repairs that are necessary and directly attributable to their respective uses of Town facilities. (b) School District and Fire District shall be responsible for the costs of utility, janitorial, and security services at Town facilities where the need for such services is directly attributable to respective uses by School District and Fire District. (9) Pay School District or Fire District all Out-of-Pocket Costs incurred by School District or Fire District, respectively, in the performance of this Agreement which are properly billed to Town. B. School District’s Obligations: School District recognizes that use of its buildings and facilities for Town and Fire District programs and services benefits the entire community. The School District agrees to: (1) Comply with the provisions of Town’s general plan but shall be exempt from Town’s zoning ordinance and related development ordinances, unless State statute or regulation has preempted Town’s review, and shall ensure that its construction meets minimum code standards. (2) Submit, for review by Town, development plans for construction or renovation of School District facilities. (3) Comply with the provisions of Town’s building codes, engineering and plan review codes, infrastructure guidelines, utility codes and development rules and/or the terms of this Agreement, in the same manner as any private party, subject to the preemption of Town’s review by State statute or regulation. (4) Comply with any additional development provisions enacted by Fire District, including but not limited to: fire codes, engineering and plan review codes, infrastructure guidelines, utility codes and development rules and/or the terms of this Agreement, in the same manner as any private party, subject to the preemption of Fire District’s review by State statute or regulation. (5) Pay Mandatory Charges imposed by Town and Fire District for performance of the services under the Town Obligations and Fire District Obligations sections of this Agreement. In exchange for Town’s and Fire District’s waivers of all other charges imposed by Town and Fire District for all related and expansion fees under Town Obligations and Fire District Obligations sections of this Agreement, School District shall waive facility rent for Town and Fire District use of School District facilities pursuant to a schedule formulated annually. In all cases, School District’s own use of its facilities shall take precedence. Marana Regular Town Council Meeting March 15, 2022 Page 90 of 234 Exhibit A to Resolution No. 2022-022 00079580.DOC /2 (6) Permit Town and Fire District to use at no charge School District’s buildings and facilities as determined by School District, subject to School District Governing Board’s adopted policies and use guidelines and in accordance with the terms of specific permits and agreements between Town, Fire District and School District for the use of the buildings and facilities. Town and Fire District recognize that School District may limit use of sites due to school overcrowding, need or function. (a) This permission shall specifically include certain outdoor School District facilities, including tracks, courts and athletic fields. (b) School District buildings and facilities shall be available for use by Town and Fire District throughout the calendar year. (c) School District shall be solely responsible for all repair and maintenance of School District facilities. School District, Fire District and Town agree that the decisions on maintenance and repair of School District facilities are non-delegable decisions of School District. However, Town and Fire District shall be responsible for the costs of any repairs that are necessary and directly attributable to their respective uses of School District facilities. (d) Town and Fire District shall be responsible for the costs of utility, janitorial, and security services at School District facilities where the need for such services is directly attributable to respective uses by Town and Fire District. C. Fire District’s Obligations: Fire District recognizes that prompt development review and inspection services assist School District and Town in performing their constitutionally and statutorily mandated duties. Fire District agrees to: (1) Provide all appropriate fire prevention, mechanical, electrical, plumbing, engineering, infrastructure, utility and development inspections, review and permitting services to School District and Town to enable compliance with the provisions of A.R.S. § 34-461. (2) Provide administrative site plan review services to School District and Town to enable compliance with the provisions of the Town’s fire code and related codes and ordinances. Fire District, in providing such review, shall recognize School District’s and Town’s obligations under the Constitution of the State of Arizona to provide services to all residents within their respective boundaries and shall apply the fire code and related codes and ordinances to ensure the minimum fire safety requirements for new and existing buildings, facilities, storage and processes are in compliance in accordance with the fire code and local amendments. (3) Provide at least one qualified employee to Town for on-site plan review, consultation with Town staff, Town pre-application meetings and other such activities relating to development, as requested by the Town. Town shall provide the Fire District employee with a work station and supplies at the Marana Municipal Complex, 11555 West Civic Center Drive, Marana, Arizona, 85653. Marana Regular Town Council Meeting March 15, 2022 Page 91 of 234 Exhibit A to Resolution No. 2022-022 00079580.DOC /2 (4) Charge School District and Town no fees or assessments related to building development and cooperate with School District and Town in permitting use of Fire District facilities and services, as determined by Fire District, to the extent legally permissible at no cost other than Mandatory Charges as set forth in this Agreement and direct Out-of-Pocket Costs incurred by Fire District. School District and Town recognize that Fire District may have certain facilities that may have limited use due to Fire District’s governmental functions and responsibilities. (a) In consideration of School District’s and Town’s obligations under the terms of this Agreement, Fire District shall charge School District and Town only the following Mandatory Charges: (i) Any development-related fee that Fire District charges that is pursuant to an intergovernmental agreement between the Fire District and a third political subdivision or party. (ii) Any development-related fees charged to Fire District by consulting or contracted reviewers relating to plans submitted to Fire District by Town or School District. Fire District shall have discretion as to which plans are reviewed by consulting or contracted reviewers. (b) The Mandatory Charges may be modified by Fire District from time to time upon notice to the School District and Town and upon adoption and/or amendment of a fee schedule in the manner required by A.R.S. § 48-805. Such modified fees shall not be applicable to any project on file with the Fire District or Town on the date that the new fees become effective. For purposes of this provision, “project” means a development application submitted by School District or Town to Fire District proposing to construct a new facility or to remodel an existing facility. (c) The Mandatory Charges expressly do not include any of the following charges: (i) Permit fees (ii) Inspection fees (iii) Plan review fees, except as specified in § III(C)(4) of this Agreement (iv) Plan or submittal application fees (5) Waive facility rent for School District and Town use of Fire District facilities pursuant to a schedule formulated annually. In all cases, Fire District’s own use of its facilities shall take precedence. (6) Permit School District and Town to use, at no charge, Fire District’s buildings and facilities as determined by Fire District, subject to Fire District Governing Board’s adopted policies and use guidelines and in accordance with the terms of specific permits and agreements between School District or Town and Fire District for the use of the buildings and facilities. School District and Town recognize that Fire District may limit use of sites due to need or function. Marana Regular Town Council Meeting March 15, 2022 Page 92 of 234 Exhibit A to Resolution No. 2022-022 00079580.DOC /2 (a) Fire District shall be solely responsible for all repair and maintenance of Fire District facilities. School District, Fire District and Town agree that the decisions on maintenance and repair of Fire District facilities are non-delegable decisions of Fire District. However, School District and Town shall be responsible for the costs of any repairs that are necessary and directly attributable to their respective uses of Fire District facilities. (b) School District and Town shall be responsible for the costs of utility, janitorial, and security services at Fire District facilities where the need for such services is directly attributable to respective uses by School District and Town. (7) Pay School District or Town all Out-of-Pocket Costs incurred by School District or Town, respectively, in the performance of this Agreement which are properly billed to Fire District. D. Priority Use of Facilities: School District, Fire District and Town shall work cooperatively to reserve facilities. All Parties agree that each Party will have priority use of its own facilities. Second priority in the use of facilities will be all Town programs approved by the School District which are part of Town’s Parks and Recreation programming. Third priority in the use of facilities will be all Town, School District or Fire District programs which are not a part of Town’s Parks and Recreation programming. Town, School District and Fire District will make requests for facility use at least two weeks before the date the facility is needed. E. Cash Handling: Town is authorized on behalf of the Fire District to collect and remit payment for services rendered by Fire District for development review, inspection and permitting. Town shall remit all payment collected on behalf of Fire District to Fire District no later than the 15th day of the month following the month in which payment was collected. F. Mobile Stage: Fire District and School District are permitted to use the Town’s mobile stage at no cost within their respective district corporate boundaries. IV. Notices Notices required or permitted hereunder shall be given in writing and personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier service, addressed as follows: To School District:District Superintendent Marana Unified School District No. 6 11279 West Grier Road Marana, Arizona 85653 With a Copy To:Lisa Anne Smith, Esq. Deconcini, McDonald, Yetwin & Lacy, P.C. 2525 East Broadway Road, Suite 200 Tucson, Arizona 85716 Marana Regular Town Council Meeting March 15, 2022 Page 93 of 234 Exhibit A to Resolution No. 2022-022 00079580.DOC /2 To Fire District:Fire Chief Northwest Fire District 5225 West Massingale Road Tucson, Arizona 85743 With a Copy To:Thomas Benavidez, Esq. Benavidez Law Group, P.C. 7400 North Oracle Road, Suite 143 Tucson, Arizona 85704 To Town:Town Manager Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 With a Copy To:Town Attorney Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Or at any other address designated by School District, Fire District or Town in writing. V. Term A. This Agreement is effective March 18, 2022, and shall continue in effect for four years, unless sooner terminated by any Party. Any Party may terminate its participation in this Agreement upon 60 days written notice to all Parties. B. On or before the anniversary date of this Agreement, on an annual basis, the District Superintendent or his/her designee, Fire Chief or his/her designee and the Town Manager or his/her designee may meet and confer in good faith on the operation of the Agreement and suggest changes, if necessary, for consideration by the governing bodies of School District, Fire District and Town. VI. Insurance and Indemnification A. The Parties agree that they shall maintain for the duration of this Agreement policies of public liability insurance sufficient to cover all of their obligations undertaken in the implementation of this Agreement. B. School District, Fire District and Town shall secure and maintain property insurance coverage protecting their personal property against all risk of physical damage loss for their full replacement cost. School District, Fire District and Town shall obtain similar coverage for any personal property they maintain at each other’s facilities pursuant to this Agreement. Unless one of the Parties’ personal property is damaged by the actions of another of the Parties or its agents or invitees, School District, Fire District and Town agree to rely on their respective property insurance coverage for all other personal property damages. Marana Regular Town Council Meeting March 15, 2022 Page 94 of 234 Exhibit A to Resolution No. 2022-022 00079580.DOC /2 C. For purposes of Workers' Compensation, an employee of a Party to this Agreement who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of, another Party pursuant to this specific Agreement, is deemed to be an employee of both Parties, as provided in A.R.S. § 23-1022(D). The primary employer of such employee shall be solely liable for payment of Workers' Compensation benefits for the purposes of this paragraph. Each Party shall comply with the notice provisions of A.R.S. § 23-1022(E). D. To the fullest extent permitted by law, each Party (as “Indemnitor”) agrees to indemnify, defend and hold harmless the other Parties, its officers, officials, employees, agents, volunteers, successors, and assigns (as “Indemnitees”) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney fees), hereinafter collectively referred to as “claims,” arising out of bodily injury to any person (including death) or property damage, but only to the extent that such claims which result in liability to the Indemnitees, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers, successor, or assigns, provided, however, that the Indemnitor shall have no obligation to indemnify the Indemnitee for the Indemnitee's passive negligence. VII. Cancellation for Conflict This Agreement is subject to cancellation in certain conflict of interest situations pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein. VIII. Governing Law A. This Agreement shall be construed and governed in accordance with the laws of the State of Arizona. B. During the performance of this Agreement, Town, School District and Fire District agree to comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, nondiscrimination and affirmative action. IX. Remedy A. All Parties agree to use good faith efforts to informally resolve disputes arising out of this Agreement. B. Any Party may pursue any remedies provided by law for breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. X. Waiver Waiver by any Party of any breach of any term, covenant or condition herein shall not be deemed a waiver of any other term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. Marana Regular Town Council Meeting March 15, 2022 Page 95 of 234 Exhibit A to Resolution No. 2022-022 00079580.DOC /2 XI. Force Majeure A Party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term “uncontrollable forces” shall mean, for the purpose of this Agreement, any cause beyond the control of the Party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the Parties, order of any government officer or court (excluding orders promulgated by the Parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such Party could not reasonably have been expected to avoid. Any Party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. XII. Miscellaneous Provisions A. Amendments to this Agreement shall be in writing, signed by all Parties to the Agreement. Formal amendments shall not be needed to notify Parties of address changes, changes in position titles, etc. Such information may be provided via correspondence between the Parties. B. This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations or agreements, either written or oral. C. If any provision of this Agreement is declared invalid or unenforceable, the remainder shall continue in full force and effect. D. The Parties warrant that they comply with all federal immigration laws and regulations that relate to their employees and that they comply with A.R.S. § 23-214(A). The Parties acknowledge that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that each of the other Parties retains the legal right to inspect the papers of any employee who works on the Agreement to ensure compliance with this warranty. E. This Agreement shall supersede any prior intergovernmental agreements, memoranda of understanding or other agreements that two or more of the Parties have entered into to the extent that the provisions of those prior agreements are in conflict with the provisions of this Agreement. This Agreement shall not supersede any prior intergovernmental agreements, memoranda of understanding or other agreements that two or more of the Parties have entered into that are not in conflict with this Agreement. F. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall operate or be interpreted to expand, increase or extend the jurisdiction of any of the Parties beyond the jurisdiction granted by applicable Arizona law. Marana Regular Town Council Meeting March 15, 2022 Page 96 of 234 Exhibit A to Resolution No. 2022-022 00079580.DOC /2 G.This Agreement may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same Agreement. H. The Parties certify, pursuant to A.R.S. 35-393.01, that they will not engage in a boycott of Israel. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. The“TOWN”: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Cherry Lawson, Town Clerk The “FIRE DISTRICT”: NORTHWEST FIRE DISTRICT.,an Arizona special taxing district By: George Carter, Board Chairman Date: ATTEST: Peg Green, Board Clerk The “SCHOOL DISTRICT”: MARANA UNIFIED SCHOOL DISTRICT NO.6,an Arizona political subdivision By: Dr. Maribel Lopez, Board President Date: ATTEST: Brenda Drury, Board Recorder Marana Regular Town Council Meeting March 15, 2022 Page 97 of 234 Exhibit A to Resolution No. 2022-022 00079580.DOC /2 INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Agreement by and between the Town of Marana, Marana Unified School District No. 6 and Northwest Fire District has been reviewed pursuant to A.R.S. § 11-952 by the undersigned who have determined, for their respective clients,that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Town of Marana: Jane Fairall, Town Attorney Date Marana Unified School District No. 6: John C. Richardson, Attorney for the District Date Northwest Fire District: Thomas Benavidez, Attorney for the District Date Marana Regular Town Council Meeting March 15, 2022 Page 98 of 234 Council-Regular Meeting C9 Meeting Date:03/15/2022 To:Mayor and Council Submitted For:David Udall, Assistant Town Attorney From:Cherry L. Lawson, Town Clerk Date:March 15, 2022 Strategic Plan Focus Area: Community Subject:Resolution No. 2022-023: Relating to Elections; approving and authorizing the Mayor to sign an intergovernmental agreement between the Town of Marana and Pima County, on behalf of the Pima County Elections Department, for election services (David L. Udall) Discussion: The Town of Marana has historically contracted with Pima County for election services for the Town's primary, general, and special elections. The proposed IGA will continue that relationship, with a term expiring on December 31, 2025. As part of the agreement, the Elections Department will provide the Town with, among other things, the following: Election services as requested by the Town Clerk at the applicable cost set forth in Pima County Fee Ordinance 2018-20, a copy of which is included in Exhibit A to the resolution accompanying this agenda item; camera-ready ballot formats, including Spanish translations; and security at polling locations in accordance with Pima County's Elections Security Plan. Financial Impact: Fiscal Year: 2022 Budgeted Y/N: Y Amount: $50,000 Marana Regular Town Council Meeting March 15, 2022 Page 99 of 234 Town Staff includes budget appropriations in annual Town Clerk budgets for the purpose of covering election costs, including costs related to this agreement. Staff Recommendation: Staff recommends approval of the election services IGA. Suggested Motion: I move to adopt Resolution No. 2022-023, approving and authorizing the Mayor to sign an intergovernmental agreement between the Town of Marana and Pima County, on behalf of the Pima County Elections Department, for election services. Attachments Resolution No. 2022-023 Exhibit A to Resolution No. 2022-023 Marana Regular Town Council Meeting March 15, 2022 Page 100 of 234 00079781.DOCX /1 Resolution No. 2022-023 MARANA RESOLUTION NO. 2022-023 RELATING TO ELECTIONS; APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY, ON BEHALF OF THE PIMA COUNTY ELECTIONS DEPARTMENT, FOR ELECTION SERVICES WHEREAS Pima County has a comprehensive voting system and certified election officials; and WHEREAS the Town seeks Pima County’s assistance in preparing for and conducting the Town’s primary, general, and special elections; and WHEREAS Pima County, through its Elections Department, is willing to provide election services to the Town based on the terms set forth in the intergovernmental agreement for election services, which is the subject of this resolution; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Intergovernmental Agreement for Election Services Among the Town of Marana and Pima County, substantially in the same form attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana, and the Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 101 of 234 $PRQJWKH7RZQRI0DUDQDDQG3LPD&RXQW\ 7KLV,QWHUJRYHUQPHQWDO$JUHHPHQW ,*$ LVE\DQGDPRQJ72:12)0$5$1$2)3,0$&2817< $5,=21$DPXQLFLSDOVXEGLYLVLRQRIWKH6WDWHRI$UL]RQD ³WKH7RZQ´ DQG3,0$&2817<DSROLWLFDO VXEGLYLVLRQRIWKH6WDWHRI$UL]RQD ³WKH&RXQW\´ RQEHKDOIRIWKH3,0$&2817<(/(&7,216 '(3$570(17 WKH³(OHFWLRQV'HSDUWPHQW´ :+(5($6WKH&RXQW\RI3LPDKDVDFRPSUHKHQVLYHYRWLQJV\VWHPDQGFHUWLILHGHOHFWLRQVRIILFLDOV DQG :+(5($6WKH7RZQRI0DUDQDDQ$UL]RQDSROLWLFDOVXEGLYLVLRQSXUVXDQWWR$56 $ VHHNV 3LPD&RXQW\¶VDVVLVWDQFHLQWKHSUHSDUDWLRQDQGFRQGXFWRIWKH7RZQ¶VSULPDU\HOHFWLRQVJHQHUDOHOHFWLRQV DQGVSHFLDOHOHFWLRQV 12:7+(5()25(,7,6$*5(('E\DQGEHWZHHQWKH&RXQW\RQEHKDOIRILWV(OHFWLRQV'HSDUWPHQW DQGWKH7RZQSXUVXDQWWR$56 & DQG DVIROORZV )&%$'7KH SXUSRVH RI WKLV ,*$ LV WR SURYLGH HOHFWLRQ VHUYLFHV WR WKH7RZQ IRU WKH 7RZQ¶VSULPDU\HOHFWLRQVJHQHUDOHOHFWLRQVDQGVSHFLDOHOHFWLRQV $)#(,! ( $#'&RXQW\VKDOO $ 3URYLGHHOHFWLRQVHUYLFHVDVUHTXHVWHGE\WKH7RZQ&OHUNDWWKHDSSOLFDEOHFRVWVHWIRUWKLQ 3LPD&RXQW\)HH2UGLQDQFHZKLFKLVDWWDFKHGKHUHWRDV([KLELW$RUVXEVHTXHQW RUGLQDQFHVDPHQGLQJWKH3LPD&RXQW\(OHFWLRQ¶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xhibit A to Resolution No. 2022-023 Marana Regular Town Council Meeting March 15, 2022 Page 102 of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¶VIHHV KHUHLQDIWHUFROOHFWLYHO\UHIHUUHGWRDV³FODLPV´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xhibit