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Special Council Meeting Agenda Packet 07-12-2022
MARANA TOWN COUNCIL SPECIAL COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, July 12, 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 July 12, 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 Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. Marana Special Town Council Meeting July 12, 2022 Page 1 of 124 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 382-1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, July 11, 2022, 6:00 PM, 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. SPECIAL COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA PROCLAMATIONS PR1 Proclamation recognizing the month of August as, "Child Support Awareness Month" (Cherry L. Lawson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS Marana Special Town Council Meeting July 12, 2022 Page 2 of 124 CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C1 Resolution No. 2022-070: Relating to Development; approving a Final Plat for Marana Center III, Lots 2-10 located east of Interstate 10 and southeast of Twin Peaks Road (Steve Cheslak) C2 Resolution No. 2022-071: Relating to Finance; approving and authorizing the Town Manager to execute an Intergovernmental Agreement between the Town of Marana and the City of Glendale for the use of the City of Glendale hosted and developed Glendale Tax Application (Yiannis Kalaitzidis) C3 Resolution No. 2022-072: Relating to the Police Department; approving and authorizing the Mayor to execute an Intergovernmental Agreement between Pima County and the Town of Marana for payment for the incarceration of municipal prisoners for the period of July 1, 2022 through June 30, 2023 (Jane Fairall) C4 Resolution No. 2022-073: Relating to the Water Department; approving and authorizing the submission of a grant application to the Bureau of Reclamation under the WaterSMART Grants: Water and Energy Efficiency Grants for Fiscal Year 2023 program and verifying certain information required under the program (Kristin Taft) C5 Resolution No. 2022-074: Relating to Public Works; approving and authorizing the Mayor to sign a public improvement participation agreement with Mandarina South, LLC for the construction of Mandarina Drainage Upsizing improvements as part of the Tangerine Road widening project (Jane Fairall) C6 Approval of the Council Study Session Meeting Minutes of June 28, 2022, the Regular Council Meeting Minutes of June 21, 2022, and the Special Council Meeting Minutes of June 21, 2022, (Cherry L. Lawson) LIQUOR LICENSES Marana Special Town Council Meeting July 12, 2022 Page 3 of 124 L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #010 Beer and Wine Store Liquor License submitted by Brenda E. Sallard on behalf of Family Dollar #27696, located at 11825 West Grier Road, Marana, AZ 85653 (Cherry L. Lawson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 PUBLIC HEARING: Ordinance No. 2022.010: Relating to Development; approving a modification of a rezoning condition of Marana Ordinance No. 2014.026, which created the Riverside at Silverbell Specific Plan, to delete a provision of the ordinance that required the developer to design and construct eastbound right-turn (deceleration) lanes at each of the project’s three driveways on Ina Road (Jane Fairall) ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). 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). Marana Special Town Council Meeting July 12, 2022 Page 4 of 124 ADJOURNMENT Marana Special Town Council Meeting July 12, 2022 Page 5 of 124 Council-Special Meeting PR1 Meeting Date:07/12/2022 To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Cherry L. Lawson, Town Clerk Date:July 12, 2022 Subject:Proclamation recognizing the month of August as, "Child Support Awareness Month" (Cherry L. Lawson) Attachments Proclamation, Child Support Awareness Month Marana Special Town Council Meeting July 12, 2022 Page 6 of 124 Marana Special Town Council Meeting July 12, 2022 Page 7 of 124 Council-Special Meeting C1 Meeting Date:07/12/2022 To:Mayor and Council From:Steven Cheslak, Principal Planner Date:July 12, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-070: Relating to Development; approving a Final Plat for Marana Center III, Lots 2-10 located east of Interstate 10 and southeast of Twin Peaks Road (Steve Cheslak) Discussion: Request Engineering & Environmental Consultants, Inc, is requesting approval of a final plat for Marana Center III, Lots 2-10, a nine-lot commercial subdivision that is a resubdivision of Lot 2 of the Marana Center Tract A, Lots 1 and 2 Final Plat, approximately 48 acres in size. On August 5, 2014, the Marana Town Council adopted Resolution No. 2014-073, approving a subdivision plat in the Marana Spectrum Specific Plan area, known as Marana Center Final Block Plat Parcels 1-5. On January 19, 2016, the Marana Town Council adopted Resolution No. 2016-003, approving a final plat for Marana Center Parcel 1 Re-subdivision, Tract A and Lots 1 and 2 of Marana Center Parcel 1. On December 7, 2021, the Marana Town Council adopted Resolution No. 2021-153, approving a final plat for Marana Center Tract A, Lots 1 and 2. The property owner is now proposing to re-subdivide Lot 2 of the Marana Center Tract A, Lots 1 and 2 Final Plat into nine lots to attract and facilitate commercial development. The proposed nine lot sizes are as follows: Lot Size (in Square Marana Special Town Council Meeting July 12, 2022 Page 8 of 124 Number Feet) 2 43,587 3 43,611 4 43,611 5 34,286 6 64,642 7 87,899 8 1,630,374 9 39,677 10 96,056 Location The proposed plat encompasses approximately 48 acres generally located east of Interstate 10 and southeast of Twin Peaks Road within the Marana Center commercial development. Zoning The plat area is located within the Marana Spectrum Specific Plan area. Access and Traffic Circulation The plat area has direct access from the three adjacent roadways: Twin Peaks Road, Marana Center Boulevard, and Linda Vista Boulevard. Utilities The subdivision will be served by Marana Water. Sewer service will be provided by Pima County Wastewater. Northwest Fire District, Tucson Electric Power, and Southwest Gas will provide their respective services. Staff Recommendation: Staff has reviewed the proposed final plat against the requirements of the Marana Spectrum Specific Plan, as well as the Marana Town Code and the Marana General Plan. The proposed plat is in substantial conformance with all required development regulations, and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2022-070, approving a Final Plat for Marana Center III, Lots 2-10. Attachments Resolution No. 2022-070 Final Plat Marana Special Town Council Meeting July 12, 2022 Page 9 of 124 Location Map Application Marana Special Town Council Meeting July 12, 2022 Page 10 of 124 Marana Resolution No. 2022-070 - 1 - MARANA RESOLUTION NO. 2022-070 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR MARANA CENTER III, LOTS 2-10 LOCATED EAST OF INTERSTATE 10 AND SOUTHEAST OF TWIN PEAKS ROAD WHEREAS, on May 6, 2014, the Marana Town Council adopted Ordinance No. 2014.010, approving the amended Marana Spectrum Specific Plan; and WHEREAS, on August 5, 2014, the Marana Town Council adopted Resolution No. 2014-073, approving a subdivision plat in the Marana Spectrum Specific Plan area, known as Marana Center Final Block Plat Parcels 1-5; and WHEREAS, on January 19, 2016, the Marana Town Council adopted Resolution No. 2016-003, approving a final plat for Marana Center Parcel 1 Re-subdivision Tract A and Lots 1 and 2 of Marana Center Parcel 1; and WHEREAS, on December 7, 2021, the Marana Town Council adopted Resolution No. 2021-153, approving a final plat for Marana Center Tract A, Lots 1 and 2; and WHEREAS EEC, Inc., representing the property owner, has applied for approval of a final plat for a nine lot commercial subdivision being a re-subdivision of Lot 2 of Marana Center Tract A, Lots 1 and 2 ; and WHEREAS the Mayor and Town Council, at its July 12, 2021 meeting, determined that the final plat for Marana Center III, Lots 2-10 should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the final plat for Marana Center III, Lots 2- 10, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 12th day of July 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Special Town Council Meeting July 12, 2022 Page 11 of 124 civil engineering ¥ land development surveying ¥ environmental services staking ¥ flood control and drainage transportation Engineering and Environmental Consultants, Inc. Tel 520.321.4625 | Fax 520.321.0333 555 E River Road | Tucson, Arizona 85704 Marana Special Town Council Meeting July 12, 2022 Page 12 of 124 D D D D civil engineering ¥ land development surveying ¥ environmental services staking ¥ flood control and drainage transportation Engineering and Environmental Consultants, Inc. Tel 520.321.4625 | Fax 520.321.0333 555 E River Road | Tucson, Arizona 85704 Marana Special Town Council Meeting July 12, 2022 Page 13 of 124 D D D D D D D D D D D D D civil engineering ¥ land development surveying ¥ environmental services staking ¥ flood control and drainage transportation Engineering and Environmental Consultants, Inc. Tel 520.321.4625 | Fax 520.321.0333 555 E River Road | Tucson, Arizona 85704 Marana Special Town Council Meeting July 12, 2022 Page 14 of 124 D D D D D D D civil engineering ¥ land development surveying ¥ environmental services staking ¥ flood control and drainage transportation Engineering and Environmental Consultants, Inc. Tel 520.321.4625 | Fax 520.321.0333 555 E River Road | Tucson, Arizona 85704 Marana Special Town Council Meeting July 12, 2022 Page 15 of 124 © Latitude Geographics Group Ltd. 0.3 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.3 Notes PRV2204-001 Marana Center III, Lots 2-10 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. 0.140 1:9,028 Location MapTown of Marana Planning Marana Town Limits Parcel Labels Parcels (Black) Marana Special Town Council Meeting July 12, 2022 Page 16 of 124 Development Services /maranaplanning@maranaAZ.gov 11555 West Civic Center Drive / Marana, AZ 85653 Ph (520) 382-2600 / Fax (520) 382-2641 / maranaAZ.gov PROJECT APPLICATION APPLICATION TYPE Annexation Development Plan Development Plan Package General Plan Amendment Rezone Minor Land Division Significant Land Use Change Conditional Use Permit Specific Plan Landscape Plan Native Plant Plan/Exception SWPP Variance Hydraulic Model Sewer Capacity Assurance Sign Program Plat Improvement Plan Report (Type): ______________Other: ___________________ PROJECT INFORMATION Project Name: Description of Project:Number of Lots: Parcel No.(s):Gross Area (Acres): Project Address: Ref. Project No.: CONTACT INFORMATION Owner:Contact Name: Address:City:State:Zip: Email:Phone No.: Applicant:Contact Name: Address:City:State:Zip: Email:Phone No.: Consultant/Engineer:Contact Name: Address:City:State:Zip: Email:Phone No.: OWNER/APPLICANT AUTHORIZATION I hereby certify that the information set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If applicant is not the owner, attach written authorization from the owner.) Applicant Name (PRINT)Signature Date FOR OFFICIAL USE ONLY Project No.______________________Date Received____________________Revision Date 03/29/2019 Marana Center Tract A Lots 2-10 Portion of Secs. 15 & 22, T-12-S, R-12-E, G&SRM 9 221-04-0380 47.836 6397 W. Linda Vista Blvd, Tucson, AZ 85742 PRV2109-002 VP Marana Investments, LLC Mark Ortman, Jr. 2502 E. Camelback Rd, #214 Phoenix AZ 85016 mark@vintagevp.com (602) 459-9924 EEC Bruce Brown 555 E. River Rd, Suite 301 Tucson AZ 85704 bbrown@eeccorp.com (520) 321-4625 EEC Bill Carroll 555 E. River Rd, Suite 301 Tucson AZ 85704 bcarroll@eeccorp.com (520) 321-4625 Bruce Brown Bruce Brown Digitally signed by Bruce Brown Date: 2022.03.28 12:04:43 -07'00'3/28/2022 Marana Special Town Council Meeting July 12, 2022 Page 17 of 124 Council-Special Meeting C2 Meeting Date:07/12/2022 To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:July 12, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-071: Relating to Finance; approving and authorizing the Town Manager to execute an Intergovernmental Agreement between the Town of Marana and the City of Glendale for the use of the City of Glendale hosted and developed Glendale Tax Application (Yiannis Kalaitzidis) Discussion: The Arizona Department of Revenue (DOR) collects and administers municipal privilege and transaction and use taxes for all Arizona cities and towns. DOR also provides each city or town access to data covering the amount of taxes reported and the amount of taxes distributed to each city or town. The City of Glendale has developed an application known as the Glendale Tax Application which allows for access and interaction with the Statewide Tax data supplied by DOR. The attached agreement will allow the Town of Marana to use the Glendale Tax Application for an annual subscription fee. The application will provide significant benefits to the Town through improved search functions, dashboards and automated notifications for the tax data furnished by DOR. Use of this application will allow staff to be more efficient in their duties and perform additional analysis on taxpayers and taxes collected. The application includes