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Home My WebLink AboutRegular Council Meeting Agenda Packet 12/06/2022 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 6, 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 December 6, 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 Regular Council Meeting December 6, 2022 Page 1 of 139 All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.maranaaz.gov under Agendas and Minutes. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at (520) 382-1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. Marana Regular Council Meeting December 6, 2022 Page 2 of 139 future agenda. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C1 Resolution No. 2022-123: Relating to Development; approving a release of assurances for Cortaro Ranch Phase II Lots 1 through 6 and Common Areas “A” and “B” as modified and accepting public improvements for maintenance (Jason Angell) C2 Resolution No. 2022-124: Relating to Liquor Licenses; appointing the Town Clerk as the Town Council’s designee to review extended premises and special event liquor license applications and make recommendations to the Arizona Department of Liquor License and Control; rescinding Resolution Nos. 2001-50 and 2018-081 (Luke Fischer) C3 Relating to Procurement; ratifying the Town Manager's approval of a change order to the Airport MIRL, PAPI, & Beacon Replacement (AP026) project in the amount of $3,059.25; authorizing the transfer of appropriations, if necessary, for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Fausto Burruel) C4 Approval of Regular Council Meeting Summary Minutes of November 15, 2022 and Special Council Meeting Summary Minutes of November 22, 2022 (David L. Udall) LIQUOR LICENSES Marana Regular Council Meeting December 6, 2022 Page 3 of 139 BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 Ordinance No. 2022.027: Relating to Finance; amending the Town of Marana comprehensive fee schedule to reduce the Signature Event Vendor Fee - Non Food Vendor - Single; approving and authorizing a retroactive, partial waiver of the Signature Event Vendor Fee - Non Food Vendor - Single for the 2022 Fall Festival and the 2022 Holiday Festival signature events; and establishing an effective date (Wayne Barnett) A2 Resolution No. 2022-125: Relating to Development; amending the infrastructure improvements plan supporting development impact fees for parks and recreation facilities by shifting the anticipated development impact fee funding among certain projects and by reducing the cost provided for the Twin Peaks District Park Land Acquisition and Phase 1 Development project without changing the amount of the parks impact fees or the level of service; authorizing the transfer of up to $650,000 in budgeted expense authority from the Santa Cruz Shared Use Path at Cal Portland Project line item to the Gladden Farms Baseball Field Improvements line item within the impact fee fund (Jim Conroy) A3 Resolution No. 2022-126: Relating to Intergovernmental Relations; adopting a 2023 Town of Marana Legislative Policy Priority Program and authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue it (Andrea Caicedo) A4 Resolution No. 2022-127: Relating to Public Works; approving and authorizing the Mayor to sign an Acquisition Agreement & Administrative Settlement and the Town Engineer to execute all other documentation necessary for the purchase of property rights needed from Preot LLC for the Twin Peaks Rattlesnake Pass Improvement Project, Town of Marana Project No. ST073 (George Cardieri) A5 Resolution No. 2022-128: Relating to Real Estate; accepting the offer of just compensation from Pima County for property rights needed for the Continental Ranch Regional Pump Station Force Main Augmentation Project and authorizing the Town Engineer to execute the Acquisition Agreement, conveyance instruments, and any and all other associated documents (George Cardieri) ITEMS FOR DISCUSSION / POSSIBLE ACTION Marana Regular Council Meeting December 6, 2022 Page 4 of 139 D1 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town’s Marana Current and Proposed Projects internet site (Jason Angell) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). E2 Executive session pursuant to A.R.S. § 38-431.03(A)(4) and (7) to discuss with the Town’s attorneys and representatives the terms of a proposed purchase of needed property rights for the Twin Peaks Rattlesnake Pass Improvement Project from Preot, LLC (this item relates to and should occur, if at all, before Council Action A4 on tonight’s agenda). FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Marana Regular Council Meeting December 6, 2022 Page 5 of 139 Council-Regular Meeting C1 Meeting Date:12/06/2022 To:Mayor and Council Submitted For:Jason Angell, Development Services Director From:Dustin Ward, Civil Engineer Date:December 6, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-123: Relating to Development; approving a release of assurances for Cortaro Ranch Phase II Lots 1 through 6 and Common Areas “A” and “B” as modified and accepting public improvements for maintenance (Jason Angell) Discussion: The final plat for “Cortaro Ranch Phase II Lots 1 through 6 and Common Areas “A” and “B” (“Cortaro Ranch Phase II”) was recorded in the Pima County Recorder’s Office on April 12, 2019 at Sequence 20191020080, and has subsequently been modified three times. The Town has a commercial assurance and development agreement with Cortaro Commercial JV, LLC (the “Subdivider”), recorded in the Pima County Recorder’s Office on September 4, 2015 at Sequence 20152470219, as modified by two amendments, assuring the completion of public improvements for Cortaro Ranch Phase II as modified. The assurance agreement assured completion of Joplin Lane, located north of Cortaro Farms Road along the I-10 Frontage Road on the east side of I-10. The subdivider has completed the improvements serving Cortaro Ranch Phase II Lots 1 through 6 acceptable to town standards in accordance with the assurance agreement, including public infrastructure consisting of a public street. If approved, this resolution will release the Joplin Lane assurances and accept the roadways for maintenance. Marana Regular Council Meeting December 6, 2022 Page 6 of 139 Staff Recommendation: Staff recommends approving a release of assurances for Cortaro Ranch Phase II/Joplin Lane and accepting the public improvements for maintenance. Suggested Motion: I move to adopt Resolution No. 2022-123, approving a release of assurances for Cortaro Ranch Phase II Lots 1 through 6 and Common Areas “A” and “B” as modified and accepting public improvements for maintenance. Attachments Resolution No. 2022-123 Location map/Cortaro Ranch Phase II plat Marana Regular Council Meeting December 6, 2022 Page 7 of 139 00084581.DOCX /1 Resolution No. 2022-123 - 1 - MARANA RESOLUTION NO. 2022-123 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR CORTARO RANCH PHASE II LOTS 1 THROUGH 6 AND COMMON AREAS “A” AND “B” AS MODIFIED AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS the final plat for “Cortaro Ranch Phase II Lots 1 through 6 and Common Areas “A” and “B” (“Cortaro Ranch Phase II”) was recorded in the Pima County Recorder’s Office on April 12, 2019 at Sequence 20191020080; and WHEREAS Cortaro Ranch Phase II was modified by the final plat for Cortaro Ranch Phase II Lots 4-6, recorded in the Pima County Recorder’s Office on February 7, 2020 at Sequence 20200380096; and WHEREAS Cortaro Ranch Phase II was further modified by the final plat for Cortaro Ranch Phase II Lots 6A & 6B, recorded in the Pima County Recorder’s Office on August 6, 2021 at Sequence 20212180290; and WHEREAS Cortaro Ranch Phase II was further modified by the record of survey for minor land division for Cortaro Ranch Phase II Lots 6A & 6B, recorded in the Pima County Recorder’s Office on July 15, 2022 at Sequence 20221960418; and WHEREAS the Town has a commercial assurance and development agreement with Cortaro Commercial JV, LLC (the “Subdivider”), recorded in the Pima County Recorder’s Office on September 4, 2015 at Sequence 20152470219, as modified by its first amendment, recorded in Pima County Recorder’s Office on May 4, 2018 at Sequence 20181240060, and its second amendment, recorded in Pima County Recorder’s Office on April 23, 2021 at 20211131024 (collectively, the “Assurance Agreement”) assuring the completion of public improvements for Cortaro Ranch Phase II as modified; and WHEREAS the Subdivider has completed the public improvements for Cortaro Ranch Phase II acceptable to Town standards in accordance with the Assurance Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Assurance Agreement is hereby released. Marana Regular Council Meeting December 6, 2022 Page 8 of 139 00084581.DOCX /1 Resolution No. 2022-123 - 2 - Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 0.30 miles of the following paved streets as shown on the plat of Cortaro Ranch Phase II as modified: • Joplin Lane PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of December, 2022. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting December 6, 2022 Page 9 of 139 Marana Regular Council Meeting December 6, 2022 Page 10 of 139 Marana Regular Council Meeting December 6, 2022 Page 11 of 139 Marana Regular Council Meeting December 6, 2022 Page 12 of 139 Marana Regular Council Meeting December 6, 2022 Page 13 of 139 Council-Regular Meeting C2 Meeting Date:12/06/2022 To:Mayor and Council From:Luke Fischer, Senior Assistant Town Attorney Date:December 6, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-124: Relating to Liquor Licenses; appointing the Town Clerk as the Town Council’s designee to review extended premises and special event liquor license applications and make recommendations to the Arizona Department of Liquor License and Control; rescinding Resolution Nos. 2001-50 and 2018-081 (Luke Fischer) Discussion: A special event liquor license is a temporary, non-transferable, liquor license with retail privileges that allows a government, political, or non-profit entity to sell and serve spirituous liquor at a special event. The applicant for a special event liquor license must request approval from the local municipality where the special event is to take place. If the application is approved by the local municipality, and the event meets the requirements for granting the license, the director of the Arizona Department of Liquor Licenses and Control (DLLC) may issue a special event liquor license to the qualifying organization. A temporary extension of premises allows a licensed establishment to extend the licensed premises temporarily to include an additional area the premises (such as a patio) that is not already licensed by the existing liquor license. Similar to a special event liquor license, a temporary extension of premises application must first be reviewed by the local municipality for its advisory recommendation. Then, the DLLC will then determine whether the temporary extension of premises will be approved. For both temporary extension of premises and special event liquor license applications, Marana Regular Council Meeting December 6, 2022 Page 14 of 139 For both temporary extension of premises and special event liquor license applications, Town staff ensures that the applications meet the requirements of their respective statutes. Historically, the special event liquor license applications were brought before the Town Council for approval or disapproval. In 2018, the Arizona legislature amended A.R.S. § 4-203.02 to allow a local governing body to authorize a designee to review and approve special event liquor licenses. Accordingly, on September 4, 2018, the Town Council approved Resolution 2018-081 and designated the Town Manager as the designee to review and approve special event liquor licenses. In 2022, the Arizona legislature added A.R.S. § 4-207.03 addressing extended premises, similarly allowing the governing body to authorize a designee to review and approve these licenses. In 2001, the Town Council had approved Resolution No. 2001-050 authorizing the Town Clerk to transmit recommendations for an extension of premises upon the review and approval of the application by the Town Manager. If approved, the proposed resolution will designate the Town Clerk to review and approve both special event liquor license and extended premises applications. Additionally, the proposed resolution will update the statutory authority for the governing body to authorize a designee to approve temporary extension of premises. Consolidating review and approval with the Town Clerk will ensure these applications are processed efficiently. Town staff will still continue to perform the same review of applications as was completed previously. Staff Recommendation: Staff recommends that the Town Clerk be appointed as the Town Council's designee to review and approve special event liquor licenses and provide recommendations for extended premises liquor license applications to the Arizona Department of Liquor License and Control. Suggested Motion: I move to adopt Resolution No. 2022-124, appointing the Town Clerk as the Town Council’s designee to review extended premises and special event liquor license applications and make recommendations to the Arizona Department of Liquor License and Control; rescinding Resolution Nos. 2001-050 and 2018-081. Attachments Resolution No. 2022-124 Marana Regular Council Meeting December 6, 2022 Page 15 of 139 - 1 - Marana Resolution No. 2022-124 MARANA RESOLUTION NO. 2022-124 RELATING TO LIQUOR LICENSES; APPOINTING THE TOWN CLERK AS THE TOWN COUNCIL’S DESIGNEE TO REVIEW EXTENDED PREMISES AND SPECIAL EVENT LIQUOR LICENSE APPLICATIONS AND MAKE RECOMMENDATIONS TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSE AND CONTROL; RESCIND- ING RESOLUTION NOS. 2001-50 AND 2018-081 WHEREAS A.R.S. §4-207.03 provides that before an extended premises liquor li- cense application may be approved by the Arizona Department of Liquor License and Control (the “Department”), the application may be reviewed by the local governing body or the governing body’s designee to provide an advisory recommendation of ap- proval or disapproval to the Department; and WHEREAS on May 22, 2001, the Town Council adopted Resolution No. 2001 -50, authorizing the Town Clerk to transmit recommendations to the Department regarding extended premises liquor license applications, upon the review and approval of the ap- plications by the Town Manager; and WHEREAS A.R.S. §4-203.02 provides that before a special event liquor license ap- plication may be approved by the Department, the application must be approved by the local governing body or the governing body’s designee; and WHEREAS on September 4, 2018, the Town Council adopted Resolution No. 2018- 081, appointing the Town Manager as the Town Council’s designee for review and ap- proval of special event liquor license applications; and WHEREAS the Town Council finds that appointing a designee to review extended premises and special event liquor license applications and make recommendations to the Arizona Department of Liquor License and Control is in the best interests of the commu- nity. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town Clerk is hereby appointed as the Town Council’s designee to review extended premises and special event liquor license applications and make recommendations to the Arizona Department of Liquor License and Control. BE IT FURTHER RESOLVED that Resolution No. 2001-50 and Resolution No. 2018-081 are hereby rescinded. Marana Regular Council Meeting December 6, 2022 Page 16 of 139 - 2 - Marana Resolution No. 2022-124 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 6th day of December, 2022. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting December 6, 2022 Page 17 of 139 Council-Regular Meeting C3 Meeting Date:12/06/2022 To:Mayor and Council Submitted For:Fausto Burruel, Public Works Director From:Dan Grossman, CIP Process Analyst Date:December 6, 2022 Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area Additional Info: PRINCIPLE STATEMENT 2: WE WILL SEEK AND RETAIN DIVERSE INDUSTRIES AND COMMERCE. Initiative 3: Invest in airport infrastructure and lease opportunities to grow airport operations. Subject:Relating to Procurement; ratifying the Town Manager's approval of a change order to the Airport MIRL, PAPI, & Beacon Replacement (AP026) project in the amount of $3,059.25; authorizing the transfer of appropriations, if necessary, for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Fausto Burruel) Discussion: Marana Town Code Section 3-4-7(B)(3) provides that Town Council approval is necessary for change orders that individually or cumulatively exceed $100,000.00. However, Section 3-4-8(B) provides that the town manager or designee may approve change orders to public improvements contracts that exceed the authority otherwise granted by this section if the town manager reasonably determines that doing so will avoid unnecessary contractor delay claims or costs or public health or safety hazards that would otherwise occur while awaiting Town Council approval, provided that Town Council ratification occurs as soon as practicable thereafter. Marana Regular Council Meeting December 6, 2022 Page 18 of 139 The budget for fiscal year 2022 - 2023 was adopted on June 21, 2022. The Airport MIRL, PAPI, & Beacon Replacement project (AP026) was properly included within the Town of Marana’s FY2023 Capital Improvement Plan. The budget amount for the Airport MIRL, PAPI, & Beacon Replacement is $1,635,285.00. Effective 12/02/2021, the Town and Pavex Corp entered into a Construction Contract in the amount of $715,705.00 to construct the Airport MIRL, PAPI, & Beacon Replacement project (AP026). There have been four previous change orders for this project totaling $176,866.93, which has brought the Pavex Construction Contract to $892,571.93. The existing L-854 Pilot-Controlled lighting radio controller needs to be replaced. This controller allows approaching pilots to turn on the airport lighting at night. The existing equipment is not properly discriminating radio calls, causing lighting equipment to turn on when not requested or required. Replacement of this equipment will reduce strain on the constant current regulators, the lighting equipment, and electrical usage. The cost of this change order is $3,059.25, which will bring the Pavex Construction Contract to $895,631.18. This change order is necessary to avoid unnecessary contractor delay claims or costs or public health or safety hazards costs and the amount of these change orders exceeds $100,000.00; therefore, this change order required immediate approval by the Town Manager. With active contracts and contractors in place, the Town Manager exercised his authority under Section 3-4-8(B) of the Town Code to authorize change orders to the project. This item is on the agenda for the Town Council to ratify the Town Manager's action. Financial Impact: Fiscal Year:2023 Budgeted Y/N:Yes Amount:$3,059.25 These change orders will be funded with Airport Capital funds, GL Account # 52592000-8015-AP026. The $3,059.25 will be reimbursed to the Town through ADOT Grant #: E2S2N01C. Staff Recommendation: Staff recommends ratification of the Town Manager's approval of the change order to Marana Regular Council Meeting December 6, 2022 Page 19 of 139 Staff recommends ratification of the Town Manager's approval of the change order to the Airport MIRL, PAPI, & Beacon Replacement (AP026) project in the amount of $3,059.25. Suggested Motion: I move to ratify the Town Manager's approval of the change order to the Airport MIRL, PAPI, & Beacon Replacement project in the amount of $3,059.25; to authorize the transfer of appropriations if necessary for the change order; and to authorize the Town Manager or designee to execute the necessary documents to effectuate the change order. Attachments No file(s) attached. Marana Regular Council Meeting December 6, 2022 Page 20 of 139 Council-Regular Meeting C4 Meeting Date:12/06/2022 To:Mayor and Council Submitted For:David L. Udall, Town Clerk/Assistant Town Attorney From:Richelle Valenzuela, Executive Assistant Date:December 6, 2022 Subject:Approval of Regular Council Meeting Summary Minutes of November 15, 2022 and Special Council Meeting Summary Minutes of November 22, 2022 (David L. Udall) Attachments Regular Council Meeting Summary Minutes, 11/15/2022 Special Council Meeting Summary Minutes, 11/22/2022 Marana Regular Council Meeting December 6, 2022 Page 21 of 139 Council Regular Meeting Summary Minutes November 15, 2022 Page 1 of 8 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 15, 2022, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:00 PM and directed the Town Clerk to call the roll. All Council Members were present, constituting a quorum. APPROVAL OF AGENDA Vice Mayor Post moved to approve the agenda as presented. Council Member Kai seconded the motion. Motion passed, 7-0. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. CALL TO THE PUBLIC Mr. David Morales addressed the Council. He highlighted veterans and the veteran associations in the community. Marana Regular Council Meeting December 6, 2022 Page 22 of 139 Council Regular Meeting Summary Minutes November 15, 2022 Page 2 of 8 Council Member Ziegler said she recently joined a veteran’s association and complemented veterans. PROCLAMATIONS PR1 Proclamation recognizing November 26, 2022 as "Small Business Saturday" (David L. Udall) The proclamation will be mailed to the recipient. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Officer commented on his visit of the Waterman Restoration Site grand opening. Mayor Honea commented on recent Pima Association of Governments (PAG) and Regional Transportation Authority (RTA) meetings. He said he addressed the meetings in his recent podcast recording. Mayor Honea commented on the Executive Board meeting he recently attended for the Arizona League of Cities and Towns and on his and Council Member Officer’s recent visit to Roche Tissue Diagnostics. He also praised the Erik Hite Foundation. Council Member Ziegler commented on the recent statewide general election results and the Parsons Steel 50th Anniversary event. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manger Terry Rozema praised the Erik Hite Foundation event. He said the Town has issued 11 single-family residential permits so far in November. Last November, there were 86 total permits issued. He announced Chase Construction was selected to be the construction manager at risk for the new community center and complemented the Parks and Recreation Department on receiving multiple state awards recently. He commented on the upcoming Concerts in the Courtyard event, the Thanksgiving food drive put on by the Police Department, the upcoming BioBlitz event, and an upcoming blood drive. PRESENTATIONS P1 Relating to Budget; presentation of first quarter results (July -September) for the Town's General Fund and other selected major funds for the 2022-2023 fiscal year (Yiannis Kalaitzidis) Finance Director Yiannis Kalaitzidis provided a PowerPoint presentation regarding the first quarter financial health of the Town’s general fund and other selected major funds Marana Regular Council Meeting December 6, 2022 Page 23 of 139 Council Regular Meeting Summary Minutes November 15, 2022 Page 3 of 8 for the 2022-2023 fiscal year. A copy of the PowerPoint presentation is on file with the Town Clerk’s Office. CONSENT AGENDA C1 Resolution No. 2022-117: Relating to Personnel; Approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Classification and Compensation, Policy 3-4 “Payroll Procedures” and Policy 3-12 “Employee Disbursements,” multiple policy revisions to Chapter 4 Employment Benefits and Leaves, revising Chapter 5 – Work Rules and Employee Discipline, Section 5-5-5 “Grounds for Disciplinary Action,” and revising Chapter 7 Safety and Health, Policy 7-5 “Drug- and Alcohol-free Workplace” (Curry C. Hale) C2 Resolution No. 2022-118: Relating to Water; approving and authorizing the Town Manager or Water Director to execute the Application for a Modification of Designation of Assured Water Supply (DWR No. 86-402254.0002), and to take all other action necessary to obtain the modification (Jing Luo) C3 Approval of the Regular Council Meeting Summary Minutes of November 1, 2022 (David L. Udall) Council Member Ziegler moved to approve the consent agenda. Vice Mayor Post seconded the motion. Motion passed, 7-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 PUBLIC HEARING: Ordinance No. 2022.016: Relating to Development; approving a rezoning of approximately 165 acres of land located east of Interstate 10, east and west of Adonis Road, and approximately 1.2 miles north of Tangerine Road from Zone E (Transportation Corridor) to R-4 (Residential), R-5 (Residential), and MR-1 (Multi-Family Residential) (Jason Angell) Mayor Honea opened the public hearing at 6:28 PM. Town Attorney Jane Fairall presented on this item. Ms. Fairall informed the Council that Town staff was still working with the developer and that the developer was requesting to continue public hearing to the January 17, 2023 Town Council meeting. Marana Regular Council Meeting December 6, 2022 Page 24 of 139 Council Regular Meeting Summary Minutes November 15, 2022 Page 4 of 8 Mayor Honea closed the public hearing at 6:29 PM. Vice Mayor Post moved to continue the public hearing for Ordinance No. 2022.016 to the January 17, 2022 Town Council meeting. Council Member Comerford seconded t he motion. Motion passed, 7-0. A2 PUBLIC HEARING: Ordinance No. 2022.025: Relating to Development; approving a modification to Marana Ordinance No. 2003.19, which rezoned approximately 40 acres of land located generally at the northeast corner of Sanders Road and Moore Road, to delete a provision of the ordinance that required the developer to install dual water lines (Jane Fairall) Mayor Honea opened the public hearing at 6:31 PM. Town Attorney Jane Fairall presented on this item. Ms. Fairall said this item involved a request to delete the condition of a 2003 rezoning ordinance requiring the installation of a non-potable water system. She explained that, pursuant to a 2013 intergovernmental agremeent with the Cortaro Marana Irrigation District (CMID), developers were required to provide non-potable water unless CMID determined it was economically unfeasible. Ms. Fairall explained that both CMID and the Town had determined it was not economically feasible for the subdivision at issue to provide non-potable water, but the rezoning condition remained. Approval of this item would ensure there would not be a violation of the 2003 rezoning ordinance requirement. Mayor Honea closed the public hearing at 6:32 PM. Council Member Ziegler moved to adopt Ordinance No. 2022.025. Council Member Officer seconded the motion. Motion passed, 7-0. A3 PUBLIC HEARING: Ordinance No. 2022.026: Relating to Development; adopting revisions to Title 17 "Land Development" of the Marana Town Code, including adding definitions for solar energy systems and energy storage to Section 17 -1-6 (Definitions), adding zoning provisions for solar energy systems and energy storage to Chapter 17 -4 “Zoning,” revising Chapter 17-6 “General Development Regulations” to add new section 17-6-11 (Solar energy systems and energy storage facilities); and other various revisions to Title 17 of the Marana Town Code; and designating an effective date (Travis Lundell) Resolution No. 2022-119: Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2022.026, revisions to Title Marana Regular Council Meeting December 6, 2022 Page 25 of 139 Council Regular Meeting Summary Minutes November 15, 2022 Page 5 of 8 17 “Land Development” of the Marana Town Code, including adding definitions for solar energy systems and energy storage to Section 17-1-6 (Definitions), adding zoning provisions for solar energy systems and energy storage to Chapter 17 -4 “Zoning,” revising Chapter 17-6 “General Development Regulations” to add new Section 17-6-11 (Solar energy systems and energy storage facilities); and other various revisions to Title 17 of the Marana Town Code (Travis Lundell) Mayor Honea opened the public hearing at 6:34 PM. Planning Manger Steven Cheslak presented on this item. A copy of the PowerPoint presentation is on file with the Town Clerk’s Office. Mr. Cheslak said the Town has received inquiries regarding the installation of large utility solar facilities and energy storage systems (battery energy storage systems, or BESS) and that the Town Code did not contain provisions specifically addressing development standards for these. He said the proposed standards in this item would revise the Town Code to address these land uses and provide standards for view sheds, among other things. Council Member Comerford and Council Member Ziegler expressed concern regarding large-scale disposal of the batteries. Mr. Cheslak explained there are decommissioning and disposal requirements developers would be contractually obligated to follow. Council Member Ziegler asked for clarification regarding who needed to approach the Arizona State Land Department for battery storage use requests, and Mr. Cheslak stated it would be the developers. Council Member Kai commented on how the Tesla battery systems work. Council Member Craig asked how the code provisions came about. Mr. Cheslak explained staff conducted research to develop the provisions and received stakeholder comments from power providers. Town Manager Terry Rozema informed the Council that staff looked to Coolidge, Arizona as part of developing the standards, which dealt with this issue extensively. Erik Hawkins, Chief Operating Office and General Council of Trico Electric Cooperative, addressed the Council regarding the benefits of the battery systems. He said Trico’s hope was to eventually develop these systems on a smaller, more localized scale within neighborhoods. Mayor Honea commented on fire fighters who were killed trying to fight a battery related fire and asked if the batteries were safer now. Mr. Hawkins explained the batteries have newer technology to be safer in a fire and fire fighters are being trained on how to deal Marana Regular Council Meeting December 6, 2022 Page 26 of 139 Council Regular Meeting Summary Minutes November 15, 2022 Page 6 of 8 with battery related fires. The batteries are now designed to melt down within the containment unit in the event of a fire. Council Member Ziegler asked about the size and look of the battery systems. Mr. Hawkins provided an explanation of the size and said the photo in the slides provided a good representation of what they will look like. Please see the PowerPoint slides for more information. Council Member Ziegler asked how long a BESS project would take to construct. Mr. Hawkins said one was built during the pandemic in 14 months. Mayor Honea said it was good to support projects creating clean power. Mayor Honea closed the public hearing at 6:56 PM. Council Member Kia moved to adopt Ordinance No. 2022.026 and Resolution No. 2022- 119. Vice Mayor Post seconded the motion. Motion passed, 7-0. A4 Relating to Mayor and Council; administration of the oath of office for Council Members Herb Kai, Jon Post, Patti Comerford, and John Officer (David L. Udall) Town Clerk/Assistant Town Attorney David Udall administered the oath of office to the four elected Council Members and distributed to each a certificate of election. ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Resolution No. 2022-120: Relating to Flood Control; endorsing the Pima County Regional Flood Control District Santa Cruz River Management Plan (Fausto Burruel) Public Works Director Fausto Burruel introduced Mr. Evan Canfield with the Pima County Regional Flood Control District and Mr. Kevin Payne with Kimley Horn. A copy of the PowerPoint presentation is on file with the Town Clerk’s Office. Mr. Canfield introduced the purpose of the Santa Cruz River Management Plan, which was to develop a management strategy to balance flood risk management, drainage infrastructure protection, water recharge, recreation opportunities, public safety, and riparian habitat preservation for the river from Grant Road to Pinal County. He provided the following link to a webpage containing more infor mation: http://www.pima.gov/santacruzriverplan/. Mr. Canfield explained how the river was divided up into separate project areas and explained the several projects that were identified as part of the plan. He also showed a slide documenting stakeholder concerns that assisted in the selection of projects. Mr. Marana Regular Council Meeting December 6, 2022 Page 27 of 139 Council Regular Meeting Summary Minutes November 15, 2022 Page 7 of 8 Payne explained there are 13 projects within the Marana Town limits and showed several maps while explaining these projects. Mr. Canfield explained the vegetation management plan, the implementation plan, and the schedule for the various projects. Council Member Comerford, Council Member Kai, and Mayor Honea expressed concern regarding vegetation in the river and the risks it posed to bridges, etc. Council Member Comerford also expressed concern regarding homeless camps and the debris created that could cause damage when the river flows. Mr. Canfield explained it was a problem, and that the Flood Control District has worked with law enforcement to address it. Council Member Ziegler commented on Marana’s response to homeless camps and asked where undercutting was occurring on the river. She also asked if the Town needed to provide funding for the projects. Mr. Canfield explained there was undercutting near the Quarry Pines development and on the Cortaro Farms side and explained mitigation efforts. He said he does not believe Marana is on the hook for funding currently, but said the District may look to share costs once recreation amenities are developed. He also said the District does not build bridges. Vice Mayor Post complemented their work. Council Member Officer commented there was a need to maintain what we have now before adding new things. Vice Mayor Post moved to approve Resolution No. 2022-120. Council Member Officer seconded the motion. Motion passed, 7-0. D2 Relating to Mayor and Council; selection of the Vice Mayor (David L. Udall) Council Member Ziegler moved to appoint Jon Post to serve as Vice Mayor. Council Member Comerford seconded the motion. Motion passed, 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 Marana Regular Council Meeting December 6, 2022 Page 28 of 139 Council Regular Meeting Summary Minutes November 15, 2022 Page 8 of 8 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). Mayor Honea asked for future agenda items. There were no future agenda items. ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Council Member Ziegler moved to adjourn the meeting. Council Member Officer seconded the motion. Motion passed, 7-0. Meeting adjourned at 7:38 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 15, 2022. I further certify that a quorum was present. ______________________________________ David L. Udall, Town Clerk Marana Regular Council Meeting December 6, 2022 Page 29 of 139 Special Council Meeting Summary Minutes November 22, 2022 Page 1 of 13 MARANA TOWN COUNCIL SPECIAL COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Second Floor Conference Center, November 22, 2022, at or after 11:00 AM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Vice Mayor Post called the meeting to order at 6:00 PM and directed the Town Clerk to call the roll. Mayor Honea was excused. All other Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Vice Mayor Post. APPROVAL OF AGENDA Council Member Ziegler moved to approve the agenda as presented. Council Member Comerford seconded the motion. Motion passed, 6-0. CONSENT AGENDA Marana Regular Council Meeting December 6, 2022 Page 30 of 139 Special Council Meeting Summary Minutes November 22, 2022 Page 2 of 13 C1 Resolution No. 2022-121: A resolution of the Mayor and Common Council of the Town of Marana, Arizona, approving the form and authorizing the execution and delivery of a loan agreement with the Water Infrastructure Finance Authority of Arizona from its Drinking Water Revolving Fund Program; delegating the determination of certain matters relating thereto to the manager of the town; providing for the transfer of certain monies and making certain covenants and agreements with respect thereto; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such loan agreement and this resolution and declaring an emergency (Jing Luo) Council Member Ziegler moved to approve the consent agenda. Council Member Officer seconded the motion. Vice Mayor Post requested a roll call vote. In favor: Vice Mayor Post, Council Member Craig, Council Member Comerford, Council Member Kai, Council Member Officer, and Council Member Ziegler. Against: None. Motion passed, 6-0. COUNCIL ACTION A1 Resolution No. 2022-122: Relating to Elections; declaring and adopting the results of the Town of Marana general election held on November 8, 2022 (David L. Udall) Town Clerk/Assistant Town Attorney David Udall informed the Council that the Town had received the official canvass of votes of the November 8, 2022 general election and that Resolution No. 2022-122 now incorporated the results of the official canvass. Council Member Kai moved to approve Resolution No. 2022-122. Council Member Ziegler seconded the motion. Motion passed, 6-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Relating to Water; presentation, discussion, and possible direction regarding the Town of Marana's one-megawatt allocation of Parker-Davis hydropower, drought preparedness plan, water conservation program, and water resources (Jing Luo) Water Director Jing Luo and Water Resources Coordinator Asia Philbin presented on this item. A copy of the PowerPoint presentation is on file with the Town Clerk’s Office. Also on file with the Town Clerk are the following three handouts provided at the meeting: a copy of Marana Resolution No. 2007-177, a document titled, “Draft Table 1. Marana Regular Council Meeting December 6, 2022 Page 31 of 139 Special Council Meeting Summary Minutes November 22, 2022 Page 3 of 13 Summary Drought Stage Response Measures,” and a document titled, “Brief Summary of Conservation Incentive Programs by local providers and AMWUA cities and towns.” Dr. Luo introduced and then began presenting on the following topics: hydropower, water resource acquisition, designated assured water supply (DAWS) modification, droughts preparedness plan revision, and the Town’s water conservation program. • Hydropower Update: o Dr. Luo showed a slide depicting the hydropower distribution process and explained that the Town has a one-megawatt (1MW) allocation of Parker- Davis hydropower. o Challenges (also see PowerPoint slide for a related bar graph): ▪ Underutilization: the Town only uses approximately 50% of the 1MW. ▪ High cost of scheduling services: the Town pays approximately $5,000 per month to Arizona Electric Power Cooperative (AEPCO) with a 3% annual escalation. ▪ Past scheduling fee deferment – in which, the Town owed to AEPCO $216,000. ▪ Accumulated loss over the last 13 years of $129,000. o Resolutions (also see PowerPoint slide for an image of a related letter): ▪ In June 2022, AEPCO waived the deferment of $216,000 entirely. ▪ Starting from September 2022, AEPCO/Trico Electric Cooperative (TRICO) stopped charging the $5,000 service fee. ▪ Accumulated savings now of approximately $87,000 in place of an accumulated loss. ▪ Moving forward, we will pay the TRICO rate for the power we use. ▪ The 1MW of hydropower is still under the Town’s contract until 2028, and the Town can decide how it wants to proceed thereafter. Regarding the hydropower agreement, Council Member Kai asked if the Town would be responsible for any holding costs until 2028 and asked what TRICO’s retail rate was. Dr. Luo said there would not beholding costs to her knowledge and Ms. Philbin explained the retail rate varies, but could be around 15 cents per kilowatt hour for the Town, depending on the use. Council Member Ziegler asked if the Town was in a deficit and if the contract terminated in 2028. Dr. Luo confirmed the Town is no longer in a deficit and that the contract would terminate in 2028. Council Member Ziegler asked if the Town knew how much of the 1MW it would use between now and 2028. Dr. Luo said the Town would use the same Marana Regular Council Meeting December 6, 2022 Page 32 of 139 Special Council Meeting Summary Minutes November 22, 2022 Page 4 of 13 amount it currently uses, and Deputy Town Manager Erik Montague commented that it could change depending on how many wells come online and when the expansion of the reclamation facility comes online. Council Member Ziegler asked what the Town’s options would be in 2028. Town Attorney Jane Fairall explained that the Town could renew the contract/apply for a reallocation if the Town wants to continue the relationship, or the Town could terminate the agreement without penalty. Vice Mayor Post asked what the Parker-Davis rate was. Dr. Luo said she would need to get back with the Council with the commercial and hydropower rate comparison. Vice Mayor Post asked why the Town is the only entity not making any money on a hydropower contract, and asked if the Town had approached Tucson Electric Power (TEP). Dr. Luo said the Town has approached TEP and that TEP was not interested. Ms. Fairall explained that TEP did not want to deal with anything less than 1MW. Vice Mayor Post commented that he was glad the Town was keeping its allotment, but was surprised it could not make it work financially. Mr. Montague explained that if the Town had been able to use the full megawatt, there would have been significant savings. Vice Mayor Post asked if the Town cold lay off the portion of the megawatt the Town was not using, and said that is what other entities do so they only use what they need. He also expressed concern at the high cost of scheduling and asked why the Town is not expecting TRICO to do more. Mr. Montague explained that the scheduling was required by contract, but that it is now being waived. Vice Mayor Post said the Town should negotiate a better deal because TRICO will profit well with the Town’s current 1MW arrangement. He explained that the Cortaro Marana Irrigation District (CMID) has 3MWs, and that another entity pays CMID them for what they do not use. He said CMID also banks power with TEP, which can be withdrawn and used during high-usage times. He asked if this was the best deal the Town could get. Council Member Kai asked if the Town had engaged the services of a power attorney, and Dr. Luo said that Michael Curtis is the Town’s outside power attorney. Ms. Fairall explained that Mr. Curtis has been engaged throughout the process. She also explained that the starting point is with the contracts already in place with TRICO and AEPCO. She said the Town is currently negotiating from a position where it is requir ed to pay the scheduling fees it agreed to pay and where it is required to pay back the deferred $216,000, and that the Town has come a long way to see a gain rather than a net loss. Vice Mayor Post said that makes sense. Ms. Fairall also explained that Mr. Curtis informed staff of the Town’s options regarding the contracts and that the Town was restricted from laying off the megawatt. As a result, Town staff works with him on other options to optimize the current arraignment. Marana Regular Council Meeting December 6, 2022 Page 33 of 139 Special Council Meeting Summary Minutes November 22, 2022 Page 5 of 13 Council Member Ziegler asked how long we have been in this contractual relationship. Mr. Fairall said the Town has been in the contractual relationship since 2008, and that it was seen as a good deal at the time. She said if the Town had been able to use the full megawatt, it would have experienced savings. Council Member Ziegler asked if the Town could terminate the agreement early, and if so, what the penalties would be. Dr. Luo explained if that were the case, the Town would still need to pay the TRICO rate, but it would no longer have hydropower as an option. Council Member Kai said he thinks the Town should ask Mr. Curtis to get more creative and see what he can do about the 1MW. He commented that the fee waivers received are good, but that the Town is still paying the full retail rate. Vice Mayor Post said the Town could renegotiate with all parties involved in 2028 and make a decision at that time. Ms. Fairall said that was one of the benefits of continuing the contractual relationship until 2028, especially since the Town is no longer losing money. Council Member Comerford commented that the drought has an effect on all of this as well. Dr. Luo continued with the presentation. • Water Resource Acquisition Update: o Colorado River Water Shortage – 2023 Forecast Under IG and LBDCP. ▪ 1050’<= Mead Elevation > 1045’. ▪ Tier 2a shortage volume = 592 thousand-acre-feet of water (KAF). • 400 KAF per IG. • 192 KAF per LBDCP. ▪ Pre-mitigation pool level impacts: • 100% reduction to Ag. • 100% reduction to NIA. • No reduction to Indian and M&I o Water Resource Acquisition Task Force Topics Schedule ▪ Dr. Luo showed a table viewable in the PowerPoint slides and explained the makeup of the task force. She said that so far, the task force has developed an inventory of opportunities for water right acquisitions. o Other On-Going Water Resource Projects: Marana Regular Council Meeting December 6, 2022 Page 34 of 139 Special Council Meeting Summary Minutes November 22, 2022 Page 6 of 13 ▪ Minimize the loss of effluent in the Santa Cruz River beyond the Trico Rd. gage, beyond which, the effluent currently flows into another active management area. • Getting a proposal from Dibble Engineering to evaluate the feasibility of effluent diversion at El Rio for other regional partners. • Coordinating with CMID/Cairo Engineering on potentially creation of long-term storage credits (LTSC). • Coordinating with Tucson, Bureau of Reclamation (BOR), and others. ▪ Explore Opportunity for Direct Potable Reuse (DPR) • Getting a proposal from Carollo Engineers for a feasibility study. Council Member Kai asked if the Town has contacted the BOR regarding regarding the Santa Cruz River. Dr. Luo confirmed the Town has approached the BOR and is trying to schedule a meeting. Dr. Luo continued with the presentation. • DAWS Modification Update: o DAWS modification is on schedule. ▪ May 26th, 2022: the Arizona Department of Water Resources (ADWR) recognized the Town’s submitted application. ▪ October 17, 2022: ADWR issued the first Notice of Deficiency (which was expected and is a normal part of the process). ▪ November 8, 2022: deficiency review meeting with ADWR. ▪ December 16, 2022: deadline for Marana’s response to deficiency. ▪ The Town is still on track to complete by May 2023. ▪ Dr. Luo highlighted the image of the deficiency letter in the PowerPoint slide. o Key Response Items: ▪ System Connectivity. ▪ Demand/Population Projection. ▪ Locations of Tucson Water Pumping. o Dr. Luo showed a with a graph depicting the historic groundwater level trends near the Marana Service Area and said the aquifer is fairly healthy. Marana Regular Council Meeting December 6, 2022 Page 35 of 139 Special Council Meeting Summary Minutes November 22, 2022 Page 7 of 13 Council Member Craig asked if the data points on the graph constituted different wells. Dr. Luo said they did, and explained the wells represent the Town’s water service area. Vice Mayor Post asked if staff has ever considered selling some of the Town’s fringe water service areas to other companies. Dr. Luo said staff has not seriously considered it. Vice Mayor Post asked if staff has investigated having another water company come into Marana to serve new customers. Dr. Luo explained the Town has a wheeling agreement with Tucson Water, but otherwise staff has not considered bringing in anther water company. Council Member Ziegler said San Tan subcontracts water service there. Dr. Luo said these ideas were something staff could consider, but the focus tonight was on the acquisition of additional water resources. She then continued with the presentation. o Marana Water Resources Moving Forward: ▪ Continue on the Water Resources Task Force and projects. Council Member Craig asked if there were any leads yet on water acquisition opportunities for the Town. Dr. Luo said some opportunities to purchase water exist based on conversations held during the task force meetings, and that staff would present on the task force’s findings in March. Dr. Luo continued with the presentation. ▪ Continue on DAWS modification process with ADWR. ▪ Optimize the use of supplies. • Continue to store and recover Central Arizona Project (CAP) water and effluent (ongoing). • Continue to generate long-term storage credits (LTSC) and groundwater credits (ongoing). • Increased coordination with AWBA, CAP, CAGRD for water order (ongoing). • Execute AWBA agreement for self-recovery (completed). ▪ Conduct a New Rate Study in FY24. ▪ Brief Council and get Council input. • Prepare final drought preparedness plan for Council adoption. • Water conservation fee proposal. Marana Regular Council Meeting December 6, 2022 Page 36 of 139 Special Council Meeting Summary Minutes November 22, 2022 Page 8 of 13 Council Member Ziegler asked what company the Town is using for the rate study. Dr. Luo said the Town has been using Raftelis Financial Consultants, Inc. Ms. Philbin continued with the presentation. • Drought Preparedness Plan Revision Update and Discussion: o Best Practice and Regulatory Requirement ▪ Arizona Drought Preparedness Plan (2004, 2007→ present) • ADWR is the responsible party with reliance on: o Drought Monitoring Technical Committee (MTC) o Governor’s Drought Interagency Coordinating Group (ICG) o Local Drought Impact Groups (LDIGs) o Others (e.g. municipal water providers, such as the Town) • The Drought Preparedness Plan is meant to address: o Conditions of precipitation, streamflow, forest health and drought declarations or disaster designations. o Events with impacts exacerbated by drought, for example: wildfires and flooding. o State, community, and individual actions. • Set requirements for Community Water Systems and municipal water providers to develop a Drought Preparedness Plans (DPP). o Features of the Town’s DPP (also see the PowerPoint slide for images of the Town’s 2007 DPP and the new draft DPP): ▪ Council Adoption of the DPP (Resolution No. 2007-177) (will be revised in the new DPP). ▪ Stages of advancing drought (Four) (will remain the same in the new DPP). ▪ Indicators for each stage (four) (will be revised in the new DPP to two indicators, one local and one regional). ▪ Triggered indicators determine drought stage (two of four) (will be revised in the new DPP to be one of two). ▪ Consistency with other providers (Water CASA) (will remain the same in the new DPP). ▪ Voluntary measures → compulsory measures (Stage 1,2 → Stage 3,4) (will remain the same in the new DPP). Marana Regular Council Meeting December 6, 2022 Page 37 of 139 Special Council Meeting Summary Minutes November 22, 2022 Page 9 of 13 ▪ Compulsory measures are tied to the Town Code (14-7-4 Emergency Water Conservation) (will remain the same in the new DPP). ▪ Drought management team involving multiple Town departments (will be new in the new DPP). ▪ Process for declarations and communications (will be new in the new DPP). o Ms. Philbin showed a slide depicting drought conditions from 2000 – 2022 from the U.S. Drought Monitor, and said that in contrast with the Town’s current DPP – which is focused on local drought indicators – the Town’s new DPP would focus on both local and regional indicators. Ms. Philbin showed a slide with an image depicting the comparison of indicators, triggers, and stage assessment, and noted the first tier in the upper-right- hand column should be 1,075-1,050 instead of 1,090-1,075. Please see the PowerPoint slide for more information. o Drought Management Team (DMT): ▪ Interdepartmental team led by the Water Department. ▪ Involves staff with subject matter expertise. • Communications • Outreach • Development • Logistics ▪ Town departments to demonstrate / lead by example. o Ms. Philbin showed slides outlining how the DMT would operate in the different drought stages, what the drought response measures (for the Town and for the public) would look like at various stages, and regarding the process of adopting a new DPP. Please see the Powe rPoint slides for additional information. Council Member Craig commented that the proposed DPP stage response measures did not include a requirement to get rid of ornamental grass. Ms. Philbin said the measures do include getting rid of ornamental fountains, but said it currently does not include a measure regarding ornamental grass. She said it could be considered and deferred to Mr. Udall regarding what options the relevant Town Code provisions allow the Council to utilize. Mr. Udall explained that the Town Code currently does not include a provision banning ornamental grass when a DPP is activated, but it is something that could be considered. Council Member Kai recommended educating residents, particularly youth, on water conservation. Council Member Ziegler said parents should be focused on as well. Vice Marana Regular Council Meeting December 6, 2022 Page 38 of 139 Special Council Meeting Summary Minutes November 22, 2022 Page 10 of 13 Mayor Post expressed concern that the new DPP may negatively impact commercial water haulers that help those who have lost their wells due to drought. Ms. Philbin said that can be taken into account in defining and clarifying the measures. Ms. Philbin continued with the presentation. • Water Conservation Program Update and Discussion: o Ms. Philbin showed a slide depicting a flow chart of the Town’s Conservation Program – Adaptive Management. Please see the PowerPoint slide for more information. o Conservation Program – Past (see slide for further images and information): ▪ Water CASA of Southern Arizona • Helped the Town in the beginning to address system water loss, i.e. “lost and unaccounted for water.” • Helped the Town establish its 2007 DPP (Resolution No. 2007- 177, a copy of which was included as a handout at the meeting and is on file with the Town Clerk’s Office). • Helped the Town develop BMPs (Basis for Annual Conservation Efforts Report). ▪ Multiple factors lowered gallons per capita per day (GPCD) 1997- 2022: • Active conservation programming. • EPA water sense/predominance of lower use appliances. • Economic downturn and great recession. • Ms. Philbin