A to Resolution No. 2022-023 Marana Regular Town Council Meeting March 15, 2022 Page 103 of 234 EURXJKWLQDQ$UL]RQDFRXUWLQ3LPD&RXQW\$Q\FKDQJHVLQWKHJRYHUQLQJODZVUXOHVDQG UHJXODWLRQVGXULQJWKHWHUPVRIWKLV,*$VKDOODSSO\EXWGRQRWUHTXLUHDQDPHQGPHQW $# '& " #( $#1HLWKHUSDUW\ZLOOGLVFULPLQDWHDJDLQVWWKHRWKHUSDUW\¶VHPSOR\HHFOLHQWRU DQ\RWKHULQGLYLGXDOLQDQ\ZD\LQYROYHGZLWKWKHRWKHUSDUW\EHFDXVHRIWKDWSHUVRQ¶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¶V&RPSHQVDWLRQEHQHILWV RURWKHUIULQJHEHQHILWVRIVDLGHPSOR\HHV $ $ #(#()&,WLVQRWLQWHQGHGE\WKLV,*$WRDQGQRWKLQJFRQWDLQHGLQWKLV,*$VKDOOEH FRQVWUXHGWRFUHDWHDQ\SDUWQHUVKLSMRLQWYHQWXUHRUHPSOR\PHQWUHODWLRQVKLSEHWZHHQWKHSDUWLHV RU FUHDWH DQ\ HPSOR\HUHPSOR\HH UHODWLRQVKLS EHWZHHQ &RXQW\ DQG DQ\ 7RZQ HPSOR\HHV RU EHWZHHQWKH7RZQDQGDQ\&RXQW\HPSOR\HHV1HLWKHUSDUW\VKDOOEHOLDEOHIRUDQ\GHEWVDFFRXQWV REOLJDWLRQVQRURWKHUOLDELOLWLHVZKDWVRHYHURIWKHRWKHUSDUW\LQFOXGLQJ ZLWKRXWOLPLWDWLRQ DQ\ RWKHUSDUW\¶VREOLJDWLRQWRZLWKKROG6RFLDO6HFXULW\DQGLQFRPHWD[HVIRULWVHOIRUDQ\RILWV HPSOR\HHV $ &&(,# & '1RWKLQJLQWKHSURYLVLRQVRIWKLV,*$LVLQWHQGHGWRFUHDWHGXWLHV RUREOLJDWLRQVWRRUULJKWVLQWKLUGSDUWLHVQRWSDUWLHVWRWKLV,*$RUWRDIIHFWWKHOHJDOOLDELOLW\RI DQ\SDUW\WRWKH,*$E\LPSRVLQJDQ\VWDQGDUGRIFDUHGLIIHUHQWIURPWKHVWDQGDUGRIFDUHLPSRVHG E\ODZ Exhibit A to Resolution No. 2022-023 Marana Regular Town Council Meeting March 15, 2022 Page 104 of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xhibit A to Resolution No. 2022-023 Marana Regular Town Council Meeting March 15, 2022 Page 105 of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¶FRPSHQVDWLRQFRYHUDJHLQFOXGLQJHPSOR\HHV¶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xhibit A to Resolution No. 2022-023 Marana Regular Town Council Meeting March 15, 2022 Page 106 of 234 7KHIRUHJRLQJ,QWHUJRYHUQPHQWDO$JUHHPHQWEHWZHHQWKH7RZQRI0DUDQDDQG3LPD&RXQW\KDVEHHQ UHYLHZHGSXUVXDQWWR$56 E\WKHXQGHUVLJQHGZKRKDYHGHWHUPLQHGWKDWLWLVLQWKHSURSHUIRUP DQGLVZLWKLQWKHSRZHUVDQGDXWKRULW\JUDQWHGXQGHUWKHODZVRIWKH6WDWHRI$UL]RQDWRWKRVHSDUWLHVWRWKH ,QWHUJRYHUQPHQWDO$JUHHPHQWUHSUHVHQWHGE\WKHXQGHUVLJQHG 3,0$&2817< 72:12)0$5$1$ 'HSXW\&RXQW\$WWRUQH\'DWH -DQH)DLUDOO7RZQ$WWRUQH\ 'DWH Exhibit A to Resolution No. 2022-023 Marana Regular Town Council Meeting March 15, 2022 Page 107 of 234 (;,%,7$IHHVFKHGXOHIRU,*$ VDSSURYHGFRS\ EXIBIT A PIMA COUNTY FEE SCHEDULE APPROVED JUNE 19, 2018 LEVEL 1. FULL SERVICE ELECTION 1. Salaries/Benefits: Permanent Employees: Total hourly rate for all Permanent Employees x the total number of hours = total cost. The total cost x 1.1011 = The Total Adjusted Cost. Total Adjusted Cost divided by the total number of registered voters for all jurisdictions = unit price. Unit price x total number of registered voters for each jurisdiction = total salaries and benefits per jurisdiction. Temporary Employees: Total hourly rate for all Temporary Employees hired to work elections x total number of hours (regular & overtime @ time and one-half) = total cost. Total cost x 1.1011 = Total Adjusted Cost. Total Adjusted Cost divided by total number of registered voters for all jurisdictions = unit price. Unit price x total number of registered voters for each jurisdiction = total Temporary Employee cost. Poll Worker pay: Actual cost unless there is more than one election within a precinct. If more than one election is being held within a precinct, the formula is as follows: Total cost divided by the total number of registered voters for all jurisdictions = unit price. Unit price x the total number of registered voters in each jurisdiction = total cost per jurisdiction. There are 8 Poll Workers per board in each precinct. x Inspector: $200.00 x Judge of the Opposite Party: $170.00 x Judge of the Same Party: $155.00 x Marshal: $155.00 x Clerks: $155.00 each (4 clerks per polling place) Special training for certain or all Poll Workers may be necessary for training on new equipment, new legislation, new procedures, etc. - $50 per Poll Worker per day of training. Law enforcement (Used at the discretion of the Pima County Election’s Director): Actual cost. Technical Support Team – Actual Cost. Audit Board pay: Audit Board members will receive $75 per election. Auditors pay: Auditors (County employees) will receive $200 per election. Page of 6 Exhibit A to Resolution No. 2022-023 Marana Regular Town Council Meeting March 15, 2022 Page 108 of 234 (;,%,7$IHHVFKHGXOHIRU,*$ VDSSURYHGFRS\ Page of 6 Receiving Board Members: Receiving Board Members will receive $120 per election. Inspection Board Members: Inspection Board Members will receive $160 per election. Logic and Accuracy Certification Board pay: Logic and Accuracy Certification Board members will receive $150.00 for their service in the conduct of the logic and accuracy test(s) and an additional $150.00 for their service on Election Day and post-Election Day. Overtime: Total number of overtime hours worked at time and one-half. Total cost of overtime divided by the total number of registered voters in all jurisdictions = unit price. Unit price x total number of registered voters in each jurisdiction = total cost per jurisdiction. 2. Early Ballot & Provisional Ballot Processing expenses: This cost will be implemented for any election with a combined total of 50,000 or more registered voters. This cost will be implemented at the discretion of the Pima County Elections Department. 1 – $75.00 minimum fee for 1 – 200 Early Ballots and Provisional Ballots. 2 – Over 200 Early Ballots and Provisional Ballots – the cost is $.50 per ballot. 3. Ballot Printing: Actual cost (includes Early Ballots and Election Day Ballots). 4. Advertising: Actual cost if County submits the advertisement. 5. TSX Programing: Actual Cost 6. Professional Services: Postage: Actual cost. Printing: Actual cost. Sort, label & mail: Actual cost. Translations: Actual cost. 7. Computer: Total number of hours x $65.00 = total cost of counting ballots (this includes Early Ballots, Election Day Ballot results and Provisional Ballots). Total cost divided by the total number of ballots cast for all jurisdictions = unit price. Unit price x total number of ballots cast for each jurisdiction = total cost per jurisdiction. Exhibit A to Resolution No. 2022-023 Marana Regular Town Council Meeting March 15, 2022 Page 109 of 234 (;,%,7$IHHVFKHGXOHIRU,*$ VDSSURYHG Page of 6 8. Building Rental: Actual cost of polling place and class instruction facilities. 9. Precinct package preparation fee: $300 per package x total number of voting areas per jurisdiction. (Package includes supply box, Touch Screen and ballot box.) 10. Other: Voting Booth Rental: $10.00 per booth. Handicapped Booth: $12.00 per booth. Miscellaneous charges: Other charge(s) incurred related to the conduct of the election. Charges may include cost of mileage, vehicle rental, photocopies, maps, cellular phone call charges, etc. 11. Replacement Costs: Actual cost. Exhibit A to Resolution No. 2022-023 Marana Regular Town Council Meeting March 15, 2022 Page 110 of 234 (;,%,7$IHHVFKHGXOHIRU,*$ VDSSURYHG LEVEL 2. CONSOLIDATED ELECTIONS Any jurisdiction may choose to have its election combined with any countywide election. A fee of 75 cents* per registered voter will apply. The seventy-five cent fee covers the following services: x Poll Worker recruitment, training and service x Polling Place acquisition and use x Sample Ballot printing and postage x Translation services x Early and Provisional Ballot processing x All supplies x Supply delivery and pickup x Law Enforcement x Technical Support x Election night processing and tabulation If an election is held during a countywide Primary Election, the jurisdiction will pay actual cost of additional ballots needed. Any additional services requested by the jurisdiction are provided on actual cost basis. *Any jurisdiction that has 300 or less registered voters will not be charged the fee for a consolidated election. If a water district that has 300 or less registered voters chooses to have a property owner ballot, the district will pay the 75-cent fee plus the actual additional charges incurred with property owner ballots. Page 4 of 6 Exhibit A to Resolution No. 2022-023 Marana Regular Town Council Meeting March 15, 2022 Page 111 of 234 LEVEL 3. NON-GOVERNMENTAL ELECTIONS A non-governmental organization may have assistance from the Pima County Elections Department in conducting an election. A flat fee of $1,200 will apply. The Pima County Elections Department may provide services for Student Body Elections at no charge. The $1,200 covers the following services: Ballot Layout: The organization must provide the Pima County Elections Department with ballot language no later than 45 days prior to the election. If the ballot language is not provided within 45 days, the Pima County Elections Department will not do the ballot layout. The organization is responsible for printing ballots. The Pima County Elections Department will provide a suggested printing company’s name, telephone number and address at the request of the organization. Sample Ballot & Publicity Pamphlet: The jurisdiction is responsible for preparing and printing any sample ballot or publicity pamphlet. Poll Worker Acquisition & Training: The Pima County Elections Department will not recruit Poll Workers, nor will they staff a polling place. The Pima County Elections Department will train Poll Workers, at the request of the organization. The Pima County Elections Department will supply lists of Poll Workers in the area at the request of the organization. The jurisdiction is responsible for acquiring a facility for Poll Worker training. Ballot Tabulation: The Pima County Elections Department will provide ballot tabulation during normal business hours at the Pima County Elections Department Office. Tabulation must be completed by the close of business. Polling Place Facilities: The jurisdiction is responsible for acquiring the facility for voting on Election Day. This includes setup and cleanup of facility. Non-Governmental Elections will not include Touch Screen Voting Devices. Page 5 of 6 (;,%,7$IHHVFKHGXOHIRU,*$ VDSSURYHG Exhibit A to Resolution No. 2022-023 Marana Regular Town Council Meeting March 15, 2022 Page 112 of 234 PRICE LIST MAPS: Maps printed by an outside printer will be sold at actual cost. PHOTO COPIES: Photo copies are $.35 per page. If a document is two-sided and copies are two- sided, the cost is $.35 per side. RESEARCH FEES: A research fee will be assessed at the price of $25.00 per hour (one-hour minimum) for any information more than two calendar years old. ELECTION RESULTS: Election results are available on electronic media and are $10.00 per device. Page 6 of 6 (;,%,7$IHHVFKHGXOHIRU,*$ VDSSURYHG Exhibit A to Resolution No. 2022-023 Marana Regular Town Council Meeting March 15, 2022 Page 113 of 234 Council-Regular Meeting C10 Meeting Date:03/15/2022 To:Mayor and Council From:David Udall, Assistant Town Attorney Date:March 15, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-024: Relating to Utilities; approving and authorizing the Mayor to sign the First Amendment to Town of Marana Agreement for Construction of Water Facilities Under Private Contract between the Town and Mandarina Holdings, LLC (David L. Udall) Discussion: On February 2, 2021, the Marana Town Council adopted Resolution No. 2021-011, approving and authorizing the Mayor to sign a water infrastructure construction agreement for Mandarina offsite water pursuant to section 14-4-3 of the Marana Town Code (the Original Agreement). Under the Original Agreement, the developer is required to construct certain water infrastructure improvements in accordance with the required plans, specifications, and materials outlined in the Water Plan for Mandarina Offsite Public 16" Water (the Facility Plan). The developer is currently in the process of completing the construction work for the water infrastructure and has run into technical difficulties related to underground boring work needed to run a water line and casing underneath I-10 and the railroad north of the Tangerine Road from the east side of I-10 to the west side. As the developer bored underneath I-10 from the east, the boring equipment was not able to reach far enough and stopped west of the railroad. To solve the problem, the developer has proposed to start a second bore from the west side of I-10 and meet the current bore in the middle. The allowable offset of the casing proposed by the contractor and its engineer is larger than what is allowed by the Marana Regular Town Council Meeting March 15, 2022 Page 114 of 234 engineering standards generally utilized in the region. As a result, the developer has requested a modification to the Water Department's engineering standards and the Facility Plan. After careful review, the Water Department is willing to allow for the requested modification in exchange for an amendment to the Original Agreement that provides for a warranty guaranteeing the construction work for two years instead of one. The developer is willing to enter into an amended agreement for this purpose in exchange for the modification. Because the developer was desirous to continue construction activities without delay, and because the Original Agreement may only be amended upon approval by the Marana Town Council, the developer and the Town entered into an interim agreement on February 28, 2022 allowing the developer to proceed with construction activities involving the modification at its own risk, pending approval of this amendment to the Original Agreement. For reference, a copy of the interim agreement is included in the backup materials accompanying this agenda item. If approved, this resolution will allow the Mayor to sign the first amendment to the Original Agreement, which amends the definition of the Facility Plan to include the requested modification and extends the warranty on the construction work from one year to two years. All other terms of the original agreement will remain the same. Staff Recommendation: Staff recommends adoption of Resolution No. 2022-024, approving and authorizing the Mayor to sign the First Amendment to Town of Marana Agreement for Construction of Water Facilities Under Private Contract between the Town and Mandarina Holdings, LLC. Suggested Motion: I move to adopt Resolution No. 2022-024, approving and authorizing the Mayor to sign the First Amendment to Town of Marana Agreement for Construction of Water Facilities Under Private Contract between the Town and Mandarina Holdings, LLC. Attachments Resolution No. 2022-024 Exhibit A to Resolution No. 2022-024 Interim Agreement Marana Regular Town Council Meeting March 15, 2022 Page 115 of 234 00079809.DOCX /1 1 Resolution No. 2022-024 MARANA RESOLUTION NO. 2022-024 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIRST AMENDMENT TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT BETWEEN THE TOWN AND MANDARINA HOLDINGS, LLC WHEREAS on February 2, 2021, the Marana Town Council adopted Resolution No. 2021-011, approving and authorizing the Mayor to sign Town of Marana Agreement for Construction of Water Facilities Under Private Contract, recorded in the Office of the Pima County Recorder on February 5, 2021 at Sequence No. 20210360145 (the Original Agreement); and WHEREAS pursuant to the Original Agreement, Mandarina Holdings, LLC (the Developer) is required to construct certain water infrastructure improvements in accordance with the required plans, specifications, and materials outlined in the Water Plan for Mandarina Offsite Public 16" Water (the Facility Plan); and WHEREAS the Developer hasexperienced technical difficulties in its efforts to complete the construction work and, as a result, has requested a modification to the Town of Marana Water Department’s engineering standards and to the Facility Plan; and WHEREAS the Town is willing to allow for the requested modification in exchange for an extension of the warranty guaranteeing the construction work; and WHEREAS the amendment to the Original Agreement that is the subject of this resolution amends the Original Agreement to include the requested modification in the definition of “Facility Plan” (as defined in the Original Agreement) andextends the warranty guaranteeing the construction work from one year to two years; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the First Amendment to Town of Marana Agreement for Construction of Water Facilities Under Private Contract, substantially in the same form attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana, and the Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. Marana Regular Town Council Meeting March 15, 2022 Page 116 of 234 00079809.DOCX /1 2 Resolution No. 2022-024 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 117 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 118 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 119 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 120 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 121 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 122 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 123 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 124 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 125 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 126 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 127 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 128 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 129 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 130 of 234 Exhibit A to Resolution No. 2022-024 Marana Regular Town Council Meeting March 15, 2022 Page 131 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 132 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 133 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 134 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 135 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 136 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 137 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 138 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 139 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 140 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 141 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 142 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 143 of 234 Marana Regular Town Council Meeting March 15, 2022 Page 144 of 234 Council-Regular Meeting C11 Meeting Date:03/15/2022 To:Mayor and Council Submitted For:Jason Angell, Development Services Director From:Gus Myers, Development Engineering Manager Date:March 15, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-025: Relating to Development; approving a release of assurances for Gladden Farms Block 26 Lots 1 through 96 and accepting public improvements for maintenance (Jason Angell) Discussion: Gladden Farms Block 26 consists of lots 1 through 96 and is located west of Mike Etter Boulevard and south of Moore Road. The final plat was recorded in the Office of the Pima County Recorder on November 9, 2017 at Sequence No. 20173130070. The Town has a substitute third party trust assurance agreement assuring the completion of improvements needed to serve the subdivision. The subdivider has completed the improvements serving Gladden Farms Block 26 acceptable to town standards in accordance with the assurance agreement, including public infrastructure, which includes streets, a potable water system, and a sanitary sewer system. If adopted, this resolution will release the Gladden Farms Block 26 assurances and accept the streets, potable water system, and sanitary sewer system for maintenance. Staff Recommendation: Marana Regular Town Council Meeting March 15, 2022 Page 145 of 234 Staff recommends approval of Resolution No. 2022-025, approving a release of assurances for Gladden Farms Block 26 Lots 1 through 96 and accepting public improvements for maintenance. Suggested Motion: I move to adopt Resolution No. 2022-025, approving a release of assurances for Gladden Farms Block 26 Lots 1 through 96 and accepting public improvements for maintenance. Attachments Resolution No. 2022-025 Location Map Marana Regular Town Council Meeting March 15, 2022 Page 146 of 234 Resolution No. 2020-025 -1 -04/13/2020 MARANA RESOLUTION NO. 2022-025 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR GLADDEN FARMS BLOCK 26 LOTS 1 THROUGH 96 AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS the final plat for “Gladden Farms Block 26 Lots 1–96, Block A & Common Areas: ‘A-1’–‘A-4’ (Landscape/Public and Private Utilities) ‘B-1’–‘B-5’ (Landscape/Drainage/Public and Private Utilities/Recreation)” was recorded in the Pima County Recorder’s Office on November 9, 2017 at Sequence 20173130070; and WHEREAS the Town has a substitute third party trust assurance agreement (the “Assurance Agreement”) with Pulte Home Company (the “Subdivider”) and Landmark Title Assurance Agency , under Trust No. 18300-T, recorded in the Pima County Recorder’s office on August 7, 2020 at Sequence 20202200129, assuring the completion of public improvements for Gladden Farms Block 26; and WHEREAS the Subdivider has completed the public improvements for Gladden Farms Block 26 acceptable to Town standards in accordance with the Assurance Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1.The Assurance Agreement is hereby released. Section 2.The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 0.70 miles of the following paved streets as shown on the plat of Gladden Farms Block 26: x Wildrose Drive x Denton Way x Whitton Street x Claxton Drive x Packard Way Section 3.The Town accepts for maintenance the potable water system serving Gladden Farms Block 26, consisting of approximately 3,790 linear feet of potable water line, water meters, valves, fire hydrants and appurtenances with an estimated value of $350,120. Section 4.The Town accepts for maintenance the sanitary sewer system serving Gladden Farms Block 26, consisting of approximately 3,380 linear feet of conveyance system and appurtenances with an estimated value of $408,585. Marana Regular Town Council Meeting March 15, 2022 Page 147 of 234 Resolution No. 2020-025 -2 -04/13/2020 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 148 of 234 LOCATION MAPMarana Regular Town Council Meeting March 15, 2022Page 149 of 234 Council-Regular Meeting C12 Meeting Date:03/15/2022 To:Mayor and Council Submitted For:Jason Angell, Development Services Director From:Gus Myers, Development Engineering Manager Date:March 15, 2022 Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area Additional Info: Subject:Resolution No. 2022-026: Relating to Development; approving a release of assurances for Gladden Farms Block 27 Phase 1 Lots 1 through 81 and accepting public improvements for maintenance (Jason Angell) Discussion: Gladden Farms Block 27 Phase 1 consists of lots 1 through 81 and common areas "A-1"-"A-12" and "B-1"-"B-4" and is located east of Mike Etter Boulevard and south of Moore Road. The final plat was recorded on February 5, 2021 at Sequence No. 20210360143. The Town has a third party trust assurance agreement assuring the completion of the improvements needed to serve the subdivision. The subdivision has completed the improvements serving Gladden Farms Block 27 Phase 1 acceptable to town standards in accordance with the assurance agreement, including public infrastructure which includes streets and water and sewer utilities. If approved, this