appropriate security and user access in compliance with DOR and state laws and regulations. Financial Impact: Marana Special Town Council Meeting July 12, 2022 Page 18 of 124 Fiscal Year:FY2023 Budgeted Y/N:Y Amount:$7,000 Budget capacity in available in the Finance Department budget for fiscal year 2023. Of the total cost of $7,000, $2,000 is for a one-time onboarding fee and $5,000 will be an annual ongoing cost. Staff Recommendation: Staff recommends approval of the IGA. Suggested Motion: I move to adopt Resolution 2022-071, approving and authorizing the Town Manager to execute an Intergovernmental Agreement between the Town of Marana and the City of Glendale for the use of the City of Glendale hosted and developed Glendale Tax Application. Attachments Resolution No. 2022-071 Exhibit A to Resolution Marana Special Town Council Meeting July 12, 2022 Page 19 of 124 - 1 - Marana Resolution No. 2022-071 MARANA RESOLUTION NO. 2022-071 RELATING TO FINANCE; APPROVING AND AUTHORIZING THE TOWN MAN- AGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE CITY OF GLENDALE FOR THE USE OF THE CITY OF GLENDALE HOSTED AND DEVELOPED GLENDALE TAX APPLICATION. WHEREAS the Town of Marana and the City of Glendale desire to enter into an agreement to provide for payment by the Town to the City of Glendale for use of the Glendale Tax Application; and WHEREAS the Glendale Tax Application enhances access to and interaction with tax data supplied by the Arizona Department of Revenue through improved search func- tions, dashboards, and automated notifications; and WHEREAS use of the Glendale Tax Application will allow Town staff to more ef- ficiently perform their duties and perform additional analysis on taxpayers and taxes col- lected; and WHEREAS the parties 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, approving the intergovernmental agreement between the City of Glendale and the Town of Marana for use of the Glendale Tax Applica tion, at- tached to this resolution as Exhibit A, and authorizing the Town Manager to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. Marana Special Town Council Meeting July 12, 2022 Page 20 of 124 - 2 - Marana Resolution No. 2022-071 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 12th day of July, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Special Town Council Meeting July 12, 2022 Page 21 of 124 00082212.DOCX /1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GLENDALE AND THE TOWN OF MARANA THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement” or “IGA”) is entered into this 12th day of July, 2022, pursuant to Arizona Revised Statutes (ARS) §11- 952, between the City of Glendale ("GLENDALE") acting by and through its city council and the Town of Marana ("MARANA"), acting by and through its town council. ARS. §42- 6001 establishes that the Arizona Department of Revenue (“DOR”) will collect and administer municipal privilege, transaction and use taxes ("Taxes") for all Arizona cities and towns. As part of their administration of the Taxes, DOR shall provide each city or town access to data covering the amount of Taxes reported and the amount of Taxes distributed to that specific city and town. The purpose of this Agreement is to provide GLENDALE the mechanism to allow other cities and towns to cooperatively use the GLENDALE hosted and developed GLENDALE TAX APPLICATION ("TAX APP") to access and interact with the Statewide Tax data supplied by DOR. RECITALS 1.GLENDALE is authorized to enter into intergovernmental agreements by Arizona Revised Statutes§ 11-951, et seq., and the disclosure of information relating to State Taxes and Municipal Taxes is governed by A.R.S. § 42-2001, et seq., and by Model City Tax Code § 510. Exhibit A to Marana Resolution No. 2022-071 Marana Special Town Council Meeting July 12, 2022 Page 22 of 124 00082212.DOCX /1 2. MARANA is authorized by Arizona Revised Statutes§ 11-951, et seq., and the disclosure of information relating to State Taxes and Municipal Taxes is governed by A.R.S. § 42-2001, et seq., and by Model City Tax Code § 510. 3. This Agreement establishes the structure whereby other cities and towns access the TAX APP for an annual subscription fee. THEREFORE, in consideration of the mutual agreements expressed in this Agreement, it is agreed as follows: I. SCOPE OF AGREEMENT 1. TAX APP provides searches, dashboards, and automated notifications for the municipal tax data furnished by DOR. 2. MARANA agrees GLENDALE will maintain, upgrade, and administer the TAX APP. 3. MARANA will work with GLENDALE to establish role-based access control permissions for each user in the TAX APP. 4. All MARANA users must have MARANA access credentials in order to be granted permissions to use the TAX APP. This requires that users have the appropriate background checks from their organizations that meet or exceed screening requirements established by ARS §41-4401. 5. Support services will be provided via GLENDALE’s customer portal. Exhibit A to Marana Resolution No. 2022-071 Marana Special Town Council Meeting July 12, 2022 Page 23 of 124 00082212.DOCX /1 6. Outages due to scheduled or emergency network, software and/or hardware maintenance will be broadcast to authorized users in advance. 7. Any failure to follow GLENDALE’s acceptable use policy of the TAX APP may result in revocation of the access to the TAX APP. 8. Municipal tax data hosted by GLENDALE and presented in the TAX APP is confidential information and may not be distributed or copied except as permitted by ARS §42-2003. The data sources are furnished by the DOR and are considered confidential information as defined in ARS §42-2001. GLENDALE does not control and cannot guarantee the relevance, timeliness, or accuracy of this data and provides no warranty, expressed or implied, as to the accuracy, reliability or completeness of furnished data, and MARANA releases GLENDALE from any liability related to the data. Data types include but may not be limited to the information detailed set forth in Appendix B in the respective intergovernmental agreement with the State of Arizona and MARANA. 9. The TAX APP supports the security model listed below. Each jurisdiction will select a security profile below for each user designated for TAX APP access. MARANA acknowledges each individual user should be assigned the least privileged access needed depending on their job duties. MARANA also acknowledges information obtained from DOR, and displayed by GLENDALE, is confidential information and may only be disclosed as authorized by ARS§ 42-2003. Role Role Description Exhibit A to Marana Resolution No. 2022-071 Marana Special Town Council Meeting July 12, 2022 Page 24 of 124 00082212.DOCX /1 City Admin - Add, update, and suspend user accounts - View city employee activity logs - Search, view, and interact with DOR data City User - Search, view, and interact with DOR data 10. MARANA City admin user will suspend employee access and notify GLENDALE within 1 business day of employee termination, reassignment, or departure. 11. Compensation. MARANA shall pay GLENDALE as defined in the Compensation Schedule, which is attached hereto as Exhibit A. MARANA will be billed by GLENDALE, in advance of its access to the TAX APP. Payments shall be due thirty (30) days from the invoice date. II. MISCELLANEOUS PROVISIONS 1. This Agreement shall become effective on the date of execution and shall continue in full force and effect for one (1) year. The Agreement will renew automatically unless one of the parties notifies the other no later than thirty (30) days prior to the expiration of the term that the party wishes not to renew the Agreement. 2. MARANA or GLENDALE may cancel with this Agreement at any time without penalty or further obligation, as long as the party wishing to cancel the Agreement gives the Exhibit A to Marana Resolution No. 2022-071 Marana Special Town Council Meeting July 12, 2022 Page 25 of 124 00082212.DOCX /1 other party at least ninety (90) calendar days advance written notice of its intention to cancel. No pro-rata refund will be returned. 3. This Agreement is subject to the cancellation provisions of ARS §38-511. 4. Cancellation pursuant to either Paragraphs 2 or 3 above shall be effective when written notice from the chief executive officer of one city/town is received by the other party to this Agreement, unless the notice specifies a later time. 5. To the extent permitted by law, each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) whether direct or indirect (hereinafter collectively referred to as "Claims") arising out of TAX APP use, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. 6. MARANA acknowledges that GLENDALE is not responsible for the security practices of MARANA, and consequently MARANA releases and holds harmless GLENDALE for any liability and/or damages that emerge from a data breach that occurs as a result of MARANA’s security practices or was otherwise caused by or was the fault of MARANA. 7. MARANA and GLENDALE both have an intergovernmental agreement with the State of Arizona whereby each obtains taxpayer information from the State subject to the Exhibit A to Marana Resolution No. 2022-071 Marana Special Town Council Meeting July 12, 2022 Page 26 of 124 00082212.DOCX /1 conditions set forth in the intergovernmental agreement, including those pertaining to confidentiality as defined in ARS §42-2001, and that confidential information may not be disclosed except as provided by statute, ARS §42-200l(B). To the extent that information being utilized by MARANA and hosted by GLENDALE may have been obtained initially from the State, each agrees to abide by the terms and conditions set forth in their respective intergovernmental agreements with the State of Arizona. 8. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: TOWN OF MARANA Finance Department Attn: Finance Director 11555 W Civic Center Dr. Marana, AZ 85653 CITY OF GLENDALE Budget and Finance Department, Tax & License Division Attn: Tax and License Manager 5850 W. Glendale Avenue, Suite 104 Glendale, AZ 85301 9. This Agreement contains the entire understanding between the parties, and no statements, promises or inducements made by either party, their agents or employees that are not contained herein shall be valid or binding. This Agreement may not be altered except in writing and signed by each party hereto. 10. The failure to exercise any right, power or privilege under this Agreement shall not constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of that or any right, power or privilege. Exhibit A to Marana Resolution No. 2022-071 Marana Special Town Council Meeting July 12, 2022 Page 27 of 124 00082212.DOCX /1 11. In the event that any provision, or any portion of any provision, of this Agreement is held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall have no effect on the remaining portion of any provision or any other provision which can be given effect without the invalid provision and to this end the provisions of this Agreement shall be deemed to be severable. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. “Marana” “Glendale” The Town of Marana City of Glendale By: ______________________ By: ____________________ Terry Rozema, Town Manager Kevin Phelps, City Manager Date: _________________ Date: _________________ Attest: Attest: By: ______________________ By: ____________________ Its: Clerk Its: Clerk Exhibit A to Marana Resolution No. 2022-071 Marana Special Town Council Meeting July 12, 2022 Page 28 of 124 00082212.DOCX /1 ATTORNEY CERTIFICATION The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, 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 Intergovernmental Agreement represented by the undersigned. ____________________________ _________________________________ Jane Fairall Attorney, City of Glendale Attorney, Town of Marana Exhibit A to Marana Resolution No. 2022-071 Marana Special Town Council Meeting July 12, 2022 Page 29 of 124 00082213.DOCX /1 EXHIBIT A Compensation Schedule 1. MARANA will be billed $5,000 on September 1st of each year. The invoice is due thirty (30) days from the invoice date. 2. MARANA will be billed a one-time onboarding fee of $2,000 on September 1, 2022. The invoice is due thirty (30) days from the invoice date. Exhibit A to Marana Resolution No. 2022-071 Marana Special Town Council Meeting July 12, 2022 Page 30 of 124 Council-Special Meeting C3 Meeting Date:07/12/2022 To:Mayor and Council From:Jane Fairall, Town Attorney Date:July 12, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-072: Relating to the Police Department; approving and authorizing the Mayor to execute an Intergovernmental Agreement between Pima County and the Town of Marana for payment for the incarceration of municipal prisoners for the period of July 1, 2022 through June 30, 2023 (Jane Fairall) Discussion: For many years, the Town of Marana and Pima County have had an intergovernmental agreement (IGA) which sets forth a fee schedule for the payment of the costs associated with the incarceration of Town municipal prisoners at the Pima County Jail. The IGA typically expires at the end of each fiscal year. The proposed IGA is for the time period of July 1, 2022 through June 30, 2023. Under the IGA, the Town's costs for the first day of prisoner incarceration would decrease from $422.73 to $401.17, and the rate for each additional day thereafter will decrease from $123.90 per day to $107.43 per day. . Financial Impact: Fiscal Year:2023 Budgeted Y/N:Y Amount:$238,500 Marana Special Town Council Meeting July 12, 2022 Page 31 of 124 Funds are budgeted in the General Fund Police Department budget.The financial impact of this increase will depend on the number of people booked during the fiscal year. Based upon trend, staff reasonably expects for there to be adequate budget capacity for this IGA. Staff Recommendation: Staff recommends approval of the IGA. Suggested Motion: I move to adopt Resolution No. 2022-072, approving and authorizing the Mayor to execute an Intergovernmental Agreement between Pima County and the Town of Marana for payment for the incarceration of municipal prisoners for the period of July 1, 2022 through June 30, 2023. Attachments Resolution No. 2022-072 Exhibit A - IGA Marana Special Town Council Meeting July 12, 2022 Page 32 of 124 Resolution No. 2022-072 MARANA RESOLUTION NO. 2022-072 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR PAYMENT FOR THE INCAR- CERATION OF MUNICIPAL PRISONERS FOR THE PERIOD OF JULY 1, 20 22 THROUGH JUNE 30, 2023 WHEREAS the Town of Marana and Pima County desire to enter into an agree- ment to provide for payment by the Town for the costs of incarcerating Town municipal prisoners at the Pima County Adult Detention Center (PCADC); and WHEREAS the parties 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, approving the intergovernmental agreement for the incar- ceration of municipal prisoners for the period of July 1 , 2022 through June 30, 2023, at- tached to this resolution as Exhibit A, and authorizing the Mayor to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 12th day of July, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Special Town Council Meeting July 12, 2022 Page 33 of 124 Exhibit A to Marana Resolution No. 2022-072 Marana Special Town Council Meeting July 12, 2022 Page 34 of 124 Exhibit A to Marana Resolution No. 2022-072 Marana Special Town Council Meeting July 12, 2022 Page 35 of 124 Exhibit A to Marana Resolution No. 2022-072 Marana Special Town Council Meeting July 12, 2022 Page 36 of 124 Exhibit A to Marana Resolution No. 2022-072 Marana Special Town Council Meeting July 12, 2022 Page 37 of 124 Exhibit A to Marana Resolution No. 2022-072 Marana Special Town Council Meeting July 12, 2022 Page 38 of 124 Exhibit A to Marana Resolution No. 2022-072 Marana Special Town Council Meeting July 12, 2022 Page 39 of 124 Exhibit A to Marana Resolution No. 2022-072 Marana Special Town Council Meeting July 12, 2022 Page 40 of 124 Exhibit A to Marana Resolution No. 2022-072 Marana Special Town Council Meeting July 12, 2022 Page 41 of 124 Exhibit A to Marana Resolution No. 2022-072 Marana Special Town Council Meeting July 12, 2022 Page 42 of 124 Council-Special Meeting C4 Meeting Date:07/12/2022 To:Mayor and Council From:Kristin Taft, Grants Manager Date:July 12, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-073: Relating to the Water Department; approving and authorizing the submission of a grant application to the Bureau of Reclamation under the WaterSMART Grants: Water and Energy Efficiency Grants for Fiscal Year 2023 program and verifying certain information required under the program (Kristin Taft) Discussion: The Water Department has identified a grant opportunity that will allow for the replacement of double the amount of meters - approximately 1,848 additional meters - budgeted for FY23-25. The application process requires the Town Council to adopt a resolution verifying the following: • The identity of the official with legal authority to enter into an agreement; • The Town Council or appropriate official who has reviewed and supports the application submitted; and • That the Town will work with the Bureau of Reclamation to meet established deadlines for entering into a grant or cooperative agreement. If adopted, this resolution will verify the foregoing information and authorize the Town to submit the grant application. Financial Impact: Fiscal Year:2023-2025 Marana Special Town Council Meeting July 12, 2022 Page 43 of 124 Budgeted Y/N: NA Amount:NA The anticipated application request amount will be $739,200, which is equal to the amount budgeted in the water operating fund. This resolution is required to submit the application. If approved, budget capacity will be made available from Fund 2015, Grants fund, where the Town has available capacity for such grant requests. Staff Recommendation: Staff recommends approval of Resolution No. 2022-073. Suggested Motion: I move to adopt Resolution No. 2022-073; approving and authorizing the submission of a grant application to the Bureau of Reclamation under the WaterSMART Grants: Water and Energy Efficiency Grants for Fiscal Year 2023 program and verifying certain information required under the program. Attachments Resolution No. 2022-073 Marana Special Town Council Meeting July 12, 2022 Page 44 of 124 - 1 - 00082245.DOCX /1 Resolution No. 2022-073 MARANA RESOLUTION NO. 2022-073 RELATING TO THE WATER DEPARTMENT; APPROVING AND AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE BUREAU OF RECLAMATION UNDER THE WATERSMART GRANTS: WATER AND ENERGY EFFICIENCY GRANTS FOR FISCAL YEAR 2023 PROGRAM AND VERIFYING CERTAIN INFORMATION REQUIRED UNDER THE PROGRAM WHEREAS the Town of Marana desires to apply for a WaterSMART Grant provided by the United States Bureau of Reclamation, Notice of Funding Opportunity No. R23AS00008 (NOFO No. R23AS00008), in the amount of approximately $739,200 to assist the Town in replacing approximately 1,848 water meters; and WHEREAS subsection D.2.2.12 of NOFO No. R23AS00008 requires the Town to include with its grant application a resolution adopted by the Marana Town Council verifying: (1) the identity of the official with legal authority to enter into an agreement, (2) the Town Council or an appropriate official who has reviewed and supports the application submitted, and (3) that the Town will work with t he Bureau of Reclamation to meet established deadlines for entering into an agreement; and WHEREAS the Mayor and Council feel it is in the best interests of the Town and its citizens to apply for the WaterSMART Grant and to verify the required information in furtherance of the grant application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town hereby verifies the following: (1) the Town Manager is authorized to enter into an agreement for and on behalf of the Town of Marana for purposes of this grant opportunity, (2) the Town of Marana Water Director has reviewed and supports the application that will be finalized and submitted to the Bureau of Reclamation by the submission deadline and (3) the Town of Marana will work with the United States Bureau of Reclamation to meet established deadlines for entering into a grant or cooperative agreement. IT IS FURTHER RESOLVED that the submission of a grant application to the Bureau of Reclamation under the WaterSMART Grants: Water and Energy Efficiency Grants for Fiscal Year 2023 program is hereby approved and authorized and that the Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the grant application. Marana Special Town Council Meeting July 12, 2022 Page 45 of 124 - 2 - 00082245.DOCX /1 Resolution No. 2022-073 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 12th day of July, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Special Town Council Meeting July 12, 2022 Page 46 of 124 Council-Special Meeting C5 Meeting Date:07/12/2022 To:Mayor and Council From:Jane Fairall, Town Attorney Date:July 12, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-074: Relating to Public Works; approving and authorizing the Mayor to sign a public improvement participation agreement with Mandarina South, LLC for the construction of Mandarina Drainage Upsizing improvements as part of the Tangerine Road widening project (Jane Fairall) Discussion: The Town of Marana has entered into a design contract with Psomas, Inc. (“Psomas”) for the design of the Tangerine Road widening project between Interstate 10 and Dove Mountain Boulevard/Twin Peaks Road, Town of Marana Project No. ST098 (the “Road Project”). Mandarina South, LLC ("Mandarina") owns approximately 49 acres of land located northeast of the Interstate 10 and Tangerine Road traffic interchange bearing Pima County Assessor’s Parcel numbers 218-49-003C, 218-49-003D, 218-49-003E, 218-49-004A, 218-49-004B, 218-49-007E, and 218-49-007F (the “Subject Property”). Mandarina soon plans to construct drainage channels on and around the Subject Property, and to accommodate Mandarina’s drainage needs, Mandarina needs Marana’s Road Project to include a wider drainage channel along Tangerine Road and two upsized concrete box culverts (the “Mandarina Drainage Upsizing”). Design of the Road Project is currently underway and the Town anticipates procuring a construction manager at risk (“CMAR”) to construct the Road Project at the appropriate time. The parties believe that the most economical and least disruptive way to accomplish the prompt construction of the Mandarina Drainage Upsizing is for the parties to arrange to have its design done by Psomas in connection with the design of the Road Project, and its construction to be completed with construction of the Road Marana Special Town Council Meeting July 12, 2022 Page 47 of 124 of the Road Project, and its construction to be completed with construction of the Road Project by Marana’s CMAR. Psomas has provided the parties with a proposed price of $23,350.00 for the design of the Mandarina Drainage Upsizing. Additionally, Psomas has provided the Parties with an estimate for construction of the Mandarina Drainage Upsizing of approximately $73,120.00. The purpose of the proposed agreement is to facilitate Marana’s design and construction of the Mandarina Drainage Upsizing as part of the Road Project with design and construction funding provided by Mandarina. Under the terms of the agreement, Mandarina will make a cash deposit of $23,350.00 for the estimated design costs to the Town with within 7 days of the effective date of the agreement. Mandarina will make a second cash deposit in the amount of $73,120.00, the estimated amount for construction, within 7 days after the Town gives Mandarina written notice that it has approved a Guaranteed Maximum Price (GMP) for roadway construction costs from the CMAR. No later than 30 days after substantial completion of the Mandarina Drainage Upsizing, the Town will provide to Mandarina an itemized statement of Marana’s Mandarina Drainage Upsizing construction costs and a check or invoice representing the difference between Marana’s Mandarina Drainage Upsizing construction costs and Mandarina’s cash deposits. If Mandarina’s cash deposit was insufficient to cover Mandarina’s obligations under this Agreement, Mandarina will pay Marana the balance of the Mandarina Drainage Upsizing construction costs as set forth in the invoice within 30 days after the itemized statement and invoice are provided to Mandarina. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. Financial Impact: No financial impact to the Town is anticipated due to this agreement, as Mandarina will pay for all costs associated with the drainage upsizing improvements. Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2022-074, approving and authorizing the Mayor to execute a Public Improvement Participation Agreement for the construction of the Mandarina Drainage Upsizing as part of the Tangerine Road widening project. Attachments Resolution No. 2022-074 Exhibit A - Public Improvement Participation Agreement Marana Special Town Council Meeting July 12, 2022 Page 48 of 124 00082078.DOCX /1 Resolution No. 2022-074 - 1 - MARANA RESOLUTION NO. 2022-074 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT WITH MANDARINA SOUTH, LLC FOR THE CONSTRUCTION OF MANDARINA DRAINAGE UPSIZING IMPROVEMENTS AS PART OF THE TANGERINE ROAD WIDENING PROJECT WHEREAS the Town has entered into a design contract with Psomas, Inc. for the design of the Tangerine Road widening project between Interstate 10 and Dove Mountain Boulevard/Twin Peaks Road, Town of Marana Project No. ST098 (the “Road Project”); and WHEREAS Mandarina South, LLC (“Mandarina”) owns approximately 49 acres of land located northeast of the Interstate 10 and Tangerine Road traffic interchange bearing Pima County Assessor’s Parcel numbers 218-49-003C, 218-49-003D, 218-49-003E, 218-49-004A, 218-49-004B, 218-49-007E, and 218-49-007F (the “Subject Property”); and WHEREAS Mandarina soon plans to construct drainage channels on and around the Subject Property, and to accommodate Mandarina’s drainage needs, M andarina needs Marana’s Road Project to include a wider drainage channel along Tangerine Road and two upsized concrete box culverts (the “Mandarina Drainage Upsizing”); and WHEREAS Town staff has negotiated an agreement with Mandarina to assure payment of all costs associated with the construction of the Mandarina Drainage Upsizing as part of the Road Project; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the public improvement participation agreement for the construction of the Mandarina Drainage Upsizing as part of the Road Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the public improvement