HomeMy WebLinkAbout12/05/2023 Regular Council Meeting Agenda PacketMARANA AZ
E STAB L IS HE D 1 9 7 7
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, December 5, 2023, 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 5, 2023, 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 Town Council Regular Meeting Agenda Packet Page 1 of 38
December 5, 2023
All persons attending the Council meeting, whether speaking to the Council or not, are
expected to observe the Council rules, as well as the rules of politeness, propriety,
decorum and good conduct. Any person interfering with the meeting in any way, or
acting rudely or loudly will be removed from the meeting and will not be allowed to
return.
Accessibility
To better serve the citizens of Marana and others attending our meetings, the Council
Chambers are wheelchair and handicapped accessible. Persons with a disability may
request a reasonable accommodation, such as a sign language interpreter, by contacting
the Town Clerk at (520) 382-1999. Requests should be made as early as possible to
arrange the accommodation.
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the
Council Chambers or online at www.maranaaz.gov under Agendas and Minutes. For
questions about the Council meetings, special services or procedures, please contact the
Town Clerk, at (520) 382-1999, Monday through Friday from 8:00 AM to 5:00 PM.
This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the
Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations
Center, 5100 W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes.
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any
issue within the jurisdiction of the Town Council, except for items scheduled for a Public
Hearing at this meeting. The speaker may have up to three minutes to speak. Any
persons wishing to address the Council must complete a speaker card located outside
the Council Chambers and deliver it to the Town Clerk prior to the commencement of
the meeting. Individuals addressing a meeting at the Call to the Public will not be
provided with electronic technology capabilities beyond the existing voice amplification
and recording capabilities in the facilities. Pursuant to the Arizona Open Meeting Law, at
the conclusion of Call to the Public, individual members of the Council may respond to
criticism made by those who have addressed the Council, and may ask staff to review
the matter, or may ask that the matter be placed on a future agenda.
Marana Town Council Regular Meeting Agenda Packet Page 2 of 38
December 5, 2023
PROCLAMATIONS
PR1 Proclamation Recognizing Pima County Supervisor Sharon Bronson (David
L. Udall)
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. 2023-119: Relating to Development; approving a release of
assurances for Gladden Farms Block 42 Lots 1-157 & Common Areas and
accepting public improvements for maintenance (Jason Angell)
C2 Resolution No. 2023-120: Relating to the Police Department; approving and
authorizing the Interim Chief of Police to execute a Data Access/Exchange
Agreement between the Town of Marana and the Arizona Department of
Transportation regarding the Accident Location Information and
Surveillance System (ALISS) database and the Arizona Crash Information
System (ACIS) (Libby Shelton)
C3 Resolution No. 2023-121: Relating to Finance; declaring, for purposes of
Section 1.150-2 of the Federal Treasury Regulations, official intent to be
reimbursed in connection with certain capital expenditures relating to a
Town Community Center Capital Improvement Project (Yiannis Kalaitzidis)
C4 Approval of Regular Council Meeting Summary Minutes of November 21,
2023 (David L. Udall)
LIQUOR LICENSES
Marana Town Council Regular Meeting Agenda Packet Page 3 of 38
December 5, 2023
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
ITEMS FOR DISCUSSION/ POSSIBLE ACTION
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).
FUTURE AGENDA ITEMS
Notwithstanding the Mayor's discretion regarding the items to be placed on the agenda,
if three or more Council members request that an item be placed on the agenda, it must
be placed on the agenda for the second regular Town Council meeting after the date of
the request, pursuant to Marana Town Code Section 2-4-2(B).
ADJOURNMENT
Marana Town Council Regular Meeting Agenda Packet Page 4 of 38
December 5, 2023
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MARANA AZ
ESTABLISHED 1 9 7 7
Council -Regular Meeting
Meeting Date:12/05/2023
Date: December 5, 2023
PR1
Subject: Proclamation Recognizing Pima County Supervisor Sharon Bronson (David L.
Udall)
Proclamation
Attachments
Marana Town Council Regular Meeting Agenda Packet Page 5 of 38
December 5, 2023
MARANA AZ
ESTABLISHED 1977
PROCLAMATION
Recognizing Pima County Supervisor Sharon Bronson
WHEREAS, it is with great honor that the Town of Marana recognizes Sharon Bronson for her long
and distinguished career on the Pima County Board of Supervisors; and
WHEREAS, elected in 1996, Sharon Bronson is the longest -serving Supervisor in the County's history
and became the first woman ever elected to represent District 3; and
WHEREAS, during her 27 years of service, Sharon:Broiison has made significant contributions to the
Town and has been a strong supporter of initiatives and efforts that best serve the community; and
WHEREAS, Sharon Bronson was an advocate for the extension of bank protection along the Santa
Cruz River that protects North Marana; and
WHEREAS, Sharon Bronson was instrumental in working with the Town to secure a $1 million
wastewater facilities grant for the Honea Heights Subdivision; and
WHEREAS, most recently, Sharon Bronson advocated for the contribution of $100,000 for fiscal year
2024 to the Marana Food Bank and Community Resource Center to ensure Marana residents have
local access to food assistance programs; and
WHEREAS, due to her exceptional leadership, the Town of Marana and Pima County have a strong
and collaborative partnership and are able to advance mutual priorities by working together; and
WHEREAS, Sharon Bronson has not only been an advocate for Marana but also a friend to many
Town Council Members, Town Staff, and community members; and
WHEREAS, the Mayor, Council Members and the Marana Community do sincerely extend their
appreciation to Sharon Bronson for her leadership and dedicated service to the region.
NOW, THEREFORE, I, Ed Honea, Mayor of the Town of Marana, do hereby recognize and commend
Sharon Bronson for her many years of service and for the profound impact she has had on the Town
of Marana and the region.
Dated this 5th day of December, 2023.
ATTEST:
I
acid L. Udall, Town Clerk
7� 101-t r--
Honea, Mayor
Marana Town Council Regular Meeting Agenda Packet Page 6 of 38
December 5, 2023
MARANA
E STAB L IS HE D 1 9 7 7
Council -Regular Meeting
Meeting Date:12/05/2023
To: Mayor and Council
Submitted For: Jason Angell, Development Services Director
From: Dustin Ward, Development Engineering Division Manager
Date: December 5, 2023
Strategic Plan Focus Area:
Not Applicable
C1
Subject: Resolution No. 2023-119: Relating to Development; approving a release
of assurances for Gladden Farms Block 42 Lots 1-157 & Common Areas
and accepting public improvements for maintenance (Jason Angell)
Discussion:
Gladden Farms Block 42 Lots 1-157 and Common Areas "A", "B-1''-"B-19", and
"C-1"-"C-2" are located along Tangerine Road east of Midfeld Road. The final plat was
recorded in the Pima County Recorder's Office on March 21, 2022, at Sequence Number
20220800235.
The Town has a third -party trust assurance agreement assuring the completion of
improvements needed to serve the subdivision. The subdivider has completed the
improvements serving Gladden Farms Block 42 Lots 1-157 acceptable to town
standards in accordance with the assurance agreement, including the completion of
public infrastructure consisting of a potable water system and a public sewer system.
If approved, this resolution will release the Gladden Farms Block 42 Lots 1-157
assurances and accept the water and sewer systems for maintenance.
Staff Recommendation:
Staff recommends approval of Resolution No. 2023-119.
Suggested Motion:
Marana Town Council Regular Meeting Agenda Packet Page 7 of 38
December 5, 2023
I move to adopt Resolution No. 2023-119, approving a release of assurances for
Gladden Farms Block 42 Lots 1-157 & Common Areas and accepting public
improvements for maintenance.
Resolution No. 2023-119
Location Map
Attachments
Marana Town Council Regular Meeting Agenda Packet Page 8 of 38
December 5, 2023
MARANA RESOLUTION NO. 2023-119
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR
GLADDEN FARMS BLOCK 42 LOTS 1-157 & COMMON AREAS AND ACCEPTING
PUBLIC IMPROVEMENTS FOR MAINTENANCE
WHEREAS the final plat for Gladden Farms Block 42 Lots 1-157 & Common Areas "A"
(Private Street), `13-1"2"13-19" (Recreation, Landscape, Utilities, Drainage and Grading), and "C-
1 "-"C-2" (Landscaping, Utilities, Drainage, and Grading) was recorded in the Pima County
Recorder's Office on March 21, 2022 at Sequence 20220800235 (hereinafter "Gladden Farms
Block 42"); and
WHEREAS the Town has a substitute third party trust assurance agreement (the
"Assurance Agreement") with Gladden 2021, LLC (the "Subdivider") and Fidelity National Title
Agency, Inc, under Trust number 60,524, recorded in the Pima County Recorder's Office on
March, 21, 2022 at Sequence 20220800286, assuring the completion of public improvements for
Gladden Farms Block 42; and
WHEREAS the Subdivider has completed the public improvements for Gladden Farms
Block 42 acceptable to Town standards in accordance with the Assurance Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana as follows:
Section 1. The Assurance Agreement is hereby released.