resolution will release the Gladden Farms Block 27 Phase 1 assurances and accept the roadways and water and sewer utilities for maintenance. Marana Regular Town Council Meeting March 15, 2022 Page 150 of 234 This resolution will release lots 1 through 81 and all common areas. The infrastructure to be accepted includes streets, water and sewer utilities. Staff Recommendation: Staff recommends approval of Resolution No. 2022-026, approving a release of assurances for Gladden Farms Block 27 Phase 1 and accepting the roadways and water and sewer utilities for maintenance. Suggested Motion: I move to approve Resolution 2022-026, approving a release of assurances for Gladden Farms Block 27 Phase 1 Lots 1-81 and accepting public improvements for maintenance. Attachments Resolution No. 2022-026 Location Map Marana Regular Town Council Meeting March 15, 2022 Page 151 of 234 Resolution No. 2020-026 -1 -04/13/2020 MARANA RESOLUTION NO. 2022-026 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR GLADDEN FARMS BLOCK 27 PHASE 1 LOTS 1 THROUGH 81 AND ACCEPTINGPUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS the final plat for “Gladden Farms Block 27 Phase 1 Lots 1–81, Block A & Common Areas: ‘A-1’–‘A-12’ (Landscape, Utilities, Drainage and Grading) ‘B-1’–‘B-4’ (Recreation, Landscape, Utilities, Drainage and Grading )” was recorded in the Pima County Recorder’s Office on 5 February 2021 at Sequence 20210360143; and WHEREAS the Town has a third party trust assurance agreement (the “Assurance Agreement”) with Meritage Homes of Arizona (the “Subdivider”) and Title Security Agency , under Trust No. 202061-S, recorded in the Pima County Recorder’s office on 5 February 2021 at Sequence 20210360144, assuring the completion of public improvements for Gladden Farms Block 27 Phase 1; and WHEREAS the Subdivider has completed the public improvements for Gladden Farms Block 27 Phase 1 acceptable to Town standards in accordance with the Assurance Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1.The Assurance Agreement is hereby released. Section 2.The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 0.64 miles of the following paved streets as shown on the plat of Gladden Farms Block 27 Phase 1: x Gibbs Avenue x Watkins Avenue x Avery Avenue x Embrey Drive x Harrigan Street Section 3.The Town accepts for maintenance the potable water system serving Gladden Farms Block 27 Phase 1, consisting of approximately 3,300 linear feet of potable water line, water meters, valves, fire hydrants and appurtenances with an estimated value of $332,200. Section 4.The Town accepts for maintenance the sanitary sewer system serving Gladden Farms Block 27 Phase 1, consisting of approximately 2,860 linear feet of conveyance system and appurtenances with an estimated value of $355,925. Marana Regular Town Council Meeting March 15, 2022 Page 152 of 234 Resolution No. 2020-026 -2 -04/13/2020 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 153 of 234 REVIEWED FOR CODECOMPLIANCE10/19/2020 - cteresiNo. ENG2008-006 ApprovedLocation MapMarana Regular Town Council Meeting March 15, 2022Page 154 of 234 Council-Regular Meeting C13 Meeting Date:03/15/2022 To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:March 15, 2022 Subject:Approval of the Regular Council Meeting Summary Minutes of February 15, 2022 (Cherry L. Lawson) Attachments Regular Council Meeting Summary Minutes, 02/15/2022 Marana Regular Town Council Meeting March 15, 2022 Page 155 of 234 Regular Council Meeting Summary Minutes February 15, 2022 Page |1 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 15, 2022, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:00 PM and directed the Clerk to call the roll. Mayor Honea, Vice Mayor Post, Council Members: Jackie Craig, Patti Comerford, Roxanne Ziegler, John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE:Led by Mayor Honea. APPROVAL OF AGENDA Council Member Comerford moved and Vice Mayor Post second the motion approving the agenda as presented. Motion passes unanimously, 7-0. CALL TO THE PUBLIC PROCLAMATIONS Marana Regular Town Council Meeting March 15, 2022 Page 156 of 234 Regular Council Meeting Summary Minutes February 15, 2022 Page |2 PR1 Proclamation declaring March 4, 2022 as, "St. Baldrick's Day in Marana" (Cherry L. Lawson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea stated that he and Council Member Officer attended the ribbon cutting of the Deseret Industries on Orange Grove and Thornydale. The Thrift Store is open to all members of the public. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Terry Rozema reported on the following: x The Marana Health Care Benefits Trust Board met last night and with recommendations from Town staff, and our Benefits Consultant, the Board indicated that the Town’s reserves are so healthy that adopted a 0% premium increase on the medical plans and a 5% premium decrease on the dental plans for FY23. The Board has also adopted a dental premium holiday to be effective for eight pay periods (four months)to be implemented as determined by Town staff starting in March. x The El Rio Preserve was not filled with water as Town staff had expected to occur on Valentine’s Day. The Town has rescheduled it to February 28. x Council Retreat Meeting is scheduled for March 9th, 10th, and 11th, and will be held in Phoenix at the Wigwam Resort. x Parks and Recreation Department has putting on a monthly event called, “Concert in the Courtyard” over the several months throughout the spring. The first concert is Thursday, February 17 at 5 p.m. Food trucks and vendors will also be in the courtyard. x Assistant to the Town Manager, Andrea Caicedo was introduced. PRESENTATIONS P1 Relating to Strategic Planning; presentation introducing CREA Affiliates, LCC who will develop Marana Strategic Plan V and outlining the planning process and timeline (Terry Rozema) Communication Manager Vic Hathaway formally introduced Ms. Caicedo and provided an introduction of CREA Affiliates LLC and its purpose to assist the Town in reviewing and developing the fifth edition of the strategic plan. Marana Regular Town Council Meeting March 15, 2022 Page 157 of 234 Regular Council Meeting Summary Minutes February 15, 2022 Page |3 P2 Relating to Budget; presentation of second quarter results (July-December) for the Town's General Fund and other selected major funds for the 2021-2022 fiscal year (Yiannis Kalaitzidis) Finance Director Yiannis Kalaitzidis provided an overview of the second quarter results for the Town of Marana General Fund and other selected funds for the 2021-2022 fiscal year.(A copy of the presentation is on file in the Town Clerk’s Office for review as well as the video is available on the Town’s website for viewing at www.maranaaz.gov.) CONSENT AGENDA C1 Ordinance No. 2022.002: Relating to Finance; Exempting the Nighthawk- 72 Marana Marine Corps League Detachment 1344 from the Special Event Permit fee for the annual Nighthawk-72 Memorial Service (David L. Udall) C2 Resolution No. 2022-012: Relating to Development; approving a Release of Assurances for a portion of Lazy K Bar Ranch and accepting public improvements for maintenance (Jason Angell) C3 Resolution No. 2022-013: Relating to Development; approving a release of assurances for Gladden Farms Block 30 Lots 1 through 136 and accepting public improvements for maintenance (Jason Angell) C4 Approval of the Council Regular Meeting Summary Minutes of February 1, 2022 (Cherry L. Lawson) Council Member Ziegler moved and Vice Mayor Post second the motion approving the Consent Agenda as presented. Motion passes unanimously, 7-0. LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for an Owner Transfer of a Series #07 Beer and Wine Bar liquor license submitted by Ryan Witner Anderson on behalf of Peter Piper Pizza #1211, located at 3741 West Ina Road Suite 125, Tucson, AZ 85741 (Cherry L. Lawson) Town Clerk Cherry Lawson provided an overview of this item, and informed the Council that there is an error on the Local Government Body Recommendation form that indicates that this is for a Series #6, when in effect it is a Series #7. She asked for Council approval to submit the application to the Arizona Department of Liquor Licenses and Control for an Owner Transfer of a Series #07 Beer and Wine Bar liquor license submitted Marana Regular Town Council Meeting March 15, 2022 Page 158 of 234 Regular Council Meeting Summary Minutes February 15, 2022 Page |4 by Ryan Witner Anderson on behalf of Peter Piper Pizza #1211, located at 3741 West Ina Road Suite 125, Tucson, AZ 85741. Council Member Ziegler moved and Council Member Kai second the motion to adopt and submit to the DLLC an order recommending approval of an application for an Owner Transfer of a Series #07 Beer and Wine Bar liquor license submitted by Ryan Witner Anderson on behalf of Peter Piper Pizza #1211, located at 3741 West Ina Road Suite 125, Tucson, AZ 85741. Motion passes unanimously, 7-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 Resolution No. 2022-014: Relating to Utilities; Authorizing Town staff to apply for a Drinking Water Revolving Fund loan from the Water Infrastructure Finance Authority of Arizona (WIFA) to fund construction costs for the Marana Park Reservoir Project (WT046) (Jing Luo) Deputy Water Director Stephen Dean provided an overview of the item stating one of the projects that he wanted to discuss with Council is the Marana Park Reservoir. It is needed to accommodate new growth at projected growth in north Marana. As of this day, the Water Department has realized 100% of design that has been funded by the Water Impact Fees. Town staff is proposing that the Town continue to move forward with this project. The construction part will be approximately $3.5M; and the Impact Fees will fund $2.5 M for this purpose. In order to expedite this project, Town staff is recommending that Council provide that staff move forward on a WIFA Loan for $1M to make up the difference. That, approximately 50% of the WIFA Loan will be forgivable at $512,000. Vice Mayor Post moved and Council Member Kai second the motion to adopt Resolution No. 2022-014, authorizing Town staff to apply for a Drinking Water Revolving Fund loan from the Water Infrastructure Finance Authority of Arizona (WIFA) to fund construction costs for the Marana Park Reservoir Project (WT046). Motion passes unanimously, 7-0. A2 Resolution No. 2022-015: Relating to Budget; authorizing the transfer of $71,145 and $262,050, respectively, in budgeted expense authority from the General Fund contingency line item to the Water CIP budget in the fiscal year 2022 budget for the design of the Tangerine Business Park Well No. 2 Project and for the design of the Honea East Reservoir and Well Upgrade Project (Jing Luo) Water Director Jing Luo provided an overview of the item stating the budget for fiscal year was adopted on June 15, 2021. The Council approved several Water Capital Improvement Projects that was funded by rates and impact fees. Town staff will propose a number of Capital Improvement Projects in the next fiscal year budget; however, the Marana Regular Town Council Meeting March 15, 2022 Page 159 of 234 Regular Council Meeting Summary Minutes February 15, 2022 Page |5 pace of development has increased significantly—especially in north Marana requiring certain water infrastructure projects to be built expeditiously before new developments can be connected to Marana’s water systems. Ms. Luo stated Town staff is seeking opportunities to expedite the following two projects. She provided and overview of the two projects: Honea East Reservoir & Well Upgrade in north Marana and the second project is Tangerine Business Park Well No. 2. In order to accommodate the rapid growth in the service area, staff believes it is in the best interest of the town to design this project during the current fiscal year. The construction can be completed in the next fiscal year. If Council approved, the water rate revenues will fund the projects. Town staff request Council’s approval to transfer a total of $333,000 in budget expenditure authority to the corresponding projects. Budget authority would be assigned to the Water Capital Fund until such time that the Water Infrastructure and Improvement Plan is approved. Council Member Craig asked for additional details as to how the last project would be funded by water rate increases. Ms. Luo replied stating the Town does have an existing well currently on-site, and it is underperforming. It only produces at 55 gallon per minute; the pumping rate is 55, that is, much lower than the Town anticipated in this area is. This is due to the well not being properly developed at that time. The Town looks to improve the level of service in the existing system. Council Member Craig asked who will pay the rates, and whether it is an increase for all users.Ms. Luo replied stating yes that the rate is collected for the entire service area. Deputy Town Manager Erik Montague added for clarification, that the Council has already approved a multi-year rate plan. Incorporated within that rate plan, the Town has set what the rate are, known, and determined. The overall cost of this project is anticipated to be paid for by the existing rate plan study, and not an additional rate increase. Council Member Craig stated the Town has an additional project that it did not plan for and the rates are not being increased. Mr. Montague replied stating that is correct. Within the overall rate plan and rate analysis, there are a number of projects identified to replace and address existing capital. The Town project and provide an overall estimate of what the capacity is based on actual rate revenues, and actual rate revenues are believed to be able to cover the projects. Council Member Kai asked for clarification of the Tangerine Business Park Well No. 2 project asking whether a new well will be drilled in the same area to supply the 100- gallon water tank. He asked where the new supply is coming from with this new design. Ms. Luo replied stating the Town has hired a consulting firm where they will look at the site, as the Town has much real estate for that property. Town staff generally believe that Marana Regular Town Council Meeting March 15, 2022 Page 160 of 234 Regular Council Meeting Summary Minutes February 15, 2022 Page |6 the new well site will be on the same property and same parcel, but approximately 100 ft. away from the existing site. Mayor Honea inquired about the Honea East Well stating Town staff is looking at a million gallon storage in that area. Ms. Luo replied affirming Mayor Honea’s inquiry. She stated the draft infrastructure improvement plan referenced an 800,000-gallon reservoir. Mayor Honea expressed some concern, as it is not a big site to place a large gallon on that site. Ms. Luo stated Town staff did visit the site, and that the Town owns another parcel adjacent to the existing water well site. The Town does plan to incorporate the nearby parcel, as staff believes it would be enough space to have reservoir. Council Member Comerford moved and Council Member Kai second the motion to adopt Resolution No. 2022-015, authorizing the transfer of $71,145 and $262,050, respectively, in budgeted expense authority from the General Fund contingency line item to the Water CIP budget in the fiscal year 2022 budget for the design of the Tangerine Business Park Well No. 2 Project and for the design of the Honea East Reservoir and Well Upgrade Project. Motion passes, 6-1 (Vice Mayor Post). ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Ordinance No. 2022.003: Relating to Land Development; revising Marana Town Code Title 17 (Land Development), Chapter 17-2 (Administrative Bodies and Officers), Section 17-2-2 (Board of adjustment) to provide that the members of the Town Council [or alternatively, the Planning Commission] shall serve as the Marana Board of Adjustment; dissolving the sitting Board of Adjustment; and designating an effective date (Jane Fairall) Town Attorney Jane Fairall provided an overview of the item state law require an every municipality to have a Board of Adjustment to hear variances and to hear appeals of Zoning Administrators of interpretation of code. Town staff has brought this item forward to discuss the possibility of eliminating the separate Board of adjustment that Marana has had since 2000. The Council established in 2003, but officially in place in 2004. Council could either appointment council itself to serve as the Board of Adjustment, or the other suggestion was to appoint the Planning Commission to serve in that capacity. The reason that this item is on the agenda is that in 18 years, the Board has only heard cases 14 times. The last meeting that the board had was in 2017 and nine of the meetings were held for training on Open Meeting Law, Public Records Law or other rules conducted by former Town Attorney Frank Cassidy.The Board has not met in some time, nor had reason to meet. There are four vacancies on the Board at the end of this month. Marana Regular Town Council Meeting March 15, 2022 Page 161 of 234 Regular Council Meeting Summary Minutes February 15, 2022 Page |7 Ms. Fairall explained to Council that if it appoint itself, or the Planning Commission, the Board of Adjustment is a quasi-judicial board. It is like a judge hearing a case in court. Council or the Planning Commission will only hear what is presented. At the Council meeting, or the Commission meeting or Commissioners in this case, if there was an appeal or a variance request, you have to put on your blinders and not talk to anybody and just decide based on the evidence that is presented at the hearing. Another issue is that by law, the decisions of the Board of Adjustment is somebody appeals that that goes to the Superior Court as a special action. If the Council is serving as the Board of Adjustment, then the Council can decide how much we want to fight this in court. If not, the Council has officially no say in the matter. The Council would have to intervene as a as a separate party between you and whoever it is that seeking the variance or the appeal and the Board of Adjustment, and the Council comes in as a third party intervening on behalf of the town. Mayor Honea asked if a project came through that even the Planning Commission and the Town Council does not approve a request, they could appeal to the Board of Adjustment.Ms. Fairall replied stating what they can take to the Board of Adjustment is an interpretation. Then appeal the interpretation that the Planning Administrator makes of the Code. That is what can be appealed to the Board of Adjustment. They could take a variance request to the Board of Adjustment, not an appeal from the Town Council. Vice Mayor Post asked whether there would be any special training for those serving on the Planning Commission, if the Town appointed them to serve as the Board of Adjustment. Ms. Fairall replied stating she would recommend that the Town provide training to members on the Planning Commission. Vice Mayor Post, moved and Council Member Kai second the motion to appoint the Planning Commission as the Board of Adjustment. Mayor Honea requested a roll call vote of the Council. Ayes: Vice Mayor Post, Council Members Comerford, Kai, and Officer. Nays: Mayor Honea, Council Members Ziegler, and Craig. Motion passes, 4-3. D2 Relating to Budget; discussion, direction, and possible action regarding development of the fiscal year 2022/2023 budget, including proposed budget initiatives and expenditures (Terry Rozema) Council Member Ziegler inquired as to the employee’s use of the Tuition Reimbursement benefit for higher education. Marana Regular Town Council Meeting March 15, 2022 Page 162 of 234 Regular Council Meeting Summary Minutes February 15, 2022 Page |8 D3 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema) Mr. Rozema provided an update to the Bills before the legislature, and members of the Council commented on Bills that are of concern to Arizona communities. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post, moved and Council Member Kai second the motion to adjourn the meeting. Motion passes unanimously, 7-0. Meeting adjourned at 6:48 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on February 15, 2022. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Marana Regular Town Council Meeting March 15, 2022 Page 163 of 234 Council-Regular Meeting A1 Meeting Date:03/15/2022 To:Mayor and Council From:Steven Cheslak, Principal Planner Date:March 15, 2022 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2022.006: Relating to Development; adopting revisions to Title 17 “Land Development” of the Marana Town Code, including miscellaneous revisions to Section 17-3-1 (Amendment and rezoning), Chapter 17-4 “Zoning,” Section 17-11-7 (Landscape requirements), Chapter 17-15 “Floodplain and Erosion Hazard Management Code”, and Chapter 17-16 “Stormwater Management”; revising Chapter 17-6 “General Development Regulations” to add new section 17-6-10 (Height of buildings and structures); revising Chapter 17-14 “Hillside Development” to add new section 17-14-5 (Average cross slope calculations); and making other various revisions to Title 17 of the Marana Town Code; and designating an effective date (Steve Cheslak) Resolution No. 2022-027: Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2022.006, revisions to Title 17 “Land Development” of the Marana Town Code, including miscellaneous revisions to Section 17-3-1 (Amendment and rezoning), Chapter 17-4 “Zoning,” Section 17-11-7 (Landscape requirements), Chapter 17-15 “Floodplain and Erosion Hazard Management Code”, and Chapter 17-16 “Stormwater Sanagement”; revising Chapter 17-6 “General Development Regulations” to add new Section 17-6-10 (Height of buildings and structures); revising Chapter 17-14 “Hillside Development” to add new Section 17-14-5 (Average cross slope calculations); and making other various revisions to Title 17 of the Marana Town Code (Steve Cheslak) Discussion: Marana Regular Town Council Meeting March 15, 2022 Page 164 of 234 REQUEST Staff is requesting the approval of amendments to various chapters of Title 17 "Land Development" of the Marana Town Code. The proposed changes include the following: miscellaneous revisions to Section 17-3-1 (Amendment and rezoning), Chapter 17-4 “Zoning,” Section 17-11-7 (Landscape requirements), Chapter 17-15 “Floodplain and Erosion Hazard Management Code”, and Chapter 17-16 “Stormwater Management”; revisions to Chapter 17-6 “General Development Regulations” to add new section 17-6-10 (Height of buildings and structures); revisions to Chapter 17-14 “Hillside Development” to add new section 17-14-5 (Average cross slope calculations); and other various revisions to Title 17 of the Marana Town Code. OVERVIEW In June of 2021, the Town Council adopted Ordinance 2021.010, enacting comprehensive revisions to the Land Development Code and the final migration of the old Land Development Code to Title 17 of the Town Code. The proposed changes consist largely of minor revisions to improve the processes and procedures relating to development, corrections related to misstated or omitted provisions, and other miscellaneous clean-up. Included within the packet are the proposed ordinance revisions, as well a copy of the new stormwater management enforcement response plan (ERP) which will be adopted as a part of the ordinance and as required by ADEQ. UPDATE HIGHLIGHTS The list below highlights and describes many of the proposed amendments. Chapter 17-3 "Administration and Enforcement" 17-3-1 B. Rezoning The criteria for determining whether a site analysis is required or not for a rezoning has been modified to eliminate acreage requirements and focus on the use of the property. Chapter 17-4 “Zoning” 17-4-2 Use Matrix Table 2 The Land Use Matrix table 2 has been modified for clarity to include existing language, found elsewhere in the Code, stating outdoor storage of stock-in-trade goods is allowed in commercial zoning. 