showed slide with a graph depicting the lowering. Please see the PowerPoint slide for more information. Council Member Craig asked if the decrease was influenced by the increase in multi- family apartment housing. Ms. Philbin said that she believes it was conceptually, but staff has not looked at the data on it yet. o Conservation Program – Present: ▪ Conditions: • ADWR Fifth Management Plan (5MP) – includes progressively more rigorous regulatory measures. • Colorado River: shortage + structural deficit reducing M&I supply to the Tucson Active Management Area (TAMA). Marana Regular Council Meeting December 6, 2022 Page 39 of 139 Special Council Meeting Summary Minutes November 22, 2022 Page 11 of 13 • Accelerated growth – residential and non-residential construction. • Uncertainty and high cost for new supplies. • New grant opportunities. ▪ Efforts: • Continuing past efforts (replacing Water CASA with in-house efforts). • Marana Water Festival. • Marana Citizens’ Water Academy. • Eye on Water (customer portal). • Drought Preparedness Plan update. • Ms. Philbin also showed slides with photographs and relevant graphs. o Conservation Program – Future: ▪ Conditions (see slides for a flow chart and other relevant information): • Continued drought. • Continued growth. • Supply uncertainty. Ms. Philbin said the Water Department is hoping to hire a conservation professional and Council Member Ziegler asked if it was within the Town’s budget. Ms. Philbin confirmed that it was. Council Member Craig asked about changing the Town’s building codes to require more water conservation for new construction, such as water recirculating pumps. Ms. Philbin said the Town could consider making changes to the Code. Vice Mayor Post commented that the Town needs to maintain Town-owned turf for recreation purposes and that it is in a position to maintain it responsibly with respect to water conservation. Ms. Philbin thanked the Council Members for their feedback. Ms. Philbin continued with the presentation. ▪ Increased outreach and engagement: • Citizens’ Water Academy (CWA). • Rebate Programs: o Instant water heaters. o Low flow toilets. o Rainwater harvesting. • Programs for HOAs / commercial, new construction. • Coordinate contracts and partnerships. Marana Regular Council Meeting December 6, 2022 Page 40 of 139 Special Council Meeting Summary Minutes November 22, 2022 Page 12 of 13 • Evaluate effectiveness of current programs. • Research and implement additional programs. o Proposed Conservation Program – Annual Cost Estimate (see slides for tables relating to fee schedule change proposals): ▪ Personnel: approximately $69,000. ▪ Rebates: approximately $50,000. ▪ Additional Elements: approximately $30,000. • Supplies for CWA, outreach events. • Subject matter expertise: o Contracts. o Partnerships. o Training and networking. ▪ Total: approximately $150,000/year Mr. Montague requested feedback between this special meeting and when staff returns with an action item regarding the new DPP. Dr. Luo also requested feedback on funding levels. Dr. Luo recommended the Town take the following steps going forward: • Continue working on water resources acquisition related projects. • Finalize the new Drought Preparedness Plan for Council’s adoption. • Finalize the Water Conservation Program/fees for Council’s adoption. Council Member Comerford commented that the Town should not enact measures substantially different from the City of Tucson in order to maximize consistency and avoid confusion because many of Marana’s citizens are Tucson Water customers. Dr. Luo said the Town strives to be in line with Tucson and other jurisdictions in the region. 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 Marana Regular Council Meeting December 6, 2022 Page 41 of 139 Special Council Meeting Summary Minutes November 22, 2022 Page 13 of 13 Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Vice Mayor Post asked for a motion to adjourn the meeting. Council Member Ziegler moved to adjourn the meeting. Council Member Kai seconded the motion. Motion passed, 6-0. Meeting adjourned at 7:36 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council special meeting held on November 22, 2022. I further certify that a quorum was present. ______________________________________ David L. Udall, Town Clerk Marana Regular Council Meeting December 6, 2022 Page 42 of 139 Council-Regular Meeting A1 Meeting Date:12/06/2022 To:Mayor and Council Submitted For:Jim Conroy, Parks & Recreation Director From:Wayne Barnett, Deputy Director Parks & Recreation Date:December 6, 2022 Strategic Plan Focus Area: Not Applicable Subject:Ordinance No. 2022.027: Relating to Finance; amending the Town of Marana comprehensive fee schedule to reduce the Signature Event Vendor Fee - Non Food Vendor - Single; approving and authorizing a retroactive, partial waiver of the Signature Event Vendor Fee - Non Food Vendor - Single for the 2022 Fall Festival and the 2022 Holiday Festival signature events; and establishing an effective date (Wayne Barnett) Discussion: During the Town of Marana's annual review of fees last fiscal year, the Parks and Recreation Department reviewed and updated fees related to the Town's signature events. As a result of this review, it was determined that the "Signature Event Vendor Fee - Non Food Vendor - Single" fee should be increased from $100.00 to $125.00 per event. During this process, the fee for this category was inadvertently raised from $100.00 to $150.00. The new fees became effective at the beginning of fiscal year 2023. Thus far during fiscal year 2023, all vendors in this category have been charged the intended fee of $125.00, rather than the approved fee of $150.00. This includes vendors who participated in the 2022 Fall Festival (22 vendors) and the 2022 Holiday Festival (28 vendors) signature events. To correct the error, Town staff seeks Council approval to amend the "Signature Event Vendor Fee - Non Food Vendor - Single" fee from $150.00 to $125.00 in the Marana Regular Council Meeting December 6, 2022 Page 43 of 139 comprehensive fee schedule and to retroactively, partially waive $25.00 of the fee, from $150.00 to $125.00, for the 2022 Fall Festival and the 2022 Holiday Festival signature events. The $25.00 waiver will retroactively authorize the $125.00 fee already charged for the 2022 Fall Festival and 2022 Holiday Festival signature events and the proposed fee schedule amendment will allow the Parks and Recreation Department to continue to charge the intended fee of $125.00 for upcoming signature events in the Town. Financial Impact: These changes are estimated to reduce event-related revenues between $2,000 $3,000 for the fiscal year. Staff Recommendation: Staff recommends approval of this item. Suggested Motion: I move to adopt Ordinance No. 2022.027, amending the Town of Marana comprehensive fee schedule to reduce the Signature Event Vendor Fee - Non Food Vendor - Single; approving and authorizing a retroactive, partial waiver of the Signature Event Vendor Fee - Non Food Vendor - Single for the 2022 Fall Festival and the 2022 Holiday Festival signature events; and establishing an effective date. Attachments Ordinance No. 2022.027 Marana Regular Council Meeting December 6, 2022 Page 44 of 139 00085279.DOCX /3 Ordinance No. 2022.027 - 1 - MARANA ORDINANCE NO. 2022.027 RELATING TO FINANCE; AMENDING THE TOWN OF MARANA COMPREHENSIVE FEE SCHEDULE TO REDUCE THE SIGNATURE EVENT VENDOR FEE - NON FOOD VENDOR - SINGLE; APPROVING AND AUTHORIZING A RETROACTIVE, PARTIAL WAIVER OF THE SIGNATURE EVENT VENDOR FEE - NON FOOD VENDOR - SINGLE FOR THE 2022 FALL FESTIVAL AND THE 2022 HOLIDAY FESTIVAL SIGNATURE EVENTS; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9-240(A) to control the finances of the Town; and WHEREAS the Town Council, via Ordinance No. 2021.008, adopted an amended comprehensive fee schedule on May 18, 2021, which was made a public record by and attached as Exhibit A to Resolution No. 2021-071; and WHEREAS from time to time the Town Council has adopted amendments to the comprehensive fee schedule, most recently on October 18, 2022, via Ordinance No. 2022.023; and WHEREAS the comprehensive fee schedule includes a “Signature Event Vendor Fee - Non Food Vendor - Single”, which is currently $150.00 per event (the “Approved Fee”); and WHEREAS the Approved Fee was intended to be increased from $100.00 to $125.00 for fiscal year 2022-2023 (“FY23”), but was erroneously increased to $150.00 when the comprehensive fee schedule was amended on May 17, 2022 via Ordinance No. 2022.009; and WHEREAS for both the 2022 Fall Festival and the 2022 Holiday Festival signature events, vendors were charged the intended fee of $125.00 instead of the Approved Fee of $150.00; and WHEREAS to correct the error, Town staff seeks Council approval to amend the Approved Fee from $150.00 to $125.00 in the comprehensive fee schedule and to retroactively waive $25.00 of the Approved Fee for the 2022 Fall Festival and the 2022 Holiday Festival signature events; and WHEREAS the Mayor and Council of the Town of Marana find that amending the fee schedule and partially waiving the Approved Fee, as set forth in this ordinance, are in the best interests of the Town and its residents. Marana Regular Council Meeting December 6, 2022 Page 45 of 139 00085279.DOCX /3 Ordinance No. 2022.027 - 2 - NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. The Town of Marana comprehensive fee schedule adopted via Ordinance No. 2021.008, as previously amended, is hereby amended (with deletions shown with strikeouts and additions shown with double underlining) (only amendments to the fee schedule are shown; the remainder of the fee schedule is unchanged): Fee/Description Amount Unit of Measure Notes COMMUNITY SERVICES: PARKS, RECREATION & SPECIAL EVENTS Signature Event Vendor Fee - Non Food Vendor - Single $150.00 $125.00 Per Event This fee is for a single booth. Includes electricity and waives cost for 10 day temporary business license. SECTION 2. The Town Council hereby retroactively waives the collection of $25.00 of the Approved Fee for the 2022 Fall Festival and 2022 Holiday Festival signature events. SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of the this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6. This ordinance shall become effective on the 31st day after its adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of December 2022. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting December 6, 2022 Page 46 of 139 Council-Regular Meeting A2 Meeting Date:12/06/2022 To:Mayor and Council Submitted For:Jim Conroy, Parks & Recreation Director From:Jane Fairall, Town Attorney Date:December 6, 2022 Strategic Plan Focus Area: Healthy Lifestyles Strategic Plan Focus Area Additional Info: Provide a variety of recreational, artistic, and cultural opportunities along with a flourishing natural environment to support healthy and active lifestyles. GOAL: OFFER A WIDE VARIETY OF RECREATIONAL PROGRAMS AND AMENITIES FOR RESIDENTS OF ALL AGES AND ABILITIES. STRATEGY: Expand and enhance youth sports in the community Subject:Resolution No. 2022-125: Relating to Development; amending the infrastructure improvements plan supporting development impact fees for parks and recreation facilities by shifting the anticipated development impact fee funding among certain projects and by reducing the cost provided for the Twin Peaks District Park Land Acquisition and Phase 1 Development project without changing the amount of the parks impact fees or the level of service; authorizing the transfer of up to $650,000 in budgeted expense authority from the Santa Cruz Shared Use Path at Cal Portland Project line item to the Gladden Farms Baseball Field Improvements line item within the impact fee fund (Jim Conroy) Discussion: The Town's infrastructure improvements plan for parks and recreation facilities (the Marana Regular Council Meeting December 6, 2022 Page 47 of 139 The Town's infrastructure improvements plan for parks and recreation facilities (the "Parks IIP") identifies the projects and funding levels for parks and recreation facilities that are proposed to be funded with the Town's Parks and Recreation Facilities Development Impact Fee (the "P&R DIF"). The Town Council adopted the most recent Parks IIP on September 20, 2022. The Gladden Farms Baseball Field Improvements, Town of Marana Project No. PK033, is included in the Parks IIP. This project involves the installation of field lights and the construction of other related improvements that will change the fields from daytime-only use fields to daytime and evening use fields. The improvements will enable the Town to significantly expand the hours of operation and the number of teams / individuals who can use and benefit from access to this facility. It will help the Parks and Recreation Department to maintain a consistent level of service related baseball / softball field availability. The Parks IIP proposes P&R DIF funding of $660,765.00 for the project; however revised engineer's estimates for the project indicate that it will likely require $1,200,000 in P&R DIF funding. To make the additional P&R DIF funding available for Project PK033, Town staff proposes to shift $539,235.00 in funding from the Twin Peaks Park District Park - Land Acquisition and Phase 1 Development line item of the Parks IIP. The Twin Peaks District Park will be a new park as identified in the Town’s Parks and Recreation 2020-2030 Master Plan. After adoption of the Parks IIP, Town staff discovered that when added together, the development costs for each project listed in Figure 19 (Parks Capital Improvement Plan – January 1, 2023 to December 31, 2032) of the 2022 Parks IIP (“Figure 19”) totaled $41,647,874.00, a sum that is $179,929.00 more than the projected total development cost of $41,467,945.00 listed in Figure 19. Staff has determined that this discrepancy was due to a simple math error, and has rectified it by removing an additional $179,929.00 from the Twin Peaks District Park line item. With the shift in funding and the above correction of the math error, $16,695,888.00 in P&R DIF funding will remain available to the Twin Peaks District Park project. The proposed resolution for this item includes a finding that the shift in funding will not change the amount of the fee or the level of service. The P&R DIF is proposed to remain at $2,529.63 per single family residence. Town staff believes the shift in funding to the Gladden Farms Baseball Field Improvements, will not reduce the level of service anticipated by the Parks IIP. The proposed resolution will also authorize staff to transfer up to $650,000.00 in budgeted expense authority from the Santa Cruz Shared Use Path at Cal Portland Project (PK023) line item to the Gladden Farms Baseball Field Improvements Project (PK033) line item within the impact fee fund in the fiscal year 2022-2023 budget so that construction of the Gladden Farms Baseball Field Improvements can take place in this fiscal year. Marana Regular Council Meeting December 6, 2022 Page 48 of 139 Financial Impact: Fiscal Year:2023 Budgeted Y/N:No Amount:$650,000 Funding (Park Impact Fees, Fund # 3016) for this change order will be transferred from the Santa Cruz Shared Use Path at Cal Portland Project (PK023) project to the Gladden Farms Baseball Field Improvements (PK033) Project. There is adequate funding available in the Santa Cruz Shared Use Path at Cal Portland Project (PK023) for FY2023 expenditures which is not anticipated to begin construction until May of 2023. The $650,000 of budget authorization will be replenished to the Santa Cruz Shared Use Path at Cal Portland Project (PK023) in the FY2024 budget. This change order will be funded with Park Impact Fees, GL Account # 31651010-8015-PK023. Staff Recommendation: Staff recommends adoption of Resolution No. 2022-125, amending the infrastructure improvements plan supporting development impact fees for parks and recreation facilities by shifting the anticipated development impact fee funding among those projects without changing the amount of the fee or the level of service. Suggested Motion: I move to adopt Resolution No. 2022-125, amending the infrastructure improvements plan supporting development impact fees for parks and recreation facilities and authorizing the transfer of up to $650,000 in budgeted expense authority from the Santa Cruz Shared Use Path at Cal Portland Project line item to the Gladden Farms Baseball Field Improvements line item within the impact fee fund. Attachments Resolution No. 2022-125 Parks IIP Marana Regular Council Meeting December 6, 2022 Page 49 of 139 00084699.DOCX /3 Resolution No. 2022-125 - 1 - MARANA RESOLUTION NO. 2022-125 RELATING TO DEVELOPMENT; AMENDING THE INFRASTRUCTURE IMPROVEMENTS PLAN SUPPORTING DEVELOPMENT IMPACT FEES FOR PARKS AND RECREATION FACILITIES BY SHIFTING THE ANTICIPATED DEVELOPMENT IMPACT FEE FUNDING AMONG CERTAIN PROJECTS AND BY REDUCING THE COST PROVIDED FOR THE TWIN PEAKS DISTRICT PARK LAND ACQUISITION AND PHASE 1 DEVELOPMENT PROJECT WITHOUT CHANGING THE AMOUNT OF THE PARKS IMPACT FEES OR THE LEVEL OF SERVICE; AUTHORIZING THE TRANSFER OF UP TO $650,000 IN BUDGETED EXPENSE AUTHORITY FROM THE SANTA CRUZ SHARED USE PATH AT CAL PORTLAND PROJECT LINE ITEM TO THE GLADDEN FARMS BASEBALL FIELD IMPROVEMENTS LINE ITEM WITHIN THE IMPACT FEE FUND WHEREAS the Town is authorized by the Arizona municipal development impact fee enabling statute, A.R.S. § 9-463.05, to assess and collect development impact fees to offset costs to the Town associated with providing necessary public services to a development; and WHEREAS the Town anticipates adopting an ordinance at its regularly scheduled Town Council meeting on December 20, 2022 to, among other things, revise development impact fees for parks and recreation facilities to conform to A.R.S. § 9-463.05; and WHEREAS the parks and recreation facilities development impact fee anticipated to be adopted relies on the parks and recreation infrastructure improvement plan adopted by paragraph 3 of Marana Resolution No. 2022-100 dated September 20, 2022 (the “2022 Parks IIP”); and WHEREAS the 2022 Parks IIP used an incremental expansion methodology, which allows the Town to adjust the projects on the