Section 2. The Town accepts for maintenance the potable water system serving Gladden
Farms Block 42, consisting of approximately 5,156 linear feet of potable water line, water meters,
valves, fire hydrants and appurtenances.
Section 3. The Town accepts for maintenance the sanitary sewer system serving Gladden
Farms Block 42, consisting of approximately 4,358 linear feet of conveyance system and
appurtenances.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 5th day of December, 2023.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
David L. Udall, Town Clerk Jane Fairall, Town Attorney
Marana Town Council Regular Meeting Agenda Packet Page 9 of 38
December 5, 2023
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BASIS "IF 0 BEARING
GENERAL NOTES -
CONTINUED
THE BASIS OF BEARING FOR THIS PROJECT IS WEST LINE OF
THE
SOUTHWEST QUARTER
OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA
AND
SALT RIVER
21. PER THE GLADDEN II SPECIFIC PLAN SECTION III.L, OPEN SPACE, RECREATION, PARKS
MERIDIAN, PIMA COUNTY, ARIZONA. SAID LINE MONUMENTED
BY
A FOUND 1 1/2"
AND TRAILS CONCEPT AND SECTION
IV.C.4,E DEVELOPMENT STANDARDS - HDR LAND USE
ALUM CAP STAMPED "17436" AT THE WEST QUARTER AND A FOUND
112" REBAR TAGGED
DESIGNATION, THE MINIMUM AREA
(IN SQUARE FEET) FOR PRIVATE, COMMON ON -SITE
"PCHD3" AT THE SOUTHWEST CORNER OF SAID SECTION. SAID
BEARING
BEING
RECREATION AREAS, SHALL BE 18:5
SQUARE FEET PER SINGLE FAMILY RESIDENCE. THIS
SQO°30`03 "E•
PROJECT SHALL REQUIRE 29,045 SQUARE FEET OF DEVELOPED RECREATION AREA. A
TOTAL OF 49,587 SQUARE FEET OF
DEVELOPED RECREATION AREA IS PROVIDED IN
GENERAL NOTES
COMMON AREA "B-1".
THE GROSS AREA OF THIS DEVELOPMENT IS 26,517 ACRES, 1,155,093 SQUARE FEET• 22. AN AVIGATION EASEMENT HAS BEEN RECORDED ON THIS PROPERTY. THIS PROPERTY
2. THE EXISTING ZONING IS SP (SPECIFIC PLAN - GLADDEN FARMS II) PER ORDINANCE IS IN THE AIRPORT INFLUENCE AREA FOR THE MARANA REGIONAL AIRPORT AND
N0. 2006.03, THE LAND USE DESIGNATION IS HIGH DENSITY RESIDENTIAL (HDR). IS SUBJECT TO AIRCRAFT NOISE.AND AIRCRAFT OVERFLIGHT. AVIGATION EASEMENT
AND RELEASE RECORDED AT DOCKET 13063, PAGE 4202. x
3. THE TOTAL NUMBER OF RESIDENTIAL LOTS IS 157. THE DENSITY IS 5.92 RAC.
E SHEET 3 FOR ADDITIONAL TE x
4. MINIMUM ALLOWABLE LOT SIZE FOR SMALL -LOT SINGLE-FAMILY DETACHED IS 31500
SQUARE. FEET PER THE HDR LAND USE DESIGNATION.
DEDICATION
5, MINIMUM LOT SIZE: 3,569 SF, MAXIMUM LOT SIZE: 4,649 SF.
AVERAGE LOT SIZE: 3,991 SF. I► THE UNDERSIGNED, HEREBY WARRANT THAT I AM THE ONLY PARTIES HAVING ANY FEE
TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT, AND I CONSENT TO THE
6. MAXIMUM BUILDING HEIGHT: 30 FEET SUBDIVISION OF THIS LAND IN THE MANNER SHOWN ON THIS PLAT.
7, MINIMUM SITE SETBACKS: I, THE UNDERSIGNED HEREBY DEDICATE TO THE TOWN OF MARANA ALL RIGHTS -OF -WAY
FRONT: 10 FEET SHOWN ON THIS PLAT, INCLUDING ALL STREETS, ALLEYS, DRAINAGEWAYS, AND
MAY BE REDUCED TO 5 FEET WITH SIDE LOADED GARAGE* EASEMENTS, INCLUDING NO ACCESS EASEMENTS. UTILITY EASEMENTS AS SHOWN ON THIS
FRONT PORCH: 5 FEET* PLAT ARE DEDICATED TO THE TOWN OF MARANA AND ALL PUBLIC AND PRIVATE UTILITY
FRONT -LOADED GARAGE: 20 FEET COMPANIES FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF. AND ACCESS TO,
SIDE -LOADED GARAGE: 5 FEET* PUBLIC AND PRIVATE UTILITIES AND. PUBLIC SEWERS. NO ACCESS EASEMENTS SHOWN ON
MAY NOT ENCROACH INTO THE PUBLIC UTILITY EASEMENT, IF REQUIRED. THIS PLAT ARE. DEDICATED TO THE TOWN OF MARANA FOR THE PURPOSE OF ACCESS
SIDE: O FEET CONTROL TO ADJACENT RIGHTS -OF -WAY, OTHER EASEMENTS SHOWN ON THIS PLAT ARE
MUST PROVIDE A 3-FOOT ACCESS EASEMENT ON ADJACENT LOT FOR DEDICATED TO THE TOWN OF MARANA FOR THE PURPOSE OR PURPOSES NOTED ON THIS c
Z-LOT LINES. PLAT.
ACCESSORY STRUCTURES: 5 FEET LL
REAR: 10 FEET I. THE UNDERSIGNED, OUR SUCCESSORS AND ASSIGNS, DO HEREBY HOLD THE TOWN OF
MAY BE REDUCED TO 5 FEET WITH REAR -LOADED GARAGE MARANA, ITS EMPLOYEES, OFFICERS, AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS
PATIO STRUCTURES: 5 FEET IF OPEN ON 3 SIDES FOR DAMAGES RELATED TO THE USE OF THESE LANDS NOW AND IN THE FUTURE BY REASON
OF FLOODING, FLOWAGE, EROSION, OR. DAMAGE CAUSED BY WATER, WHETHER SURFACE
8. PARKING SPACES REQUIRED: (2 FOR EACH FAMILY UNIT WITHIN A FULLY ENCLOSED FLOOD, OR RAINFALL. NATURAL DRAINAGE SHALL NOT BE ALTERED, DISTURBED, OR
GARAGE) = 314 SPACES OBSTRUCTED WITHOUT THE APPROVAL OF THE MARANA TOWN COUNCIL.
PARKING SPACES PROVIDED: (2 PER GARAGE & 2 PER DRIVEWAY) = 628 SPACES
COMMON AREAS AS SHOWN ON THIS PLAT ARE RESERVED FOR THE PRIVATE USE AND
9. THE TYPE, AND AREA OF LAND USE IS AS FOLLOWS: CONVENIENCE OF ALL OWNERS OF PROPERTY WITHIN THIS SUBDIVISION AND INVITEES.
COMMON AREA "A" (PRIVATE STREETS) IS 5.39 AC, 234,677 SF COMMON AREA, BUT NOT PRIVATE DRAINAGEWAYS, ARE GRANTED AS EASEMENTS TO THE
COMMON AREA "B" (RECREATION, LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) IS TOWN OF MARANA AND ALL PUBLIC AND PRIVATE UTILITY COMPANIES FOR THE PURPOSE
2,83 AC, 123.4.00 SF OF INSTALLATION AND MAINTENANCE OF, AND ACCESS TO, UNDERGROUND PUBLIC AND
COMMON AREA "C " (LANDSCAPE, UTILITIES DRAINAGE AND GRADING) IS PRIVATE UTILITIES AND SEWERS. PRIVATE DRAINAGEWAYS ARE ALSO RESERVED FOR THE
3.91 AC, 170,468 SF FLOW OF WATER, WHETHER SURFACE, FLOOD, OR RAINFALL, FROM THIS SUBDIVISION AND
OTHER LANDS AS APPROVED BY THE TOWN ENGINEER. TITLE TO ALL PRIVATE
10. NO FURTHER LOT SPLITTING SHALL BE DONE WITHOUT THE WRITTEN APPROVAL OF THE DRAINAGEWAYS AND COMMON AREAS SHALL BE VESTED IN AN ASSOCIATION OF INDIVIDUAL
TOWN OF MARANA. LOT OWNERS AS ESTABLISHED BY COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED
AT SEQ# 2022 A= 20 :IN THE OFFICE OF THE RECORDER OF PIMA COUNTY, ARIZONA.