17-4-17 through 19 Zone A, B, C The creation of the Legacy zones and the elimination of the Significant Land Use Change (SLUC) option inadvertently reduced the land use options and regulation of uses available to existing land owners in these zones. The Agricultural zone uses and corresponding conditions will be applicable in the A, B, and C Legacy zones as long as the use is consistent with the General Plan. It should be noted that when this item was presented to the Planning Commission on February 23, 2022, the draft revisions would have alos allowed agricultural uses in Zone E – transportation corridor zone. However, staff has since determined that those uses are not appropriate in Zone E. Chapter 17-6 “General Development Regulations” Marana Regular Town Council Meeting March 15, 2022 Page 165 of 234 17-6-10 Height of buildings and structures This entire section was adopted by the Town Council on October 16, 2018 by Ordinance # 2018.019 as a revision to the existing Code. Setback allowances were modified and additional height was allowed for ornamental elements of buildings. In an oversight by staff, this ordinance language was never incorporated in the working draft of the 2021 comprehensive Land Development Code update and did not become a part of Town Code Title 17. This action reinstates the previously adopted language into the Code. Chapter 17-11 “Environmental Resource Preservation, Native Plant Protection, and Landscape Requirements” 17-11-7 F.4. Landscape buffer matrix For ease of use and clarity, the existing tables are broken down further into three tables with minor revisions. 17-11-10 Maintenance & 17-11-13 Assurances These two sections have been updated and realigned to reflect current Town practices after revisions to grading requirements in Chapter 17-13 Standards for Grading and Related Site Work went into effect in 2021. Chapter 17-14 “Hillside Development” 17-14-5 (Average cross slope calculations) The addition of this section provides clarity for calculating cross slopes and the ability to set aside natural areas in the calculation of the average cross slope of a residential site. Chapter 17-15 “Floodplain and Erosion Hazard Management Code The Floodplain code update is a result of the most recent audit from the Arizona Department of Emergency Management to keep consistent with their model ordinance language. There are no substantive changes to the document. Chapter 17-16 “Stormwater Management” This chapter was revised to reflect new requirements for stormwater pollution prevention enforcement from the Arizona Department of Environmental Quality (ADEQ). These requirements are part of the Town’s Municipal Separate Storm Sewer System permit from ADEQ which was revised in September of 2021. Included within the agenda packet is a copy of the new stormwater management enforcement response plan (ERP) which will be adopted as a part of the ordinance and as required by ADEQ. Staff Recommendation: Staff recommends adoption of Ordinance No. 2022.006 and Resolution No. 2022-027, approving amendments to various chapters of Title 17 "Land Development" of the Marana Town Code Planning Commission Recommendation The Planning Commission heard the request for the proposed amendments on February 23, 2022. By a vote of 7-0, the Planning Commission voted to recommend approval of the proposed Town Code amendments to the Town Council. Marana Regular Town Council Meeting March 15, 2022 Page 166 of 234 Suggested Motion: I move to adopt Ordinance 2022.006, adopting the amendments to various chapters of Title 17 "Land Development" of the Marana Town Code, and Resolution 2022-027 declaring the amendments a public record. Attachments Ordinance No. 2022.006 Resolution No. 2022-027 Exhibit A - LDC Revisions Stormwater Management Enforcement Response Plan Marana Regular Town Council Meeting March 15, 2022 Page 167 of 234 00079833.DOCX /1 Ordinance No. 2021.XXX -1 - MARANA ORDINANCE NO. 2022.006 RELATING TO DEVELOPMENT; ADOPTING REVISIONS TO TITLE 17 “LAND DEVELOPMENT” OF THE MARANA TOWN CODE, INCLUDING MISCELLANEOUS REVISIONS TO SECTION 17-3-1 (AMENDMENT AND REZONING), CHAPTER 17-4 “ZONING,” SECTION 17-11-7 (LANDSCAPE REQUIREMENTS), CHAPTER 17-15 “FLOODPLAIN AND EROSION HAZARD MANAGEMENT CODE”, AND CHAPTER 17-16 “STORMWATER MANAGEMENT”; REVISING CHAPTER 17-6 “GENERAL DEVELOPMENT REGULATIONS” TO ADD NEW SECTION 17-6-10 (HEIGHT OF BUILDINGS AND STRUCTURES); REVISING CHAPTER 17-14 “HILLSIDE DEVELOPMENT” TO ADD NEW SECTION 17-14-5 (AVERAGE CROSS SLOPE CALCULATIONS); AND MAKING OTHER VARIOUS REVISIONS TO TITLE 17 OF THE MARANA TOWN CODE; AND DESIGNATING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The revisions to Title 17 “Land Development” of the Marana Town Code, including miscellaneous revisions to Section 17-3-1 (Amendment and rezoning), Chapter 17-4 “Zoning,” Section 17-11-7 (Landscape requirements), Chapter 17-15 “Floodplain and Erosion Hazard Management Code”, and Chapter 17-16 “Stormwater Management”; revisions to Chapter 17-6 “General Development Regulations” to add new section 17-6-10 (Height of buildings and structures); revisions to Chapter 17-14 “Hillside Development” to add new section 17-14-5 (Average cross slope calculations); and other various revisions to Title 17 of the Marana Town Code, one paper copy and one electronic copy of which are on file in the office of the Town Clerk, which were made a public record by and attached as Exhibit A to Resolution No. 2022-027 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. The following penalty clauses are included in Marana Town Code Title 17 (Land Development) as adopted pursuant to this ordinance: 17-15-7 Abatement of violations A. Within 30 days of discovery of a violation of this chapter, the floodplain administrator shall submit a report to the floodplain board which shall include all information available to the floodplain administrator which is Marana Regular Town Council Meeting March 15, 2022 Page 168 of 234 00079833.DOCX /1 Ordinance No. 2022.006 -2 - pertinent to the violation. Within 30 days of receipt of this report, the floodplain board shall do one of the following: 1. Take any necessary action to effect the abatement of such violation. 2. Issue a floodplain variance to this chapter in accordance with the provisions of section 17-15-11. 3. Order the owner of the property upon which the violation exists to provide whatever additional information may be required for their determination. Such information must be provided to the floodplain administrator within 30 days of such order and the floodplain administrator shall submit an amended report to the floodplain board within 20 days. At the next regularly scheduled public meeting, the floodplain board shall either order the abatement of said violation or they shall grant a floodplain variance in accordance with the provisions of section 17-15-11. 4. For FEMA regulated special flood hazard areas, submit to FEMA a declaration for denial of insurance, stating that the property is in violation of a cited state or local law, regulation or ordinance, pursuant to section 1316 of the national flood insurance act of 1968 as amended. B. The town may withhold the issuance of permits, including building permits, native plant permits and grading permits, for the development or improvement on the parcel or any contiguous parcel of land under the same ownership. 17-16-3 Compliance monitoring A. Inspections [no penalty clauses] B. Enforcement and penalties 1. When inspections by town staff reveal deficiencies in the implementation of the SWPPP, a written inspection report will be provided to the owner and operator within 30 days of the inspection. 2. Charges or penalties levied pursuant to this chapter shall be collected and utilized for public education and outreach in compliance with the town’s MS4 permit. 3. Operator and/or owner of record. The operator performing activities and/or owner of record of the property upon which a violation of this chapter occurs shall be presumed to be a person having lawful control over the activity or premises unless it is demonstrated and documented that another person has knowingly and in good faith accepted responsibility for the activity at issue. If more than one person is identified as the owner, such persons shall be presumed to be jointly and severally in lawful possession and control of the activity or premises. 4. Notice to correct. The town may issue a written notice to correct to any person who has violated or is in violation of this chapter. Failure to comply Marana Regular Town Council Meeting March 15, 2022 Page 169 of 234 00079833.DOCX /1 Ordinance No. 2022.006 -3 - with any act required in the notice to correct may result in a notice of violation and/or stop work order. 5. Notice of violation. The town may issue a written notice of violation to any person who has violated or is in violation of this chapter. Failure to comply with any act required in the notice of violation shall be a separate violation for each day beyond the third calendar day following the notice of violation. Nothing in this section shall limit the authority of the town to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. In appropriate situations the town may notify the person orally either in person or by telephone prior to written notification. 6. Consent orders. The town may enter into consent orders, assurances of voluntary compliance, negotiated settlement agreements, or other similar documents establishing an agreement with any person responsible for noncompliance. Such documents will include specific action to be taken by the person to correct the noncompliance within a time period specified by the document, including an identification and description of the best management practices and measures to utilize in implementing the order. Such documents shall have the same force and effect as any other orders issued under this chapter and shall be judicially enforceable. 7. Stop work order. For projects under construction in the town, if the town finds that a person has violated, or continues to violate, any provision of this chapter or any related laws or regulations, or that the person’s past violations are likely to recur, the town may issue a stop work order to the person directing them to cease and desist all such violations and direct the person to immediately comply with all requirements; and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation. Issuance of a stop work order shall not be a bar against, or a prerequisite for, taking any other action against the person. A person’s failure to comply with an order issued pursuant to this chapter shall constitute a violation of this chapter. 8. Civil penalties. A person who violates any requirement of this chapter shall be civilly liable to the town for a sum not to exceed $2,500 per day for each violation. 9. Criminal penalties. A person who willfully or negligently violates any provision of this chapter, or any related laws or regulations shall, upon conviction, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $2,500 per day for each violation and/or by imprisonment for a period not to exceed six months. 10. Criminal prosecution. Some intentional violations may constitute criminal violations of federal, state, and town law, and that under such circumstances, the town may seek the assistance of the EPA, the state, or the town prosecutor to commence civil and/or criminal action against any person who violates any requirement of this chapter. Marana Regular Town Council Meeting March 15, 2022 Page 170 of 234 00079833.DOCX /1 Ordinance No. 2022.006 -4 - 11. The town may withhold the issuance of permits including but not limited to building permits, native plant permits and grading permits, for the development or improvement on the parcel or any contiguous parcel of land under the ownership of a person or persons in violation of any requirement of this chapter. 12. Liability for costs. The town may assess liability for costs to any person in violation of this chapter for all actual costs incurred by the town in surveillance, sampling and testing, abatement, and remediation associated with a discharge. Additionally, the town may assess liability for costs to any person whose discharge resulted in a violation of the town’s AZPDES stormwater permit. SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. 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, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6. This ordinance is effective on the 31 st day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 171 of 234 00079838.DOCX /1 Resolution No. 2022-027 -1 - MARANA RESOLUTION NO. 2022-027 RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2022.006, REVISIONS TO TITLE 17 “LAND DEVELOPMENT” OF THE MARANA TOWN CODE, INCLUDING MISCELLANEOUS REVISIONS TO SECTION 17-3-1 (AMENDMENT AND REZONING), CHAPTER 17-4 “ZONING,” SECTION 17-11-7 (LANDSCAPE REQUIREMENTS), CHAPTER 17-15 “FLOODPLAIN AND EROSION HAZARD MANAGEMENT CODE”, AND CHAPTER 17-16 “STORMWATER MANAGEMENT”; REVISING CHAPTER 17-6 “GENERAL DEVELOPMENT REGULATIONS” TO ADD NEW SECTION 17-6-10 (HEIGHT OF BUILDINGS AND STRUCTURES); REVISING CHAPTER 17-14 “HILLSIDE DEVELOPMENT” TO ADD NEW SECTION 17-14-5 (AVERAGE CROSS SLOPE CALCULATIONS); AND MAKING OTHER VARIOUS REVISIONS TO TITLE 17 OF THE MARANA TOWN CODE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the revisions to Title 17 “Land Development” of the Marana Town Code, including miscellaneous revisions to Section 17-3-1 (Amendment and rezon- ing), Chapter 17-4 “Zoning,” Section 17-11-7 (Landscape requirements), Chapter 17-15 “Floodplain and Erosion Hazard Management Code”, and Chapter 17-16 “Stormwater Management”; revisions to Chapter 17-6 “General Development Regulations” to add new section 17-6-10 (Height of buildings and structures); revisions to Chapter 17-14 “Hillside Development” to add new section 17-14-5 (Average cross slope calculations); and other various revisions to Title 17 of the Marana Town Code, a copy of which is at- tached to and incorporated in this resolution as Exhibit A and one paper copy and one electronic copy of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. Marana Regular Town Council Meeting March 15, 2022 Page 172 of 234 00079838.DOCX /1 Resolution No. 2022-027 -2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of March, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting March 15, 2022 Page 173 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 1 SECTION 1. Section 17-3-1 (Amendment and rezoning) of the Marana Town Code is hereby revised as follows (with additions shown with double underlining and deletions shown with strikeouts): 17-3-1 Amendment and rezoning [No revisions to paragraph A] B. Rezoning. The town has three broad rezoning categories: 1. Translational or non-site analysis rezoning: A simplified rezoning with flexible application requirements for any a rezoning that does not require a site analysis as described in subparagraph 2 below; primarily used to rezone properties zoned in one of the legacy zones described in sections 17-4-16 through 17-4-26. 2. Site analysis rezoning: A rezoning used in all of the following circumstances: a. When property is to be developed for more than one non-residential use or on multiple lots Property greater than one acre in size to be developed for nonresidential uses. b. When property is to be developed with more than three lots for single-family residential use Property greater than one acre in size to be developed at a residential density of two or more residences per acre. c. When property is to be developed for multi-family residential use Property greater than five acres in size. 3. Specific plan: A specific plan, as defined in section 17-1-6(A), contains unique development and design standards specific to a rezoning site on a parcel of five acres or more, with either single-or multi-phased development. See section 17-4-15 for further requirements regarding specific plans. [No revisions to paragraph C] D. Approval criteria. The planning commission and town council shall consider the following questions, at a minimum, in reviewing an application for a rezoning: [No revisions to subparagraphs 1 through 5] 6. That Whether the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development. [No revisions to subparagraphs 7 through 11] Marana Regular Town Council Meeting March 15, 2022 Page 174 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 2 SECTION 2. Chapter 17-4 “Zoning” of the Marana Town Code is hereby revised as follows (with additions shown with double underlining and deletions shown with strikeouts): [No revisions to section 17-4-1] 17-4-2 Use matrix [No revisions to paragraphs A through C] Table 2. Use Matrix (only amendments to Table 2 are shown; the remainder of Table 2 is unchanged) Uses AG RA ER NR GR MR RR NC VC LI HI Retail establishment, under 30,000 sq. ft., no open storage (except stock-in-trade per 17-8-6) XXXXXAA P P PP Retail establishment, 30,000 sq. ft. and larger, no open storage (except stock-in-trade per 17-8-6) XXXXXXX X P PP [No revisions to sections 17-4-3 through 17-4-16] 17-4-17 Zone A – small lot zone A. Permitted uses. Within zone A, residential, commercial, industrial, and quasi-public land uses shall be permitted so long as each such land use is conducted on a lot no larger than 2.5 acres. Agricultural uses, as listed in section 17-4-2, table 2 (Use matrix), shall be permitted in zone A in the same circumstances as they are permitted in the AG zone per section 17-4-2, table 2, and subject to the same conditions per use as in the AG zone per section 17-4-3, table 3 (Conditions per use). Rezoning is not required to establish a use permitted in the neighborhood commercial (NC) zone, within an existing building or suite in a designated commercial area if the use can be accommodated within the existing building or suite without requiring a new retail commercial building permit. This is not, however, to be construed to permit any land use that may be specifically prohibited within the town by this or any other ordinance of the town or by state or federal law. [No revisions to paragraphs B through E] 17-4-18 Zone B – medium lot zone A. Permitted uses. Within zone B, any residential, commercial, industrial, or quasi-public land use is permitted so long as each separate land use is conducted on a lot larger than 2.5 acres but no larger than 25 acres. Marana Regular Town Council Meeting March 15, 2022 Page 175 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 3 Agricultural uses, as listed in section 17-4-2, table 2 (Use matrix), shall be permitted in zone B in the same circumstances as they are permitted in the AG zone per section 17-4-2, table 2, and subject to the same conditions per use as in the AG zone per section 17-4-3, table 3 (Conditions per use). This is not to be construed, however, to permit any land use that may be expressly prohibited within the town by other ordinances of the town, by other provisions of this code, or by state or federal law. [No revisions to paragraphs B through D] 17-4-19 Zone C – large lot zone A. Permitted uses. Within zone C, any residential, commercial, industrial, or quasi-public land use shall be permitted, so long as each separate activity is conducted on a lot no smaller than 25 acres. Agricultural uses, as listed in section 17-4-2, table 2 (Use matrix), shall be permitted in zone C in the same circumstances as they are permitted in the AG zone per section 17-4-2, table 2, and subject to the same conditions per use as in the AG zone per section 17-4-3, table 3 (Conditions per use). This is not to be construed, however, to permit any land use that may be expressly prohibited within the town by other sections of this code other ordinances of the town, or state or federal law. [No revisions to paragraphs B through D] [No revisions to sections 17-4-20 through 17-4-26] Marana Regular Town Council Meeting March 15, 2022 Page 176 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 4 SECTION 3. Section 17-5-3 (Subdivision requirements) of the Marana Town Code is hereby revised as follows (with additions shown with double underlining and deletions shown with strikeouts): 17-5-3 Subdivision requirements [No revisions to paragraphs A and B] C. General requirements [No revisions to subparagraphs 1 through 5] 6. Lot widths and depths. All lots shall conform to the lot standards for each zone district as set forth in chapter 17-4 section 17-4-4 (lot standards). [No revisions to subparagraphs 7 through 18] [No revisions to paragraph D] SECTION 4. Section 17-6-7 (Animal-keeping) of the Marana Town Code is hereby revised as follows (with additions shown with double underlining and deletions shown with strikeouts): 17-6-7 Animal-keeping [No revisions to paragraph A] B. Location of animal-keeping structures. See section 17-4-3 (use conditions matrix), table 3 4 (conditions per use). [No revisions to paragraph C] SECTION 5. Chapter 17-6 “General Development Regulations” of the Marana Town Code is hereby revised by adding new section 17-6-10 (Height of buildings and structures) as follows: 17-6-10 Height of buildings and structures A. Additional height is allowed for ornamental elements of buildings and structures such as belfries, clock towers, cupolas, domes, spires, and steeples, subject to the following provisions: 1. The element is an integral part of the building's architecture. 2. The element is not for human occupancy. 3. The element is not used for signage. 