participation agreement with Mandarina South, LLC for the construction of the Mandarina Drainage Upsizing as part of the Road Project, in substantially the form attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Mayor is authorized to sign it for and on behalf of the Town of Marana. Marana Special Town Council Meeting July 12, 2022 Page 49 of 124 00082078.DOCX /1 Resolution No. 2022-074 - 2 - IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 12th day of July, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Special Town Council Meeting July 12, 2022 Page 50 of 124 00081920.DOCX /1 6/20/2022 MANDARINA/MARANA TANGERINE ROAD PIPA -1 - Exhibit A to Marana Resolution No. 2022-074 PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT TOWN OF MARANA, ARIZONA This Public Improvement Participation Agreement (this “Agreement”) is made and entered into by and between MANDARINA SOUTH, LLC (“Mandarina”), an Arizona limited liability company, and the TOWN OF MARANA (“Marana”), an Arizona municipal corporation. Mandarina and Marana are sometimes collectively referred to in this Agreement as the “Parties,” either of which is sometimes referred to as a “Party.” RECITALS A. Marana has entered into a design contract with PSOMAS, INC. (“Psomas”) for the design of the Tangerine Road widening project between Interstate 10 and Dove Mountain Boulevard/Twin Peaks Road, Town of Marana Project No. ST098 (the “Road Project”). B. Mandarina owns approximately 49 acres of land located northeast of the Interstate 10 and Tangerine Road traffic interchange bearing Pima County Assessor’s Parcel numbers 218-49-003C, 218-49-003D, 218-49-003E, 218-49-004A, 218-49-004B, 218-49-007E, and 218-49-007F and referred to in this Agreement as the “Subject Property.” C.Mandarina soon plans to construct drainage channels on and around the Subject Property, and to accommodate Mandarina’s drainage needs, Mandarina needs Marana’s Road Project to include a wider drainage channel along Tangerine Road and two upsized concrete box culverts (the “Mandarina Drainage Upsizing”). D.Design of the Road Project is currently underway. The Town anticipates procuring a construction manager at risk (“CMAR”) to construct the Road Project at the appropriate time. E.The Parties believe that the most economical and least disruptive way to accomplish the prompt construction of the Mandarina Drainage Upsizing is for the Parties to arrange to have its design done by Psomas in connection with the design of the Road Project, and its construction to be completed with construction of the Road Project by Marana’s CMAR. F.Psomas has provided the Parties with a proposed price of $23,350.00 for the design of the Mandarina Drainage Upsizing. Additionally, Psomas has provided the Parties with an estimate for construction of the Mandarina Drainage Upsizing of approximately $73,120.00. A true and correct copy of Psomas’ proposal/estimate is attached to and incorporated in this Agreement as Exhibit A. G.The purpose of this Agreement is to facilitate Marana’s design and construction of the Mandarina Drainage Upsizing as part of the Road Project with design and construction funding provided by Mandarina. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into this Agreement, the Parties agree as follows: Marana Special Town Council Meeting July 12, 2022 Page 51 of 124 00081920.DOCX /1 6/20/2022 MANDARINA/MARANA TANGERINE ROAD PIPA -2 - Exhibit A to Marana Resolution No. 2022-074 1. Depiction of the Mandarina Drainage Upsizing. The Mandarina Drainage Upsizing depiction attached as Exhibit B shows the nature and extent of the work to be done by the CMAR pursuant to this Agreement, which Marana and Psomas shall incorporate into the Road Project design. 2. Grant of right of entry and temporary construction easement. Mandarina hereby grants Marana, Psomas and Marana’s CMAR a right of entry and temporary construction easement over the Subject Property, to accommodate construction of those portions of the Mandarina Drainage Upsizing located on the Subject Property. 3. Mandarina’s obligation to pay design and construction costs for the Mandarina Drainage Upsizing. Mandarina shall pay all design and construction costs associated with the construction of the Mandarina Drainage Upsizing. Marana and Psomas agree that the design costs for the design of the Mandarina Drainage Upsizing are anticipated to be $23,350.00, as itemized and attached to this Agreement as Exhibit A. Marana and Psomas agree that the construction costs for the construction and installation of the Mandarina Drainage Upsizing are anticipated to be $73,120.00, as itemized and attached to this Agreement as Exhibit A. Marana and Psomas anticipate that the construction and installation of the Mandarina Drainage Upsizing will be substantially completed by the date the Road Project is completed. 4. Cash deposits to secure Mandarina’s obligations under this Agreement. Mandarina’s obligations under this Agreement, including without limitation Mandarina’s obligations under paragraph 3 above, shall be secured by two cash deposits to Marana. The first cash deposit in the amount of $23,350.00, referred to in this Agreement as “Mandarina’s Design Cash Deposit” shall be due and payable to Marana within 7 days of the Effective Date of this Agreement. The second cash deposit in the amount of $73,120.00, referred to in this Agreement as “Mandarina’s Construction Cash Deposit” shall be due and payable to Marana within 7 days after Mandarina’s receipt of written notice from Marana that it has approved a Guaranteed Maximum Price (GMP) for roadway construction costs from the CMAR. Collectively, Mandarina’s Design Cash Deposit and Mandarina’s Construction Cash Deposit are referred to in this Agreement as “Mandarina’s Cash Deposit.” 5. Reconciliation and final payment. No later than 30 days after substantial completion of the Mandarina Drainage Upsizing, Marana shall provide to Mandarina an itemized statement of Marana’s Mandarina Drainage Upsizing construction costs and a check or invoice representing the difference between Marana’s Mandarina Drainage Upsizing construction costs and Mandarina’s Cash Deposit. If Mandarina’s Cash Deposit was insufficient to cover Mandarina’s obligations under this Agreement, Mandarina shall pay Marana the balance of the Mandarina Drainage Upsizing construction costs as set forth in the invoice within 30 days after the itemized statement and invoice are provided to Mandarina. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. 6.Recording. This Agreement shall not be recorded. 7.Notices. All notices shall be in writing and shall be sufficiently given and served upon the other Party by electronic mail, receipt of which has been acknowledged by the other Party, or by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows: Marana Special Town Council Meeting July 12, 2022 Page 52 of 124 Exhibit A to Marana Resolution No. 2022-074 00081920.DOCX /1 6/20/2022 MANDARINA/MARANA TANGERINE ROAD PIPA -3 - Mandarina: MANDARINA SOUTH, LLC Attn: [Insert address] Marana: TOWN OF MARANA c/o Marana Legal Department 11555 West Civic Center Drive Marana, AZ 85653 8.Governing law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. 9.Court costs and reasonable attorneys’ fees to prevailing Party in dispute. If a Party fails to perform any of its obligations under this Agreement, or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the prevailing Party shall be entitled to its reasonable attorneys’ fees and costs determined pursuant to A.R.S. § 12-341.01. 10.Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 11.Cancellation for conflicts. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 12.Counterparts. This Agreement may be executed in any number of counterparts. Each counterpart shall be deemed an original, but all counterparts shall constitute but one agreement. 13.Effective Date of Agreement. The date of this Agreement (the “Effective Date”) shall for all purposes be the date of the Mayor’s signature on this Agreement. Marana Special Town Council Meeting July 12, 2022 Page 53 of 124 Exhibit A to Marana Resolution No. 2022-074 00081920.DOCX /1 6/20/2022 MANDARINA/MARANA TANGERINE ROAD PIPA -4 - Mandarina: MANDARINA SOUTH, LLC, an Arizona limited liability company By: KDL INVESTMENTS, LLC, an Arizona limited liability company, its sole Member By: Karl N. Huish, Manager Date: Marana: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney STATE OF ARIZONA ) ) ss. County of ________ ) The foregoing instrument was acknowledged before me this ____ day of __________________, 2022, by Karl N. Huish, Manager of KDL INVESTMENTS, LLC, an Arizona limited liability company, sole Member of MANDARINA SOUTH, LLC, an Arizona limited liability company, on behalf of MANDARINA SOUTH, LLC. (Seal) Notary Public Marana Special Town Council Meeting July 12, 2022 Page 54 of 124 ST098 - Mandarina South Channel Upsizing Cost Breakdown Bid Item #Item Description UNIT QUANTITY UNIT PRICE AMOUNT 2030401 EXCAVATION (ADDL 6'-8' CHANNEL WIDTH)CY 656 7.50$ 4,920.00$ 60101XX UPSIZE WEST TRICO CBC (1 ADDL 10'x5' CELL)LF 60 550.00$ 33,000.00$ 60101XX UPSIZE EAST TRICO CBC (1 ADDL 10'x5' CELL)LF 64 550.00$ 35,200.00$ 73,120.00$ 1,740.00$ 3,654.00$ 4,956.00$ 13,000.00$ 96,470.00$ Subtotal Psomas GRAND TOTAL CMGDesign Costs Expended to Date on Evaluation of Impacts Psomas CMGFuture Design Costs Needed to Incorporate to Reports/Plans Exhibit A to Public Improvement Participation Agreement Mandarina/Marana Tangerine Road Marana Special Town Council Meeting July 12, 2022 Page 55 of 124 ⅊⅊⅊⅊⅊⅊⅊ MANDARINA CHANNELS A D O N I S R D MANDARINARDTANGERINE RD TRICO NEW RCBC CULVERT BY TOWN CHANNEL CONSTRUCTION AND NEW RCBC CULVERT BY TOWN NEW RCBC CULVERT BY TOWN NEW RCBC CULVERT BY TOWN PROJECT BOUNDARY CHANNEL CONSTRUCTION BY TRICO CHANNEL CONSTRUCTION AND NEW RCBC CULVERT BY TOWN I- 1 0 1177' 4349' 479' 1152' 5.2 Ac 138.1 Ac 33.8 Ac 3276' 1279' 0.6 Ac 1.3 Ac 0.2 Ac 0.8 Ac EXISTING MANDARINA CHANNELS PROPOSED MANDARINA SOUTH CHANNELS TANGERINE RD PROJECT CHANNELS TRICO CHANNEL NEW RCBC CULVERTS BENEFIT AREA RIGHT OF WAY AREA LEGEND Project: Date: ALTERNATIVE 2 - CONCEPT PLAN FOR TANGERINE RD AND MANDARINA SOUTH CHANNELS21-049 05/02/2022 00 600'1200' SCALE: 1" = 600'Exhibit B to Public Improvement Participation Agreement Mandarina/Marana Tangerine Road Marana Special Town Council Meeting July 12, 2022 Page 56 of 124 Council-Special Meeting C6 Meeting Date:07/12/2022 To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Cherry L. Lawson, Town Clerk Date:July 12, 2022 Subject:Approval of the Council Study Session Meeting Minutes of June 28, 2022, the Regular Council Meeting Minutes of June 21, 2022, and the Special Council Meeting Minutes of June 21, 2022, (Cherry L. Lawson) Attachments Council Study Session Meeting Summary Minutes, 06/28/2022 Regular Council Meeting Summary Minutes, 06/21/2022 Special Council Meeting Summary Minutes, 06/21/2022 Marana Special Town Council Meeting July 12, 2022 Page 57 of 124 Council Study Session Meeting Summary Minutes June 28, 2022, P a g e | 1 MARANA TOWN COUNCIL STUDY SESSION 11555 W. Civic Center Drive, Marana, Arizona 85653 Second Floor Conference Center, June 28, 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 6:01 PM and directed the Clerk to call the roll. Mayor Honea, Vice Mayor Post, Council Members: Jackie Craig, Patti Comerford, Roxanne Ziegler (Excused), John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Vice Mayor Post, moved and Council Member Officer second the motion to approve the agenda with the removal of Item C1 from the agenda due to the County and the applicant not being ready to move forward. Motion passes, 6-0. CONSENT AGENDA Marana Special Town Council Meeting July 12, 2022 Page 58 of 124 Council Study Session Meeting Summary Minutes June 28, 2022, P a g e | 2 C1 Resolution No. 2022-070: Relating to Development; approving a Final Plat for Marana Center III, Lots 2-10 located east of Interstate 10 and southeast of Twin Peaks Road (Steve Cheslak) Item removed from the agenda. DISCUSSION/DIRECTION/POSSIBLE ACTION D1 Relating to Strategic Planning; discussion and possible direction regarding the development of goals and actions for Marana Strategic Plan V (Andrea Caicedo) Town Manager Terry Rozema provided a brief overview the objective of this meeting, as well as reviewed with Council the activities and accomplishments from the last Study Session. Going forward, Assistant to the Town Manager Andrea Caicedo would be the point person for leading the discussion on the Strategic Plan V update. Assistant to the Town Manager Andrea Caicedo reviewed with Council for its input each area of the Focus Area and the goals associated with each Focus Area. (A copy of the presentation is available in the Town Clerk’s Office for review upon request.) Provided below is a summary of the discussion points under each Focus Area and associated goal. Focus Area 1: Cherished Heritage Leverage the region’s historic and cultural legacy to strengthen community character, increase community pride, and build heritage-drive tourism. Council Member Craig stated the Marana Citizen’s Forum suggest the Town hold a unique Marana specific event and asked whether that suggestion was included within the focus area. Ms. Caicedo stated that is listed in a