11. APPROVAL OF THIS PLAT DOES NOT AFFIRM, CERTIFY, OR APPROVE ANY LAND DIVISION EACH AND EVERY LOT OWNER WITHIN THE SUBDIVISION SHALL BE MEMBER OF THE
THAT MAY CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OF, OR ASSOCIATION, WHICH IS RESPONSIBLE FOR THE CONTROL, MAINTENANCE, SAFETY, AND
COMPLIANCE WITH, ANY DEED RESTRICTIONS OR EASEMENTS. LIABILITY OF THE PRIVATE DRAINAGEWAYS AND COMMON AREAS WITHIN THIS
SUBDIVISION.
12. ALL NEW AND EXISTING UTILITIES WITHIN OR CONTIGUOUS TO THE SITE SHALL. BE
PLACED UNDERGROUND EXCEPT ELECTRICAL TRANSMISSION'LINES CARRYING 48KV OR T
, AN THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTURE FIDELITY NATIONAL TITLE AGENCY INC.. AN ARIZONA CORPORATION, AS TRUSTEE UNDER
GREATER. E L S TRUSTEE ONLY AND NOT OTHERWISE IN ITS CORPORATE CAPACITY.
ELECTRICAL TRANSMISSION CORRIDORS. TRUST N0. "0,524,
13. OBJECTS AND MATERIALS WITHIN THE SIGHT VISIBILITY TRIANGLE EASEMENTS SHALL BE BY: _ 3 -, "`
PLACED SO AS NOT TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO TRUST OFFICIAL _ DATE
HORIZONTAL LINES LOCATED 30-INCHES AND 72-INCHES ABOVE FINISHED GRADE OF THE
ROADWAY SURFACE, AND SHALL CONFORM TO THE TOWN OF MARANA SUBDIVISION STREET
STANDARDS.
14. THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO FORM, LINE, AND ACKNOWLEDGEMENT
FUNCTION OF ALL PUBLIC AND PRIVATE ROADWAYS AND DRAINAGE STRUCTURES BEFORE STATE OF ARIZONA
THE RELEASE OF ASSURANCES. SS.
15, TOTAL MILES OF NEW PRIVATE STREET IS 1.03. COUNTY OF PIMA
16. INSTALLATION OF ITEMS SUCH AS LANDSCAPE, IRRIGATION, SIGNAGE, MONUMENTS, ON THIS ±y _ DAY OF 01i
WALLS AND DRAINAGE IMPROVEMENTS IN THE PUBLIC RIGHT--OF-WAY SHALL REQUIRE A ' ,�^ 2022, BEFORE ME PERSONALLY APPEARED
PERPETUAL LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE AND INDEMNIFICATION.' i� WHO ACKNOWLEDGED TO BE THE TRUST OFFICIAL OF FIDELITY
THIS DOCUMENT SHALL BE EXECUTED PRIOR TO FINAL APPROVAL OF LANDSCAPE PLANS OR NATIONAL TITLE AGENCY INC. TRUST NO.60,524, AND BEING AUTHORIZED SO TO D0.
IMPROVEMENT PLANS ALLOWING INSTALLATION WITHIN THE PUBLIC RIGHTS -OF -WAY. EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSE THEREIN.
17. THIS SUBDIVISION IS LOCATED WITHIN THE TOWN OF MARANA WATER SERVICE AREA,
WHICH HAS BEEN DESIGNATED AS HAVING AN ASSURED WATER SUPPLY UNDER A.R.S.
45-576. COMMISSION EXPIRES Moe,( IT 2 a z 3
18. FIRE HYDRANTS AT 500 FOOT MAXIMUM INTERVALS SHALL BE INSTALLED WITHIN PUBLIC'
STREETS, THE FIRE FLOW REQUIREMENT IS 1,000 GALLONS/MINUTE APPROVED BY
NORTHWEST FIRE DISTRICT. ALL HYDRANTS MUST BE INSTALLED AND OPERATIONAL PRIOR '=
TO ARRIVAL OF COMBUSTIBLE CONSTRUCTION MATERIALS ON SITE. BENEFICIARY
19. POTABLE WATER FOR THIS SUBDIVISION SHALL BE PROVIDED BY THE TOWN OF MARANA PURSUANT TO A.R.S. SECTION 33-4-04(B), THE NAME AND ADDRESS OF THE
WATER UTILITY AND NON -POTABLE WATER SHALL BE PROVIDED BY THE CORTARO-MARANA BENEFICIARIES OF TRUST NO. 60,524, DESCRIBED ABOVE AS DISCLOSED BY THE
IRRIGATION DISTRICT. RECORDS OF SAID TRUST ARE:
20. INTERIOR PROPERTY CORNERS SHALL BE MONUMENTED AS SOON AS COMPLETION OF THE GLADDEN 2021, L.L.C•, A DELWARE LIMITED LIABILITY COMPANY
INFRASTRUCTURE AND IMPROVEMENTS MAKE IT PRACTICAL TO DO SO. IF SUCH 251 LITTLE FALLS DRIVE
IMPROVEMENTS SHOULD DIFFER FROM THE TYPE DESCRIBED ON THE FINAL PLAT, A WILMINGTON. DELAWARE 19808
RECORD OF SURVEY SHALL BE FILED SHOWING THOSE DIFFERENCES. ALL MONUMENTS SET
SHALL BE UNDER THE DIRECT SUPERVISION OF THE SURVEYOR OF RECORD. IF FOR ANY
REASON THE SURVEYOR OF RECORD IS NOT AVAILABLE TO SUPERVISE THE SETTING OF
THE INTERIOR CORNER MONUMENTS, SUBSEQUENT TO THE RECORDING OF THE FINAL PLAT, ADMINISTRATIVE ADDRESS
THE REPLACEMENT SURVEYOR SHALL SET MONUMENTS WITH HIS/HER IDENTIFYING NUMBER 10404 WEST TANGERINE ROAD, MARANA, ARIZONA 85653
AND A RECORD OF SURVEY SHALL BE RECORDED IN ACCORDANCE WITH STATE STATUTES,
3945 EAST FORT LOWELL ROAD - SUITE 111 ,1-5012A
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(a) County of Recordation p1MA
(b) Date of Recording 03/21/2022
(c) Fee/Recording Number 20220800235
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ASSURANCES IN THE FORM OF A THIRD PARTY TRUST FROM FIDELITY NATIONAL TITLE
AGENCY, AN ARIZONA CORPORATION, AS TRUSTEE UNDER TRUST NO. 60,524,FOR
LOTS 1-157 AND ASSOCIATED COMMON AREAS AS RECORDED IN SEQ #2022 Q oCo-2 _(0
IN THE OFFICE OF THE RECORDER OF PIMA COUNTY, ARIZONA HAVE, BEEN PROVIDED
TO GUARANTEE INSTALLATION OF REQUIRED STREET, SEWER, ELECTRIC, GAS AND WATER
UTILITIES, DRAINAGE, FLOOD CONTROL AND OTHER SUBDIVISION IMPROVEMENTS MEETING
ESTABLISHED MIN.14UM STANDARDS OF DESIGN AND CONSTRUCTION.
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TOWN OF MARANA DATE
RECORDING
SEQ: #202 2 920Q+ 0
FEE: —.� �'`. OU
STATE. OF ARIZONA
SS.
COUNTY OF PIMA
I HEREBY CERTIFY THAT THE INSTRUMENT
WAS FILED FOR RECORD AT THE
REQUEST
l
OF RICK ENGINEERING COMPANY,
INC.
DATE�t.�C�-
TIME
WITNESS MY HAND AND OFFICIAL
SEAL DAY``
AND YEAR ABOVE WRITTEN
_..