4. The element shall be set back at least one foot from all property lines for every foot of height above finished grade. Where the zoning setback exceeds the height of the element, the zoning setback shall apply. Marana Regular Town Council Meeting March 15, 2022 Page 177 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 5 5. Elements higher than 50% above the zoning height limit, or that do not conform to the increased setbacks specified in section 17-6-10 A. 4, shall: a. require a conditional use permit b. require a viewshed and shadow analysis showing the impact on nearby properties c. have a combined footprint not exceeding 25% of the roof area of the principal building 6. Lighting or direct illumination of any part of the element above the zoning height limit shall require a conditional use permit. B.Multiple architectural elements may be considered separately when determining setbacks and the applicability of section 17-6-10 A. 5. SECTION 6. Chapter 17-8 “Multi-Family, Commercial, and Industrial Design Standards” of the Marana Town Code is hereby revised as follows, (with additions shown with double underlining and deletions shown with strikeouts): [No revisions to sections 17-8-1 through 17-8-4] 17-8-5 Off-street loading A. Stores must have a rear or side entrance that is accessible to a loading area and or a service driveway. [No revisions to paragraphs B through E] 17-8-6 Storage Open storage of equipment and materials is prohibited. Open storage of stock- in-trade is permitted. For purposes of this section, “stock-in-trade” is defined as the goods kept on hand by a business for the purposes of its trade. [No revisions to sections 17-8-7 through 17-8-16] SECTION 7. Section 17-10-3 (Definitions and sign types) of the Marana Town Code is hereby revised as follows (with additions shown with double underlining): 17-10-3 Definitions and sign types A. The following definitions supplement those found elsewhere in the town code and land development code. In the event of conflicting definitions related to signs, the definitions in this section prevail. [No revisions to subparagraphs 1 through 28] 29. Portable directional sign: A portable sign directing the traveling public to a real estate open house or to an event or a portable sign with any particular non-commercial message. Marana Regular Town Council Meeting March 15, 2022 Page 178 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 6 [No revisions to subparagraphs 30 through 50] SECTION 8. Chapter 17-11 “Environmental Resource Preservation, Native Plant Protection, and Landscape Requirements” of the Marana Town Code is hereby revised as follows (with additions shown with double underlining and deletions shown with strikeouts): [No revisions to sections 17-11-1 through 17-11-6] 17-11-7 Landscape requirements [No revisions to paragraphs A through E] F. Landscape buffer standards. 1. Purpose. a. Landscape buffers provide the following four distinct functions: i. Serve as landscape screens to mitigate visual impacts; ii. Provide a landscape setback to reduce noise; iii. Physically separate incompatible adjacent land uses; and iv. Provide an aesthetic transition between adjacent compatible land uses. b. In addition, landscape buffers function to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, and signs. They also visually soften and screen unsightly buildings or parking areas. Landscape buffers are also designed to ensure a desired character along public streets and roads. 2. A landscape buffer may be used for passive recreation. It may contain pedestrian, bike and equestrian trails. Where appropriate, linkages shall be encouraged within or along a landscape buffer as long as the total width of the buffer is maintained, and all other regulations of the code are met. Swimming pools, tennis courts, sports fields, golf courses, parking lots, or other uses requiring structures or removal of vegetation shall not be permitted within a landscape buffer. 3. Landscape buffers shall be located on the outer perimeter of a lot or parcel, extending to the property or boundary lines and shall be determined in accordance with the landscape buffers matrix matrices set forth in subparagraph 5 below. 4. Landscape buffers matrix. Landscape buffer plant requirements shall be determined by application of a comparison of zone and/or existing land use (whichever is most restrictive). Once the zones are determined, the appropriate formula to determine plant requirements must be applied Marana Regular Town Council Meeting March 15, 2022 Page 179 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 7 per the following landscape buffers matrix matrices set forth in subparagraph 5 below.: 5. Landscape buffers matrices. The numbers in table 1 (Landscape buffers matrix – between zoning districts) and table 2 (Landscape buffers matrix – street frontage) refer to the codes in table 3 (Landscape buffers matrix codes). Table 1. Landscape buffers matrix – between zoning districts Subject zone or zoning group Adjacent zone or zoning group AG RA ER NR GR MR RR C I AG n/a 1 1 1 2 2 2 3 4 RA 1 1 1 1 2 2 2 3 4 ER 1 1 1 1 2 2 2 3 4 NR 1 1 1 1 2 2 2 3 4 GR 2 2 2 2 1 1 1 1*1¥ MR 2 2 2 2 1 1 1 1*1¥ RR 2 2 2 2 1 1 1 1*1¥ C (NC or VC)3 3 3 3 2 2 2 n/a 2¥ I (LI or HI)4 4 4 4 4 4 4 3 n/a * Use code 2 if adjacent parcel was developed prior to adoption of these landscape buffer requirements. ¥ Use code 3 if adjacent parcel was developed prior to adoption of these landscape buffer requirements. Table 2. Landscape buffers matrix – street frontage Subject zone or zoning group Street frontage Front Side or Rear AG 5 3 RA 5 3 ER 5 3 NR 5 3 GR 5 3 MR 5 3 RR 5 3 C (NC or VC)5 3 I (LI or HI)4 4 Marana Regular Town Council Meeting March 15, 2022 Page 180 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 8 Table 3. Landscape buffers matrix codes Code Depth of buffer Plant count 1 6’ minimum 1.5 per 100 sq. ft. 2 10’ minimum 1.5 per 100 sq. ft. 3 15’ minimum 2.0 per 100 sq. ft. 4 25’ minimum 1.5 per 100 sq. ft. 5 10’ minimum 1.0 per 100 sq. ft. Proposed development Existing zoning/ development Street frontage Symbol A B C D Front Side or Rear Street A AG, RA, ER, NR 1 2 3 4 5 3 3 B GR, MR, RR 2 1 ½+ѿ+5 3 3 C NC, VC 3 2 1 Ҁ+5 3 3 D LI, HI 4 4 3 2+4 4 4 + Use this code if existing development occurred previous to buffer requirements. Code Depth of buffer Plant count 1 6’ minimum 1.5 per 100 sq. ft. 2 10’ minimum*1.5 per 100 sq. ft. 3 15’ minimum*2.0 per 100 sq. ft. 4 25’ minimum**1.5 per 100 sq. ft. 5 10’ minimum 1.0 per 100 sq. ft. 15’0.8 per 100 sq. ft. 20’0.6 per 100 sq. ft. Notes: a. For every three shrubs planted, one 15 gallon tree shall be planted. Example: using code 1: a 1000 square foot landscape buffer area would need 15 plants: 12 one gallon shrubs and four 15 gallon trees. Earth berms of a minimum size of two cubic yards (approximately 8’W x 4.5’L x 1.5’H) may be used in lieu of three shrubs not to exceed 25% of shrubs. Marana Regular Town Council Meeting March 15, 2022 Page 181 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 9 b. Ground cover plants are required in addition to above plants. Ground cover equal to 20% of the total number of trees and shrubs will be located in the landscape buffer area. [No revisions to paragraphs G and H] 17-11-8 Landscaping standards for off street parking areas All off-street parking areas are required to comply with the following regulations: A. Minimum requirements. A minimum of 15% of the gross parking area (includes all paved access and parking areas) shall be devoted to amenity landscaping as follows: [No revisions to subparagraph 1] 2. Any off-street parking area for five or more vehicles shall include a ten foot minimum width landscape buffer between the parking area and the public right-of-way. This area shall include screening as required by section 17-9-2 a minimum three foot tall decorative masonry wall and/or a three foot tall-landscaped berm adjacent to parking stalls to screen the parked cars from the public right-of-way. [No revisions to subparagraphs 3 through 12] [No revisions to section 17-11-9] 17-11-10 Maintenance A. Continuous maintenance provisions shall be provided on the landscape plan. Maintenance shall include a plan, which accommodates the following: [No revisions to subparagraphs 1 through 4] 5. Any plant material in areas of required landscaping that does not survive shall be replaced with an equivalent size and species within 30 days on an ongoing basis. Failure to replace dead plant material within the specified time period shall constitute a zoning violation. 6. Irrigation shall be routinely tested and shall be repaired and replaced as necessary to prevent excess spray or water to planted areas, curbs and pavement, clogged emitters at each plant, and flooding of low lying areas. Improper irrigation system maintenance which results in pooling or runoff of excess water shall result in a warning. Failure to resolve the problem within 30 days shall constitute a zoning violation. [No revisions to subparagraph 7] Marana Regular Town Council Meeting March 15, 2022 Page 182 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 10 [No revisions to sections 17-11-11 and 17-11-12] 17-11-13 Assurances A. Native plant assurances. The town may require that Iimplementation and compliance with the an approved native plant preservation plan shall be guaranteed by assurances, such as performance bonds, a letter of credit from a financial institution, or a third party trust acceptable to the town, as determined by town policy and regulation. B. Landscape maintenance assurances. An approved site plan, development plan, or final plat shall require covenants or assurances which: 1. Ensure the continued maintenance of required landscaping, buffering and associated irrigation systems; 2. Assign responsibility of maintenance to the property owner, lessee, heirs, assigns, agent, a homeowner's association or other liable entity; and 3. Require future building pads within a phased development to be maintained in a dust-free condition by paving or applying mulch or native groundcover materials; and 4. Ensure that any plant materials included in an approved landscape plan that do not survive after installation are replaced with plant materials of the same or like species of equal size within 30 days of the plant's demise. Failure to replace dead plant material within the specified time period shall constitute a zoning violation. 5. Improper irrigation system maintenance which results in pooling or runoff of excess water shall result in a warning. Failure to resolve the problem within 30 days shall constitute a zoning violation. SECTION 9. Chapter 17-14 “Hillside Development” of the Marana Town Code is hereby revised by adding new section 17-14-5 (Average cross slope calculations) as follows: 17-14-5 Average cross slope calculations A. Average cross slope of a lot or parcel will be determined by using the following equation: I x L x 0.0023 A B. For purposes of the equation set forth in paragraph A above, the following values are assigned: 1. I = Contour interval (maximum 10') in feet Marana Regular Town Council Meeting March 15, 2022 Page 183 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 11 2. L = Combined length in feet of all contour lines measured on the lot or parcel 3. 0.0023 = Conversion of square feet into acres × 100 4. A = Lot or parcel area in acres C. The average cross slope shall be rounded off to the nearest whole number. When .5 or higher is computed, the number shall be rounded off to the next highest whole number. D. The average cross slope of a lot or parcel proposed for residential purposes only may be reduced by establishing a natural area on the lot or parcel and revising the average cross slope calculation to delete the natural area from the equation. E. Natural areas set aside in any division of land shall not be included in the average cross slope calculation, neither in the combined length of contour (L) nor in the lot or parcel area (A). The total acreage of the lot or parcel may be used to calculate the number of dwelling units based on allowable density, provided that all other applicable provisions of this section are met. F. The average cross slope is used for determining slope density requirements for residential development only. SECTION 10. Chapter 17-15 “Floodplain and Erosion Hazard Management Code” of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlining): 17-15-1General information [No changes to paragraph A] B. Findings of fact. [No changes to subparagraph 1] 2. Flood losses may be exacerbated by the cumulative effects of obstructions to flow, inadequate anchoring of structures and encroachment into the floodplain in special flood hazard areas, which increase flood depths and velocities and, when inadequately anchored, cause damage in other areas. Uses that are inadequately flood-proofed, elevated, or otherwise protected from flood damage, also contribute to the flood C. Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: [No changes to subparagraphs 1 through 4] Marana Regular Town Council Meeting March 15, 2022 Page 184 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 12 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard areas; [No changes to subparagraph 6] 7. To ensure that potential buyers are notified that property is in an area of a special flood hazard area; 8. To ensure that those who occupy the areas of special flood hazard areas assume responsibility for their actions; and 9. To participate in and maintain eligibility for flood insurance and disaster relief. [No changes to paragraph D] 17-15-2Abbreviations and definitions A. Abbreviations. The following common abbreviations are used throughout this chapter: [No changes to subparagraphs 1 through 7] 8. FIA: Federal insurance administration 9. 8. FIS: Flood insurance study 10. 9. FIRM: Flood insurance rate map 10. LOMA: Letter of map amendment 11. LOMR: Letter of map revision 12. LOMR-F: Letter of map revision based on fill 12. 13. NGVD: National geodetic vertical datum of 1929 13. 14. NAVD: North American vertical datum of 1988 15. NFIP: National flood insurance program 14. 16. SFHA: Special flood hazard area B. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. 1. Accessory Structure. A structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage. [No changes to existing subparagraphs 1 through 4 which are hereby renumbered as subparagraphs 2 through 5] Marana Regular Town Council Meeting March 15, 2022 Page 185 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 13 5.6. Base flood elevation (BFE). The water surface elevation associated with the base flood. The computed elevation to which floodwater is anticipated to rise during the base flood. [No changes to existing subparagraphs 6 through 11 which are hereby renumbered as subparagraphs 7 through 12] 12. 13. Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and storage of materials and equipment located within the area of special flood hazard area. 14. Elevation certificate. An administrative tool of the NFIP that is used to provide elevation information necessary to ensure compliance with community floodplain management ordinance, to determine the proper insurance premium rate, and to support a request for a LOMA or LOMR- F. [No changes to existing subparagraphs 13 through 15 which are hereby renumbered as subparagraphs 15 through 17] 16. 18. Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, construction of streets and either final site grading or the pouring of concrete slabs) is completed before the effective date of the floodplain management regulations adopted by the community July 9, 1984, the date of the town’s first floodplain management ordinance. [No changes to existing subparagraphs 17 through 19 which are hereby renumbered as subparagraphs 19 through 21] 20. Flood boundary and floodway map (FBFM). The official map on which FEMA or FIA has delineated the areas of special flood hazards and the floodway. 21. Flood hazard boundary map (FHBM). The official map on which FEMA or FIA has delineated the areas of flood hazards. 22. Flood insurance rate map (FIRM). The official map on which FEMA or FIA has delineated both the special flood hazard areas and the risk premium zones applicable to the community. 23. Flood insurance study (FIS). The official report provided by FIA FEMA that includes flood profiles, FIRM, FBFM and the water surface elevation of the base flood. 24. Flood zones (FEMA defined): Marana Regular Town Council Meeting March 15, 2022 Page 186 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 14 a. Zone X. Area free from a base flood Area determined to be outside the 0.2% annual chance floodplain. [No changes to subparagraphs b through g] [No changes to subparagraphs 25 through 27] 28. Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing where possible natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. 29. Floodplain management regulations. This chapter and other chapters (zoning, grading, stormwater, etc.), subdivision regulations, subdivision street standards, building codes, health regulations, special purpose ordinances, and other application of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. 29. 30. Floodplain variance. A grant of relief from the requirements of this chapter that permits construction which permits construction or other uses of property in a manner that would otherwise be prohibited by this chapter. 30. 31. Flood-proofing. Any combination of structural and non-structural additions, changes or adjustments to non-residential structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents by means other than elevating. [No changes to existing subparagraphs 31 through 34 which are hereby renumbered as subparagraphs 32 through 35] 36. Governing body. The council of the town of Marana, Arizona. 35. 37. Hardship. Related to section 17-15-11 (floodplain variances procedure) of this chapter, means the exceptional hardship which would result from a failure to grant the requested floodplain variance. The floodplain board requires that the floodplain variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a floodplain variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Marana Regular Town Council Meeting March 15, 2022 Page 187 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 15 [No changes to existing subparagraphs 36 through 40 which are hereby renumbered as subparagraphs 38 through 42] 43. Manufactured home. See definition in section 17-1-6(A)(116). [No changes to existing subparagraphs 41 through 53 which are hereby renumbered as subparagraphs 44 through 56] 57. Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. [No changes to existing subparagraphs 54 through 59 which are hereby renumbered as subparagraphs 58 through 63] 64. Variance. See “Floodplain variance.” [No changes to existing subparagraph 60 which is hereby renumbered as subparagraph 65] 61. 66. Water surface elevation. The height, in relation to the NGVD, or NAVD, or other datum of floods of various magnitudes and frequencies in the floodplains of riverine and ponding areas. See also base flood elevation. [No changes to existing subparagraph 62 which is hereby renumbered as subparagraph 67] 17-15-3 General provisions A. Lands to which this chapter applies. This chapter shall apply to the following lands within the corporate limits of the town This chapter shall apply to all special flood hazard areas within the corporate limits of the town. In addition, this chapter shall also apply to the following areas: 1. All special flood hazard areas as defined by FEMA. 1. 2. FEMA zone X-500, also known as shaded zone X, as it pertains to the tortolita mountain alluvial fan or sheet flooding. [No changes to existing subparagraphs 3 through 6 which are hereby renumbered as subparagraphs 2 through 5] B. Basis for establishing the areas of special flood hazard areas. 1. The regulated areas of this chapter as outlined in subsection A of this section are derived from a variety of sources, whose hydrologic and hydraulic data and maps of delineation are kept on file by the town at 11555 West Civic Center Drive, Marana, AZ 85653, Marana municipal complex, public works department. This information includes or will include: a. The area of special flood hazard areas identified by FEMA in a scientific and engineering report entitled “The Flood Insurance Study Marana Regular Town Council Meeting March 15, 2022 Page 188 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 16 (FIS) for Pima County Arizona and incorporated areas, revised February 8, 1999 June 16, 2011,” with accompanying FIRMs dated February 8, 1999 and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. The FIS, FIRMs FBFM and amendments and corrections to the maps are all kept on file. [No changes to subparagraphs b through e] [No changes to paragraphs C and D] E. Interpretation. In the interpretation and application of this chapter, all provisions shall be: 2. Considered as minimum requirements; 3. Liberally construed in favor of the town governing body; and 4. Deemed neither to limit nor repeal any other powers granted under state statutes. [No changes to paragraph F] 17-15-4 Statutory exemptions A. In accordance with A.R.S. § 48-3609(HI), unless expressly provided otherwise, this and any regulation adopted pursuant to this chapter do not affect: [No changes to subparagraphs 1 through 4] B. Before any authorized construction begins for the exceptions listed below, the responsible person shall submit plans for the construction to the floodplain board for review and comment. In accordance with A.R.S. § 48- 3613, written authorization shall not be required, nor shall the floodplain board prohibit Before the following types of construction authorized by A.R.S. § 48-3613(B) begin, the responsible person must submit plans for the construction to the floodplain board for review and comment pursuant to A.R.S. § 48-3613(C): [No changes to subparagraphs 1 through 7] C. In accordance with A.R.S. § 48-3613(D), In in addition to other penalties or remedies otherwise provided by law, this state, a political subdivision or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation or obstruction of a watercourse has the right to commence, maintain and prosecute any appropriate action or pursue any remedy to enjoin, abate or otherwise prevent any person from violating or continuing to violate this section or regulations adopted pursuant to A.R.S. § 48-3613 this article. If a person is found to be in violation of this section, the court shall require the violator to either comply with this section if Marana Regular Town Council Meeting March 15, 2022 Page 189 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 17 authorized by the floodplain board or remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation including reasonable costs and attorney fees. [No changes to section 17-15-5] 17-15-6 Declaration of public nuisance Every new structure, building, fill, excavation or All development located or maintained within any special flood hazard area after August 8, 1973, in violation of this chapter, and without written authorization from the floodplain board, is a public nuisance per se and may be abated, prevented or restrained by action of the town. 17-15-7 Abatement of violations A. Within 30 days of discovery of a violation of this chapter, the floodplain administrator shall submit a report to the floodplain board which shall include all information available to the floodplain administrator which is pertinent to the violation. Within 30 days of receipt of this report, the floodplain board shall do one of the following: [No changes to subparagraphs 1 through 3] 4. For FEMA regulated special flood hazard areas, submit to the administrator of FIA FEMA a declaration for denial of insurance, stating that the property is in violation of a cited state or local law, regulation or ordinance, pursuant to section 1316 of the FIA national flood insurance act of 1968 as amended. B. The town may withhold the issuance of permits, including building permits, native plant permits and grading permits, for the development or improvement on the parcel or a any contiguous parcel of land under the same ownership. [No changes to section 17-15-8] 17-15-9 Administration [No changes to paragraph A] B. Responsibilities of floodplain administrator. The floodplain administrator shall: [No changes to subparagraph 1] 2. Use of other base flood data. When base flood elevation data has not been provided in accordance with paragraph 17-15-3B, the floodplain administrator shall obtain, review, and reasonably utilize any base flood Marana Regular Town Council Meeting March 15, 2022 Page 190 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 18 elevation data available from a federal, state, or other source, in order to administer section 17-15-10. Any such information shall be consistent with the requirements of FEMA and the director of the Arizona department of water resources and shall be submitted to the floodplain board for adoption. 