general manner under Goal 3 (Provide locations where residents can celebrate and learn about Marana’s history and traditions.). Mayor Honea stated that Founder’s Day was established to celebrate Marana’s history and traditions. However, we have not focused our attention on our history. Council Member Officer stated his is glad to see that heritage is at the top of the focus area within the plan. He expressed concern over the Town not having a hired staff person whose primary focus is to preserve the town’s history. That the Marana Heritage Conservancy is not well equipped to handle the historical preservation of the town due to budget, and it being a volunteer group. The Conservancy has many of the town’s historical records that we need to have a town staff hired to take on that role. - Focus Area 1: Cherished Heritage o Pima County Bautista Trail with the County o Enhance signature events o Partnerships with the Heritage Conservancy o Founder’s Day and Fall Festival Marana Special Town Council Meeting July 12, 2022 Page 59 of 124 Council Study Session Meeting Summary Minutes June 28, 2022, P a g e | 3 ▪ Too commercial, and does not respect Marana’s history. ▪ Not including petting zoos, cotton, farming; we have lost a lot of that. Ways to create partnerships and relate to culture. ▪ We do not need more events o Possible museum or performing arts center for the town o Mural at Cortaro and the freeway that does not have Marana on it. The towers behind the museum of cultural centers; there are sites that we have; we have things that we can develop and use and have private sector money to get them involved o New FTE. We need control – we have tapes, pictures and all stuff. We need someone in control and in charge. o Do not reinvent the wheel Mr. Rozema commented on the discussion and asked Council to forward any additional suggestions to Ms. Caicedo regarding Focus Area 1, Cherished Heritage. Consensus of the Council to focus some attention on preserving Marana’s heritage. Focus Area 2: Vibrant Community Strengthen the sense of place and create opportunities for community connections. Vice Mayor Post asked whether VC 2 (Provide high-level public safety services that strengthen Marana’s reputation as a safe and secure Town) and VC 3 (Provide a safe and connected multi- modal transportation system to support the mobility needs of present and future residents) are in the correct category, instead of having them listed under VC 5. Mr. Rozema replied stating that it could fit under both goals. Vice Mayor Post stated VC 2 and VC 3 applies in the same manner as Focus Ar ea 1 Cherished Heritage, but perhaps differently. He explained that certain new activities or added activities healthy lifestyles should be categorized under Vibrant Community. This can be divided up to take care of both segments of the Marana community. - Focus Area: Vibrant Community o Marana’s heritage need to be structurally front and centered, that highlights our standards within our community. o Branding, marketing, and promoting Marana’s heritage o Sharing of resources with Marana Unified School District, MHC, Northwest Fire District, as Marana has great relationships with each of them. o Identify community partners so to include them in functions sponsored by the Town. o Performing arts also makes up a vibrant community. Need to highlight some of the talented members of Marana’s community. Marana Special Town Council Meeting July 12, 2022 Page 60 of 124 Council Study Session Meeting Summary Minutes June 28, 2022, P a g e | 4 o Having maintenance of our roads is part of being a safe community. Residents do not understand the order of maintenance goes back to the education that we do with the community. Create local newsworthy events in our town for the media so that Marana does not have to seek after it. o Other agencies for coming farther out; they were doing the electric buses and Tucson was trying to get people to use the bus to show them what electric bus can do in that area. They are not being able to go all the way out. Provide them with the information. As we grow bigger in population. Knowing everyone that is involved in the community. o Community cleanup programs and dumpsters; we need to see if we can find more dollars to get dumpsters to do that. o Collaborate with the bigger HOAs. o Housing options and affordability of various diverse housing options for members in the community, and those who wish to move into Marana community. o VC 5 (Invite citizen involvement and deliver transparent and timely distribution of information through a variety of traditional and innovative platforms) ▪ Town has to follow-up on the suggestion and information provided to and by the Forum. ▪ Marana Citizens’ Forum is valuable to the Town and the members provide feedback to subject matter that is given. • We were running out of topics for them to work on. Suggested a different format to keep the Forum members engaged and providing the town feedback. • Develop the idea first, and seek members who have experience or interest in the subject matter. • Change the format so that we are not having a session for the sake of having a session, or expand the session to a longer time. Focus Area 3: Thriving Commerce Recruit and maintain a diverse commercial sector that is supported by local workforce training and funding opportunities o Thriving Commerce: ▪ Marana have tremendous programs (i.e. TPT); maybe we need to look at it and be more inclusive. ▪ Business retention; look to the business community and bring in people and businesses to the Marana community; business licensing and taxes; engage small business an opportunity where they could come and voice their concerns. Marana Special Town Council Meeting July 12, 2022 Page 61 of 124 Council Study Session Meeting Summary Minutes June 28, 2022, P a g e | 5 ▪ Focus on tourism, brochures that highlight the Marana community. We have 13 hotels/motel complexes to provide visitor s that opportunity to visit our town. Tourism is big business in bringing big events to the community. Marana has many things to offer. o TC 4 ▪ CTE program at Marana High School; finding a better way to collaborate with some of the career programs that they cannot find employees. Visit the local schools introduce various careers that a student can find a job upon graduating from high school. ▪ Get schools involved with the businesses; can start getting the programs reinitiated. San Miguel does this with their students’ to intern with the town or other businesses. The Town can help with the matching and collaborating piece. ▪ Look at the trends in the industry of what the businesses in the community needs, as well as those trends that are upcoming. Seek out those trade schools that would be willing to locate here and train our community. ▪ Having the right infrastructure to get them here. We would need a report that says reasons why a business did not locate here. ▪ Economic and Development Director Curt Woody has been working with Arizona Association of Economic Development (AAED) and they are trying to coordinate with these businesses and create programs to help business have the support they need to open here. Focus Area 4: Healthy Lifestyles Provide a variety of recreational, artistic, and cultural opportunities along with a flourishing natural environment to support healthy and active lifestyles There was a consensus of the Council to accept Focus Area 4 as presented. Focus Area 5: Proactive Public Services Foster an open atmosphere that embraces change, creativity, innovation and calculated risk, and maintains the Town’s high quality customer service. Vice Mayor Post asked the Town has an energy conservation employee on staff who would help in the development of best practices. Mr. Rozema replied stating one of the positions that we discussed, specifically in the Water Department is a Conservation Specialist. The Town does have staff who has that experience and knowledge in that area. Vice Mayor Post asked whether the same person would follow-up on best practices for Marana Special Town Council Meeting July 12, 2022 Page 62 of 124 Council Study Session Meeting Summary Minutes June 28, 2022, P a g e | 6 the development of Focus Area 5, PPS 1.4. Mr. Rozema stated that it could be, yes. Ms. Caicedo added that the Development Services Department would take the lead in th is area as well as Public Works as both departments support one another in this area. Vice Mayor Post stated he understood PPS 1.3 as related to conservation and PPS 1.4 as the development practices. Mr. Rozema replied stating it is covered more in Goal PPS 2. o Proactive Public Services: ▪ Energy conservation personnel on staff. ▪ Looking at options to make sure that we can continue to grow and still maintain the same services. ▪ Solar panels in the Town’s employee parking lot, Crossroads, and later at the MOC ▪ PPS 2 • Seminar with MPA and SAHBA a lot of things are going around about water; develop a strategy of how much water is in the county, town, what is the access to the water; where is it created; is it sustainable. Creative on how we use water; put together a program of water outside of our boundary so that we can explain to people so to reduce the fear. Plenty of water here for the people here. • Educate the public on water and water conservation. • We have three good solutions for water in the community, 2,000-acre foot shortfall that our plan showed. Marana has viable options to cover the shortfall. The other we feel could be substantial of renewable water. • Tucson bragged about Marana about our efforts related to water cleanup. ▪ PPS 3 • Marana does really well. ▪ PPS 4 • Five-star Service to the community Council Member Craig commented on the goals and associated actions for each Focus Area stating staff did a good job on this, that she did not have much to offer for change. Mr. Rozema replied stating this is the work of many different directors, deputies and staff to bring forward these goals to Council for its review. Vice Mayor Post inquired as to whether the Town would schedule a meeting to discuss action plans with some of the goals listed. Ms. Caicedo stated for the next meeting in August, she will take the comments from Council during this meeting, meet with the department directors, and bring forward a draft plan for review by Council. Marana Special Town Council Meeting July 12, 2022 Page 63 of 124 Council Study Session Meeting Summary Minutes June 28, 2022, P a g e | 7 Council Member Comerford complimented Town staff on its efforts to bring the update forward to Council. 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 Officer second the motion to adjourn the meeting. Motion passes, 6-0. Meeting adjourned at 8:06PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council Study Session Meeting held on June 28, 2022. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Marana Special Town Council Meeting July 12, 2022 Page 64 of 124 Regular Council Meeting Summary Minutes June 21, 2022 P a g e | 1 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 21, 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 Craig moved and Vice Mayor Post second the motion to pull from the Consent Agenda the Council Study Session Minutes of May 24, 2022. Motion passes unanimously, 7-0. CALL TO THE PUBLIC Mayor Honea open the meeting to receive public comments. There were no comments offered. Marana Special Town Council Meeting July 12, 2022 Page 65 of 124 Regular Council Meeting Summary Minutes June 21, 2022 P a g e | 2 PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler commented on the residents in La Porta Del Norte stating that she had received an email from Gus Myers that indicated that the residents were very happy. She acknowledged Parks & Recreation employee Woody Smith and Ron Grimaldi for the work that was done in the area for that community. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Terry Rozema reported on the following: • Development Services issued as of this day 52 single-family residential permits for the month of June and has issued 1,294 for fiscal year 2022. In June 2021, Development Services issued 143 SFRs, and ending the fiscal year with 1067 SFRs issued. The Town is fast approaching 300 more than we had last year. • Council Study Session Meeting scheduled for Tuesday, June 28, 2022 at 6 p.m. Typically Council does not meet in the month of July. However, a meeting is scheduled for Tuesday, July 12 in a Special Meeting. • Community and Neighborhood Services had a great event and turn out for its microchip clinic that was held in conjunction with Pima County. Thirty-five were microchipped. Director of Community and Neighborhood Services Lisa Shafer and her staff were out in the community and put on a wonderful event at Ora Mae Harn District Park. • Open gym basketball league has begun at Lehman Academy, and we get an increasing number of people wanting to participate. Once the Town has built its own facility with the Recreation and Aquatic Centre, we would be able to do things like that year around. • Parks and Recreation is doing a wonderful job with the senior group and adding some additional things that that are available to them and this just this past week they took them on a tour out to a day away out to the Sonoran Desert Museum where they received a free guided tour and enjoyed lunch as well at the at the Ironwood Terrace. Parks also started up it the Marana Junior Lifeguard Program, and they have 12 young lifeguards in the program. • Heritage River Park after doing a number of upgrades to the raised garden beds, so to have them raised for those who want to garden. • Roundabout reveal of the Spirit of Marana will occur on Friday, June 24 at 9 a.m. on Sandario and Marana Main. Construction has started at Twin Peaks and Sandario so there are quite a few road closures. • He read a couple of emails that acknowledged and praised Town staff for delivering five-star service. Marana Special Town Council Meeting July 12, 2022 Page 66 of 124 Regular Council Meeting Summary Minutes June 21, 2022 P a g e | 3 PRESENTATIONS CONSENT AGENDA C1 Resolution No. 2022-058: Relating to Development; accepting for maintenance certain public improvements serving QuikTrip Store #1491 located at the northwest corner of Tangerine Road and the Frontage Road/I-10 (David Udall) C2 Resolution No. 2022-059: Relating to Development; accepting public sewer improvements along portions of Mike Etter Boulevard and Midfield Road for maintenance (David Udall) C3 Resolution No. 2022-060: Relating to Development; approving a Final Re-Plat of The Preserve at Twin Peaks Lots 82 thru 85 and Common Area “B2” (Natural Open Space, Drainage, Landscape, Pedestrian, Public Sewer, and Utilities) & Common Area “C1” (Active Open Space), generally located east of Camino de Manana and approximately a quarter mile north of Lambert Lane (Steve Cheslak) C4 Resolution No. 2022-061: Relating to Development; approving a Final Plat for Gladden Farms Block 38B Lots 1 - 148 & Common Areas "A-1" - "A-8" & "B-1" - "B-2", located generally west of West Clark Farms Boulevard, south of West Mike Etter Boulevard, and north of West Tangerine Road (Spencer Hickman) C5 Resolution No. 2022-062: Relating to Economic Development; approving and authorizing the Mayor to execute a Funding Agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2022-2023 to support operation of the Marana Visitor Center and provision of services to the Marana community (Jane Fairall) C6 Resolution No. 2022-063: Relating to Intergovernmental Relations; approving and authorizing the Town Manager to execute a Lobbying Services Agreement with TriAdvocates, LLC for Fiscal Year 2023 (Andrea Caicedo) C7 Resolution No. 2022-064: Relating to Municipal Court; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Town of Marana and Pima County for provision of video-court hearings of municipal prisoners for 2022-2023 (Laine McDonald) C8 Resolution No. 2022-065: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Classification and Compensation, Section 3-7-3 “Call-Out Pay”, Chapter 5 – Work Rules and Employee Discipline, Section 5-4-4 “Additional Employee Responsibilities” and Section 5-5-4 “Imposed Leave” (Curry C. Hale) Marana Special Town Council Meeting July 12, 2022 Page 67 of 124 Regular Council Meeting Summary Minutes June 21, 2022 P a g e | 4 C9 Resolution No. 2022-066: Relating to Public Works; authorizing the Town Manager to sign all documents and do all other things necessary or prudent to obtain land use rights from the Central Arizona Project (CAP) needed for the Tangerine Road Widening – Phase 2, I-10 to Dove Mountain Boulevard project (Jane Fairall) C11 Resolution No. 2022-067: Relating to Public Works; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Regional Transportation Authority and the Town of Marana for construction of improvements for Tangerine Road—I-10 to approximately Marana Tech Drive (Jane Fairall) C12 Approval of the Marana Town Council Special Retreat Meeting Summary Minutes of March 10-11, 2022, Council Study Session Meeting Summary Minutes of May 24, 2022, and the Council Regular Meeting Summary Minutes of June 7, 2022 (Cherry L. Lawson) Vice Mayor Post moved and Council Member Ziegler second the motion to approve the Consent Agenda with the exception of the Council Study Session Meeting Summary Minutes of May 24, 2022. Motion passes unanimously, 7-0. Item C12 Council Study Session Meeting Summary Minutes of May 24, 2022. Council Member Craig stated that the Study Session Meeting Summary Minutes of May 24, 2022, was on the Strategic Plan, and it took a long time for the Council to get to a consensus on the Vision Statement. The Vision Statement as it was assembled was not included in the minutes. She read the statement as follows Marana is a trailblazing community that raises the bar for the best quality of life. She requested the Vision Statement be included in the minutes. Council Member Craig moved and Council Member Ziegler seconded the motion to approve the May 24, 2022, Study Session Summary Minutes as amended to add the Vision Statement as read. 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 a new series #012 Restaurant Liquor License submitted by Alejandro Diaz on behalf of Alejandro Serious Mexican Food, located at 7850 North Silverbell Road, Tucson, AZ 85743 (Cherry L. Lawson) Town Clerk Cherry Lawson provided an overview of the application for a new series #012 Restaurant Liquor License submitted by Alejandro Diaz on behalf of Alejandro Serious Mexican Food, located at 7850 North Silverbell Road, Tucson, AZ 85743. She Marana Special Town Council Meeting July 12, 2022 Page 68 of 124 Regular Council Meeting Summary Minutes June 21, 2022 P a g e | 5 stated Town staff recommends that an order recommending approval be submitted to the DLCC for this liquor license application. Council Member Ziegler moved and Vice Mayor Post second the motion approving Town staff to submit to the DLLC an order recommending approval of an application for a new series #012 Restaurant Liquor License submitted by Alejandro Diaz on behalf of Alejandro Serious Mexican Food, located at 7850 North Silverbell Road, Tucson, AZ 85743. Motion passes unanimously, 7-0. BOARDS, COMMISSIONS AND COMMITTEES B1 [The Town Council acting as the Floodplain Board] Resolution No. FP 2022-001: Relating to Floodplain Management; granting a variance to Marana Town Code Chapter 17-15 (Floodplain and Erosion Hazard Management Code) for property located at 7430 North Silverbell Road (Fausto Burruel) Acting Town Engineer Fausto Burruel provided a PowerPoint Presentation on this item. Below are highlights of the presentation. (A copy of the presentation is available in the Town Clerk’s Office for viewing upon request.) Below are highlights of the presentation. The variance is for the property located at 7430 N Silverbell Rd otherwise referred to as the Silverbell Apartments. In August 2020, former Town Engineer Keith Brand brought this forward to requesting a variance at that time. However, at that time, the variance was different then what is now requested. Floodplain Variance Request A Variance is requested from the Town floodplain code for 7430 N Silverbell Road, in relation to the timing of construction and FEMA approvals. • A CLOMR was submitted in June of 2020 and subsequently approved • LOMR improvements have been constructed • LOMR review is substantially complete Town Code 17-15-10-E10 When a modification or removal of a FEMA SFHA is sought for a development, the following requirements apply: • e. Commercial/Industrial buildings to be affected by a LOMR shall not be granted a building permit until the LOMR has become effective, unless the building as designed meets the requirements of this chapter for the pre-LOMR conditions. Current Floodplain Marana Special Town Council Meeting July 12, 2022 Page 69 of 124 Regular Council Meeting Summary Minutes June 21, 2022 P a g e | 6 • SFHA – Zone A • No base flood elevations (BFE)determined • Commercial buildings must be elevated or dry flood-proofed four feet above highest adjacent natural grade LOMR Improvements • Perimeter conveyance channels tied to existing box culverts • LOMR improvements have been constructed and received unofficial approval – via email • Official FEMA LOMR approval anticipated to come in June • Applicant desires to receive building permits to begin vertical construction prior to LOMR effective date Conditions of Variance • If granted, variance is for all buildings within the Silverbell Gateway Apartments development located at 7430 N. Silverbell Road • All other aspects of Marana Land Development Code Title 17 shall be adhered to • Applicant shall sign a covenant indemnifying and holding the Town of Marana and its agents harmless in the event of flooding He stated Town staff recommends approval of the requested variance. Mayor Honea asked Mr. Burruel to explain that the CLOMR had been approved. Mayor Honea stated CLOMR is the Conditional Letter of Map Revision issued by FEMA who approved the site. The LOMR is FEMA changing the map. Mr. Burruel concurred, stating the CLOMR is the actual design, and is submitted to the Town and Pima County. Marana approves the design and appropriate documents that is s ubmitted to FEMA, and then FEMA approves the actual CLOMR design. That allows the applicant for the development to proceed with the infrastructure required. The CLOMR would be the design and the LOMR is the actual infrastructure that is constructed. That t hen becomes the as-builts. An approval certifies the infrastructure that was constructed. That would lead to the LOMR Letter of Map Revision, which would pull the particular development from the floodplain. Mayor Honea stated it is his understanding that the particular building cannot be inhabited until the LOMR is in place. Mr. Burruel replied stating that is correct, as he had a conversation with the Town’s Building Division about it. Beyond the conditions that he previously stated, the Town does have administrative conditions that provides that if it sits without a LOMR in place, it would have had to be constructed with the four feet of which he had indicated. It had not been constructed that way because of the LOMR. Unless the LOMR is approved, the Town can hold the Certificate of Occupancy on the development. Marana Special Town Council Meeting July 12, 2022 Page 70 of 124 Regular Council Meeting Summary Minutes June 21, 2022 P a g e | 7 Council Member Craig asked what the worst-case scenario would be if FEMA does not approve the LOMR for six months or more. There must be a reason that the statute requires the LOMR before the Town issues building permits. Mr. Burruel replied stating it is a timing thing—construction and timing. Timelines have grown. Several years ago, he may have given a timeframe of nine to 12 months; that moved to 12 to 15 months. Now, two years from the time, they actually submit their CLOMR, and they have yet to receive the official approval. Worst-case scenario, the effective date allows for public comments; however, he does not see this as the case with this item. Council Member Kai stated if the LOMR is not approved, the Town does not issue a Certificate of Occupancy. Mr. Burruel stated that is correct; the Town will not issue the Certificate of Occupancy without an approved LOMR. That is based on Building and Administrative Code, as it was not built based on the existing floodplain. Council member Ziegler stated the Council denied the request in 2020, as the Town had a right to do that at that time. It was a big risk for the Town of Marana. She is glad that the developer returned to the town to continue building in that area. She restated Council Member Kai’s remarks that, the Town will not issue a Certificate of Occupancy and Hold Harmless Clause to the Town of Marana. They are good partners with the Town. Council Member Comerford inquired of the new mapping stating we have new guidelines. They did not have to do the four-foot raise in the property. If LOMR comes and they require the property to have the four-foot raise, regardless of the Town’s actions, what will occur after the building is up. Mr. Burruel replied stating the CLOMR is the design portion that was approved, and allowed to move forward with construction. The developer has installed the infrastructure, and has been as built. It sits with an unofficial approval from their reviewers. That would be the reviewer from FEMA—defacto FEMA telling them that they are good to go. Mr. Rozema stated he has had conversations with his colleagues in other jurisdictions, and this variance at this level and stage of construction is not uncommon in other jurisdictions. Although, we have shied away from our previous Town Engineer; that it is not uncommon in the other jurisdictions, and is utilized regularly. Council Member Ziegler moved and Vice Mayor Post second the motion to adopt Resolution No. FP2022-001, granting a variance to Marana Town Code Chapter 17-15 (Floodplain and Erosion Management Code) for properly located at 7430 North Silverbell Road. Motion passes unanimously, 7-0. COUNCIL ACTION Marana Special Town Council Meeting July 12, 2022 Page 71 of 124 Regular Council Meeting Summary Minutes June 21, 2022 P a g e | 8 A1 Resolution No. 2022-068: Relating to Community and Neighborhood Services; approving and authorizing the Mayor to execute a Notice of Intent Not to Participate in the Urban County Program for the Community Development Block Grant Program and HOME Investment Partnership Program for federal fiscal years 2023-2025 and to accept Metropolitan City status from Housing and Urban Development once eligibility notification has been made to the Town of Marana (Lisa Shafer) Community and Neighborhood Services Director Lisa Shafer stated the Town had been waiting 10 years for this. She provided an overview of the process and some of the activities over the past years under the CDBG from Pima County. She is requesting approval of the resolution that allows the Mayor to execute a Notice of Inten t to Not Participate in the Urban County Program for the Community Development Block Grant Program. The Town has not received its notification from HUD that the Town can start its own program. The Town is awaiting approval notification from HUD at this time, hopefully by August. Accordingly, to the County’s timeline, the Town has to provide them notice by the end of June. She understands there is a risk, but is not worried as the notification is pending. Vice Mayor Post moved and Council Member Kai second the motion approving Resolution No. 2022-068 approving and authorizing the Mayor to execute a Notice of Intent Not to Participate in the Urban County Program for the Community Development Block Grant Program and HOME Investment Partnership Program for federal fiscal years 2023-2025 and to accept Metropolitan City status from Housing and Urban Development once eligibility notification has been made to the Town of Marana . Motion passes unanimously, 7-0. ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema) Mr. Rozema stated he does not have report to offer. Mayor Honea stated he had a conversation with a Senator Vince Leach last week ask him if the budget was going be approved before September or October. This has been one of the second longest session ever, and he thinks they are fighting some battles. He thinks they are trying to negotiate with Mr. Boyer. If you were watching the things on the national news on the January 6 , Mr. Boyer was there being talked to by those folks on another issue. He wanted a little more money for education and there were a couple other things. Since the House 3129, you rather have to get everybody if your side wants to approve a budget. It looks as though the budget is getting close to being approved. Hopefully, it will be approved today. Marana Special Town Council Meeting July 12, 2022 Page 72 of 124 Regular Council Meeting Summary Minutes June 21, 2022 P a g e | 9 D2 PUBLIC HEARING: Relating to Budget; public hearing regarding the Town of Marana's fiscal year 2022-2023 final budget (Yiannis Kalaitzidis) [6:45 PM Minutes] Mayor Honea opened the public hearing and stated that we will have the discussion on the budget on their item D2 then we will adjourn then we will call the special meeting to order and that is state law an approved the budget at whatever conclusion we come too. Finance Director Yiannis Kalaitzidis provided an overview of the final budget for FY2022-2023. (A copy of the presentation is available for viewing in the Town Clerk’s Office upon request, and the video of the meeting is on the Town’s website at www.Maranaaz.gov.) He stated the Town has brought before the Council for its consideration the Final Budget for fiscal year 2022-2023. I do plan to be brief, as we have covered this topic a couple of times before and since the last time; we met in May we have made no changes to our budget. He touched on the timeline and where the Town have been and what brings us here tonight. FY2023 Budget Timeline • January Presented preliminary revenue outlook for FY2023 and solicited Council and public feedback. • March Presented initial 5-year Capital Improvement Plan for consideration and feedback. • April Presented Manager’s Recommended Comprehensive Budget for consideration and additional feedback. • May Presented and adopted Tentative Budget during public hearing, which set overall expenditure limitation for the Town. • June Adoption of the Final Budget for Fiscal Year 2022-2023. We started our budget process in January. Staff started earlier than that but our first presentation to Council was in January where we gave a preliminary outlook. Since then, we met in March to go over the initial five-year (5) Capital Improvement Plan which make with departments. We had the Council Retreat an all of that along with feedback and direction from Council, culminated to the Comprehensive Manager’s Recommended Budget, which was presented in April. We came back in May with some refinements and adjustments to present the Tentative Budget that was approved by Council, and the overall expenditure limitation for the Town. Town staff is requesting Council to adopt the Final Budget for fiscal year 2022-2023. He quickly reviewed the budget that the Town is asking Council to approve is $233,493,137. No changes to the makeup or any of the amounts that we have in the detail of our budget . We do have several large capital projects and a number of capital projects that have been Marana Special Town Council Meeting July 12, 2022 Page 73 of 124 Regular Council Meeting Summary Minutes June 21, 2022 P a g e | 10 carried forward into this year that is making our capital project budget bigger than we have had in past seasons. He pointed out that our revenues are unchanged since our last presentation and reminded Council that the Town is presenting a structurally balanced budget. Our ongoing revenues are covering our ongoing expenses. The Town is living well within its means. He thanked everybody that has participated in this process including department staff; specifically Deputy Finance Director Starla Anderson and Michael Dyckman who joined us again this year and they both were instrumental in putting this budget together but also every department director and department staff that took a lot of time in weeks to forecast and tell us what their needs are going to be in this environment word we are experiencing very high end unpredictable inflation. He, also, thanked Mr. Rozema office, and especially Council for their feedback and direction throughout this process, as it is really a pleasure to work for this organization. Council Member Craig stated that well last time we had the budget discussion she was worried about inflation or stagflation. She does believe that we are probably looking at a recession or something like that. In reviewing the numbers, she thinks the Town has provided a very conservative budget. If her understanding of the numbers are correct, the amount that the Town expects to receive from sales tax revenue is the same as was budgeted for this year. She acknowledged the conservative approach by Mr. Kalaitzidis stating that she is quite happy with that approach and the budget. Mark Johnson provided public comments on the final budget stating his comments are on the Council Candidates, Patrick Cavanaugh and Tim Kosse, as well as himself. He appreciates the skilled and hardworking employees of the Town of Marana. They support the retention pay and the 4% team performance pay adjustment, as it is critical that the Town be able to retain and attract talented employees. Therefore, we recommend that the retention pay percentage be increased from 2% to 3%. The budget calls for increasing the number of employees by 27.25 full-time equivalent this includes six (6) new positions in the Police Department. He stated that they are strong supporters of public safety, and our wonderful Police Department. Additionally, with all that is going on in our country we strongly recommend adding four (4) additional police officers to provide 10 new positions in the Police Department. These additional police officers would be utilized to provide collaborative community policing with the support from a new Community Foundation that we will elaborate on in the future. The 2040 General Plan included several master plans that are not in this budget . He ask that those be added including the Open Space and Wildlife Conservation Master Plan and the Marana Habitat Conservation Plan. On June 15, the US EPA announced new health advisories for PFAS compounds in drinking water. It essentially lowered the acceptable concentrations of these compounds to zero. Marana Special Town Council Meeting July 12, 2022 Page 74 of 124 Regular Council Meeting Summary Minutes June 21, 2022 P a g e | 11 Marana Water has done a nice job designing, installing and operating two PFAS Removal Treatment Plans; however, other areas of the aquifer are polluted with PFAS in additional remediation and or treatment may be required. We urge the Town Council to issue a public notice regarding these new health advisories and include in this budget water supply planning for PFAS and permanent renewable water supplies. He continued stating their budget recommendations are funded by taking the following steps: 1) defer budget items related to development growth as a recession is imminent and will be resulting but there will be a resulting downturn in home construction. The national inflation rate is 8.5% and the Phoenix Metro inflation rate is 11% the proposed $6 million unfunded pension liability payment should be reduced or delayed to offset inflation. The $5 million budget contingency should be reduced to $2.5 million. The General Fund is covering offer airport operations with yearly losses of $1.2 million for the last five years. This must be eliminated so that these funds can be used for community enhancements as proposed. Finally, developer concessions and tax breaks need to be illuminated and historical deals be renegotiated. Marana developers make billions and do not need handouts. The development community should be giving back to Marana, not taking away. Vice Mayor Post addressed Mr. Johnson’s comments stating that he assumes that Mr. Johnson saw the presentation slide that Mr. Kalaitzidis displayed regarding the scheduled meetings whereby the budget was discussed. The slide illustrated the length of time that the Council and staff had worked on the budget dating back to January 2022. The Manager Recommended Budget was presented in April, followed by the Tentative Budget in May 2022. Regardless of whether the suggestion presented are good ideas or not, he feels as though Mr. Johnson would have been better serving to his community had he brought forward those to Council in a timely manner. Mr. Johnson replied stating well you know we are all busy. This is the first opportunity that he, Tim Kosse and Patrick Cavanaugh had to sit down and review all of the budget materials. However, they got it done and presented their comments to Council before the budget was approved. [6:55 PM Minutes] Mayor Honea closed the public hearing to public testimony. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or Marana Special Town Council Meeting July 12, 2022 Page 75 of 124 Regular Council Meeting Summary Minutes June 21, 2022 P a g e | 12 consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post, moved and Council Member Comerford second the motion to adjourn the meeting. Motion passes unanimously 7-0. Meeting adjourned at 6:56 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council Regular Meeting held on June 21, 2022. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Marana Special Town Council Meeting July 12, 2022 Page 76 of 124 Special Council Meeting Summary Minutes June 21, 2022 P a g e | 1 MARANA TOWN COUNCIL SPECIAL COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 21, 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 6:56 PM. Roll Call. There was a quorum of the full Council present during the meeting. APPROVAL OF AGENDA Council Member Comerford moved and Vice Mayor Post second the motion to approve the agenda as presented. Motion passes unanimously, 7-0. COUNCIL ACTION A1 Resolution No. 2022-069: Relating to Budget; adopting the Town of Marana's fiscal year 2022-2023 final budget (Yiannis Kalaitzidis) Finance Director Yiannis Kalaitzidis stated he did not have anything further to present on the budget, as the presentation was provided during the Regular Council Meeting. Mayor Honea open the meeting for public comment. Marana Special Town Council Meeting July 12, 2022 Page 77 of 124 Special Council Meeting Summary Minutes June 21, 2022 P a g e | 2 Mark Johnson stated that he did not have additional comments different from the comments made during the public hearing of the Regular Council Meeting. Council Member Ziegler moved and Vice Mayor Post second the motion to approve Resolution No. 2022-069 adopting the Town of Marana fiscal year 2022-2023 final budget. Motion passes unanimously, 7-0. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post, moved and Council Member Kai second the motion to adjourn the meeting. Motion passes unanimously 7-0. Meeting adjourned at 6:58 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council Regular Meeting held on June 21, 2022. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Marana Special Town Council Meeting July 12, 2022 Page 78 of 124 Council-Special Meeting L1 Meeting Date:07/12/2022 To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Nolette Hernandez, Records Clerk Date:July 12, 2022 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Leverage the Town’s coordinating capability to facilitate enhanced customer interaction with multiple governmental and external agencies. 1. a. Ensure Marana residents and business owners experience excellent customer service interactions. Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #010 Beer and Wine Store Liquor License submitted by Brenda E. Sallard on behalf of Family Dollar #27696, located at 11825 West Grier Road, Marana, AZ 85653 (Cherry L. Lawson) Discussion: This application is for a new series #010 Beer and Wine Store liquor license at Family Dollar #27696, located at 11825 West Grier Road Marana, AZ 85653. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one-mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk’s Office within 20 days of the posting. Any written arguments received by the Clerk’s Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Marana Special Town Council Meeting July 12, 2022 Page 79 of 124 Control (DLLC). Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and “in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license.” If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and include a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the Liquor Board or a resident within a one-mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one-mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Town staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to approve and submit to the DLLC an order recommending approval of an application for a new series #010 Beer and Wine Store liquor license submitted by Brenda E. Sallard on behalf of Family Dollar #27696, located at 11825 West Grier Road, Marana, AZ 85653. OPTION 2: I move to approve and submit to the DLLC an order recommending disapproval of an application for a new series #010 Beer and Wine Store liquor license application submitted by Brenda E. Sallard on behalf of Family Dollar #27696, located at 11825 West Grier Road, Marana, AZ 85653. Marana Special Town Council Meeting July 12, 2022 Page 80 of 124 Attachments Redacted Application Affidavit of Posting Local Governing Body Recommendation Descriptions of Common Liquor Licenses Marana Special Town Council Meeting July 12, 2022 Page 81 of 124 Marana Special Town Council Meeting July 12, 2022 Page 82 of 124 Marana Special Town Council Meeting July 12, 2022 Page 83 of 124 Marana Special Town Council Meeting July 12, 2022 Page 84 of 124 Marana Special Town Council Meeting July 12, 2022 Page 85 of 124 Marana Special Town Council Meeting July 12, 2022 Page 86 of 124 Marana Special Town Council Meeting July 12, 2022 Page 87 of 124 Marana Special Town Council Meeting July 12, 2022 Page 88 of 124 Marana Special Town Council Meeting July 12, 2022 Page 89 of 124 Marana Special Town Council Meeting July 12, 2022 Page 90 of 124 Marana Special Town Council Meeting July 12, 2022 Page 91 of 124 Marana Special Town Council Meeting July 12, 2022 Page 92 of 124 Marana Special Town Council Meeting July 12, 2022 Page 93 of 124 Marana Special Town Council Meeting July 12, 2022 Page 94 of 124 Marana Special Town Council Meeting July 12, 2022 Page 95 of 124 Marana Special Town Council Meeting July 12, 2022 Page 96 of 124 Marana Special Town Council Meeting July 12, 2022 Page 97 of 124 Marana Special Town Council Meeting July 12, 2022 Page 98 of 124 Marana Special Town Council Meeting July 12, 2022 Page 99 of 124 Marana Special Town Council Meeting July 12, 2022 Page 100 of 124 Marana Special Town Council Meeting July 12, 2022 Page 101 of 124 Marana Special Town Council Meeting July 12, 2022 Page 102 of 124 Marana Special Town Council Meeting July 12, 2022 Page 103 of 124 Marana Special Town Council Meeting July 12, 2022 Page 104 of 124 Marana Special Town Council Meeting July 12, 2022 Page 105 of 124 Marana Special Town Council Meeting July 12, 2022 Page 106 of 124 Marana Special Town Council Meeting July 12, 2022 Page 107 of 124 Marana Special Town Council Meeting July 12, 2022 Page 108 of 124 Marana Special Town Council Meeting July 12, 2022 Page 109 of 124 Marana Special Town Council Meeting July 12, 2022 Page 110 of 124 Marana Special Town Council Meeting July 12, 2022 Page 111 of 124 Marana Special Town Council Meeting July 12, 2022 Page 112 of 124 Marana Special Town Council Meeting July 12, 2022 Page 113 of 124 Marana Special Town Council Meeting July 12, 2022 Page 114 of 124 Marana Special Town Council Meeting July 12, 2022 Page 115 of 124 Arizona Department of Liquor Licenses and Control V r 800 W Washington 5th Floor Phoenix, AZ 85007-2934 y' www.azliquor.gov stiff©cotfi°f' ; R zoNp 602) 542-5141 AFFIDAVIT OF POSTING Date of Posting: June 7 2022 Date of Posting Removal:or Sallard Brenda Applicant's Name: E Last First Middle Business Address: 11825 W Grier Rd Marana 85653 Street City Zip License #: 197719 I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. JRBurns Housing Rehabilitation Specialist (520) 990-2496 Print Name of City/County Official Title Phone Number C Vag? Signature Date Signed Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call(602)542-9027Marana Special Town Council Meeting July 12, 2022 Page 116 of 124 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 Local Governing Body Recommendation A.R.S. § 4-201(C) 1. City or Town of: __________________________________________ Liquor License Application #:_______________________________ (Circle one) (Arizona application #) 2. County of: _______________________________________________ City/Town/County #: ______________________________________ 3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2), ______________________________________________________ ______________________________________________________ (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The ___________________________________ at a ________________________________ meeting held on the __________________ of (Governing body) (Regular or special) (Day) _____________________, ____________ considered the application of _______________________________________________________ (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application ______________________________________________, (Arizona liquor license application #) for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________ (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for _____________________________________________________. (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) ____________________________________________ ___________________________________________ (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Marana Special Town Council Meeting July 12, 2022 Page 117 of 124 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4 -206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the one provide d for the bar. Payment must be made no later than the time of delivery. Marana Special Town Council Meeting July 12, 2022 Page 118 of 124 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, thi s liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Special Town Council Meeting July 12, 2022 Page 119 of 124 Council-Special Meeting A1 Meeting Date:07/12/2022 To:Mayor and Council From:Jane Fairall, Town Attorney Date:July 12, 2022 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2022.010: Relating to Development; approving a modification of a rezoning condition of Marana Ordinance No. 2014.026, which created the Riverside at Silverbell Specific Plan, to delete a provision of the ordinance that required the developer to design and construct eastbound right-turn (deceleration) lanes at each of the project’s three driveways on Ina Road (Jane Fairall) Discussion: On October 21, 2014, the Mayor and Council adopted Ordinance No. 2014.026, approving a rezoning of approximately 14.7 acres of land located at the southeast corner of Ina Road and Silverbell Road to “F – Specific Plan” creating the Riverside at Silverbell Specific Plan (“Riverside”). The rezoning ordinance included a number of conditions, including condition 9 which provides that the developer will be responsible for the design and construction of eastbound right-turn (deceleration) lanes at each of Riverside’s three driveways on Ina Road. Ascent Companies intends to develop a portion of Riverside as the Amavida Apartments, and submitted a Traffic Impact Statement (TIS) for the project dated January 2022 which finds that the three right-turn lanes required by condition 9 of Ordinance No. 2014.026 are no longer warranted due to changes in land uses and intensities in the area. Based on the January 2022 TIS, Ascent Companies has submitted an application to modify Ordinance No. 2014.026 to delete condition 9 of the ordinance. This condition modification is insubstantial enough not to require or benefit from Planning Commission consideration. Notice of tonight's public hearing was published as required by law. Marana Special Town Council Meeting July 12, 2022 Page 120 of 124 as required by law. Staff Recommendation: Staff recommends approval of the rezoning modification. Suggested Motion: I move to adopt Ordinance No. 2022.010, approving a modification of a rezoning condition of Marana Ordinance No. 2014.026, which created the Riverside at Silverbell Specific Plan, to delete a provision of the ordinance that required the developer to design and construct eastbound right-turn (deceleration) lanes at each of the project’s three driveways on Ina Road. Attachments Ordinance No. 2022.010 Application Narrative Marana Special Town Council Meeting July 12, 2022 Page 121 of 124 00081626.DOCX /1 Ordinance No. 2022.010 - 1 - MARANA ORDINANCE NO. 2022.010 RELATING TO DEVELOPMENT; APPROVING A MODIFICATION OF A REZONING CONDITION OF MARANA ORDINANCE NO. 2014.026, WHICH CREATED THE RIVERSIDE AT SILVERBELL SPECIFIC PLAN, TO DELETE A PROVISION OF THE ORDINANCE THAT REQUIRED THE DEVELOPER TO DESIGN AND CONSTRUCT EASTBOUND RIGHT-TURN (DECELERATION) LANES AT EACH OF THE PROJECT’S THREE DRIVEWAYS ON INA ROAD WHEREAS the Mayor and Council of the Town of Marana adopted Ordinance No. 2014.026 on October 21, 2014, approving a rezoning of approximately 14.7 acres of land located at the southeast corner of Ina Road and Silverbell Road to “F – Specific Plan” creating the Riverside at Silverbell Specific Plan (“Riverside”); and WHEREAS approval of the rezoning was subject to a number of conditions, including condition 9 which provides that the developer will be responsible for the design and construction of eastbound right-turn (deceleration) lanes at each of Riverside’s three driveways on Ina Road; and WHEREAS Ascent Companies intends to develop a portion of Riverside as the Amavida Apartments, and submitted a Traffic Impact Statement (TIS) for the project dated January 2022 which finds that the three right-turn lanes required by condition 9 of Ordinance No. 2014.026 are no longer warranted due to changes in land uses and intensities in the area; and WHEREAS based on the January 2022 TIS, Ascent Companies has submitted an application to modify Ordinance No. 2014.026 to delete condition 9 of the ordinance; and WHEREAS the Mayor and Council find that this condition modification is insubstantial enough not to require or benefit from Planning Commission consideration, and that this ordinance is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Section 3, condition 9 of Marana Ordinance No. 2014.026 is hereby deleted and the Riverside at Silverbell Specific Plan is hereby amended to conform to the deletion of the condition. Marana Special Town Council Meeting July 12, 2022 Page 122 of 124 00081626.DOCX /1 Ordinance No. 2022.010 - 2 - Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 12th day of July, 2022. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Special Town Council Meeting July 12, 2022 Page 123 of 124 Ascent Companies 9943 E. Bell Rd, Suite 115 Scottsdale, Arizona 85260 (602)725-1351 RE: Marana Ordinance No. 2014.026 Ascent Companies is proposing a change to the conditions of Marana Ordinance No. 2014.026(“Ordinance”), Section 3, Condition 9 as a result of new Traffic Impact Statement(“TIS”) sealed by Registered Professional Engineer, Marcos Esparza of M Esparza Engineering, license 31107. Subject Property APN: 214-04-044C. Section 3, Condition 9 in the Ordinance states, “The developer of this project will be responsible for design and construction of eastbound right-turn (deceleration) lanes at each of the project’s three driveways on Ina Road.” This ordinance was approved and applied to a zoning of “F” Specific Plan and a Master Plan Area (MPA) in the 2010 General Plan. Ascent Companies proposes removing Section 3, Condition 9 from the ordinance given that new TIS states(attached) on Page 30, No. 5, “Although right turn lanes at the Ina Road driveways were found to be numerically warranted in the Traffic Impact Study that was conducted for the Specific Plan project in 2014, the change in land uses and intensities result in an eastbound right turn lane not being warranted at the Amavida Ina Road driveway. It is noted that the construction of this turn lane is a condition in the Specific Plan ordinance, so further discussion with the Town is warranted, especially since the turn lane warrant criteria have changed since the 2014 report was prepared. A right turn lane for the northbound Silverbell Road project driveway is not numerically warranted with the addition of the site trips through the year 2023 based on Town of Marana turn lane warrant procedures.” Brad Richardson Principal Ascent Companies Marana Special Town Council Meeting July 12, 2022 Page 124 of 124