GABRIELLA CAZARES-KELLY, COUNTY
RECORDER
BY:
DEPUTY
CERTIFICATION
SURVEY
h-
SEQ #20192910094
SEQ #20181100137
SEQ #20190530030
SEQ #20173560112
SEQ #20121740308
SEQ #20182500081
SEQ #20173130070
SEQ #20193310053
SEQ ##20190530029
SEQ #20071020612
SEO #20211550210
SEO #20212180270
SEQ #20213010090
THIS
SCALE: 3" = 1 MIL
INDEXSHEET
1 COVER SHEET
2-5 FINAL PLAT SHEETS AND TABLES
LOCATION AP
PORTION OF SECTION 35, T 11 S, R 11 E
G & SRM TOWN OF MARANA
PIMA COUNTY, ARIZONA
LE END
SYMBOL ITEM
BOUNDARY MONUMENT NOT SET DUE TO
ONGOING CONSTRUCTION
10 FOUND SURVEY MONUMENT, AS NOTED
0 LOT CORNER TO BE SET BY RLS FOLLOWING
COMPLETION OF CONSTRUCTION
(SEE GENERAL NOTE 20)
2" BRASS CAP SURVEY MONUMENT TO BE
STAMPED BY RLS FOLLOWING
COMPLETION CONSTRUCTION
DRIVEWAY ORIENTATION ON LOTS
SVT SIGHT VISIBILITY TRIANGLE
14 � 13 QUARTER SECTION CORNER
23 LOT NUMBER
— — EXIST R/W Maps 0101 ti.t ( 4
i e 3r�: V'� ##EE _
ty � &d%
SECTION LINE
SUBDIVISION BOUNDARY
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Marana Town Council Regular Meeting Agenda Packet
December 5, 2023
Page 10 of 38
MARANA AZ
ESTABLISHED 1 9 7 7
Council -Regular Meeting C2
Meeting Date:12/05/2023
To: Mayor and Council
Submitted For: Libby Shelton, Deputy Town Attorney
From: Libby Shelton, Deputy Town Attorney
Date: December 5, 2023
Strategic Plan Focus Area:
Proactive Public Services
Subject: Resolution No. 2023-120: Relating to the Police Department; approving
and authorizing the Interim Chief of Police to execute a Data
Access/Exchange Agreement between the Town of Marana and the
Arizona Department of Transportation regarding the Accident
Location Information and Surveillance System (ALISS) database and
the Arizona Crash Information System (ACIS) (Libby Shelton)
Discussion:
The proposed item is a Data Access/Exchange Agreement between the Arizona
Department of Transportation and the Marana Police Department that will allow
authorized Town personnel access to submit electronic crash records directly to the
ALISS database and to retrieve crash data from ACIS. The term of this Data
Access/Exchange Agreement is five years.
Staff Recommendation:
Staff recommends approval of the Data Access/ Exchange Agreement.
Suggested Motion:
Marana Town Council Regular Meeting Agenda Packet Page 11 of 38
December 5, 2023
I move to adopt Resolution No. 2023-120 approving and authorizing the Interim Chief
of Police to execute a Data Access/Exchange Agreement between the Town of Marana
and the Arizona Department of Transportation regarding access to the Accident
Location Information and Surveillance System (ALISS) database and the Arizona Crash
Information System (ACIS).
Attachments
Resolution No. 2023-120
Exhibit A to Resolution No. 2023-120
Marana Town Council Regular Meeting Agenda Packet Page 12 of 38
December 5, 2023
MARANA RESOLUTION NO.2023-120
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING
THE INTERIM CHIEF OF POLICE TO EXECUTE A DATA ACCESS/EXCHANGE
AGREEMENT BETWEEN THE TOWN OF MARANA AND THE ARIZONA DEPART-
MENT OF TRANSPORTATION REGARDING THE ACCIDENT LOCATION INFOR-
MATION AND SURVEILLANCE SYSTEM (ALISS) DATABASE AND THE ARIZONA
CRASH INFORMATION SYSTEM (ACIS)
WHEREAS the Town of Marana and the Arizona Department of Transportation
desire to enter into a data access/exchange agreement for the purpose of a more effi-
cient exchange of crash records and crash data; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best in-
terests of the public to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, AS FOLLOWS:
SECTION 1. The "Data Access/Exchange Agreement" between the Town of Ma-
rana and the Arizona Department of Transportation is hereby approved in substantially
the form set forth in Exhibit A, attached to and incorporated with this Resolution, and
the Interim Chief of Police is hereby authorized to execute it for and on behalf of the
Town of Marana.
SECTION 2. The Towns Manager and staff are hereby directed and authorized
to undertake all other and further tasks required or beneficial to carry out the terms, ob-
ligations, and objectives of the data access/exchange agreement.
Marana Town Council Regular Meeting Agenda Packet Page 13 of 38
December 5, 2023
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar-
izona, this 5th day of December, 2023.
ATTEST:
David L. Udall, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Town Council Regular Meeting Agenda Packet Page 14 of 38
December 5, 2023
DATA ACCESS / EXCHANGE AGREEMENT
ADOT File No: 23-0009323-1
Date:
Name of Department: Town of Marana
Doing Business As: Marana Police Department
Business Address: 11555 W. Civic Center Dr., #D
Marana, AZ 85653
Mailing Address: Same as above
Telephone Number: (520) 382-2000
Marana Police Department (AGENCY) hereby requests authorization for connectivity to the Arizona
Department of Transportation's (ADOT or State) (check all that apply):
® ALISS Database to submit electronic crash records.
❑ ALISS Database to access and retrieve crash data.
❑ ACIS to query, analyze and retrieve crash data.
ADOT is authorized to enter into this Agreement pursuant to Arizona Revised Statutes ("A.R.S.") § 28-363 and §
28-401.
Marana Police Department (AGENCY) is authorized to enter into this Agreement pursuant to A.R.S. § 9-240.
The AGENCY (as defined below) hereby requests authorization for connectivity to the ALISS Database and/or
AIDW ACIS of the Arizona Department of Transportation, Transportation Systems Management and Operations
Division (TSMO). The AGENCY's specific access capabilities are set forth and further described in the attached
Addendum, which shall be considered a part of this Agreement between the AGENCY and ADOT.
The AGENCY understands and agrees that it shall only access the ALISS Database and/or the AIDW ACIS in
accordance with the terms and conditions set forth herein. If at any time ADOT believes the AGENCY is using
such access in an unauthorized or unlawful manner, ADOT reserves the right, in its sole discretion, to
immediately terminate this Agreement.
This Agreement complies with GITA Statewide Standard P740-S741, Standard 4.7.3.
Marana Town Council Regular Meeting Agenda Packet Page 15 of 38
December 5, 2023
Definitions
"ACIS" means the Arizona Crash Information System.
"ADOT" means the Arizona Department of Transportation.
"AGENCY" means Marana Police Department.
"Agreement" means this Data Access Exchange Agreement.
"ALISS" means the Accident Location, Identification and Surveillance System.
"Authorized individuals" means those persons who are employed or contracted by AGENCY to perform the
activities authorized hereunder.
"Connectivity" means to make and/or maintain a computer connection with ADOT for the purpose of
performing the activities authorized under this Agreement.
"Encrypt" means to scramble computerized information to secure data by using special algorithms for
transmission or other purposes.
"Parties" means ADOT and the AGENCY, collectively.
"Party" means ADOT or the AGENCY, as the case may be.
"Personal Information" means information that identifies an individual, including without limitation an
individual's name, photograph, social security number, driver license number, physical description, race, ethnic
origin, sexual orientation, income, blood type, DNA code, fingerprints, marital status, religion, home address,
home telephone number, education, financial matters, and medical or employment history readily identifiable
to a specific individual but does not include information on vehicular accidents, driving violations, and driver's
status.
"RACF" means Resource Access Control Facility, which is a software security product that protects information
by controlling access to it.
"Secure location" means an area designated specifically for authorized individuals to access ADOT's databases)
and to which all unauthorized individuals shall be prohibited from entering.
"Sensitive Information" means any state information either in detail or aggregate that may be prejudicial or
harmful to the state and its citizens.
Location of Activities
AGENCY may conduct authorized activities only at those locations which have been pre -approved by ADOT such
as their place of business that adheres to the other guidelines outlined in this Agreement. ADOT reserves the
right, in its sole discretion, to disapprove of location.
Marana Town Council Regular Meeting Agenda Packet Page 16 of 38
December 5, 2023
Equipment
AGENCY shall obtain computer equipment and software that is compatible with the information systems and
connectivity requirements of ADOT, and which will allow access only to the specific database(s) listed in the
Addendum to this Agreement.
Data Security
AGENCY shall provide a secure location for all computer equipment used to access ADOT's database(s).
AGENCY shall provide access to ADOT's ALISS Database and/or ACIS only to AGENCY personnel or contractors
who are authorized individuals, and to no one else. If at any time ADOT believes that an authorized individual is
using such access inappropriately, ADOT reserves the right to immediately terminate that individual's database
access and/or to terminate AGENCY authorization under this Agreement.
AGENCY shall comply with all ADOT policies, procedures and directives regarding security and database access,
including any future amendments thereto. All subcontractors utilized to perform the activities authorized by this
Agreement must abide by the same security and access requirements as AGENCY.
AGENCY must disclose and obtain ADOT approval of any existing and/or contemplated strategic alliances,
partnerships, Intergovernmental Agreements or subcontracting arrangements that AGENCY has or will enter
into which involve the processing and/or use of ADOT data acquired pursuant to this Agreement.
AGENCY, its officers, agents, employees, contractors and representatives shall not, without the prior written
approval of ADOT, disclose, distribute, or utilize in any manner not expressly authorized under this Agreement,
any personal or sensitive information which is connected or otherwise associated with or accessed pursuant to
this Agreement, either during the term of this Agreement or subsequent to any termination of this Agreement.