capital plan to meet changing needs without having to also go through the process of re -calculating the fees or a master plan update (2022 Parks IIP, last bulleted paragraph on page 2-1); and WHEREAS citizen demand for Town parks and recreation facilities and cost escalations make it prudent to shift the anticipated development impact fee funding among certain projects included in the 2022 Parks IIP; and WHEREAS after adoption of the 2022 Parks IIP, Town staff discovered that when added together, the development costs for each project listed in Figure 19 (Parks Capital Improvement Plan – January 1, 2023 to December 31, 2032) of the 2022 Parks IIP (“Figure Marana Regular Council Meeting December 6, 2022 Page 50 of 139 00084699.DOCX /3 Resolution No. 2022-125 - 2 - 19”) totaled $41,647,874.00, a sum that is $179,929.00 more than the projected total development cost of $41,467,945.00 listed in Figure 19; and WHEREAS the revisions to the 2022 Parks IIP supporting development impact fees for parks and recreation facilities will not result in any change in the amount of the parks and recreation development impact fee or the level of service provided to payers of the fee, and therefore fall within the authorization found at A.R.S. § 9-463.05(D)(10), allowing the revisions to be adopted upon 30 days’ notice without a public hearing; and WHEREAS notice of the proposed revisions to the parks and recreation infrastructure improvements plan was published in The Daily Territorial on November 4, 2022; and WHEREAS on June 21, 2022, the Town Council adopted the fiscal year 2022-2023 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS staff requests to transfer up to $650,000 from the Santa Cruz Shared Use Path at Cal Portland Project line item to the Gladden Farms Baseball Field Improvements line item within the impact fee fund; and WHEREAS reallocating amounts between two line items within the fiscal year 2022-2023 budget will not significantly impact the budget; and WHEREAS the Town Council finds this resolution to be in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: Marana Regular Council Meeting December 6, 2022 Page 51 of 139 00084699.DOCX /3 Resolution No. 2022-125 - 3 - SECTION 1. Figure 19 (Parks Capital Improvement Plan – January 1, 2023 to December 31, 2032) of the 2022 Parks IIP is hereby amended as follows (with the “Original Allocation” being those set forth in the 2022 Parks IIP and the “Amended Allocation” being those set forth pursuant to this resolution): Project Original Allocation Amended Allocation El Rio Disc Golf Course $288,334.00 $288,334.00 El Rio Recreation Area - Loop Access Parking Lot $204,237.00 $204,237.00 Gladden Farms Baseball Field Improvements $660,765.00 $1,200,000.00 Gladden Farms Lighted Soccer Fields $286,636.00 $286,636.00 Tortolita Preserve Trailhead, Trails, and Fencing $156,181.00 $156,181.00 Honea Heights Park - Phase 2 Improvements $1,261,461.00 $1,261,461.00 Continental Ranch Park to Loop Extension $420,487.00 $420,487.00 New Competition Swimming Pool (50 Meter) $3,934,557.00 $3,934,557.00 Ora Mae Harn Park Facility Expansion $1,784,066.00 $1,784,066.00 Saguaro Bloom Park - Phase 1 $1,600,375.00 $1,600,375.00 Saguaro Bloom Park - Phase 2 $4,805,566.00 $4,805,566.00 Gladden Farms Bike Park $1,201,391.00 $1,201,391.00 Twin Peaks Park District Park - Land Acquisition and Phase 1 Development $17,415,052.00 $16,695,888.00 Mandarina Community Park $7,568,766.00 $7,568,766.00 Impact Fee Study $60,000.00 $60,000.00 Total $41,467,945.00 $41,467,945.00 Amount Funded by Parks Impact Fee $34,666,423.00 $34,666,423.00 Amount Funded by Construction Sales Tax Credits $6,801,522.00 $6,801,522.00 SECTION 2. The transfer of up to $650,000.00 in budgeted expense authority from the Santa Cruz Shared Use Path at Cal Portland Project (PK023) line item to the Gladden Farms Baseball Field Improvements Project (PK033) line item within the impact fee fund in the fiscal year 2022-2023 budget is hereby approved. SECTION 3. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of December, 2022. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting December 6, 2022 Page 52 of 139 Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan Public Report – FINAL As approved by Marana Town Council September 20, 2022 Prepared by Town of Marana Parks and Recreation Department Town of Marana Engineering Division McGann & Associates, Landscape Architects September 20, 2022 Marana Regular Council Meeting December 6, 2022 Page 53 of 139 Town of Marana 9/15/22 Impact Fee Study Update and Parks Infrastructure Improvement Plan Public Report – FINAL As approved by Marana Town Council September 20, 2022 Prepared by Town of Marana Parks and Recreation Department Town of Marana Engineering Division McGann & Associates, Landscape Architects September 20, 2022 Marana Regular Council Meeting December 6, 2022 Page 54 of 139 Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 Acknowledgements Town of Marana Mayor and Council Ed Honea – Mayor Jon Post – Vice Mayor Patti Comerford – Councilmember Herb Kai – Councilmember Roxanne Ziegler – Councilmember John Officer – Councilmember Jackie Craig – Councilmember Key Staff Terry Rozema – Town Manager Fausto Burruel, P.E. – Public Works Director and Acting Town Engineer Jane Fairall, Town Attorney Jim Conroy, Director, Parks and Recreation Department Wayne Barnett, Deputy Director, Parks and Recreation Department Project Consultants (As subconsultant to Psomas) McGann & Associates Inc. Landscape Architects 6814 North Oracle Road, Suite 210 Tucson, Arizona 85704 (520) 297-9540 Marana Regular Council Meeting December 6, 2022 Page 55 of 139 Table of Contents and List of Figures Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan Table of Contents September 20, 2022 and List of Figures Table of Contents Part 1 – Introduction and Methodology 1. Introduction ....................................................................................................................................... 1-1 2. Methodology ...................................................................................................................................... 2-1 3. Service Area ........................................................................................................................................ 3-1 4. Inventory of Existing Parks and Replacement Value .......................................................................... 4-1 5. Allocation of Asset Value to Residential and Non-Residential Land Uses ......................................... 5-1 Part 2 – Impact Fee Calculation for Residential Development 6. Service Units – Residential Development .......................................................................................... 6-1 7. Necessary Public Services - Existing ................................................................................................... 7-1 8. Projected Service Units for New Development ................................................................................. 8-1 9. Projected Impact Fee Revenue January 1, 2023 to December 31, 2032 ........................................... 9-1 10. Service Units – Non-Residential Development ................................................................................ 10-1 Part 3 – Impact Fee Calculation for Non-Residential Development 11. Park Impact Fee – Non-Residential Development ........................................................................... 11-1 12. Projected Park Impact Fee Revenue – Non-Residential Development (1/1/23 to 12/31/32) ......... 12-1 Part 4 – Parks Capital Improvement Program 13. Park Impact Fee Revenue – Residential and Non-Residential Development .................................. 13-1 14. Necessary Public Services – Capital Improvement Plan ................................................................... 14-1 15. Summary of Projected Revenues, Planned Costs, and Impact Fees ................................................ 15-1 Marana Regular Council Meeting December 6, 2022 Page 56 of 139 Table of Contents and List of Figures Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan Table of Contents September 20, 2022 and List of Figures List of Figures: Part 1 – Introduction and Methodology Figure 1: Methodology Flow Chart ............................................................................................................. 2-2 Figure 2: Service Area ................................................................................................................................. 3-1 Figure 3: Inventory Table - Existing Parks and Replacement Value ............................................................ 4-2 Figure 4: Cost Allocation .............................................................................................................................. 5-1 Figure 5: Asset Value by Land use Type ....................................................................................................... 5-1 Part 2 - Impact Fee Calculation for Residential Development Figure 6: Service Units as Equivalent Demand Units ................................................................................... 6-1 Figure 7: Total Quantity of Equivalent Demand Units (EDU’s) – January 1, 2023 ....................................... 6-2 Figure 8: Existing Park Value by Equivalent Demand Unit ........................................................................... 7-1 Figure 9: Park Equivalent Demand Units (1/1/23 to 12/31/32) .................................................................. 8-1 Figure 10: Projected Park Impact Fee Revenue (1/1/23 to 12/31/32) ........................................................ 9-1 Figure 11: Projected Park Impact Fee Revenue (1/1/23 to 12/31/32) ........................................................ 9-2 Part 3 – Impact Fee Calculation for Non-Residential Development Figure 12: Jobs per 1,000 S.F. – Non-Residential Land Uses ...................................................................... 10-1 Figure 13: New Job Projections (1/1/23 to 12/31/32) ............................................................................... 10-1 Figure 14: Non-Residential Impact Fee Per Job (Without Development Type Classification) ................... 11-1 Figure 15: Non-Residential Impact Fee Per 1,000 S.F. of Development Before Credits ............................ 11-1 Figure 16: Non-Residential Impact Fee Per 1,000 S.F. of Development After Credits .............................. 11-1 Figure 17: Projected Impact Fee Revenues – Non-Residential Development ........................................... 12-1 Part 4 – Capital Improvement Program Figure 18: Projected Impact Fee Revenues – Residential and Non-Residential Development ................. 13-1 Figure 19: Parks Capital Improvement Plan (1/1/23 to 12/31/32) ............................................................ 14-1 Figure 20: Summary of Projected Revenues and Planned Costs ............................................................... 15-1 Figure 21: Summary of Park Impact Fees .................................................................................................. 15-1 Marana Regular Council Meeting December 6, 2022 Page 57 of 139 Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan Part 1 Introduction and Methodology Marana Regular Council Meeting December 6, 2022 Page 58 of 139 1. Introduction Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 1-1 Introduction: In accordance with Arizona Revised Statute (ARS) §9-463.05 the Town of Marana assesses and collects Development Impact Fees to help pay for the construction of new parks and recreational facilities as needed to meet the increased demands placed on the municipal park system by new development. As a precedent to the collection of Development Impact Fees, §9-463.05 requires that an Infrastructure Improvement Plan (IIP) be prepared to identify the required improvements. Per the subject statute, the IIP is defined as: “…. a written plan that identifies each necessary public service or facility expansion that is proposed to be the subject of a development fee and otherwise complies with the requirements of this section and may be the municipality's capital improvements plan.” Included in this document is the Town of Marana’s updated Park Infrastructure Improvement Plan. This new IIP replaces the 2017 IIP which was adopted by Marana Resolution 2017-090 on September 19, 2017. This new plan includes fee schedules and a list of capital improvements that are projected to be constructed over the next ten years. Marana Regular Council Meeting December 6, 2022 Page 59 of 139 2. Methodology Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 2-1 Methodology: This Impact Fee Study Update employs an incremental expansion method that identifies the Town’s existing level of service and projects the level of service assumptions over the next ten years as the community grows. The existing level of service for parks and recreation facilities is assigned a value based on the cost of replacement. The value of the parks and recreation system is adjusted to subtract outstanding debt on existing facilities, the balance collected, unspent impact fees, developer fee credits and the cost of the Impact Fee Study. Demand for an expanded park system will be driven by both residential and non- residential development. The primary driver will be residential development. As new homes are built in the community, the residents that occupy these homes will use the various park resources available to them. The secondary driver will be new non-residential development. As offices, retail outlets, medical offices, and other non-residential facilities are constructed, these facilities will create jobs for individuals including those living outside of the Town. These employees will use Town Park facilities before or after work or during lunch-time breaks. Based on the above, the service units for residential development will be Equivalent Dwelling Units (EDU’s). The service unit for non-residential development will be 1,000 S.F. of Non-Residential Development. The adjusted value of the existing parks and recreation facilities is then distributed across the existing level of community development to calculate a value of the existing parks system per service unit. The adjusted value of the existing parks and recreation facilities relative to current development is then projected onto new development using estimates for future development found in the Town’s land use assumptions. Using this methodology, the Town’s existing level of parks and recreation service is maintained as the community grows and the expansion of parks and recreation facilities necessary to meet the demand of growth has a supplemental funding source in development impact fees. The advantages of using this incremental expansion method over other methods (e.g., a general standards based or plan-based method), include the following: • The fee is based on the existing level of service provided by the Town instead of a national standard that fails to account for local jurisdictional variations. • The incremental expansion method more accurately identifies the value of existing level of service compared to estimating a general cost per acre of developed parkland. Existing level of service is valued by assigning replacement costs to inventoried park assets. • The incremental expansion method is flexible because the impact fee is based on existing level of service. Consequently, the Town may fine tune capital improvements identified in the IIP to meet changing community recreation needs. A standards-based approach based on the Parks and Recreation Master Plan would require an update to the Master Plan and a re-calculation of the impact fees to meet changing community needs. Marana Regular Council Meeting December 6, 2022 Page 60 of 139 2. Methodology Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 2-2 Figure 1: Methodology Flow Chart Identify Service Area Inventory Park Assets Identify Residential vs. Non-Residential Use of Parks Identify Quantity of Existing Housing Units within Service Area Identify Replacement Value of Park Assets Adjust Quantity of Households to reflect Dwelling Types Identify Equivalent Demand Units (EDU's) 1/1/23 Allocate Projected Demand to Residential/ Non- Residential Development Calculate Net Value of Park Assets for Non-Residential Uses Calculate Net Value of Park Assets per EDU Forecast New Non- Residential Development (1/1/23 to 12/31/32) Based on Land Use Assumptions Forecast New EDU's (1/1/23 to 12/31/32) Based on Land Use Assumptions Calculate Impact fee for Non-Residential Development and Adjust for Credits Calculate Impact Fee for Residential Development and Adjust for Credits Forecast Impact Fee Revenues (1/1/23 to 12/32/32) Identify Planned Costs to be Offset by Impact Fee Revenues Marana Regular Council Meeting December 6, 2022 Page 61 of 139 3. Service Area Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 3-1 Service Area: Service areas are defined in ARS §9-463.05 (T)9 as: “… any specified area within the boundaries of a municipality in which development will be served by necessary public services or facility expansions and within which a substantial nexus exists between the necessary public services or facility expansions and the development being served as prescribed in the infrastructure improvements plan.” For purposes of this Impact Fee Study Update, there is one service area identified for the Town of Marana. This service area is shown in Figure 2, below. The service area includes all areas within the jurisdictional boundaries of the Town with the exception of lands within the Dove Mountain Specific Plan boundary. The Dove Mountain area is excluded based on a Town approved Development Agreement. For the remainder of the Town, the most densely developed areas are where existing municipal parks and recreation facilities are located. These densely developed areas are served by the Town’s existing parks and other recreation facilities. It is in areas of new development that park and recreation facility expansion is needed to meet the demands created by growth. Figure 2: Service Area Marana Regular Council Meeting December 6, 