3. Obtain and maintain for public inspection and make available the following: [No changes to subparagraphs a through c] d. The certified regulatory flood elevation required in subsection 17- 15-10B.3.d; d. e. The certified opening elevation required in section 17-15-10B.3.f; and f. The certified regulatory flood elevation required in subsection 17- 15-10F.2.a. 4. e. Whenever a watercourse is to be altered or relocated: a. i. Notify adjacent communities and ADWR prior to such alteration or relocation of a watercourse, and submit evidence of such notification to FIA FEMA through appropriate notification means; and b.ii. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained. [No changes to existing subparagraphs 4 and 5 which are hereby renumbered as subparagraphs 5 and 6] 6. 7. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 17-15-11. [No changes to existing subparagraphs 7 and 8 which are hereby renumbered as subparagraphs 8 and 9] C. Within 120 days after completion of construction of any flood control protective works which changes the rate of flow during the base flood or the configuration of the floodplain upstream or downstream from or adjacent to the project, the person or agency responsible for installation of the project shall provide to the governing bodies of all jurisdictions affected by the project a new delineation of all floodplains affected by the project. The new delineation shall be done according to the criteria adopted by the Ddirector of Wwater Rresources. Marana Regular Town Council Meeting March 15, 2022 Page 191 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 19 D. A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community the floodplain administrator shall notify the FEMA administrator of the changes by submitting technical or scientific data in accordance with volume 44 code of federal regulations, section 65.3 this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. [No changes to paragraph E] 17-15-10 Provisions for flood hazard reduction [No changes to paragraph A] B. Standards of construction in floodprone areas [No changes to subparagraph 1] 2. Construction Mmaterials and Mmethods [No changes to subparagraphs a and b] c. All new construction, substantial improvement and other proposed new development shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; [No changes to subparagraphs d through f] 3. Elevation and flood-proofing [No changes to subparagraph a] b. New construction and substantial improvement of any residential structure in zone AO shall have the lowest floor, including basement, elevated at least one foot higher than the depth number shown on the FIRM measured from the highest existing adjacent natural grade or one foot higher than the BFE from a town approved drainage study, whichever is greater. [No changes to subparagraphs c through i] [No changes to paragraph C] D. Standards for water supply, waste disposal, and other utilities [No changes to subparagraphs 1 and 2] 3. Waste disposal systems shall not be installed wholly or partially in a regulatory floodway. Crossings are allowed if buried at least one two feet Marana Regular Town Council Meeting March 15, 2022 Page 192 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 20 below the calculated scour depth as determined in a study/analysis prepared by an Arizona registered professional civil engineer. [No changes to subparagraph 4] [No changes to paragraphs E through M] 17-15-11 Floodplain variance procedure [No changes to paragraph A] B. Appeal board [No changes to subparagraphs 1 through 4] 5. Any applicant to whom a floodplain variance is granted shall be given written notice over the signature of a community official that: [No changes to subparagraphs a and b] c. The land upon which the floodplain variance is granted shall be ineligible for exchange of state land pursuant to the flood relocation and land exchange program provided for by A.R.S. § 37-610 A.R.S. title 26, chapter 2, article 2. A copy of the notice shall be recorded in the office of the Pima County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 6. The floodplain administrator shall maintain a record of all floodplain variance actions, including justification for their issuance and report such floodplain variances issued in its biennial report submitted to FEMA. C. Conditions for floodplain variances. [No changes to subparagraph 1] 2. Floodplain variances may be issued for accessory structures used solely for limited storage that have a size of less than 150 square feet, provided that the following requirements are met: [No changes to subparagraphs a through c] d. Any mechanical, utility or electrical equipment is elevated or flood- proofed floodproofed above the BFE; and [No changes to subparagraph e] 3. Floodplain variances may be issued for agricultural structures whose use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock, such as pole and pre-fabricated metal structures, grain bins and corn cribs provided that the following requirements are met: [No changes to subparagraphs a through c] Marana Regular Town Council Meeting March 15, 2022 Page 193 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 21 d. Any mechanical, utility or electrical equipment is elevated or flood- proofed floodproofed above the BFE; and [No changes to subparagraph e] [No changes to subparagraphs 4 through 6] [No changes to Appendix 1] SECTION 11. Chapter 17-16 “Stormwater Management” of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlining): 17-16-1General provisions [No changes to paragraph A] B. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings set forth in this paragraph. Where noted, the definitions shall correspond with the applicable section of the Arizona revised statutes as amended. [No changes to subparagraph 1 through 8] 9. Discharge: Any pollutant that leaves the site addition of any pollutant to waters of the United States from any point source. A.R.S. § 49-255 (2). [No changes to subparagraphs 10 through 16] 17. Operator: In the context of stormwater associated with construction activity, means any person associated with a construction project that meets either of the following two criteria: a. The person has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or b. The person has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWPPP or comply with other permit conditions). This definition is provided to inform operators of how the regulatory definitions of “owner or operator” and “facility or activity” are applied to discharges of stormwater associated with construction activity. 17.18. Owner or operator: The owner or operator of any “facility or activity” subject to regulation under this code the AZPDES program. [No changes to existing subparagraph 19, which is hereby renumbered as subparagraph 18] Marana Regular Town Council Meeting March 15, 2022 Page 194 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 22 19.20. Point source: Any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or other floating craft from which pollutants are or may be discharged to an MS4 navigable waters. Point source does not include return flows from irrigated agriculture. A.R.S. § 49-201 (27). 21. Pollutant: Fluids, contaminants, toxic wastes, toxic pollutants, dredged spoil, solid waste, substances and chemicals, pesticides, herbicides, fertilizers and other agricultural chemicals, incinerator residue, sewage, garbage, sewage sludge, munitions, petroleum products, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and mining, industrial, municipal and agricultural wastes or any other liquid, solid, gaseous or hazardous substances. A.R.S. § 49-201 (28). 20. Pollute: To alter the physical, thermal, chemical, or biological quality of, or the contamination of, any water of the state or water of the United States. 22. Pollution: The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water of the state or water of the United States, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose as determined by the town engineer. 21. Pollution: Contaminants introduced into the natural environment that cause adverse change, including but not limited to, mechanical fluids, toxic wastes, toxic pollutants, dredged spoil, solid waste, household chemicals, pesticides, herbicides, fertilizers and other agricultural chemicals, incinerator residue, sewage, garbage, sewage sludge, munitions and munitions casings, petroleum products, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, yard waste, rock, sand, cellar dirt and mining, industrial, municipal and agricultural wastes or any other liquid, solid, gaseous, or hazardous substances. [No changes to existing subparagraphs 23 and 24, which are hereby renumbered as subparagraphs 22 and 23, repectively] 24.25. SWPPP, stormwater pollution prevention plan: A plan that shows and describes the best management practices that will be used to control the discharge of pollutants from a site includes site map(s), an identification of owner/operator activities that could cause pollutants in the stormwater, and a description of measures or practices to control these pollutants. Marana Regular Town Council Meeting March 15, 2022 Page 195 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 23 26. Waters of the state: All waters within the jurisdiction of this state including all perennial or intermittent streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, aquifers, springs, irrigation systems, drainage systems and other bodies or accumulations of surface, underground, natural, artificial, public or private water situated wholly or partly in or bordering on the state. A.R.S. § 49-201 (41). [No changes to existing subparagraph 27, which is hereby renumbered as subparagraph 25] [No changes to paragraphs C through F] 17-16-2Prohibitions and controls to reduce the discharge of pollutants in stormwater A. General Requirements 1. Any person engaged in activities which will or may result in pollutants entering a storm sewer system shall undertake appropriate measures to reduce the potential to discharge such pollutants. Examples of such activities include, but are not limited to, reduction of use and proper disposal of household chemicals, such as cleaners, disinfectants, pesticides, fertilizers, carpet cleaning waste water and other pollutants associated from the ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, construction sites, residential properties, and retail establishments. 1. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any pollutant that may enter the MS4 refuse, rubbish, garbage, vegetation trimmings or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain inlet, catch basin, conduit or other drainage structures, parking area, or upon any public or private plot of land so that the same might be or become a pollutant, except where such pollutant is being temporarily stored in properly contained waste receptacles or is part of a well-defined compost system or pursuant to another recycling system. [No changes to subparagraph 3] F. Prohibition of non-stormwater discharge to the municipal storm sewer system; exemptions [No changes to subparagraphs 1 or 2] 3. Exemptions. The following discharges are exempt from the prohibitions set forth in subsections 1 and 2 of this subsection: [No changes to subparagraphs a through j] Marana Regular Town Council Meeting March 15, 2022 Page 196 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 24 k. Water used to rinse vehicles and equipment, provided that reclaimed water or process waters are not used and that no soaps, solvents, detergents, oils, grease, or glues are present in the rinsate; l. Hydrostatic testing of new pipes, tanks or vessels using potable water, surface water or uncontaminated groundwater; [No changes to existing subparagraphs m through p which are hereby renumbered as subparagraphs k through n, respectively] o.q. Water used for drilling and coring for evaluation of foundation materials where flows are not contaminated with additives; and p.r. Discharges from emergency firefighting activities;. q. Diverted stream flows; r. Water from crawl space pumps; and s. Discharges from riparian habitats and wetlands. 4. No person shall discharge to a publicly owned right-of-way or the municipal storm sewer system any exempted discharge under subsection 3 if the town engineer or assigned designee identifies and provides written notice to the person that the discharge has the potential to be a source of pollutants to receiving waters, waterways, or groundwater. 5. No person shall discharge to the municipal storm sewer system where such discharge would result in or contribute to a violation of the AZPDES stormwater permit issued to the town, either separately considered or when combined with other discharges. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge and will be addressed as outline in the enforcement response plan (ERP). G. Operating facilities or activities 1. All persons owning or operating premises or engaged in activities who are required by federal or state law to submit to EPA and/or ADEQ a notice of intent (NOI) to comply with an AZPDES stormwater permit shall provide a copy of the authorization certificate to the town upon request. Facilities required to apply for a stormwater permit are identified in 40 CFR 122.23(B) (14). 2. All persons engaged in activities which will or may reasonably be expected to result in pollutants entering the municipal storm sewer system shall submit a SWPPP for review and acceptance by the town, shall provide protection from accidental discharge of pollutants to the municipal storm sewer system, shall comply with the spill notification requirements of this chapter, and shall undertake best management (BMPs) to minimize such pollutants, shall provide protection from Marana Regular Town Council Meeting March 15, 2022 Page 197 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 25 accidental discharge of pollutants to the municipal storm sewer system and further comply with the cleanup and notification requirements of this chapter. Such measures shall include any additional requirements imposed by federal, state, county, or local authorities. [No changes to subparagraphs 3 and 4] 5. If, during the course of activity, a deficiency in the accepted SWPPP is identified, the owner/operator must modify the SWPPP to include additional or modified BMPs designed to correct problems identified. Requirements for corrections to the SWPPP are outlined in the town’s enforcement response plan. 6. Operations or activities that have been granted a waiver from developing a SWPPP by ADEQ may still need to submit a SWPPP to the town for review and acceptance. 7. Basins with a retention component may be used as temporary sediment basins during construction provided the following conditions are met: a. Prior to acceptance, the basin shall be retested for percolation; and b. Additional measures must be put in place to collect sediment prior to entry into the basin, i.e. the basin must be part of a cascading sediment trapping system. D. Construction sites 1. All persons engaged in construction activities who are required by federal or state law to submit to EPA and/or ADEQ a notice of intent (NOI) to comply with an AZPDES stormwater permit, shall provide the town with copies of the approved NOI, the site-specific stormwater pollution prevention plan (SWPPP), and the AZPDES individual stormwater permit, if applicable, issued by ADEQ. 2. Any person performing construction that has submitted a copy of an approved NOI to the town shall not cause or contribute to a violation of the AZPDES stormwater permit issued to the town. Liability for any such discharge shall remain the responsibility of the person causing or responsible for the discharge. Any person performing construction activity shall undertake best management practices to minimize or eliminate pollutants (including the discharge of sediments) from leaving the construction site, shall provide protection from accidental discharge of other pollutants to the municipal storm sewer system, and comply with the cleanup and notification requirements of this chapter. Site operator shall ensure effective erosion, sediment and waste control and properly dispose of wastes, such as discarded building materials, concrete truck washout material, chemicals, litter, sanitary waste and other pollutants at the construction site that may cause adverse impacts to water quality. Such measures shall include the requirements imposed by federal, state, county and/or local authorities. Marana Regular Town Council Meeting March 15, 2022 Page 198 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 26 3. Stormwater pollution prevention plans shall be prepared and reviewed in accordance with the Arizona pollutant discharge elimination system construction general permit issued by the Arizona department of environmental quality. A SWPPP accepted by the town is required prior to the issuance of a grading permit. The town shall not certify or defend that the applicant has met the requirements of the federal Clean Water Act. 4. In the case that a specific best management practice is required by the town to prevent a pollutant from entering the municipal storm sewer system, the person receiving the notice of such a requirement may petition the town to reconsider the application of the BMP to the premises or activity. The written petition must be received within ten calendar days setting forth any reasons and proposed alternatives. The town will act within fourteen calendar days of the petition. 5. Basins with a retention component may be used as temporary sediment basins during construction provided the following conditions are met: a. Prior to acceptance, the basin shall be retested for percolation; and b. Additional measures must be put in place to collect sediment prior to entry into the basin, i.e. the basin must be part of a cascading sediment trapping system. 6. No waivers allowable under the AZPDES construction general permit shall be accepted by the town for any development over one acre in size or that is part of a larger common plan of development or sale. [No changes to existing paragraph E, which is hereby renumbered as paragraph D] E.F. Cleanup and notification requirements 1. In the event of a spill or release in reportable quantities as defined in 40 CFR 302, 40 CFR 110 and 40 CFR 117, the owner, operator, or the person who has control of the source or location of any spill or release, which may result in a discharge that is not in compliance with this chapter, shall immediately take all reasonable safety precautions including, if appropriate, calling 911. Within five calendar days, a written notification will be submitted to the town engineer indicating the type, volume, and cause of the discharge along with details of the corrective actions taken to clean up the spill. and completing the following steps: a. Proceed with containment and clean up in accordance with: i. The orders of an involved health and safety agency, or if no such orders have been issued, then: ii. The orders of an authorized representative, or if no such orders have been issued, then Marana Regular Town Council Meeting March 15, 2022 Page 199 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 27 iii. The stormwater pollution prevention plan or approved corrective action plan utilizing best management practices for the involved facility. b. Report any violations of the northwest fire department fire code or other such applicable safety or health codes in the manner required by such code; c. Notify the town development services department of the release by telephone within 24 hours of knowledge of the release; d. Provide written notification within five calendar days to the town development services department of the type, volume, cause of the discharge, corrective actions taken, and measures to be taken to prevent future occurrences. 2. Compliance with the requirement in subsection 17-16-2 E G. 1 shall not relieve the discharger from the reporting requirements of 40 CFR 110, 40 CFR 117, and 40 CFR 302. 17-16-3 Compliance monitoring A. Inspections 1. Authority to inspect. Upon presentation of credentials and at all reasonable or necessary hours, all authorized employees of the town shall have access to all premises and to all records pertaining to those premises for purposes of ensuring compliance with this chapter. Inspection, interviewing, copying, sampling, photographing, and other activities conducted on the premises shall be limited to those which are reasonably needed by the town in determining compliance with the requirements of this chapter. All persons shall allow such activities under safe and non- hazardous conditions with a minimum of delay. Inspections of active construction sites will follow the guidelines and schedules of the AZPDES Phase II MS4 permit issued to the town. 2. Monitoring activities. The town may order any person engaged in any activity or owning or operating on any premises which is causing or contributing to discharges of pollutants to the municipal storm sewer system in violation of this chapter or any applicable AZPDES stormwater permit condition or that is posing a risk to public health, safety, and welfare to undertake such monitoring activities and analyses and furnish such reports as the town reasonably may specify. The costs of such activities, analyses, and reports shall be borne in the recipient of the order. 3. When inspections by town staff reveal deficiencies in the implementation of the best management practices, a written inspection Marana Regular Town Council Meeting March 15, 2022 Page 200 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 28 report will be provided to the owner and operator within 30 days of the inspection. [No changes to existing subparagraph 4, which is hereby renumbered as subparagraph 3] B. Enforcement and penalties 1. When inspections by town staff reveal deficiencies in the implementation of the SWPPP, a written inspection report will be provided to the owner and operator within 30 days of the inspection. 2. Charges or penalties levied pursuant to this chapter shall be collected and utilized for public education and outreach in compliance with the town’s MS4 permit. 3.1. Operator and/or owner of record. The operator performing activities and/or owner of record of the property upon which a violation of this chapter occurs shall be presumed to be a person having lawful control over the activity or premises unless it is demonstrated and documented that another person has knowingly and in good faith accepted responsibility for the activity at issue. If more than one person is identified as the owner, such persons shall be presumed to be jointly and severally in lawful possession and control of the activity or premises. 