AGENCY shall maintain all hard copy information and electronic data related to this Agreement in a secure
location at all times.
Data Privacy
AGENCY shall not utilize its computer connections with ADOT for any purpose other than the purpose(s)
specified in the Addendum to this Agreement.
Network Security
AGENCY understands and agrees that any and all personal or sensitive information that it stores or transmits
over external or public computer networks, such as the Internet, must be encrypted.
AGENCY computers that are permanently or intermittently connected to internal computer networks must have
an ADOT approved, password -based, access control system in order to access ADOT's database(s). This
requirement applies to computers with direct connections to data centers, as well as AGENCY "wide area
network." Regardless of the network connections, all AGENCY computers which are used to access ADOT
information must employ approved, password -based, access control systems.
All in -bound connections to AGENCY computers from external networks must also be protected. All access
control systems must utilize user -identifications (i.e. RACF ID's) and passwords unique to each user, as well as
user -privilege restriction mechanisms. Password sharing is prohibited.
Marana Town Council Regular Meeting Agenda Packet Page 17 of 38
December 5, 2023
Non -exclusivity
This Agreement shall not preclude ADOT from entering into the same or similar Agreement with other public or
private entities, including those performing identical or similar functions as AGENCY.
Notification
AGENCY shall assign a contact person for problem resolution and notification of procedural changes. AGENCY
shall advise ADOT within two business days of any change in its designated contact person. All notices or
demands upon either Party shall be in writing and an original shall be delivered electronically, in person, or sent
by mail, addressed as follows:
To ADOT at:
ADOT Crash Records Section
Custodian of State Crash Records
1615 W. Jackson Street, Mail Drop 064R
Phoenix, AZ 85007
Fax: 602.712.3488
Email: AZCrashFacts@azdot.gov
Records
To AGENCY at:
Marana Police Department
ATTN: Lt. Tim Brunenkant
11555 W. Civic Center Dr., #D
Marana, AZ 85653
(520) 954-1455
tbrunkenkant@maranaaz.gov
The AGENCY shall maintain a log or register of all ADOT records it requests and all ADOT records it obtains by
virtue of the access provided herein. The AGENCY shall retain this log or register either manually or
electronically for a period of five years after the date of request and receipt of the records. All other books,
papers, records, data, and accounting records relating to this Agreement ("Records") shall be maintained by
AGENCY for a period of five years, or such greater or lesser time as may be required by federal or state law, rule,
or the ADOT Records Retention Schedule. The Records shall be subject to inspection and audit by ADOT for five
years after termination or completion of this Agreement. The Records shall be produced at the offices
designated by ADOT.
It is further agreed that ownership of all records relating to this Agreement resides exclusively with ADOT,
except for data retrieved pursuant to this Agreement.
Compliance
AGENCY shall comply with all of the terms set forth in this Agreement, together with all applicable state
statutes, rules, and regulations. AGENCY shall also comply with all relevant ADOT policies, procedures and
directives that ADOT provides to AGENCY throughout the course of this Agreement. All AGENCY subcontractors
are held to the same compliance standards, and any failure to comply on the part of the subcontractor will be
deemed a failure on the part of AGENCY.
Non-compliance
If AGENCY fails to comply with the terms of this Agreement, or with any applicable law, rule or regulation, ADOT
reserves the right to take any remedial action that it deems necessary and appropriate, including without
limitation the suspension, cancellation, revocation, or termination of this Agreement. In case of a violation of
law, the Agreement shall immediately terminate.
Amendment and Modification of Agreement
AGENCY shall review and approve in writing any modification of the Agreement. Upon the amendment of any
applicable law, rule or regulation, the Agreement shall automatically be modified to reflect such amendment.
Any modification of the Agreement shall be incorporated herein and shall be subject to all other provisions of
Marana Town Council Regular Meeting Agenda Packet Page 18 of 38
December 5, 2023
this Agreement. AGENCY may submit a written request to ADOT if there are any changes it desires be made to
the Agreement, and such a request shall be approved or denied at ADOT's sole discretion.
Termination
Either Party may terminate this Agreement for convenience or cause upon 30 days prior written notice to the
other Party. Upon any termination of this Agreement, AGENCY shall, at ADOT's request, remove and deliver to
TSMO all electronic data stored on any electronic storage devices and shall immediately return all other data
and information received in connection herewith to ADOT.
Waiver/Severability
AGENCY agrees that a waiver of any provision of this Agreement shall not act as a waiver of any other provision
of this Agreement. If a provision of this Agreement is for any reason declared invalid, illegal, or unenforceable,
that declaration shall not affect the remainder of the provisions of the Agreement.
Duration
This Agreement shall become effective upon approval by the Division Director and execution by both Parties.
The Parties agree to an effective date and expiration date of the agreement from June 12, 2023 to June 10,
2028, unless previously terminated or canceled as provided herein. Prior to expiration of this five year period,
the Parties may mutually agree to extend the term of the Agreement for three, five-year extensions by entering
into an amendment to this Agreement.
Liability
The AGENCY shall indemnify, defend, and hold harmless the State, any of its departments, agencies, officers or
employees (collectively referred to in this paragraph as the "State") from any and all claims, demands, suits,
actions, proceedings, loss, cost and damages of every kind and description, including reasonable attorneys' fees
and/or litigation expenses (collectively referred to in this paragraph as the "Claims"), which may be brought or
made against or incurred by the State on account of loss of or damage to any property or for injuries to or death
of any person, to the extent caused by, arising out of, or contributed to, by reasons of any alleged act, omission,
professional error, fault, mistake, or negligence of the AGENCY, its employees, officers, directors, agents,
representatives, or contractors, their employees, agents, or representatives in connection with or incident to the
performance of this Agreement. The AGENCY's obligations under this paragraph shall not extend to any Claims
to the extent caused by the negligence of the State, except the obligation shall apply to any negligence of
the AGENCY which may be legally imputed to the State by virtue of this Agreement or the State's ownership of
the databases. The AGENCY's obligations under this paragraph shall survive the termination of this Agreement.
Limitation of Liability
ADOT (a) makes no warranty, express or implied, with respect to information provided under this Agreement,
including but not limited to, implied warranties of merchantability and fitness for any particular use; (b) assumes
no liability for any direct, indirect, or consequential damages arising from any use of any part of this Agreement;
(c) assumes no liability for any errors or omissions within the Data Access Exchange. Parties hereby waive,
relinquish, and release the State of Arizona and ADOT from any claim for damage or injury arising from any use
of the Data Access Exchange or any information derived from it.
Mandatory Provisions for Arizona State Agencies
Marana Town Council Regular Meeting Agenda Packet Page 19 of 38
December 5, 2023
None of the provisions of the Agreement may be waived, changed or altered except with the mutual written
consent of both Parties.
Except as permitted by law and provided by this Agreement, ADOT is not authorized to indemnify the AGENCY.
The AGENCY acknowledges and will comply with Title VI of the Civil Rights Act Of 1964.
This Agreement shall be governed by and construed in accordance with Arizona laws.
This Agreement may be cancelled in accordance with A.R.S. § 38-511.
This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,
42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36.
The Parties to this Agreement shall comply with Executive Order Number 2009-09, as amended by Executive
Order 2023-01, issued by the Governor of the State of Arizona and incorporated in this Agreement by reference
regarding "Non -Discrimination."
Non -Availability of Funds: Every payment obligation of ADOT under this Agreement is conditioned upon the
availability of funds allocated for the payment of such obligation. If funds are not allocated and available for the
continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for
which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the
State shall not be obligated or liable for any future payments or for any damages as a result of termination
under this paragraph.
In the event of any controversy, which may arise out of this Agreement, the Parties agree to abide by arbitration
as is set forth for public works contracts if required by A.R.S. § 12-1518.
The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.
The Parties shall certify that all contractors comply with the applicable requirements of A.R.S. §§ 35-393.01 and
35-394.
The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be amended.
Joint Venturer — Except as otherwise provided by law, in the performance of duties and activities under this
Agreement, the Parties hereto will be acting in their individual governmental capacities and not as agents,
employees, partners, joint ventures, or associates of each other. The officers, employees, agents, or
subcontractors of one Party shall not be deemed or construed to be the employees or agents of the other Party.
Each Party shall remain responsible for the supervision of their respective staff and students and shall maintain
adequate insurance coverage as required by law.
AGENCY assigns to ADOT any claim for overcharges resulting from antitrust violations to the extent that such
violations concern materials or services supplied by third parties to AGENCY toward fulfillment of this
Agreement.
The Parties may execute this Agreement in two or more counterparts, each of which shall be deemed an original
and together which shall constitute one and the same document.