2022 Page 62 of 139 3. Service Area Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 3-2 Consequently, new facilities that expand the parks and recreation system will directly benefit residents in areas of new growth in keeping with the legislative requirements for collecting development impact fees. There is, however, a need for additional trails to serve the developed areas of Marana. Since the Town is committed to providing a uniform level of service across the entire town, a single service area will be used. Marana Regular Council Meeting December 6, 2022 Page 63 of 139 4. Inventory of Existing Parks and Replacement Value Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 4 -1 Inventory of Existing Parks: Provided on the following pages is a chart that summarizes the assets associated with the Town of Marana’s existing park system. It includes only improvement types that would be eligible for impact fee funding and excludes items not eligible based on ARS §9-463.05. Per ARS §9-463.05.A, development impact fees may be used: “… to offset costs to the municipality associated with providing necessary public services to a development, including the costs of infrastructure, improvements, real property, engineering and architectural services, financing and professional services required for the preparation or revision of a development fee pursuant to this section, including the relevant portion of the infrastructure improvement plan.” Per ARS §9-463.05.B and 9-463.05.T., development impact fees may not be used for: “Construction, acquisition or expansion of public facilities or assets other than necessary public services or facility expansions identified in the infrastructure improvements plan.” “Repair, operation or maintenance of existing or new necessary public services or facility expansions.” “Upgrading, updating, expanding, correcting or replacing existing necessary public services to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.” “Upgrading, updating, expanding, correcting or replacing existing necessary public services to provide a higher level of service to existing development.” “Administrative, maintenance or operating costs of the municipality.” “… vehicles, equipment or that portion of any facility that is used for amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, zoo facilities or similar recreational facilities, but may include swimming pools.” Replacement Value: Replacement values as shown on the following chart are based on: • Replacement values identified in the 2017 plan escalated to reflect inflation in construction costs through January 1, 2023. • Recent park construction project bids for similar facilities. • Published construction cost data reports. Marana Regular Council Meeting December 6, 2022 Page 64 of 139 4. Inventory of Existing Parks and Replacement Value Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 4 - 2 Figure 3: Inventory Table - Existing Parks and Replacement Value Continental Ranch Park Continental Reserve park Crossroads at Silverbell Park El Rio Neighborhood Park Gladden Farms Park Honea Heights Park Ora Mae Harn Park Saguaro Bloom Park San Lucas Park Tangerine Sky Park Wade McLean Park Wild Burro Trailhead Sanders Road Trailhead North Coachline Boulevard Trailhead Total Facility Units Replacement Value Per Unit Total Replacement Valve Acres (Total) 11.9 9.23 48.27 1.3 25.7 1.0 34.72 22.0 13.49 17.98 4.23 2.0 0.8 1.5 194.12 Acres (Eligible) 11.9 9.23 30.0 1.3 25.7 1.0 30.0 22.0 13.49 17.98 4.24 2.0 0.8 1.5 171.14 Real Property Real Property - Eligible Park Sites 11.9 9.23 30.00 1.3 25.7 1 30.0 22.0 13.49 17.98 4.23 2.0 0.8 1.5 171.14 $30,000.00 $5,134,200.00 Buildings and Structures: Community Center - Allowable Portion (SF) 3,000 1 3,000 $450.00 $1,350,000.00 Restroom Buildings 1 1 3 3 3 1 1 1 1 16 $165,000.00 $2,640,000.00 Concessions 1 1 1 1 1 5 $235,000.00 $1,175,000.00 Operations and Maintenance Building 1 1 2 $470,000.00 $940,000.00 Storage Building 1 1 2 $180,000.00 $360,000.00 Group Ramada (+/- 30’ x 60’ - Site Built or Pre-Eng.)) 1 1 1 3 $130,000.00 $390,000.00 Picnic Ramada - (+/- 30’ x 30’ - Site Built or Pre-Eng.) 1 5 1 1 1 1 2 2 1 1 16 $85,000.00 $1,360,000.00 Picnic Ramada - Small - (Pre-Engineered) 4 1 1 6 2 2 1 1 1 17 $15,000.00 $255,000.00 Fields: Multi-Sport Rectangular Fields with Lights 2 2 1 5 $400,000.00 $2,000,000.00 Multi-Sport Rectangular Fields w/o Lights 2 1 3 $150,000.00 $450,000.00 Slow Pitch Softball Fields with Lights 1 1 2 $560,000.00 $1,120,000.00 Fast Pitch Softball Fields with Lights 2 4 6 $355,000.00 $2,130,000.00 Fast Pitch Softball Fields w/o Lights 4 2 1 9 $200,000.00 $1,800,000.00 Courts: Basketball Courts - with Lights 2 1 2 1 1 1 8 $150,000.00 $1,200,000.00 Basketball Courts - w/o Lights .5 .5 1 2 $70,000.00 $140,000.00 Tennis Courts - with Lights 2 1 1 1 5 $150,000.00 $750,000.00 Tennis Courts - w/o Lights 1 1 $95,000.00 $95,000.00 Pickleball Courts - with Lights 3 3 $65,000.00 $195,000.00 Pickleball Courts - w/o Lights 0 $40,000.00 $0.00 Sand Volleyball Courts - with Lights 2 1 3 $36,000.00 $108,000.00 Sand Volleyball Courts - w/o Lights 1 1 $17,000.00 $17,000.00 Playgrounds and Play Structures: Play Structures / Surfacing (2-5 Year) 1 1 2 1 1 2 1 1 1 11 $165,000.00 $1,815,000.00 Play Structures / Surfacing (5-12 Year) 1 1 1 1 1 1 1 1 1 9 $125,000.00 $1,125,000.00 Swings / Surfacing 1 1 1 1 1 1 1 1 1 9 $50,000.00 $450,000.00 Zip Line 1 1 $80,000.00 $80,000.00 Fabric Shade Canopies 2 1 2 1 8 2 2 1 19 $30,000.00 $570,000.00 Special Use Facilities: Off-Leash Dog Park 1 1 1 1 1 5 $250,000.00 $1,250,000.00 Skate / Wheel Park 1 1 $1,200,000.00 $1,200,000.00 Aquatic Facilities: Swimming Pool 1 1 $5,000,000.00 $5,000,000.00 Splash Pad 1 1 2 $500,000.00 $1,000,000.00 Marana Regular Council Meeting December 6, 2022 Page 65 of 139 4. Inventory of Existing Parks and Replacement Value Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 4 - 3 Figure 3: (Continued) Inventory Table - Existing Parks and Replacement Value Continental Ranch Park Continental Reserve park Crossroads at Silverbell Park El Rio Neighborhood Park Gladden Farms Park Honea Heights Park Ora Mae Harn Park Saguaro Bloom Park San Lucas Park Tangerine Sky Park Wade McLean Park Wild Burro Trailhead Sanders Road Trailhead North Coachline Blvd. Trailhead Total Facility Units Replacement Value Per Unit Total Replacement Value Miscellaneous Public Use Facilities: Horseshoe Pits 2 2 1 5 $3,000.00 $15,000.00 Benches 10 6 7 1 15 22 10 12 8 4 1 2 98 $750.00 $73,500.00 Picnic Tables 8 10 32 1 14 7 39 4 6 13 1 2 137 $1,450.00 $191,800.00 Barbecue Grills 2 4 8 3 2 9 5 6 1 40 $600.00 $24,000.00 Bleachers 8 2 6 2 1 5 2 26 $3,000.00 $78,000.00 Exercise Stations - Fitness Area 1 10 6 17 $1,500.00 $25,500.00 Trash Receptacles 14 8 43 3 9 4 52 10 10 10 2 1 166 $300.00 $49,800.00 Drinking Fountains 7 4 8 1 3 3 8 3 1 1 1 40 $3,500.00 $140,000.00 Bicycle Racks 1 1 1 1 3 1 1 1 1 1 12 $800.00 $9,600.00 Supporting Infrastructure: Park Access / Circulation Drives (LF) 1,500 430 3,000 107 3,160 400 2,200 1,100 950 1,300 330 14,477 $85.00 $1,230,545.00 Paved Parking Spaces (EA) 133 59 305 9 231 12 202 67 51 60 79 1 27 1,1,243 $1,250.00 $1,553,750.00 Electrical Service - Average (Acre) 171.14 $11,000.00 $1,882,540.00 Potable Water Service - Average (Acre) 171.14 $2,000.00 $342,280.00 Sanitary Sewer System - Private / On-Site (Acre) 171.14 $2,500.00 $427,850.00 Fencing (Acre) 171.14 $7,350.00 $1,257,879.00 Signage (Acre) 171.14 $3,000.00 $513,420.00 Parking Lot and Security Lighting (Acre) 171.14 $14,000.00 $2,395,960.00 Irrigation Booster Pumps 1 1 1 1 4 $10,000.00 $40,000.00 Landscape and Irrigation: Landscape - Turf Areas Other than Fields (Acres) 2.7 1.9 2.34 .32 1.21 .02 9.96 .77 2.68 .97 1.5 24.37 $30,000.00 $731,100.00 Landscape - Trees (EA) 75 40 407 15 239 15 110 25 72 50 24 20 1,092 $300.00 $327,600.00 Turf Irrigation System - Other than Fields (SF) 2.7 1.9 2.34 .32 1.21 .02 9.96 .77 2.68 .97 1.5 24.37 $22,000.00 $536,140.00 Drip Irrigation System (Acres) 171.14 $3,500.00 $598,990.00 Automated Irrigation Control System - Med - Large 1 1 1 1 1 1 1 1 1 9 $7,500.00 $67,500.00 Automated Irrigation Control System - Small 1 1 1 1 4 $2,500.00 $10,000.00 Hardscape / Pedestrian Paving: Accessible Walkways - Concrete (LF) 3,300 1,100 6,500 2,770 520 5,300 2,050 960 2,400 220 25,120 $48,00 $1,205,760.00 HC Ramps 2 2 3 6 1 3 6 2 2 1 28 $900.00 $25,200.00 Pathways and Trails: Loop Shared-Use Pathways 18.22 $400,000.00 $7,288,000.00 Loop Road / Highway Underpasses 3 $300,000.00 $900,000.00 In-Park Shared-Use Pathways - Asphalt (LF) 450 6.850 500 2,600 3,200 3,150 9,900 $15.00 $148,500.00 In-Park Decomposed Granite Pathways (LF) 2,700 2,700 $4.00 $10,800.00 Single Track Trails (Miles) 45.6 $93,500.00 $4,263,600.00 Total $57,329,614.00 Marana Regular Council Meeting December 6, 2022 Page 66 of 139 5. Allocation of Asset Value to Residential and Non-Residential Land-Uses Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 5-1 Allocation of Asset Value: ARS §9-463.05(B)13 provides: If development fees are assessed by a municipality, the fees shall be assessed against commercial, residential and industrial development… In-as-much as residential and non-residential development will impact the need for additional parks, it is necessary to allocate asset value to each so that a proportionate share can be assessed to each type of development. This allocation is based on Residential Hours and Non-Resident (Inflow Commuter) Hours each year. The Inflow Commuter Hours are hours non-residents will spend at jobs within the Town. According to U.S. Census Bureau web application OnTheMap (2019 US Census), there are 10,640 Inflow Commuters working within the Town of Marana. The 2019 Census also identifies the resident population of Marana to be 49,030. Based on this data, the allocation of asset value is calculated as follows: Figure 4: Cost Allocation Hour Allocation Cost Allocation Marana Residents (2019 Census) Inflow Commuters (2019 Census) Residential Hours (*) Non- Residential Hours (**) Total Hours Residential Non- Residential 49,030 10,064 429,502,800 16,102,400 445,605,200 96% 4% (*) Residential Hours / Year: 8,760 (24 Hours / Day x 365 Days) (**) Non-Residential Hours / Year: 1,600 (50 Weeks / Year x 4 Days per Week x 8 Hours / Day) Based on the total park asset value of $57,329,614.00 (See Section 4) and the cost allocation noted above, the asset value allocated to residential and non-residential land uses is as follows: Figure 5: Asset Value by Land use Type Land Use Type Total Asset Value Cost Allocation (%) Asset Value Residential $57,329,614.00 96% $55,036,429. Non-Residential $57,329,614.00 4% $2,293,185. Marana Regular Council Meeting December 6, 2022 Page 67 of 139 Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan Part 2 Impact Fee Calculation for Residential Development Town of Marana Marana Regular Council Meeting December 6, 2022 Page 68 of 139 6. Service Units – Residential Development Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 6-1 Service Units - Residential: ARS §9-463.05 requires that service units be defined in an impact fee study and used as the basis for impact fee collection. This Impact Fee Study uses an Equivalent Demand Unit (EDU) as the service unit for the park impact fee for residential uses. To calculate an EDU, housing unit types are weighted in relation to single-family detached housing. The weight of each housing type reflects a park service multiplier derived from the average household size for each housing type based on United States Census Bureau statistics. The average household size for a single- family detached housing unit is 2.7 while the average household size of a multi-family/single-family attached housing unit is 1.8. The park service multiplier for a single-family detached residence is therefore 1.0 while the park service multiplier for a multi-family/single-family attached dwelling unit is 0.67. The sum of these weighted dwelling units by housing type results in total EDUs for the Town. Unlike impact fee studies for parks improvements, impact fee studies for transportation infrastructure expansion often use land use categories that are identified through analysis of vehicle usage and trip data that is available locally and is part of published transportation planning literature. Because there is no data on visits to existing parks, the Impact Fee Study for Parks and Recreation Facilities makes use of the differentiation between single-family and multi-family residential units and their average household sizes to fine tune the definition of service units for the purpose of establishing a park impact fee. Figure 6: Service Units as Equivalent Demand Units Housing Type Average Household Size (Persons) Equivalent Demand Units Single Family Detached 2.7 (*) 1.00 Multi-Family / Single Family Attached 1.8 (*) 0.67 (*) Reference: U.S. Census Bureau Marana Regular Council Meeting December 6, 2022 Page 69 of 139 6. Service Units – Residential Development Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 6-2 Figure 7: Total Quantity of Existing Equivalent Demand Units (EDU’s) - January 1, 2023: Housing Type Dwelling Units (January 1, 2023) Multiplier Service Units (EDU’s) (January 1, 2023) Single Family Detached 16,679 1.00 16,679 Multi-Family / Attached 2,220 0.67 1,487 Total - January 1, 2023 18,166 Marana Regular Council Meeting December 6, 2022 Page 70 of 139 7. Necessary Public Services - Existing Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 7-1 Necessary Public Services - Existing: As required in ARS §9-463.05(E)1, an IIP must include: “A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable.” In addition, ARS §9-463.05(E)2 requires: “An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services, which shall be prepared by qualified professionals licensed in this state, as applicable.” In response to the required analysis of existing, necessary public park services, an inventory of parks and recreation assets throughout the Town of Marana has been compiled. (See Section 4 of this document). The inventory was based on data provided by the Town of Marana Parks and Recreation Department and lists existing park amenities by facility (site) with an identified replacement cost. The inventory excludes park acreage beyond the 30-acre limit referenced in ARS §9463.05(T)7(g). The existing level of service provided by the Town’s current parks and recreation facilities is quantified by distributing the value of the existing parks and recreation facilities over the total number of existing EDUs in the Town. The existing number of EDUs is described in Figure 5. Figure 3 describes the total value of existing parks and recreation infrastructure. The existing level of service provided by the Town of Marana’s park infrastructure is quantified by dividing the total value of the existing infrastructure (See Section 4) by the existing number of EDUs (Figure 5). Figure 8: Existing Park Value by Equivalent Demand Unit Credits Offsets Total Total Replacement Value * $55,036,429.00 Impact Fee Account Balance $150.00 Outstanding Impact Fee Credits $0.00 Outstanding Park Debt $0.00 Subtotal $55,036,279.00 Adjusted Existing Park Value $55,036,279.00 Divided by EDU 18,166 Net Value per EDU $3,029.63 (* As allocated to residential development) Marana Regular Council Meeting December 6, 2022 Page 71 of 139 8. Projected Service Units for New Development Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 8-1 Projected Service Units for New Development: ARS §9-463.05(E)5 requires and IIP to include: “The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria.” The Town of Marana has developed Land Use Assumptions that estimate the number of new dwelling units expected over the next ten years. Figure 9 presents the existing and future dwelling units in the 10-year window based on the Town’s Land Use Assumptions. The final result is the number of new EDUs expected over the next ten years. Figure 9: Park Equivalent Demand Units (January 1, 2023 to December 31, 2032) Housing Type Dwelling Units (1/1/23) Park Service Unit Multiplier Service Units - EDU’s (1/1/23) Single Family Detached 16,679 1.00 16,679 Multi-Family / Single Family Attached 2,220 0.67 1,487 Total EDU’s - (1/1/23) 18,166 Housing Type Dwelling Units (12/31/32) Park Service Unit Multiplier Service Units - EDU’s (12/31/32) Single Family Detached 28,361 1.00 28,361 Multi-Family / Single Family Attached 4,480 0.67 3,002 Total EDU’s - (12/31/32) 31,363 New EDU’s (1/1/23 to 13/31/32) 13,197 Marana Regular Council Meeting December 6, 2022 Page 72 of 139 9. Projected Park Impact Fee Revenue (January 1, 2023 to December 31, 2032) Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 9-1 Projected Park Impact Fee Revenue (January 1, 2023 to December 31, 2032): ARS §9-463.05(E)6 requires an IIP to include: “The projected demand for necessary public services or facility expansions required by new service units for a period not to exceed ten years.” Figure 10 calculates the total expected revenue from impact fees collected between January 1, 2023 and December 31, 2032 based on the estimated number of new EDUs (Figure 9) and updated impact fee. The total projected revenue does not include development credits. Figure 10: Projected Park Impact Fee Revenue - (1/1/23 to 12/31/23) (Before Credits) Service Area New EDU’s Impact Fee / EDU (Before Credits) Projected Revenue 1/1/23 to 12/31/32 (Before Credits) Town-wide 13,197 $3,029.63 $39,982,027.11 ARS §9-463.05(E)7 requires an IIP to include: “A forecast of revenues generated by new service units other than development fees, which shall include estimated state-shared revenue, highway users revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions, and a plan to include these contributions in determining the extent of the burden imposed by the development as required in subsection B, paragraph 12 of this section.” The Town of Marana collects no property tax to include in revenue forecasts. However, the Town does collect a 4% construction sales tax and also receives revenue from the state related to gas taxes. It is recommended that Five Hundred Dollars ($500.00) of the sales tax be credited on a per EDU basis, resulting in a fee of Two Thousand Five-Hundred