4.2. Notice to correct. The town may issue a written notice to correct to any person who has violated or is in violation of this chapter. Failure to comply with any act required in the notice to correct may result in a notice of violation and/or stop work order as described in subsections 3 and 5 of this section. 5.3. Notice of violation. The town may issue a written notice of violation to any person who has violated or is in violation of this chapter. Failure to comply with any act required in the notice of violation shall be a separate violation for each day beyond the thirtieth third calendar day following the notice of violation. Nothing in this section shall limit the authority of the town to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. In appropriate situations the town may notify the person orally either in person or by telephone prior to written notification. [No changes to existing subparagraphs 4 and 5, which are hereby renumbered as subparagraphs 6 and 7, respectively] 8.6. Civil penalties. A person who violates any requirement of this chapter or any applicable stormwater permit condition shall be civilly liable to the town for a sum not to exceed $2,500 per day for each violation. 9. 7. Criminal penalties. A person who willfully or negligently violates any provision of this chapter, or any related laws or regulations shall, Marana Regular Town Council Meeting March 15, 2022 Page 201 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 29 upon conviction, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $2,500 per day for each violation and/or by imprisonment for a period not to exceed six months. 10.8. Criminal prosecution. Some intentional violations may constitute criminal violations of federal, state, and town law, and that under such circumstances, the town may seek the assistance of the EPA, the state, or the town prosecutor to commence civil and/or criminal action against any person who violates any requirement of this chapter or any applicable stormwater permit condition. 11.9. The town may withhold the issuance of permits including but not limited to building permits, native plant permits and grading permits, for the development or improvement on the parcel or any contiguous parcel of land under the ownership of a person or persons in violation of any requirement of this chapter or any applicable AZPDES stormwater permit condition. [No changes to existing subparagraph 10, which is hereby renumbered as subparagraph 12] C. Enforcement response plan adopted The Marana stormwater management enforcement response plan (ERP) attached as exhibit A to ordinance no. 2022.006 and approved and adopted by that ordinance, as it may be amended from time to time, is hereby adopted by reference as if fully set out herein. SECTION 12. Chapter 17-18 “Wireless Communication Facilities” of the Marana Town Code is hereby revised by replacing the reference to 47 CFR § 1.40001 in all instances, with a reference to 47 CFR § 1.6100 in the following Town Code sections: 17-18-2 (E), (F), (H), (I), (J), (U), (V), (X), (Y), and (Z). All margin notes in Chapter 17-18 shall also be updated to reflect current Code of Federal Regulations (CFR) provisions. SECTION 13. Section 17-18-4 (Permits required; approval authority) of the Marana Town Code is hereby revised as follows (with additions shown with double underlining and deletions shown with strikeouts): 17-18-4 Permits required; approval authority [No revisions to paragraphs A and B] C. Administrative wireless facilities permit. A new facility, collocation or modification to an existing facility is subject to the planning manager’s approval of an administrative wireless facilities permit, and not subject to a conditional use permit, when all the following criteria are met: [No revisions to subparagraph 1] Marana Regular Town Council Meeting March 15, 2022 Page 202 of 234 EXHIBIT A TO MARANA RESOLUTION NO. 2022-027 Amendments to Marana Town Code, Title 17 “Land Development” pursuant to Marana Ordinance No. 2022.006 00078569.DOCX/3 30 2. The proposed project qualifies as a design listed in section 17-18-6 A. 21 through 17-18-6 A. 3 below; specifically, a. A collocation on an existing base station outside the right-of-way, b. A collocation on a tower outside the right-of-way, or c. A collocation on an eligible support structure or utility pole in the right-of-way that is not exempt from zoning (see paragraph 17-18-4 B above). [No revisions to subparagraph 3] [No revisions to paragraph D] Marana Regular Town Council Meeting March 15, 2022 Page 203 of 234 00079413.DOCX /1 Stormwater Management Enforcement Response Plan Introduction and Purpose The Arizona Department of Environmental Quality (ADEQ) regulates discharges of stormwater to surface waters in Arizona to achieve the goals of the Clean Water Act. The Town of Marana (Town) is a Phase II regulated community. All Phase II communities are regulated by the Arizona Discharge Pollutant Elimination System General Permit for Stormwater Discharges from Small Municipal Storm Sewer Separate Systems to Waters of the United States or the MS4. The 2016 MS4 Permit requires the development and implementation of an Enforcement Response Plan (ERP). The ERP shall contain procedures for the implementation of an escalated enforcement program for non-compliance of illicit discharges, industrial discharges, construction activities and developed sites. This plan contains theprocedures used by Town of Marana (Town) to investigate and respond to instances of noncompliant discharges to surface waters or the Town’s Municipal Separate Storm Sewer System (MS4). This includes a range of regulatory responses, cost recovery mechanisms, and administrative and criminal penalties that can be employed in response to noncompliance. Legal Authority The Marana Town Code contains Title 17, Chapter 17-16 which regulates discharges of stormwater into the MS4. The Town is responsible for conducting stormwater inspections for compliance with Town Code. The Town of Marana’s Development Services Department, and its Environmental Project Manager are responsible for the implementation and enforcement of this ERP. Other departments such as the Public Works Department, Code Enforcement Department, and the Legal Department will aide in the facilitation of this ERP. To document compliance with this ERP, Town employees authorized by Marana Town Code may enter and inspect the premises, processes, and records of any stormwater collection system, construction project or entity that may be contributing pollution to the Town MS4. Severity of Violation Criteria The following criteria will be used to determine the severity of the violations and the appropriate response by the Town: Marana Regular Town Council Meeting March 15, 2022 Page 204 of 234 00079413.DOCX /1 x Threat to public safety or health x Level of impact to the environment x Proximity to surface waters, ephemeral washes, or stormwater conveyances x Repetitiveness of violation x Attempt to remediate the discharge Levels of Violations and Enforcement: The following section summarizes enforcement levels and the party(ies) responsible for enforcement: x Level I o Verbal Notice – In person or via phone call by Environmental Project Manager within three working days following inspection or complaint. Typical issues include sediment on streets, trash leaving construction sites, etc. Violation is not a threat to human health or a substantial impact to the environment. It is not immediately adjacent to a surface water, ephemeral wash, or stormwater conveyance. This is typically the first violation. No scheduled follow-up. o Written Notice – Email or other written correspondence by the Environmental Project Manager within three working days following an inspection or complaint. Typical issues include sediment on streets, trash leaving construction sites, etc. Violation is not a threat to human health or a substantial impact to the environment. It is not immediately adjacent to a surface water, ephemeral wash, or stormwater conveyance. This is typically the first violation. No scheduled follow-up. x Level II o Written Notice – Same day in person, email or phone notice along with a formal letter written by the Environmental Project Manager and mailed via certified mail within three working days following an inspection. Typical issues include those included in Level I violations, but that may be adjacent to or connected to an ephemeral wash or stormwater conveyance, a second violation on the same property, or a non-response to a level one violation. Scheduled follow-up inspection for seven working days from date of written notice. o Written Notice – Same day in person, email or phone notice along with a formal letter written by the Environmental Project Manager and mailed via certified mail within three working days following an inspection. Typical issues include poor BMP maintenance, ineffective concrete washouts, vehicle/machinery leaking onto public streets etc. Violation is not a threat to human health or a substantial impact to the environment. It is not immediately adjacent to a surface water, ephemeral wash, or stormwater conveyance. This is typically the first violation. Scheduled follow-up inspection for seven working days from date of written notice. x Level III o Written Notice – Same day in person, email or phone notice along with a formal letter written by the Environmental Project Manager and mailed via certified mail within three working days following an inspection. Typical issues include those included in Level I or Level II violations, but when no response to any of the notices sent has been provided, or Marana Regular Town Council Meeting March 15, 2022 Page 205 of 234 00079413.DOCX /1 when the issue may cause a threat to public safety or health or have a substantial impact to the environment. Schedule follow-up inspection for seven working days from date of written notice. If corrections have not been made a Notice of Violation will be issued the same day. o Written Notice - Same day in person, email or phone notice along with a formal letter written by the Environmental Project Manager and mailed via certified mail within three working days following an inspection. Typical issues include lack of secondary containment for hazardous materials, overturned toilets, spills not cleaned up etc. Violation is not a threat to human health or a substantial impact to the environment, but is adjacent to a surface water, ephemeral wash, or stormwater conveyance. Schedule follow-up inspection for seven working days from date of written notice. If corrections have not been made a Notice of Violation will be issued the same day. x Level IV o Written Notice of Violation - Same day in person, email or phone notice along with a formal letter written by the Environmental Project Manager and mailed via certified mail within three working days following an inspection. Typical issues include those included in Levels I, II, and III that have not been corrected in the required time frame. Schedule follow-up inspection for three days from date of inspection. If corrections have not been made, the Legal Department will be notified the same day and legal procedures for assessing fines may be started. o Written Notice of Violation - Same day in person, email or phone notice along with a formal letter written by the Environmental Project Manager and mailed via certified mail within three working days following an inspection. Typical issues include violations that are a threat to human health and safety or will have a substantial impact to the environmental. Schedule follow-up inspection for three days from date of inspection. If corrections have not been made,the Legal Department will be notified the same day and legal procedures for assessing fines may be started. x Fine and/or Penalty Assessment o See Town of Marana Code Chapter 17-16, Section 17-16-3(B) Enforcement and Penalties for all fines and penalties. Marana Regular Town Council Meeting March 15, 2022 Page 206 of 234 Council-Regular Meeting D1 Meeting Date:03/15/2022 To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:March 15, 2022 Strategic Plan Focus Area: Not Applicable Subject:Presentation: Relating to Finance; presentation, discussion and possible direction on proposed changes to the Town of Marana Comprehensive Fee Schedule and other various rate and fee adjustments (Yiannis Kalaitzidis) Discussion: Since 2009, the Town has reviewed its town-wide, Comprehensive Fee Schedule annually to ensure that the Town is continuing to cover its costs, where appropriate, and that it is charging fair and equitable fees to its customers. Staff conducted this year's review of the Comprehensive Fee Schedule with the following goals in mind: Ensure that fees reflect the actual cost of providing programs and services to customers, where appropriate. Identify opportunities to streamline, consolidate and modernize the application and use of our fees to encourage/facilitate development. Eliminate errors, inconsistencies and unused items within the existing comprehensive fee schedule. This evening we are only asking Mayor and Council to review the list of proposed changes and provide staff with feedback and direction regarding proposed changes. Information received tonight will be incorporated into the proposed changes which will be brought back for consideration and possible approval on May 17, 2022. Pursuant to A.R.S. Section 9-499.15, the Town will properly post notice of possible changes to the Comprehensive Fee Schedule. This statute requires that the Town Marana Regular Town Council Meeting March 15, 2022 Page 207 of 234 provide notice on its website of any new or increased fees for businesses at least 60 days before the meeting at which the new fees and/or fee increases will be considered for approval. Staff Recommendation: Council's pleasure. Suggested Motion: Council's pleasure. Attachments Presentation - Proposed Fee updates FY 2023 List of Proposed Fee Changes Marana Regular Town Council Meeting March 15, 2022 Page 208 of 234 Comprehensive Fee Schedule UpdateYiannis Kalaitzidis, CPA Finance DirectorMarch 15, 2022Marana Regular Town Council Meeting March 15, 2022Page 209 of 234 BACKGROUND & FY 2023 GOALS•First comprehensive schedule in 2009•Commitment to maintaining the schedule•Goals in comprehensive fee schedule update•Standardize fees across departments•Ensure fees are fair, equitable and reflect the value of services provided to customers•Eliminate errors, inconsistencies and unused items within the existing comprehensive fee schedule•Identify opportunities to streamline, consolidate and modernize to encourage/facilitate development2Marana Regular Town Council Meeting March 15, 2022Page 210 of 234 FY 2023 CHANGE SUMMARY•Total of 57 Requested Changes for FY 2023 Update•Added Fees: 9•Eliminated Fees: 8 •Total Modification to Existing Fees: 40•Modifications: 5•Clarifications: 8•Increases: 26•Decrease: 13Marana Regular Town Council Meeting March 15, 2022Page 211 of 234 FY 2022-2023 TIMELINE•Notice of intent to consider changes posted at least 60 days prior to meeting (ARS §9-499.15)•Outreach to possible stakeholders4Marana Regular Town Council Meeting March 15, 2022Page 212 of 234 POLICE DEPARTMENT:PROPOSED CHANGES5Proposed Fee Modifications:•Extra-Duty Police Service Lieutenant; Hourly Rate•Extra-Duty Police Service Sergeant; Hourly Rate•Extra-Duty Police Service Officer; Hourly Rate•Extra-Duty Police Service Dispatcher; Hourly Rate•Extra-Duty Police Service Lieutenant; Hourly Holiday Rate•Extra-Duty Police Service Sergeant; Hourly Holiday Rate•Extra-Duty Police Service Officer; Hourly Holiday Rate•Extra-Duty Police Service Dispatcher; Hourly Holiday RateMarana Regular Town Council Meeting March 15, 2022Page 213 of 234 PARKS & RECREATION: PROPOSED CHANGES6Proposed Fee Additions:•Signature Event Food Vendor Fee- For Profit•Signature Event Food Vendor Fee- For Profit- Large Space•Signature Event Vendor Fee- Non Food Vendor- Single•Signature Event Vendor Fee- Non Food Vendor- DoubleProposed Fee Eliminations:•Signature Event Vendor Fee- For ProfitProposed Fee Modifications:•Park Facility Rental, Community Garden Plot•Commercial Activity Permit FeeMarana Regular Town Council Meeting March 15, 2022Page 214 of 234 AIRPORTPROPOSED CHANGES7Proposed Eliminations:•Airport Use Fee (Non-Aeronautical, Government-Local, State, Federal)•Airport Non- Aeronautical Use Fee/ Commercial Filming•SASO/ Commercial Services Permit FeeProposed Clarifications:•Airport Aeronautical Use FeeMarana Regular Town Council Meeting March 15, 2022Page 215 of 234 DEVELOPMENT SERVICESPROPOSED CHANGES8Proposed Modifications:•Preliminary Plat•Planning Miscellaneous Hourly Review Fee•Assurance Agreement Review•Miscellaneous Document and/or Report Review•Plan Review Submittals after 2nd submittal and Revisions to Approved Plans•Drainage Statement•Drainage Report•Conditional Letter of Map Revision with Letter of Map Revision (CLOMR/LOMR)•Letter of Map Revision (LOMR)•Geotechnical Report•Review of Structural Calculations•Subdivision Design Exception ReportMarana Regular Town Council Meeting March 15, 2022Page 216 of 234 DEVELOPMENT SERVICESPROPOSED CHANGES9Proposed Modifications Cont.:•Assurances; Partial Release of Assurance•Floodplain; Floodplain Use Permit•Traffic Impact Analysis; Category II-III•Storm Water Pollution Prevention Plan(SWPPP)•Grading Plan Review•Construction Plan Review•Traffic Impact Analysis; Category I StatementProposed Additions:•Water Plan Review•Traffic Impact Analysis; Category IV-V•Traffic Signal Plans•License Agreement; Assignment fee•Third Party Review FeesMarana Regular Town Council Meeting March 15, 2022Page 217 of 234 DEVELOPMENT SERVICESPROPOSED CHANGES10Proposed Eliminations:•Temporary Use Permit; Administrative Process with Council Action Floodplain; Floodplain Use Permit•Review of Miscellaneous Report•Storm Water Pollution Prevention Plan (SWPPP); review based on Town Template•Storm Water Pollution Prevention Plan; Re-inspectionProposed Clarifications:•Zoning Variance Request•Pools and Spas; Permit Fee Using Model Engineering•Pools and Spas; Permit Fee Without Model EngineeringMarana Regular Town Council Meeting March 15, 2022Page 218 of 234 DEVELOPMENT SERVICESPROPOSED CHANGES11Proposed Clarifications Cont.:•Pools and Spas; Pool Engineering Model Plan Review•License Agreement•Re-inspection Fee•Inspection After Normal Work HoursMarana Regular Town Council Meeting March 15, 2022Page 219 of 234 PROPOSEDCHANGES12Town Clerk Proposed Modification:•Public Records Requests; Documents Used for Commercial (for-profit) Purposes; Base Search FeeWater & Water Reclamation Proposed Modifications:•Water Hydraulic Modeling Review•Sewer Capacity Assurance & Conveyance Modeling ReviewMarana Regular Town Council Meeting March 15, 2022Page 220 of 234 DISCUSSION13Marana Regular Town Council Meeting March 15, 2022Page 221 of 234 1Proposed Action Fee DescriptionCurrent Unit of MeasureProposed Unit of MeasureCurrent Amount Proposed AmountNotes Basis for ChangeModify existing feeExtra-Duty Police Service Lieutenant; Hourly Rate Per Hour Per Hour $50.00 $55.00 Per extra-duty police service agreement. Applies to police service hired for private events. Rates last reviewed July 7, 2014. Increase would ensure Extra Duty Services are provided without drawing from operational resources (officers on patrol). The $5 increase will bring Marana Police Department extra duty pay in line with other jurisdictions within Pima County.Modify existing feeExtra-Duty Police Service Sergeant; Hourly Rate Per Hour Per Hour $45.00 $50.00Per extra-duty police service agreement. Applies to police service hired for private events. Rates last reviewed July 7, 2014. Increase would ensure Extra Duty Services are provided without drawing from operational resources (officers on patrol). The $5 increase will bring Marana Police Department extra duty pay in line with other jurisdictions within Pima County.Modify existing feeExtra-Duty Police Service Officer; Hourly Rate Per Hour Per Hour $40.00 $45.00Per extra-duty police service agreement. Applies to police service hired for private events. Rates last reviewed July 7, 2014. Increase would ensure Extra Duty Services are provided without drawing from operational resources (officers on patrol). The $5 increase will bring Marana Police Department extra duty pay in line with other jurisdictions within Pima County.Modify existing feeExtra-Duty Police Service Dispatcher; Hourly Rate Per Hour Per Hour $30.00 $35.00Per extra-duty police service agreement. Applies to police service hired for private events. Rates last reviewed July 7, 2014. Increase would ensure Extra Duty Services are provided without drawing from operational resources (officers on patrol). The $5.00 increase will bring Marana Police Department extra duty pay in line with other jurisdictions within Pima County.Modify existing feeExtra-Duty Police Services; Lieutenant Hourly Holiday Rate. Per Hour Per Hour $75.00 $82.50Applies to the following dates: New Year’s Eve, New Year’s Day, Civil Rights Day, President’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day. Overnight shifts starting or ending on one of these dates would be billed at the holiday rate. Rates last reviewed July 7, 2014. Increase would ensure Extra Duty Services are provided without drawing from operational resources (officers on patrol). The $7.50 increase will bring Marana Police Department extra duty pay in line with other jurisdictions within Pima County.Modifications: PoliceMarana Regular Town Council Meeting March 15, 2022Page 222 of 234 2Proposed Action Fee DescriptionCurrent Unit of MeasureProposed Unit of MeasureCurrent Amount Proposed AmountNotes Basis for ChangeModify existing feeExtra-Duty Police Services; Sergeant Hourly Holiday Rate. Per Hour Per Hour $67.50 $75.00Applies to the following dates: New Year’s Eve, New Year’s Day, Civil Rights Day, President’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day. Overnight shifts starting or ending on one of these dates would be billed at the holiday rate. Rates last reviewed July 7, 2014. Increase would ensure Extra Duty Services are provided without drawing from operational resources (officers on patrol). The $7.50 increase will bring Marana Police Department extra duty pay in line with other jurisdictions within Pima County.Modify existing feeExtra-Duty Police Services; Officer Hourly Holiday Rate. Per Hour Per Hour $60.00 $67.50Applies to the following dates: New Year’s Eve, New Year’s Day, Civil Rights Day, President’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day. Overnight shifts starting or ending on one of these dates would be billed at the holiday rate. Rates last reviewed July 7, 2014. Increase would ensure Extra Duty Services are provided without drawing from operational resources (officers on patrol). The $7.50 increase will bring Marana Police Department extra duty pay in line with other jurisdictions within Pima County.Modify existing feeExtra-Duty Police Services; Dispatcher Hourly Holiday Rate. Per Hour Per Hour $45.00 $52.50Applies to the following dates: New Year's Eve, New Year's Day, Civil Rights Day, President's Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving, Day after Thanksgiving, Christmas Eve, Christmas Day. Overnight shifts starting or ending on one of these dates would be billed at the holiday rate. Rates last reviewed July 7, 2014. Increase would ensure Extra Duty Services are provided without drawing from operational resources (officers on patrol). The $7.50 increase will bring Marana Police Department extra duty pay in line with other jurisdictions within Pima County.Modifications Cont.: PoliceMarana Regular Town Council Meeting March 15, 2022Page 223 of 234 3Proposed Action Fee DescriptionCurrent Unit of MeasureProposed Unit of MeasureCurrent Amount Proposed AmountNotes Basis for ChangeAdd new feeSignature Event Food Vendor Fee - For Profit Per Event$125/EventFor food vendors 10'x10' - 10'x25' space.Fee will create distinction between signature event food vendor and non food vendor feesAdd new feeSignature Event Food Vendor Fee - For Profit - Large Space Per Event$150/EventFor food vendors 10'x30' and larger.Fee will create distinction between signature event food vendor and non food vendor feesAdd new feeSignature Event Vendor Fee - Non Food Vendor- SinglePer Event$150/EventThis fee is for a single booth.Fee will create distinction between signature event food vendor and non food vendor feesAdd new feeSignature Event Vendor Fee - Non Food Vendor- DoublePer Event$300/EventThis fee is for a double booth.Fee will create distinction between signature event food vendor and non food vendor fees. Streamline charges for a double booth.Modify existing feePark Facility Rental, Community Garden Plot Per Plot/Year Per Plot/Year$40/Plot$80/Large, $50/Small Increase in fee to match the increase in staff maintenance costs. There is also no additional cost to renters for water.Modify existing feeCommercial Activity Permit FeePer Permit (6 months) Per Permit(1 year)$75/ 6 months$150/yearThe overall fee will not increase. The modification to this fee will align it with other licenses/permits that vendor must obtain to conduct commercial activities in Marana Parks. Business Licenses are purchased annually. Users will no longer have to renew permits each six months, and internal administrative requirements are reduced.Additions: Parks & RecreationModifications: Parks & RecreationMarana Regular Town Council Meeting March 15, 2022Page 224 of 234 4Proposed Action Fee DescriptionCurrent Unit of MeasureProposed Unit of MeasureCurrent Amount Proposed AmountNotes Basis for ChangeEliminate existing feeSignature Event Vendor Fee - For ProfitPer Event$100.00Includes electricity and waives cost for 10 day temporary business license.Distinction between food and non-food vendors will help provide a streamlined approach assessing vendor fee. Modify existing feeWater Hydraulic Modeling ReviewPer SubmittalPer Submittal (Flat Fee + Consultant Fee Pass Through)$1,800.00$950 Flat Fee + Consultant Pass Through Fee Fees may vary depending on size of development and time needed for review. Fee is $950 + the pass through cost of consultant fees.