Certification
On behalf of AGENCY identified below, the undersigned hereby request approval of this Agreement. The
undersigned certifies that all of the information set forth herein by AGENCY is true and accurate, and that any
records or information obtained from ADOT's database(s) and system(s) pursuant to this Agreement will be used
solely for the purpose(s) specified in the Addendum to this Agreement, and for no other purposes. The
undersigned further certifies that the undersigned have the authority to execute this Agreement on behalf of
Marana Town Council Regular Meeting Agenda Packet Page 20 of 38
December 5, 2023
AGENCY. The undersigned understands that the AGENCY must abide by the provisions of this Agreement if
approved by the Division Director and executed by both Parties.
MARANA POLICE DEPARTMENT
By on
ROBERTO JIMENEZ Date
Interim Chief
ATTEST:
By on
JEFF PRIDGETT Date
Captain
By on
LIBBY SHELTON Date
Deputy Town Attorney
FOR ADOT USE ONLY
Received by
TIMOTHYJORDAN
AzTraCS Program Coordinator
AUTHORIZATION
on
Date
On behalf of the Arizona Department of Transportation, the authorization requested by Marana Police
Department pursuant to this Agreement (including the attached Addendum) is hereby approved.
ARIZONA DEPARTMENT OF TRANSPORTATION
Transportation Systems Management and Operations
By
BRENT A. CAIN, PE
Division Director
on
Date
Marana Town Council Regular Meeting Agenda Packet Page 21 of 38
December 5, 2023
AGREEMENT ADDENDUM
THIS ADDENDUM is made and entered into pursuant to A.R.S. §§28-401 et seq. and with GITA Statewide
Standard P740-S741, Standard 4.7.3, as part of the foregoing Data Access / Exchange Agreement between the
Arizona Department of Transportation (ADOT) and the Marana Police Department (AGENCY).
Subject to ADOT's right to terminate as set forth in this Agreement:
ADOT <grants/does ROt ^fa^*> AGENCY authorization to access its ALISS Database via approved direct
program -to -program interactions over an approved persistent connection and to thereby submit electronic
crash records information contained in such databases according to the terms and conditions stated in this
Agreement. Electronic crash records shall be submitted no more than once per day.
ADOT <gs/does not grant> AGENCY authorization to access its ALISS Database via an approved secure
gateway and with two -factor authentication to retrieve pertinent crash records data including vehicle
information according to the terms and conditions stated in this Agreement.
III. ADOT <grants/deer not grant> AGENCY authorization to access its ACIS via an approved secure gateway
and with user identifications and passwords unique to each user to run queries and retrieve crash data
strictly for the purposes of safety analysis and in accordance with the terms and conditions stated in this
Agreement. Data query and retrieval may be done on an as -needed basis.
The foregoing Agreement and Addendum are mutually agreed to:
MARANA POLICE DEPARTMENT
By on
ROBERTO JIMENEZ
Interim Chief
ATTEST:
By on
JEFF PRIDGETT
Captain
By on_
LIBBY SHELTON
Deputy Town Attorney
ARIZONA DEPARTMENT OF TRANSPORTATION
Transportation Systems Management and Operations
EPA
Date BRENT A. CAIN, PE
Division Director
Date
Date
on
Date
Marana Town Council Regular Meeting Agenda Packet Page 22 of 38
December 5, 2023
A6�
MARANA AZ
ESTABLISHED 1 9 7 7
Council -Regular Meeting C3
Meeting Date:12/05/2023
To: Mayor and Council
From: Yiannis Kalaitzidis, Finance Director
Date: December 5, 2023
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2023-121: Relating to Finance; declaring, for purposes of
Section 1.150-2 of the Federal Treasury Regulations, official intent to be
reimbursed in connection with certain capital expenditures relating to a Town
Community Center Capital Improvement Project (Yiannis Kalaitzidis)
Discussion:
Town Council approved construction of the Community and Aquatics center and
created a dedicated funding source for the funding and financing of the project. While
expenses for design and contract management have been paid through available funds
collected since the inception of the dedicated Half -Cent sales tax fund, as construction
has now commenced, anticipated expenses will outpace revenue collections. Town
staff will be requesting Council approval in the coming months to issue tax-exempt
debt to pay for the construction of the project.
As per Federal Treasury (IRS) regulations, Section 1.150-2, if the Town wishes to be
reimbursed for construction expenses paid prior to the issuance of tax-exempt debt, a
resolution of a notice of intent to reimburse the Town for such expenses should be
approved by Council.
The resolution will apply for expenditures made up to 60 days prior to the date the
reimbursement resolution is adopted and up to 18 months after adoption.
Section 1.150-2 and this reimbursement resolution does not commit a borrower to
issuing tax-exempt debt at any point in the future. The resolution provides flexibility
for the Town, so tax-exempt debt may be issued in the future and the Town may be
Marana Town Council Regular Meeting Agenda Packet Page 23 of 38
December 5, 2023
reimbursed for eligible past expenditures, while maintaining the tax-exempt status of
the debt issued within that time frame. The resolution will allow the Town to better
manage cash flows and issue debt in a timely and advantageous manner, while
retaining the tax-exempt nature of future debt.
The amount included in this resolution is not expected to exceed the maximum
principal amount of future obligations currently estimated at $51,145,080.
Financial Impact:
While this resolution does not have a direct financial impact, the Community and
Aquatics Center project it relates to has been budgeted and approved by Council.
Staff Recommendation:
Town staff recommends approval of Resolution No. 2023-121, declaring for purposes
of Section 1.150-2 of the Federal Treasury Regulations, official intent to be reimbursed
in connection with certain capital expenditures relating to a Town Community Center
Capital Improvement Project.
Suggested Motion:
I move to adopt Resolution No. 2023-121, declaring for purposes of Section 1.150-2 of
the Federal Treasury Regulations, official intent to be reimbursed in connection with
certain capital expenditures relating to a Town Community Center Capital
Improvement Project.
Resolution No. 2023-121
Attachments
Marana Town Council Regular Meeting Agenda Packet Page 24 of 38
December 5, 2023
MARANA RESOLUTION NO.2023-121
RELATING TO FINANCE; DECLARING, FOR PURPOSES OF SECTION 1.150-2 OF
THE FEDERAL TREASURY REGULATIONS, OFFICIAL INTENT TO BE REIMBURSED
IN CONNECTION WITH CERTAIN CAPITAL EXPENDITURES RELATING TO A
TOWN COMMUNITY CENTER CAPITAL IMPROVEMENT PROJECT
WHEREAS the Town of Marana is authorized and empowered pursuant to law
to issue or cause to be issued obligations to finance the costs of various capital facilities
owned or to be owned by the Town; and
WHEREAS it is contemplated that certain expenditures made by the Town with
regard to capital facilities owned or to be owned by the Town with regard to a Town
community center (the "Project") will be reimbursed from the proceeds of the sale of
obligations to be issued in the future by or on behalf of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, AS FOLLOWS:
SECTION 1. Definitions. The following terms shall have the meanings assigned
thereto as follows:
"official intent" means a declaration of intent of the Town to reimburse an origi-
nal expenditure with proceeds of an obligation;
"original expenditure" means an expenditure for a governmental purpose that is
originally paid from a source other than a reimbursement bond; and
"reimbursement bond" means the portion of an issue of obligations allocated to
reimburse an original expenditure that was paid before the issue date of such issue.
SECTION 2. Official Intent. This Resolution is official intent relating to reim-
bursement for the original expenditures for the Project which are capital expenditures
(being any cost of a type that is properly chargeable to a capital account (or would be so
chargeable with a proper election) under general federal income tax principles) made
within sixty (60) days before and any time after the date of this Resolution. The maxi-
mum principal amount of obligations (including the reimbursement bonds for such
purposes) to be issued for the Project is expected not to exceed $51,145,080.
Marana Town Council Regular Meeting Agenda Packet Page 25 of 38
December 5, 2023
SECTION 3. Reasonableness of Official Intent. On the date of this Resolution,
the Mayor and Common Council of the Town have a reasonable expectation (being that
a prudent person in the same circumstances would have based on all the objective facts
and circumstances) that the Town will reimburse such original expenditures with pro-
ceeds of such obligations.
SECTION 4. Reimbursement Period. With certain exceptions, an allocation in
writing that evidences use of proceeds of the reimbursement bonds to reimburse the
original expenditures shall be made not later than 18 months after the later of (i) the
date that the original expenditure is paid, or (ii) the date the project is placed in service
or abandoned, but in no event more than 3 years after the original expenditure is paid.
SECTION 5. Public Record. This Resolution shall be included as of the date
hereof in the publicly available official records of the Town, such records being main-
tained and supervised by the Town Clerk, being the main administrative office of the
Town, and shall remain available for public inspection on a reasonable basis.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar-
izona, this 5th day of December, 2023.