and Twenty-Nine Dollars and Sixty-Three cents ($2,529.63) per EDU. Figure 11 calculates the projected revenue and percent of planned costs covered by this revenue forecast. The remainder of the sales tax credit would be credited against the yet-to-be- calculated Street Facilities fee. It is recommended that the credits associated with HURF/VLT be applied fully to the street facilities fee. If approved, no additional credits would be applied to the Parks and Recreational Facilities fee. Marana Regular Council Meeting December 6, 2022 Page 73 of 139 9. Projected Park Impact Fee Revenue (January 1, 2023 to December 31, 2032) Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 9-2 Figure 11: Projected Park Impact Fee Revenue - January 1, 2023 to December 31, 2032 (After Credits): Service Area New EDU’s Impact Fee / EDU (Less the $500.00 Credit) Projected Revenue (1/1/23 to 12/31/32) Town-wide 13,197 $2,529.63 $33,383,527.00 In summary, the Impact Fee Update and Infrastructure Improvement Plan will result in a final calculation of the Impact Fee per EDU of Two Thousand Five-Hundred and Twenty-Nine Dollars and Sixty-Three Cents ($2,529.63). Marana Regular Council Meeting December 6, 2022 Page 74 of 139 Impact Fee Study Update and Parks Infrastructure Improvement Plan Part 3 Impact Fee Calculation for Non-Residential Development Marana Regular Council Meeting December 6, 2022 Page 75 of 139 10. Service Units - Non-Residential Development Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 10-1 Service Units – Non-Residential Development: ARS §9-463.05 requires that service units be defined in an impact fee study and used as the basis for impact fee collection. This Impact Fee Study uses Jobs per 1,000 S.F. as the service unit for non-residential development. There are several categories of non-residential development, and each will result in a different quantity of jobs per square foot of development. These categories, and the quantity of jobs that will be created per 1,000 square foot of new development, are identified in the Land Use Assumptions (Table 4) and are summarized below. Figure 12: Jobs per 1,000 S.F. – Non-Residential Land Uses Non-Residential Land Use Category S.F. per Job Jobs per 1,000 S.F. of New Non-Residential Development Retail 600 1.67 High Traffic Retail 200 5.00 Office 400 2.50 Industrial 500 2.00 Hotel 1,800 0.56 Medical 500 2.00 The Land Use Assumptions (Table 5) also include projections of the quantity of jobs that will be created by new non-residential development. These projections are summarized below: Figure 13: New Job Projections (January 1, 2023 to December 31, 2032) Non-Residential Land Use Category New Jobs (From Land Use Assumptions) Retail 2,327 High Traffic Retail 2,212 Office 370 Industrial 2,993 Hotel - Medical 682 Total New Jobs 8,584 Marana Regular Council Meeting December 6, 2022 Page 76 of 139 11. Park Impact Fee – Non-Residential Development Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 11-1 Park Impact Fee – Non-Residential Development: The park expansion and development costs allocated to non-residential development equals 4% of the cost of required improvements or $1,665,918.00. (4% x $41,647,945, the value of required improvement needed to maintain the current level of service). This cost will be borne by the 8,584 new jobs that will be created within the town, resulting in a fee of $194.00 per job. Figure 14: Non-Residential Impact Fees per Job (Without Development Classification) Total Cost Allocated to Non- Residential Development Projected Quantity of New Jobs (1/1/23 to 12/31/32) Non-Residential Impact Fee per Job $1,665,918.00 8,584 $194.00 To properly assess this fee, the quantity of jobs must be related to square feet of new development. Figure 15 below summarizes this calculation. Figure 15: Non-Residential Impact Fees per 1,000 S.F. of Development (Before Credits) Non-Residential Land Use Category Jobs per 1,000 S.F. of new Development Impact Fee per Job Impact Fee per 1,000 SF of New Non-Residential Development Retail 1.67 $194.00 $324.00 High Traffic Retail 5.00 $194.00 $970.00 Office 2.50 $194.00 $485.00 Industrial 2.00 $194.00 $388.00 Hotel 0.56 $194.00 $109.0 Medical 2.00 $194.00 $388.00 As noted in Section 9 of this report, the Town collects a 4% construction sales tax with these revenues contributing to park expansion and development. It is recommended that One Hundred Dollars ($100.00) of the sales tax revenue be credited on a per 1,000 S.F. of new non-residential development basis. With this credit, the adjusted impact fees, by development type, are identified below. Marana Regular Council Meeting December 6, 2022 Page 77 of 139 11. Park Impact Fee – Non-Residential Development Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 11-2 Figure 16: Non-Residential Impact Fees Per 1,000 S.F. of Development (After Credits) Non-Residential Land Use Category Impact Fee per 1,000 S.F. of New Non-Residential Development Prior to $100.00 Adjustment Proposed Impact Fee per 1,000 S.F. of New Non-Residential Development Retail $324.00 $224.00 High Traffic Retail $970.00 $870.00 Office $485.00 $385.00 Industrial $388.00 $288.00 Hotel $109.0 $9.00 Medical $388.00 $288.00 Marana Regular Council Meeting December 6, 2022 Page 78 of 139 12. Projected Park Impact Fee Revenue – Non-Residential Development (January 1, 2023 to December 31, 2032) Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 12-1 Projected Park Impact Fee – Non-Residential Development: The projected revenues to be collected from non-residential development fees for the period between 1/2/23 and 12/32/32 are summarized below. Figure 17: Projected Impact Fee Revenues – Non-Residential Development Non-Residential Land Use Category New Jobs Jobs per 1,000 S.F. Development Scope (1,000 S.F.) Fee per 1,000 S.F. Projected Revenue Retail 2,327 1.67 1,393 $224.00 $312,032.00 High Traffic Retail 2,212 5.00 442 $870.00 $384,540.00 Office 370 2.50 148 $385.00 $56,980.00 Industrial 2,993 2.00 1,497 $288.00 $431,136.00 Hotel - 0.56 0.00 $9.0 $0.00 Medical 682 2.00 341 $288.00 $98,208.00 Total Projected Revenue – Non-Residential Development $1,282,896.00 Marana Regular Council Meeting December 6, 2022 Page 79 of 139 Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan Part 4 Parks Capital Improvement Program Marana Regular Council Meeting December 6, 2022 Page 80 of 139 13. Park Impact Fee Revenue – Residential and Non-Residential Development Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 13-1 Projected Park Impact Fee – Residential and Non-Residential Development: The combined revenues projected to be collected from both residential and non-residential development fees for the period between 1/2/23 and 12/32/32 are summarized below. Figure 18: Projected Impact fee Revenues – Residential and Non-Residential Development Projected Revenues – Residential Development $33,383,527.00 Projected Revenues – Non-Residential Development $1,282,896.00 Total Revenues (1/1/23 to 12/31/32) $34,666,423.00 Marana Regular Council Meeting December 6, 2022 Page 81 of 139 14. Necessary Public Services – Capital Improvement Plan Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 14-1 Necessary Public Services - New Development: ARS §9-463.05(E)3 requires: “A description of all or the parts of the necessary public services or facility expansions and their costs necessitated by and attributable to development in the service area based on the approved land use assumptions, including a forecast of the costs of infrastructure, improvements, real property, financing, engineering and architectural services, which shall be prepared by qualified professionals licensed in this state, as applicable.” In response to the statutory mandate for a description of parks and recreation facility expansion projects required to meet the demand of new growth, the Town of Marana has developed the Ten-Year Capital Improvement Plan for park facilities. This plan is summarized in Figure 19 below. Impact fees that are collected between January 1, 2023 and December 31, 2032 will be directed to the capital improvements identified in Figure 19 with the understanding that A.R.S. §9-463.05 allows that: “…a municipality may amend an infrastructure improvements plan adopted pursuant to this section without a public hearing if the amendment addresses only elements of necessary public services in the existing infrastructure improvements plan and the changes to the plan will not, individually or cumulatively with other amendments adopted pursuant to this subsection, increase the level of service in the service area or cause a development fee increase…”. Figure 19 - Parks Capital Improvement Plan - January 1, 2023 to December 31, 2032: Project Development Cost El Rio Disc Golf Course $288,334.00 El Rio Recreation Area - Loop Access Parking Lot $204,237.00 Gladden Farms Baseball Field Improvements $660,765.00 Gladden Farms Lighted Soccer Fields $286,636.00 Tortolita Preserve Trailhead, Trails, and Fencing $156,181.00 Honea Heights Park - Phase 2 Improvements $1,261,461.00 Continental Ranch Park to Loop Extension $420,487.00 New Competition Swimming Pool (50 Meter) $3,934,557.00 Ora Mae Harn Park Facility Expansion $1,784,066.00 Saguaro Bloom Park - Phase 1 $1,600,375.00 Saguaro Bloom Park - Phase 2 $4,805,566.00 Gladden Farms Bike Park $1,201,391.00 Twin Peaks Park District Park - Land Acquisition and Phase 1 Development $17,415,052.00 Mandarina Community Park $7,568,766.00 Impact Fee Study $60,000.00 Total $41,467,945.00 Amount Funded by Parks Impact Fee $34,666,423.00 Amount Funded by Construction Sales Tax Credits $6,801,522.00 Additional Information related to these projects is provided below. Marana Regular Council Meeting December 6, 2022 Page 82 of 139 14. Necessary Public Services – Capital Improvement Plan Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 14-2 El Rio Disc Golf Course: This project involves the construction of an 18-hole disc golf course. The course will provide a safe and appropriate location where this activity can occur. It will allow disc golf activities to be moved from other community parks, where it occurs on an informal basis, to this new location. The course will have the capacity to serve both existing users and new / future residents who engage in this recreational activity enabling the Parks and Recreation Department to maintain a consistent level of service. El Rio Recreation Area – Loop Access Parking Lot: The El Rio Recreation Area is a district or zone within the Town’s Park system that includes (or will include) the El Rio Neighborhood Park, the El Rio Disc Golf Course, and portions of the Loop shared-use pathway. As the community’s population grows, there will be increased demand for access to these facilities and other recreational facilities that can be accessed via the Loop. The proposed parking lot will allow the Town to continue to provide safe and legal access to these facilities consistent with the increased demand resulting from anticipated population growth. Gladden Farms Baseball Field Improvements: This project involves the installation of field lights and the construction of other related improvements that will change the fields from daytime-only use fields to daytime and evening use fields. The improvements will enable the Town to significantly expand the hours of operation and the number of teams / individuals who can use and benefit from access to this facility. It will help the Parks and Recreation Department to maintain a consistent level of service related baseball / softball field availability. Gladden Farms Park New Lighted Soccer Fields: The scope of the project includes the construction of two new natural turf, multi-sport / soccer fields within the existing boundaries of Gladden Farms Park. Improvements will include the fields, field lights to expand the potential hours of operation, and the parking area / restrooms required for public use. The project will increase the quantity of fields available to the community in response the anticipated increase in population and assist the Parks and Recreation Department in their efforts to maintain a consistent level of service related to multi-sport field availability. Tortolita Preserve Trailhead, Trails, and Fencing: As the population of the Town grows, there has been a steady increase in the number of residents using the Tortolita Preserve. The proposed Tortolita Preserve trailhead development and trail expansion project will enhance access, extend the length of the trail system, maintain site security, and allow additional residents to use this facility consistent with the increased demand resulting from population growth. Marana Regular Council Meeting December 6, 2022 Page 83 of 139 14. Necessary Public Services – Capital Improvement Plan Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 14-3 Honea Heights Park – Phase 2 Improvements: The Honea Heights Park Phase 2 development project will include the construction of two new lighted multi-sport / soccer fields and supporting site improvements. The project will increase the quantity of fields available to the community in response the anticipated increase in population allowing the Parks and Recreation Department to maintain a consistent level of service. Continental Ranch Park to Loop Connection: The scope of this project consists of the construction of an accessible shared-use pathway that will connect the Continental Ranch Community Park with the Loop shared-use pathway system. As the community’s population grows and the extent of the Loop pathway system expands, there is a need to provide new access facilities to maintain the same level of service for Marana residents. This project will contribute to addressing that need. New Competition Swimming Pool: The scope of this project involves the construction of a new competition swimming pools that will allow the Town to continue to provide swimming pool access to the growing number of Marana residents. Improvements will include the pool and the associated mechanical and water filtration / purifications equipment, only. Ora Mae Harn Park Facility Expansion: The scope of this project will involve the construction of a new racquet sport area with lighted pickleball and tennis courts. It will also include the construction of a new lighted multi-sport field and the expansion of the park’s pathway system. The project will enable the Town to address increased demand for these facilities due to population growth and continue to provide the same level of service. Saguaro Bloom Park Phase 1: The new Saguaro Bloom Park (Phase 1) will include sport courts, playgrounds, picnic facilities, restrooms, and related site improvements and is being developed in response to population growth. It will allow the Parks and Recreation Department to provide these basic recreational resources to new residents, consistent with the resources it provides current residents. Saguaro Bloom Park Phase 2: Phase 2 of the Saguaro Bloom Park will include two lighted diamond (baseball / softball) fields, a lighted multi-sport / soccer field, an expanded dog park, and related facilities. As with Phase 1 of this project, it will allow the Parks and Recreation Department to provide these basic recreational resources to new residents, consistent with the resources it provides current residents. Marana Regular Council Meeting December 6, 2022 Page 84 of 139 14. Necessary Public Services – Capital Improvement Plan Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 14-4 Gladden Farms Bike Park: The Gladden Farms Bike Park will include bike trails, a pump track, and similar features that can be used by Town residents. Outdoor recreation trends indicate that more and more individuals, both children and adults, are now choosing to engage in this recreational activity. Some of these activities currently occur within the Tortolita Preserve but as demand grows, it will be important to expand the areas available to the public so that the same level of service can be maintained. Twin Peaks District Park Land Acquisition and Phase 1 Development: The Twin Peaks District Park will be a new park as identified in the Town’s Parks and Recreation 2020 -2030 Master Plan. The park will be centrally located and will serve existing and new residents from throughout the Marana community. Proposed (Phase 1) facilities will include lighted fields, courts, playgrounds, picnic facilities, a dog park, and the supporting infrastructure. The park will be a component of the park system’s expansion as needed to maintain a consistent level of service. Mandarina Community Park: Mandarina Community Park will be a new park and will similarly expand the recreational facilities available to residents while maintaining the same level of service for existing and new residents. Improvements planned for the park include lighted multi-sport / soccer fields, sport courts, ramadas, picnic facilities, and the infrastructure needed to support these improvements. Marana Regular Council Meeting December 6, 2022 Page 85 of 139 15. Summary of Projected Revenues, Planned Costs, and Impact Fees Town of Marana Impact Fee Study Update and Parks Infrastructure Improvement Plan September 20, 2022 15-1 Summary of Projected Revenues and Planned Costs: Provided below is a summary of projected revenues, projected costs, and Impact fees for various types of new development. Figure 20: Summary of Projected Revenues and Planned Costs Projected Revenues – Residential Development Impact Fees (1) $33,383,527.00 Projected Revenues – Non-Residential Development Impact Fees (2) $1,282,896.00 Total $34,666,423.00 Planned Costs (3) $34,666,423.00 Revenues as Percent of Planned Costs 100% (1) See Figure 11 – Section 9 (2) See Figure 17 – Section 12 (3) See Figure 19 – Section 14 Figure 21 - Summary of Park Impact Fees: Residential Single Family Residence (1 EDU) $2,529.63 Per Dwelling Unit Multi-Family Residential Unit (.67 EDU) $1,694.85 Per Dwelling Unit Non-Residential Retail $224.00 Per 1,000 S.F. High Traffic Retail $870.00 Per 1,000 S.F Office $285.00 Per 1,000 S.F. Hotel $9.00 Per 1,000 S.F. Industrial $288.00 Per 1,000 S.F. Medical $288.00 Per 1,000 S.F. Marana Regular Council Meeting December 6, 2022 Page 86 of 139 Council-Regular