$950 flat fee covers internal (Marana Water) cost of service & allows adequate fees for hydraulic modeling performed by consultant. The change in water hydraulic modeling will create consistency with sewer hydraulic modeling fee.Modify existing feeSewer Capacity Assurance & Conveyance Modeling Review Per Submittal Based on Type I, II, or IIIPer Submittal (Flat Fee + Consultant Fee Pass Through)$950.00$950 Flat Fee + Consultant Pass Through Fee Fees may vary depending on size of development and time needed for review. Fee is $950 + the pass through cost of consultant fees.$950 flat fee covers internal (Marana Water) cost of service & allows adequate fees for hydraulic modeling performed by consultant.Eliminate existing feeAirport Use Fee (Non-Aeronautical Government-Local, State, Federal) Per Day$350.00Non-aeronautical activities are no longer conducted at the Marana Airport.Eliminate existing feeAirport Non-Aeronautical Use Fee/Commercial FilmingPer Day$600.00Non-aeronautical activities are no longer conducted at the Marana Airport.Eliminate existing feeSASO/Commercial Services Permit Fee Per Year$75.00Fee has never been charged on a yearly basis only a daily and monthly. SASO permits should not be yearly as they would require them to be based out of the airport.Modifications: Water & Water ReclamationEliminations: Parks & RecreationEliminations: AirportMarana Regular Town Council Meeting March 15, 2022Page 225 of 234 5Proposed Action Fee DescriptionCurrent Unit of MeasureProposed Unit of MeasureCurrent Amount Proposed AmountNotes Basis for ChangeClarification of existing feeAirport Aeronautical Use Fee/Commercial Photography Per Day$300.00Removal of commercial photography from fee description. Non-aeronautical activities are no longer conducted at Marana Airport.Modify existing feePublic Records Requests; Documents Used for Commercial (for-profit) Purposes; Base Search Fee Per Hour Per Hour$10.00 $30.00Per hour with a minimum of 1 hour for commercial requests.Increase in fee to appropriately account for internal processing time costs. This fee has not been reviewed for cost since 2014.Add new feeWater Plan Review Per Application$700.00Revisions to accepted plans are 30% of original fee. For Marana Water service areas, additional Marana Water review fees apply.Establish a flat fee for review of water plans (Tucson and Marana) by Development Services Engineering Division for staff to review plans. Review consists of compliance with Town Standards and notes, review for conflicts with grading, paving and sewer plans submitted under separate cover. The average cost of water plan reviews over the last 2 years averages $716.67 creating the basis of fee amount. Add new feeTraffic Impact Analysis; Category IV-V Per Application$900.00Large to regional development, 1,000 or more peak hour trips. Revisions to accepted submittals are $150 each.1.) Create new fee to account for the additional review time associated with review of a Large development vs. a Moderate-sized development. Moderate development requires looking 10 years into the future, whereas large development adds a 20-year horizon. Moderate development requires intersections and roadway segments within ½ mile be analyzed, whereas large development expands that to within a full mile. It takes approximately an additional four hours to review the additional requirements for large and regional developments including possible reviews by deputy director of public works and the Town Engineer.2.) This completes the modification to the Fee Description for the existing Study and Statement fees to align with 2017 Transportation Impact Analysis Manual.Modifications: Town ClerkAdditions: Development ServicesClarifications: AirportMarana Regular Town Council Meeting March 15, 2022Page 226 of 234 6Proposed Action Fee DescriptionCurrent Unit of MeasureProposed Unit of MeasureCurrent Amount Proposed AmountNotes Basis for ChangeAdd new feeTraffic Signal Plans Per Application$300.00Fee is in addition to the construction plan review. Revisions to accepted plans are 30% of original fee. Traffic signal design requires detailed review of signal plans, pole/cabinet schedules, high/low voltage diagrams, and a photometric analysis, in addition to signing/striping. Signal plans require reviews by skilled traffic signal maintenance staff to ensure accurate design and constructability. An additional fee of $300 (approximately 4 hours), on top of existing review fees, is proposed to account for these reviews.Add new feeLicense Agreement; Assignment Fee Per Submittal$250.00Fee for an assigning existing license agreement to a new entity (ownership transfer).Fee was previously on the schedule, but was deleted pursuant to Ordinance No. 2016.006. Re-instating the fee will accurately represents the amount of work associated with an ownership change. Approx. 3 hours of staff time is needed to review these applications, prepare the assignment of license agreement form, request and obtain updated insurance certificate, circulate for signatures, and prepare for recordation.Add new feeThird Party Review Fees See NoteSee NoteThis applies to plan review and inspection fees that required services and/or expertise not available from Town staff. The initial fee will be charged according to the adopted fee schedule. If third party review fees exceed the initial amount charged, the remaining balance will be collected.Fee based on increasing workloads and projected new development, anticipating an increased use of third party for reviews and/or inspections. This also allows the use of third party reviewers if in house staff does not have the needed expertise to properly review and/or inspect a complex or specialize development project. The industry demands for third party reviews and inspections are increasing this fee will ensure any addition cost incurred for use of this service is being covered.Additions Cont.: Development ServicesMarana Regular Town Council Meeting March 15, 2022Page 227 of 234 7Proposed Action Fee DescriptionCurrent Unit of MeasureProposed Unit of MeasureCurrent Amount Proposed AmountNotes Basis for ChangeModify existing feePreliminary Plat Per Submittal Per Submittal$3,000.00 Base + $30.00 per lot$3,150.00 Base + $30.00 per lotIncludes review of the Recreational Area Plan and the Neighborhood Design Plan.Increase in base fee by $150.00 to account for 2 additional hours of review for the residential area plan and the neighborhood design plan that are now required per Title 17 code updates adopted per Ord 2021.003.Modify existing feePlanning Miscellaneous Hourly Review Fee Per Hour $70.00 $75.00 Minimum of one hour and to the newest nearest hour after.1.) Increase fee to adjust review rate from $70 to $75/hour for all of development services. Rate has not been reviewed since 2014.2.) Modification to the note to correct typo.Modify existing feeAssurance Agreement Review Per Submittal Per Submittal$150.00 $300.00Increase to appropriately account for processing and review time. Review process requires an average of 2 hours of Development Services staff review. Additional time is needed for intake, collection of signatures as well as legal and Town Engineer review.Modify existing feeMiscellaneous Document and/or Report Review Per Submittal Per Submittal$280.00 $300.00Including but not limited to CC&R's, Title Report, Archeology and, Environmental Reports, and Special Inspection Reports.1.) Increase fee to adjust review rate from $70 to $75/hour for all of development services. Rate has not been reviewed since 2014.2.) Modification to the note to clarify an additional report type option used under this fee.3.) Create a general or miscellaneous category for use by all 3 divisions within development services eliminating the need for duplicate items. Move fee to new section. Modify existing feePlan Review Submittals after 2nd submittal and Revisions to Approved Plans Per Hour$50.00 $75.00Plan review fee will be charged $50 per hour to the nearest hour.1.) Increase fee to adjust review rate from $70 to $75/hour for all of development services. Rate has not been reviewed since 2014.2.) Modification to notes.Modifications: Development ServicesMarana Regular Town Council Meeting March 15, 2022Page 228 of 234 8Proposed Action Fee DescriptionCurrent Unit of MeasureProposed Unit of MeasureCurrent Amount Proposed AmountNotes Basis for ChangeModify existing feeDrainage Statement Per Statement Per Application$280.00 $300.00Applies to first 2 submittals. Reviews after 2nd submittal and reviews of r Revisions to accepted submittals are $80 75 each.1.) Increase base rate to adjust review rate from $70 to $75/hour for all of development services bringing the fee to a total of $300.2.) Decrease revisions from $80 to $75 to accurately reflect a 1 hour review time. 3.) Modification to the notes to remove additional fees for submittals after 2. Modify existing feeDrainage Report Per Report Per Application$560.00 $650.00Applies to first 2 submittals. Reviews after 2nd submittal and reviews of r Revisions to accepted submittals are $170 150 each.1.) Increase base rate to adjust review rate from $70 to $75/hour for all of development services ($600).2.) Modification to the notes to remove additional fees for submittals after 2. Increase fee an additional $50 to cover this cost brining total fee to $650. 3.) Decrease revisions from $170 to $150 to accurately reflect a 2 hour review time.Modify existing feeConditional Letter of Map Revision with Letter of Map Revision (CLOMR/LOMR)Per CLOMR/LOMR Per Application$350.00 $375.00Applies to first 2 submittals. Reviews after 2nd submittal and reviews of revisions to accepted submittals are $170.00 each.1.) Increase base rate to adjust review rate from $70 to $75/hour for all of development services bringing the fee to a total of $375.2.) Modification to the notes to remove additional fees for submittals after 2. 3.) Modification to the notes to remove revision fee. The Town does not receive revisions to a Conditional Letter of Map Revision (CLOMR).Modifications Cont.: Development ServicesMarana Regular Town Council Meeting March 15, 2022Page 229 of 234 9Proposed Action Fee DescriptionCurrent Unit of MeasureProposed Unit of MeasureCurrent Amount Proposed AmountNotes Basis for ChangeModify existing feeLetter of Map Revision (LOMR) Per LOMR Per Application$280.00 $300.00Applies to first 2 submittals. Reviews after 2nd submittal and reviews of revisions to accepted submittals are $100.00 each.1.) Increase base rate to adjust review rate from $70 to $75/hour for all of development services bringing the fee to a total of $300.2.) Modification to the notes to remove additional fees for submittals after 2. 3.) Modification to the notes to remove revision fee. The Town does not receive revisions to a Letter of Map Revision (LOMR).Modify existing feeGeotechnical Report Per Report Per Application$280.00 $300.00Applies to first 2 submittals. Reviews after 2nd submittal and reviews of r Revisions to accepted submittals are $80 75 per submittal. Re Submittals to reconfirm expired report are not charged a review fee.1.) Increase base rate to adjust review rate from $70 to $75/hour for all of development services bringing the fee to a total of $300.2.) Decreased revisions from $80 to $75 to accurately reflect a 1 hour review time. 3.) Modification to the notes to remove additional fees for submittals after 2. Modify existing feeReview of Structural Calculations Per Report Per Report$560.00 $600.00Applies to first 2 submittals. Reviews after 2nd submittal and reviews of revisions to accepted submittals are $170.00 each.1.) Increase base rate to adjust review rate from $70 to $75/hour for all of development services bringing the fee to a total of $600.2.) Modification to the notes to remove additional fees for submittals after 2. 3.) Modification to the notes to remove revision fee. The Town has not received revisions to this type of review.Modify existing feeSubdivision Design Exception Report Per Report Per Application$140.00 $150.00Increase base rate to adjust review rate from $70 to $75/hour for all of development services bringing the fee to a total of $150.Modifications Cont.: Development ServicesMarana Regular Town Council Meeting March 15, 2022Page 230 of 234 10Proposed Action Fee DescriptionCurrent Unit of MeasureProposed Unit of MeasureCurrent Amount Proposed AmountNotes Basis for ChangeModify existing feeAssurances; Partial Release of Assurance Per Submittal$20.00 $150.00Increase to appropriately account for staff processing time, routing, inspecting, and preparing for recordation. This requires on average 2 hours of staff time to process and inspection.Modify existing feeFloodplain; Floodplain Use Permit Per Permit$100.00 $225.00Increase to cover the cost of review and inspections. 1 hour for office staff to process and review and 2 site visits at 1 hour each ($75 /hour).Modify existing feeTraffic Impact Analysis Study; Category II-III Per Report Per Application$560.00 $600.00Small to moderate development, 100-999 peak hour trips. Applies to first 2 submittals. Reviews after 2nd submittal and reviews of r Revisions to accepted submittals are $170 150 each.1.) Increase base rate to adjust review rate from $70 to $75/hour to align with other development services rates for consistency, bringing the fee to a total of $600.2.) Decrease revisions from $170 to $150 to accurately reflect a 2 hour review time.3.) Modification to the Fee Description to align with 2017 Transportation Impact Analysis Manual and split small/moderate developments from large/regional developments.4.) Modification to the notes to remove additional fees for submittals after 2. Modify existing feeStorm Water Pollution Prevention Plan (SWPPP) Per Plan Per Application$280.00 $150.00Applies to first 2 submittals and first inspection. Reviews after 2nd submittal are $80 per submittal. Includes review and first two inspections. See re-inspection fee for additional inspection fees.Arizona Department of Environmental Quality (ADEQ) Construction General Permit was modified to no longer require that the Town review and maintain the full Stormwater Pollution Prevention Plan (SWPP) book. Decrease to reflect the adjusted review time associated with this change to an average of 1 hour plus 1 inspections at $75 each.Modify existing feeGrading Plan Review Per Plan Per Application$400.00 + $95.00 / sheet $1,300.00Applies to first 2 submittals. Reviews after 2nd submittal and reviews of revisions to accepted submittals plans are 30% of original fee. Per submittal. Modification to the fee structure to a flat fee. Fee was previously calculated based on number of plan sheets. The flat fee will reduce errors and provide a more predictable fee estimate to customers.Modifications Cont.: Development ServicesMarana Regular Town Council Meeting March 15, 2022Page 231 of 234 11Proposed Action Fee DescriptionCurrent Unit of MeasureProposed Unit of MeasureCurrent Amount Proposed AmountNotes Basis for ChangeModify existing feeConstruction Plan Review Per Plan Type Per Application$400.00 + $95.00 / sheet $1,300.00Applies to first 2 submittals. Reviews after 2nd submittal and reviews of revisions to accepted submittals plans are 30% of original fee. per submittal. A separate fee is required for each plan review type including, but not limited to: paving, sewer, and utility plans.Modification to the fee structure to a flat fee. Fee was previously calculated based on number of plan sheets. The flat fee will reduce errors and provide a more predictable fee estimate to customers.Modify existing feeTraffic Impact Analysis; Category I StatementPer Statement Per Application$280.00 $300.00Traffic Statement, less then 100 peak hour trips. Applies to first 2 submittals. Reviews after 2nd submittal and reviews of r Revisions to accepted submittals are $80 75 each.1.) Increase base rate to adjust review rate from $70 to $75/hour to align with other development services rates for consistency, bringing the fee to a total of $300.2.) Decrease revisions from $80 to $75 to accurately reflect a 1 hour review time.3.) Modification to the Fee Description to align with 2017 Transportation Impact Analysis Manual.4.) Modification to the notes to remove additional fees for submittals after 2. Eliminate existing feeTemporary Use Permit; Administrative Process with Council ActionPer Submittal$500.00This process in longer supported per code updates to Title 17 adopted per Ord 2021.003.Eliminate existing feeReview of Miscellaneous Report Per Report$280.00Applies to first 2 submittals. Reviews after 2nd submittal and reviews of revisions to accepted submittals are $80.00 each.Removal of duplicate fee. Fee already exists for Development Services in the Planning section as "Miscellaneous Document and/or Report Review."Eliminate existing feeStorm Water Pollution Prevention Plan; Re-inspection Per Inspection$50.00Fee to re-inspect after failed inspection.Removal of duplicate fee. Re-inspection fee already exists for Development Services in the Building section as "Re-inspection Fee". This can be used for all of development services.Eliminations: Development ServicesModifications Cont.: Development ServicesMarana Regular Town Council Meeting March 15, 2022Page 232 of 234 12Proposed Action Fee DescriptionCurrent Unit of MeasureProposed Unit of MeasureCurrent Amount Proposed AmountNotes Basis for ChangeEliminate existing feeStorm Water Pollution Prevention Plan (SWPPP); review based on Town Template Per Plan$140.00Arizona Department of Environmental Quality (ADEQ) Construction General Permit was modified to no longer require that the Town review and maintain the full Stormwater Pollution Prevention Plan (SWPP) book and thus purchase of a template is no longer supported.Clarification of existing feeZoning Variance Request Per Submittal Per Submittal$550.00 $550.00Description change to clarify fee is for a zoning variance and not a Flood Plain Variance request.Clarification of existing feePools and Spas; Permit Fee Using Model Engineering Per Permit Per Permit$500.00 $500.00Permit fee for a residential pool that has pre-approved model engineering. Commercial or community pool fees based on valuation per Ord 2011.015.Note change to clarify that this fee applies to residential pools only.Clarification of existing feeRe-inspection Fee Per Inspection Per Inspection$75.00 $75.00Initial permit includes first and 2nd inspections.Currently used by building and for SWPPP inspections. Combine fee into one item and create a miscellaneous category for use by all 3 divisions within development services eliminating the need for duplicate items. Clarification of existing feeInspection After Normal Work Hours Per Hour Per Hour$75.00 $75.00$75 per hour with a minimum of two hours ($150). Applies to inspections performed before normal start time, after normal end time, on weekends or on holidays.Currently used by building. Adding the ability to be used for SWPPP inspections. Combine fee into one item and create a miscellaneous category for use by all 3 divisions within development services eliminating the need for duplicate items.Clarification of existing feePools and Spas; Permit Fee Without Model Engineering Per Permit Per Permit$550.00 $550.00Permit fee for a residential pool that does not have pre-approved model engineering. Commercial or community pool fees are based on valuation per Ord. 2011.015.Note change to clarify that this fee applies to residential pools only.Clarification of existing feePools and Spas; Pool Engineering Model Plan Review Per Application Per Application$200.00 $200.00Applies to residential pools only. Commercial or community pool fees are based on valuation per Ord. 2011.015.Add note to clarify that this fee applies to residential pools only.Clarifications: Development ServicesEliminations Cont.: Development ServicesMarana Regular Town Council Meeting March 15, 2022Page 233 of 234 13Proposed Action Fee DescriptionCurrent Unit of MeasureProposed Unit of MeasureCurrent Amount Proposed AmountNotes Basis for ChangeClarification of existing feeLicense Agreement See Note See Note$1,000.00 $1,000.00$1,000.00 + actual cost for appraisal and/or survey fees. Fee for new license agreements, landscaping exempt.Clarification of note, removing landscaping exemption. License agreements apply to landscaping in the Public Right-of-Way when installed and maintained by an entity other than the Town. Clarifications Cont.: Development ServicesMarana Regular Town Council Meeting March 15, 2022Page 234 of 234