ATTEST:
David L. Udall, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Town Council Regular Meeting Agenda Packet Page 26 of 38
December 5, 2023
Marana Town Council Regular Meeting Agenda Packet Page 27 of 38
December 5, 2023
A6�
MARANA AZ
ESTABLISHED 1 9 7 7
Council -Regular Meeting
Meeting Date:12/05/2023
To: Mayor and Council
From: David L. Udall, Town Clerk/Assistant Town Attorney
Date: December 5, 2023
Subject: Approval of Regular Council Meeting Summary Minutes of November 21,
2023 (David L. Udall)
Attachments
Regular Council Meeting Summary Minutes, 11/21/2023
C4
Marana Town Council Regular Meeting Agenda Packet Page 28 of 38
December 5, 2023
MARANA AZ
ESTABLISHED 1 9 7 7
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, November 21, 2023, at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
Patti Comerford, Council Member
Jackie Craig, Council Member
Herb Kai, Council Member
John Officer, Council Member
Roxanne Ziegler, Council Member
SUMMARY MINUTES
CALL TO ORDER AND ROLL CALL
Vice Mayor Post called the meeting to order at 6:00 PM and directed the Town Clerk to
call the roll. Mayor Honea was absent. Council Member Kai and Council Member
Officer were absent until 6:03 PM and did not take part in the vote to approve the agenda,
but they were both present thereafter. A quorum was present throughout the meeting.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Vice
Mayor Post.
APPROVAL OF AGENDA
Vice Mayor Post asked for a motion to approve the agenda.
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December 5, 2023
Council Member Ziegler moved to remove Items C1 and C2 from the ConsentAgenda and
place them under Council Action and moved to approve the agenda as so amended.
Council Member Craig seconded the motion. Motion passed, 4-0.
CALL TO THE PUBLIC
Mr. Ron Roseman addressed the Council. He urged the Council to introduce a ban of
glyphosate herbicide found in certain weed -killing products.
PROCLAMATIONS
PR1 Proclamation Recognizing Marana Police Sergeant Adam Lawson (David L.
Udall) Town Clerk/Assistant Town Attorney David Udall said the proclamation was
presented to Sergeant Adam Lawson during his retirement ceremony and was included
here to be entered into the record.
PR2 Proclamation Recognizing November 25, 2023 as Small Business Saturday
(David L. Udall) Mr. Udall said that the proclamation would be mailed to its recipient.
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Ziegler commented on an event she attended with the County Board
of Supervisors honoring Pima County Supervisor Sharon Bronson.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Town Manger Terry Rozema said the Town issued 71 single-family residential permits
so far in November. Last November, there were 35 total permits issued. He highlighted
the Holiday Festival and Christmas Tree Lighting signature event coming up on
December 2, 2023, additional amenities installed at Tangerine Sky Park, and the Marana
Police Department's Thanksgiving turkey drive that provided Thanksgiving dinners for
18 families.
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 2023-2024 fiscal year
(Yiannis Kalaitzidis)
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December 5, 2023
Finance Director Yiannis Kalaitzidis presented the First Quarter results for the Town's
General Fund and other select funds for the 2023-2024 fiscal year. A copy of the
presentation slides is on file with the Town Clerk's Office. Please see the detailed
presentation slides for information regarding the presentation, including tables and
graphical information.
P2 Relating to Strategic Planning; presentation and discussion regarding the Town's
progress in implementing the Marana Strategic Plan Five (Andrea De La Cruz)
Assistant to the Town Manager Andrea De La Cruz presented on the Town's progress
in implementing Marana's Strategic Plan 5. A copy of the presentation slides is on file
with the Town Clerk's Office. Please the detailed slides for information regarding the
presentation, including graphical information. Ms. De La Cruz answered clarifying
questions and said the next update would be provided in February of 2024.
Council Member Ziegler asked how many people the Town was interviewing for the
Cultural Heritage Specialist position. Ms. De La Cruz said the Town is interviewing
seven qualified applicants. Council Member Ziegler said she was anxious to get things
going with that position.
Council Member Ziegler commented on the Saguaro Bloom Community Park
disruption listed under the Healthy Lifestyles slide and said that the disruption was on
the part of D.R. Horton, not the Town. She stressed that the park should have been built
two years ago, and that D.R. Horton has been delaying the project. Mr. Rozema said
Town staff has been working with D.R. Horton to come up with creative ways to deliver
the best park possible for residents. Council Member Ziegler expressed frustration that
D.R. Horton was not able to come up with $300,000.00 to construct the first phase of the
park and that the Town was considering potentially taking amenities out of the park. Mr.
Rozema said the hope was to have most of the amenities still in the park. Council
Member Ziegler said she believes more pressure should be put on D.R. Horton. Council
Member Comerford also expressed frustration that D.R. Horton was delaying the
project.
P3 Relating to Technology Services; presentation providing an update on the Connect
Pima Digital Inclusion and Infrastructure Action Plan designed to guide the development
of broadband infrastructure, the implementation of digital literacy initiatives, and the
increase of devices and tools for connectivity in Pima County (Ricardo Carlos)
Dr. Michelle Simon, Director of Pima County's Office of Digital Inclusion and Mr.
Javier Baca, Pima County's Information Technology Director presented on this item. A
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December 5, 2023
copy of the presentation slides is on file with the Town Clerk's Office. Please see the
presentation slides for information regarding the presentation.
In reference to the map shown in the slides, Council Member Comerford asked why the
proposed middle mile fiber ring did not go any further north than Tangerine Road. Mr.
Baca explained the project is designed to provide opportunities for fiber services to
extend up to 25 miles from the middle mile fiber ring and that fiber companies could
lease the ring to extend such services from that point on in a cost-effective way.
Council Member Comerford asked if this project had anything to do with the company
Ting. Mr. Baca said Ting is a last mile internet service provider and could be one of many
that utilize the middle mile ring. He said the County wants to encourage competition
with this project.
Council Member Ziegler asked if Mr. Rozema would be doing a podcast on Ting. Mr.
Rozema affirmed that was the plan but highlighted that this item was not directly
connected to Ting. He said Ting may connect to the middle mile ring.
Council Member Ziegler pointed out that many residents were upset at the disruption
and construction mess caused by some of Ting's work in the right of ways, and asked if
the middle mile project would similarly disrupt residents. Mr. Baca said this project
would require underground construction for reliable and enduring fiber infrastructure.
He said efforts will be made to avoid or minimize disruption, but that it is a large
construction project. He highlighted that actual construction would still be couple of
years down the road. Dr. Simon said the soonest construction could start was 2025
because a significant environmental assessment and a historic preservation mitigation
plan must be completed first. She said there would be community outreach and
involvement with the project, and Council Member Ziegler thanked her for bringing in
the community early.
Council Member Comerford said the Town will be doing road improvements on
Tangerine Road and requested that the Town and County coordinate so the projects
could be completed at the same time rather than ripping up the roadway twice.
P4 Relating to Water: presentation from a representative of the Central Arizona
Project (CAP) Board providing an update on the status of the lower Colorado River Basin
water supply (Jing Luo)
Water Director Jing Luo introduced this item and its presenter, Ms. Karen Cesare,
Secretary of the Central Arizona Water Conservation District. Ms. Cesare presented on
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December 5, 2023
the status of the lower Colorado River Basin water supply and said there has been
improvement due to last year being a very good water year. A copy of the presentation
slides is on file with the Town Clerk's Office. For information regarding the presentation,
including statistics and graphical information, please see the presentation slides.
Council Member Kai asked what the projections were for the upcoming snow year and
how that would impact water projections going forward. Ms. Cesare said it was difficult
to predict. She said last year was an amazing year, and that current predictions showed
this upcoming year would be an average or slightly above average year. She said an
average year on top of last year would be good for the time being.
[Prior to entertaining a motion for the consent agenda, Vice Mayor Post invited Mr. Carlos
Valles, Executive Director of the Sahuarita Food Bank and Community Resource Center,
to approach the dais.]
Mr. Valles said that, beginning December 1, 2023, he would also be the Executive
Director for the Marana Food Bank and Community Resource Center. He thanked the
Council for their support.
Council Member Ziegler said there was some confusion regarding this effort at the Pima
County Board of Supervisors and said she would talk with Mr. Rozema to figure out
where the confusion stemmed from so she could help address it.
CONSENT AGENDA
[Items C1 and C2 were removed from the Consent Agenda and were considered under Council
Action below.]