Meeting A3 Meeting Date:12/06/2022 To:Mayor and Council Submitted For:Andrea Caicedo, Assistant to the Town Manager From:Andrea Caicedo, Assistant to the Town Manager Date:December 6, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-126: Relating to Intergovernmental Relations; adopting a 2023 Town of Marana Legislative Policy Priority Program and authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue it (Andrea Caicedo) Discussion: Each year, in anticipation of the State Legislative Session, the Marana Town Council reviews and adopts a legislative priority program. This program captures issues and policy areas of importance to the Town of Marana, such as state-shared revenues, protection of local control, and other Town-related issues. This resolution provides the necessary authority from the Marana Town Council for Staff and contracted lobbyists to pursue the policies within the legislative program at the State Legislature. While many issues and policies from prior years are retained year over year in this program, Town Staff did a comprehensive internal review of the program, and made updates to reflect potential legislative initiatives in the upcoming 2023 legislative session (legislature will convene January 9, 2023). Staff will provide regular updates to the Marana Town Council throughout the session and seek additional direction as needed. Staff Recommendation: Council's pleasure. Marana Regular Council Meeting December 6, 2022 Page 87 of 139 Council's pleasure. Suggested Motion: I move to adopt Resolution No. 2022-126; adopting a 2023 Town of Marana Legislative Policy Priority Program and authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue it. Attachments Resolution No. 2022-126 Marana Regular Council Meeting December 6, 2022 Page 88 of 139 Marana Resolution No. 2022-126 - 1 - MARANA RESOLUTION NO. 2022-126 RELATING TO INTERGOVERNMENTAL RELATIONS; ADOPTING A 2023 TOWN OF MARANA LEGISLATIVE POLICY PRIORITY PROGRAM AND AUTHORIZING AND DIRECTING THOSE AUTHORIZED TO LOBBY ON BEHALF OF THE TOWN OF MARANA TO REPRESENT AND PURSUE IT BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Those persons authorized by the Town of Marana to lobby on its behalf and registered as such with the Secretary of the State of Arizona pursuant to Arizona Revised Statutes § 41-1231 et seq. (the "Town Lobbyists") are hereby authorized and directed, subject to the continuing supervision of the Town Manager and the Town Council, to represent and pursue the legislative, executive and intergovernmental interests of the Town of Marana by supporting legislation that embodies any of the following basic principles: A. Protects state-shared revenues that fund essential services and strengthen local economies. B. Maintains local control while seeking partnership between municipalities and the state. C. Empowers the Town of Marana with sufficient flexibility to address an expanding and changing variety of local needs and conditions. D. Establishes appropriate means to adequately compensate the Town for the costs of complying with state-mandated requirements. E. Provides the Town with the means to cope with unfunded mandates, cost increases, population growth and escalating service requirements. F. Enables the Town to provide public services in a more responsive, efficient, and cost effective manner. G. Ensures that the Town has the ability to provide, manage, or operate critical infrastructure necessary to promote or maintain the health and safety of residents, preserve and direct land use, and ensure the future sustainability of the community. SECTION 2. In addition to those basic principles set forth in Section 1 of this resolution, the Town Lobbyists are authorized and directed to pursue the following specific objectives: Marana Regular Council Meeting December 6, 2022 Page 89 of 139 Marana Resolution No. 2022-126 - 2 - A. Support the maintenance and/or restoration of existing sources of transportation funding for municipalities, including the Highway User Revenue Fund (HURF) and Local Transportation Assistance Fund (LTAF) I and II. B. Support sustainable policies and funding for education programs (such as preschool - 12, CTE, and post-secondary education programs) that result in a thriving and qualified Arizona workforce. C. Support efforts to maintain, restore, and or/expand existing economic development programs and funding, as well as efforts to create new programs, tools, and funding sources that support state and local economic development initiatives centered around attraction, growth, and retention and expansion of businesses with high-wage jobs. D. Support legislation that focuses on maintaining current or allocating additional funding for airport-related development efforts, including but not limited to economic development, capital improvements and maintenance, and funding of an air traffic control tower. E. Support legislation to provide additional state resources to address the statewide housing shortage crisis through increased allocations to the State Housing Trust Fund and innovative public-private partnerships to create affordable workforce housing. F. Support initiatives to enhance tourism in Southern Arizona, including efforts to attract film and various motion media productions. G. Support efforts to preserve access to water for municipal governments, including continuation of statutory responsibility to develop and manage water resources in order to provide existing and future residents with appropriate levels of service. H. Support legislation that encourages provision of funding for high quality potable water resources and infrastructure for residents of local Arizona municipalities. I. Support legislation that simplifies Arizona's tax codes while protecting the Town's state-shared revenue allocations, contracting sales tax, and other tax revenue sources. J. Support efforts that develop mutually beneficial solutions to state land use issues, including expedited land acquisition processes and timely resolutions to issues regarding protected land. K. Oppose legislation that would curtail the Town’s current local zoning and permitting authority and support legislation to preserve the public’s participation in the process. L. Support legislation that encourages provision and allocation of funding for flood control, flooding mitigation, and flood control infrastructure maintenance and cleanup efforts for local municipalities. Marana Regular Council Meeting December 6, 2022 Page 90 of 139 Marana Resolution No. 2022-126 - 3 - M. Support initiatives to preserve and enhance the Town’s ability to strategically plan for and respond to emergencies and properly support public safety personnel. SECTION 3. Legislation that is inconsistent with any of the basic principles or objectives set forth in Sections 1 and 2 above should be opposed or appropriate amendments pursued. SECTION 4. 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 and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of December, 2022. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting December 6, 2022 Page 91 of 139 Council-Regular Meeting A4 Meeting Date:12/06/2022 To:Mayor and Council Submitted For:George Cardieri, Real Property Manager From:George Cardieri, Real Property Manager Date:December 6, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-127: Relating to Public Works; approving and authorizing the Mayor to sign an Acquisition Agreement & Administrative Settlement and the Town Engineer to execute all other documentation necessary for the purchase of property rights needed from Preot LLC for the Twin Peaks Rattlesnake Pass Improvement Project, Town of Marana Project No. ST073 (George Cardieri) Discussion: This is an acquisition for the Twin Peaks Rattlesnake Pass Improvement Project, Town of Marana Project No. ST073. The particulars of this deal are set forth in the Acquisition Agreement and Administrative Settlement found in the backup materials. Town staff is available to justify and explain the proposed acquisition price and negotiations in an executive session, also scheduled for tonight's agenda in the event the Council requests it. Financial Impact: Fiscal Year:2022 Budgeted Y/N:Y Marana Regular Council Meeting December 6, 2022 Page 92 of 139 Amount:$90,700 (Approximate) The proposed acquisition amount is $87,700. The closing costs (payable by the Town) are not anticipated to exceed $3,000. Funding is available in the project budget (ST073). Staff Recommendation: Staff recommends adoption of Resolution No. 2022-xxx, approving and authorizing the Mayor to sign an Acquisition Agreement & Administrative Settlement and the Town Engineer to execute all other documentation necessary for the purchase of property rights needed from Preot LLC for the Twin Peaks Rattlesnake Pass Improvement Project. Suggested Motion: I move to adopt Resolution No. 2022-127, approving and authorizing the Mayor to sign an Acquisition Agreement & Administrative Settlement and the Town Engineer to execute all other documentation necessary for the purchase of property rights needed from Preot LLC for the Twin Peaks Rattlesnake Pass Improvement Project. Attachments Resolution No. 2022-127 Exhibit A (Acquisition Agreement and Administrative Settlement) Marana Regular Council Meeting December 6, 2022 Page 93 of 139 00085225.DOCX /1 Resolution No. 2022-127 - 1 - MARANA RESOLUTION NO. 2022-127 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN ACQUISITION AGREEMENT & ADMINISTRATIVE SETTLEMENT AND THE TOWN ENGINEER TO EXECUTE ALL OTHER DOCUMENTATION NECESSARY FOR THE PURCHASE OF PROPERTY RIGHTS NEEDED FROM PREOT, LLC FOR THE TWIN PEAKS RATTLESNAKE PASS IMPROVEMENT PROJECT, TOWN OF MARANA PROJECT NO. ST073 WHEREAS the Town of Marana is constructing the Twin Peaks Rattlesnake Pass Improvement Project, Town of Marana Project No. ST073, (the “Twin Peaks Road Project”); and WHEREAS the Town of Marana needs to acquire fee title right-of-way, along with a perpetual drainage easement and utility access easement, and a perpetual slope easement (the “Needed Property”) from Preot, LLC to construct the improvements needed for the Twin Peaks Road Project; and WHEREAS Town staff has successfully negotiated an administrative settlement with Preot, LLC for acquisition of the Needed Property, to be formalized in an Acquisition Agreement & Administrative Settlement, the terms of which exceed Town staff’s general authority for acquisition of property rights needed for the Twin Peaks Road Project; and WHEREAS the Mayor and Council of the Town of Marana find that the acquisition or condemnation of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing the Mayor to execute the Acquisition Agreement & Administrative Settlement in substantially the form attached to and incorporated in this resolution as Exhibit A, and authorizing the Town Engineer to execute all other documentation necessary for the purchase of the Needed Property from Preot, LLC for the Twin Peaks Road Project. Marana Regular Council Meeting December 6, 2022 Page 94 of 139 00085225.DOCX /1 Resolution No. 2022-127 - 2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of December 2022. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting December 6, 2022 Page 95 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 96 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 97 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 98 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 99 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 100 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 101 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 102 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 103 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 104 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 105 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 106 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 107 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 108 of 139 Exhibit A to Marana Resolution No. 2022-127 Marana Regular Council Meeting December 6, 2022 Page 109 of 139 Council-Regular Meeting A5 Meeting Date:12/06/2022 To:Mayor and Council Submitted For:George Cardieri, Real Property Manager From:George Cardieri, Real Property Manager Date:December 6, 2022 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2022-128: Relating to Real Estate; accepting the offer of just compensation from Pima County for property rights needed for the Continental Ranch Regional Pump Station Force Main Augmentation Project and authorizing the Town Engineer to execute the Acquisition Agreement, conveyance instruments, and any and all other associated documents (George Cardieri) Discussion: The Town of Marana owns various properties in the vicinity of the Santa Cruz River Park and El Rio Preserve. Pima County needs to acquire property rights from the Town in that vicinity for the Continental Ranch Regional Pump Station Force Main Augmentation Project, which increases sewer conveyance capacity and adds redundancy between Pima County's Continental Ranch Regional Pump Station and Pima County's Tres Rios Wastewater Reclamation Facility. Pima County has presented the Town an offer of just compensation in the amount of $8,400 (Eight Thousand, Four Hundred Dollars), based on an independent appraisal of the property rights needed for the project, and has prepared an Acquisition Agreement and conveyance instruments for execution by the Town. The proposed resolution formalizes the Town's acceptance of the offer of just compensation presented by Pima County, and authorizes the Town Engineer to execute the Acquisition Agreement, conveyance instruments, and any and all other associated documents. Marana Regular Council Meeting December 6, 2022 Page 110 of 139 Financial Impact: If approved, the sale of property rights to Pima County will generate $8,400 in sales proceeds to the Town. Staff Recommendation: Staff recommends adoption of Resolution No. 2022-128, authorizing the Town Engineer, on behalf of the Town, to execute the Acquisition Agreement, conveyance instruments, and any and all other associated documents as requested by Pima County for the Continental Ranch Regional Pump Station Force Main Augmentation Project. Suggested Motion: I move to adopt Resolution No. 2022-128, authorizing the Town Engineer to execute the Acquisition Agreement, conveyance instruments, and any and all other associated documents as requested by Pima County. Attachments Resolution No. 2022-128 Exhibit A (Acquisition Agreement with Conveyance Documents) Project Information Marana Regular Council Meeting December 6, 2022 Page 111 of 139 00079621.DOCX /1 Resolution No. 2022-128 - 1 - MARANA RESOLUTION NO. 2022-128 RELATING TO REAL ESTATE; ACCEPTING THE OFFER OF JUST COMPENSATION FROM PIMA COUNTY FOR PROPERTY RIGHTS NEEDED FOR THE CONTINENTAL RANCH REGIONAL PUMP STATION FORCE MAIN AUGMENTATION PROJECT AND AUTHORIZING THE TOWN ENGINEER TO EXECUTE THE ACQUISITION AGREEMENT, CONVEYANCE INSTRUMENTS, AND ANY AND ALL OTHER ASSOCIATED DOCUMENTS WHEREAS the Town of Marana owns various properties in the vicinity of the Santa Cruz River Park and El Rio Preserve; and WHEREAS Pima County needs to acquire property rights from the Town for the Continental Ranch Regional Pump Station Force Main Augmentation Project, which increases sewer conveyance capacity and adds redundancy between Pima County’s Continental Ranch Regional Pump Station and Pima County’s Tres Rios Wastewater Reclamation Facility; and WHEREAS Pima County has presented the Town an offer of just compensation in the amount of $8,400 (Eight Thousand, Four Hundred Dollars), based on an independent appraisal of the property rights needed for the project, and has prepared an Acquisition Agreement and conveyance instruments for execution by the Town; and WHEREAS the Mayor and Council of the Town of Marana find that the public interests are served by approving this resolution. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting the offer of just compensation from Pima County for the property rights needed for the project; approving the Acquisition Agreement prepared by Pima County, a copy of which is attached as Exhibit A to and incorporated by this reference in this resolution; and authorizing the Town Engineer, on behalf of the Town, to execute the Acquisition Agreement, conveyance instruments, and any other documentation associated with the agreement. Marana Regular Council Meeting December 6, 2022 Page 112 of 139 00079621.DOCX /1 Resolution No. 2022-128 - 2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of December 2022. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting December 6, 2022 Page 113 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 114 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 115 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 116 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 117 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 118 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 119 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 120 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 121 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 122 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 123 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 124 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 125 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 126 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 127 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 128 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 129 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 130 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 131 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 132 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 133 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 134 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 135 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 136 of 139 Exhibit A to Marana Resolution No. 2022-128 Marana Regular Council Meeting December 6, 2022 Page 137 of 139 Marana Regular Council Meeting December 6, 2022 Page 138 of 139 Marana Regular Council Meeting December 6, 2022 Page 139 of 139