C3 Resolution No. 2023-109: Relating to Budget; approving the transfer of up to
$150,000 in budgeted expenditure authority from the General Fund contingency line item
to the Mayor and Council Community Relations budget in the fiscal year 2023-2024
budget for a donation to the Marana Food Bank and Community Resource Center (Terry
R. Rozema)
C4 Resolution No. 2023-110: Relating to Capital Improvement Projects; approving
and authorizing the Mayor to sign the Intergovernmental Agreement between the Pima
County Flood Control District and the Town of Marana for Construction and
Maintenance of the Santa Cruz River Path CalPortland Segment (Libby Shelton)
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December 5, 2023
C5 Resolution No. 2023-111: Relating to Development; approving the final block plat
for Mandarina Blocks 1-2, 4-5 & 8-13 generally located north of Tangerine Road and east
of Interstate 10 within portions of Section 36, Township 11 South and Range
11 East and Section 31, Township 11 South and Range 12 East (Steve Cheslak)
C6 Resolution No. 2023-112: Relating to Marana Regional Airport; authorizing the
Public Works Director or designee to submit an application for entry into the Federal
Contract Tower Program at Marana Regional Airport (Fausto Burruel)
C7 Resolution No. 2023-113: Relating to Parks and Recreation; approving and
authorizing the Mayor to execute an intergovernmental agreement between the Town of
Marana and the Town of Oro Valley for the M.O.V.E. Across 2 Ranges Hike Challenge
Event (Jim Conroy)
C8 Resolution No. 2023-114: Relating to the Police Department; approving and
authorizing the Town Manager and the Acting Chief of Police to execute an agreement
between the State of Arizona Department of Emergency and Military Affairs and the
Marana Police Department for funding for the purchase of border security
technologies (Libby Shelton)
C9 Resolution No. 2023-115: Relating to the Police Department; approving and
authorizing the Interim Police Chief to execute an updated agreement between Pima
County Superior Court and Marana Police Department to allow the exchange of court
information to determine disposition of cases; rescinding Resolution No. 2023-092 (Libby
Shelton)
C10 Resolution 2023-116: Relating to Transaction Privilege Tax; approving and
authorizing the Mayor to execute an intergovernmental agreement between the State of
Arizona Department of Revenue and the Town of Marana for the administration,
collection, audit, and licensing of transaction privilege taxes, use taxes, severance taxes,
jet fuel excise and use taxes and rental occupancy taxes imposed by the State, cities or
towns (Yiannis Kalaitzidis)
C11 Resolution No. 2023-117: Relating to Water; authorizing Town staff to apply for
a Drinking Water Revolving Fund loan from the Water Infrastructure Finance Authority
of Arizona (WIFA) to fund design and construction costs for a Marana Park emerging
contaminants water treatment facility (Jing Luo)
C12 Resolution No. 2023-118: Relating to Administration; approving the updated
Electronic Communications Retention and Storage Administrative Directive and the
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December 5, 2023
updated Data Storage Administrative Directive for Town of Marana employees and
elected and appointed officials (Ricardo Carlos)
C13 Approval of Amended Summary Meeting Minutes of October 3, 2023 (David L.
Udall)
C14 Approval of Regular Council Meeting Summary Minutes of October 17, 2023
(David L. Udall)
Council Member Kai moved to approve the consent agenda. Council Member Officer
seconded the motion. Motion passed, 6-0.
LIQUOR LICENSES
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an application for a new series #006 Bar liquor
license submitted by James Ty Hammett on behalf of Caps & Corks, located at 3830 West
River Road, Suite 100, Tucson, Arizona 85741 (David L. Udall)
Mr. Udall informed the Council that Town staff reviewed the application and that it was
posted for the required 20-day notice period. He said Town staff recommended an order
of approval be submitted to the Arizona Department of Liquor License and Control.
Council Member Comerford moved to approve and submit to the Arizona Department of
Liquor License and Control an order recommending approval of an application for a new
series #006 Bar liquor license submitted by James Ty Hammett on behalf of Caps &
Corks, located at 3830 West. River Road, Suite 100, Tucson, Arizona 85741. Council
Member Craig seconded the motion. Motion passed, 6-0.
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
C1 Ordinance No. 2023.040: Relating to Business Regulations; adopting revisions to
Title 9 "Business Regulations" of the Marana Town Code; including revising Section 9-2-
7 (License renewal) to allow the town to conduct investigations on business license
renewals; revising Section 9-2-10 (Grounds for denial, suspension, revocation, or
nonrenewal of license) to add an additional ground related to solicitors; adding new
Chapter 9-15 (Soliciting in residential areas); and designating an effective date
Resolution No. 2023-107: Relating to Business Regulations; declaring as a public record
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December 5, 2023
filed with the Town Clerk the amendments adopted by Ordinance
No. 2023.040, revisions to Title 9 "Business Regulations' of the Marana Town Code;
revising Section 9-2-7 (License renewal) to allow the Town to conduct investigations on
business license renewals; revising Section 9-2-10 (Grounds for denial, suspension,
revocation, or nonrenewal of license) to add an additional ground related to solicitors;
and adding new Chapter 9-15 (Soliciting in residential areas) (Luke Fischer)
Deputy Town Attorney Libby Shelton presented on this item. A copy of the presentation
slides is on file with the Town Clerk's Office. Ms. Shelton said the proposed ordinance
focuses on regulating businesses whose employees solicit in residential areas and was
similar to the Towri s ordinance regulating peddlers (consisting of individuals who go
door to door). For more information about the solicitor regulations, please see the
presentation slides.
Council Member Ziegler thanked Town staff for bringing forward the proposed solicitor
regulations and asked what department would be responsible for enforcement. Ms.
Shelton said enforcement could come from a variety of sources, including the Finance
Department, Code Enforcement, or the Police Department if criminal conduct is involved.
Council Member Ziegler moved to adopt Ordinance No. 2023.040 and Resolution No.
2023-107. Council Member Officer seconded the motion. Motion passed, 6-0.
C2 Resolution No. 2023-108: Relating to Budget; approving the transfer of $44,000,
$41,000, $330,000, $5,000, $2,200, $1,250 and $74,500 in budgeted expenditure authority
from the General Fund contingency line item to the restricted budget line items within
the Community & Neighborhood Services Department, the Tangerine Farms Road
Improvement District Fund, the Health Benefits Fund, the Northeast Streets Facilities
Benefit Area Impact Fee Fund, the 2017B Excise Tax Series Bonds debt service Fund, the
Gladden Farms CFD debt service Fund, and the Gladden Farms, Phase II CFD debt
service fund, respectively, in the fiscal year 2022-2023 budget (Yiannis Kalaitzidis)
Mr. Kalaitzidis presented on this item. He explained that the Town sets the budget with
staff's best estimates of what costs will be for the year. Throughout the year, if a
department has the cash available, it may be allowed to continue to spend money for
efficiency purposes and then seek budget authority from Council. He explained that is
what is happening with this item and that there were multiple reasons for the overages.
For example, the $330,000.00 for the Marana Health Benefits Trust Fund was due to larger
and more claims than anticipated. He said the funds at issue in this item still have a
healthy reserve balance.
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December 5, 2023
Council Member Craig asked how the Town could be short on the Gladden Farms, Phase
II CFD debt service fund. Mr. Kalaitzidis said the Town budgeted a certain amount for
debt to be issued to acquire eligible infrastructure constructed by the developer. As part
of that process, Town staff receives an amount from the developer and estimates how
much the Town will issue in debt and how much capital property the Town will acquire
with the proceeds. In this case, the amount estimated at the beginning of the budgeting
process was under the amount the developer ended up providing, and the town issued
additional debt to account for the higher cost. Council Member Craig asked if it would
balance out in the end, and Mr. Kalaitzidis said it would.
Vice Mayor Post asked how a CFD item was mixed with a regular Town Council item.
Mr. Kalaitzidis said it was because the Towri s budget includes all of the Towri s CFDs.
Council Member Comerford moved to adopt Resolution No. 2023-108. Council Member
Kai seconded the motion. Motion passed, 6-0.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
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)(3) and (4) for discussion or
consultation with the Towri s attorneys and to instruct the Towri s representatives
concerning the litigation entitled Southern Arizona Home Builders Association v. Town of
Marana, Pima County Superior Court Case No. C20184411.
Vice Mayor Post asked for a motion to go into executive session.
Council Member Kai moved to go into executive session. Council Member Ziegler
seconded the motion. Motion passed, 6-0.
[An executive session was held, beginning at 7:37 PM and concluding at 801 PM.]
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December 5, 2023
FUTURE AGENDA ITEMS
Notwithstanding the Mayor's discretion regarding the items to be placed on the agenda,
if three or more Council members request that an item be placed on the agenda, it must
be placed on the agenda for the second regular Town Council meeting after the date of
the request, pursuant to Marana Town Code Section 2-4-2(B).
ADJOURNMENT
Vice Mayor Post asked for a motion to adjourn the meeting.
Council Member Kai moved to adjourn the meeting. Council Member Officer seconded
the motion. Motion passed, 6-0. Meeting adjourned at 8:01 PM.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the regular Town
Council meeting held on November 21, 2023.1 further certify that a quorum was present.
David L. Udall, Town Clerk
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December 5, 2023